HomeMy WebLinkAbout05/10/2022PLANNING COMMISSION AGENDA
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Tuesday, May 10, 2022
6:30 PM
Diamond Bar City Hall – Windmill Community Room
21810 Copley Drive, Diamond Bar, CA 91765
PUBLIC ADVISORY:
Consistent with State Assembly Bill 361, members of the Planning Commission may be present
or participate telephonically. Members of the public are encouraged to participate and address
the Planning Commission during the public comment portion of the meeting either in per son or
via teleconference. If you would like to attend the meeting in person, please note that face
coverings are recommended.
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How to Observe the Meeting From Home:
Members of the public can observe the meeting by calling +1 (213) 929 -421 2 , Access Code: 236-009-191
or visiting https://attendee.gotowebinar.com/register/46039986559 64000272 .
How to Submit Public Comment: The public may provide public comment by attending the meeting in person,
by sending an email, or by logging into the teleconference. Please send email public comments to
Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR
PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read
into the record at the meeting, up to a maximum of five minutes.
Alternatively, public comment may be submitted by logging onto the meeting through this link:
https://attendee.gotowebinar.com/register/4603998655964000272 . Members of the public will be called
upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per
agenda item, unless the Chairperson determines otherwise.
American Disability Act Accommodations:
Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need
special assistance to participate in the Planning Commission Meeting, please contact the Community
Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available
upon request the day following the Planning Commission Meeting.
CHAIRPERSON RAYMOND WOLFE
VICE CHAIRPERSON KENNETH MOK
COMMISSIONER NAILA BARLAS
COMMISSIONