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HomeMy WebLinkAbout09/23/1997�!13 WIL1101 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner Toe Ruzicka On Schad Franklin Fong Mike Goldenberg Toe McManus Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community &Development Services, 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 Dept. of Community & Development Services at (909) 396 5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium The City o f Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Tuesday, September 23, 1997 Next Resolution No. 97-13 CALL TO ORDER: 7:00 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 coomplete a_Speaker's Card for the recording S r a Compl Lion of this form is voluntary) There is a five minute maximum time limit when addressing the Planning CommiSSIOUN 3. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. 'Consent calendar items may be removed from the agenda by request of the Commission only: 3.1 Minutes of September 2, 6 & 9, 1997 4. OLD BUSINESS: None 5. 6. NEW BUSINESS: None CONTINUED PUBLIC HEARINGS: 6.1 Draft Development Code (Zoning Code Amendment ZCA 97-1 and Negative Declaration No. 97-3) Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt the Resolutions recommending City Council Approval of the Draft Development Code, Draft Subdivision Code, Draft Design Guidelines and Negative Declaration No. 97-3. SEPTEMBER 23, 1997 PLANNING COMMISSION AGENDA 1 6.2 Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 964, Oak Tree Permit No. 96-1 and Zone Change 964 (pursuant to Code Sections Title 21, and Title 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 R 1,200 and A-2-2 to R-1-40,000. (Continued from August 26, 1997) 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, receive testimony and continue the public hearing to October 14, 1997. 7. PUBLIC HEARING: 7.1 Conditional Use Permit No. 97-3 is a request (pursuant to Code Section 22.56.010) to allow the sale of beer and wine in an existing mini -mart at the Chevron Gas Station. Property Address: 21324 Pathfinder Road, Diamond Bar, CA 91765 Applicant: Mohamad Salimnia, 21324 Pathfinder Road, Diamond Bar, CA Property Owner: Chevron U.S.A., Inc., P.O. Box 285, Houston, TX 77001 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the %Y has determined that this project is Categorically Exempt, §15301(a). RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 97-3, Findings of Fact and conditions as listed within the attached resolution. 7.2 General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96 4 (pursuant to Code Sections . Title 21-Subdivision, Hillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit) The subject request proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a gated community identified as "The Country Estates". The land use designation will change from Open SEPTEMBER 23, 1997 PLANNING COMMISSION AGENDA 2 Space to Rural Residential. The remaining 126.12 acres will continue as Open Space. The proposal includes: subdividing the 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four single family custom homes; the removal and replacement of oak and walnut trees; and the removal of a map restriction. Property Address: Easterly side of Blaze Trail across from the intersection of Timbertop Lane. Property Owner/ Diamond Bar Country Estates Association, 22615 Lazy Meadow Applicant: Drive, Diamond Bar CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 97-4 has been prepared and is available for public review through October 2, 1997. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, receive comments on the Negative Declaration and project entitlements, and continue the public hearing to October 14, 1997. 7.3 General Plan Amendment No. 96-2, Vesting Tentative Tract Map No. 52267, Vesting Tentative Tract Map No. 52308, Conditional Use Permit No. 9643, Conditional Use Permit No. 96-16, Oak Tree Permit No. 96-3 and Oak Tree Permit No. 96-5. Pursuant to Code Sections Title 21-Subdivision, 22.56.215-Part 1-Hillside Management Area, Hillside Management Ordinance No. 7 (1990) and 22.26-Part 16-Oak Tree Permit, the project request consists of the following: 7.3 a) VTTM NO. 52267, Conditional Use Permit No. 96-13 and Oak Tree Permit No. 96-3 is proposed for 130 single-family detached residential dwelling units clustered on approximately 65 acres of a 339.3-acre site. The development is proposed as a private, gated community. Lots will range in size from 6,000 square feet to 26,000 square feet. The gross proposed density is 0.4 dwelling units per acre with a net density of approximately 2.06 dwelling units per acre; and 7.3 b) VTTM NO. 52308, General Plan Amendment No. 96-2, Conditional Use Permit No. 9616 and Oak Tree Permit No. 96-5 is proposed for 60 single-family detached residential dwelling units clustered on approximately 36.7 acres of the 86.3- acre site. The development is proposed as a private, gated community. Lots will range in size from 8,000 square feet to 41,750 square feet. The gross proposed density is 0.7 dwelling units per acre with a net density of approximately 1.63 dwelling units per acre. Additionally, the project includes a General Plan Amendment to allow additional residential development in excess of 130 dwelling units within General Plan Planning Area 2, the removal of deed and map restrictions, and the potential for the acquisition of publicly owned property adjacent to Pantera park and . Property Address: VTTM N0.52267 - generally located east of Diamond Bar SEPTEMBER 23, 1997 PLANNING COMMISSION AGENDA 3 Boulevard and north of Grand Avenue; VTTM NO. 52308 - generally located northeast of Pantera Drive and South of Bowcreek Drive. Property Owner: Diamond Hills Ranch Partnership, 550 W. Orangethorpe Avenue, Placentia, CA 92870 Applicant: SunCal Companies, 550 W. Orangethorpe Avenue, Placentia, CA 92806 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City determined that an Environmental Impact Report was required for this project. An Environmental Impact Report No. 97-2 (SCH No. 97031005) was prepared and was available for public review from July 10, 1997 to August 25, 1997. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, receive comments on the Draft Environmental Impact Report and project entitlements and continue the public hearing to October 14, 1997. 8. PLANNING COMMISSION ITEMS: 9. INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: SCHOOL SAFETY STUDY PUBLIC HEARING WORKSHOPS - September 25, 1997 and October 2, 1997 6:30 p.m. - AQMD Room CC-2, 21865 E. Copley Drive. PARKS &RECREATION COMMISSION -Thursday, September 25, 1997 - 7:00 p.m. - AQMD Board Hearing Room, 21865 E. Copley Drive. TOWN HALL MEETING - ECONOMIC REVITALIZATION PLAN -September 30, 1997 - 6:30 - 9:00 p.m. - South Pointe . Middle School Multi -Purpose Room - 20671 Larkstone Drive TRAFFIC &TRANSPORTATION -Thursday, October 9, 1997 - 7:00 p.m. -AQMD Board Hearing Room, 21865 E. Copley Drive. CITY COUNCIL - Tuesday, October 7 & 21, 1997 - 6:30 p.m. -AQMD Auditorium, 21865 E. Copley Drive TRAFFIC &TRANSPORTATION -October 9, 1997 - 7:00 -AQMD Board Hearing Room, 21865 E. Copley Drive. PLANNING COMMISSION -Tuesday, October 14 & 28, 1997 - 7:00 p.m. -AQMD Auditorium, 2186 E. Copley Drive TOWN HALL MEETING -Economic Revitalization Plan -October 25, 1997 - 9:00 a.m. - 12:00 p.m. -Golden Springs Elementary School Multi -Purpose Room - 245 Ballena Dr. 11. ADJOURNMENT: Tuesday, October 14, 1997 - 7:00 p.m. SEPTEMBER 23, 1997 PLANNING COMMISSION AGENDA - 4 Boulevard and north of Grand Avenue; VTTM NO. 52308 - generally located northeast of Pantera Drive and South of Bowcreek Drive, Property Owner: Diamond Hills Ranch Partnership, 550 W. Orangethorpe Avenue, Placentia, CA 92870 Applicant: SunCal Companies, 550 W. Orangethorpe Avenue, Placentia, CA 92806 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City determined that an Environmental Impact Report was required for this project. An Environmental Impact Report No. 97-2 (SCH No. 97031005) was prepared and was available for public review from July 10, 1997 to August 25, 1997. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing, receive comments on the Draft Environmental Impact Report and project entitlements and continue the public hearing. 8. PLANNING COMMISSION ITEMS: 9. INFORMATIONAL ITEPvIS: 10. SCHEDULE OF FUTURE EVENTS: SCHOOL SAFETY STUDY PUBLIC HEARING WORKSHOPS - September 25, 1997 and October 2, 1997 6:30 p.m. - AQMD Room CC-2, 21865 E. Copley Drive. PARKS &RECREATION COMMISSION -Thursday, September 25, 1997 - 7:00 p.m. - AQMD Board Hearing Room, 21865 E. Copley Drive, TOWN HALL MEETING - ECONOMIC REVITALIZATION ,PLAN -September 30, 1997 - 6:30 - 9:00 p.m. - South Pointe Middle School Multi -Purpose Room - 20671 Larkstone Drive CITY COUNCIL -Tuesday, October 7 & 21, 1997 - 6:30 p.m. -AQMD Auditorium, 21865 E. Copley Drive TRAFFIC & TRANSPORTATION - October 9, 1997 - 7:00 - AQMD Board Hearing Room, 21865 E. Copley Drive. PLANNING COMMISSION - Tuesday, October 14 & 28, 1997 - 7:00 p.m. - AQMD Auditorium, 2186 E. Copley Drive TOWN HALL MEETING - Economic Revitalization Plan - October 25, 1997 - 9:00 a.m. - 12:00 p.m. - Golden Springs Elementary School Multi -Purpose Room - 245 Ballena Dr. 11. ADJOURNMENT: Tuesday, October 14, 1997 - 7:00 p.m. SEPTEMBER 23, 1997 PLANNING COMMISSION AGENDA 4 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION ��^ SEPTEMBER 2, 1997 4/ CALL TO ORDER: Chairman Ruzicka called the meeting to order at 6:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance Johnson. was led by Senior Planner Catherine ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, Commissioners Goldenberg and McManus Absent: Commissioner Fong Also Present: Acting Planning Commission Secretary Catherine Johnson and Associate Planner Ann Lungu. MATTERS FROM THE AIIDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of August 19, 1997. Chair/Ruzicka requested with be corrected to with in the last line on,Page 4. C/Goldenberg moved, VC/Schad seconded, to approve the minutes of August 19, 1997 as corrected. The motion was carried 4-0. OLD BIISINE88: None NEW BIISINESB - None CONTINIIED PIIBLIC $EARING3: 1. Draft Development Code (Zoning Code Amendment ZCA 97-1) Article II and Article V of the Development Code and make an informal recommendation. It is recommended that the Zoning Map be continued to a date to be determined by the Planning Commission, Ron Pflugrath, AICP, The Planning and Zoning Alliance, and the Commission discussed the Citywide Design Guidelines draft and view protection. Mr. Pflugrath stated there are three potential approaches to view protection: Impose quantified standards, define standards and identify enforcement, and determine how the standards are to be applied (new and/or current structures). SEPTEMBER 21 1997 PAGE 2 SP/Johnson stated the General Plan directs the City to develop standards. Basic standards will be included within the Development Code and expanded guidelines will be included within the Citywide Design Guidelines. Basic privacy issues are included within the draft Citywide Design Guidelines presented for the Planning Commission's consideration in tonight's packet. The privacy issues will be expanded and view protection will be addressed in the document. Chair/Ruzicka reiterated the Commission's desire to have City government encourage citizens to preserve views and to preserve privacy whenever possible. Responding to C/Goldenberg, Chair/Ruzicka explained that he mediates view and privacy disputes by encouraging homeowners to consider compromise. He said he believes that "views" does not guarantee an unobstructed panorama of given features, but does include a reasonable approach to the situation. Bob Zirbes stated in response to C/Goldenberg that he likes Laguna Beach's approach to the matter of views. He indicated that the Laguna Beach City Council is discussing this matter this evening and he would like to know the outcome of the discussion. He said he would like to see the ordinance come back to the Planning Commission with the lined -out items put back into the document and have the document redone to delete and/or rewrite items as they pertain to Diamond Bar. He explained his approach to mediation is to bring the parties together to resolve matters of dispute. He said he does not believe the City should legislate or enforce matters of view and privacy. However, he would like to have the City implement stringent requirements on new development with respect to placement of a structure and its landscaping in relationship to existing structures. He referred the Commission to Page 8 of the. Laguna Beach Ordinance which discusses "having the complainant notify the tree owner" as an essential element of mediation. Chair/Ruzicka agreed with Mr. Zirbes that he likes Laguna Beach's approach to the problem because it calls out important stages in the development of a dispute. C/Goldenberg stated he believes the balance of the Commission concurs with Mr. Zirbes and Chair/Ruzicka to have Laguna Beach's document edited for Diamond Bar. He encouraged staff not to include stringent municipal regulations that require constant surveillance. Chair/Ruzicka asked staff to determine the results of the Laguna Beach City Council discussion, rewrite the ordinance, delete all of the crossed out sections, delete SEPTEMBER 2, 1997 PAGE 3 PLANNING all references to items that do not pertain to Diamond Bar, and return a clean Citywide Design Guidelines document with a phased process to guide claimants to settlement to the Commission for discussion and recommendation for .inclusion within the Development Code. Chuck Martin, 444 Red Cloud Drive, asked that the Planning Commission consider exceptions when discussing view preservation. He explained that the homeowner up the hill from him was permitted to build an add -on with a second story which allows his neighbor to have full view of his backyard and view into some of the rooms of his home. He said he was not notified by the City when his neighbor applied for and was granted a building permit. He indicated he would have objected to the structure if he had been aware of the project. He stated that as a result of his neighbors add -on which includes windows facing his property, he has lost his cherished privacy. He said he believes Diamond Bar's Ordinance should contain a grandfather clause to protect his right to privacy. Chair/Ruzicka stated that Mr. Martin's scenario occurs frequently in the City. He said he believes most of these types of projects that are approved without concern for neighbors privacy' are approved without Planning Commission hearings. VC/Schad concurred with Chair/Ruzicka that many residents have experienced loss of privacy as a result of add -on approvals. He said he believes this problem needs to be addressed in the Citywide Design Guidelines and Development Code by the Planning Commission. Mr. zirbes said he believes that if the Development Code currently being reviewed by the Planning Commission had been in place prior to the add -on in Mr. Martin's neighborhood, the add -on may not have been approved by the Planning Commission. Chair/Ruzicka indicated to Mr. Pflugrath that there is Commission consensus for a more detailed approach to view and privacy preservation with respect to all development discussed within the Development Code. He pointed out that SP/Johnson pointed out (referring to the August 5, 1997 Planning Commission minutes) that "the City's Planning Department and Planning Commission have discretionary authority and can exercise sensitivity in the negotiation of projects". C/Goldenberg stated he believes the sensitivity issue should be addressed at the beginning of the document. If staff approves a project that does not come before the Planning Commission, the existing neighborhood must be SEPTEMBER 2r 1997 PAGE 4 PLANNING I :s considered in the approval or denial of the application. SP/Johnson responded to Chair/Ruzicka that additions that exceeds 50 percent of the existing home area, the matter is considered through he Administrative Development Review process and homeowners within a 300 foot radius of the project are notified. These matters can be appealed to the City's Planning Department. Mr. Martin suggested that the Code specify that, in the case of add-ons which may infringe on neighbor's privacy, no windows may be placed facing the neighbors property. C/McManus suggested that staff acquire a copy of the City of Cerritos' ordinance because it addresses views. Mr. Pflugrath pointed out that Page 36 of the Draft Citywide Design Guideline provided to the Commission tonight suggests that portions of second story structures be set back from the first story. He indicated this portion of the draft can be expanded to address the Commission's concerns. Paul Crawford, AICP, Zoning Alliance, presented Article II. ESTABLISHMENT OE ZONING DISTRICTS (Pages II-3 through II-6) There was no comment on this chapter. RESIDENTIAL ZONING DISTRICTS (Pages II-7 through II-13 C/McManus asked for explanation of Private residential recreational facil�t�es in the RECREATION, EDUCATION & PUBLIC ASSEMBLY USES portion of Table 2-2 on Page II-9. Mr. Crawford explained that this article works with the definition of the code which contains an explanation of each of the land uses. Private residential recreational facilities are defined on Page VII-29 as "Privately owned, non-commercial outdoor recreation facilities provided for members or project and neighborhood residents. These include swim and tennis clubs, park and sport court facilities." He explained that these are facilities that could be allowed in conjunction with a multi -family or single family residential project. The question marks are inserted in Table 2-2 on Page II-9 to discuss whether these facilities should be included. SP/Johnson explained that the question is not whether to include these facilities, but instead, the process for reviewing them. SEPTEMBER 2, 1997 PAGE 5 PLANNING Responding to C/Goldenberg, Mr. Crawford explained that numbers on lines 7 and 8 of the subsection "RESIDENTIAL USES" in Table 2-2 on Page II-9 should be changed to read: "Residential care homes, ¢ or fewer clients" and "Residential care homes, Z or more clients." California State Law requires all cities allow, without permit, residential care homes with 6 or few clients in any residential zoning district. The City may not regulate such facilities. Whether or not to allow facilities of 7 or more clients is determined at a local level. Bob Zirbes asked for an explanation of "Manufactured housing units" listed in subsection entitled RESIDENTIAL USES in Table 2-2 on Page II-9. Mr. Crawford responded that California cities are required to allow manufactured housing units which meet construction standards on any residential lot and are limited to architectural requirements that require a roof overhang unless specific materials and designs are required for all residential units in the community. COMMERCIAL/INDIISTRIAL ZONING DISTRICTS (Pages II-15 through II-27) Responding to C/McManus, SP/Johnson recommended the Conditional Use Permit process be imposed for consideration of Adult day care facilities (See SERVICE USES subsection in Table 2-4 on Page II-28). Mr. Crawford responded to Mr. Zirbes that the code intends to restrict Adult Entertainment Business to the heaviest commercial district and .industrial zone. He reminded the Commission that CA/Nichols commented with respect to the City's ability to regulate those uses. The City must allow a reasonable number of sites and cannot limit the hours of operation. The Commission concurred to delete Grocery stores from subsection RETAIL TRADE USES in Table 2-4-on Page II-17. SP/Johnson corrected Shopping centers under subsection RETAIL TRADE USES in Table 2-5 on Page II-21 to require a CUP under C-2 zone instead of C-3. Responding to VC/Schad, SP/Johnson stated that the City's General Plan defines Light Industrial as Industrial Land Use and indicates that no areas of the City are appropriate for Heavy Industrial. In response to C/McManus regarding Item B. Glare and heat being, applicable to second stories of the same building, certain industrial processes will generate these types of effects. The objective in this section is to simply MBER 21 1997 PAGE 6 PLANNING COMMISSION restrict them to the same property. It would be up to t� the lessees and landlords to compromise on these issues. SPECIAL PURPOSE ZONING DISTRICTS (Pages II~29 through II-33) The Commission concurred that Item 2 (Mobile home/manufactured housing units) and Item 4 (Secondary residential units) should be deleted from subsection RESIDENTIAL USES in Table 2-7 on Page II-31, and that Residential accessory uses and structures should be included under OS and subject to the Permit process. The Commission concurred that Item 1 Heliports be deleted from subsection TRANSPORTATION & COMMUNICATIONS USES in Table 2-7 on Page II-31. Bob Zirbes asked if Equestrian facilities under RECREATION, EDUCATION, PUBLIC ASSEMBLY USES should be included in the AG category. Chair/Ruzicka asked staff to research this matter and provide direction. OVERLAY ZONING DISTRICTS (Pages II-35 through II-36) There was no comment on this chapter. SP/Johnson stated that this concludes the text portion of the Development Code document. She reminded the Commission that a public meeting has been advertised for Saturday, September 61 1997 in the South Coast Air Quality Management District Auditorium from 9:00 a.m. to 12:00 noon. SP/Johnson stated that staff proposes to hold public hearings on the Zoning Equivalency Matrix for the Zoning Map separate from the Development Code to run concurrently with the City council's review of the Zoning Map. These public hearings will not impact the Development Code adoption. C/Goldenberg suggested the City consider direct mailing to effected businesses. Chair/Ruzicka stated he believes it would be a serious breach of public confidence if the necessary steps were not taken to notify people with regard to their rights. SP/Johnson responded to Chair/Ruzicka that she will discuss the Commission's concerns regarding public notification with DCM/DeStefano. SEPTEMBER 21 1997 PAGE 7 PLANNING CO PLANNING COMMISSION ITEMS: Chair/Ruzicka thanked the Commission, staff and the consultants for their work on drafting the Development Code. He said this is the best project he has been associated with in his time as a Commissioner in the City of Diamond Bar. INFORMATIONAL ITEMS - None SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:10 p.m. to Saturday, September 6, 1997 at 9:00 a.m. in the South Coast Air Quality Management Auditorium. Respectfully Submitted, Catherine Johnson Acting Secretary Attest: Joe Ruzicka Chairman MINUTES OF OF DIAMOND ''4ri+! 1 •COMMISSION•.%L�; OAt CALL TO ORDER: Chairman Ruzicka called the meeting to order at 9:30 a.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. I . PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Paul Wright. ROLL CALL: Present: Chairman Ruzicka and Commissioners Goldenberg and McManus Absent: Commissioner Fong and Vice Chairman Schad Also Present: Acting Planning Commission Secretary Catherine Johnson, Associate Planner Ann Lungu and Consultant Ron Pflugrath, MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR - None OLD BUSINESS: None NEW BUSINESS - None CONTINUED PUBLIC HEARINGS: 1. Draft Development Code (Zoning Code Amendment ZCA 97-1) Article II and Article V of the Development Code and make an informal recommendation. All present arrived prior to 9:00 a.m. and waited for audience participants to arrive. Chair/Ruzicka asked for the record to reflect that Vice Chairman Schad and Commissioner Fong were not present .and had not indicated they would be absent. There was no public present for this meeting. Chair/Ruzicka noted for the record that this meeting was well advertised. SP/Johnson explained that discussion of Articles II and V concluded during the September 2, 1997 meeting with an informal recommendation for approval as amended. The September 9, 1997 meeting will include a discussion of the Citywide Design Guidelines. Chair/Ruzicka indicated he will forward his grammatical corrections to staff for inclusion in' the amended Articles. SEPTEMBER 6l 1997 PAGE 2 PLANNING COMMISSION PUBLIC HEARINGS - None DRAFf PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS - None SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 9:38 a.m. to Saturday, September 91 1997 at 7:00 p.m. in the South Coast Air Quality Management Auditorium. Respectfully Submitted, Catherine Johnson Acting Secretary Attest: Joe Ruzicka Chairman MINUTES OF THE CITY OF DIAMOND BAR PMPT COMMISSION f:::. . CALL TO ORDER: Chairman Ruzicka called the meeting to order at 6:00 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Chairman Ruzicka. ROLL CALL: Present:- Chairman Ruzicka, Vice Chairman Schad, and Commissioners Goldenberg and McManus Absent: Commissioner .Fong Also Present: Acting Planning Commission Secretary Catherine Johnson. Deputy City Manager and Associate Planner Ann Lungu joined the meeting at 7:15 p.m. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of August 26, 1997. C/McManus requested that his article entitled "Trees are a Danger in Diamond Bar" be included verbatim within the August 26, 1997 minutes. C/McManus moved, VC/Schad seconded, to approve the August 26, 1997 minutes as amended. The motion was carried 4-0. OLD BUSINESS - None NEW BUSINESS: - None CONTINUED PUBLIC. HEARINGS: 1. Draft Development Code (Zoning Code Amendment ZGA 97-1) Review of all Articles of the Draft Development Code and Draft Design Guidelines. Staff recommends that the Planning Commission review the Draft Design Guidelines and make an informal recommendation. SP/Johnson presented the Draft Design Guidelines. The following amendments and corrections were offered:_ 9, 1997 PAGE 2 PLANNING Chair/Ruzicka recommended that the following be added to the end of Paragraph 12) on Page 7: "..and camouflaged where possible." SP/Johnson responded to Chair/Ruzicka that height limitations as respects B. ARCHITECTURE are contained in the Development Code as a standard. Chair/Ruzicka pointed out that "amount" should be corrected to "along" in the second line of Paragraph 15) on Page 10 so that the line reads: "...architectural form and detailing, should be consistent alon all buildings, etc.". Chair/Ruzicka suggested the end of Paragraph 21) on Page 11 be changed to "ie. skyline" instead of (skyline). C/McManus pointed out that the first line of Paragraph 24) on Page 12 should be eliminated from Paragraph 24 and included as the first line of Paragraph 25) on Page 12. Chair/Ruzicka asked that Paragraph 1) under Signac,�e on Page 22 be corrected as follows: Pluralize increase in the second sentence and change "doesn't" to "do not" in the fourth line so that the second sentence reads: "A good sign program increases the sense of order and unity in a center and increases legibility because the eyes do not have to adjust to a variety of sign styles, sizes and colors. VC/Schad asked that "that be added to Paragraph 6) on Page 23 so that the sentence reads: "Signage should be appropriate for the type of activity that the business conducts.". VC/Schad asked that item f) be added under A. Site Planning on Page 24 to read as follows: "Planning does not impact existing views." C/Goldenberg asked that the language of item f) under A. Site Planning on Page 24 be softened to read: "Shall not unecessarily impact existing views". Chair/Ruzicka asked that a comma be added following plazas in the first line of Paragraph 5) on Page 25 so that the sentence reads: "Building placement which creates opportunities for plazas. courts, or gardens is encouraged." Chair/Ruzicka recommended Paragraph 8) on Page 26 be changed to read: "Details that create shade and cast. shadows can be used to provide (eliminate I'd") visual relief to the building." SEPTEMBER 91 1997 PAGE 3 PLANNING Responding to Chair/Ruzicka suggestion, SP/Johnson recommended that Paragraph 12) on Page 27 be changed to read: "Encourage the use of material with low maintenance such as, etc.". Chair/Ruzicka asked that the first word in the second line of Paragraph 16) be pluralized to "features". VC/Schad corrected the second line of Paragraph 2).on Page 28 as folllows: "...plants is encouraged... etc". Chair/Ruzicka recommended that "and" be changed to "around" in the last sentence of Paragraph 8) on Page 28 so that the sentence reads: "Concrete mow -strips are recommended around shrub areas." Chair/Ruzicka and Bob Zirbes recommended the last paragraph on Page 29 be rewritten as follows: "Because the City is largely built out, there will not be a significant amount of new tracts in the future and the patterns of residential development within the City have generally been established. While the housing stock is relatively new, as it ages, houses will be remodeled, expanded or in some cases, homes will be demolished and reconstructed on the same lot. One of the most important issues is to insure that new or remodeled residential development is compatible with and complementary to the existing neighborhood. Chair/Ruzicka asked that "mullet -family" in the last sentence of the first paragraph on Page 30 be corrected to "multi -family development. Chair/Ruzicka asked that "an" be corrected to "a" in the last paragraph under RESIDENTIAL DESIGN GUIDELINES on Page 30 so that the third line reads: "...included as a chapter within the new comprehensive Development Code." Bob Zirbes asked that the first sentence of Paragraph 2) under A. Site Planning be corrected to read: "Compatibility with adjacent uses is the primary consideration." Chair/Ruzicka asked for inclusion of a short statement within Paragraph 1) under A. Site Planning on Page 30 to instruct staff to mention to permit applicants that "How the proposed design impacts the surrounding property owners should be a major priority." SP/Johnson suggested the paragraph begin with the statement "Staff will work with the property owners to ensure that proposed design impacts are minimized with respect to the surrounding property owners." SEPTEMBER 9, 1997 PAGE 4 PLANNING Chair/Ruzicka stated that he believes residential remodeling does not occur in a vacuum and can effect the surrounding neighborhood in a positive or negative manner. IF the statement "how the proposed design impacts the surrounding property owners should be a major priorty" is mentioned as part of staffs procedure it helps the applicant understand his responsibilities. SP/Johnson stated she believes administration responsibilities are addressed in the Development Code. VC/Schad asked the "especially pertaining to privacy" be added to Paragraph 1) under D. Fenestration (Placement of Doors and Windows) on Page 33. SP/Johnson reiterated that this guideline emphasizes the design. Privacy is addressed as a separate issue. The Commission did not concur to add VC/Schad's recommended language. Chair/Ruzicka pointed out that "property" in the second line of Paragraph 1) under E. Equipment Screening Gutters Downspouts and Vents on Page 34 should be corrected to "properly". VC/Schad asked that ",where possible." be added to the end of Paragraph 1) under E. Equipment Screening Gutters. Downspouts and Vents. Chair/Ruzicka asked that Paragraph 7) under Cam. Landscaping be changed to read as follows: "Utilize trees for canopy and shade, creating areas which provide opportunities for shaded play areas or passive outdoor recreation." VC/Schad recommended "each" be changed to "every" in the third line of Paragraph 3) on Page 37 so that it reads: "...frequently than every fourth house." SP/Johnson distributed Draft View Protection Guidelines for the Commission consideration. This item will be agendized for discussion at the September 23, 1997 Planning Commission meeting. The Planning Commission will be asked to recommend adoption at that time. Responding to Mr. Zirbes regarding inclusion of the Laguna Beach View Protection guildelines, SP/Johnson stated it is not staff's role to create a board or method for mediation. Staff's role is to establish standards and guidelines. Mediation is a civil matter. SEPTEMBER 9, 1997 PAGE 5 PLANNING The Planning Commission concurred to accept the Development Code an°d Draft Citywide Design Guidelines as presented to include the amendments and corrections noted. 2. Development Review No. 97-4 is a request (pursuant to Section 22.72.020.A) to construct a 35,461 square foot, two story industrial building to be utilized for warehousing, assembly and associated office uses on a 78,442 square foot (1.8 acre) vacant site. (Continued from August 12, 1997). Property Location: Northeast corner of Lemon Avenue and Lycoming Street Property Owner: Lan Plus, Andy Teng, 17088 E. Green Drive, City of Industry, CA 91745 Applicant: Kent Wu Architects, 1274 E. Center Court Drive, Suite 211, Covina, CA 91724 SP/Johnson stated that at the Planning Commission meeting of August 26, 1997, the public hearing for the above mentioned project was opened and the Planning Commission continued the project to the meeting of September 9, 1997. Since that time, staff has. completed further analysis of the project. She listed the revisions to the conditions of approval. Staff recommends that the Planning Commission approve Development Review No. 97-4, Findings of Fact and conditions of approval as listed within the attached resolution. Chair/Ruzicka reopened -the public hearing. Chang Lee speaking for the applicant, thanked staff for the revisions. He indicated the applicant is out of the country and wishes to proceed with the project. The matter of payment for the cost of the land for dedication to the City is pending between the applicant and the current property owner. Kent Wu, architect, received confirmation from staff with respect to the location of the 10 foot frontage property to be dedicated to the City. Mr. Wu asked that "existing" be inserted in line three of Condition (x) on Page 7 of the Resolution so that the line reads: "the existing property's frontage along Lycoming Street". Staff concured with Mr. Wu's request. SEPTEMBER 91 1997 PAGE 6 PLANNING VC/Schad reiterated his concerns regarding black walnut and pepper trees on the property. VC/Schad moved, C/McManus seconded, Co approve Development Review No. 97-4, Findings of Fact and conditions of approval as listed within the resolution including the amendment to Condition (x). The motion was carried 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Fong PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: C/Goldenberg wished Commissioner Fong a speedy recovery. He reminded the Commissioners that the Diamond Bar Ranch Festival is scheduled to be held October 3, 4 and 5 and there will be no parade this year. INFORMATIONAL ITEMS - None SCHEDULE OF FUTURE EVENTS: DCM/DeStefano presented the Schedule of Future Events. Additional meetings scheduled are as follows: SunCal Properties workshop to be held on Saturday, September 13, 1997 at 10:00 a.m. at the terminus of Highcrest Street; Traffic and Transportation Commission, September 18, 1997 at 7:00 p.m. - School Traffic Study workshop, and Economic Revitalization Town Hall Meeting from 9:00 a.m. to 12:00 noon on September 30, 1997 at South Point Middle School. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 7:18 p.m. to Tuesday, September 23, 1997 at 7:OO p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, Catherine Johnson Acting Secretary Attest: SEPTEMBER 9, 1997 PAGE 7 PLANNING Joe Ruzicka Chairman lY CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: CHAIRMAN AND PLANNING COMMISSION FROM: CATHERINE JOHNSON, SENIOR PLANNER G S SUBJECT: HEARING DRAFT DEVELOPMENT CODE DATE: SEPTEMBER 19, 1997 Attached for your review are the hearing drafts of the Development Code and the Design Guidelines. These drafts includes the staff and Planning Commission revisions, numbered sections and graphics. Upon the direction of the City Attorney, the Development Code has been divided into two separate Titles of the Municipal Code: Title 21, Subdivision Code and Title 22, Development Code. The result of this division is that Article V-Subdivisions is removed from the Development Code and becomes the Subdivision Code, which is now divided into ten articles, rather than chapters. This does not change the contents of the subdivision regulations. The remaining six articles comprise the Development Code. However, the Subdivision Code is not proposed for formal recommendation at the meeting of September 23, 1997, because staff has recently received comments from the City Attorney, and additional time is required to respond to these comments. The Subdivision Code will be brought forward with a recommendation at the next (October 14, 1997) meeting. Also attached are the resolutions recommending that the City Council approve the Draft Development Code, Draft Citywide Design Guidelines and the Initial Study that was prepared for the Negative Declaration that is recommended in compliance with the California Environmental Quality Act (CEOA). There will be three separate adopting resolutions because the Development Code and Subdivision Code will be adopted by ordinance under separate titles and because the Citywide Design Guidelines, as a policy document will be adopted by resolution. Included within the Development Code resolution is the Zoning Consistency Matrix. As previously discussed, this matrix establishes equivalent Development Code standards for the City's existing zoning districts. It will be utilized in the interim period between the adoption of the Development Code and the revised zoning map. When reviewing the Hearing Draft, please note the following items: After consultation with the City Attorney, staff is recommending that the sign regulations contain only the statement (Ilkl!30.E) "Sign copy in non-Latin/Roman symbols numerals, or alphabet characters shall contain a generic description of the business or use...." The City Attorney has advised us that, based upon case law, requiring that 50% of the sign copy be in English has been determined to be a violation of the first amendment right of free speech. Also, it is recommended that adult businesses be permitted only within the Light Industry (1) zone (previously, they were also proposed for the C-3 zone). Further, a separation of 300 feet between adult businesses and a 300 foot distance from schools and residential uses is recommended. This is based on staff's inventory of available sites and the City Attorney's direction that there must be a reasonably adequate number of available sites within the City. Staff believes that limiting adult businesses to the City's industrial areas will minimize the number of potential adult businesses and separate these uses from the majority of the City's residential areas and primary commercial sites. Please note that pg. III-160 cites a 300' distance from churches. Staff is recommending that a minimum distance from churches not be included because there are currently churches within our industrial parks and a separation requirement would further reduce the number of available sites. Please note that staff received that Hearing Draft on Friday and is still in the process of reviewing the document. Other comments and revisions may be presented at Tuesday night's meeting. When reviewing the Hearing Draft, please feel free to make any additional comments, or revisions as needed. The Planning Commission's review of the Code is proceeding in accordance with the schedule, and a formal recommendation should be made only if the Commission is satisfied with the Hearing Draft. 2 RECOMMENDATION: It is recommended that the Planning Commission recommend that the City Council approve the Hearing Draft Development Code and Citywide Design Guidelines (ZCA 97-1) and Negative Declaration (ND 97-1) subject to the findings contained within Planning Commission Resolutions , 97-XX and 97-XX. Attachments: Draft Resolution Recommending Approval of, the Hearing Draft Development Code Draft Resolution Recommending Approval of the Hearing Draft Citywide Design Guidelines Initial Study for Negative Declaration (ND 97-3) 3 RESOLUTION NO. 97-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT AN ORDINANCE ESTABLISHING DETAILED ZONING AND LAND USE REGULATIONS AND DEVELOPMENT STANDARDS (CASE NO. ZCA 97-1) AND NEGATIVE DECLARATION (ND) 97-3 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances .of the City of Diamond Bar. Title 22 of the Los Angeles County Code contains the Planning and Zoning Code of the County of Los Angeles now currently applicable to development applications within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. The City of Diamond Bar has determined that the existing zoning and development standards contained within the County of Los Angeles Planning and Zoning Code are outdated and ill -suited to meet the City's needs in terms of the type and quality of development envisioned by the General Plan. 4. The Planning Commission of the City of Diamond Bar conducted duly noticed public hearings with regard to the Draft Diamond Bar Development Code. The public hearings Were held on July 22, July 29, August 5, August, 12, August 19, August 26, September 2, September 6, and September 9, 1997. 5. The Planning Commission considered, individually and collectively, the six draft articles comprising the City of Diamond Bar's Draft Development Code, The Draft Development Code established under the authority of Government Code Section 65850 includes six articles, specifically: 1 I: Purpose and Applicability of the Development Code; II. Zoning Districts and Allowable Land Uses; III. Site Planning and General Development Standards; IV. Land Use and Development Permit Procedures; V. Devlopment Code Administration; VI. Definitions. The Draft Development Code shall also incorporate by reference the County of Los Angeles Zoning Map and City of Diamond Zoning Consistency Matrix which shall be in effect during the interim period between the adoption of the Development Code and adoption of a revised Diamond Bar Zoning Map. The Zoning Consistency Matrix establishes equivalencies between the City's existing zoning designations and the applicable zoning standards within the Development Code. 6. The Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Draft Development Code attached hereto as Exhibit "A" and incorporated by reference into this Resolution implements the goals, objectives and strategies of the General Plan. The Planning Commission has duly considered these issues so as to meet the City's needs in terms of the type of development envisioned by the General Plan. 7. All legal prerequisites to the adoption of this resolution have occured. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby recommends that the. City Council adopt the Draft Development Code for the City of Diamond Bar and the Zoning Consistency Matrix attached hereto as Exhibit "A" and incorporated herein by reference. 3. The Planning Commission hereby determines that there is no substantial evidence that the Draft Development Code will have a significant effect on the environment and therefore a Negative Declaration 2 (ND 97-3) has been prepared, pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 4. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this Planning Commission that the Development Code proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, .this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 5. The Planning Commission finds and determines that the Development Code is consistent with and implements the goals, objectives and strategies of the City of Diamond Bar General Plan, The Secretary of the Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, 1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23RD day of September 1997, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary 3 ZONING CONSISTENCY MATRIX The following matrix establishes equivalent Development Code standards for the City's existing zoning districts. This matrix will be in effect until a revised zoning map is adopted. Please note that all land uses and development proposals must be consistent with the property's General Plan land use designation. GENERAL PLAN EXISTING ZONING APPLICABLE DEVELOPMENT DESIGNATION DISTRICT CODE STANDARDS AGRICULTURE (AG) LIGHT AGRICULTURE A-1 AGRICULTURE (AG) (MAX 1/DU AC) HEAVY AGRICULTURE A-2 RURAL RESIDENTIAL (RR) (MAX R-1 40,0000 RURAL RESIDENTIAL (RR) 1 OU AC) RPO 20,000 R-1 20,000 R-1 15,000 LOW DENSITY RESIDENTIAL (RL) R-1 10,000 LOW DENSITY RESIDENTIAL (MAX 3 DU/AC) RPD 10,000 MQ R-A 10,00 R-1 9,000 R-1 8,500 LOW MEDIUM RESIDENTIAL R-1 8,000 LOW MEDIUM RESIDENTIAL (RLM) RPD 81000 IRLM) (MAX 5 DU/AC) R-A 8,000 R-1 7,5000 R-1 6,000 R-2 MEDIUM DENSITY RESIDENTIAL R-3 UP TO 12 U MEDIUM DENSITY RESIDENTIAL (RM) (RM) 12 DU/AC MEDIUM HIGH DENSITY R-3 UP TO 16 U MEDIUM HIGH DENSITY RESIDENTIAL RESIDENTIAL (RMH) (RMH) 16 DU/AC HIGH DENSITY RESIDENTIAL R-3, R-3 TO 20 U HIGH DENSITY RESIDENTIAL (RH) (RH) 20 DU/AC GENERAL COMMERCIAL (CI COMMERCIAL PLANNED NEIGHBORHOOD COMMERCIAL (MAX 1.0 FAR) DEVELOPMENT (CPD) (C-1) RESTRICTED BUSINESS ZONE (C-1) COMMERCIAL HIGHWAY ZONE (C-H) COMMERCIAL RECREATION ZONE (C-R) GENERAL COMMERCIAL IC) NEIGHBORHOOD COMMUNITY COMMERCIAL (MAX 1.0 FAR) BUSINESS ZONE (C-2) (C-2) GENERAL COMMERCIAL (C) - UNLIMITED REGIONAL COMMERCIAL (MAX 1.0 FAR) COMMERCIAL ZONE (C-3) - (C-3) OFFICE PROFESSIONAL (OP) COMMERCIAL MANUFACTURING ZONE OFFICE PROFESSIONAL (MAX 1.0 FAR) (CM) (OP) LIGHT INDUSTRIAL (1) MANUFACTURING -INDUSTRIAL LIGHT INDUSTRY (MAX 1.0 FAR) PLANNED ZONE (MPD) (I) LIGHT MANUFACTURING ZONE (M-1) RESTRICTED HEAVY MANUFACTURING ZONE (M-1) OPEN SPACE OPEN SPACE OPEN SPACE/CONSERVATION (OS) 0 * CITY OF DIAMOND BAR �� DI�L�IO�D Br1R ENVIRONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act §15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of six parts: Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 PART 1 - BACKGROiJND Background Summary of Environmental Factors Potentially Affected Determination Evaluation of Environmental Impacts Discussion of Environmental Impacts Sources 1. City Project Title: 2. Project Address/Location: 3. Date of Form Submittal: 4, Applicant: Firm Name: Address: City/State/Zip: Phone: Fax: 5, Lead Agency: Contact: Address: City/State/Zip: Phone: Fax: 6. General Plan Designation: 7, Zoning: Development Code Entire City of Diamond Bar June 25, 1997 City of Diamond Bar City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, California 91765 (909) 860-2489 (909) 861-3117 Community Development Department James De Stefano, Director, and Catherine Johnson, Senior Planner Same as above Same as above Same as above Same as above Variable Variable 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary). The project involves the adoption and codification of the City of Diamond Bar's first new comprehensive Development Code. (See Administrative Draft copy of the Development Code, dated June 1997, attached) 1 A. The Development Code embodies the zoning and subdivision regulations and the procedures and requirements for development applications while implementing the goals, policies, and strategies of the Diamond Bar General Plan, B. The zoning regulations clearly describe the following: 1. Authority for the Ciry to regulate zoning and related development activity in the City; 2. Zoning District provisions which include identification of the individual zoning categories (e.g., residential, commercial, industrial, special purpose, and overlay zones), and allowable land use activities, consistent with the land use designations of the 1995 General Plan; 3. Identification of the following: a. Individual zoning district development standards (e.g., height limits, minimum parcel dimensions, parcel coverage, setbacks, etc.); b. Permits and entitlements necessary to secure City authorization to implement development projects; and c. Administrative procedures for the filing, review, noticing, and conducting of public hearings, if required, appeals of City actions, and the amendment of the General Plan, the zoning map and the Development Code. C. The subdivision regulations clearly describe the following: 1. Administrative procedures for the filing, review, and processing of tentative parcel and tract maps, and related functions (e.g., certificates of compliance, mergers, and lot line adjustments) in compliance with State law (Government Code Section 66410, et seq, — Subdivision Map Act); and 2. The improvement requirements that ensure that the subdivision approvals will carry out the purpose and intent of the General Plan and Articles II (Zoning Districts and Allowable Land Uses) and V (Subdivisions) of the Development Code. D. The new Development Code will be known as Title 22 of the Diamond Bar Municipal Code. 9. Surrounding Land Uses and Setting: Briefly describe the projecCs surroundings. The Development Code will apply on a City-wide basis. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement,). No other public agency approvals are required. 11. List City of Diamond Bar related applications for this project that must be processed simultaneously. No other City of Diamond Bar related applications are required. 12. List prior projects for this parcel. Not applicable. PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 1. Land Use and Planning 9, Hazards 2. Population and Housing 10. Noise 3, Geologic Problems 11, Public Services 4. Water 12. Utilities & Service Systems 5. Air Quality 13, Aesthetics 6. Transportation/Circulation 14, Cultural Resources 7, Biological Resources 15. Recreation 8. Energy & Mineral Resources 16. Mandatory Findings of Significance All of the above listed environmental factors could be potentially affected in an extremely positive manner with the adoption of the Development Code. The Development Code will embody procedures, provisions, regulations, and standards that either preserve the status quo or clarify those in effect currently. In some cases, the new Development Code may reduce the negative impacts that would otherwise result from the approval and implementation of the existing laws and strategies. Recognizing that the new Development Code'is the primary implementing tool of the Ciry's General Plan, the answers, to the questions specified in Part 4 (Evaluation of Environmental Impacts) beginning on page 6 of this Environmental Checklist, will identify, as "Source #s," the relevant strategies from the General Plan as well as the Land Use Map (Figure I-2) on page I-27 of the General Plan. The "Source #s" will be identified as depicted in the following example: Strategies 1.1.1 thru 1.1.10 (I-10) and the Land Use Map. The number in parenthesizes identifies the General Plan page on which the particular strategy is located. PART 3 - DETERMINATION Project Number/Title: Title 22 -- Development Code to be completed by Lead Agency On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant ADVERSE effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I fmd that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I fmd that the proposed project MAY have a significant effect on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I fmd that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (1) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. _ Signature of Lead Agency Date Catherine Johnson, Senior Planner James De Stefano, Director Printed Name For PART 4 - EVALUATION OF ENVIRONMENTAL IMPACTS I. A brief explanation is required for all answers except No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial -evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section VII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g, general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. C Environmental Issues - continued ENVIRONMENTAL ISSUES a. Conflict with General Plan designation or zoning? Source #s: Strategies 1.1.1 thru 1.1.10 (I-10) b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Source #s: Strategy 1.2.2 (III-11) c. Be incompatible with existing land uses in the vicinity? Source #s: Strategy 2.2.1 (I-19) d. Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? Source #s: Strategy 1.1.10 (I-12) e. Disrupt or divide the physical arrangement of an established community (including a low- income or minority community)? Source #s: Strategies 1.2.1 thru 1.2.4 (I-13) a. Cumulatively exceed official regional or local population projection? Source #s: Strategies 1.1.4 & 1.1.5 (II-26) b. Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? Source #s: Strategy 1.1.5 (II-26) c. Displace existing housing, especially affordable housing? Source #s: Strategy 2.2.1 (II-28) Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 1/ ►1 X 7 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated a. Fault rupture? Source #s: Strategies 1.1.2 & 1.1.3 (IV-9) b. Seismic ground shaking? Source #s: Strategies 1.1.2 & 1.1.3 (IV-9) c. Seismic ground failure, including liquefaction? Source #s: Strategies 1.1.2 & 1.1.3 (IV-9) d. Seiche (water tanks, reservoirs), tsunami, or volcanic hazard? Source #s: Strategies 1.1.1 thru 1.1.3 (IV-9) e. Landslides or mudflows? Source#s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) f. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Source #s: Strategies 1.1.1 thru 1.1.3 (IV-9) g. Subsidence of the land? Source #s: Strategies 1.1.1 thru 1.1.3 (IV-9) h. Expansive soils? Source #s: Strategies 1.1.1 thru 1.1.3 (IV-9) i. Unique geologic or physical features? Source #s: Strategies 1.1.1 thru 1.1.3 (IV-9) a. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source #s: Strategy 1.2.1 (IV-9) Less Than Sficant No Impact Impact Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated b. Exposure of people or property to water related hazards such as flooding? Source #s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) c. Discharge into surface water or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? Source #s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) d. Changes in the amount of surface water in any water body? Source #s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) e. Changes in currents, or the course or direction of water movements? Source #s: Strategies 1.2.1 thru 1.213 (IV-9 & 10) f. Change in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source #s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) g. Altered direction or rate of flow of groundwater? Source #s: Strategies 1.2.1 thm 1.2.3 (IV-9 & 10) h. Impacts to groundwater quality? Source #s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source #s: Strategies 1.2.1 thru 1.2.3 (IV-9 & 10) Less Than Sficant No Impact Impact X X X X X 7 Environmental Issues - continued IO Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact e. Hazards or barriers for pedestrians or bicyclists? Source #s: Strategies 2.1.8 (V-25) & 3.1.6 (V-26) X f. Conflicts with adopted policies supporting transportation (e.g. bus turnouts, bicycle racks)? Source #s: Strategies 1.2.3 (V-24), 2.1.8 & 2.2.1 (V-25), 3.1.6 (V-26), & 3.2.1 (V-27) X g. Rail, waterborne or air traffic impacts? Source #s: Strategies 2.1.4 & 2.1.9 (V-25) X a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Source #s: Strategies 1.2.1, 1.2.2, 1.2.3, & 1.2.5 (III-11 & 12) X b. Locally designated species (e.g. heritage trees)? Source #s: Strategies 1.1.11, 1.1.12, & 1.2.5 (III-11 & 12) X c. Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? Source #s: Strategies 1.1.11, 1.1,12, & 1.2.5 (III - II & 12) X d. Wetland habitat (e.g. marsh, riparian and vernal pool)? Source #s: Strategies 1.1.13 (III-11), 1.2.1, 1.2.2, 1.2.31 & 1.2.5 (III-11 & 12) X e. Wildlife dispersal or migration corridors? Source #s: Strategies 1.1.13 (III4 1), 1.2.1, 1.2.27 1.2.3, & 1.2.5 (III-11 & 12) X 11 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated a. Conflict with adopted energy conservation plans? Source #s: Strategies 2.2.1 thru 2.2.10 (III- 15), 2.3.1 & 2.3.2, & 2.4.1 thru 2.4.4 (III-16 & 17) b. Use non-renewable resources in a wasteful and inefficient manner? Source #s: Strategies 2.2.1 thru 2.2.10 (III- 15), 2.3.1 & 2.3.2, & 2.4.1 thru 2.4.4 (III-16 & 17) c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Source #s: Strategy — None. Issue Analysis Number 8 (Mineral Resources) states as follows: "There are no significant, concentrated mineral resources in Diamond Bar, with the possible exceptions of oil and hydrocarbons." (III-9) a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Source #s: Strategies 2.1.2 (I49), 2.5.2 & 2.5.10 (III-17 & 18), 1.8.1 & 1.8.2 (IV-12)5 & 2.3.3 (VI-7) Less Than Sficant No Impact Impact X X X 12 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation Impact Incorporated b. Possible interference with an emergency response plan or emergency evacuation plan? Source ##s: Strategies 1.6.1 thru 1.8.2 (IV-11 & 12) c. The creation of any health hazard or potential health hazard? Source #fs: Strategies 1.8.1 & 1.8.2 (IV-12) & 2.3.3 (VI-7) d. Exposure of people to existing sources of potential health hazards? Source tts: Strategies 1.8.1 & 1.8.2 (IV-12) & 2.3.3 (VI-7) e. Increased fire hazard in areas with flammable brush, grass, or trees? Source ##s: 'Strategies 1.4.1 & 3.3.5 (I-14 & 21)5 1.1,7 (III-10)9 & 1.3.1 thru 1.4.2 (IV-10) a. Increases in existing noise levels? Source #s: Strategies 1.10.1 thru 1.IV. 12 (IV-13 & 14) b. Exposure of people to severe noise levels? Source #/s: Strategies 1.10.1 thru 1.10.12 (IV-13 & 14) a. Fire Protection? Source ##s: Strategies 1.3.1 thru 1.4.2 (IV- 10) b. Police Protection? Source Ns: Strategies L5.1 & 1.5.2 (IV-11} Less Than Sficant No Impact Impact It X X E3 13 Environmental Issues - continued Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a Schools? Source #s: Strategies 1.3.1 thru 1.3.4 (VI-5) g d. Maintenance of public facilities, including roads? Source #s: Strategies 2.3.1 & 2.3.2 (I-19), 1,1.5 & 1.1.6 (V-23), 3.1.4 (V-26), & 2.2.1 (VI-7) X e. Other governmental services? Source #s: Strategies 2.3.1 (I-19), 1.1.1 (VI- 4)5 1.2.1, 1.2.2, 1.3.35 1.4.1, & 1.4.3 (VI- 5), & 2.2,1 thru 2.3.3 (VI-7) x a. Power or natural gas? Source #s: Strategies 1.1.1 thru 1.1.5 (VI-4), 1.2.1 (VI-5), & 2.2.1 (VI-7) X b. Communication systems? Source #s: Strategies 1.1.1 thru 1.1.5 (VI-4), 1.2.1 (VI-5), & 2.2.1 (VI-7) X c. Local or regional water treatment or distribution facilities? Source #s: Strategies 1.1.1 thru 1.1.5 (VI-4), 1.2.1 (VI-5)7 & 2.2.1 (VI-7) X d. Sewer or septic tanks? Source #s: Strategies 1.1.1 thru 1.1.6 (VIA), 1.2.1 (VI-5), & 2.2.1 (VI-7) X e. Storm water drainage? Source #s: Strategies 1.2.2 (IV-10), 1.1.1 thru 1.1.5 (VI-4), 1.2.1 (VI-5), & 2.2.1 (VI- 7) X f. Solid waste disposal? Source #s: Strategies 2.5.1 thru 2.5.10 (III- 17), 1.1.1 thry 1.1.5 (VI-4)9 1.2.1 (VI-5)5 & 2.2.1 (VI-7) X 14 Environmental Issues - continued g. Local or regional water supplies? Source #s: Strategies 1.1.1 thru 1.1.5 (VI-4)9 1.2.1 (VI-5), & 2.2.1 (VI-7) a. Affect a scenic vista or scenic highway? Source #s: Strategies 1.1.6 (I-12), 1.2.3 (I- 13), 2.6.2 (III-18), & 1,1.9 (V-24) b. Have a demonstrable negative aesthetic effect? Source #s: Strategies 1.2.3 (I-13), 3.1.2 (I- 20), & 1,1,9 (V-24) c. Create light or glare? Source #s: Strategies 3.2.3 (I-20), 1.2.2 (III- 11)1 & 2.2.2 (III-15) a. Disturb paleontological resources? Source #s: Note 1. b. Disturb archaeological resources? Source #s: Note 1. c. Affect historical resources? Source #s: Note 1. d. Have the potential to cause a physical change which would affect unique ethnic cultural values? Source #s: Note 1. e. Restrict existing religious or sacred uses within the potential impact area? Source #s: Note 1. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X X X G� X X 15 Environmental Issues - continued Potentially Significant Potentially Unless Significant Mitigation 'Impact Incorporated Less Than Sficant No Impact Impact Note 1 This category, entitled "14. Cultural Resources," as well as its five individual categories (a. thru e.) are not specifically addressed in the 1995 General Plan. Therefore, Strategies 1.5.6 (I-16), 1.6A & 2:1.1 (I-18), 3.3A (I-21), & 1.1.6 (III-10) serve to provide a general framework with which to ensure that new or modified development proposals, or the installation/extension of public or private services, would not endanger, or have an adverse impact on, any of the resources identified above. a. Increase the demand for neighborhood or regional parks or other recreational facilities? Source ##s: Strategies 3.2.1 (I-20) & 1.3.1 thru 1.3.8 (III-12 & 13) X b. Affect existing recreational opportunities? Source ##s: Strategies 3.2.1 (I-20) & 1.3.1 thru 1.3.8 (III-12 & 13) X a. Does the project have the potential to degrade the .quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? X 16 Environmental Issues - continued Potentially Significant Potentially - Unless Significant Mitigation Impact Incorporated c. Does the project have impacts that are individually limited, but cumulatively . considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or 17. EARLIER ANALYSES Less Than Sficant No Impact Impact ii X Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available. For review. b) Impacts adequately addressed. Identify which effects from the above checklist were within , the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. Ir c) Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 17 PART 5 - DISCUSSION OF ENVIRONMENTAL IMPACTS Discussions within each section may be grouped. No discussion is required since there are no apparent adverse impacts that would result from the implementation of the proposed project (Development Code) as evidenced by the answers to the questions specified in Part 4 (Evaluation of Environmental Impacts) beginning on page 6 of this Environmental Checklist, above. 1. LAND USE AND PLANNING a. b, c, d. e. 2. POPULATION AND HOUSING a. b. c. 3. GEOLOGICAL PROBLEMS a, b. c, a. e. f. g• h. i. 4. WATER a, b. a d, e: f g• h. i. 5. AIR QUALITY a. b, cl d. m 6. TRANSPORTATION/CIRCULATION a. b. C. d, e f. B• 7. BIOLOGICAL a. b. C. d. e. 8. ENERGY a. b. C. 9. I3AZARDS a. b, a d. e. 10. NOISE a. b. 11. PUBLIC SERVICES a. b. C. d. e. 12. UTILITIES AND SERVICE SYSTEMS a. b. C. d, e. f. B• 13. AESTHETICS a. b. c. 14. CULTURAL RESOURCES a. b, c* d. e. 15. RECREATION a. b. 16. MANDATORY FINDINGS OF SIGNIFICANCE a, b. c. d. PART6-SOURCES 1. General Plan, City of Diamond Bar; Cotton/Beland Associates, Inc. and Charles Abott Associates; July 25, 1995, 2. Draft Development Code, Ciry of Diamond Bar; Urban Design Studio, Jacobson & Wack, and Crawford Multari and Clark Associates; November 1997. CITY OF DIAMOND BAR Negative Declaration 97- 3 for City of Diamond Bar Comprehensive Development Code This form is comprised of three sections:: Section 1 Project Description and Location Section 2 Environmental Findings Section 3 Initial Study (Environmental Information and Checklist) June 25, 1997 21 RESOLUTION NO. 97-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPT A RESOLUTION ESTABLISHING CITYWIDE DESIGN GUIDELINES AS PART OF THE CITY'S DEVELOPMENT CODE. A. RECITALS. 1. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications within the City of Diamond Bar. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. This vision includes the promotion of land uses which exhibit a high level of aesthetic and functional quality which complements and adds to the physical and social character of the City. 3. The City of Diamond Bar has determined .that the existing zoning and development standards contained within the County of Los Angeles Planning and Zoning Code (Title 22 of the Municipal Code) fails to provide the adequate guideance needed to achieve the quality of development envisioned by the General Plan. 4. The Planning Commission of the City of Diamond Bar. on September 9, 1997 conducted a duly noticed public hearing with regard to the Diamond Bar Draft Citywide Design Guidelines. 5. The Planning Commission has reviewed the Draft Diamond Bar Citywide Design Guidelines and after due consideration of public testimony, staff analysis and the Commission's deliberations has determined that the Draft Citywide Design Guidelines attached hereto as Exhibit "A" 1 and incorporated by reference into this Resolution satisfy and exemplify the aesthetic goals and needs of the community. The Planning Commission has duly considered the issues related to Draft Citywide Design Guidelines so as to provide maximum benefit to the City. 6. All legal prerequisites resolution have occurred. to the adoption of this NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby recommends that the City Council adopt the draft Citywide Design Guidelines for the City of Diamond Bar attached hereto as Exhibit "A." 3. The Planning Commission hereby determines that there is no substantial evidence that the draft Design Guidelines as a part of the Development Code will have a significant effect on the environment and .therefore a Negative Declaration (ND 97-3) has been prepared, pursuant to the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15070 of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 4. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this Planning Commission that the Citywide Design Guidelines proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 5. The Planning Commission finds and determines that the Citywide Design Guidelines are consistent with and implements the specific goals, objectives and strategies of the City of Diamond Bar General Plan, addressing the aesthetic quality of development within the City. 2 The Secretary of the Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Transmit a certified copy of this resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, 1997, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolutioh was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23RD day of September 1997, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary TO: Chairman and Planning Commissioners ' FROM: Ann J. Lungu, Associate Planner((//rV SUBJECT: Continued public hearing for Vesting Tentative Tract Map No. 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1 and Oak Tree Permit No. 96-1 The referenced project was presented to the Planning Commission on July 22, 1997. At that time, the public hearing was opened. Comments were received on the Draft Environmental Impact Report No. 97-1 (SCH 96-071104) and the project entitlement. The public hearing was continued to August 12, 1997 to allow staff, City consultants and applicant the opportunity to address the Commissioners' concerns regarding the United States Department of the Interior Fish and Wildlife Service and the Department of Parks and Recreation. On August 26, 1997, the public hearing was again continued to September 23, 1997, thereby allowing additional time to meet with the two previously mentioned agencies. Additional time is needed to arrange this meeting. RECOMMENDATION: Staff recommends that the Planning Commission continue the public hearing for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR.No. 97-1 (SCH 96-0711104) to October 14, I997. Attachments: 1. Correspondence from the applicant, dated September 17, 1997 requesting a continuance to October 14, 1997. SEP. 17 97 (WED) 14:49 JCC-HONES 1 5400257 PACE-2/2 LLC Windmill, Inc. 3480 Torrance Blvd., Ste. 300 Torrance, CA 90503 SeJ,+tVIP ber 171 1497 City of Diamond Bar Mr.. James DeStefarto, Community Development Director 21660 East Copley Drive, Ste. 190 Diamond Bar, CA 91765 RE. VTM 50314 - Planning Commission hearings Dear Mr. DeStefanc, telep)ropie (310) 540-3990 facsimile (310) 31641.33 You will recall that at the 8/12/97 Diamond Bar .Planning Commission hearing, consideration of the above referenced tract map (and its Environmental Impact Report) was continued to the meeting of 8/26/97. This continuance was primarily in order that we and the City's environmental consultant, Michael Brandman & Associates, might by to meet with the representatives of State Parks & Recreation and perhaps U.S. fish & Wildlife) in order to discuses their concerns regarding the development. We now have everyone back from their various vaci�tion trips, anal the City's consultant, Michael Brandman & Associates has requested that the State and/or federal agency meet with them and us either. Monday 9/22 or Wednesday, 9/24. Therefore, we respectfully request that this matter be continued to the Planning Commission agenda of October 14, 1997, Sincerely, Kurt e son-~` Windmill Development Company cc Ann Lungu f i r DOMENITTS IMP! C-PRI NO522677 ply MS2306 rnber'_97031-0 5 -' nd Bar - -. ve; .Suite `f 90 - q 917654177 _ Delauty. Citjl ilAa� 40 - ,, ofDiamond Bar by _ Suite 201^ Jiforr%a 92f60 _ 952A Jr.; AICP, Principal - VTTM Nos. 52267 and 52308 TABLE OF CONTENTS Page Section q INTRODUCTION .................. . A_1 B CLARIFICATIONS AND REVISIONS TO THE DRAFT EIR ........ 13-1 C LIST OF RESPONDENTS ................................. CA C.1 State AgenciesCA C.2 Special Districts .............................. • • •.... CA CAC.3 Private Organizations/Individuals ..................... . D RESPONSES TO PUBLIC TESTIMONY ..................... . D-1 D.1 State Agencies ..................................... D-1 DJ D.2 Special Districts ............................. • • D-8 D.3 Private Organizations/Individuals .............. Appendices q Comment Letters � Table of Contents VTTM Nos. 52267 and 52308 SECTION A INTRODUCTION The purpose of this document is to present public comments, and responses to comments received on the draft Environmental Impact Report (EIR) for the proposed Vesting Tentative Tract Maps 52267 and 52308 (VTTM Nos. 52267 and 52308) project (State Clearinghouse Number 97031105) located in the City of Diamond Bar in Los Angeles County, California. The draft EIR was released for public review and comment by the City of Diamond Bar on July 109 1997; the 4&day public review and comment period ended on August 25, 1997. As required by the California Environmental Quality Act (CEQA), the final EIR responds to comments regarding "significant environmental points raised in the review and consultation process" (State CEQA Guidelines Sections 15132(d)). This response to comments document is a part of the final EIR which includes the draft EIR and the technical appendices thereto. These documents, along with the resolutions adopting the EIR Findings of Fact, Statement of reports, and Overriding Considerations, and certifying the EIR, related City of Diamond Bar staff other information contained in the environmental record, constitutes the final EIR for the VTTM Nos. 52267 and 52308 project. identified in the Comments submitted on the draft EIR included questions about conclusions draft EIR; findings and methodology for preparation of technical analyses; position statements for/against the project; and comments about community issues and issues of a broader regional context. The final EIR provides responses to comments on significant environmental points describing the disposition of issues, explanations of the EIR analysis, supporting EIR conclusions, and new information or clarifications, as appropriate. The final EIR does not respond to the comments on the merits of the project nor does it attempt to solve regional issues requiring full countywide input and consideration. The response to comments document is divided into the following sections: Section B provides clarifications and revisions; Section C provides a list of respondents on the draft EIR; Section D contains responses to environmental comments received on the draft EIR. A-1 Introduction VTTM Nos. 52267 and 52308 Rasoonses to Comments SECTION B CLARIFICATIONS AND REVISIONS TO THE DRAFT ENVIRONMENTAL IMPACT REPORT The following clarifications and revisions do not alter the conclusions of the draft EIR or result in any new significant environmental impacts that were analyzed in the draft EIR. Additions to the language of the EIR are highlighted; text which has been deleted is noted by a "strikeout' through the affected language. SECTION 3.13 EARTH RESOURCES Mitigation Measure 3 on page 3.1-5 of Section 3.1 of the draft EIR is hereby revised and incorporated into the Final EIR as follows: 3. Prior to the issuance of grading permits, the applicant shall submit to the beputy City Manager for review and approval, a report that demonstrates that cut and fill slopes have been designed in accordance with recommendations of a certified geotechnical engineer. SECTION 3.3 BIOLOGICAL RESOURCES Paragraph three on page 3.3-8, Section 3.3 of the draft EIR is hereby revised and incorporated into the Final EIR as follows: 1. The soiathem`entl;of the Tonner Canyon/Chino Hills area within the City of Diamond Bar Sphere of Influence is part of the Significant Ecological Area (SEA) No. 15. The Tonner Canyon/Chino Hills SEA was established by the County of Los Angles to reserve some of the remaining undisturbed stands of oak woodlands, walnut woodlands, coastal sage scrub, chaparral, and riparian woodlands in eastern Los Angeles County, An SEA Teehnier n - - e - ; �l+Ihile VTTM No. 52267 does not impact the Tonner Canyon/Chino Hills SEA, it does preserve target habitats which are also being conserved within the SEA. The fourth paragraph on page 3.3-12, Section 3.3 of the draft EIR is hereby revised and incorporated into the Final EIR as follows: Clarifications and Revisions 8_� To The Draft EIR VTTM Nos. 52267 and 52308 Responses to Comments VTTM No. 522672i18 is part of the watershed of Tonner Canyon. Tonner Canyon is an important regional wildlife corridor located offsite to the east of the VTTM No, 52308' N6. However, the project site itself does not function as a wildlife corridor nor is it integrated into the Tonner Canyon valley floor. The site does lovievved not contribute to the significance of the wildlife resources in the Tonner Canyon/Chino Hills SEA. SECTION 3A LAND USE AND RELATED PLANNING PROGRAMS During reproduction of the draft EIR, two pages of Section 3.4, pages 3.4-29 and 3.4-30, were omitted from some copies of the draft EIR. The text for these two pages is as follows: City of Diamond Bar Tree Preservation and Protection Ordinance Project implementation will require a tree permit from the City for the VTTM Nos, 52267 and 52308 sites. Please refer to Section 3.3, Biological Resources, of this EIR which describes the mitigation program related to impacted trees. Regional Planning Programs South Coast Air Quality Management District Please refer to Section 3.7, Air Quality, of this EIR for a discussion of the South Coast Air Quality Management District, the district's plan, and the proposed projects' effects on the plan. State Planning Programs California Department of Fish and Game: Section 160111603 Agreements Development of the VTTM Nos. 52267 and 52308 sites will occur in or near areas that may be under the jurisdiction of the California Department of Fish and Game (CDFG). The CDFG is responsible for the management of wildlife habitat, pursuant to sections 1601 and 1603 of the Fish and Game Code. An agreement for the alteration of streams and wetlands, and other areas having significant wildlife value, may be required by the CDFG. Section 3.3, Biological Resources, of this EIR provides further discussion of project impacts and recommended mitigation measures. Clarifications and Revisions B_2 To The Draft EIR VTTM Nos. 52267 and 52308 Qp.cnnnses to Comments Federal Planning Programs U.S. Army Corps of Engineers Development of the sites will occur in or near areas that may be under the jurisdiction of the U.S. Army Corps of Engineers (USAGE). Section sion of p tential gical effectts Resources, 'EIRes redeby'thesthese Section permit process. CUMULATIVE IMPACTS The development of the project will result in environmental impacts to the natural and urban systems in the area that affect land use and land use compatibility. These impacts will occur on a project -specific basis, and in some cases the project will incrementally contribute to cumulative effects as well. These impacts, although related to land use, are addressed in individual sections of this EIR. Please refer to Sections 3.1 through 3.3 and Sections 3.5 through 3.9. Growth within the City of Diamond Bar, adjacent cities, and within unincorporated Los Angeles County has been considered in regional plans and jurisdictional general plans. Development of the Planning Area 2 Sub -Area A has been considered in the City of Diamond Bar General Plan. Sub -Area B was not contemplated for development. Development of the 130 units would not cumulatively add to the growth anticipated in the General Plan, but would implement growth anticipated therein. However, implementation of the 60 units on Sub -Area B could result in the desire for the conversion of open space to developed land uses elsewhere on the City, and could therefore be growth -inducing. MITIGATION MEASURES Measures to mitigate potential effects of the projects are presented in Sections 3.1 through 3.3 and Sections 3.5 through 3.9 of this EIR. Should the project be approved, the development will be subject to all applicable regulations of the City's General Plan, zoning ordinance, and all requirements and enactments of federal, state, county, the City authorities, and any other governmental entities, and all such requirements and enactments will, by reference, become conditions of project implementation. LEVEL OF SIGNIFICANCE AFTER MITIGATION Implementation of the project will be inconsistent with some goals, objectives, and strategies of the City's General Plan. This is considered a significant and unavoidable adverse impact. Clarifications and Revisions B 3 To The Draft EIR VTTM Nos. 52267 and 52308 Res ones to Comments SECTION C LIST OF RESPONDENTS Copies of all comment letters received as of August 25, 1997 are contained in Appendix A of this document. Comments have been numbered, and responses have been developed with corresponding numbers. The following parties commented on the draft EIR for the proposed project. Date of Letter Correspondence Number Respondent PUBLIC AGENCIES CA STATE AGENCIES 1 Governor's Office of Planning and Research August 28, 1997 2 Department of Transportation July 31, 1997August 25, 1997 3 Department of Parks and Recreation C,2 SPECIAL DISTRICTS 4 Walnut Valley Water District July 29, 1997, 1997 5 County Sanitation Districts of Los Angeles County Jul August 31, 1997 6 Southern California Association of Governments August 23, 1997 7 Pomona Unified School District C.3 PRIVATE ORGANIZATIONSIINDIVIDUALS g The Gas Company July 21, 1997 C-1 List of Respondents V7l M Nos. 52267 and 52306 RP.ennnsas to Comments SECTION D RESPONSES TO WRITTEN COMMENTS This section includes responses to all significant environmental issues raised in comments received on the draft EIR. When comments did not address the completeness or adequacy of the environmental documentation, or did not raise significant environmental points, the receipt of the comment is noted; no further substantive response is given. Stating that the comment is noted indicates that such comments will be forwarded to the appropriate decision makers for their review and consideration. D.1 STATE AGENCIES Planning and Research Letter 1 A tero A rRivasplata ffice fChief, State Clearinghouse August 28, 1997 1. The comment is noted. Letter 2 Department of Transportation Stephen J. Buswell, Program Manager July 31, 1997 1. The traffic analysis was conducted using fr,the preparation of a TrafficLos Angeles Coty gImpact estion Management Program (CMP) guidelines for Analysis. The guidelines indicate that the study area should include mainline freeway monitoring locations where the project will add 150 or more trips in either direction during the a.m. or p.m, peak hour. Based on the City of Diamond Bar- re will not be or more peak hour ect trips any freeway links. The Therefore, 0prot approved trip no freeway analysis was required or nducted. on 2. The City of Diamond Bar's traffic impact guidelines are prepared to assist the City in complying with the requirements of the CMP. The traffic impact analysis' scope of work for the VTTM Nos. 52267 and 52308 EIR, including CMP and City guidelines, was discussed and agreed upon with the City prior to preparation of the traffic impact analysis. The comment is noted and included in the final record of the project for review and consideration by City decision makers. lculations and report requirement 3 The comment is noted, The addressed by the City of Diamond cBar'tasaill be outlined inChap err 10 of the CMP. Letter 3 Department of Parks and Recreation, Los Lagos District Bill Berry, District Superintendent August 21, 1997 1. The plant and wildlife species currently occurring within the VTTM No. 52267 site are disjunct from Tonner Canyon due to existing development along Leyland Drive, Pantera Drive, and other smaller arterials in the area. Because of development in D-1 Responses to Written Comments V77M Nos. 52267 and 52308 these areas, the VTTM No. 52267 site does not function as a wildlife corridor. Dispersal is limited to habitats onsite and in the immediately adjacent areas, with the exception of periodic dispersal by more mobile species (primarily birds). With respect to the VTTM No. 52308 site, this site is adjacent to Tonner Canyon; however, because of the location of the site (located at the top of a slope) and the predominance of non-native habitats on the site, its value to the Tonner Canyon watershed in limited. Is has been acknowledged in both the draft EIR and supporting technical reports that both the VTTM Nos. 52267 and 52308 sites support sensitive plant communities that are of special regional importance. With respect to the potential of the two sites to provide habitat for the cactus wren, it should be noted that the area to be preserved with the VTTM Nos. 52267 and 52308 sites include approximately 114.76 acres of Venturan-Diegan transitional coastal sage scrub. This community provides suitable habitat for the cactus wren and it should be noted that the seven pairs of cactus wrens occur within the natural open space areas of the site and would not be impacted by the proposed project. The development of the VTTM Nos. 52308 development area north of these cactus wren pairs would not prevent their dispersal, if in fact juvenile wrens attempted to establish territories in Tonner Canyon. 2, The comment is noted and included in the final record for review and consideration by City decision makers. 3. Should the City of Diamond Bar choose to amend its General Plan to permit residential development on the VTTM No. 52308 site, the City decision makers will need to make findings that address the conversion of permanent open space to an urban land use is supported by "significant benefit to the City (General Plan Land Use Element Strategy 1.5.3)." As addressed on pages 24 and 2-8 of the draft EIR, the project applicant has proposed to assist the City of Diamond Bar in the development of a community/civic center on a seven -acre site adjacent to Summitridge Park on City -owned property. The City's decision makers have the option of requiring a different significant benefit (to allow or the request rsioadditfon n of pen space to residential uses) or denying the applicant's development within Planning Area 2 on the VTTM No. 52308 site. It should be further noted that the draft EIR identifies the conversion of this site from open space to residential land uses as potentially growth -inducing. Please refer to pages 4-2 and 4-3 of the draft EIR. As mentioned above in the response to comment 1, the City concurs with the commentor that the VTTM Nos. 52267 and 52308 sites support sensitive plant communities that are of special regional importance. Impacts to these communities (including coastal sage scrub and oak woodland) are considered significant. However, mitigation measures have been developed to avoid, minimize, and compensate for impacts to a level that is less than significant as required by CEQA. 4, The comment is noted and included in the final record for review and consideration by City decision makers. 5. Please refer to the response to comment 1, above. D_2 Responses to Written Comments VTTM Nos. 52267 and 52308 6, It is acknowledged that development of the VTTM No. 52308 site would incrementally increase fragmentation that already exists by the current development in the area. As stated in both the draft EIR and the supporting technical reports, this site does not contribute to the significance of the wildlife resources in the Tonner Canyon area due to the limited acreage of native vegetation communities onsite. The comment is noted and included in the final record for review and consideration by City decision makers. 71 The draft EIR notes that the reservoirs are not required to serve the project. However, to accommodate 130 dwelling units on the VTTM No. 52267 site (the number of units permitted by the City of Diamond Bar General Plan), the project applicant has requested that one of the two reservoir sites be relocated. The draft EIR acknowledges that this relocation could have environmental effects that would need to be addressed in separate environmental documentation under the direction of the Walnut Valley Water District. It should be noted that 273.9 acres of the 339.3- acre site would be retained in natural open space. It is expected that any potential biological impacts associated with the future development of a reservoir outside of the proposed development area for VTTM No. 52267 could be mitigated on the selected site. The comments are noted and included in the final record of the project for review and consideration by City decision makers. g. Page 3.4-26 of the draft EIR states: "...the proposed project is generally consistent with some of the goals, objectives, and strategies of the Land Use Element as it clusters the residences; is of the same general density as surrounding developments; limits grading to the degree feasible to address geotechnical issues; and incorporates a mitigation program to revegetate graded areas consistent with natural materials on the project site. However, the City's decision makers will need to determine if the project applicant's proposal to assist the City in the implementation of a community/civic center on a parcel adjacent to Summitridge Park is of sufficient 'significant benefit' to the City to support a general plan amendment to permit residential development on the VTTM No. 52308 site. Should the City determine that assistance by the applicant to the City for the community/civic center site, as well as the retention of the majority of Planning Area 2 in permanent open space is of "significant benefit' to the City, the general plan amendment can be approved and the project would be consistent with the amended Land Use Element of the City of Diamond Bar General Plan." The comments are noted and included in the final record of the project for review and consideration by City decision makers. g, The VTTM No. 52267 site is not within the watershed of Tonner Canyon because it is located west of Tonner Canyon and separated by urban development. The VTTM No. 52308 does not contribute to the significance of the wildlife resources in the Tonner Canyon area due to the limited acreage of native vegetation communities onite. The that the open space areas a win the VTTM No, te dos provide aCbuffer ity rarea between development to the 0 west and Tonner Canyon D-3 Responses to Written Comments VTTM Nos. 52267 and 52308 aacnnnses to Comments the east; however, it is anticipated that the development and implementation of the Biological Resource Management Program will provide the necessary protective measures at the urban/natural interface. 10. The commentor has misinterpreted the draft EIR. On page 3.24 (Table 3.2-13) of the draft EIR, it is noted that after development, the rate of stormwater runoff from the site would decrease by 2A percent, from 206 cubic feet per second (cfs) to 201 cfs. As stated in the draft EIR, this small change would not significantly impact biological resources offsite or in Tonner Canyon. The draft EIR also notes that the quality of stormwater runoff from the development site would be reduced in comparison to the existing natural conditions. The use of "urban depollutant basins" is recommended as mitigation for this reduction in runoff quality and, when implemented, would reduce potential impacts to less than significant levels. It is unclear what "listed species" the commentor is referring to. If water quality standards are met, no significant impacts are expected. Regarding the comment on cumulative impacts, the City is not aware of any "stream environments" downstream from the VTTM No. 52308 site and does not believe there will be any cumulative runoff impacts. 11. The use of the Nature Conservancy Heritage Program Status Rank is not considered questionable, but rather a standard within the biological community that which the rarity of both species and plant communities are assessed. It should be noted that the Heritage Program is a component of the California Natural Diversity Data Base made available to biologists by the California Department of Fish and Game. As the Department of Fish and Game is the State agency responsible for the protection and management of California's plant and wildlife resources and has deemed it appropriate to include the Heritage Program within its program, their action adds more reason to use this "ranking tool" for biologists to make findings in CEQA documents according to the best available, published scientific data. 12, The biological assessment in the draft EIR documents that development of the VTTM Nos. 52267 and 52308 sites would result in adverse impacts to wildlife species (including the Pacific slender salamander). The determination of the level of significance of an impact to biological resources was made using the best available, published scientific data. All sensitive species lists prepared by federal, state, and local conservation organizations were consulted in the development of the sensitive species addressed in the draft EIR. Until a species has been elevated to local or regional concern by these agencies, prudent and reasonable assessment to the loss of habitat for general wildlife species is used in the assessment of impacts to wildlife species. 13. Wildlife corridors are defined as a piece of habitat, usually linear in nature, that connect two or more habitat patches that would otherwise be fragmented or isolated from one another. According to this widely accepted definition, because the VTTM No. 52267 is entirely surrounded by development, it does not function as an important regional wildlife movement corridor. However, it is acknowledged that there is local movement within this site by local wildlife residents. With regard to the D-4 Responses to Written Comments VT -M Nos. 52267 and 52308 VTTM No. 52308 site, this site is located adjacent to Tonner Canyon but does not function as a wildlife corridor. 14. The comment is noted. 15. Appendix G of the State CEQA Guidelines state that significant impacts on biological resources include those impacts that would substantially affect a rare or endangered species. The loss of a pair of cactus wrens would not be considered significant because it would not "substantially affect' this species. 16. Biological Resources Mitigation Measure 14 identified in Section 3.3 of the draft EIR provides a detailed process by which impacts to nesting raptor species can be minimized to a level that is below significant according to the CEQA Guidelines. It should also be noted that the avoidance and protective actions of Mitigation Measure 14 are in compliance with Section 3503.5 of the California Fish and Game Code. 17, The term "extirpation" within the Cumulative Impacts section should not be confused with the term "extinction:' The proposed project would result in the local extirpation or removal of the wildlife resources; however, the project would not result in the extinction of any species within the project site on a local or regional level. e comment is 18 included inr rthe final reco d of the project to the response to comment 16 above, hnoted for review and c ns derat on by City decision makers. 19, Please refer to the previous responses to comments 3 and 8 above. The comment is noted and is included in the final record of the project for review and consideration by City decision makers. 20, The draft EIR did not evaluate potential impacts to views from the Chino Hills State Park because the site is not visible from the park. Potential visual impacts to hikers in Tonner Canyon/Tres Hermanos was not considered since these areas are not currently developed and are restricted from general public access. 21. The traffic impact analysis determined that the project would not result in any significant traffic impacts, on a project -specific or cumulative basis, that could not be mitigated to a level that is considered less than significant. The only recommended mitigation measure is the provision of a traffic signal at the intersection of Tin Drive at Diamond Bar Boulevard associated with the VTTM No. 52267 project. Please refer to Section 3.6, Transportation and Circulation, of the draft EIR. 22. Please refer to the previous response to comment 3, above. The comment is noted and included in the final record of the project for review and consideration by City decision makers. 23, The comment is noted and included in the final record of the project for review and consideration by City decision makers. 24, The comment is noted and included in the final record of the project for review and consideration by City decision makers. D-5 Responses to Written Comments VTTM Nos. 52267 and 52308 25, As noted in the response to comment 8, above, the City of Diamond Bar may chose to amend its General Plan to allow for the conversion of the VTTM No. 52308 site from open space to residential land uses should the City decision makers find that the applicant is providing a "significant benefit' to the City. The comment is noted and included in the final record of the project for review and consideration by City decision makers. D-6 Responses to Writfen Comments VTTM Nos. 52267 and 52308 D.2 SPECIAL DISTRICTS Letter 4 Walnut Valley Water District Bryan Lewis, Director of Planning & Projects May 9, 1997 1, The draft EIR notes that the reservoirs are not required to serve the project. However, to accommodate 130 dwelling units on the VTTM No. 52267 site (the number of units permitted by the City of Diamond Bar General Plan), the project applicant has requested that one of the two reservoir sites be relocated. The draft EIR acknowledges that this relocation could have environmental effects and would need to be addressed in separate environmental documentation under the direction of the Walnut Valley Water District. It should be noted, that 273.9 acres of the 339.3-acre site would be retained in natural open space. It is expected that any potential biological impacts associated with the future development of a reservoir outside of the proposed development area for VTTM No. 52267 could be mitigated on the selected site. Letter 5 County Sanitation Districts of Los Angeles County Marie L. Pagenkopp, Engineering Technician July 31, 1997 1, The comments are noted and included in the final record for review and consideration by City decision makers. Letter 6 Southern California Association of Governments J. David Stein, Manager, Performance Assessment and Implementation August 6, 1997 1. The comment is noted. Letter 7 Pomona Unified School District A. J. Wilson August 23, 1997 1. The developer is required to pay state -mandated school fees as a contribution to the school facilities needed to support the students generated by the proposed projects. Any additional fees needed by the school district to fund the construction of the new Pantera school will be determined through discussions between the applicant and the school district. 2, Circulation plans for the VTTM Nos. 52267 and 52308 project sites are included in the draft EIR. Consultation/development of circulation plans to provide access to public schools can occur by contacting the City of Diamond Bar during regular business hours. D_7 Responses to Written Comments VTTM Nos. 52267 and 52308 Responses to Comments 13 PRIVATE ORGANIZATIONSONDIVIDUALS Letter 8 The Gas Company Santo Plescia, Planning Aide July 21, 1997 1, The comments are noted and included in the final record of the project for review and consideration by City decision makers. p_g Responses to Written Comments Appendix A PETE WILSON, Goven ATE OF CALIFORNIA " iovernor's office of Planning and Research " ~ 100 Tenth Street iacramento,'CA 95814 c� August 28, 1997 DAMES DESTEFANO THE CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPT. 21660 E. COPLEY DR., STE 190 DIAMOND BAR, CA 91765-4177 Subject: VESTING TENTATIVE TRACT MAPS NO ##: 97031005 Dear DAMES DESTEFANO: c� �"L•Y t ps,r W t.7 y C rn�-v ii > x 52267 AND 52308 EIR SCH The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review perioc 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, ` f ANTERO A. RIVASPLATA Chief, State Clearinghouse Jul-30-97 11:09A BonTcarra Consultiny Inc_ %14 47e+-95'L1 p.oz .�M. Appendix C (colttinited) �� z .�" Hatteo of t.ompteriu]] ]ld tnrlronnwnul ps.•.wre]4+ ��a'. ... ' poo]1]]>.nt Tioma+lttal Form SCN 7._s-'�'��`ll(%i� $� Yud re: Suw ODa+nttau.r.lA002ertisu.a Sw.nrrto, CA 95RIA-91(JA15-0DIS :,��.) /. /.ejem TR1. ), Cwaa � . z 1dAwwr _ ay cM • _ . . xawn �, ypclls(--�� . - x ce.nr -- — -- ..._ -- � �.: . Cy.ry .v Seub. .salt TwP. Rut. A Avnn'.tw1 Nw � . � . ' L. pa.Zueua SA farad.M1tasa Cnruiiy . 0. 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Fx H.vJ IS Se.r•OS++�^Y ]A W�bSgp7 ��'� 06 Pofb.Yt?Juy.—^--------- . --^--Total -' .. ^—^---- Sl.ui . ,>rulmnD t]awDFl r.a.nli ----------- ° ... ------ 7tYD Z0;0� zU _ .. ,—�.,�„�,n.,a.+o]ia., pepicicvma; darc4a�mCni='on+-vro rxn-�i�gti�Ku'J •�etg. Vi7M na. 6y2t+ d1'at! r>dvG 13u SFR. � V'f7M �ra ��-� �tCG� Y_rrr�� � .Tots /Lc'7,g�, °t1�3�64�-��1�1t�__ r ___-- rrfnar+iL1�{D !-ttC g11t ,In�P1+hI3 °Fj'+.�« _ �i4/92 �,,.. State Clearinghouse Contact. Mc Chris Belsky (916)445-061i State Review Began: • �p-�-_LL Dept. Review to Aeency 1 - �11y Agency Rev to SCH � - F� SCH COMPLIANCE tJ Please note SCH Numher on all Comments 9�o3/oos' Please torn'ard late comments directly to the Lead Agenq� AQMD'APCD 3�(Resources: �'�1 Project Sent to the following Stnte Agencies X Resources _Boating _Coaztal Comm _Coaztal Consv Colorado Rvr Bd � Conservation X Fish 8 Game R _Delta Protection Forestry X parks 8 Rec/OHP _ Reclamation _ BCDC DWR _ OES Bus Transp Hous _Aeronautics CHP X Caltrans R Trans Planning —� Housine 8 Derel Health & Welfare _ Drinkine H2O Medical Waste StatelConsumer Svcs _General Services Cal/EPA _ ARB _ CA Waste M�mt Bd SWRCB: Grants _SWRCB: Delta T SWRCB: Wtr Quality SWRCB: Wtr Rights X Reg. WQCB p DISC/CTC Yth/Adlt Corrections _ Corections Independent Cnmm Energy Camm _�NAHC _PliC _Santa h7n Alms X State Lands C'onun Tahoe Rgt Plmt Other: / J�(g(/(J�: PETE WILSON. Gowen r fSTATE OF CALIFORMA—SUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 7, 120 SO, SPRING ST. LOS ANGELES, CA 90012J606 Too (2131 697d610 July 3171997 JAMES DESTEFANO Deputy City Manager Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 Dear Mr. DeStefano: F;ECEIL'EJ Ci Y CIF 01At OHO BAfl PL?{G., BLDr.. EHIU 97 Aub —7 P 1 :33 Re: IGR/CEQA #970731/NP Draft Environmental Impact Report Vesting Tentative Tract Maps 52267/52308 City of Diamond Bar Vic, LA-060/057-23.70 Thank you for the opportunity to provide comments regarding the above -named tract maps. The proposed project is comprised of two noncontiguous properties located in the City of Diamond Bar. The VPI'M No. 52267 site is proposed for 130 single-family detached residential dwelling units on approximately 65 acres of the 339.3 acre -site. The VTTM No. 52308 site is proposed for 60 single-family detached residential dwelling units clustered on approximately 36.7 acres of the 86.3 acre -site. Based on the information received, our review indicates: 1) We need mainline Routes 57/60 analysis, and table showing existing, cumulative, and this project's traffic. Analysis to include westbound A.M. and eastbound P.M. mainline volumes on Route 60 at the Routes 60/57 interchange, and on Route 57 south of Route 60 southbound A.M. and northbound P.M. Also, please include Routes 60/57 at the Grand Avenue Interchange to . specify duration of peak period for this analysis. 2) With regard to CMP criteria for determining significant impact, the lead agency is advised that it may apply more stringent criteria if desired. 3) As you are aware, pursuant to MIA's Congestion Management Plan, this project will need to comply with MTA's debit/credit reporting requirements. If you have any questions regarding this response, please call the undersigned at (213) 897-4429 and refer to our IGR/CEQA #970731/NP. Sincerely, STEPIiEN J. BUDWELL Program Manager IGR/CEQA cc: Chris Belsky State Cleazinghouse ae.,;arrn le- 1UFORNIA- RESOURCES AGEPlc:Y MENT OF PARKS AND RECREATION Los Lagos District 17801 Lake Perris Drive Perris, California 92571 (909) 657-0676 - L� Ti; August 25, 1997 ; _,1 rrn o'Ts r� James DeStefano ' Deputy City Manager Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 RE: DEIR, Vesting Tentative Tract Map #'s 52267 & 52308 Dear Mr. DeStefano: The California Departrnent of Parks and Recreation (CDPR), Los Lagos District has reviewed the above referenced document; thank you for the opportunity to comment. Please include our comments in the administrative record and provide us with a written response to them. The CDPR is a trustee agency as defined by CEQA, and a defining tenant of our mission is to protect the state's extraordinary biodiversity. As the office of CDPR, responsible for the stewardship of the natural and cultural resources of Chino Hills State Park (CHSP), we have a concern about land use decisions in the geographic area around the park as they relate to our mission and to our responsibilities under CEQA. We believe the maintenance of an interconnected system of wildlands as vitally important to the ecosystems of CHSP and the larger Puente -Chino Hills. As part of our commitment to this regional conservation effort, we recently purchased over 900 acres, north of Carbon Canyon road, to maintain a habitat linkage between CHSP and Tonner Canyon. The wildland and open space areas of both VTTM 52267 and VTTM 52308 are very important contributors to the ecological health and function of Tonner Canyon. VTTM 52267, while primarily in the next watershed west of Toriner Canyon, and separated by a strip of development to the east, still provides a significant benefit. It buffers Tonner Canyon from more intensive urban development further to the north and west, and it helps maintain populations of both rare and common species of plants and animals in the Puente -Chino Hills. For example, juveniles from the seven pairs of cactus wrens, would disperse after fledging into areas such as Mr. James Deotefano DEIR, VTTM No:'s 52267 and 52308 Page Two Tonner Canyon. Having these pairs increases the likelihood that local population of cactus wrens in the Puente -Chino Hills will persist. VTTM 52308 is even more integral to the future health of Tonner Canyon because much of the property is in the Tonner watershed, and it directly buffers the lower canyon from nearby urban areas. Section 1—Executive Summary 1.2 Project Overview In general, VTTM No. 52267 appears to be a well thought out development with significant and appropriate on -site mitigation. We can support an alternative for residential development consistent with the General Plan. We do not support the development of 60 residential dwelling units as proposed for the VTTM No. 52308 site (see comments below). 1.3 Purpose and Scope of the EIR Areas of Controversy/Issues to Be Resolved Need for Project/Land Use Compatibility We oppose the conversion of public open space, identified for long-term preservation, to residential development as proposed for the VTTM No. 52308 site. There are many significant reasons why the proposed change in land use designation, and subsequent residential development would not be appropriate or sufficient to demonstrate a significant benefit to the City. This wildland area is too important from both a local and regional conservation perspectiv to allow for its partial development. The conversion of permanent dedicated open space to residential development would also set a dangerous, growth inducing, precedent. This is not a logical land use pattern consistent with the intent of California Government Code section 65302(a), and it stands in direct contradiction to many of the City of Diamond Bar's land use policies (see additional comments below). Biological Resources In general, we were very impressed with the level of environmental review and analysis that went into the document. We were particularly. impressed with the analysis of, and reporting for biological resources completed by the project proponents contractor, BonTerra consulting. It appeared to be a good faith effort and a thorough one. The detail of information provided 3 Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Three allowed us to assess the project to an extent that would not have been possible had the analysis been conducted by a less diligent consultant. As a result, it increased our confidence in the validity of the assessment, and of the proposed mitigation measures. While we do not agree with . 4 all of the consultant's conclusions, they are to be commended for doing a professional analysis. SECTION 2-PROJECT DESCRIPTION 2.3 PROJECT CHARACTERISTICS Residential Development and Open Space VTTM No. 52267 The extent and type (dedicated open space and clustering of lots) of the proposed on -site mitigation for the impacts to biological resources for the VTTM No. 52267 site appears to be both appropriate (consistent with the general plan), and responsible. It protects some of the most significant habitat values which, as stated above, will contribute to the overall preservation of the areas ecosystems and rare species populations. However, we are concerned with the increasing isolation of the remaining wildland at the VTTM No. 52267 site and recommend that the City work to maintain some kind of physical connection between it and Tonner Canyon. It appears that the maintenance of a connection iability. might be possible; it would greatly increase the potential of the areas long-term v VTTM No. 52308 We are opposed to the conversion of preserved open space, and subsequent residential development on site VTTM No. 52308. It would fragment existing open space and it would have significant on site impacts (destruction of cactus wren and other nests). Development would also cause unacceptable environmental impacts to Tonner Canyon, the Significant Ecological Area (S.E.A.), and the Puente -Chino Hills, a biological corridor/wildland area of regional and statewide significance. Other Land Uses: Water Reservoirs We support keeping all of the water reservoirs within the development footprint of the VTTM No. 52267 site. Locating one of the reservoirs outside of the development footprint, in dedicated open space would create additional impacts in an area already set aside to mitigate for ID Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Five 2.6 DISCRETIONARY ACTIONS We do not support a General Plan Amendment allowing for additional residential development in excess of 130 dwelling units with Planning Area 2 — specifically on site VTTM No. 52308. See comments above. 3.2 WATER RESOURCES IMPACTS Significance Criteria — VTTM No. 52308 We do not agree with the conclusion the runoff from the eastern area of VTTM No. 52308 into Tonner Canyon would not significantly impact biological resources. Changing the amount and composition of the runoff could have significant impacts on downstream aquatic resources. At least one aquatic species, that has been petitioned once for listing resides in Tonner Canyon. Cumulative Impacts It is obvious, even upon cursory examination to see that the increased runoff and pollution from development causes significant changes to aquatic systems. The changes in drainage, even with energy dissipaters and urban depollutant basins will contribute incrementally to undesirable changes in the stream environment. Given the already compromised integrity of these systems, the cumulative effect is arguably significant, especially for Tonner Canyon. 3.3 Biological Resources EXISTING CONDITIONS Plant Communities, Sensitive Biological Resources T' The determination of levels of sensitivity based on the Nature Conservancy Heritage Program Status Ranks, is questionable. First, the Nature Conservancy, while commonly accepted as a conservation organization, does not have the scientific staff or regulatory authority to be the deciding basis for sensitivity designations. Second, the level of sensitivity of rare species is constantly in flux, due to continued habitat loss and other factors. There is a built in lag time between increases in rarity and their reflection on lists. These lists, especially the CNPS i0 Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Six list, are a good tool, and in the case of the federal and state government lists, a guide to legally required conservation, but they are not the be all and end all of sensitivity determinations. It is important to utilize other information such as current work by researchers, and local population information to fine tune sensitivity rankings. The precarious situation of many of the sensitive species on Bon Terra's list warrants that we err on the side of caution. If this is not done, legal requirements may be met but adequate mitigation — for the benefit of the City and its environment and open space — may not occur. For example, the Los Angeles pocket mouse, while not listed, is a very rare species that warrants focused surveys in suitable habitat, and protection where found. Wildlife An example of current research that may affect the importance of protecting two of the species on Bon Terra's list of amphibians expected to occur, is UC Berkeley evolutionary biologist David Wake's recent work on the Pacific slender salamander and the garden slender salamander. He recently determined that there is a great deal of genetic diversity among southern California populations of these salamanders; the slender salamander in the San Gabriel Mountains was determined to be a new species. We recommend that the consultant contact Wake regarding local speciation, to determine if the local populations of these species merit . special consideration. Wildlife Movement We strongly disagree with the conclusion that the VTTM No. 52267 site does not function as an important regional wildlife corridor, or that it does not impact the TonnI Canyon/Chino Hills SEA, The Puente -Chino Hills is a peninsula of land which experiences "movement" or the dispersal of all types of plants and animals from its northwest terminus to the Santa Ana Mountains and back. Essentially, it is a corridor, or a series of large habitat patches connected by smaller, constrained patches, "corridors" that together facilitate movement across its entire width and breadth. VTTM No. 52267 is part of this larger regional corridor; as the document states, connectivity likely occurs between the northern and southern end of the property — this allows for terrestrial wildlife and cryptic coastal sage scrub birds to move back and forth. In addition, many winged species, i.e. most birds, can move from VTTM No. 52267 quite easily. VTTM provides habitat, that allows smaller species to "live their way" from one end of the corridor to the other, sometimes over several generations, and it supports larger species, such as deer and bobcats as they move through and utilize the corridor. Both VTTM No. 52267 and 52308 provide an important contribution to the corridor. 17i Imo%" Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Seven IMPACTS Significance Criteria Direct Impacts — No.'s VTTM 52267 and VTTM 52308 Flora and Plant Community Impacts il„ We agree with the determination of significance for impacts to coastal sage scrub and Coast Live Oak Woodland. Sensitive Biological Resources We do not agree with the conclusion of low sensitivity for all of the sensitive species listed here. The pair of cactus wrens that would likely be taken by residential development at site No. VTTM 52308 is significant —cactus wrens are in decline throughout their range and i listing has only been forestalled due to agreements to provide for their conservation. In addition, further information may need to be obtained on a number of sensitive species found or likely to be found at both sites to make a determination of the adequacy of the proposed mitigation. Wildlife A total of a minimum of seven raptor nests, including a possible Cooper's hawk nest will be taken when VTTM No. 52267 is developed. This is a significant environmental effect as defined in Section 15065(a) of the CEQA guidelines. It will substantially reduce the habitat of l0 wildlife species in both a regional and local context. The mitigation measures proposed for the projects do not reduce this impact to less than significant; this impact needs to be addressed and mitigated for in the DEIR. CUMULATIVE IMPACTS We concur that the cumulative impacts of the proposed project(s) will subject local I 1 populations of plants and animals to increased risks of local extinction. MITIGATION MEASURES Generally, we agree with the adequacy of the proposed mitigation measures — dedicated open space and clustering — and we commend the project proponent for taking these measures to 1� mitigate and minimize impacts.. However; there is at least one significant effect — nesting raptors — that still needs to be addressed. See our comments above. W. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Eight We commend the development and implementation of a (BRMP) to minimize and mitigate impacts. We strongly recommend the use of locally collected plant materials, plant propaga.les, for revegetation. Also, we strongly support the proposed use of salvaged topsoil for use in the restoration of graded area with native vegetation. The use of non-native in landscaped areas should be minimized. Many native species ,can be used for this purpose. 3A LAND USE AND RELATED PLANNING PROGRAMS As we have stated above — please see our comments —the proposed conversion of permanent open space by the development of VTTM No. 52308 is inappropriate, and inconsistent with the Resource Element/Land Use Element of the General Plan. We are opposed to this change. 3.5 AESTHETICS/VISUAL RESOURCES The visual impact analysis does not appear to include an analysis of how the developments would affect the views from CHSP or Tonner Canyon ZQ 3.6 TRANSPORTATION AND CIRCULATION We are concerned about the incremental, cumulative effects of increased traffic that will I Z' be produced by the proposed project(s). LONG TERM IMPLICATIONS OF THE PROJECT 4.3 Growth -Inducing Impacts We are very concerned with the growth -inducing precedent of the proposed conversion dedicated open space to residential uses as proposed for VTN No. 52308. We recommend that permanent conservation easements be placed on the City's dedicated open space lands including VTTM No, 52308. See other comments above. ALTERNATIVES 5.1 No Project Alternative For site VTTM No. 52308, we strongly support the No Project Alternative. I Z� Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Nine 5,27 5.3 Refined or Reduced Alternative For site VTTM No. 52267 we support the Refined or Reduced Alternative. As stated the Z4 biological impact, particularly on nesting raptors would be reduced, possibly mitigating the impact on nesting raptors to less than significant. These alternatives are more responsible to the resource and more consistent with the General Plan. Conclusion In closing, we wish to once again commend the project proponent and their contractor for their efforts to evaluate environmental effects and to effectively minimize and mitigate them. We strongly urge the City of Diamond Bar to recognize the precious value of remaining wildland areas by selecting the No Project Alternative for VTTM No. 52308. The benefit proposed by the project proponent is unlike the one that would be lost, and the loss of the open space, particularly in this area, is unacceptable. In addition, if the dedication of this "permanent" open space served as mitigation for other impacts, the proposed change in land use could be in violation of state and/or federal laws. Most important though, are the manifold benefits of preserving this area, that prevail over the proposed benefit, especially given the scarcity and irreplaceable nature of open space and natural resources in the Puente -Chino Hills. We look forward to our continued work with the City of Diamond Bar, and other local governments to preserve these precious resources for their own sake, and for the millions of people who benefit from them. If you have any questions or need additional information, please contact Geary Hund, Doreen Ferguson, or myself at (909) 657-0676 Sincerely, Bill Berry District Superintendent cc: The Resources Agency Richard Rayburn, Chief CDPR, Resource Management Division 450IIIlJvlr.. BOARD OF DIRECTORS Donald L. Nettles President Election Division IV Richard C. Engdahl Vice President Election Division II 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 LEGAL COUNSEL: H. Jess Senecal 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 JUly 29, 1997 Mr. James De Stefano Director of Community Development City of Diamond Bar . 21660 E. Copley Drive, Suite 190 Diamond Bar,- CA 917654177 RE: Environmental Impact Report Tract 52267, Work Order No. 97-2353 Tract 52308, Work Order No. 97-235 Dear Jim: On May 9, 1997 the District addressed two separate letters to your attention relative to the Draft EIR's for the referenced tracts, copies of which are attached for your information. As of this date, neither of the requested conditions have been met nor has the appropriate information been provided to the District. Please contact me as soon as possible and advise as to the status of Our requests. . Very truly yours, WALNUT VALLEY WATER DISTRICT Bryan Lewis Director of Planning & Projects BL:km Attachments Wd1AMD\E1Rst2343854 BOARD OF DIRECTORS Donald L Nettles `resident ilection Division IV Richard C. Engdaht ice President :lection Division fI ;eith K Gunn Vice President Election Division V idward N. Layton ssistantTreasurer Election Division III William G. Wentworth -)irector :lection Division I STAFF: Caren.!. Powers 3eneral Manager .ieuetary Bernadette Galindo Treasurer _EGAt COUNSEL: H. Jess Seneca! WALNl1T 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 May 9, 1997 Mr. James De Stefano Director of Community Development City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Baz 9176511177 RE: Drag Environmental Impact Report for Tract 52267, Work Order97-2353 Dear Jim: Our office has reviewed the Draft EIIt for the above captioned tract The tract is aztIun the service azea of the District and the site is included in our Master Water Plan. Two reservoir sites were called for in the 1981 Master Plan, a 1.92 million gallon tank at an elevation of 1,050 feet and a 2.79 MG. Tank at an elevation of 1,200 feet Because of this plan, two reservoir sites were acquired by the District from the previous landowner. The 1050 elevation tank design has already been included in the tentative plan for the tact and the site is suitable for our needs. Tire 1200 elevation tank has proven to be problematic to the developer because of the loss of buildable home sites. The developer has alluded to the possibility of providing the District with an alternate 1200 elevation tank site within the open space of their project in exchange for the existing site owned in fee. The District is open to this possibility, but has not been formally approached with an offer to re -site the tank. The trail can and will be provided domestic and fire flow supply from our existing 1350 and 1200 pressure zones_ The new tanks in the tract aze designed for overall Distr.� nerds. The tract wi'.I not . be precluded from receiving water supply if these tw'o reservoirs aze not yet on-line. 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. 1f you stave any questions, please give me a call. Very tmly yours, ' WALNUT VALLEY WATER DISTRICT BRYAN LEWIS Director of Planning and Projects BL:aan iffIr 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 6emadette Galindo Treasurer LEGAL COUNSEL: H. Jess Senecal 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 May 97 1997 Mr. James De Stefano Director of Community Development City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar 91765-4i77 RE: Draft Environmental Impact Repor[ for Tract 52308, Work Order 97-2354 Dear Jim: Our office has reviewed the Draft EIR for the above captioned tract- The tract is within the service area of the District The construction of this tract will require removal and relocation of an existing 12-inch 1350 Zone water main. The main is within an easement in a dirt road between our Eastgate Reservoir site (1350 elevation) and Foxhaven Drive. We have been aware of this tract for 2 years and have been contacted by Sun Cal regarding the coordination of the relocation of the 12-inch main. 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. Care must be taken, during the grading of this tract, to assure that vibrations and ground accelerations in the vicinity of Fastgate Reservoir do not exceed design criteria for the tank. If you have any questions, please give me a call. Very truly yours, WALNUT VALLEY WATER DISTRICT bpi BRYAN LEWIS Director of Planning and Projects BL:aan C\IDATA�DOCSEIR-DB.SAM The Gas Company® JamesDeSlefano Director ' Developm City ofDianiondBar Drive,21660 E. Copley 1 DiamondBar, Rc: Tentative Tract Map No. 52267 and 52308 Dear Mr. DeStefano: it=:Gi:1Vtu CI Y 97 JUL 25 1i7 :53 IWAO ► t . s The following is in response to your, July, i9971etter requesting information relative to an Environmental Impact Report on the proposed development of the above referenced project. 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 not encompass the possible effect of the Slate'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 projec If you desire further information on any of our energy conservation programs, please call (213) 881-8208, Sincerely, ej& 1 JCf^ Santo Plescia Planning Aide SoatM1ern Calilarnia Gas Company r , Ieoa en �nr�re c�,n� drnnrrre� �, of ,Moiling AAArar. 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LEa vMo Om E_yc�� �opmc 'od•Cm� O c a ='_• m C C ON .,T..O� 0 0 0 0)•C U m Q E m 0 0) O N E O N O r U C �O O O N "" N O N c m J U 0 E m L .00 ? t0 L m Z m 0 U C U m On N w O O~ C N N .`:. aS`o o•rn oamic tc_' am0 cONm„>,`wEo Esc rn— zZ oOuaO wIiIm, �Om>'m cn QO Tm o a >c_ m E W—O.m- m E N- •" N N = mNd,rn wyNN. j (nN a N a o o cO aOG O mN £N�c 0 —LOm 0amZ0MmO Z aEmAm `„ m N c c O `Na.> wmmw OE a L O m'ar Nrncv EO o O aco2OcacO Q IIII, ca C> d n a N 0 m w> U rna N O O a N B m O)E E N N O` .pNtmi .N 0� Nm aNV UUNa� E t NN 0 m �_ ad 0 C m O C Om m mZ 4111 m N clOOt: FIII O O� cs L0) mcNyc°mmE0Iac so OEo0 E ICOn Ea Modc�'co�73NEaa 0 a aw as n m Umma'QOocNmc EO m. 0u_ O c- f i r DOMENITTS IMP! C-PRI NO522677 ply MS2306 rnber'_97031-0 5 -' nd Bar - -. ve; .Suite `f 90 - q 917654177 _ Delauty. Citjl ilAa� 40 - ,, ofDiamond Bar by _ Suite 201^ Jiforr%a 92f60 _ 952A Jr.; AICP, Principal - VTTM Nos. 52267 and 52308 TABLE OF CONTENTS Page Section q INTRODUCTION .................. . A_1 B CLARIFICATIONS AND REVISIONS TO THE DRAFT EIR ........ 13-1 C LIST OF RESPONDENTS ................................. CA C.1 State AgenciesCA C.2 Special Districts .............................. • • •.... CA CAC.3 Private Organizations/Individuals ..................... . D RESPONSES TO PUBLIC TESTIMONY ..................... . D-1 D.1 State Agencies ..................................... D-1 DJ D.2 Special Districts ............................. • • D-8 D.3 Private Organizations/Individuals .............. Appendices q Comment Letters � Table of Contents VTTM Nos. 52267 and 52308 SECTION A INTRODUCTION The purpose of this document is to present public comments, and responses to comments received on the draft Environmental Impact Report (EIR) for the proposed Vesting Tentative Tract Maps 52267 and 52308 (VTTM Nos. 52267 and 52308) project (State Clearinghouse Number 97031105) located in the City of Diamond Bar in Los Angeles County, California. The draft EIR was released for public review and comment by the City of Diamond Bar on July 109 1997; the 4&day public review and comment period ended on August 25, 1997. As required by the California Environmental Quality Act (CEQA), the final EIR responds to comments regarding "significant environmental points raised in the review and consultation process" (State CEQA Guidelines Sections 15132(d)). This response to comments document is a part of the final EIR which includes the draft EIR and the technical appendices thereto. These documents, along with the resolutions adopting the EIR Findings of Fact, Statement of reports, and Overriding Considerations, and certifying the EIR, related City of Diamond Bar staff other information contained in the environmental record, constitutes the final EIR for the VTTM Nos. 52267 and 52308 project. identified in the Comments submitted on the draft EIR included questions about conclusions draft EIR; findings and methodology for preparation of technical analyses; position statements for/against the project; and comments about community issues and issues of a broader regional context. The final EIR provides responses to comments on significant environmental points describing the disposition of issues, explanations of the EIR analysis, supporting EIR conclusions, and new information or clarifications, as appropriate. The final EIR does not respond to the comments on the merits of the project nor does it attempt to solve regional issues requiring full countywide input and consideration. The response to comments document is divided into the following sections: Section B provides clarifications and revisions; Section C provides a list of respondents on the draft EIR; Section D contains responses to environmental comments received on the draft EIR. A-1 Introduction VTTM Nos. 52267 and 52308 Rasoonses to Comments SECTION B CLARIFICATIONS AND REVISIONS TO THE DRAFT ENVIRONMENTAL IMPACT REPORT The following clarifications and revisions do not alter the conclusions of the draft EIR or result in any new significant environmental impacts that were analyzed in the draft EIR. Additions to the language of the EIR are highlighted; text which has been deleted is noted by a "strikeout' through the affected language. SECTION 3.13 EARTH RESOURCES Mitigation Measure 3 on page 3.1-5 of Section 3.1 of the draft EIR is hereby revised and incorporated into the Final EIR as follows: 3. Prior to the issuance of grading permits, the applicant shall submit to the beputy City Manager for review and approval, a report that demonstrates that cut and fill slopes have been designed in accordance with recommendations of a certified geotechnical engineer. SECTION 3.3 BIOLOGICAL RESOURCES Paragraph three on page 3.3-8, Section 3.3 of the draft EIR is hereby revised and incorporated into the Final EIR as follows: 1. The soiathem`entl;of the Tonner Canyon/Chino Hills area within the City of Diamond Bar Sphere of Influence is part of the Significant Ecological Area (SEA) No. 15. The Tonner Canyon/Chino Hills SEA was established by the County of Los Angles to reserve some of the remaining undisturbed stands of oak woodlands, walnut woodlands, coastal sage scrub, chaparral, and riparian woodlands in eastern Los Angeles County, An SEA Teehnier n - - e - ; �l+Ihile VTTM No. 52267 does not impact the Tonner Canyon/Chino Hills SEA, it does preserve target habitats which are also being conserved within the SEA. The fourth paragraph on page 3.3-12, Section 3.3 of the draft EIR is hereby revised and incorporated into the Final EIR as follows: Clarifications and Revisions 8_� To The Draft EIR VTTM Nos. 52267 and 52308 Responses to Comments VTTM No. 522672i18 is part of the watershed of Tonner Canyon. Tonner Canyon is an important regional wildlife corridor located offsite to the east of the VTTM No, 52308' N6. However, the project site itself does not function as a wildlife corridor nor is it integrated into the Tonner Canyon valley floor. The site does lovievved not contribute to the significance of the wildlife resources in the Tonner Canyon/Chino Hills SEA. SECTION 3A LAND USE AND RELATED PLANNING PROGRAMS During reproduction of the draft EIR, two pages of Section 3.4, pages 3.4-29 and 3.4-30, were omitted from some copies of the draft EIR. The text for these two pages is as follows: City of Diamond Bar Tree Preservation and Protection Ordinance Project implementation will require a tree permit from the City for the VTTM Nos, 52267 and 52308 sites. Please refer to Section 3.3, Biological Resources, of this EIR which describes the mitigation program related to impacted trees. Regional Planning Programs South Coast Air Quality Management District Please refer to Section 3.7, Air Quality, of this EIR for a discussion of the South Coast Air Quality Management District, the district's plan, and the proposed projects' effects on the plan. State Planning Programs California Department of Fish and Game: Section 160111603 Agreements Development of the VTTM Nos. 52267 and 52308 sites will occur in or near areas that may be under the jurisdiction of the California Department of Fish and Game (CDFG). The CDFG is responsible for the management of wildlife habitat, pursuant to sections 1601 and 1603 of the Fish and Game Code. An agreement for the alteration of streams and wetlands, and other areas having significant wildlife value, may be required by the CDFG. Section 3.3, Biological Resources, of this EIR provides further discussion of project impacts and recommended mitigation measures. Clarifications and Revisions B_2 To The Draft EIR VTTM Nos. 52267 and 52308 Qp.cnnnses to Comments Federal Planning Programs U.S. Army Corps of Engineers Development of the sites will occur in or near areas that may be under the jurisdiction of the U.S. Army Corps of Engineers (USAGE). Section sion of p tential gical effectts Resources, 'EIRes redeby'thesthese Section permit process. CUMULATIVE IMPACTS The development of the project will result in environmental impacts to the natural and urban systems in the area that affect land use and land use compatibility. These impacts will occur on a project -specific basis, and in some cases the project will incrementally contribute to cumulative effects as well. These impacts, although related to land use, are addressed in individual sections of this EIR. Please refer to Sections 3.1 through 3.3 and Sections 3.5 through 3.9. Growth within the City of Diamond Bar, adjacent cities, and within unincorporated Los Angeles County has been considered in regional plans and jurisdictional general plans. Development of the Planning Area 2 Sub -Area A has been considered in the City of Diamond Bar General Plan. Sub -Area B was not contemplated for development. Development of the 130 units would not cumulatively add to the growth anticipated in the General Plan, but would implement growth anticipated therein. However, implementation of the 60 units on Sub -Area B could result in the desire for the conversion of open space to developed land uses elsewhere on the City, and could therefore be growth -inducing. MITIGATION MEASURES Measures to mitigate potential effects of the projects are presented in Sections 3.1 through 3.3 and Sections 3.5 through 3.9 of this EIR. Should the project be approved, the development will be subject to all applicable regulations of the City's General Plan, zoning ordinance, and all requirements and enactments of federal, state, county, the City authorities, and any other governmental entities, and all such requirements and enactments will, by reference, become conditions of project implementation. LEVEL OF SIGNIFICANCE AFTER MITIGATION Implementation of the project will be inconsistent with some goals, objectives, and strategies of the City's General Plan. This is considered a significant and unavoidable adverse impact. Clarifications and Revisions B 3 To The Draft EIR VTTM Nos. 52267 and 52308 Res ones to Comments SECTION C LIST OF RESPONDENTS Copies of all comment letters received as of August 25, 1997 are contained in Appendix A of this document. Comments have been numbered, and responses have been developed with corresponding numbers. The following parties commented on the draft EIR for the proposed project. Date of Letter Correspondence Number Respondent PUBLIC AGENCIES CA STATE AGENCIES 1 Governor's Office of Planning and Research August 28, 1997 2 Department of Transportation July 31, 1997August 25, 1997 3 Department of Parks and Recreation C,2 SPECIAL DISTRICTS 4 Walnut Valley Water District July 29, 1997, 1997 5 County Sanitation Districts of Los Angeles County Jul August 31, 1997 6 Southern California Association of Governments August 23, 1997 7 Pomona Unified School District C.3 PRIVATE ORGANIZATIONSIINDIVIDUALS g The Gas Company July 21, 1997 C-1 List of Respondents V7l M Nos. 52267 and 52306 RP.ennnsas to Comments SECTION D RESPONSES TO WRITTEN COMMENTS This section includes responses to all significant environmental issues raised in comments received on the draft EIR. When comments did not address the completeness or adequacy of the environmental documentation, or did not raise significant environmental points, the receipt of the comment is noted; no further substantive response is given. Stating that the comment is noted indicates that such comments will be forwarded to the appropriate decision makers for their review and consideration. D.1 STATE AGENCIES Planning and Research Letter 1 A tero A rRivasplata ffice fChief, State Clearinghouse August 28, 1997 1. The comment is noted. Letter 2 Department of Transportation Stephen J. Buswell, Program Manager July 31, 1997 1. The traffic analysis was conducted using fr,the preparation of a TrafficLos Angeles Coty gImpact estion Management Program (CMP) guidelines for Analysis. The guidelines indicate that the study area should include mainline freeway monitoring locations where the project will add 150 or more trips in either direction during the a.m. or p.m, peak hour. Based on the City of Diamond Bar- re will not be or more peak hour ect trips any freeway links. The Therefore, 0prot approved trip no freeway analysis was required or nducted. on 2. The City of Diamond Bar's traffic impact guidelines are prepared to assist the City in complying with the requirements of the CMP. The traffic impact analysis' scope of work for the VTTM Nos. 52267 and 52308 EIR, including CMP and City guidelines, was discussed and agreed upon with the City prior to preparation of the traffic impact analysis. The comment is noted and included in the final record of the project for review and consideration by City decision makers. lculations and report requirement 3 The comment is noted, The addressed by the City of Diamond cBar'tasaill be outlined inChap err 10 of the CMP. Letter 3 Department of Parks and Recreation, Los Lagos District Bill Berry, District Superintendent August 21, 1997 1. The plant and wildlife species currently occurring within the VTTM No. 52267 site are disjunct from Tonner Canyon due to existing development along Leyland Drive, Pantera Drive, and other smaller arterials in the area. Because of development in D-1 Responses to Written Comments V77M Nos. 52267 and 52308 these areas, the VTTM No. 52267 site does not function as a wildlife corridor. Dispersal is limited to habitats onsite and in the immediately adjacent areas, with the exception of periodic dispersal by more mobile species (primarily birds). With respect to the VTTM No. 52308 site, this site is adjacent to Tonner Canyon; however, because of the location of the site (located at the top of a slope) and the predominance of non-native habitats on the site, its value to the Tonner Canyon watershed in limited. Is has been acknowledged in both the draft EIR and supporting technical reports that both the VTTM Nos. 52267 and 52308 sites support sensitive plant communities that are of special regional importance. With respect to the potential of the two sites to provide habitat for the cactus wren, it should be noted that the area to be preserved with the VTTM Nos. 52267 and 52308 sites include approximately 114.76 acres of Venturan-Diegan transitional coastal sage scrub. This community provides suitable habitat for the cactus wren and it should be noted that the seven pairs of cactus wrens occur within the natural open space areas of the site and would not be impacted by the proposed project. The development of the VTTM Nos. 52308 development area north of these cactus wren pairs would not prevent their dispersal, if in fact juvenile wrens attempted to establish territories in Tonner Canyon. 2, The comment is noted and included in the final record for review and consideration by City decision makers. 3. Should the City of Diamond Bar choose to amend its General Plan to permit residential development on the VTTM No. 52308 site, the City decision makers will need to make findings that address the conversion of permanent open space to an urban land use is supported by "significant benefit to the City (General Plan Land Use Element Strategy 1.5.3)." As addressed on pages 24 and 2-8 of the draft EIR, the project applicant has proposed to assist the City of Diamond Bar in the development of a community/civic center on a seven -acre site adjacent to Summitridge Park on City -owned property. The City's decision makers have the option of requiring a different significant benefit (to allow or the request rsioadditfon n of pen space to residential uses) or denying the applicant's development within Planning Area 2 on the VTTM No. 52308 site. It should be further noted that the draft EIR identifies the conversion of this site from open space to residential land uses as potentially growth -inducing. Please refer to pages 4-2 and 4-3 of the draft EIR. As mentioned above in the response to comment 1, the City concurs with the commentor that the VTTM Nos. 52267 and 52308 sites support sensitive plant communities that are of special regional importance. Impacts to these communities (including coastal sage scrub and oak woodland) are considered significant. However, mitigation measures have been developed to avoid, minimize, and compensate for impacts to a level that is less than significant as required by CEQA. 4, The comment is noted and included in the final record for review and consideration by City decision makers. 5. Please refer to the response to comment 1, above. D_2 Responses to Written Comments VTTM Nos. 52267 and 52308 6, It is acknowledged that development of the VTTM No. 52308 site would incrementally increase fragmentation that already exists by the current development in the area. As stated in both the draft EIR and the supporting technical reports, this site does not contribute to the significance of the wildlife resources in the Tonner Canyon area due to the limited acreage of native vegetation communities onsite. The comment is noted and included in the final record for review and consideration by City decision makers. 71 The draft EIR notes that the reservoirs are not required to serve the project. However, to accommodate 130 dwelling units on the VTTM No. 52267 site (the number of units permitted by the City of Diamond Bar General Plan), the project applicant has requested that one of the two reservoir sites be relocated. The draft EIR acknowledges that this relocation could have environmental effects that would need to be addressed in separate environmental documentation under the direction of the Walnut Valley Water District. It should be noted that 273.9 acres of the 339.3- acre site would be retained in natural open space. It is expected that any potential biological impacts associated with the future development of a reservoir outside of the proposed development area for VTTM No. 52267 could be mitigated on the selected site. The comments are noted and included in the final record of the project for review and consideration by City decision makers. g. Page 3.4-26 of the draft EIR states: "...the proposed project is generally consistent with some of the goals, objectives, and strategies of the Land Use Element as it clusters the residences; is of the same general density as surrounding developments; limits grading to the degree feasible to address geotechnical issues; and incorporates a mitigation program to revegetate graded areas consistent with natural materials on the project site. However, the City's decision makers will need to determine if the project applicant's proposal to assist the City in the implementation of a community/civic center on a parcel adjacent to Summitridge Park is of sufficient 'significant benefit' to the City to support a general plan amendment to permit residential development on the VTTM No. 52308 site. Should the City determine that assistance by the applicant to the City for the community/civic center site, as well as the retention of the majority of Planning Area 2 in permanent open space is of "significant benefit' to the City, the general plan amendment can be approved and the project would be consistent with the amended Land Use Element of the City of Diamond Bar General Plan." The comments are noted and included in the final record of the project for review and consideration by City decision makers. g, The VTTM No. 52267 site is not within the watershed of Tonner Canyon because it is located west of Tonner Canyon and separated by urban development. The VTTM No. 52308 does not contribute to the significance of the wildlife resources in the Tonner Canyon area due to the limited acreage of native vegetation communities onite. The that the open space areas a win the VTTM No, te dos provide aCbuffer ity rarea between development to the 0 west and Tonner Canyon D-3 Responses to Written Comments VTTM Nos. 52267 and 52308 aacnnnses to Comments the east; however, it is anticipated that the development and implementation of the Biological Resource Management Program will provide the necessary protective measures at the urban/natural interface. 10. The commentor has misinterpreted the draft EIR. On page 3.24 (Table 3.2-13) of the draft EIR, it is noted that after development, the rate of stormwater runoff from the site would decrease by 2A percent, from 206 cubic feet per second (cfs) to 201 cfs. As stated in the draft EIR, this small change would not significantly impact biological resources offsite or in Tonner Canyon. The draft EIR also notes that the quality of stormwater runoff from the development site would be reduced in comparison to the existing natural conditions. The use of "urban depollutant basins" is recommended as mitigation for this reduction in runoff quality and, when implemented, would reduce potential impacts to less than significant levels. It is unclear what "listed species" the commentor is referring to. If water quality standards are met, no significant impacts are expected. Regarding the comment on cumulative impacts, the City is not aware of any "stream environments" downstream from the VTTM No. 52308 site and does not believe there will be any cumulative runoff impacts. 11. The use of the Nature Conservancy Heritage Program Status Rank is not considered questionable, but rather a standard within the biological community that which the rarity of both species and plant communities are assessed. It should be noted that the Heritage Program is a component of the California Natural Diversity Data Base made available to biologists by the California Department of Fish and Game. As the Department of Fish and Game is the State agency responsible for the protection and management of California's plant and wildlife resources and has deemed it appropriate to include the Heritage Program within its program, their action adds more reason to use this "ranking tool" for biologists to make findings in CEQA documents according to the best available, published scientific data. 12, The biological assessment in the draft EIR documents that development of the VTTM Nos. 52267 and 52308 sites would result in adverse impacts to wildlife species (including the Pacific slender salamander). The determination of the level of significance of an impact to biological resources was made using the best available, published scientific data. All sensitive species lists prepared by federal, state, and local conservation organizations were consulted in the development of the sensitive species addressed in the draft EIR. Until a species has been elevated to local or regional concern by these agencies, prudent and reasonable assessment to the loss of habitat for general wildlife species is used in the assessment of impacts to wildlife species. 13. Wildlife corridors are defined as a piece of habitat, usually linear in nature, that connect two or more habitat patches that would otherwise be fragmented or isolated from one another. According to this widely accepted definition, because the VTTM No. 52267 is entirely surrounded by development, it does not function as an important regional wildlife movement corridor. However, it is acknowledged that there is local movement within this site by local wildlife residents. With regard to the D-4 Responses to Written Comments VT -M Nos. 52267 and 52308 VTTM No. 52308 site, this site is located adjacent to Tonner Canyon but does not function as a wildlife corridor. 14. The comment is noted. 15. Appendix G of the State CEQA Guidelines state that significant impacts on biological resources include those impacts that would substantially affect a rare or endangered species. The loss of a pair of cactus wrens would not be considered significant because it would not "substantially affect' this species. 16. Biological Resources Mitigation Measure 14 identified in Section 3.3 of the draft EIR provides a detailed process by which impacts to nesting raptor species can be minimized to a level that is below significant according to the CEQA Guidelines. It should also be noted that the avoidance and protective actions of Mitigation Measure 14 are in compliance with Section 3503.5 of the California Fish and Game Code. 17, The term "extirpation" within the Cumulative Impacts section should not be confused with the term "extinction:' The proposed project would result in the local extirpation or removal of the wildlife resources; however, the project would not result in the extinction of any species within the project site on a local or regional level. e comment is 18 included inr rthe final reco d of the project to the response to comment 16 above, hnoted for review and c ns derat on by City decision makers. 19, Please refer to the previous responses to comments 3 and 8 above. The comment is noted and is included in the final record of the project for review and consideration by City decision makers. 20, The draft EIR did not evaluate potential impacts to views from the Chino Hills State Park because the site is not visible from the park. Potential visual impacts to hikers in Tonner Canyon/Tres Hermanos was not considered since these areas are not currently developed and are restricted from general public access. 21. The traffic impact analysis determined that the project would not result in any significant traffic impacts, on a project -specific or cumulative basis, that could not be mitigated to a level that is considered less than significant. The only recommended mitigation measure is the provision of a traffic signal at the intersection of Tin Drive at Diamond Bar Boulevard associated with the VTTM No. 52267 project. Please refer to Section 3.6, Transportation and Circulation, of the draft EIR. 22. Please refer to the previous response to comment 3, above. The comment is noted and included in the final record of the project for review and consideration by City decision makers. 23, The comment is noted and included in the final record of the project for review and consideration by City decision makers. 24, The comment is noted and included in the final record of the project for review and consideration by City decision makers. D-5 Responses to Written Comments VTTM Nos. 52267 and 52308 25, As noted in the response to comment 8, above, the City of Diamond Bar may chose to amend its General Plan to allow for the conversion of the VTTM No. 52308 site from open space to residential land uses should the City decision makers find that the applicant is providing a "significant benefit' to the City. The comment is noted and included in the final record of the project for review and consideration by City decision makers. D-6 Responses to Writfen Comments VTTM Nos. 52267 and 52308 D.2 SPECIAL DISTRICTS Letter 4 Walnut Valley Water District Bryan Lewis, Director of Planning & Projects May 9, 1997 1, The draft EIR notes that the reservoirs are not required to serve the project. However, to accommodate 130 dwelling units on the VTTM No. 52267 site (the number of units permitted by the City of Diamond Bar General Plan), the project applicant has requested that one of the two reservoir sites be relocated. The draft EIR acknowledges that this relocation could have environmental effects and would need to be addressed in separate environmental documentation under the direction of the Walnut Valley Water District. It should be noted, that 273.9 acres of the 339.3-acre site would be retained in natural open space. It is expected that any potential biological impacts associated with the future development of a reservoir outside of the proposed development area for VTTM No. 52267 could be mitigated on the selected site. Letter 5 County Sanitation Districts of Los Angeles County Marie L. Pagenkopp, Engineering Technician July 31, 1997 1, The comments are noted and included in the final record for review and consideration by City decision makers. Letter 6 Southern California Association of Governments J. David Stein, Manager, Performance Assessment and Implementation August 6, 1997 1. The comment is noted. Letter 7 Pomona Unified School District A. J. Wilson August 23, 1997 1. The developer is required to pay state -mandated school fees as a contribution to the school facilities needed to support the students generated by the proposed projects. Any additional fees needed by the school district to fund the construction of the new Pantera school will be determined through discussions between the applicant and the school district. 2, Circulation plans for the VTTM Nos. 52267 and 52308 project sites are included in the draft EIR. Consultation/development of circulation plans to provide access to public schools can occur by contacting the City of Diamond Bar during regular business hours. D_7 Responses to Written Comments VTTM Nos. 52267 and 52308 Responses to Comments 13 PRIVATE ORGANIZATIONSONDIVIDUALS Letter 8 The Gas Company Santo Plescia, Planning Aide July 21, 1997 1, The comments are noted and included in the final record of the project for review and consideration by City decision makers. p_g Responses to Written Comments Appendix A PETE WILSON, Goven ATE OF CALIFORNIA " iovernor's office of Planning and Research " ~ 100 Tenth Street iacramento,'CA 95814 c� August 28, 1997 DAMES DESTEFANO THE CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPT. 21660 E. COPLEY DR., STE 190 DIAMOND BAR, CA 91765-4177 Subject: VESTING TENTATIVE TRACT MAPS NO ##: 97031005 Dear DAMES DESTEFANO: c� �"L•Y t ps,r W t.7 y C rn�-v ii > x 52267 AND 52308 EIR SCH The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review perioc 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, ` f ANTERO A. RIVASPLATA Chief, State Clearinghouse Jul-30-97 11:09A BonTcarra Consultiny Inc_ %14 47e+-95'L1 p.oz .�M. Appendix C (colttinited) �� z .�" Hatteo of t.ompteriu]] ]ld tnrlronnwnul ps.•.wre]4+ ��a'. ... ' poo]1]]>.nt Tioma+lttal Form SCN 7._s-'�'��`ll(%i� $� Yud re: Suw ODa+nttau.r.lA002ertisu.a Sw.nrrto, CA 95RIA-91(JA15-0DIS :,��.) /. /.ejem TR1. ), Cwaa � . z 1dAwwr _ ay cM • _ . . xawn �, ypclls(--�� . - x ce.nr -- — -- ..._ -- � �.: . Cy.ry .v Seub. .salt TwP. Rut. A Avnn'.tw1 Nw � . � . ' L. pa.Zueua SA farad.M1tasa Cnruiiy . 0. 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Review to Aeency 1 - �11y Agency Rev to SCH � - F� SCH COMPLIANCE tJ Please note SCH Numher on all Comments 9�o3/oos' Please torn'ard late comments directly to the Lead Agenq� AQMD'APCD 3�(Resources: �'�1 Project Sent to the following Stnte Agencies X Resources _Boating _Coaztal Comm _Coaztal Consv Colorado Rvr Bd � Conservation X Fish 8 Game R _Delta Protection Forestry X parks 8 Rec/OHP _ Reclamation _ BCDC DWR _ OES Bus Transp Hous _Aeronautics CHP X Caltrans R Trans Planning —� Housine 8 Derel Health & Welfare _ Drinkine H2O Medical Waste StatelConsumer Svcs _General Services Cal/EPA _ ARB _ CA Waste M�mt Bd SWRCB: Grants _SWRCB: Delta T SWRCB: Wtr Quality SWRCB: Wtr Rights X Reg. WQCB p DISC/CTC Yth/Adlt Corrections _ Corections Independent Cnmm Energy Camm _�NAHC _PliC _Santa h7n Alms X State Lands C'onun Tahoe Rgt Plmt Other: / J�(g(/(J�: PETE WILSON. Gowen r fSTATE OF CALIFORMA—SUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 7, 120 SO, SPRING ST. LOS ANGELES, CA 90012J606 Too (2131 697d610 July 3171997 JAMES DESTEFANO Deputy City Manager Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 Dear Mr. DeStefano: F;ECEIL'EJ Ci Y CIF 01At OHO BAfl PL?{G., BLDr.. EHIU 97 Aub —7 P 1 :33 Re: IGR/CEQA #970731/NP Draft Environmental Impact Report Vesting Tentative Tract Maps 52267/52308 City of Diamond Bar Vic, LA-060/057-23.70 Thank you for the opportunity to provide comments regarding the above -named tract maps. The proposed project is comprised of two noncontiguous properties located in the City of Diamond Bar. The VPI'M No. 52267 site is proposed for 130 single-family detached residential dwelling units on approximately 65 acres of the 339.3 acre -site. The VTTM No. 52308 site is proposed for 60 single-family detached residential dwelling units clustered on approximately 36.7 acres of the 86.3 acre -site. Based on the information received, our review indicates: 1) We need mainline Routes 57/60 analysis, and table showing existing, cumulative, and this project's traffic. Analysis to include westbound A.M. and eastbound P.M. mainline volumes on Route 60 at the Routes 60/57 interchange, and on Route 57 south of Route 60 southbound A.M. and northbound P.M. Also, please include Routes 60/57 at the Grand Avenue Interchange to . specify duration of peak period for this analysis. 2) With regard to CMP criteria for determining significant impact, the lead agency is advised that it may apply more stringent criteria if desired. 3) As you are aware, pursuant to MIA's Congestion Management Plan, this project will need to comply with MTA's debit/credit reporting requirements. If you have any questions regarding this response, please call the undersigned at (213) 897-4429 and refer to our IGR/CEQA #970731/NP. Sincerely, STEPIiEN J. BUDWELL Program Manager IGR/CEQA cc: Chris Belsky State Cleazinghouse ae.,;arrn le- 1UFORNIA- RESOURCES AGEPlc:Y MENT OF PARKS AND RECREATION Los Lagos District 17801 Lake Perris Drive Perris, California 92571 (909) 657-0676 - L� Ti; August 25, 1997 ; _,1 rrn o'Ts r� James DeStefano ' Deputy City Manager Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 RE: DEIR, Vesting Tentative Tract Map #'s 52267 & 52308 Dear Mr. DeStefano: The California Departrnent of Parks and Recreation (CDPR), Los Lagos District has reviewed the above referenced document; thank you for the opportunity to comment. Please include our comments in the administrative record and provide us with a written response to them. The CDPR is a trustee agency as defined by CEQA, and a defining tenant of our mission is to protect the state's extraordinary biodiversity. As the office of CDPR, responsible for the stewardship of the natural and cultural resources of Chino Hills State Park (CHSP), we have a concern about land use decisions in the geographic area around the park as they relate to our mission and to our responsibilities under CEQA. We believe the maintenance of an interconnected system of wildlands as vitally important to the ecosystems of CHSP and the larger Puente -Chino Hills. As part of our commitment to this regional conservation effort, we recently purchased over 900 acres, north of Carbon Canyon road, to maintain a habitat linkage between CHSP and Tonner Canyon. The wildland and open space areas of both VTTM 52267 and VTTM 52308 are very important contributors to the ecological health and function of Tonner Canyon. VTTM 52267, while primarily in the next watershed west of Toriner Canyon, and separated by a strip of development to the east, still provides a significant benefit. It buffers Tonner Canyon from more intensive urban development further to the north and west, and it helps maintain populations of both rare and common species of plants and animals in the Puente -Chino Hills. For example, juveniles from the seven pairs of cactus wrens, would disperse after fledging into areas such as Mr. James Deotefano DEIR, VTTM No:'s 52267 and 52308 Page Two Tonner Canyon. Having these pairs increases the likelihood that local population of cactus wrens in the Puente -Chino Hills will persist. VTTM 52308 is even more integral to the future health of Tonner Canyon because much of the property is in the Tonner watershed, and it directly buffers the lower canyon from nearby urban areas. Section 1—Executive Summary 1.2 Project Overview In general, VTTM No. 52267 appears to be a well thought out development with significant and appropriate on -site mitigation. We can support an alternative for residential development consistent with the General Plan. We do not support the development of 60 residential dwelling units as proposed for the VTTM No. 52308 site (see comments below). 1.3 Purpose and Scope of the EIR Areas of Controversy/Issues to Be Resolved Need for Project/Land Use Compatibility We oppose the conversion of public open space, identified for long-term preservation, to residential development as proposed for the VTTM No. 52308 site. There are many significant reasons why the proposed change in land use designation, and subsequent residential development would not be appropriate or sufficient to demonstrate a significant benefit to the City. This wildland area is too important from both a local and regional conservation perspectiv to allow for its partial development. The conversion of permanent dedicated open space to residential development would also set a dangerous, growth inducing, precedent. This is not a logical land use pattern consistent with the intent of California Government Code section 65302(a), and it stands in direct contradiction to many of the City of Diamond Bar's land use policies (see additional comments below). Biological Resources In general, we were very impressed with the level of environmental review and analysis that went into the document. We were particularly. impressed with the analysis of, and reporting for biological resources completed by the project proponents contractor, BonTerra consulting. It appeared to be a good faith effort and a thorough one. The detail of information provided 3 Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Three allowed us to assess the project to an extent that would not have been possible had the analysis been conducted by a less diligent consultant. As a result, it increased our confidence in the validity of the assessment, and of the proposed mitigation measures. While we do not agree with . 4 all of the consultant's conclusions, they are to be commended for doing a professional analysis. SECTION 2-PROJECT DESCRIPTION 2.3 PROJECT CHARACTERISTICS Residential Development and Open Space VTTM No. 52267 The extent and type (dedicated open space and clustering of lots) of the proposed on -site mitigation for the impacts to biological resources for the VTTM No. 52267 site appears to be both appropriate (consistent with the general plan), and responsible. It protects some of the most significant habitat values which, as stated above, will contribute to the overall preservation of the areas ecosystems and rare species populations. However, we are concerned with the increasing isolation of the remaining wildland at the VTTM No. 52267 site and recommend that the City work to maintain some kind of physical connection between it and Tonner Canyon. It appears that the maintenance of a connection iability. might be possible; it would greatly increase the potential of the areas long-term v VTTM No. 52308 We are opposed to the conversion of preserved open space, and subsequent residential development on site VTTM No. 52308. It would fragment existing open space and it would have significant on site impacts (destruction of cactus wren and other nests). Development would also cause unacceptable environmental impacts to Tonner Canyon, the Significant Ecological Area (S.E.A.), and the Puente -Chino Hills, a biological corridor/wildland area of regional and statewide significance. Other Land Uses: Water Reservoirs We support keeping all of the water reservoirs within the development footprint of the VTTM No. 52267 site. Locating one of the reservoirs outside of the development footprint, in dedicated open space would create additional impacts in an area already set aside to mitigate for ID Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Five 2.6 DISCRETIONARY ACTIONS We do not support a General Plan Amendment allowing for additional residential development in excess of 130 dwelling units with Planning Area 2 — specifically on site VTTM No. 52308. See comments above. 3.2 WATER RESOURCES IMPACTS Significance Criteria — VTTM No. 52308 We do not agree with the conclusion the runoff from the eastern area of VTTM No. 52308 into Tonner Canyon would not significantly impact biological resources. Changing the amount and composition of the runoff could have significant impacts on downstream aquatic resources. At least one aquatic species, that has been petitioned once for listing resides in Tonner Canyon. Cumulative Impacts It is obvious, even upon cursory examination to see that the increased runoff and pollution from development causes significant changes to aquatic systems. The changes in drainage, even with energy dissipaters and urban depollutant basins will contribute incrementally to undesirable changes in the stream environment. Given the already compromised integrity of these systems, the cumulative effect is arguably significant, especially for Tonner Canyon. 3.3 Biological Resources EXISTING CONDITIONS Plant Communities, Sensitive Biological Resources T' The determination of levels of sensitivity based on the Nature Conservancy Heritage Program Status Ranks, is questionable. First, the Nature Conservancy, while commonly accepted as a conservation organization, does not have the scientific staff or regulatory authority to be the deciding basis for sensitivity designations. Second, the level of sensitivity of rare species is constantly in flux, due to continued habitat loss and other factors. There is a built in lag time between increases in rarity and their reflection on lists. These lists, especially the CNPS i0 Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Six list, are a good tool, and in the case of the federal and state government lists, a guide to legally required conservation, but they are not the be all and end all of sensitivity determinations. It is important to utilize other information such as current work by researchers, and local population information to fine tune sensitivity rankings. The precarious situation of many of the sensitive species on Bon Terra's list warrants that we err on the side of caution. If this is not done, legal requirements may be met but adequate mitigation — for the benefit of the City and its environment and open space — may not occur. For example, the Los Angeles pocket mouse, while not listed, is a very rare species that warrants focused surveys in suitable habitat, and protection where found. Wildlife An example of current research that may affect the importance of protecting two of the species on Bon Terra's list of amphibians expected to occur, is UC Berkeley evolutionary biologist David Wake's recent work on the Pacific slender salamander and the garden slender salamander. He recently determined that there is a great deal of genetic diversity among southern California populations of these salamanders; the slender salamander in the San Gabriel Mountains was determined to be a new species. We recommend that the consultant contact Wake regarding local speciation, to determine if the local populations of these species merit . special consideration. Wildlife Movement We strongly disagree with the conclusion that the VTTM No. 52267 site does not function as an important regional wildlife corridor, or that it does not impact the TonnI Canyon/Chino Hills SEA, The Puente -Chino Hills is a peninsula of land which experiences "movement" or the dispersal of all types of plants and animals from its northwest terminus to the Santa Ana Mountains and back. Essentially, it is a corridor, or a series of large habitat patches connected by smaller, constrained patches, "corridors" that together facilitate movement across its entire width and breadth. VTTM No. 52267 is part of this larger regional corridor; as the document states, connectivity likely occurs between the northern and southern end of the property — this allows for terrestrial wildlife and cryptic coastal sage scrub birds to move back and forth. In addition, many winged species, i.e. most birds, can move from VTTM No. 52267 quite easily. VTTM provides habitat, that allows smaller species to "live their way" from one end of the corridor to the other, sometimes over several generations, and it supports larger species, such as deer and bobcats as they move through and utilize the corridor. Both VTTM No. 52267 and 52308 provide an important contribution to the corridor. 17i Imo%" Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Seven IMPACTS Significance Criteria Direct Impacts — No.'s VTTM 52267 and VTTM 52308 Flora and Plant Community Impacts il„ We agree with the determination of significance for impacts to coastal sage scrub and Coast Live Oak Woodland. Sensitive Biological Resources We do not agree with the conclusion of low sensitivity for all of the sensitive species listed here. The pair of cactus wrens that would likely be taken by residential development at site No. VTTM 52308 is significant —cactus wrens are in decline throughout their range and i listing has only been forestalled due to agreements to provide for their conservation. In addition, further information may need to be obtained on a number of sensitive species found or likely to be found at both sites to make a determination of the adequacy of the proposed mitigation. Wildlife A total of a minimum of seven raptor nests, including a possible Cooper's hawk nest will be taken when VTTM No. 52267 is developed. This is a significant environmental effect as defined in Section 15065(a) of the CEQA guidelines. It will substantially reduce the habitat of l0 wildlife species in both a regional and local context. The mitigation measures proposed for the projects do not reduce this impact to less than significant; this impact needs to be addressed and mitigated for in the DEIR. CUMULATIVE IMPACTS We concur that the cumulative impacts of the proposed project(s) will subject local I 1 populations of plants and animals to increased risks of local extinction. MITIGATION MEASURES Generally, we agree with the adequacy of the proposed mitigation measures — dedicated open space and clustering — and we commend the project proponent for taking these measures to 1� mitigate and minimize impacts.. However; there is at least one significant effect — nesting raptors — that still needs to be addressed. See our comments above. W. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Eight We commend the development and implementation of a (BRMP) to minimize and mitigate impacts. We strongly recommend the use of locally collected plant materials, plant propaga.les, for revegetation. Also, we strongly support the proposed use of salvaged topsoil for use in the restoration of graded area with native vegetation. The use of non-native in landscaped areas should be minimized. Many native species ,can be used for this purpose. 3A LAND USE AND RELATED PLANNING PROGRAMS As we have stated above — please see our comments —the proposed conversion of permanent open space by the development of VTTM No. 52308 is inappropriate, and inconsistent with the Resource Element/Land Use Element of the General Plan. We are opposed to this change. 3.5 AESTHETICS/VISUAL RESOURCES The visual impact analysis does not appear to include an analysis of how the developments would affect the views from CHSP or Tonner Canyon ZQ 3.6 TRANSPORTATION AND CIRCULATION We are concerned about the incremental, cumulative effects of increased traffic that will I Z' be produced by the proposed project(s). LONG TERM IMPLICATIONS OF THE PROJECT 4.3 Growth -Inducing Impacts We are very concerned with the growth -inducing precedent of the proposed conversion dedicated open space to residential uses as proposed for VTN No. 52308. We recommend that permanent conservation easements be placed on the City's dedicated open space lands including VTTM No, 52308. See other comments above. ALTERNATIVES 5.1 No Project Alternative For site VTTM No. 52308, we strongly support the No Project Alternative. I Z� Mr. James DeStefano DEIR, VTTM No.'s 52267 and 52308 Page Nine 5,27 5.3 Refined or Reduced Alternative For site VTTM No. 52267 we support the Refined or Reduced Alternative. As stated the Z4 biological impact, particularly on nesting raptors would be reduced, possibly mitigating the impact on nesting raptors to less than significant. These alternatives are more responsible to the resource and more consistent with the General Plan. Conclusion In closing, we wish to once again commend the project proponent and their contractor for their efforts to evaluate environmental effects and to effectively minimize and mitigate them. We strongly urge the City of Diamond Bar to recognize the precious value of remaining wildland areas by selecting the No Project Alternative for VTTM No. 52308. The benefit proposed by the project proponent is unlike the one that would be lost, and the loss of the open space, particularly in this area, is unacceptable. In addition, if the dedication of this "permanent" open space served as mitigation for other impacts, the proposed change in land use could be in violation of state and/or federal laws. Most important though, are the manifold benefits of preserving this area, that prevail over the proposed benefit, especially given the scarcity and irreplaceable nature of open space and natural resources in the Puente -Chino Hills. We look forward to our continued work with the City of Diamond Bar, and other local governments to preserve these precious resources for their own sake, and for the millions of people who benefit from them. If you have any questions or need additional information, please contact Geary Hund, Doreen Ferguson, or myself at (909) 657-0676 Sincerely, Bill Berry District Superintendent cc: The Resources Agency Richard Rayburn, Chief CDPR, Resource Management Division 450IIIlJvlr.. BOARD OF DIRECTORS Donald L. Nettles President Election Division IV Richard C. Engdahl Vice President Election Division II 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 LEGAL COUNSEL: H. Jess Senecal 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 JUly 29, 1997 Mr. James De Stefano Director of Community Development City of Diamond Bar . 21660 E. Copley Drive, Suite 190 Diamond Bar,- CA 917654177 RE: Environmental Impact Report Tract 52267, Work Order No. 97-2353 Tract 52308, Work Order No. 97-235 Dear Jim: On May 9, 1997 the District addressed two separate letters to your attention relative to the Draft EIR's for the referenced tracts, copies of which are attached for your information. As of this date, neither of the requested conditions have been met nor has the appropriate information been provided to the District. Please contact me as soon as possible and advise as to the status of Our requests. . Very truly yours, WALNUT VALLEY WATER DISTRICT Bryan Lewis Director of Planning & Projects BL:km Attachments Wd1AMD\E1Rst2343854 BOARD OF DIRECTORS Donald L Nettles `resident ilection Division IV Richard C. Engdaht ice President :lection Division fI ;eith K Gunn Vice President Election Division V idward N. Layton ssistantTreasurer Election Division III William G. Wentworth -)irector :lection Division I STAFF: Caren.!. Powers 3eneral Manager .ieuetary Bernadette Galindo Treasurer _EGAt COUNSEL: H. Jess Seneca! WALNl1T 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 May 9, 1997 Mr. James De Stefano Director of Community Development City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Baz 9176511177 RE: Drag Environmental Impact Report for Tract 52267, Work Order97-2353 Dear Jim: Our office has reviewed the Draft EIIt for the above captioned tract The tract is aztIun the service azea of the District and the site is included in our Master Water Plan. Two reservoir sites were called for in the 1981 Master Plan, a 1.92 million gallon tank at an elevation of 1,050 feet and a 2.79 MG. Tank at an elevation of 1,200 feet Because of this plan, two reservoir sites were acquired by the District from the previous landowner. The 1050 elevation tank design has already been included in the tentative plan for the tact and the site is suitable for our needs. Tire 1200 elevation tank has proven to be problematic to the developer because of the loss of buildable home sites. The developer has alluded to the possibility of providing the District with an alternate 1200 elevation tank site within the open space of their project in exchange for the existing site owned in fee. The District is open to this possibility, but has not been formally approached with an offer to re -site the tank. The trail can and will be provided domestic and fire flow supply from our existing 1350 and 1200 pressure zones_ The new tanks in the tract aze designed for overall Distr.� nerds. The tract wi'.I not . be precluded from receiving water supply if these tw'o reservoirs aze not yet on-line. 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. 1f you stave any questions, please give me a call. Very tmly yours, ' WALNUT VALLEY WATER DISTRICT BRYAN LEWIS Director of Planning and Projects BL:aan iffIr 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 6emadette Galindo Treasurer LEGAL COUNSEL: H. Jess Senecal 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 May 97 1997 Mr. James De Stefano Director of Community Development City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar 91765-4i77 RE: Draft Environmental Impact Repor[ for Tract 52308, Work Order 97-2354 Dear Jim: Our office has reviewed the Draft EIR for the above captioned tract- The tract is within the service area of the District The construction of this tract will require removal and relocation of an existing 12-inch 1350 Zone water main. The main is within an easement in a dirt road between our Eastgate Reservoir site (1350 elevation) and Foxhaven Drive. We have been aware of this tract for 2 years and have been contacted by Sun Cal regarding the coordination of the relocation of the 12-inch main. 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. Care must be taken, during the grading of this tract, to assure that vibrations and ground accelerations in the vicinity of Fastgate Reservoir do not exceed design criteria for the tank. If you have any questions, please give me a call. Very truly yours, WALNUT VALLEY WATER DISTRICT bpi BRYAN LEWIS Director of Planning and Projects BL:aan C\IDATA�DOCSEIR-DB.SAM The Gas Company® JamesDeSlefano Director ' Developm City ofDianiondBar Drive,21660 E. Copley 1 DiamondBar, Rc: Tentative Tract Map No. 52267 and 52308 Dear Mr. DeStefano: it=:Gi:1Vtu CI Y 97 JUL 25 1i7 :53 IWAO ► t . s The following is in response to your, July, i9971etter requesting information relative to an Environmental Impact Report on the proposed development of the above referenced project. 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 not encompass the possible effect of the Slate'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 projec If you desire further information on any of our energy conservation programs, please call (213) 881-8208, Sincerely, ej& 1 JCf^ Santo Plescia Planning Aide SoatM1ern Calilarnia Gas Company r , Ieoa en �nr�re c�,n� drnnrrre� �, of ,Moiling AAArar. 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LEa vMo Om E_yc�� �opmc 'od•Cm� O c a ='_• m C C ON .,T..O� 0 0 0 0)•C U m Q E m 0 0) O N E O N O r U C �O O O N "" N O N c m J U 0 E m L .00 ? t0 L m Z m 0 U C U m On N w O O~ C N N .`:. aS`o o•rn oamic tc_' am0 cONm„>,`wEo Esc rn— zZ oOuaO wIiIm, �Om>'m cn QO Tm o a >c_ m E W—O.m- m E N- •" N N = mNd,rn wyNN. j (nN a N a o o cO aOG O mN £N�c 0 —LOm 0amZ0MmO Z aEmAm `„ m N c c O `Na.> wmmw OE a L O m'ar Nrncv EO o O aco2OcacO Q IIII, ca C> d n a N 0 m w> U rna N O O a N B m O)E E N N O` .pNtmi .N 0� Nm aNV UUNa� E t NN 0 m �_ ad 0 C m O C Om m mZ 4111 m N clOOt: FIII O O� cs L0) mcNyc°mmE0Iac so OEo0 E ICOn Ea Modc�'co�73NEaa 0 a aw as n m Umma'QOocNmc EO m. 0u_ O c- AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQIIESTa PROPERTY LOCATION: APPLICANT: SUMMARY City of Diamond Bar PLANNING COMMISSION Staff Report 7.1 September 18, 1997 September 23, 1997 Conditional Use Permit No. 9 7 - 3 To allow the sale of beer and wine in an existing mini -mart at the Chevron Gas Station 21324 Pathfinder Road; the southwest corner of Pathfinder Road and Brea Canvon Road Chevron U.S.A., Inc. P.O. Box 285 Houston, Texas 77001 Mohamad Salimnia 21324 Pathfinder Road Diamond Bar, CA 91765 The applicant is requesting a Conditional Use Permit to allow the sale of beer and wine at an existing mini -mart, inside the Chevron as Station at the corner of Pathfinder Road and Brea Canyon Road. The mini -mart is an ancillary use to the sale of gasoline at this location and only a small portion of the entire commercial operation of the gas station. The gas station is located in the Commercial Planned Development Zone (CPD) which conditionally permits the sale of beer and wine concurrent with the sale of motor vehicle fuel. The proposed additional use will not require any change or modification in the existing structure of the gas station and the current interior layout will not require any modification to accommodate the additional inventory. The proposed sale of beer and wine is not expected to generate the need for any additional parking. Staff recommends approval of the Conditional Use Permit, allowing the ancillary sale of beer and wine. BACKGROUND: The applicant, Mohamad Salimnia, is requesting approval of a Conditional Use Permit to allow the sale of beer and wine in an existing mini -mart at a Chevron gasoline station. The gas station is located at 21324 Pathfinder Road, at the southwest corner of Pathfinder Road and Brea Canyon Road. The gas station was approved by the County of Los Angeles in 1971 under PP 32253. In August 1995, Administrative Development Review No. 95-26 was approved to allow minor interior and exterior remodeling. The General Plan designation for this site is Commercial Office (CO) and the zoning designation is Commercial Planned Development (CPD). The proposed use is permitted in this zone subject to Sections 22.28.340.B and 22.28.110.A of the Los Angeles County Planning and Zoning Code which allows the sale of beer and wine, concurrent with the sale of motor vehicle fuel, with a Conditional Use Permit. Generally the following uses and zones surround the site: to the north, across Brea Canyon Road, is a Single Family Residence zone (R-1-8000); to the east is a Single Family Residence zone (R-1- 8000) which includes Diamond Bar High School; to the south is a Commercial Planned Development Zone (CPD); and to the west, across the #57 Orange Freeway, is a Residential Planned Development Zone (RPD-101000 6U). The project site is a square -shaped lot (Parcel Map No. 1595) approximately .52 acres in size. It contains a 1670 square foot canopy area with gasoline pumps, and a 2000 square foot structure housing the service bays and the mini -mart. There are six standard parking spaces and one handicap parking space on the site. CONDITIONAL IISE PERMIT The applicant is requesting approval of a Conditional Use Permit for the sale of beer and wine to supplement the other commodities sold in an existing mini -mart at the Chevron gas station. The applicant believes the addition of beer and wine sales will allow this gas station to remain competitive with other full service gas stations. The addition of beer and wine sales at the mini -mart will have a negligible impact on the site. There will be no exterior changes to the structure which houses the mini -mart and the service bays. The interior of the mini -mart will not be modified in any way; the existing shelving will' remain the same with some current stock removed to make way for the proposed beer and wine. 2 Comments and Notification Property owners within 500 feet of the Chevron service station, which included the Walnut Valley Unified School District, were notified of the application for this Conditional Use Permit. There was no response to the notification mailers. Comments and concerns were solicited in particular from Diamond Bar High School. Dennis Paul, Assistant Principal, expressed no opposition to the application for a Conditional Use Permit to sell beer and wine at this location. The Los Angeles Sheriff Department, Walnut Division, responded to our request for enforcement comments. After speaking with the staff at Diamond Bar High School, the Sheriff's Department had no concerns regarding the issuance of a Conditional Use Permit for beer and wine sales at this location. As part of the review process for a beer and wine license from the Alcoholic Beverages Control Board, the Sheriff's Department will again interview any schools and churches near the proposed site. Alcoholic Beverage Control Licensinc The Alcoholic Beverage Control Board (ABC), which encourages an applicant to apply for a Conditional Use Permit concurrently or before application for a liquor license, was contacted as to the status of the applicant's liquor license. The applicant has not yet filed for a liquor license. When granting a license, the ABC Board takes into consideration any schools, churches, parks or playgrounds within 300-600 yards of the proposed site. Notification of these persons and any resident within 100 yards of the site is conducted 30 days prior to any decision. The ABC Board responds to any complaint, either denying the license, granting the license, or granting the license with conditions. Parking and Traffic Currently, parking is adequately provided on the site and the addition of beer and wine to be sold in the mini -mart is not expected to increase the amount of parking needed. In 1995, the applicant applied for an Administrative Development Review to allow minor interior and exterior remodeling. Under the conditions of approval for Administrative Development Review No. 95-24, the gas station was required to provide five standard parking spaces and one handicap parking space. At this time, there are six standard parking spaces and one handicap parking space. The addition of beer and wine in the mini -mart is not expected to substantially increase the amount of traffic at the service station. The mini -mart is an ancillary use at the service station. According to the applicant, most customers of the mini -mart are primarily purchasing automobile fuel at the gas station which is open twenty-four hours daily. The mini -mart, which is open from 6 a.m. to 10 p.m., currently sells soft drinks and prepackaged snack foods. The applicant anticipates that the proposed sale of beer and wine will comprise approximately 12-15% of the total mini -mart 3 sales. Landscaginc New landscaping was also required as a condition of approval of ADR No. 95-24. In order to maintain the requirements of that approved landscape plan, the plantings in the eastern most planter area, next to Brea Canyon Road, shall be supplemented with ten (10) one - gallon agapanthus africanus 'blue' to be installed five plants at each end of the planter. In the southern most planter, along the rear of the property, the bare eastern end shall be planted with five (5) one -gallon agapanthus africanus 'blue' plants. Four (4) five -gallon grevillea 'neollii' also will be planted in this planter. In the planter area on the west side of the project site, five (5) one -gallon agapanthus africanus 'blue' shall be added to those existing at the northern end of the area. On the northern edge of the project site, there shall be ten (10) one -gallon agapanthus africanus 'blue' installed, five at either end of the planter area. The triangular planter at the northeast corner of the site shall be replanted with seasonal color bedding plants, 4" pots minimum. The freestanding planter pots at the entrance to the service station building shall also be replanted with seasonal color bedding plants, 4" pots minimum. ENVIRONMENTAL ASSESSMENT The environmental evaluation shows that the proposed project is Categorically Exempt according to guidelines of California Environmental Quality Act (CEQA), Section 15303(a). PUBLIC NOTIFICATION This item has been advertised in the Inland valley paily B,iietin and the San Gabriel valley Tribune on September 2, 1997. Notices were mailed to 33 property owners within a 500 foot radius of the project site on September 2, 1997. RECOMMENDATIONS Staff recommends that the Planning Commission approve Conditional Use Permit 97-3, Findings of Fact and conditions as listed,.within the attached resolution. Conditional Use Permit Findings 1. That the proposed use is in substantial compliance with the General Plan, local ordinances and State requirements. 2. That the proposed use will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. 3. That the proposed use will not have an adverse impact on adjacent or adjoining residential and commercial uses. It will not be materially detrimental to the use, enjoyment or valuation of property or other persons located in the vicinity of the proposed project. 4. That the subject site for the proposed use is adequate in size and shape to accommodate the proposed use. 5. That the proposed site is adequately served by Brea Canyon Road and Pathfinder Road. The Public Works Division and the Building and Safety Division have reviewed this project. Neither division has any comments or concerns regarding the application. Prepared by: Susan Cole Planning Technician 1. Draft Resolution of Approval; 2. Exhibit "A" - site plan and elevations dated September 18, 199,; 3. Application. 5 A. PLANNING COMMISSION RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 97-3 A REQUEST TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI -MART AT THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. RECITALS. 1. The applicant, Mohamad Salimnia, has filed an application for Conditional Use Permit No. 97-3 as described in the above title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on September 23, 1997 conducted a duly noticed public hearing on the application. 5. Notice of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inlan Valley Daily Bulletin newspapers on September 2, 1997. Thirty three property owners within a 500 foot radius of the project site were notified by mail on September 2, 1997. 1 B. ReSOlutio NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, and the guidelines promulgated thereunder, pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth hereinI this Planning Commission hereby finds as follows: (a) The project relates to a developed parcel approximately .52 acres in size located at 21324 Pathfinder Road. (b) The project site has a General Plan land use designation of Commercial Office (CO). It is within a Commercial Planned Development Zone (CPD). CONDITIONAL USE PERMIT (c) (d) The proposed project will not be in substantial conflict with the General Plan, local ordinances and State requirements. The General Plan provides for a variety and mix of land uses and accessory uses necessary for the health, safety, comfort and convenience of the community. The facility's operation offers a convenience service to the community by adding beer and wine sales to the commodities sold at the existing mini -mart. Therefore, the proposed use is consistent with the General Plan and is further authorized as a conditionally permitted use within the Commercial Planned Development Zone (CPD), pursuant to the Los Angeles Planning and Zoning Code, Sections 22.28.340 and 22.28.110. The proposed project will not: (1) Adversely affect the health or welfare of persons residing or working in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare for the following reasons: The approval of the Conditional Use Permit allows for the proposed sales of beer and wine at an existing mini -mart in the Chevron Gas Station at 21324 Pathfinder Road. The proposed use at this site, as conditioned, complies with all City Codes and therefore does not adversely affect the health or welfare of persons residing or working in the surrounding area; or jeopardize, ndanger or otherwise constitute a menace to the public health, safety or general welfare. There were no comments or concerns put forth by the Alcoholic 3 er ^. Beverage Control Board, the Los AngelesM4jK % County Sheriff Department or Diamond Bar High School when they were contacted regarding this application. The additional sales of beer and wine atthis location will not change the exterior or interior of the existing structures at the project site. The application will in fact allow a discretionary review of the existing structures and landscaping at the site, confirming that the site is being maintained. This ensures the proposed use will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (e) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed within City ordinances, or as otherwise required in order to integrate the use with uses in the surrounding area. The proposed use will not effect the project site in any way, in that there will be no physical changes in the interior or exterior of any structures on the project site. Required parking is five standard spaces and one handicap space; provided parking is six standard parking spaces and one handicap parking space. (f) The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and (2) By other public or private service facilities as are required. Although the proposed use is not expected to generate any additional traffic, the proposed site, 21324 n �1P Pathfinder, is adequately served by Pathfinder Road and Brea Canyon Road which are of sufficient width and improvement to carry the existing kind and quantity of traffic. The site is currently served adequately by utility service. There will be no increase in demand generated by the proposed use. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) Conditional Use Permit No. 97-3 shall be developed in substantial conformance to plans dated September 18, 1997, labeled Exhibit "A" as submitted and conditioned and approved by the Planning Commission. (b) The applicant shall comply with all Planning Division, Building and Safety Division, Public Works Division and Los Angeles County Fire Department requirements. (c) Pursuant to the approved ADR No. 95-26 landscaping plan, the applicant shall maintain the specified planting by supplementing the existing landscaping as follows: (1) In the eastern most planter area, next to Brea Canyon Road, the existing plantings shall be supplemented with ten (10) one - gallon agapanthus africanus 'blue', to be installed five plants at each end of the planter. (2) Five (5) one -gallon agapanthus africanus 'blue' plants and four (4)five-gallon grevillea 'neollii' shall be planted in the southern- most planter, along the rear of the property. (3) In the planter area on the west side of the project site, five (5) one -gallon agapanthus africanus 'blue' shall be added to those existing at the northern end of the planting area. E (4) In the planter on the northern edge of the project site, there shall be ten (10) one -gallon agapanthus, africanus 'blue' installed, five at either end of the planter area. (5) The rectangular planter at the northeast corner of the site shall be replanted with seasonal color bedding plants, 4" pots minimum; (6) The freestanding planter pots at the entrance to the service station building shall be replanted with seasonal color bedding plants, 4" pots minimum. (d) This grant is valid for two years and shall be exercised within that period or this grant shall expire. A one year extension may be requested in writing and.submitted to the City 30 days prior to expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County of Los Angeles, of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the G BY: applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (g) If the beer and wine sales approved by this resolution is operated or maintained in violation of Alcoholic Beverage Control Board standards, the Conditional Use Permit approval shall be subject to revocation by the Planning Commission. (h) Sales of alcoholic beverages shall be per- mitted only between the hours of 6:00 a.m.to 10:00 p.m. daily. (i) The sale of beer and/or wine for consumption on the premises is prohibited. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Mohamad Salimnia, Chevron Gas Station, 21324 Pathfinder Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23rd DAY OF September, 1997 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, Chairman 7 I, James DeStefano, Planning Commission Secretary, do hereby certify that the forgoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23th day of September, 1997, by the following vote: AYE5: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary AGENDA ITEM NDMBER: REPORT DATE: MEETING DATE: CASE/FILE NIIMBERO APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OANERS/APPLICANT BACRGROIIND: City of Diamond Bar PLANNING COADUSSION Staff Report 7.2 September 8, 1997 September 23, 1997 Tentative Parcel Map No. 24646, General Plan Amendment No. 96-1, Conditional Use Permit No. 96-14, Oak Tree Permit No. 96-4, and Negative Declaration No. 97-4 Proposes to change the General Plan land use designation from open Space to Rural Re- sidential; subdivide 5.88 acres into four lots; remove and replace oak and walnut trees; and remove a map restriction. Easterly side of Blaze trail across from the intersection of Timbertop Lane Diamond Bar Country Estates Association 22615 Lazy Meadow Drive Diamond Bar, CA 91765 The property owner/applicant Diamond Bar Country Estates Associ- ation is requesting approval of a General Plan Amendment in order to change the land use designation of 5.88 acres. The land use designation will change for Open Space (OS) to Rural Residential (RR). The request for approval also includes: subdividing the 5.88 1 acres into our lots, each a minimum of one acre, for the eventual development of four single family custom homes; an Oak Tree Permit for the removal and replacement of oak and walnut trees; .a Conditional Use Permit for development within a hillside management area; the removal of a map restriction; and a Draft Negative Declaration which has been prepared to evaluate the impacts the project may have upon the environment and mitigation measures that will reduce the effects of any negative impacts. The Diamond Bar Estates Association's purpose for the subdivision is to raise sufficient funds to finance the development and con- struction of a new 25 meter swimming pool and a new club house. It is anticipated that the revenue from the sale of the new parcels will be adequate for the proposed recreational facilities which will meet the current needs of "The Country Estates"' residents. The project site is located at the easterly side of Blaze Trail across from the intersection of Timbertop Lane. It is within a gated community identified as "The Country Estates" and adjacent to "The Country Estates" recreational facilities on the north and existing homes on the south and west. The General Plan land use designation for the project site is open Space (OS). The zoning is Single Family Residence -Minimum Lot Size 40,000 Square Feet (R-1-40,000). Generally, the following zones surround the project site: to the north and east is the R-1- 40,000 Zone; to the south is the A-2-2 Zone; and to the west is the 1-1-20,000 Zone. ANALYSIS: GENERAL PLAN AMENDMENT The proposed parcel map involves the subdivision of Lot 179 (a 132 acre parcel) of Tract No. 30091 which has a General Plan land use designation of Open Space (OS). Pursuant to the General Plan, the OS designation provides for recreational opportunities, preser- vation of scenic and environmental values and animal life and the protection of resources and public safety. The proposed sub- division will divide 5.88 acres of the 132 acres into four parcels for the eventual development of single family custom homes. In order to accomplish this type of development, a General Plan Amendment is required for the 5.88 acres. The proposed amendment would change the land use designation for OS to Rural Residential (RR), thereby allowing a maximum one dwelling unit per acre. The remaining 126.12 acres will continue as OS. In order to accomplish the proposed parcel and its eventual development, a General Plan Amendment approval is required. According to Planning and Zoning law, no mandatory element of a general plan shall be amended more frequently than four times during any calendar year. Subject to this limitation, an amendment may be made at any time, as determined by the legislative body. This is the first amendment present to the Commission this calendar E year. Therefore, the Commission may recommend an action to the City Council on this matter. PROJECT OVERVIEW Lot 179 is irregularly shaped, basically unimproved and slopes downward from Blaze Trail. It is considered part of "The Country Estates" Park, privately owned by the Diamond Bar Country Estates Association and utilized by its residents only. However, Lot 179 does contain a narrow one-way road which extends from the west side of the lot, eastward through Lot 179 to a point on Indian Creek Road. This road is generally used by the Los Angeles County Public Works Department for the Indian Creek pump station's maintenance and the Los Angeles County Fire Department for emergency. This project includes widening a portion of this road in order to reduce the steepness and improve the existing configuration which includes very sharp curves. Additionally, the road's entrance will be relocated at Blaze Trail creating a greater separation from Timbertop Lane and thereby enhancing traffic safety. The cul-de- sac will be designed in a manner .that will accommodate Fire Department and Public Works Department access. The 5.88 acres will be subdivided into four lots, each a minimum of one acre. One lot is proposed on the north side of the access road. Three lots are proposed on the south side of the access road. Two of the four proposed lots are designed with an upper level pad for residential structures and a lower level pad for ancillary recreational uses such as a swimming pool or tennis court. The square footage for the pads are as follows: Lot 1 - 27,600 square feet; Lot 2 - 19,240 square feet; Lot 3 - 13,600 square feet; and Lot 4 - 30,260 square feet* setbacks for residential structures are recommended as follows: front yards - not less than 25 feet from property line and adjacent homes shall not have the same front yard setback; side yards - not less than 10 feet and 15 feet from the buildable pad's edge; rear yards - not less than 25 feet from the buildable pad's edge; and ancillary accessory structures may be permitted utilizing setbacks consistent with the residential zoning designation for the property at the time of permit issuance. CONDITIONAL USE PERMIT/HILLSIDE MANAGEMENT ORDINANCE The proposed parcel map contains natural slopes of 25 percent or more, is in an urban hillside management area and proposes residential development. As such and pursuant to Code (Section 22,56,215), approval of a Conditional Use Permit is required for this project. The Conditional Use Permit's purpose is to protect resources contained within a hillside management area which may result in or have the potential for environmental degradation and to the extent possible, maintain and enhance the remaining biotic resources and natural topography while allowing for limited controlled development. The Hillside Management Ordinance's guidelines and standards are W required to ensure that development will complement the character and topography of land containing grades in excess of 10 percent. Specifically, the City desires the application of good hillside planning and the use of the landform grading and revegetation concept. Furthermore, exceptions to these standards with appropriate findings and facts require a Conditional Use Permit. These guidelines and standards are applicable to the proposed project due to grades in excess of 10 percent. OAK TREE PERMIT/BIOTA A site survey was conducted by BonTerra Consulting. During the survey special attention was given to the following biological resources: state or federally listed threatened, endangered, or otherwise rare plant and wildlife species; locally designated species; locally designated natural communities; wetland habitats; and wildlife movement corridors. The survey indicated that two plant communities dominate the project site; annual grassland and oak/walnut woodland. The presence of annual grassland indicated signs of past disturbances (routine discing for weed and fire maintenance) which have resulted in the conversion of native plant communities to annual grasslands dominated by non-native grasses. No plant or wildlife species listed as threatened or endangered by state or federal resource agencies are expected to occur on the project site, based on the plant communities present and the current level of disturbance. Additionally, no wetland habitats that meet the Army Corps of Engineers or California Department of Fish and Game jurisdictional requirements are present within the project boundaries. Eighty-one (81) Juglans California (walnut trees) and 102 Quercus Agrifolia (oak trees) were found on the proposed parcel map site (5.88 acres). Eight of the walnut trees and 33 of the oak trees are of sufficient quality to justify preservation. All the walnut trees and 26 of the oak trees are located in areas requiring mass grading which will not allow preservation in place. The only option for preservation of these trees is relocation. However, relocation of the walnut trees is not recommended because of their poor quality as landscape trees. Seven oak trees (tag numbers 17, 70, 78, 144, 183 and 189) can be preserved in place and alteration of the grading plan will be required for four (tag numbers 70, 70A, 78, 188) of these trees' preservation. Pursuant to the General Plan, and the City's Oak Tree Permit process, the City must provide for the preservation, replacement and relocation of oak and walnut trees. Therefore, oak and walnut trees removed during the projectrs implementation are subject to replacement. Walnut trees will be replaced at a 2:1 ratio, minimum container size of 5 gallons. Walnut replacement shall not exceed 45 replacement trees per acre with native understory. Oak trees will be replaced at a 4:1 ratio not exceeding 45 trees per acre with native understory. Oak tree replacement trees will consist of the following container sizes: 5 percent 5 gallons; 25 percent 15 0 gallons; 50 percent 24 inch box; and 20 percent 36 inch box. For Parcel Map No. 24646, 162 walnut trees and 104 oak trees, pursuant to the City's replacement ratio standards, should be planted. Oak and walnut tree monitoring will be five years, with replacement ratio of two live walnut trees for each walnut tree removed and two live oak trees for each oak tree removed. Considering the lot and pad sizes, multi -level pads, and fuel modification zones, it is possible that the required oak and walnut tree replacement ratio may not be met on -site. Therefore, replacement walnut and oak trees can be located off -site, but within other areas of "The Country Estates" agreed upon by the City. The oak trees cited for preservation require protection during the all phases of the site's development. Protection requires the installation of chain link fencing, four feet tall, five feet beyond the dripline of all trees which are to be preserved in place. A landscape/irrigation plan for all slope areas is required. Plans must delineate the preserved trees and protection zone and protection device, replacement trees with location, size and quantity, and other appropriate slope vegetation. Consideration must be give to fuel modification areas and the appropriate number of replacement oak and walnut trees on -site and off -site, if necessary. The landscape/irrigation plan must be submitted to the City for review and approval. GRADING The existing surface gradients, within the area to be developed, varies from as flat as 8:1 to as steep as 1.5:1. The average surface gradient appears to be approximately 2.5:1. The proposed site will require cuts to the north (within portions of Lots 1, 2, 4 and access road) and adjacent to Blaze Trail. The fill areas are within remaining portions of Lots 1 and 2 and 4, all of Lot 3 and the ravine areas and slopes toeing -out toward the open space area. An old landslide was detected on Lot 2 and extends easterly into the northwest corner of Lot 3's building pad. Shear key /buttress fill may be necessary to provide the minimum required safety factor of 1.50. Using current building and engineering codes, the minimum safety factor will be obtained, thereby increasing slope stability. The parcel map as currently proposed, requires 76,500 cubic yards of fill and 15,500 cubic yards of cut. Some exporting will occur. An export site is not known at this time. Additionally, the city's grading permit process requires an erosion control plan to be reviewed and approved by the City. In compliance with the Hillside Management Ordinance's standards and guidelines, the proposed project's grading will: follow the natural topography of the site, where feasible; where large visible cuts and fills are proposed, landform grading will be utilized; concave and convex forms will be utilized throughout the site; slopes will not be linear in plan view; manufactured slope gradients will vary from 2:1, 3:1 and 4:1; lot shapes will vary; pads will maintain irregular configurations and trees will be concentrated in concave areas, similar as in nature. Map Restriction Removal According to Tract Map No. 30091 for Lot 179, the right to prohibit residential construction and allow construction of recreational and accessory buildings or parking was dedicated to Los Angeles County. Upon incorporation, the right to prohibit residential construction was dedicated to the City. Pursuant to the General Plan's Land Use Element, Strategy 1.5.4, vacant land burdened with non -open space restrictions shall be subjected to public hearings with the Planning Commission and City Council before any action can be taken to remove the restriction. However, the restriction's removal must be of significant benefit to the City. The applicant's proposal, if approved by the City, will provide the following significant benefits to the City: 1. A donation of $14,000.00 ($3,500.00 per lot) toward publicly owned recreational areas and facilities; 2. An agreement or guarantee acceptable to the City that ensures that there will be no future attempts to subdivide the remaining portion of Lot 179 by the Diamond Bar Country Association or it's Board of Directors; 3. Realign and reconstruct a portion of the access road to a safe distance from Timbertop Lane, as specified by the City Engineer; and 4. Realign and reconstruct the portion of the access road where it contains several steep and sharply curved sections which create danger to vehicles traversing the road and reduce the grade of these sections and increase the size of the curves for a safer road as specified by the City Engineer. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 97-4 has been prepared. The purpose of a Negative Declaration is to provide objective planning and environmental information. The information is utilized to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of the potential environmental implication that may result from the proposed project's development. The Negative Declaration's preparation is based on the Initial Study completed by the City. The Initial Study Questionnaire identifies areas where the project may produce an impact of significance. The proposed project was deemed to have an impact on biological resources which necessitated the preparation of the Negative Declaration document currently before the Planning Commission. The Notice of Completion and Availability began the Negative Declaration's 20 day review period on September 12, 1997. This public review period will close October 2, 1997. At the conclusion of the public comment phase, the comments are responded to and included in the Negative Declaration that is reviewed by the decision makers. The Commission, prior to recommending the project's approval, shall recommend approval of the Negative Declaration if it adequately identifies potential impacts, measures to mitigate those impacts, and also impacts which may occur as a result of the project but are unable to be mitigated. Additionally, a Mitigation Monitoring Program (MMP) will be part of the Negative Declaration and also requires a recommendation of approval. The public hearing is a forum in which the City's residents and surrounding communities can discuss the environmental issues related to the proposed project's development. At the conclusion of the public hearing, the City will respond to these issues. NOTICE OF POBLZC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 12, 1997. Public hearing notices were mailed to approximately 172 property owners within a 500 foot radius of the project site on September 11, 1997. RECOMMENDATIONS: Staff recommends that the Planning Commission open the public hearing, receive comments on the Negative Declaration and project entitlement and continue the public hearing to October 14, 1997. Prepared by: Ann . Lun , ociate Planner 7 Attachments: 1. Negative Declaration No. 97-4 and Mitigation Monitoring Program; 2 Exhibit "A" -TPM 24646 and Development Plan dated September 23, 1997; 3. Draft Conditions of Approval; 4. Applications; 5. Slope Analysis Map; 6. Slope Profile Map; 7. BonTerra Consulting, Biological Assessment for Parcel Map 24646, dated September 3, 1997; 8. Arborist Report, Parcel Number 24646 by Frederick Roth, Ph.D., consulting arborist; 9. Oak and walnut tree schematic replacement plan; and We Access road realignment. 0 DRAFT PLANNING DIVISION CONDITIONS FOR TENTATIVE PARCEL MAP NO. 24646 General• 1. The project site shall be developed in substantial conformance to the TPM No. 24646, CUP No. 96-14 and OT No. 96-4 submitted to and approved by the Planning Commission and collectively attached hereto as Exhibit "A" dated September 23, 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 utilized has obtained permits from the City of Diamond Bar to provide such services. 3. This approval is granted subject to the conditions of approval TPM No. 24646, General Plan Amendment No. 96-1, CUP No 96-1 and OT No. 96-4. 4. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar's Community and Development Services Department/Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant 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 aside, void or annul, approval of TPM 24646 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 project site shall be complied with unless otherwise set forth in the resolution or shown on the approved plans. Additionally, the applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric 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 Divisions, Engineering Division and school fees) at the established rates, prior to final map approval, issuance of building ,or grading permits (whichever comes first), as required by the City. Additionally, the Applicant shall pay all remaining prorated City project review and processing fees prior to the Parcel Map's recordation as required by the City. 9. All equipment staging areas shall be located on the project site. 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. This grant is only valid, provided that construction begun within two years from the date of this approval. A one year extension of time may be requested in writing and shall only be considered if submitted to the City no less than 30 days prior to the approval's expiration date. 11. The project site shall be maintained and operated in full compliance with the conditions of this approval and all laws, or other regulations applicable. 12 This grant shall be null, void and of no effect if the City Council fails to approve General Plan Amendment No. 96-1, TPM No. 24646, adopt Negative Declaration No. 97-4, CUP No. 96-14 and OT No.96-4. Planning Division 1. The Mitigation Monitoring Program outlined 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 costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the final map's approval. 2. Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorporation of the existing homeowners' association are required and shall be provided to the Deputy City Manager and the City Attorney for review and approval prior to the recordation of the final parcel map. The existing CC&Rs and Articles of Incorporation of "The Country Estates" Homeowners Association shall be recorded concurrently with the final parcel map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 3. TPM 24646 shall be designed so as to substantially comply with the CC&Rs implemented by within "The Country Estates". The CC&Rs shall incorporate at a minimum, provisions which will 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. 4. 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. 5. Applicant shall prepare and submit a "Buyers' Awareness Package" to the Deputy City Manager for approval, prior to the issuance of any City permits, This package shall include, but is not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence, Exhibit "A" which delineates each lot's building 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 purchaser 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. 6. 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. 7. All proposed residential dwelling units shall comply with the City's Development Review ordinance. 8. 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 utilize 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. 9. All ground mounted utility appurtenances (i.e. A.C. condenser units, transformers, 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 and Development Services Department/Planning Division. 10. Applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map. il. 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 properly 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 water shall be used whenever possible. 12. 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 slope con- figuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvi- linear across a slope face. 13. 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 within Negative Declaration No. 97-4/Mitigation Monitoring Program. 14. The final landscape plan shall substantially comply with the preliminary landscape plan submitted and recommended for approval by the Planning Commission and marked Exhibit "A" which shall include fencing details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. 15. The grading plan shall substantially conform to TPM No. 24646 as recommended for approval by the Planning Commission. The approved TPM No. 24646 and Hillside Management Ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satis- faction of the City Engineer and City Attorney. 16. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the applicant until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that all slope planting is in satisfactory condition. 17. All off -site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. 18. 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. 19. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available, pending completion of the required fire protection system. 20. Discharge of sewage from this project site into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB,) pursuant 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. 21. Based on soils and hydrology studies, the applicant shall provide a plan for review and approval by the City Engineer and the co-permittees related thereto, pursuant to the NPDES requirements. 22. The urban pollutant basins shall be maintained by the applicant or it's successor in conformance with all applicable standards. The applicant 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 fails to maintain the basins. 23. TPM 24646 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. 24. Applicant shall obtain approval from 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. 25. Applicant shall contribute a pro rata share of $2,505.00 for the study of Tonner Canyon and SEA No. 15, 26. Any lighting fixtures adjacent to interior property lines shall be approved by the Deputy City Manager as to type, orientation and height. 27. Applicant shall donate $14,000.00 ($3,500.00 per lot) toward publicly owned recreational areas and facilities. 28. The applicant shall enter into an agreement or guarantee, acceptable to the City, that ensures that there will be no future attempts to subdivide the remaining portion of Lot 179 by the Diamond Bar Country Association or it's Board of Directors. 29. All dwelling units shall have the front, side, and rear elevations upgraded with architectural treatment, detailing and substantial delineation of surface treatments subject to the City's Development Review Ordinance. All future residential structures shall incorporate: a. Building forms complementary to the hillside character; b. Building facades utilizing plane changes and architectural treatments to modulate and reduce massive forms; c. Vary roof pitches to avoid a monotonous application while reflecting the naturally occurring ridgeline silhouettes. Avoid flat roofs; d. Avoid cantilevered construction, exposed structures, and stem wall construction; a All proposed roofing material shall provide variation in color, thickness, and architectural style; f. A variety of materials and colors shall be used on the proposed houses to the satisfaction of the Deputy City Manager; and g. Residential development standards contained within the Hillside Management ordinance shall apply. Fire Department 1. TPM No. 24646 is located within the area described by the fire department as "Very High Fire Hazard Severity Zone" (formerly Fire Zone. 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 Department 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 exteriorportion of all structures. 4a 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. Required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of two 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. All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C5o3 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 four additional maps for fire hydrant placement and distribution. 12. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 13. Applicant shall install two public fire hydrants. 14. The private driveways shall be indicated on the final map as "Private Driveway and Firelane' with the widths clearly depicted and shall be maintained in accordance with the Fire code. DRAFT PUBLIC WORKS DIVISION/ENGINEERING CONDITIONS FOR TENTATIVE PARCEL MAP NO. 24646 1. Prior to the approval and recordation of the parcel map, written certification shall be submitted to the City from the Walnut Valley Water District (VWWD) that adequate water supply and facilities; from Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity; and from each public utility and cable television purveyor that adequate supplies and facilities; are or will be available to serve the proposed project. Such letters must have been issued by the districts, utility companies and cable television company within ninety (90) days prior to parcel map approval. 2. A title reportJguarantee and subdivision guarantee showing all fee owners and, interest holders, and nature of interest shall be submitted when a parcel map is submitted for map check. The account with the title company shall remain open until the parcel map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to parcel map approval. 3. All easements existing prior to parcel map approval shall be identified and shown on parcel map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the parcel map in lieu of showing its location. 4. Based on a filed survey boundary monuments shall be set in accordance with the State Subdivision Map Act and local subdivision ordinance and shall be subject to approval by the City Engineer, 5. The Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct all required public and private improvements. If any required improvements have not been completed by Applicant/Subdivider and accepted by the City prior to the approval of the parcel map, Applicant/Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to parcel map approval. 6. Plans for all site grading, landscaping, irrigation, street, sewer, water and storm drain improvements shall be approved by the City Engineer prior to final parcel map approval. 7. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 8. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and National Pollutant Discharge Elimination System (NPDES) permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. All improvement plans and construction must comply with the city's NPDES requirements. GRADING 9. The final subdivision grading plans (1" =40' or larger scale, 24"x36" sheet format) shall be submitted to and approved by the City Engineer prior. to issuance of any building or grading permits and prior to parcel map approval. 10. The Applicant/Subdivider, at the Applicant/Subdivider's sole cost and expense, shall perform all grading in accordance with plans approved by the City Engineer. No grading shall be performed prior to final parcel map approval by the City Council. 11. Applicant/Subdivider shall submit to the City Engineer the detail grading and drainage construction cost estimate for bonding purposes of all grading, prior to approval of the parcel map. 12. Precise final grading plans for each parcel shall be submitted to the City Engineer for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 13. Grading of the subject property shall be in accordance with current codes, city NPDES requirements, city's Hillside Management Ordinance and acceptable grading practices. The final subdivision and precise final grading plans shall be in substantial conformance with the grading shown as a material part of the approved parcel map. No driveway serving building area(s) shall exceed 12% grade. 14. All landslide debris shall be completely removed prior to fill placement or other approved remedial measures implemented as required by the final geotechnical report and approved by the City Engineer. 15. At the time of submittal of the final subdivision grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval. The report shall be prepared by a qualified registered geotechnical engineer and engineering geologist licensed by the State of California. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the parcel map. The report shall address, but not be limited to, the following: a) Soil remediation measures shall be designed for "worst case" geologic interpretation subject to verification in the field during grading. b) The extend of any remedial grading into natural areas shall be clearly defined on the grading plans. c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. d) Gross stability of all fill slopes shall be analyzed as part of the geotechnical report, including remedial fill that replaces natural slope. e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. Unstable slopes shall be redesigned or stabilized utilizing slope reinforcement. f) All geologic data including landslides and exploratory excavations shall be shown on a consolidated geotechnical map using the final subdivision grading plan as a base. g) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plan shall have a minimum safety factor of 1.5. h) All soils and geotechnical constraints (i.e. landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. I) All landslides must be shown on a consolidated geotechnical map. Specific remedial measures shall be implemented pursuant to the requirements of City Code and Ordinances. j) Stability of back cuts (i.e. excavation of natural slopes) must be analyzed. 16. Final subdivision grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. Ali remedial earthwork specified in the final report shall be incorporated into the plans. 17. Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. 18. All identified geologic hazards within the tentative subdivision boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the parcel map as "Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the parcel map. DRAINAGE 19. A drainage study and drainage improvement plans (24"x36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles standards. 20. The Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct all drainage improvements on/off site in accordance with plans approved by the City Engineer. For drainage improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. 21. The Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct all facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. For dewatering facilities not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all dewatering improvements prior to parcel map approval. 22. The Applicant/Subdivider shall provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of the City Engineer. Storm drainage facilities should be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control District. - 23. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Restricted Use Area" subject to flood 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. 24. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the parcel map as approved by the City Engineer, 25. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within that parcel for which a building permit is requested. 26. An erosion control plan shall be submitted to and approved by the City Engineer prior to issuance of grading permits. Erosion control plans shall be made in accordance to city's NPDES requirements. 27. An offer of easements for drainage and drainage improvements to the City of Diamond Bar, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. STREETS 28. Street improvement plans (24"x36" sheet format) prepared by a California registered Civil Engineer shall.be submitted to and approved by the City Engineer prior to parcel map approval. 29. The Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct all on/off site street improvements in accordance with plans approved by the City Engineer. For street improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all street improvements prior to approval of the parcel map. 30. All permanent monumentation shall be set in accordance with general survey guidelines and state regulations. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. For monumentation not constructed prior to parcel map approval an agreement shall be executed, and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all monumentation prior to approval of the parcel map. 31. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 32. Base and pavement on all streets shall be constructed in accordance with a soils report and pavement thickness calculations shall be prepared by a qualified and registered engineer and shall be approved by the City Engineer or as otherwise directed by the City Engineer. 33. Vehicular access must be provided to all "Urban Pollutant Basins with a minimum width of 15 feet, with 12 feet of pavement and with a maximum slope no greater than 15 % unless otherwise approved the City Engineer. 34. Street lights shall be included and shall be constructed to the safisfacfion of the City Engineer. 35. All utility lines shall be placed underground. SEWER AND WATER 36. Prior to final parcel map approval.the subdivider shall submit an area study to the City Engineer and Los Angeles County Department of Public Works to determine whether capacity is available in the sewage system to be used as the outlet for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer and Los Angeles County Department of Public Works. 37. Each dwelling unit shall be served by a separate sewer lateral which shall not cross an y other lot lines. The sanitary sewer system serving the subdivision shall be connected to an approved sewer system. 38. Sewer system improvement plans (24"x36" sheet format, 2 pages per sheet) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer, Los Angeles County Department of Public Works, and Los Angeles County Sanitation Districts prior to parcel map approval. 39. The Applicant/Subdivider shall convey access and property easenent and rights -of - way to the County Sanitation Districts of Los Angeles County, as deemed necessary by the County and City Engineers, for the construction and maintenance of sewer lines and associated facilities, prior to fmal map approval. 40. The Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct all sewer system improvements. For sewer system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted guaranteeing completion of the improvements prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all sewer system improvements prior to approval of the parcel map. 41. The Applicant/Subdivider shall contribute an equitable share of cost, as established by the City, to fund improvements to the Area's main lines pumping stations, etc. required as a result of project development, prior to final map approval. 42. The Applicant/Subdivider shall obtain connection permits) from the City, Los Angeles County Public works Department and County Sanitation District prior to issuance of building permits. The subdivision area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and Los Angeles County Sanitation District No. 21. 43. An Offer of easements for sewer system improvements, as required by the City Engineer, shall be made on the Parcel map prior to parcel map approval. 44. Domestic water system improvement plans, designed with appurtenant facilities to serve all parcels in the land division and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the City Engineer and WVWD. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The main lines shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, W V WD and Fire Department. 45. Applicant/Subdivider, at Applicant/Subdivider.'s sole cost and expense, shall construct all domestic water system improvements. For water system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all domestic water system improvements prior to approval of the parcel map. 46. Separate underground utility services shall be provided to each parcel, including water, gas, electric power, telephone and cable TV service, in accordance with the respective utility company standards. Easements that may be required by the utility companies shall be approved by the City Engineer prior to granting. 47. An offer of easements for public utility and public services purposes, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. 48. Applicant/Subdivider shall relocate and underground any existing on -site utilities as necessary and to the satisfaction of the City Engineer and the respective utility owner. 49. Reclaimed water system improvement plans, designed with appurtenant facilities capable of delivering reclaimed water to serve all common areas of the subdivision designed in accordance with the Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the City Engineer and WVWD. 50. Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct reclaimed water system improvements, including main and service lines capable of delivering reclaimed water to all common areas of the subdivision. For reclaimed water systems not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all reclaimed water system improvements prior to approval of the parcel map. CITY OF DIAMOND BAR COMIITY DEVELOPMENT DEPARTII�NT 21660 E. c.opley.Drive Suite 190 (909)396-5676 Fax (909)861-3117 SUBDIVISION APPLICATION Record Owner --Applicant Diamond Bar Name Co nt 7:�tatas Assoeiation�Satre as Ocvr:er (Las[ namc fast) (Last name firs[) pdaress 22615 Lazy Meadow Dr. s� as �� Diamond Bar same as Owner 91765 Phone( )(909) 861-4114 Satre as Owner .u- �..u- CasaN 7p/ / .2�/� �/.� TP Date Rec d / n 6 9,4 - Fee $ � o -- ReceipW �� 3 3______��_ $yc� F-Pc �- 9� - v� Applicant's Agent Laren Phillips &Associates, Ire. (Last namc first) 1930 S. Brea Canyon Rd., ,$130 Diatttond Bar �1765 Phone( )(909) 396-9636 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, join[ ventures, and directors of corporations.) Consent: 7 certify that I am the owner of the herein described property and permit the applicant fo file this request. q Signed Date � C? _ � � � / � ( ree downers F2 .. t7. s3 . C.c. /1 Certification: I, the undersigned, hereby certify under penalty ofperjury that the information herein provided is correc! to the best of my knowledge. Print Name Dean C. Phillips Applicant or Agent) Signed %%z�12 tz4��� Date 6 /a �l ` (Applicant gent' pOrZ-t-tC'� L7= Location Lot 179 Tract No 30091 MB 789-51/75 (Street address or tract and lot number) between Timliertop Lane and Lazy Meadow Drive " (Street) (Street) R1-40,000 Previous Cases Present Use of Site Vacant 105 H 341 Use applied for Single Family Residences Domestic Wa4:r Source Public Water Compam'/District Walnut Valley Water District Method of Sewage Disposal Public Sewer S:mitr�tion District IA5 Angeles County Grading of Lots by Applicant? A X NO Amount *500 C.Y: cut (Show necessary grading design on site plan or lent. map) .76,500 C.Y. fill ... LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) Portion of Lot 179, Tract No. 30091, MB 789-51/75 Project Site: 5.9 Acres Tentative Map Number P.M. 24646 Gross Area Lots: Existing 1 Proposed 4 Area devoted to : Structures tulknown at this Open Space time Residential project 5.9 Acres and N/A Gross Area No. of floors Proposed Density 0.7 Units/Acre Number and types of Units 4 residential lots Residential Parking: Type Required Provided Total Staff Use Project No. INITIAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: Diamond Bar Country Esta+A= Agc;oja+;nn Loren Phillips & Associates, Inc. 22615 LNAMMeadow Drive 1930 S.ABBrea canyon Rd., Ste. 130 ADDRESS S DRE Diamond Bari CA 91765 DiamondBarS CA 91765 (909) 861-4114 (909) 396-9636 PHONE # PHONE # 1. Action requested and project description: Approval of a tentative Parcel Map and Hillside Conditional Use Permit for a 4 lot a , residential parcel map, 2. Street location of project: E' ly side of Blaze Trail, opposite TimbertoP Lane 3a. Present use of site: Vacant 3b, Previous use of site or structures: Vacant 4. Please list all previous cases (if any) related to this project: 5. Other related permit/approvals required. Specify type and granting agency. Conditional Uca permi- and Oak Tree Permit, General Plan Change 6, Are you planning future phases of this project? Y V If yes, explain: 7. Project Area: Covered by strvcmres, paving: Landscaping: Open space: Total Area: & Number of floors: --c- 9. • Present zoning: R1-4 0 • 10. Water and sewer service: Domestic Public Water Sewers Does service exist at site? l J N YO N If yes, do purveyors have capacity to meet demand of project and all other approved projects? O N Y� N If domestic water or public sewers are not available, how will these services be provided? Residential Projects: 11. Number and type of units: . 4 residential single family residences 12. Schools: What school district(s) serves the property? Walnut Valley Unified School District Are existing school facilities adequate to meet project needs? YES X NO If not, what provisions will be made for additional . classrooms? Non- 13. esidential projects: sensitive use =of 14. : 15. Number of emttloyees and 16. Maximulxfemployees per shift: 17. Ooefatina hours: etc.) 18, Identify any: End p*cts . Waste products Means of disposal 19, Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO If ye\explain 20. Do your operations require any pressurized tanks? YES NO If yes, explain 21. Identify any flammable, reacte or explosive materials to be located on -site. 22, Will delivery or ship eat trucks travel through residential areas to reach the nearest highway? YES NO If yes, expla' B. ENVIRONMENTAL INFORMATION 1.4 Environmental Setting-40ct Site . a. Existing use/structures Vacant Land *c. Vegetation Trees and brush typical of the area. survey crew or the arborist during site visits. *e. Watercourses No significant watercourses. ' f. Cultural/lustoricalresources There are no cultural or historical aspects relating to this site. Other 2. Environmental Setting -- Surrounding Area a. Existing uses structures (types, densities): Single family residences, R-1-20,000 & R-1-4,000 zoning b. Topography/slopes Graded pads & slopes with natural terrain mixed in *c. Vegetation Trees and shrubs as .well as lawn - and landscaped area *d. Animals Dogs, cats, horses *e. Watercourses No siclrti.ficant water courses f. Cultural/historical resources There are no apparent cultural or historical aspects. g. Other * Answers are not required if the area does not contain natural, undeveloped land. 3, Are there any, major tre* the site, including oak trees? . yE$ NO If yes, type and number: There are 192 .treesr Oaks and Walnut (see arborist's.report) q• Will any natural watercourses, surface flow patterns, etc., be changed through project development? YES NO If yes, explain: Surface flow w i 11 hP banner) a„o to proposed design but it will remain in Sama haair direction. 5. Grading: Will the project require grading? YES NO If yes, how many cubic yards? Cut=151500 C.Y. Fill=76 r500 C.Y. Will it be balanced on site? YES NO If not balanced, where will dirt be obtained or deposited? Unknown at this time (, Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? OYES NO If yes, explain: Landslide - to be removed• potentially unstable cut slopes. will be buttressed. 7. Is the property located within a high fire Lazard area (hillsides with moderately dense vegetation)? YES NO Distance to nearest fire station: g, Noise: Existing noise sources at site: None at this time. Noise to be generated by project: Normal construction noise. Fumes: Odors generated by project: No. Could toxic fumes be generated? No. 9. What energy -conserving designs or material will be used? Unknown at his time. J: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date Signature For: GIyiPC.c) f�5//Cc e�evj Cr 1/V c r OAK TREE STATEMENT [ J The subject property contains no oak trees. [ J The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. �[ �] The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of any oak tree. an Oak Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's S'gnature) > Date T,7 ., qp.<�. �i Environmental Information Form for Residential Proiects General Information: Date Filed: Pertinent Permits/Applications: Project Information: (To be completed by applicant) C.U.P. (Hillside) -Oak Tree Perntit General _ Plan Change/Atrendtt�rtt I. Name, Address and Phone Number of Project Sponsor: Diattaund Bar Country Estates Association c/o Jim Gardner 22615 Lazy Meadow Drive --- '- - T)iatrond Bar,_CA 917fi5 (9h91 Rti1-d"11t� 2. .Name, Address and Phone Number of Key Contact Person(s): Loren Phillips &Associates, Inc. Attn: Dean C. Phillips 1930 S. Brea Canyon Road, Ste. 130 t-li armnrl 'Rare t,n A�7F5 � (909) 396-9636 3. Project Address: Fast of Blaze Trail —opposite Timbertoo Lane 4. Project Assessor's Block and Parcel Number(s): look 8713, Paste 33, Parcel 3 Other Identification (other recorded/map location information): Portion of Lot 179 Tract No. 30091 MB 789-51-75 6-A. Does the project require any of the following actions by the City: YES NO Variance: X Conditional Use Permit: X Zone Change: General Plan Amendment: 6-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: Public approvals of a tentative map, final map, Conditional Use Permit, General Plan Pmendtrent and Oak Tree Permit 7. band Use Designations: Adopted General Plaa Designation: OP -open space Adopted Zoning: R-1-40,000 8. Proposed Specific Use of Site: The proposed.project is a four lot parcel map for sinale family residences. The four lots are a portion of Lot 179 of Tract No. 30091. The remaining part of lot 179 will be considered a "Remainder Parcel" and will not be included as part of the subdivision. Project Description 9-A, Site Dimensions and Gross Area: The site is approximately 580' X 440'. The gross area of the proposes site is 5.88 acres. 9-B. Legal Description of the Protect: (attach copy to this form if necessary) The subdivision will be a portion of Lot 179 of Tract No. 30091, MB 789-51-75. 10. Project Detail 6=4t- Attach a separate page of descriptive data for each housing type included in this project: a. Number of Housing Units by type. b. Floor Area by type (minimum, maximum, and average square footage). c. Number of floors (stories) for each type. d. Housing market targeted (demographic profile). e. Estimated market sales price or estimated market rents. f. Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.). g. Minimum lot size. (Net lot area, not including Right -of -Way). h. Maximum lot size. (Net lot area, not including Right -of --Way). i. Average lot size. (Net lot area, not including Right -of -Way). j. Number of lots which do not meet City Standards. 11. Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the project site, are a Southern California Elision easement and a easement along the westerly boundary, as well as a drainage easement in the northwest portion of the project. Also, there is a Los Angeles County sewer easement that is blanket over all of Lot 179 of Tract No. 30091. 12. Associated Projects: (Projects or potential projects which are directly related to this project, ie: potential developments which require completion of this project): There are no proj.Pcyt- assoriated with this applirai-inn_ 13. Describe soy anticipated Phasing for this project: (Number of Units &Time Frame) There is no anticipated phasing of this proiect. 14. Attach one copy of each of the following: a. Preliminary Soils Repoli b. Preliminary Geologic Investigation. c. Drainage Study. d. Topographic Map highlighting any existing slopes of 25 yo or more. e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25 % or more. f. Photographs showing the site from different (ie: north, south, east, west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. Are the following items applicable to the proposed project or its effectr? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading: Maximum depth of excavation: 11' Maximum depth of fill: 38' Quantity of soil moved: 76 . S00 cubic yards. Will there be an on -site balance of cut and fill?: No Quantity of import/export:70,000 C.Y. + 16. Viewshed: Describe any change in the appearance of the site resulting from the project as proposed. Ther-site currently slopes from the west to east in a natural state. The proposed design will result in graded pads that will step downward from west to east in an attempt to maintain the same basic pattern. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into an existing neighborhood? How will it relate to the size, scale, style and character of the existing surrounding development?) The proposed project will very strong fit`into the . snr"rotuidinQ-development� - -'Thp st„":^oun3.inL�,arPa'isna 'sile `family houses designed on hillside lots and the size scale and character will be on the same basic level. I8. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity. (ie: Will the flow of any pezrttanent or intermittent surface/subsurface water change as a result of this project? How?: Will there be any injection wells, septic systems, or other facilities which may affect surface or subsurface water quality?) Thp.rp will hp nn signifiapnt rhangas in tbp existing drainage patterns The only chancres will be from the ps4;oRpd =ad;na and there will be no significant diversion of surface or ground water. 19. Describe any long-term noise and/or vibration which may occur as a result of this project: (after construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now?) This,p rr)�pr!t will not a Se any long term nni ca a f-Pr construction. 20. Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built on filled land). The proposed lots.are to be constructed on cut lots and fill lots. The fill is located at the easterly portion of the site. Please refer to the Soil and Geological report for more information. 21. Do any significant trees ezist on the project site now? Describe the effect tins project will have on them. (ie: Oak and Walnut trees are considered significant. Describe whether the proposed project will disturb or cause removal of any of these trees). The proposed site has 192 trees on it, consisting mainly of oaks and walnuts. Due to the nature of the soils and the proposed grading, we do not anticipate saving any trees in place. See Arborist's report. 22. Is [he project site located in a national, state, regional or locally designated area of historical, environmental or other significance? If so describe. (ie: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) Not Applicable Environmental Setting: 23. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability; slopes, drainage, scenic quality, plants and animals which may exist on the site now, and any existing structures and the existing land use of the project site. The existing site is a vacant portion of the land within the Diatrond Bar Country Estates Association. The site slopes frcztt west to east with various percentages of slope. There are no existing structures within the limits of the proposed site. The site consists of trees and brush typical of the area I 1 Describe the surrounding properties (synopsis). This narrative shall inclu3e a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi -family, density, commercial, professional, etc.), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. The surrounding properties are single family residential nU=s with graded pads and slopes. There are existing tennis COurts and recreation room to the north. The plans and trees .are topical of ' the area as well as lawn and landscaping. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. All information is to the best of my knowledge, belief and ability/to determine factual, true, correct and complete. Date: l /" le-) Signature: �`�'C��C�/ For Ge>2eJtl �/f/[c el i�'.�/ Ste'. /r Completion of this form is required to begin review of a project. Information within this form and the required attached materials will assist the City in determining whether a Negative Declaration may be granted, whether a Mitigated Negative Declaration may be granted, or whether Environmental Impact Report shall be required. Revised 1/95 Subdivision (909)396-5676Wnz (909)861-3117 CONDITIONAL USE PERMIT APPLICATION Deposit $ Receipt# 3 0 s Record Owner Applicant Applicant's Agent Dianond Bar Country Same as Owner Loren Phillips & Associates Inc. Name Fgi-At Aar ni a+inn r (Last name first) (Last name first) (Last name fast) Address 22615 Lazy P�adow Dr Zip 91765 Same as Owner 1930 S. Brea Canyon Rd.. (`r130 Di =nd Bar g1Z65 Phone() (909) 396-9636 NOTE: I[ is the applicant's responsibility to notify [he Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including rames, addresses, and signatures of member of partnerships, joint ventures, and directors of corporations.) Consent: 1 e'e/�'Lttfy that 1 a the owner of;�Jh/�e/ha/ereAin described property and permit the applicant lo,file thin request. Signed/C/ !%� 1'�C-` G Date %J CerHfuation: I, the undersigned, hereby certify under penalty ojperjury /hat the information herein provided it correct fa the best ojmy knowledge. Priest Name Dean C. Phillips Applicant or Agent) Signed Date (Applicant or Agent) Lot 179, Tract No. 30091, MB 789-51/75 (Street address or tract and lot number) R1-40,000 Previous Present Use of S HNM 105 H 341 Use applied for Hillside Conditional .Use Permit as 'required bathe Hillside Management Ordinance Project Size (gross acres) 5.9 Acres Project density Domestic Water Source Public Water Companystrict Walnut Valley Water D1StY1Ct Method of Sewage disposal�t!w y SewerSanitation District Z A Grading of Lots by Applicant? Yes Nc (Show necessary grading design on site plan o twit map) 7/ CONVSONAL USE PERMIT BURDEN OF PRVW In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will noi: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. The pro;Dosed project will not affect the health. zoeace. f.T.'. has been unuseable Yor quite some time. Also, the Aroiect will not 3epordize, en er or constitute a menace to the public health, B. That the p sPWi$f� shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. The proposed project is adequate in size to accommondate the C. That the proposed site is adequately served: By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. The project is served by existing improvements, B1aze.Trail, ana there are exist�.t�g utu cues witn�st the exist�.ng street as well as with -in e existing Basemen s. wet ancL water are existing and acLequate to serve the site. The proposect project 9111 no effect the quana. y of traffic s i y. LEGAL DESCRIPTION (all owajup comprising the proposed lots)/parcel(S Portion of Lot 179 of Tract No. 30091, MB 789-51-75 Area devoted to structures u/a Landscaping/Open space u/a Residential Project: 5.88 acres and 4 (gross area) (No. of lots) Proposed density 0.7 (Units/Acres) Parlang Required Provided Standard Compact Handicapped Total CIT�OFDIAMOND BAR CO Way DEVELOPii1ENT DEPARTMEN* 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 ZONE CHANGE/ZONING CODE AMENDMENT/ GENERAL PLAN AMENDMENT APPLICATION Record Owner Diamond Bar Country Name 1'.C'F.'i'FPC Acenri a+inn (Last name first) Address 22615 Lazy Meadow Dr. City Diamond Bar 91765 Phone( ) (909) 861-4114 Applicant Same as Owner (Last name first) Phone( ) CC// Case# / F� - L DateRec'd i /o /mac Fee$ Receipt# 4 0 3 3 5 FPC 4, 96'Yo Applicant's Agent Loren Phillips & Associates (Last name first) 1930 S. Brea Canyon Rd., #130 91765 Phone() (909) 396-9636 NOTE: It is the applicant's responsibility to notify the Community Development Duector in writing of any change of the principals involved during the processing of this case. (Attach separate sheet; if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) _ Consent: I certi/y that I am the owner of the herein described property and permit the applicant to ftle this request. Signed i/it/Gp C% Ivt" ` Date �'D•F3.c.�_�t. Certification: I, the undersigned, hereby certify underpenalty ofperjury that the information herein provided is correct to the best of my knowledge. Printed Name Dean C. Phillips plicant or Agent), Signed l//y=� l //Ci Date (Applicant or Agent) Location Lot 179 Tract No. 30091 MB 789-51-75 (Street address or trect and ]ot number) TimUertop Lane (street) and Lazy Meadow Drive (street) Zoning: Current R-1-40000 propo�: R-1-40000 HNM 105 H 341 Project Size (gross acres) 5.88 Acres Previous Cases Present Use of Site Vacant Land Project Density 0.7 units/acri.ot Coverage: unknown G 9 Use applied for to change General Plan .from OP (open space) to RR (rural residential) which is consistent with the existing zoning (R-1-40000) Domestic Water Source Publ* ter Company/District Wall` Valley Water Distrit:t Method of Sewage Disposal Public Sewer Sanitation District Los Angeles County Grading of Lots by Applicant? YES X NO Amount 15,500 C.Y. cut (Show necessary grading design on site plan or tent. map) 76 , 500 C.Y. fill LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) n, 4nn of Tn1- 179. Tract No. 30091, MB 789-51-75 Zone: From Aces To Aczes GENERAL PLAN CHANGE -BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts. Answers must be made complete and full: General Plan A. Modified conditions warrant a revision in the Sawk plan as it pertains to the area or district under consideration because: The subject property is part of the Private land of the Diamond Bar Country Estates Association wherein the general public of the City of Diamond Bar will not be effected by this change. The property is in the middle of the private area and will not be seen by the general.public.. B. A need for the proposed%cl�ssPcaantion exists within such area or district because: nerThe land to be developed.merely fills in a gap between developed areas and is not part of the useful area of .the open space park. General Plan C. The particularpropeny under consideration is a proper location for saidgzpp classificationwuhm such area of district because: The existing zoning is R-1-40000 which is consistent with the surrounding area and the surrounding General Plan designation is R.R. (Rural Residential) General Plan D. Placement of the proposed z`�at such location will be is the interest of public health, safety and general welfare, and in conformity with good zoning practice because: The existing zoning is R-1-40000, which will remain and the proposed project will be in conformity with the surroundings thereby not causing any public health, safety or general welfare changes to the subject site. ' Use additional sheets as necessary CIF DIAMOND BAR COb TTY DEVELOPMENT DEPARTDIEN'1� 21660 B. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 OAK TREE PERIIIT APPLICATION Record Owner . Diamond Bar Country Name Fgtni-ps Aggcriation (Last name first) Address 22615 Lazy Meadow Dr city Diamond Bar 91765 Applicant Same as Owner (Last name first) Same as Owner Same as Owner Sarre as Owner By case# o Date Recc' 'd / � cJ 6 9i Fee S Receipt# 30�?5 ? P� 9C -yv Applicant's Agent Loren Phillips &Associates, Inc. (Last name first) 1930 S. Brea Canyon Rd., #130 91765 Phone( ) (909) 861-4114 phone( ) Satre as Owner phone( ) i909) 396-9636 NOTE: It is the applicant's responsibility to notify the Commuivty Development Duector in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that 7 am the owner of the herein described property and permit the applicant to file this request. p Signed GVk> Date c> % f. (All' id owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name Dean C. Phillips (Applicant or Agent) Signed //G=� �I �- Date (Applicant cr Agent) Location (i.e. address or general description of location) and legal description of property in question: (trse additional sheets as necessary) por-r�o.0 :.r __Lot 179, Tract No. 30091, MB 789-51-75 How many oak trees will be cut, removed, relocated or damaged? 95 oak trees to be removed. How many oak trees will remain? Possibly 7 oak trees could remain, but might be damaged by grading. Will trees to be removed be replaced? Undecided. If yes, indicate the proposed size, type, location (indicated on site plan) and schedule for planting. Are trees to be relocated? N If yes, identify who will move them and their qualifications for doing this. BURDEN OF PROQ� Submit additional sheets describing how the following findings will be satisfied. . A. That the proposed construction or proposed use will be accomplished without endangering the health of the remaining trees subject to this Part 16 Chapter 22.56, if any, on the subject property, and B. That the removal or relocation of the oak trees) proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated, and C. 'That in addition to the above facts at least one of the following findings apply: That the removal or relocation of the oak trees) proposed is necessary as continued existence at present locations) frustrates the planned improvement or proposed use of the subject property to such an extent that: a. Alternative development plans cannot achieve the same permitted density or that the cost of such alternative would be prohibitive, or b. Placement of such trees) precludes the reasonable and efficient use of such property for a use otherwise authorized, or 2. That the oak trees) proposed for removal or relocation interfere with utility services or streets and highways either within or outside of the subject property and no reasonable alternative to such interfere exists other than removal of the tree(s), or 3. That the condition of the oak trees) proposed for removal with reference to seriously debilitating disease or danger of falling is such that it cannot be remedied through reasonable preservation procedures a/nd practices. Date: � U — iy � � � Applicant's Signature �J/�� u'� a ut ��t .Y • t a :. Y:Tat�utYY Two (2) oak tree reports certified by the applicant to be true and correct and acceptable to the Community Development Dtrector is required for each tree shown on the site plan. Each report, required by subsection 5 below, shall contain the following information: 1. The name, address and telephone number during business hours of the prepazer. 2. Evaluation of the physical structure of each tree as follows: a. The circumfere of the trunk measured four and on -half feet natural grade, b. The diameter of the tree's canopy establishing the dripline. c. Aesthetic assessment of the tree' considering factors such, as but not limited to, symmetry, broken branches, unbalanced crown, and excessive horizontal branching. 3. Evaluation of the health of each tree as follows: a. Evidence of disease such as exfoliation, leaf scorch an exudations. b. Identification of insect pests such as twig girdler - borers, termites, pit scale and plant parasites. c. Evaluation of vigor such as new tip growth, good leaf color, poor leaf color, abnormal bark, deadwood, and thinning of crown. d. Health rating based on the archetype tree of the same species. e. Recommendations to improve tree health such as, insect or disease control, pruning, and fertilization. 4. Evaluation of the applicant's proposal as it impacts each tree shown on the site plan including suggested mitigating and/or future maintenance measures where required and the anticipated effectiveness thereof. 5. The location of all oak trees subject to regulation under the provisions of Section 22.56.2060 and 22.56.2070 of the Zoning Ordinance, proposed to be removed and/or relocated or within one hundred feet of proposed construction, grading, landfill or other activity. Each tree shall be assigned an identification number on the plan which shall be utilized in the oak tree report and for physical identification on the property where required. The dripline shall be shown for each plotted tree. The requirement for an oak tree report may be waived by the Community Development Director where a tree is proposed for removal aad such information is deemed unnecessary for processing the application. BURDEN OF PROOF ATTACHMENT FOR BURDEN OF PROOF FOR OAK TREE PERMIT APPLICATION A. The proposed project can be accomplished as per the proposed plans without endangering the remaining trees outside the limits of the proposed grading. This is due to the fact that outside the limits of the proposed grading we do not anticipate approaching any of the existing trees. Be The removal of the oak trees within the limits of the proposed grading will not result in soil erosion through the diversion or increased flow of surface waters because the preliminary design has taken into account typical drainage design for this type. of project. Pad areas have been designed to either drain to the proposed street or to a drainage device which will eventually reach an energy.dissipater typical of this type of project. C. The removal of the oak trees is necessary in order to fully utilize the subject site and the use as designated by the R-1- 40,000 zoning. Any type of development on the subject site attempting to achieve the permitted density would require the removal of oak trees. Also, in order to obtain the proper access to the property, removal of the oak trees is required in order to fully provide utility services and paved access. The current soil conditions combined with the proposed development leave absolutely no alternative but to completely remove all trees within the proposed graded areas. This is due to the fact that to properly design a buildable area in compliance with the City standards, the soil conditions require that proper removal and buttressing of slopes occur within said area. Lastly, a review of the Oak Tree Report as prepared by Dr. Fred Roth indicates many of the trees are not in good condition. Please refer to said report. Sep-04-97 02:48P BonTarra Consulting Inc. 714 475-9522 P.02 iI Iff effif Consulting An L'neironmental Planning /Resource Aldndgemmt C070rdiimt September 3, 1997 Ms. Ann Lungu Community Development Department City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 Subject: Biological Resources Assessment For Parcel Number 24646, Diamond Bar, California Dear Ms, Lungu: On September 3, 1997, Ms. Ann M. Johnston, Senior Ecologist with BonTerra Consulting, and yourself conducted a site investigation of Tentative Tract Parcel Map No. 24545 ( proposed project) located in the City of Diamond Bar, Los Angeles County, California. The project site is bordered on the west by Blaze Trail, and on the east, north, and south by natural open space. Based on our review of the Development Plans for the proposed project, the majority of the natural land forms and vegetation would be removed to accommodate grading for the residence. The project site is approximately six acres in size. During the site survey by Ms. Johnston, special attention was given to the following biological resources: (1) state or federally listed threatened, endangered, or otherwise rare plant and wildlife species, (2) locally designated species (e.g, heritage trees), (3) locally designated natural communities (e.g, coastal sage scrub). (4) wetland habitats, and (5) wildlife movement corridors. Two plant communities dominate the project site: annual grassland and Oak/walnut woodland. The presence of annual grassland usually indicates signs of past disturbance which have resulted in the conversion of native plant communities (such as native bunch grass grassland or coastal sage scrub) to annual grasslands dominated by non-native grasses and forbs of Mediterranean origin. The non-native grasses and forbs that dominate the project site include soft chess (Bromus hordeaceus), ripgut grass (Bromus diandrus), and (oxtail chess (Bromus madritensis ssp. rubens). The grassland areas appear to be routinely disced for weed maintenance or fire maintenance. The remaining areas within the project site are dominated by oak/walnut woodland. The woodland is comprised of two tree species: California walnut (Jug/ans califomica) and coast live oak (Quercus agrifolia). Associated understory is limited due to the discing of grasslands outside of the tree canopies. Those shrubs that are present include poison oak (Toxicodendron diversdobum) and toyon (Heteromeles arbutifolia). No plant or wildlife species listed as threatened or endangered by state or federal resource agencies are expected to occur on the site, based on the plant communities present and the current level of disturbance from discing. In addition, no wetland habitats that meet the Army Corps of Engineers or California Department of Fish and Game jurisdictional requirements are present within the project boundaries. With regards to potential project impacts, the project site does support oakiwalnut woodlands, This plant community is of regional concern to the City of Diamond Bar and Los Angeles County. The project grading would result in the loss of approximately 81 California walnuts and 26 coast live oaks (Roth, 1996). This is considered a significant impact of the project. However, the City of Diamond Bar has an Oak Tree Permit Ordinance that provides for the replacement of impacted oak trees at a ratio of 2 to 1(for every oak tree impacted, two replacement trees would be provided). Although not regulated by ordinance, walnuts have 20321 Burl, Seal, Sul1e 201 - Newpon Bnuk, CA 92660 (714) 475.9520 . (714) 475-9521 FAX Sep-04-97 02:48P BonTerra Consulting Inc. 714 475-9521 P.03 Ms. lungu September 4, 1997 Page 2 been afforded a "policy" of replacement by the City of Diamond Bar when impacted by construction. The current "policy" mitigation ratio for impacted walnuts is 2:1 It is also the City's policy to mitigate for the loss of walnuts onsite. Compliance with the City's Oak Tree Ordinance and walnut replacement policy will mitigate the project impacts to these resources to a level that is less than significant. Documentation confirming the mitigation ratios, the onsite locations of the replacement trees, and the replacement tree container sizes should be submitted to the City of Diamond Bar prior to approval of grading plans for the proposed project. If you have any questions regarding this assessment or any additional resource management or environmental planning issues, please do not hesitate to call either of us. Respectfully submitted, BonTerra Consulting Ann M. Jo,; Senior Prct Manager/Ecologist References: ho�h,f/ Principal Roth, Fetlerick, Ph.O., October 1996. Arborist Report, Parcel Number 24626 in the City o) Diamond Bar. ARBORIST REPORT PARCEL NUMBER 24646 /N THE C/lY OF D/AMOND BAR OClOBER �996 FREDERICK ROTH, Ph.D. CONSULTING ARBORIST SUMMARY:. 81 Jug%ans california and 102 Quercus agrifolia which qualify for preservation were found on the proposed tract. 8 J. california and 33 Q. agrifolia (considering tree 70 and 70A) are of sufficient quality to justify preservation. All of the J. californica and 26 Q. agrifolia are located in areas requiring mass grading which will not allow preservation in place. The only option for preservation of these trees is relocation. Relocation of J. californica is not recommended because of its poor quality as a landscape tree. Of the 7 Q. agrifolia which can be preserved in place, alteration of the grading plan will be required only for trees 70170A, 78 and 188. CONCEPT: I have been requested to prepare an arborist report in preparation for site grading and construction of tract 24646 in the City of Diamond Bar. The arborist report is produced in accordance with the requirements of tree protective ordinances used by the city. Grading plans for the development of 4 residential lots on the parcel require major grade changes and are not consistent with the preservation of trees on the site with the exception of a small number of trees lying outside the areas to be graded. These will be more thoroughly discussed below. The goal of this study is to identify those trees which are strong enough physiologically and of sufficient quality to justify alterations in the plan to allow them to remain in their locations or to be relocated. PROCEDURE: The site was surveyed and the location of Quercus agrifolia and Juglans californica were plotted and given an identifying number on the tentative grading plan by Loren Phillips and Associates. The majority of the trees were plotted before the tree study commenced, but a small number of trees were added during the progress of the survey chiefly due to a change in the grading plans. These trees were located on the grading plan by a second ground survey. During the month of September the consulting arborist located each surveyed tree on the site and attached an aluminum tag with the identifying number. The information required for this report was then recorded. Where possible, the tags were located on the north side of the trunk, but if they were hidden by shrubbery or branches in this location, they were placed in another conspicuous location. The information recorded for each tree is as follows. Diameter of the trunk was measured with a diameter tape at 4.5 feet above average grade. For multiple trunked trees the diameter of each trunk is separated by a slash in the accompanying table. Canopy spread was estimated in 5 foot increments and entered in the accompanying table with 5 feet added. When a canopy was irregular, the largest dimension was used. The condition of the crown was assessed on a 5 point scale based on the physiological health of the tree. A rating of 1 is given for a full, healthy crown with normal shoot growth during the current season and good leaf color. A rating of 2 was given for a tree which showed less shoot growth than expected for the healthiest of trees and for which the crown was thinner and the leaves less well colored than the best of the trees of the species. These are still healthy trees but which could be stronger. It is judged that trees in category 1 and 2 are in good condition with an indefinite life span ahead and should be able to tolerate unavoidable stresses caused by construction and grading operations or by relocation. A rating of 3 was given to trees which have significant twiggy deadwood in the outer crown areas, little shoot growth and poor color. These are trees in moderate decline. A rating of 4 was given to trees with dieback of heavy wood in the crown accompanied by epicormic sprouting. These are trees which have been in decline for some time and are showing severe damage. A rating of 5 was given to trees which are dead or nearly dead. Trees rated 3 or higher are not suitable candidates for any effort which requires changes in the grading plans nor should they be considered for relocation. A second rating on a 5 point scale was given on the basis of appearance and on structural condition. Trees with a rating of 1 are structurally stable and have a crown which is typical of the species when growing in the open where there is adequate room for full crown development. A rating of 2 was given to a tree with structural problems or some degree of crown distortion which is considered minor. A rating of 3, 4 or 5 indicate a tree with progressively more severe distortion such that they would not make acceptable landscape specimens or have such severe structural problems that they are likely to fail in the future. Thus trees rated 3 or higher for appearance/structure are not acceptable landscape specimens and are not suitable candidates for any effort which requires change of the grading plans nor should they be considered for relocation. Comments which describe the specific problem are entered in the remarks section for all trees rated 3 or higher for structure/appearance. The most common cause for such a rating for Coast Live Oak trees was distortion of the crown by neighboring dominant trees. In many cases the crowns were entirely one sided and in the worst cases the trunks were bent and growing nearly horizontal to the ground. In the case of Southern California Black Walnuts, the most common reason for a rating of 3 or higher was the absence of reasonable tree -like structure in that the crown was very short and composed of many small trunks. The description "short and shrubby" indicates such trees. RESULTS AND RECOMMENDATIONS: The total number of entries in Table 1 is 196. This includes 4 trees noted with an "A" on the tag number. 183 of these entries are associated with a tree of the two protected species, Juglans californica and Quercus agrifolia. 102 of these are Q. agrifolia. The remaining sites were occupied by a different species or no tree was found. The tree ordnance used by the City of Diamond Bar protects trees which have a diameter at 4.5 feet of 8 inches, or if multiple trunked, having a combined diameter of 12 inches for any two trunks. 139 trees meet this qualification; 74 of these are Q. agrifolia. Of the trees which are large enough to qualify for protection, 8 J. californica and 32 Q. agrifolia have ratings of 1 or 2 for both condition and structure/appearance and are therefore suitable for preservation. All 8 of the J. califomica are in locations which will not allow preservation in place due to grading requirements. Since this species is a poor landscape plant, I do not recommend preservation by relocation. Of the 32 Q. agrifolia which are suitable for preservation, 26 trees are located in areas requiring grade changes which are not consistent with preservation in place. The only option for preservation of these trees is relocation. Four trees are in locations in which they may be preserved in place with no alteration of the grading plan. Three trees can be preserved in place with some alteration in the grading plan. These seven trees are numbers 17, 78, 144, 183, 187, 189 and 70. These trees are discusses individually below. Tree 17. Grade change is not required and the tree should not be impacted by construction.. Tree 78. The tree stands approximately 6 feet to the south of the margin of grading. The grade change required under the canopy is relatively minor and should be consistent with the tree's survival in place. The plans should be altered to avoid disturbance of the soil surface within 10 feet of the trunk of the tree. Tree 144. This tree is located 7 feet south of the margin of grading. This is a relatively small tree and will not be disturbed by the proposed grade change. Tree 183, Standing 9 feet to the south of the margin of grading and with little change of grade planned under its canopy, there is little threat to this tree if preserved in place. Tree 187. Standing at the north east corner of the graded area and With grade change planned over less than 1/4 of the canopy area, there is very little disturbance of this tree by the proposed grading plan. No alteration will be required to preserve this tree in place under the current grading plan. Tree 189. This is the largest tree on the parcel. Standing approximately 10 feet from the margin of grading, this tree is a concern because of its great size. To insure minimum impact of grade change on this tree, the plan should be altered to prevent disturbance of the soil surface within 20 feet of the trunk. When evaluated as a separate tree, tree 70, composed of two trunks is not suitable for preservation because both trunks lean sharply away from 70A. However, considered in combination with 70A, a walnut, the two make an attractive specimen and should be considered suitable for preservation. The combination can be preserved if the grading plan is altered to prevent disturbance of the soil within 10 feet of the trunk. PRESERVATION OF TREES DURING CONSTRUCTION: In order to prevent injury to the trees and insure that grades remain undisturbed where required, construction fences should be installed 5 feet beyond the drip line or all trees which are to be preserved in place. Work will take place inside the fenced area only as necessary to accomplish the required grading. Avoid using heavy equipment where it will be necessary to operate under the drip line of the trees in locations where the grade is to be raised. In locations where it is not feasible to prevent traffic over the root system of a tree to be preserved, 12 inches of mulch material such as chopped tree waste should be placed over the root system. Respectfully submitted, October 7, 1996 jK0 Frederick Roth, Ph.D. Consulting Arborist 6276 Mayberry Ave. Rancho Cucamonga, CA 91737 (909) 987J165 W N O a O a mm 0 0 Z UO u LL a ao fn Z W LU � N W J H W W Oa xz L Oz U O � U Q: 1- W U) �O U a� = Z T V Li J n EE E U v� m U � � m N G 0 v 0 u. 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CL G G •� 7 7 O O 'O = 'c Co U U U U U U Q 2 U da r r r r CO LO to l0 M co V N M d' N r r r r r CO CO N 4P CO N N N N N O LO Cl LO LO O Vn Vn m o Ln o V)us) O Lo N to N r rqRT N to co N N UM) LO N N it Ih LO 00 O CO CO 0) co cP O O O co O co00 N O co Mt r r 0 W r t\ r M r 00 r N r r N r r coN co co M W V N I� N m m m m m n3 m mm ns 0(D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 `a� rn m m to � ca m ca 0 0 0 0 0 0 m m as � ns ca 00 N N N () N N N N N N N N N N N N N N N O O O = = O o O o O o = i 2 m m m m m m 2 rn rn � o) a)0)cm 0) 0) ���a�: M") � � —3) W*43 n W O O r N M rl' LO 0P� O M O r N Mq;t LO O r r r r r r r r r r r r r r r r r r § k � \ k / § ƒ * E % § \ m { c / 7 k > � e § 2 n o N a � % g \ g g N w w = _ ® 010 % $ 3 # 2 ) / @ 7 a { / 0 $ / // \\/ k ) ) (2 ) ] o J 4 3 0 � CO = o � cq 2 / 2 a » 2 E ` ƒ k 0 5 0 @ $ % ec E ƒ) \ 0 ƒ} °° a a ® % 2 §o\«e t = §2 2 G= cc © ] - k ]£ »_ \ ■e :2 =CU 0� E \ 2 $ - m \ e o & & / ca e £ of &t = § \\ kk K\%cn a) }\ ,I§ a co f ¥ e - �e : $ ac 2®®® °_ {gig 5)a) j< \0/ \).0 �} S}{ ) k§ \moo Cam= e= k2 �7co /$° ( f o 2 (D 0 222 e0w =0 g> df%Igf/ cc m )a �/Q j}f \/ $ E/ E7}%E �)c �cc$®uE2 /#Q �oa{n§ S )}®2\ce }o_ _ \=Qaƒ\\gam0m akM >ooa UCa)k/=\ccCUa;�c�= E cts 0. ° 0 \k)/§-() :3 �§&%e °�fR \q7£&/f77CL 2Icrn 0\%yfa E%0ma a�)ll£� /02 (D0/{)p2 §±td§2k0 .0) �0Ez5 00 wa5 �W w 4a e Appendix C Notice of Completion State of California Office of Planning and Research 1400 Tenth Street Sacramento, CA 95814 /tlEGs*;wft✓e 7WPIC+�O . /Vus 97- 42f 7 �L3liil T����aNZM1��.i1�3�i1•�i/u.3i��3.L�3w•Tntrl"JTF 39UI rG '( �PDiroSFti to P �%74-� (oE:J�¢aL�L/tn/ Lf7NDLIGf �GStGnIAffONFaR S.FlPf�CR£S pest ptio o Name, Purpos , and Beneficiaries of Project �— w1ri'1nj A /32A�iPc ppuc£t�, Li�N�� DE5GN�+f70N rvrtl CN�aneg FPou opeN�ioAer %O ,/Z' 04 ll11L4 PAL�XwX D��N ZjyMO: yLoyoswL iNcLc[oE5: SuBDr✓rn,rsG 7i1� 5.�flAae�s F°litLofs 15ArW A WAll"UM OF OMOAI'rR j FO)z &r*9 f5OW7 c�s-L.7;WV04OpMEX/7' OF rc0U.e. IjJA ke, 7x iPV (flitl5�0riA }�pn1ES' %7b�E �BMO✓tom F liL�GEWL/ OF D�Lk r.,rMOVFIL 00 fl "Ax p —>% ?o 1. ✓is/ 0 tiJ Gi�17I� /� 199T 7D �rDB�, e!14 /i77 ReVjeyV KriOcl Reeised dlarch 1986 Notice of Completion n and Environmental Document Transmittal Form See NOTE below Mail to: State Clearinghouse, 1400 Tenth Street. Sacramento, CA 95814-916/445-0613 SCH M 1. Project Title ?Weer Np•/ No 4el� y� 2. Lead Agency 1 O 3. Contact Person _�'A/A/ .J kuAfGU 3a. Street Address oZ LiLO E. O O' �- 3b. CityOM 3c, County 3. Zip /7&.5 3e. Phone. oq 39G %& Project Locatic a • 4. CounC, __ ' 4a. City/Community / 4b. Assessor's Parcel No, Z•!';'9 4e. Section Tcp. 5a, Cross Streets EL15 5b, For Rural, Nearest Community. 6, Within 2 miles: a. State wyI_ b, Airports c. Railways it. Waterways 7. Document type CEQA: 01. ❑ NOP 05 ❑ SupplcmenUSubsequent EIR NEPA: 09. O N01 02. O Early Cons (Prior SCH No.: ) 10. O FONSI 03. O \eg Dec 06. 0 NOR 11. O Draft EIS 04. O Draft EIR 07. 0 NOC 12. 0 EA 08. O NOD OTHER: 13.0 Saint Document 14.0 Final Document 15.0 Other 8. Local Action Type 01. 0 General Plan Update 05. 0 Annexation 09, O Rezone 12. O 8Iaste dlgmt Plan 02. 0 New Element 06. O Specific Plan 10, 0 Land Division (Subdivision, 13. O Cancel Ag Preserve 03. v'Generai Plan Amendment 07. O Community Plan Parcel Map, Tract Map. etc.) 14. VOther DRK TKer- re`jO"I % 04. O \faster Plan 08. 0 Redevelopment it. N(use Permit 9. Development Type 01. @rResidential: Units Acres 07. OJlining: Mineral 02. ❑ Office: I Sq.Q. Acres_ Employees _ 08. O Power: Type Watts 03_ ❑ Shopping/Commercial: Sq.H, _ Acres _ Employees _ 09, O Waste Treatment: 7)pe 04. O Industrial: Sq.R. Acres. Employees _ 10. ❑ OCS Related 05. O Water Facilities: A1GD It. ❑ Other: O6, OTransportation: 7)pe 10. Total Acresr'y•80S 11. Total lobs 12. Projectlssues Discussed in Document Ot. C�Aesthetic/L'isual 09. EfGeologtrl6etsmlc ]7. ❑Social 02. B'Agricuitural Land 10. fa Jobs/housing Balance i8. O. Soil Erostbn 03, EI.Air Quality It. ❑ Minerals 19. ❑ Solid Waste 04. 6drehaeological/Historical 12. 0.-else 20, UrTosic/fiazardous 05. O Coastal Zone 13. ePubllc Services 21. etraffic/Circulation O6, 0 Economic 14. 0 Schools 22, {3'Vegetation 07. eFire Hazard 15. O Septic Systems , 23. elVater Quality O8, 5orTlooding/Drainage 16, O Sewer Capacity 24, El Water Supply ............... _______...... __ 13, Funding (approx.) Federal $ State $ 14, Present Land Use and Zoning 25. O�'etland/Riparlan 26. d14'lldiife 27. ❑ Growth Inducing 28, ❑ incompatible Land Use 29. 0 Cumulalhe Effects 30. 0 Other Total LAL. 15. Project Description V. 88' /..0�'S Fo�7N'E �'VEtir�'U•nr-. �V��oyMENj- Die S/�Z.LE �tLMILy L�la5f0N �'iDN65. ---------------- 76, Signature of Lead Agency Representative NOTE: Clearinghouse wilt assign 1denU0cation null rs f lI new Preparatlon or previous draft document) please rill it In. _ Date already exists for 6 projl<et (e.g. from a Notice of Form Revised •L86-Replaces Ci 189 Afark Dtstrlbutlun on Reverse CITY OF DIAMOND BAR NEGATIVE DECLARATION 97-4 Initial Study (Environmental Information and Environmental Checklist) ENVHtONMENTAL CHECKLIST FORM FOR INITIAL STUDY Pursuant to Guidelines for California Environmental Quality Act § 15063 (f), this form, along with the Environmental Information Form completed by the applicant, meets the requirements for an Initial Study. This form is comprised of six parts: Part 1 Background Part 2 Summary of Environmental Factors Potentially Affected Part 3 Determination Part 4 Evaluation of Environmental Impacts Part 5 Discussion of Environmental Impacts Part 6 Sources PART 1 - BACKGROZTND i. City Project Title: TanMtivcvar�Pl Map No 24646 (TPM 246461 2. Project Address/Location: Easterly side of Blaze Trail across from the intersection of TimbertQp Lane within a gated community identified as "The Country Estates", City of Diamond Bar County f Los Angeles California 91765 3. Date of Environmental Information Form submittal: October 10, 1996 4. Applicant/Property Owner: Diamond Bar Country Estates Association Address: 22615 Lazy Meadow Drive City/State/Zip: Diamond Bar CA 91765 Phone: (909) 4861-4114 Firm Name: Loren Phillips and Associates Lnr Address: 1930 S. Bm-Canyon Road,Suite 130 City/State/Zip: Diamond Bar, CA 91756 Phone: (909) 396-2636 1 C\WPStV+OAMSYYM2{646.ts 9/9/9l Address: 21660 E CopllQy Drive, Suite 190 City/State/Zip: Diamond Bar, CA 91765 Phone: (909) 396-5676 Fax: (9091-861-9117 General Plan Designation: Open Space (OS) Description of • : (Describe the whole• • -• including but not•• to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional angQ the Gem •, (Tract 119• ` • t Bar Country Estatts Association,• use ksivation will dam fromOpen Si2aoto Rural Rfsidolial.- The remaining • • CN2en Spaproposai ;ubdiyidina. the 5-88 ams into four developintnt of •ur SingIQ family custQm hQMeS7• el• gdfd •. and apprQximately 81 luglans califomia(W-ainut trees); and the removalQf a map rQstrictiQn. 9. Surrounding Land Uses and Setting: Briefly describe the project's surroundings: The 121opostxd map li�,s. within a gated community of custom homts identififad as • propos.d •.• is bounded on • by - and •ithin thQ gatQd • Qn tbQ southand wutky 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None 2 c�wesi�oarasrra+z<su.is visin 11. List City of Diamond Bar related applications for this project that must be processed simultaneously: ELWIJIL%ItltLvjgrvaLvj�lv"ILV%llt[WL 0 a �MLSWVZOM 12. List prior projects for this parcel: ' 3 C\WP31\FORMSITPM2K16.14 9/8/9] f,'s 4 At ti'�yfro N �Cop no /q' 1OY� If �4 I° Ic'1 � Y "•"fin' / W : �aArl � / IF #I r } aUYIYH 0001 n g ^n•.� Y]tlY c At to ml / "V •" � 1 r\\ /\ _ _ `e \f IN, �,f `to MOO 00lot VIA VIA, VIA arot I/, _. ^OPPOPFAI lIe, �A', . Y i d\ A; rt It PART 2 - SUMMARY OF ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this, project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. L Land Use and Planning _ 9. Hazards _ 2. Population and Housing _ 10. Noise _ 3. Geologic Problems _ 11. Public Services _ 4. Water _ 12. Utilities & Service Systems _ 5. Air Quality _ 13. Aesthetics _ 6. Transportation/ Circulation 14. Cultural Resources _ 7. Biological Resources X 15. Recreation _ 8. Energy & Mineral 16. Mandatory Findings Resources _ of Significance _ C\WP51\PORMS'IYA4<6/6.151 9/BM CITY OF DIAMOND BAR NEGATIVE DECLARATION 97=4 Environmental Finding PART 3 - DETERMINATION Project Number: TPM 24646 to be completed by Lead Agency On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the MITIGATION MEASURES described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. _x I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" OR "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment; there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and,(b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. J. L u, As oc' Planner 5 C\WPSIV'ORMS�'R1.134646.IS2 9/8/9] PART 4 - EVALUATION OF ENVIRONMENTAL WTACTS 1. A brief explanation is required for all answers except No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis.) 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporafion of mitigation measures has reduced an affect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must described the mitigation measures and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier analyses are discussed in Section VII at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impact (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or.pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. C\WPSI\PORMSI'IPM24616.1a 9/8M r 3 8 l ENVIRONMENTAL ISSUES Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated impact Impact a. Conflict with General Plan designation or zoning? Source: General Plan, p. I-27 & 8/8/97; L.A. County Zoning Code, Ch.22.20, Part 2 X — b. Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? Source: General Plan, p. III-10 et sal X — c. Be incompatible with existing land uses in the vicinity? Source: General Plan, p. I-27, p. 28 -Fig. 2 X d. Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? Source: Master Environmental Assessment (MEA), p, II-E-1 Xf e. Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? Source: Tract Map 30091; L.A. County Zoning Code, Ch.22,20, Part 2; General Plan, p. I-28, Fig. 2 C\WP51\POAMS'IPM2161GlSL 9/8/9/ � - - _ _ 7 a. Cumulatively exceed official regional or local population projection? Source: 1990 Census of Population and Housing; MEA, p. 11-I-19 b. Induce substantial growth in an area either directly or indirectly (e.gl through projects in an undeveloped area or extension of major infrastructure)? Source: 1990 Census of Population and Housing; MEA, p. II-I-19 c. Displace existing housing, especially affordable housing? Source: 1990 Census of Population and Housing; MEA, p. II-I-19; General Plan, p. I-1 et seq., P. II-1 et seq. a. Fault rupture? Source: General Plan, p. IV-21 3- Fig. IV-1; MEA, p. II-B-8 b. Seismic ground shaking? Source: MEA, p. II-B-14, p. II-B- 10 Fig. H-13-5 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X — X — 8 C\WPSI\AORMS1PM21646.IS2 9/BM - . c. Seismic ground failure, including liquefaction? Source: General Plan, p. IV-3- Fig.IV-1, Engineering Geological Report, Duco Engineering, Inc., 10/4/96, p. 6 d. Seiche (water tanks, reservoirs), tsunami, or volcanic hazard? Source: Walnut Valley Water District Street Map 1996 e. Landslides or mudflows? Source: General Plan, p. IV-3- Fig.IV-1; MEA, p. II-B-3-Fig. II-B- 2; Soils and Geology Investigation, Duco Engineering, Inc., 10/3/1996, p. 5, 6 f. Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? Source: General Plan, p. IV-3, Fig. IV-1; Soils and Geologic Investigation, Duco Engineering, Inc., 10/3/96, p. 5,6 g. Subsidence of the land? Source: MEA, p. 1I-13-16 C\VlPSnPORMS'fYh44646.ISZ 9/B/9] Potentially . Significant Potentially Unless Less Than Significant Mitigation Significant No Impact 'Incorporated Impact Impact - X � h. Expansive soils? Source: MEA, p. H-B-16; Soils and Geologic Investigation, Duco Engineering, Inc., 10/3/96, p. 9, Fig. 25 i. Unique geologic or physical features? Source: MEA, Fig. II-A-1, p. H-A- 2 a. .Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? Source: Soils and Geologic Investigation, Duco Engineering, Inc., 10/3/96 b. Exposure of people or property to water related hazards such as flooding? Source: General Plan, p. IV-4-Fig. IV-2 c. Discharge into surface water or other alteration of surface water quality (e.g, temperature, dissolved oxygen or turbidity)? Source: MEA, p. H-C-3,4, Fig. II- C-1 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact X C\WPSm'ORMS'IPM216t6:ISt' 9/eN] Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact d. Changes in the amount of surface water in any water body? Source: MEA, p. II-C-3,4, Fig. II- C4 e. Changes in currents, or the course or direction of water movements? Source: MEA, p. II-C-3,4, Fig. II- C-1 f. Change in the quantity of ground waters either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? Source: MEA, p. 4, Fig. II-P-1 g. Altered direction or rate of flow of groundwater? Source: Engineering Geologic _ Report, Duco Engineering, Inc., 10/4/96 h. Impacts to groundwater quality? Source: MEA, p. II-P-3 i. Substantial reduction in the amount of groundwater otherwise available for public water supplies? Source: MEA, p. II-1`73 Potentially - - Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Violate any an quality standard. or contribute to an existing or projected _ air quality violation? Source: CEQA Air Quality Handbook, SCAQMD, 4/93 —X b. Expose sensitive receptors to pollutants? Source: MEA, p. II-F-8-10, Fig. II- F-3 —X c. Alter air movement, moisture, or temperature, or cause any change in climate? Source: CEQA Air Quality Handbook, SCAQMD, 4/93 X d. Create objectionable odors? Source: project applications X — a. Increased vehicle trips or traffic congestion? Source: Trip Generation, 5th . Edition, Institute of Traffic Engineers, 1991, p. 258, 267,269 — — X — Potentially Significant - - Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact - - b. Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? .Source: City Public Works Department -x c. Inadequate emergency access or access to nearby uses? Source: Multihazard Functional Plan, City of Diamond Bar, 9/22/92; General Plan, p. V-1 _x d. Insufficient parking capacity on -site or off -site? Source: Planning and Zoning Code, L.A. County, BNI Books, 1986 x e. Hazards or barriers for pedestrians or bicyclists? Source: First Amended Declaration of Protected Covenants, Conditions, Restrictions and Reservations, 5/20/96 - - X f. Conflicts with adopted policies supporting transportation (e.g. bus turnouts, bicycle racks)? Source: General Plan, p. V-22 x g. Rail, waterborne or air traffic impacts? Source: MEA, p. 11-T-36 -x 13 C\WP51\POAMSTPM246/6.iS2 9/eM _ - - Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds)? Source: MEA, p. 11-D-1-8; General Plan, P. III-11 — -x b. Locally designated species (e.g.. heritage trees)? Source: MEA, p. 11-D-1-8; General Plan, p. III-11; Arborist Report, Frederick Roth, Ph.D., 10/96; L.A. County Planning and Zoning Code, BN1 Books, 1986 R — — c. Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? . Source: MEA, p. 11-D-1-8; General Plan, p. III-11; Arborist Report, Frederick Roth, Ph.D., 10/96; L.A. County Planning and Zoning Code, BNI Books, 1986 - x - d. Wetland habitat (e.g. marsh, riparian and vernal pool)? Source: MEA, p. H-D-1-8, P. 18, Fig.II-D-2 — — —x e. Wildlife dispersal or migration corridors? Source: MEA, p. II-D-9,18 x 14 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact a. Conflict with adopted energy conservation plans? Source: General Plan, p. III-14 b. Use non-renewable resources in a wasteful and inefficient manner? Source: MEA, p. II-S-1 c. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? Source: WA, p. II-B-17 a. A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? Source: MEA, p. II-M-1 b. Possible interference with an emergency response plan or emergency evacuation plan? Source: Multihazard Functionaly Plan, .City of Diamond Bar, 9/22/92 15 Potentially. - _ Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact c. The creation of any health hazard or potential health hazard? Source: General Plan, P. IV-1 et sel• —X— d. Exposure of people to existing sources of potential health hazards? Source: General Plan, p. IV-1 et seq. — X e. Increased fire hazard in areas with flammable brush, grass, or trees? Source: MEA, p. II-K-1 X_ a. Increases in exisfing noise levels? Source: General Plan, p. IV-15; MEA, p. H-G-1 et seq. X_ — b. Exposure of people to severe noise levels? Source: General Plan, p. IV-15; MEA, p. II-G-1 et seq. X_ a. Fire Protecfion? Source: General Plan, p. VI-3 —X — Potentially _ Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact b. Police Protection? Source: General Plan, p. VI-3 x._ - c. Schools? Source: MEA, P. II-0-1 x - d. Maintenance of public facilities, including roads? Source: General Plan, p. VI-2 _x e. Other governmental services? Source: General Plan, p. VI-1 et seq. -x- a. Power or natural gas? Source: General Plan, p. I-18, VI-2 — b. Communication systems? Source: General Plan, p. I-18, VI-2 — c. Local or regional water treatment or distribution facilities? Source: General Plan, p. I-18, VI-2 — d. Sewer or septic tanks? Source: General Plan, p. 1-187 VI-2 — e. Storm water drainage? Source: General Plan, p. I-18, VI-2 — c%W51Woxn+srrna4sasAM slam X Potentially - Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact f.. Solid waste disposal? Source: General Plan, P. 1-18, VI-2 x g. Local or regional water supplies? Source: "General Plan, p. I-18, VI-2 _ x = LO = - a. Affect a scenic vista or scenic highway? Source: General Plan, p. III-10 et Seq, - x_ - b. Have a demonstrable negative aesthetic effect? Source: General Plan, p. III-10 et seq:; Development Review Ordinance No. 5 (1990); Hillside Management Ordinance N0.7, (1992) - - - x c. Create light or glare? Source: Development Review Ordinance No. 5 (1990) -x- I a. Disturb paleontological resources? Source: MEA, p. H-H-1 x b. Disturb archaeological resources? Source: MEA, p. II-H4 et seq. 18 C\WPSnPOAMSTPAR645.19. 9/B/9] Potentially - Significant Potentially Unless Less Than - Significant Mitigation Significant No Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or pre -history? —X b. . Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does Al project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) —Y d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? CITY OF DIAMOND BAR NEGATIVE DECLARATION 974 Project Descri�t�on and Location 17, EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets: a) Earlier analyses used. Identify earlier analyses and state where they are available for review. b) Impacts adequately addressed. Identify which effects from the above checklist . were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analyses. c) Mitigation measures. For effects -that are "Less than Significant with Mitigation Incorporated." describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. PART 5 -DISCUSSION OF ENVIRONMENTAL IlVIPACTS Discussions within each section may be grouped. 1. LAND USE AND PLANNING a,b,c. The project site is located within the General Plan land use designation of Open Space (OS). The OS designation provides opportunities for: recreational areas; scenic and environmental preservation; and protection of resources, public safety and animal life. This designation also includes lands which may have been restricted to open space by map and/or deed restrictions. Additionally, this designation carries with it a maximum development potential of one single family unit per existing parcel. The project site is 132 acre private park site, within "The Country Estates", a private residential community, owned by the Diamond Bar Country Estates Association and utilized by its resident. The proposed map intends to subdivide 5.88 acres of the private park into four lots to be developed with homes consistent with existing homes within "The Country Estates". The current land use designation permits one dwelling unit per existing parcel. Therefore, Lot 179 could possibly be developed with one dwelling unit. In order to move this project forward, a General Plan amendment is required. The amendment's approval would change the land use designation to Rural Residential (RR - maximum 1 du/acre), thereby permitting three additional lots and dwelling units with a total of four lots, ranging from 1.12 gross acres to 2.03 gross acres to be eventually developed with a total of four dwelling units. The existing zoning for Lot 179 is Single Family Residence -Minimum Lot Size 40,000 Square Feet (R4-40,000). The zoning designations within "The Country Estates" and surrounding Lot 179 are.R4-20,000 and R-1-40,000. The proposed parcel map and its eventual development will be consistent with the existing development within these zoning designations. Pursuant to Tract Map No. 30091 for Lot 179, the right to prohibit residential construction was dedicated to Los Angeles County and allowed construction of recreational and accessory buildings or parking. The right to prohibit residential construction was dedicated to City of Diamond Bar upon incorporation. According to the General Plan's Land Use Element, Strategy 1.5.4, vacant land burdened with on open space restrictions shall be subjected to a public hearings with the Planning Commission and the City Council before any action can be taken to remove the restriction. However, the restriction's removal must be of significant benefit to the City. The applicant's proposal, if approved by the Ciry will provide the following significant benefits to the City: 1. A donation of $14.000.00 ($3,500.00) per lot) toward publicly owner recreational area and facilities; 2. An agreement or guarantee acceptable to the City that ensures that there will be no future attempts by the Diamond Bar Country Association or it Board of Directors that future subdivisions of this area will not occur; 3. Realign the entrance road to "The Country Estates" Park to a safe distance from Timber Top Lane as specified by the City Engineer; and 4. Realign and reconstruct the portion of the Park road where it contains several steep and sharply curved sections which create danger to vehicles traversing the road and reduce the grade of these sections and increase the size of the curves for a safer road as specified by the City Engineer. d. There are no agricultural resources or operations in this project's vicinity. e. Existing land uses within the proposed project's vicinity are residential or vacant and zoned residential. The proposed project's purpose is for residential development, and therefore will not disrupt or divide any established community. 2. POPULATION AND HOUSING a. The proposed map is for future residential development of four households. The results of the 1990 Census indicates the persons per occupied housing unit is 3.18. It is assumed that this project is generally consistent with this average. Therefore, it will not exceed any regional or local population projection. b. The proposed map's future development is for four dwelling units, the use of which is not expected to induce substantial growth, either directly or indirectly. cwnsiv�oanfsirMz4sasasz siero� - 22 . 3. c. The existing site is undeveloped. Therefore, the proposed map and its future development will not displace existing housing, affordable or otherwise. GEOLOGICAL PROBLEMS a. No portion of the City of Diamond Bar has been identified to be within an Alquist- Priolo Special Studies zone. The closest fault is the Diamond Bar fault. It is described as a "small inactive local fault". The City of Diamond Bar does not have an historic record of any earthquakes having an epicenter within the City limits or its sphere of influence, and no significant movement has ever been recorded for the Diamond Bar fault. Therefore, the likelihood of fault rupture is limited. b., c. The proposed map lies within Zone 1, or Relative Ground Response Low (RGRl). Using current building and engineering codes which consider ground shaking, any impacts from seismic ground shaking may be considered less than significant. c. The proposed map does not lie with in a potential liquefaction zone. Additionally, the nature of the underlying material on the project site, the lack of ground water near the surface and the expected low levels of ground shaking, liquefaction potential is not considered significant. d. The closest reservoir is Ambushers Reservoir, approximately two miles to the west of project site, in a different drainage basin. If seiche occurs, it will not affect the project site. Additionally, the project site is not located near any volcanic nountainous regions. There are no large water bodies in close proximity to the project site. e. The proposed map lies within a moderately low slope stability area, and may be within a potential landslide area. It may be necessary to provide a compacted fill shear key/buttress fill in order to acquire a minimum 1.50 safety factor. Using current building and engineering codes, the minimum safety factor will be obtained, thereby increasing slope stability. f. The map, as currently proposed, requires grading of 76,500 cubic yards of fill and 15,000 cubic yards of fill which will change the site's topography. As stated in Item 3 e., a minimum 1.50 safety factor shall be obtained. The proposed project site will be free from unstable soils conditions, nor will adjacent properties be expose to geological hazards. Additionally, the City's grading permit process requires an erosion control plan to be reviewed and approved by the City before the grading permit's issuance. g. There is no evidence that subsidence producing activities at or near the project site. Oil drilling occurred in lower Tonner Canyon, but any potential subsidence is not expected to affect the project site. Additionally, the proposed use does not introduce any operation that may cause subsidence. 23 Q IV Almost all soils in Diamond Bar have the capacity to be expansive, and should be reviewed on a project -specific bases. Therefore, this site and the import soil must be evaluated for expansive soils which may be potentially significant unless mitigation measures occur. The results of expansion tests indicate that the on -site soils are moderately expansive. Remedial construction measures shall be utilized to minimize the affects of expansive soil. i. The project site does not contain any unique geologic or physical features WATER a. Due to the proposed grading and eventual increase in the amount of impervious surfaces, the amount of surface run-off will increase. However, this amount is expected to be less than significant. Proposed structures shall be equipped with roof gutters and down spouts which will conduct collected water to a suitable location for discharge. All surface water shall be directed to drain away from proposed structures. Exposed slope surfaces shall be planted as soon as practicable with deeply rooted, drought and fire retardant ground cover supplemented with landscaping shrubs with a high root to shoot ratio. Slope planting irrigation shall be limited to the amount of water necessary to sustain plant life. Over -watering shall be avoided. Additionally, a hydrology and drainage plan shall be reviewed and approved by the City before the issuance of any City permits. b. .. The proposed map is not located within Areas of Potential Flooding, nor will its development or use exposed people or property to water -related hazards. c.,d.,e No surface water body exists with in the proposed map's vicinity. The closest surface water is the Carbon Canyon Dam, approximately three miles from the map. The project's run-off is considered less than significant, therefore, changes in the amount of surface water in any water body is considered less than significant. Additionally, there will not be changes in currents, or the course or direction of water movements. f. The proposed map's eventual development will add to the amount of groundwater to the extent impermeable surfaces are added and the rate of absorption is affected by the new grading. This exact amount is unknown, but for a project of this small size, may be considered to be insignificant. g. No evidence of ground water was noted on the project site. There are no indications of springs or intermittent flow within the site. h. Groundwater is not presently utilized for domestic supply by the Walnut Valley Water District. Currently, its quality is not adequate for domestic consumption without considerable treatment and dilution. Therefore, considering this project's small size, it residential use, and the groundwater's current quality, this project's affect on the ground- water's quality is less than significant. i. The proposed map and its eventual development is not considered to cause a substantial reduction in the amount of groundwater for public water supply. Additionally, the groundwater is not utilized for domestic supply, but only for the reclaimed water supply. 5. tx i QUALITY a. Air quality will be expected to be affected during grading operations, given the quantity and method of grading transport, however, it is not expected to be significant. Project conditions, including watering of the site during grading will lessen any impacts. The use of the residences is not expected to significantly contribute to the violation of any air quality standards. b. No known concentration of sensiflve receptors are within the proposed project's vicinity. c. Proposed project is not expected to alter air movement, moisture, or temperature, or cause any change in climate. d. Diesel fuel odor maybe emitted during grading transport and grading operations, but is expected to be significant when considering the proposed project's size. Adjacent homes, the most subject to any odor concentration, are within an open area which would allow odors to dissipate. 6. TRANSPORTATION/CIRCULATION a. Vehicle trips will increase temporarily during construction, but not to an extent that significantly exacerbate any existing traffic congestion. A permanent increase in vehicle trips will occur from the single family residential use, but at an average of 9.55 trips per weekday per residence which is considered less than insignificant. b. On -site and off -site circulation and design features shall be reviewed by the City Engineer and the City's Public Works Department. The proposed map shall be designed in a manner that does not create safety hazards from design features. Additionally, the proposed use is compatible with uses in the surrounding area. Therefore, the proposed use will not create safety hazards. c. Vehicle access is provide by two private roads Blaze Trail (existing) and Street "A" (within the proposed map) which lead to Ridge Line Road and Derringer Lane respectively and deposit into the public street of Grand Avenue.: Therefore, the proposed map will not result in inadequate emergency access or inadequate access to nearby uses. C\WP51\POIIMS'fPM24646.ISt 9/BM - � 5 d. The City of Diamond Bar's development standards require two covered parking spaces. The eventual development of single family residence will require a minimum two car garage. However, current trends for home within "The Country Estates" is a minimum three three car garage. Additionally, "The Country Estates" allow only limited on -street parking. Therefore, the proposed project will not result in insufficient parking. e. "The Country Estates" provides a five foot equestrian easement along the frontage of each lot in addition to the road easement. This equestrian easement may be utilized by pedestrians, and act as a buffer between bicyclists and the developed property. Therefore, the proposed project will not create any hazards to pedestrians or bicyclists. f. The proposed map and its eventual development does not conflict with any of the City's goals, objectives, or strategies supporting transportation. g. No rail, waterborne, or air traffic facilities or operations are in the vicinity of the proposed map. Therefore, the proposed map and its eventual development will not impact these facilities or operations. 7. BIOLOGICAL RESOURCES a. The proposed project will not result in impacts to endangered, threatened or rare species or their habitats because none exist on the project site. Additionally, the project site is grubbed and disked on a regular basis for fire prevention. b.,a.. The proposed project will result in the removal of approximately 26 Quercus agrifolia (oaks) and approximately 81 7uglans californica (walnuts) which occur individually and within a community. Pursuant to the City's General Plan oak and walnut trees are worthy of protection and preservation. IlVIPACT: The arborist report states as follows: walnut trees will be destroyed by the proposed massive grading; walnut trees are not good candidates for relocation because they are poor quality landscape trees; several oak trees do not qualify for preservation pursuant to the Los Angeles Planning and Zoning Code; many oak trees are rated as poor candidates of preservation and/or relocation due to disease, decay, and structural damage; oak trees will be affected by the massive grading; and seven oak trees along the project's perimeter will be protected and preserved. MITIGATION MEASURES: However, the applicant shall be required to replace the. destroyed walnut trees at a 2:1 ratio and the destroyed oak trees at a 4:1 ratio within the proposed map's boundaries. d. The proposed project will not result in impact to wetland habitat because not wetland jurisdictional areas exist on site. 26 c�wrsiwou.+srrauasasas sieroi - - - E 9. e. The proposed project will not result in impact to wildlife dispersal or migration corridors because a primary migration corridor (which typically follows major drainage and ridgeline) does not exist on the project site. Additionally, the project site in subject to regular disking and grubbing, therby disturbing dispersal or migration of wildlife on a regular basis. ENERGY a. The City of Diamond Bar has no adopted energy conservation plan. Therefore, the proposed project will not conflict with adopted energy conservation plans. b. The proposed map and its eventual development will require the use of non- renewable resources, specifically fossil fuels for transport and grading. Extensive grading is required to create buildable pads for development. However, considering the small size of this project, its use of non-renewable resources maybe considered less than significant when compared to other projects in the vicinity. c. The proposed project is within the Mineral Resource Zone 1, which indicates that no significant mineral deposits are present. Therefore, the proposed project will not result in the loss of availability of known mineral resources. HAZARDS a. The proposed project will likely use hazardous materials, such as oil, chemicals, etc. during its construction phase. Relatively small amounts of household hazardous materials will also likely be used by the project's residents. Their relative minor use results in a less than significant impact. b. The proposed project will not interfere with the City's emergency response plan or evacuation plan. c. The proposed map and its development of single family residences will not create any health hazard or potential health hazard. . d. No potential health hazards currently exist at the project site. Therefore, people will not be exposed to existing sources of potential health hazards. e. The proposed map, its development and use will not result in an increased fire hazard in the areas with flammable brush, grass, or trees. Eventually, the project area will be fully landscaped and irrigated. Therefore, the results will likely be a decrease in fire hazard from brush, grass, or trees. 27 r 10. NOISE a.,b. The use of four single family residences will increase existing noise, but not to an extent considered significant in a neighborhood of existing single family residences. However, given the proximity of other residences during construction and grading, noise may reach levels that are normally unacceptable, as indicated in the General Plan. However, the City's permit process requires the following: transportation of equipment and materials, and operation of heavy grading equipment shall be limited to hours of 7:00 a.m. to 5:00 p.m.; all construction equipment shall be properly muffled to reduce noise levels; and exterior construction activities shall be restricted to the hours of 7:00 a.m. to 5:00 p.m., Monday through Saturday. 11. PUBLIC SERVICES a. The proposed project will require the use of fire protection services. However, as four single family residences, constructed with current building codes and fire department requirements, the impact is expected to be ,less than significant. Additionally, the project area will be landscaped and irrigated, removing brush that contributes to fire hazard. b. The proposed project will require the use of police protection. However, as four single family residences, the impact is expected to be less than significant. Police protection for the City is considered to be adequate for development with the current City boundaries. c. The proposed project lies within Walnut Unified School District which currently has an need for permanent school facilities. To the extent that this project will specifically require the use of public schools, the project will have a.less than significant impact. d. The proposed map and its eventual development may affect the maintenance of public roads, but to an extent considered to be less than significant. e. No other specific government service have been identified which may be impacted by the proposed project. 12. iTTII.ITIES AND SERVICE SYSTEMS a.-g. The proposed map and its development of four single family residences will not result in the need for new systems, supplies, or substantial alterations to the following: power or natural gas, communication systems, local or regional water treatment or distribution facilities, sewer or septic tanks, storm water drainage, solid waste disposal, or local or regional water supplies. Additionally, surrounding land uses are currently served with utilities required for residential developments. These services will be extended into the project site to serve the new users. 13. AESTHETICS a. The proposed project is not located near a designated scenic vista or highway. Therefore, it will not affect a designated scenic vista or highway. b. The proposed project is being developed in a manner consistent with other developments within the surrounding area. Additionally, development will be confined to six of the 132 acre project site, thereby, leaving the remainder of the site in its natural form. Additionally, the proposed map and the eventual development of single family homes are required to comply with the City's Hillside Management Ordinance No. 7 (1992) and Development Review Ordinance No.5 (1990). Therefore, a demonstrable negative aesthetic effect will not occur. c. The only sources of light and glare may come from sunlight reflected on windows, lighting, and tennis court fighting. However, tennis court lighting shall be installed in a manner which does not create light and/or glare onto neighboring properties. As a result, the light or glare generated by this project will not be significant. 14. CiTLTURAL RESOURCES a. The proposed project will not disturb paleontological resources because no sites exist within the City. b. The proposed project will not disturb archaeological resources because no sites exist within the project's area. c. The proposed project will not disturb historical resources because no sites exist within the project area. d.,e. No unique ethnic cultural values or religious or sacred uses have been identified within the City. Therefore, the proposed project will not cause a physical change that would affect or restrict these values or uses, 15. RECREATION a.,b. The City's parks provision is .98 acres per thousand residents. This is below any of the industry standards (3 acres per 1,000 for Quimby; 5 acres per 1,000 for National Parks and Recreation Association). Based on an average household size of 3.19, this project may be expected to generate an increase of approximately 12.76 people to the City of Diamond Bar's 1993 estimated population of 53,672. Although the standards would suggest that demand currently exceeds park acreage provision, the addition of 12.76 residents is considered less than significant. Additionally, the proposed project lies within "The Country Estates", a gated community that provides its own park and recreational facilities. C\WPSI\PORMS'fPM24646.is 9/BNi - 29 16, MANDATORY FINDINGS OF SIGNIFICANCE a. While the proposed map and its eventual development does not explicitly degrade the quality of the environment, it will affect a previously disturbed, but undeveloped site. Its impacts to the environment will be limited to the grading of , 5.88 acres and the removal of oak and walnut trees which will be replace at a 4:1 and 2:1 ratio respectively. Additionally, no rare or endangered species occur on the site or use it for habitat, and no examples of California history or pre -history occur on the site. b. The proposed map and its eventual development does not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals. Additionally, the eventual development of the project site is consistent with other developments within the area. c. The proposed map and its eventual development has impacts that are individually limited but not cumulatively considerable. The project site is located within an area planned for single family residential development, and the project is a single family residential development like others in the vicinity. d. The proposed map and its eventual development will not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The project site is locate in an area planned for single family residential development, and the project is a single family residential development like others in the vicinity. City of Diamond Bar PLANNING CONINUSSION Staff Report AGENDA ITEM NUMBER: 7.3 REPORT DATE: September 11, 1997 MEETING DATE: September 23, 1997 CASE/FILE NUMBER: Vesting Tentative Tract Maps No. 52267., Conditional Use Permit No. 96-13, and Oak Tree Permit No. 96-3; General Plan Amendment No. 96-2, Vesting No. 52308, Conditional Use Permit No. 96-16 and Oak Tree Permit No. 96-5; and Environmental Impact Report No. 97- 2, Volume I and II for VTTM No. 52267 and VTTM No. 52306 APPLICATION REQIIEST: Proposes to: change the General Plan an Use density for Planning Area 2; subdivide 65 acres of a 339.3 acre site into 132 lots for the de- velopment of 130 detached single family residences; subdivide 36.7 acres of an 86.3 acres site into 60 lots for the development of 60 detached single family residences; remove and replace oak and walnut trees; and remove map restrictions. Additionally, the request has the potential for the acquisition of publicly owned property. PROPERTY LOCATION: VTTM No. 52267 is generally located east of Diamond Bar Boulevard and north of Grand Avenue; VTTM No. 52308 is generally located northeast of Pantera Drive and South of Bowcreek Drive. PROPERTY OANER: Diamond Hills Ranch Partnership 550 W. Orangethorpe Avenue Placentia, CA 92870 1 APPLICANT: SunCal Companies 550 W. Orangethorpe Avenue Placentia,. CA 92870 The property owner, Diamond Hills Ranch Partnership and applicant, SunCal Companies are requesting approval to: change the General Plan Land Use density for Planning Area 2; subdivide 65 acres of a 339.3 acre site into 132 lots and three open space lots for the development of 130 detached single family residences; subdivide 36.7 acres of an 86.3 acres site into 60 lots for the development of 60 detached single family residences; remove and replace oak and walnut trees; remove map restrictions; and certification of Draft Environmental Impact Report (DEIR) No. 97-2 which has been prepared to evaluate the impacts the project may have upon the environment and identify mitigation measures that will reduce the effects of any negative impacts. Additionally, the approval request has the potential for the acquisition of publicly owned property. The proposed project consists of two non-contiguous properties, Vesting Tentative Tract Map No. 52267 (VTTM No. 52267) and Vesting Tentative Tract Map No. 52308 (VTTM No. 52308). VTTM No. 52267 is generally located east of Diamond Bar Boulevard and north of Grand Avenue. VTTM No. 52308 is generally located northeast of Pantera Drive and South of Bowcreek Drive. The General Plan land use designation for both properties is Planning Area 2. Both properties are zoned Residential Planned Development -Minimum Lot Size-20,000 Square Feet-2 Units Per Acre (RPD-20,000-2U). Generally, the following zones surround VTTM No. 52267: to the north, east is the RPD-20,000-2U Zone; to the south is the Single Family Residence -Minimum Lot Size 40,000 Square Feet and the RPD-20,000-2U Zones, and to the west is the Single Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. VTTM No. 52308 is generally surrounded by the following zones: to the north is the R-1-8,000 Zone; to the south is the RPD-20,000-2U Zone; to the west is the RPD-20,000-2U and R-1-8,000 Zones; and to the East is the Heavy Agricultural-1 Unit Per Acre (A-2-1) Zone. These zones consist predominately of single-family residential development and vacant land. 7.3 a) ANALYSIS OF VESTING TENTATIVE TRACT MAP NO. 52267: PROJECT OVERVIEW: The project site for VTTM No. 52267 is predominantly vacant. It is characterized by slopes and ridges, and natural vegetation including oak and walnut trees. The site is distinguished by a northeasterly trending ridge running through the site. An eastwest trending ridge joins the main ridge on the north side. A large 2 northeasterly trending canyon dominates the project's southern side. Small canyons and draws exist off of the ridgelines. Also located on the project site are utility easements associated with flood control, water, and electrical services. VTTM No. 52267 is part of Tract No. 31479, Lots 4, 51 6 and 7. Development will occur on Lot 6 and portions of Lot 5 and 7. The proposed development plan for VTTM No. 52267 consists of 132 lots and Lots "A", "B" and "C" designated as open space lots (natural open space and manufactured slopes). Of the 132 lots, 130 lots are proposed for single family residences. Lot 131 is owned by the Walnut Valley Water District and Lot 132 is cited for community facilities. The 130 lots will eventually be developed with detached single family dwelling units clustered on approximately 65 acres of the 339.3 acres site. The development is proposed as a private, gated community. The residences will be located along the proposed extension of Highcrest Drive to an intersection with Diamond Bar Boulevard at Tin Drive. Two access points are proposed. From the east, access will be provided from an extension of Highcrest Drive and from the west, access will be provided from Diamond Bar Boulevard. Residences will be constructed on lots ranging from 6,000 to 26,000 square feet with an average lot size of 10,900 square feet. The gross density is 0.4 dwelling units per acre (130 du/339.3 ac) with a net density of approximately 2.06 dwelling units per acre (130 du/63 ac). Pad areas will range in size from 5,850 to 19,150 square feet. The residences will range in size from 2,800 to 3,300 square feet. The proposed density is compatible with surrounding developments. The Walnut Valley Water District has two planned water reservoir sites within the VTTM No. 52267's development area. These reservoirs are not needed to serve the project. However, the reservoirs are needed to meet future water service requirements. One reservoir can be accommodated with in the proposed residential development's boundaries. The project's applicant has indicated a desire to locate the second reservoir, within the project's boundaries but outside the grading limits for the residential units. OPEN SPACE: As stated above, VTTM No. 52267 is part of Tract No. 31479, Lots 4, 51 6 and 7. Lot 6, where the majority of development will occur, is 49.76 acres. Lot 5 (Lot "B" of VTTM No. 52267) is 130.84 acres. Development will occur on 1.18 acres, thereby leaving 129.66 acres as public open space. Lot 7 (Lot "A" of VTTM No. 52267) is 42.63 acres. Development will occur on 4.33 acres, thereby leaving 38.3 acres as public open space. Lot 4.(Lot "C" of VTTM No. 52267) is 116.13 acres. No development will occur. The entire lot will remain public open space. The proposed development plan with its clustering of residential units retains the majority of the tract in permanent public open space. 3 GRADING: Development of VTTM No. 52267 would result in significant topo- graphical changes associated with grading activities. The pro- posed map contains natural slopes of 25 percent or more, is in an urban hillside management area, and proposes residential development. As such and pursuant to Code (Section 22.56,215), approval of a Conditional Use Permit is required for this project. The Conditional Use Permit's purpose is to protect resources contained within a hillside management area which may result in or have the potential for environmental degradation and to the extent possible, maintain and enhance the remaining biotic resources and natural topography while allowing for limited controlled development. The Hillside Management Ordinance's guidelines and standards are required to ensure that development will complement the character and topography of land containing grades in excess of 10 percent. Specifically, the City desires the application of good hillside planning and the use of the landform grading and revegetation concept. Furthermore, exceptions to these standards with appropriate findings and facts require a Conditional Use Permit. These guidelines and standards (specified in Section 8 of the City's Hillside Management Ordinance) are applicable to the proposed project due to grades in excess of 10 percent. The proposed grading quantities are approximately 1.8 million cubic yards of cut and 1.8 million cubic yards of fill. Grading will be balanced on site. The proposed grading concept utilizes landform grading (series of non -linear concave and convex forms with varying slope gradients) where feasible. Therefore, the proposed project is consistent with the City's Hillside Management Ordinance. However, it is inconsistent with the Hillside Management Ordinance in relationship to the project's visibility along the prominent ridgelines of the site. No large landslides have been mapped on the VTTM No. 52267 site. Small scale landslides and soil creep zones occur on the steep slopes. These zones have been identified and are subject to further geotechnical investigation. However, slope stability is required to comply with a minimum safety factor of 1.5. Engineering features such as shear keys and buttress fills have been incorporated into the grading design to accomplish the required minimum safety factor. In compliance with the Hillside Management Ordinance's standards and guidelines, the proposed project's grading will: follow the natural topography of the site, where feasible; where large visible cuts and fills are proposed, landform grading will be utilized, concave and convex forms will be utilized throughout the site; slopes will not be linear in plan view; manufactured slope gradients will vary from 2:1, 3:1 and 4:1; lot shapes will vary; pads will maintain irregular configurations; trees will be concentrated in concave areas, similar as in nature; and street slopes to the east will remain in their natural, undisturbed state. BIOLOGICAL RESOURCES/OAK TREE PERMIT: The VTTM No. 52267 site does not function as an important regional wildlife corridor because it is entirely surrounded by development. Local corridors likely occur between the northern and southern end of the site but these are restricted to use by the resident animal species. A variety of sensitive animals were observed during site surveys for VTTM No. 52267 including the coastal western whiptail, white- tailed kite, Cooper's hawk, San Diego cactus wren and southern California rufous -crowned sparrow. No coastal California gnatcatchers were observed. Base on a several focused surveys for sensitive plant species, no plants listed as sensitive are known to occur within VTTM No. 52267's development impact area. However, the site does contains the following plant communities and their impact area due to development: coastal live oak woodland - 9.6 acres; walnut woodland 0 acres, coastal sage scrub - 18.7 acres; scrub oak chaparral - 8.5 acres, Mexican elderberry woodland - 1.1 acres; and annual grassland - 27.7 acres. Approximately 410 coastal live oak trees and 30 walnut trees will be removed. Pursuant to the General Plan, and the City's Oak Tree Permit process, the City should provide for the replacement and relocation of oak and walnut trees. Therefore, Oak and walnut trees removed during the project's implementation are subject to replacement. Walnut trees and oak trees will be replaced at a 2:1 ratio. To ensure the replacement of ecosystem values and not just of trees, native understory plant species will be included in the project's Mitigation Monitoring Program. Replacement walnut and oak trees will consist of varying sizes. The Mitigation Monitoring Program (MMP) incorporates avoidance, protection and restoration. MMP will include measures for habitat replacement and revegetation, protection during construction and performance standards for habitat replacement, maintenance and monitoring. These measures also include appropriate permits from U.S. Army Corps of Engineers and California Department of Fish and Game. Through the MMP and appropriate permits, the biological impacts can be mitigated to a level that is considered less than significant. AIR QUALITY• Preparation of the project site for development will produce two types of air contaminants: exhaust emissions from construction equipment and fugitive dust from soil movement. These construction emissions are considered short-term and will terminate upon the project's completion. However, the proposed project's development will result in significant air quality impacts related to Oxides of Nitrogen (NOx) and fugitive dust (PM 10). As a result, a Statement of Overriding Considerations balancing the benefits of the project 5 against its unavoidable adverse environmental impacts must to be adopted by the City. TRAFFIC• A traffic study was prepared for VTTM No.52267. The project site, with the proposed development, will generate approximately 1,242 trips on an average weekday. A signal warrant analysis was conducted for the intersection of Tin Drive at Diamond Bar Boulevard. The result indicated that a traffic signal is warranted by 1999. Implementation of this signal would be the responsibility of this project. With the imple- mentation of the signal, the proposed project will not result in any significant traffic impacts. 9.3 b) ANALYSIS OF VESTING TENTATIVE TRACT MAP NO. 52308: PROJECT OVERVIEW: The project site for VTTM No. 52308 is predominately vacant and approximately 86.3 acres. It is characterized by slopes and ridges, and natural vegetation including oak and walnut trees. The site is distinguished by a north-easterly trending canyon on the eastern side and small canyons and draws tending to the west from the ridgeline. Also located on the project site is the Eastgate water reservoir, owned and operated by the Walnut Valley Water District. The reservoir site is a separate lot surrounded by VTTM No. 52308 and is not a part of the map. A planned but not constructed Los Angeles County Fire Department helipad site is located within the boundaries of the map and near the reservoir site. VTTM No. 52308 is within Lot 9 of Tract No. 31479. The proposed development plan for VTTM No. 52308 will be clustered on 36.7 acres. Sixty lots (Lots 1-60) are proposed for detached single family residences. Lots "A", "B", "C", "D", "E", and "F" are homeowners' association maintained. Lots "G", and "H" are proposed as dedicated open space. Lots "I" and "J" are existing open space. Therefore, open space totals to 49.6 acres.' Development is proposed as a gated community. Residences will be located east of Pantera Park and south and north of existing single family residences. One point of ingress/egress will be provided from a connection to Pantera Drive through an undeveloped (southern) portion of Pantera Park. This access, as proposed, will not displace any park uses. The access road will only serve the proposed residential development. Residences will be constructed on lots ranging from 8,000 to 41,750 square feet. The gross density is 0.7 dwelling units per acre (60 du/86.3 ac) with a net density of approximately 1.63 dwelling units per acre (60 du/36.7 ac). Pad areas will range in size from 7,230 to 18,350 square feet. The residences will range in size from G 3,100 to 3,600 square feet. OPEN SPACE• Open space consists of manufactured slopes associated with grading for the development of the residences and natural open space. Lots "A" through "F" total approximately 13 acres that will be landscaped, manufactured slopes maintained by the homeowners' association. Lots "I" and "J" total approximately 26.7 acres and will be dedicated to the City as public open space. GENERAL PLAN AMENDMENT/DEED AND MAP RESTRICTIONS' REMOVAL: VTTM no. 52308 is within the General Plan Planning Area 2 which identifies a maximum 130 dwelling units within Planning Area 2. As previously stated, 130 dwelling units are proposed for VTTM No. 52267 (also in Planning Area 2). Because the two maps together propose 190 dwelling units, a General Plan Amendment is required. Additionally, both proposed maps have deed and map restrictions which grant the City the right to prohibit the construction of residential structure on Lots 4, 51 61 7,(VTTM No. 52367) and 9 (VTTM No. 52308) of Tract 31479. Pursuant to the General Plants Land Use Element, Strategy 1.5.4, vacant land burden with deed or map restrictions shall be subjected to public hearings with the Planning Commission and City Council before any action can be taken to remove the restrictions. However, the restrictions' removal must be of a significant benefit to the City. The applicant proposes the following significant benefits to the City: 1. Provide an approximately seven acre site, adjacent to Summit Ridge Park (on City owned property) graded with extended infastructure to the site's entrance, construct an access road from Grand Avenue to the site, landscape perimeter slopes, fund the engineering of the community/civic center, and fund a portion of the design of the community/civic center. 2. All engineering and consultant work would be provided for the site's completion. 3. Applicant would provide up to $50,000.00 for the City to determine the community/civic center's optimal use and design. GRADING• Development of VTTM No. 52308 would result in significant topo- graphical changes associated with grading activities. The pro- posed map contains natural slopes of 25 percent or more, is in an urban hillside management area, proposes residential development. As such and pursuant to Code (Section 22.56.215), approval of a Conditional Use Permit is required for this project. The Con- 7 ditional Use Permit's purpose is to protect resources contained within a hillside management area which may result in or have the potential for environmental degradation and to the extent possible, maintain and enhance the remaining biotic resources and natural topography while allowing for limited controlled development. The Hillside Management Ordinance's guidelines and standards are required to ensure that development will complement the character and topography of land containing grades in excess of 10 percent. Specifically, the City desires the application of good hillside planning and the use of the landform grading and revegetation concept. Furthermore, exceptions to these standards with appropriate findings and facts require a Conditional Use Permit. These guidelines and standards (specified in Section 8 of the City's Hillside Management Ordinance) are applicable to the proposed project due to grades in excess of 10 percent. In general, soils materials will be cut from higher areas and used as fill to create level pad areas. The largest fill areas are located below Lots 43 through 55 and adjacent to Lots 23 through 42. Smaller fills are located in the site's southern and western areas. Slope stability is required to comply with a minimum safety factor of 1.5. The proposed grading quantities are approximately 750,000 cubic yards of cut and fill. Grading will be balanced on site. The proposed grading concept utilizes landform grading (series of non- linear concave and convex forms with varying slope gradients) where feasible. Therefore, the proposed project is consistent with the City's Hillside Management Ordinance. However, it is inconsistent with the City's Hillside Management Ordinance as it relates to the visibility of the proposed project along the prominent ridgeline of the site behind Pantera Park. In compliance with the Hillside Management Ordinance's standards and guidelines, the proposed project's grading will: follow the natural topography of the site, where feasible, where large visible cuts and fills are proposed, landform grading will be utilized; concave and convex forms will be utilized throughout the site, slopes will not be linear in plan view; manufactured slope gradients will vary from 2:1, 3:1 and 4:1; lot shapes will vary, pads will maintain irregular configurations; trees will be concentrated in concave areas, similar as in nature; and street slopes to the east will remain in their natural, undisturbed state. BIOLOGICAL RESOURCES/OAK TREE PERMIT: The VTTM No. 52308 site does not function as an important regional wildlife corridor nor is it integrated into the Tonner Canyon valley floor. Additionally, it does not contribute to the significance of Tonner Canyon's wildlife resources. One sensitive animal, San Diego cactus wren, was observed during site surveys. No coastal California gnatcatchers were observed. ral Based on several focused surveys for sensitive plant species, no plants listed as sensitive are known to occur within VTTM No 52308, However, the site does contains the following plant communities and their impact area due to development: coastal live oak woodland - 0.43 acres; coastal sage scrub - 5.29 acres; scrub oak chaparral - 0.48 acres; poison oak chaparral - 0.05 acres; mulefat scrub - 0.02 acres, Ruderal - 1.84 acres and annual grassland - 26.42 acres. Approximately, 10 coastal live oak trees and 10 walnut trees will be removed. Pursuant to the General Plan, and the City's Oak Tree Permit process, the City should provide for the replacement and relocation of oak and walnut trees. Therefore, Oak and walnut trees removed during the project's implementation are subject to replacement. Walnut trees will be replaced at a 2:1 ratio. Oak trees will be replaced at a 4:1 ratio. To ensure the replacement of ecosystem values and not just of trees, native understory plant species will be included in the project's Mitigation Monitoring Program. Replacement oak trees will consist of the following sizes: 5 percent - 5 gallons, 25 percent 15 gallons; 50 percent 24 inch box; and 20 percent 36 inch box. The Mitigation Monitoring Program (MMP) incorporates avoidance, protection and restoration. MMP will include measures for habitat replacement and revegetation, protection during construction and performance standards for habitat replacement, maintenance and monitoring. These measures also include appropriate permits from U.S. Army Corps of Engineers and California Department of Fish and Game. Through the MMP and appropriate permits, the biological impacts can be mitigated to a level that is considered less than significant. AIR QUALITY• Preparation of the project site for development will produce two types of air contaminants: exhaust emissions from construction equipment and fugitive dust from soil movement. These construction emissions are considered short-term and will terminate upon the project's completion. However, the proposed project's development will result in significant air quality impacts related to Oxides of Nitrogen (NOx) and fugitive dust (PM 10). As a result, a Statement of Overriding Considerations balancing the benefits of the project against its unavoidable adverse environmental impacts must to be adopted by the City. TRAFFIC• A traffic study was prepared for VTTM No.52308. The project site, with the proposed development, will generate approximately 573 trips on an average weekday. Pursuant to the traffic study, implementation of this project will not result in any significant traffic impacts. VTTM NO 52267 AND VTTM NO. 52308: ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report (EIR) is required for this project. Environmental Impact Report NO. 97-2 (SCH No. 97031005), Volume I and II has been prepared. The purpose of an EIR is to provide objective planning and environmental information. The information is utilized to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of the potential environmental implication that may result from the proposed project's development. The EIR's preparation is based on the Initial Study completed by the City. The Initial Study Questionnaire identifies areas where the project may produce an impact of significance. The proposed project was deemed to have impacts which necessitated the pre- paration of the. EIR document currently. before the Planning Commission. The procedure for the EIR's preparation includes the distribution of a Notice Of Preparation (NOP) which is sent to agencies who have or may have responsibility for providing a service to the project or may be impacted by the project's implementation. The NOP requests, within 30 days, that responsible agencies provide the lead agency with specific detail about the scope and content of the environmental information related to the responsible agency's area of statutory responsibility which must be included in the Draft EIR. The EIR is then prepared using the Initial Study and comments received in response to the NOP to guide the analysis in areas of particular interest, although the EIR is not limited to these areas. As soon as the Draft" EIR is completed, a Notice of Completion and Availability is filed with the Office of Planning and Research. The DEIR is reviewed through the State review process handled by the State Clearinghouse. The lead agency will distribute the DEIR to responsible agencies requesting a copy. The Notice of Completion and Availability begins the DEIR's 30 to 45 day review period depending on the nature, local versus regional significance of the document. For Vesting Tentative Tract Maps No. 52267 and No. 52308, the review period began July 10, 1997 and ended August 25, 1997. At the conclusion of the public comment phase, the comments are responded to and included in the DEIR that is reviewed by the decision makers. Certification of the "Final" EIR is attained when the legislative body gives the document acknowledgement that it adequately identifies potential impacts, measures to mitigate those impacts, and also impacts which may occur as a result of the 10 project but are unable to be mitigated. Additionally, a Mitigation Monitoring Program (MMP) is part of the "Final" EIR. CEQA requires public agencies to set up monitoring programs for the purpose of ensuring compliance with those mitigation measures adopted as conditions of approval in order to mitigate or avoid significant environmental effects identified in the EIR. The MMP is adopted at the time of the EIR's certification. The public hearing is a forum in which the CitI' residents and surrounding communities can discuss the environmental issues related to the proposed project's development. At the conclusion of the public hearing, the City will respond to these issues. The City has hired BonTerra Consulting for the preparation of this project's EIR. A presentation of the DEIR will be provided to the Planning Commission by Dana Privitt of BonTerra Consulting. NOTICE OF PIIBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 2, 1997. Public hearing notices were mailed to approximately 1,158 property owners within a 500 foot radius of the project site on August 29, 1997. RECOMMENDATIONS: Staff recommends that the Planning Commission open the public hearing, receive comments on the Draft Environmental Impact Report No. 97-2 (SCH 97031005) Volume I and II and project entitlement and continue the public hearing. Prepared by: An J. L ng , ssociate Planner Attachments': 1. Draft EIR No. 97-2 (SCH No. 97031005), Volume I and II dated July 1997 (previously transmitted to the Planning Commission); 2. DEIR Responses to Comments; 3 Exhibit "A" - VTTM No. 52267 and Landscape Mitigation Plan dated September 23, 19971 4. Exhibit "B" - VTTM No. 52308 and Landscape Mitigation Plan dated September 23, 1997; 5. Exhibit "C" Draft Mitigation Monitoring Program; 6. Applications; 7. Slope Analysis Map; 8. Existing Vegetation Survey, 9. Slope Profile Map; and 10. Cut and Fill Map. 11 SEP-17-1997 11:33 HINSAKER & ASSOCIATES 6195581414 P.02/05 ViTyrffWARAAiWWdK0,W 6 510 A1660 E. Copley Drive Suite 190 ,. ")8614117 e __-- � � saI • DateRbe'd Fba S Receipt# Sy Reaerd Cnvner ApplipAut ApplicanNa Agent DIAMOND HILLS RANCH Name PAST-NFRSHIR GARZA, KERRY „-_ WILLINAN_ L5X (Lest name fuu) (L ut name fast) (l a1t name first) Addraa SSO ORANGETHORPE DIAMOND 811.I.S RANCH_PRTNSHp• N p{tcn n pS$Qr�n ram_ City PLA - NTIAO CA 550 DRANAFTWORPF 10175) HIJFMNFUFNS STREET 0206 Zip 42870 PI_.ArFNIIA, 4—� g2R7n ¢ SAN DIF-M-r GA 97121 phone( Phone( ) 714•ggrwimn Phanci) 619-558-4500 NoTrt It is the epplicant'st "nsibilityw aodfy the CommurdtyDevolopmeaibireetorin.writing of any c1=90 Of the`piimapats involved durfag the prWASS ny'bf Ih1A'=1L (Attach scq=te sheet, it necessary• including names, addre'alm, and dgnamrm ntmembers of parrnarahips, joint venturu* and direetars of corporations.) Consent I et?* that I eta the owner of hernia described property and permit the applicant to fto this ragrsorr. i %% D c�, c� Signed C g7t a tnfatmatfoa hareii pscvFdia nt(/Scatfan: I; the trtrdersi ed, hereby tert((y anderpenalty Rfp rjary that the correct to the best q%tny knowledge. IF =i __ :- c-) Printed I IMAMFFFI� _ aor Agent) - = IFF Signed Date -1� `9'i :� _ JF— t of Agent) Location LOT 9 OF TRACT 31479 AND It Inns Sn 5ypg TRACT 495(E �T ne pgtlt n plt re (Sheet addrea er ttaet and Ins ntanber) between and (Street) (Staet) gqaii2g; Current: RPD 209000 -2 V Propocdd;RPD 20,000 -2:ti R W 114 H 349 117 H 349 1H , 7 H3S3 TRACT 52308 Cocm=t Applicationa/Roquasta: SUBDIV.ISION,cup Rpg HyticlncFnnv TREE PERMIT Project Size (groan acres) 8603 Project Density Lot Coverage; N/A F=Yious COM N/A�_ Pre=t US6 Of Site VACANT TISC applied for CPA TO ADD 60 UNIT$ TO THE 130 ALLOWED 8Y THE �FNFRAL PLAN PA - FOR A TOTAL OF 190 SINGLE FAMILY DETACHED RESIDENTIAL UN175. THE PROPOSED AMENDMENT OCCURS UNDER LAND USE 1-17 (b) PLANNING AREA 2. ' SEP-17-1997 11:34 HUNSAKER & ASSOCIATES 6195581414 P.03/05 ZONE CEL&YQ BURDEN OF PROOF SEE ATTACHED S Pill ITT SEE ATTACHED S E ' SEE ATTACHED ET D. Ptacament of tha proposed zone at such locatiocwill ba is th4 interest of public health safety and gener+l welfare, and is *=fi rality with good zo=g prWfico beeanse: SEE ATTACHED SH IIse additions] sheets s5 neeessar7 i SEP-17-1997 11:34 HUNSAKER & ASSOCIATES 6195581414 P.04/05 LSomealie Water Source EXISTIAIG 12" LINE THROUGH Compm'sy1Ai51siet WAL VALLEY WATER Dt TR CT SITE Method of $ewageDlspua EXIST 1 NG o" IN SNAtation District L.A. COUNTY 5A. N I TAj l ON D I STR 1 CT PANTERA DRIVE Grading artats by Applicant? YES hlb Amount (Show necessary grading design on site plan or tent. map) LEOAL DfiSCIt]pTtON {All owaerabip sompris ag thb proposed lotalprojxt) if petitioaingfor mac ebange, attach legal description of exterior boundaries of area subject to the ehanse.) GENERAL PLAN AMENDMENT LOT OF TRACT 31474 ANn 10TR 50 ,A OG TDd ITT 4�5 G llf�d TFi1 Fd CT Ar DddITCDd { Zone: N/A From Acres To Aerea � PROPOSED GENERAL PLAN AMENDMENT TO MODIFY THE NUMBER OF UN1T5 ALLOWED IN THE LAND USE ELEMENT PLANNING AREA 2 FROM 130 TO 190. THE ADDITIONAL 60 UNITS ARE PROPOSED TO BE LOCATED ON LOT 9 OF TRACT 31479. SEP-17-1997 11�34 HUNSAKER & RSSOCIATES 6195581414 P.05i05 ATTACHMENT TO G.P.A. REQUEST A. APPLICANT PROPOSES TO PROVIDE A SIGNIFICANT BENEFIT TO THE CITY OF DIAMOND BAR FOR THE REMOVAL BUILDING RESTRICTION ON TRACT 523D8. APPLICANT PROPOSES TO PROVIDE A DEVELOPED SITE WITH COMPLETE INFRASTRUCTURE FOR THE USE AND BENEFIT OF THE CITY OF DIAMOND BAR. CONCEPTUAL USES INCLUDE A COMMUNITY CENTER/CIVIC CENTER, LIBRARY, AND SENIOR CENTER. THE PROPOSED SITE LOCATION IS THE NORTHERN PORTION OF SUMMIT RIDGE PARK. THE PROJECT WILL ALSO PAY SCHOOL FEES WHICH WILL HELP WITH THE CONSTRUCTION OF THE LOCAL ELEMENTARY SCHOOL ON PANTERA DRIVE. B. THE PROP05ED GENERAL PLAN AMENDMENT TO ALLOW AN ADDITIONAL 60 UNITS IN DIAMOND BAR PLANNING AREA 2 IS NECESSARY TO FINANCIALLY PROVIDE THE PUBLiC BENEFIT DISCUSSED ABOVE. C. THE PROPOSED GENERAL PLAN AMENDMENT FOR THE 6D UN)T TRACT 52308 IS APPROPRIATE ON THIS SITE FOR THE FOLLOWING REASONS: • THE UNITS PROPOSED ARE CONSISTENT WITH THIS CURRENT ZONING (RPD 20,000-2U) AND THE SURROUNDING NEIGHBORHOOD. THE PROJECT HAS ACCESS TO ALL REQUIRED UTILITIES. • THERE ARE MINIMAL OR NO ENVIRONMENTAL CONSTRAINTS ON THE SITE. • THE SITE HA5 EASY ACCESS TO A PROPOSED ELEMENTARY SCHOOL AND PANTERA PARK. D. SEE C. TOTRL P.05 Record Owner CITY OF DLAINIOND BAR Case ,`.' 67 CORf�RTY DEVELOPA'fENT DEPARTAIEtiT. DataRec'd 21660 b, Copley Drive Suite 190 Fee . (909)396-5676 Fax (909)861-3117 Receipt,# SUBDIVISION APPLICATION By Applicant Name DIAMOND HILLS RANCH PTHRSHIP. GARZA, KERRY _ (Last name first) (cast name first) Address 550 WEST ORANC,ETHORPE PLACENTIA, CA. Zip 92670 Phone( ) (714)996-6700 SUtJCAL COMPANIES 550 WEST ORANGETHORPE PLACENTIA, CA. 92870 Phone( ) (7i4)996-6700 Applicant's Agent WI LLIMAN, LEX (Last name rust) HUNSAKF.R &ASSOCIATES, SAN DIECO 10179 HUENNEKENS ST, # 200 SAN DIEGO, CA. 92121 Phone( ) (619)568-4500 NOTE: It is the applicant's responsibility to ho:ify the Community Development Director in writing of nay change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of mombers of partnerships, jointventums, and directors of corporations.) it the Consent: I certify that I am the owner of the herein described property and perniapplicant to file this request. Signed__ mate (All record owners) b Certification: I, the undersigned, hereby certify underpenalty of perjury that the nformat on herein provi<te�d is correct to the best of my knowledge. Print Name LEX WILLIMAN linkCo or Agent) it or Agent) LOTS 4THRU 7 OF TRACT 31479, EAST OF D1,4MOND BAR BLVD. (Street address or tract and lot number) m (Street) (Street) RPD 20,000 - 2U xNAq 114H345, 717H345, 114H349, 111H349 Zonmg 111 H345 Previous Cases Present Use of Site VACANT/UNDEVELOPED Use applied for SINGLE FAMILY RESIDENTIAL Domestic Water Source WATER LINES IN DB BLVD. ,HIGHCREST_DR.Company/District WALNUT VALLEY WATER DIST. Method ofSe:vageDisposal SANITARY SEWER Sanitation District LA CO. SANITATION DIST. Grading of Lots by Applicant? YES x NO Amount 1 ,8000 CY (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (fill ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) LOTS 4 THROUGH 7 INCLUSIVE OF TRACT 31479, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, P.S PER MAP RECORDEC IN BOOK 998, PACES) 7 THROUGH 17 iflCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDEP. OF SAID COUPITY. Project Site: 339.3 ACRES Tentative Map Number TRACT 52267 Gross Area LOta: Existing 6 Proposed 134 Area devoted [o : Structures TD BE DETERMINED Open Space TO BE DETERMINED Residential project TO BE DETERMINED and TO BE DETERMINED Gross Area No. of floors Proposed Density 0.4 DU/AC Units/Acre Number and types of Units 130 S I NCLE FAM 1 LY N/A Residential?ar}:ing: Type Required Frovided Total .T.� l.11 I Vl L1A.�1V:'1L D�itl CONIMUNI' 0 DEVELOPMENT DEPARTMENT v;. 21660 E. Cc, y Drive Suite 190 (909)396-5676 Fax (909)861-3117 CONDITIONAL USE PERMIT APPLICATION Record Owner Applicant Name DIAMOND HILLS P,ANCH PRTNRSHIP GARZA, KERRY (Last name first) (Last name fast) . a,,_..e. 550 WEST ORANGETHORPE SUNCAL COMPANIES City PLACENTIA, CA Zip 92870 Phone( ) (714)996-6700 550 W. ORANGETHORPE PLACENTIA, CA S2B70 Phonc( ) (714)996-6700 FPL # Deposit 3 Receipt By Date Rec'd Applicant's Agent WILLIMAN, LEX (Last name first) HUNSAKER & ASSOCIATES, SD. 10179 HUENNEKENS, S 200 SAN DIEGO, CA. 92121 Phonc( ) (619)558-4500 • NOTE: h is the applicant's responsibility N notify the Community Development Director in writing of aay change of the principals involved during Lie processing of this case. (Attach scpa: ate sheet, if necessay, including rumen, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) .Co.asent: ITertify th/a/�/t I a the vner ojthe here' described property and permit the applicant taS,j/le this request. Signed / �.t :!Date (All record owners) CerSjuatian: I, the undersigned, herebp cerfffy under penalty ojperjury that the fnjormatian herein provided 1s correct fo the best of my knowledge. Print Name LEX W I LLJ MAN Ap cant or Agent) o Signed ate (cj ( plicaat orAgent) �' - Location EAST.OF DIAMOND BAR BLVD. BETWEEN GOLD RUSH DR. & GRAND AVE. Co -- (Street address or tract and lot number) Zo;!%1g RPD 20,000 - 2U HNM 114H345, 114H349, 111H349, 1111-1345, 117H345 Previous Cases N/A Present Use of Site VACANT/UNDEVELOPED Usz applied for SINGLE FAMILY RESIDENTIAL Froject Size (dross acres) 339.3 Projzct dznsity 0.4 DU/AC Domestic Water Source WATER LINES IN DB BLVD. CompanyfDistnct WALNUT VALLEY WATER DIST. & HICHCREST DR. Method of Sewage disposal SAP ?Y SEWERS Sanitation District LA CO. S CATION DIST. Grading of Lots by Applicant? Yes x No (Show necessary grading design on site plan or tent map) Record Owner CITY OF DDLMOIND BAR Cased ./ + ; -x COA 'IMTY DEVELOPMENT DEPARTAfEN7 Date Rec'd 2166., 4. Copley Drive Suite 190 Fee $ (909)396-5676 Fax (909)861-3117 Receipt# OAK TREE PERAUT APPLICATION By Applicant Name DIAMOND HI LLS RANCH PRTNSHIP. CARZA, KERRY (bast name fast) (]Last name first) Address 550 WEST ORANGETHORPE SUNCAL COMPANIES City PI-ACENTIA, CA. Zip 92870 Phone( )(774)996-6700 550 WEST ORANGETHORPE P LACENTIA, CA. 92870 Phone( )(714 )996-6700 Applicant's Agent WI LLIMAN, L'eX (Gast name lust) HUNSAKER &ASSOCIATES, SAN DIECO 10179 HUENNEKENS ST, # 200 SAN DlECO, CA.92121 Phone( )(619)558-4500 NOTE: It is the applicant's re.�poasibility to notify the Community Dzvelopment Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant Io file this.' request. rn ! Signed (Date l6//.31" (All record owners) _ I Certification: I, the undersigned, hereby certify underpenalty ofpedury that the information herein onovided'is correct to the best of my knowledge. ON Printed Name LEX W I LL I MAN r ( p [ of Agcnt) Signedx ^ II f kwDate 10/2/96 nt or Agent) Location (i.e. address or general description of location) and legal description of property in question: (use additional sheets as necessary) THE PROJECT IS LOCATED EAST OF DIAMOND 8AR BLVD. BETWEEN STEEP CANYON RD. AND GRAND AVE. AND COLD RUSH DR. LEGAL: LOTS 4 THRU 7 OF TRACT 31479. How many oak trees will be cut, removed, relocated or damaged? SEE OAK TREE/ BIOLOGICAL REPORTS FOR DETAILS. How many oak trees will remain? SEE OAK TREE REPORT/BIOLOGICAL REPORT FOR DETAILS Will trees to be removed be replaced? YES If yes, indicate the proposed size, typz, location (indicated on site ptaa) and schzdulz fer planting. SEE OAK THE REPORT/ BIOLOCI CAL REPORT FOR DETAILS. Are trees to be relocated? Y` If yes, identify who will move them and their qualifications for doing this. SEE OAK TREE OR B I OLOG I CAL REPORTS fOR DETAILS. Project Applicant (Owner): SUNCAL COMPANIES NAME 550 WEST ORANGETHORPE ADDRESS PACENTIA, CA 92670 (714)996-6700 PHONE ;# Staff Use Project No. INITIAL STUDY QUESTIOivTtAIRE A. GENERAL INFORMATION Project Representative: HUNSAKER & ASSOCIATES, SAN DIEGO, INC NAME 10179 HUENNEKENS ST.; # 200 ADDRESS SAN DIEEG0 CA 92121 (619)558-4500 PHONE ;= 1. Action requested and project description: THE PROJECT PROPOSES THE DEVELOPEMENT OF 134 LOTS AND 130 RESIDENTIAL UNITS ON APPROXIMATELY 340 ACRES. 2. Street location of project: EAST OF DIAMOND BAR BLVD. BETWEEN COLD RUSH DR, AND GRAND AVEtJUE. 3a. Present use of site: VACANT/UNDEVELOPED 3b. Previous use of site or structures: NONE 4. Flease list all previous cases Cif any) related to this project: NONE 5. Other related permit/approvals required. Specify type and granting agency. AN OAK TREE PERMIT AND CUP FOR HILLSIDE MANAGEMENT FROM THE CITY. 6. Are you planning future phases of this protect? Y O if yes, explain: 7. Project Area: Covered by structures, paving: TO BE DETERMINED Landscaping, open space: Total Area: 339.3 ACRES 8. Number of floors: N/A 9. Present zoning: RPD 20,000 21.1 10. Water and sewer service: Does service exist at site: If yes, do purveyors have capacity to meet demand of project and all other approved projects? Domestic Public Water Sewers N N Sf N U Y) N If domestic water or public sewers are not available, how will these services beprovided? Residential Projects: 11.. Number and type of units: 130 SINGLE FAMILY UNITS 12. Schools: What school district(s) serves the property? WALNUT VALLEY Are existing school facilities adequate to meet project needs? YES NO If not, what provisions will be made for addi Non -Residential projects: N/A 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) N/A 14. Number and floor area of buildings: N/A 15, Number of employees and shifts: N/A 16. Maximum employees per shift: N/A' 17. Operating hours: N/A 18. Identify any: End products Waste products_ Means of disposal N/A 19• Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO P If yes, explain N/A 20. Do your operations require any pressurized tanks? If yes, explain N/A 21. Identify any flammable, reactive or explosive materials to be located on - site. N/q 22. Will -delivery or shipment trucks travel through residential areas to leach the nearest highway? If yes, explain a :.•.t�la -•• 4 • 1. Environmental Setting --Project Site aI Existing use/structures VACANT/NO STRUCTURES b. Topography/slopes THE SITE IS CHARACTERIZED BY SHARP RIDGES, STEEP SLOPES AfdD NARROW VALLEYS. SEE SLOPE ANALYSIS FOR DETAILS *c. Ue getaiion THE SITE IS CHARACTERIZED BY HAVING SEASONAL GRASSES; OAK TREES, AND WALNUT TREES ON SITE, SEE BID REPORT FOR MORE DETAILS. *d. Animals SEE BIO REPORT FOR DETAILS *e. Watercourses SEVERAL INTERMITTENT USGS BLUELINE STREAMS EXIST ON THE PROPERTY BUT ARE NOTIMPACTED BY THE PROPOSED DEVELOPMENT. f. Oiltur al; his torical resources NONE KNOWN g. Other 2. Environmental Setting -- Surrounding Area a. Exi sting uses structures CtypeS, densities): SINGLE FAMILY RESIDENTIAL DEVELOPMENTS EXIST TO THE NORTH, SOUTH, EAST AND WEST. bI Topography/slopes SAME AS DESCRIBED ABOVE. *c. Vegetation SAME AS ABOVE. SEE BIO REPORT. *d. Animals SEE BIO REPORT *e. Watercourses USGS INTERMITTENT BLUELINE STREAMS f. Qtltural/historical resources g. Other N/A NONE KNOWN * Answers are not required if the area does not contain natural, undeveloped land. 3. Are there any major trees on the site, including oak trees? YES NO ype and number : SEE OAK TREE REPORT OR B I OLOG I CAL REPORT FOR DETAILS 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?: YES NO If.yes, explain: 5. Grading:. Will the project require grading. YES NO If yes, how many cubic yards? 1,800,000 CY Will it be balanced on site? YES NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other motor geologic hazards on the property (including uncompacted fill)? /YES) NO If yes, ezpla in: SEE GEOTECHNICAL REPORT BY PACIFIC SOILS ENGINEERING. 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? (YES NO Distance to nearest fire station: 8. Noise: Existing - noise sources at.site: NONE Noise to be generated by project: TEMPORARY CONSTRUCTION NOISE AND INSICNI FI CANT VEHICULAR NOISE AFTER PROJECT COMPLETION. Fumes: Odors generated by protect: NONE C011ld tonic fumes be generated? N0, THE PROPOSED PROJECT IS RESIDENTIAL 10. What energy -conserving designs or material will be used? THE DEVELOPMENT WILL BE SUBJECT TO TITLE 24 REQUIREMENTS. CERTIFICASION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and irlormation presented are true and correct to the best of ml,l owledge and belief. �- Date Signature LEX WILLIMAN For: SUNCAL Environmental Information Form for Residential Proiects (To be completed by applicant) General Information: Date Filed: Pertinent Permits/Applications: Project Information: 1, Name, Address and Phone Number of Project Sponsor: DIAMOND HILLS RANCH PARTNERSHIP 550 WEST ORANGETHORPE PLACENTIA, CA 92970 (714) 996-6700 2, Name, Address and Phone Number of Key Contact Person(s): MR KERRY GARZA 550 W ORANGE THORPE PLACENTIA,CA 92670 3, Project Address: DIAMOND BAR BLVD BETWEEN STEEP CANYON AND GOLD RUSH DR. IN THE CITY OF DIAMOND BAR 4, Project Assessor's Block and Parcel Number(s): 8701-6-68, 69, 703 902 AND 903 5, Other Identification (other recordedhnap location information): LOT 41 5, 6 AND 7 TRACT 31479, LA COUNTY, RECORDED IN BOOK 998 PAGES 7 THROUGH 17, 6-A. Does the project require any of the following actions by the City: YES NO Variance: STREET GRADE 14% Conditional Use Permit: OAK TREE & HILLSIDE Zone Change: R General Plan Amendment: i 6-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: VESTING TENTATIVE TRACT MAP PLANNED RESIDENTIAL DEVELOPMENT FOR CLUSTERING 7. Land Use Designations: Adopted General Plan Designation: PA-2/SP MAXIMUM OF 130DU 75% OPEN SPACE Adopted Zoning: RPD 20.000 8, Proposed Specific Use of Site: 1. 130 RESIDENTAL LOTS 6000 SQ FT OR LARGER 2. WALNUT VALLEY WATER DISTRICT TANK SITE 3. OPEN SPACE Project Description 9-A, Site Dimensions and Gross Area: THE SITE IS APPROXIMATELY 325 AC IN SIZE AND BOUNDED BY DIAMOND BAR BLVD ON THE WEST, STEEP CANYON TO THE SOUTH AND GRAND AVE TO THE SOUTH AND LEYLAND TO THE EAST. 9-B, Legal Description of the Project: (attach copy to this form if necessary) LOTS 41 5, 6 AND 7 OF TRACT 31479 IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.PER MAP RECORDED IN BOOK 998 PAGES 7 THROUGH 17 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER. 10. Project Detail Attach a separate page of descriptive data for each housing type included in this project: a. Number of Housing Units by type. 130 SINGLE FAMILY DETACHED HOMES b. Floor Area by type (minimum, maximum, and average square footage)N/A c. Number of floors (stories) for each type. MAX 2 d. Housing market targeted (demographic profile). N/A e. Estimated market sales price or estimated market rents. N/A f. Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.). N/A g. Minimum lot size. (Net lot area, not including Right-of-Way).6000 SF h. Maximum lot size. (Net lot area, not including Right-of-Way).26, 000 SF i. Average lot size. (Net lot area, not including Right -of -Way). 10, 900 SF j. Number of lots which do not meet City Standards'.NONE 11. Describe public or private utility easements, uiility lines, structures or other facilities which exist oa the surface or below the surface of the project site. THERE IS A SCE TRANSMISSION LINE WHICH TRAVERSES LOTS 4 & 5 OF TRACT 31479. THIS LINE IS NOT IMPACTED BY THE PROPOSED DEVELOPMENT TWO WVW TANKS SITE ARE LOCATED WITHIN THE PROPOSED DEVELOPMENT AREA AND WILL BE RELOCATED WITH THE APPROVAL OF THE PROJECT. 12. Associated Projects: (Projects or potential projects which are directly related to this project, ie: potential developments which require completion of this project): THIS PROJECT WILL ULTIMATELY RESULT IN THE DEDICATION OF APPROXI ATELY 240 AC OF OPEN TO THE CITY OF DIAMOND BAR. 13. Describe any anticipated Phasing for this project: (Number of Units & Time Frame) THE PROJECT GRADING AND INFRASTRUCTURE WOULD BE CONSTRUCTED AT ONE TIME. THE PHASING OF THE HOUSE CONSTRUCTION IS UNKNOWN AT THIS TIME . 14. Attach one copy of each of the following: a. Preliminary Soils Report b. Preliminary Geologic Investigation. c. Drainage Study. d. Topographic Map bigblighting any existing slopes of 25% or more. e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25 % or more. f. Photographs showing the site from different (ie: north, south, east, west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss Below all items which apply to this project: attach additional sheets as necessary) 15. Grading: Maximum depth of excavation: 90't Maximum depth of fill: 125'1. Quantity of soil moved: 1,80010w cubic yards. Will there be an on -site balance of cut and fill?: YES Quantity of import/export: NONE 16. Viewshed: Describe any change is the appearance of the site resulting from the project as proposed. THE PROJECT PROPOSES GRADING TO ACCOMODATE 130 6000 SQ. FT.RESIDENTIAL LOTS. AN ATTEMPT HAS BEEN MADE TO KEEP THE VIEW OF LARGE SLOPES TO A MINIMUM CONTOUR AND LAND FORM GRADING TECHNIQUES ALONG WITH NATURAL REVEGATATION WILL BE USED TO SOFTEN THE PROPOSED GRADING. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into an existing neighborhood? How will it relate to the size, scale, style and character of the existing surrounding development?) THE PROJECT PROPOSES TO CLUSTER 130 UNITS OF MINIMUM 6000 SF. LOTS AS PROVIDED FOR IN THE CITY'S GENERAL PLAN. THE PROJECT IS INTENTED TO RELATE FAVORABLY1TO THE EXISTING HOMES ALONG HIGHCREST DR. IN SIZE AND VALUE. 18. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity. (ie: Will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How?: Will there be any injection wells, septic systems, or other facilities which may affect surface or subsurface water quality?) THE DRAINAGE PATTERNS FOR THE PROJECT WILL NOT CHANGE AND WATER WILL NOT BE DIVERTED FROM ONE BASIN TO ANOTHER. STORM DRAINS AND URBAN POLLUTANT BASINS WILL BE PROPOSED AS NECESSARY AND SHOWN ON.THE VESTING TENTATIVE MAP. THE SITE WILL BE SEWERED SO THERE WILL BE NO SEPTIC SYSTEMS. 19. Describe any long-term noise and/or vibration which tray occur as a result of this project: (afrer construction will this project directly or indirectly cause the generation of noise and or vibration greater than any that exists now?) THE CONSTRUCTION OF THE PROJECT WOULD GENERATE SHORT TERM NOISE IMPA TS. THE DURATION WOULD BE 6-9 MONTHS. 20, Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built on filled land). FILL FOR RESIDENTIAL LOTS WILL BE DONE'WITH OVERALL GRADING. THE FOLLOWING LOTS WILL BE ON FILL MATERIAL:2, 3, 4, 5, 9 THRU 26, 44 THRU 49, 653 66, 68, 71, 82 THRU 90, 94, 95, 993 100, 1015 105 THRU 111, 113 THRU 119 AND 122 THRU 125, 21, Do any significant trees exist on the project site now? Describe the effect this project will have on them. (ie: Oak avid Walnut trees are considered significant. Describe whether the proposed project will disturb or cause removal of an of these trees). THERE ARE CURRENTLY A NUMBER OF OAK AND WALNUT TREES LOCATED ON SITE WHICH WILL BE DISTURBED BY THE PROPOSED PROJECT. A BIOLOGICAL STUDY AND REPORT HAS BEEN PREPARED BY SWEETWATER ENVIRONMENTAL FOR SUBMITTAL WITH THIS APPLICATION. 22, Is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance? If so describe. (ie: is the site an area designated as a hillside management area, significant ecological area, significant mineral resource area, etc.) N/A NONE Environmental Setting: 23. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability; slopes, drainage, scenic quality, plants and animals which may exist cn the site now, and any existing structures and the existing land use of the project site. BY THE PROJECT IS 325 ACRES OF VACANT LAND SURROUNDED EXISTING RESIDENTIAL DEVELOPMENT. THE SITE IS CHARACTERIZED BY SHARP RIDGES, STEEP SLOPES AND NARROW VALLEYS. THERE ARE KNOWN LANDSLIDES AND SLOPE INSTABILITIES ON SITE. (SEE SOILS REPO E SITE DRAINS TO EXISTING STORM DRAIN rR>;ES ON PREDOMINARELY NORTH FACING SLOPES. SEASONAL GRASSES COVER THE REMAINING PORTIONS OF THE SITE. (SEE BIOLOGY REPORT). THE SITE HAS VIEWS OF THE LA BASIN AND SAN GABRIAL MOUNTAINS. 24, Describe the surrounding properties (synopsis). This narrative shall include a description of the soil stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi -family, density, commercial, professional, etc.), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. THE PROJECT IS SURROUNDED BY EXISTING SINGLE FAMILY RESIDENTIAL DEVELOPMENT. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed proj All information is to the best of my knowledge, belief and ability to determine factual, true, core t an complete. Date: 9/27/96 kSignature: LEX 4�ILLIM�N, HUNSAKER &ASSOCIATES, SD Completion of this form is required to begin review of a projca. Information within this farm and the required attached materials will assist the City in determining whether a Negative Declaration maybe granted, whether a Mitigated Negative Declaration may be granted, or whether Environmental Impact Report shall be required. Revised 1/95 Subdivision OAK TREE STATEb�NT [ ) The subject property contains no oak trees. [ ] The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading and/or construction) will take place within five (5) fee[ of the outer dzipline of any oak tree. [� The subject property contains one or more oak trees and the applicant states that activity (grading andlot construction) will take place within five (5) feet of the outer dripline of any oak tree. ..n Oak Tree Permit has nor will be applied for prior to any activity taking place on the property. I ' f_0 -Z -9--.0 - (Applic ['s Signature) Date) � _! :� rn - o _ i t_;'c A � __ W CT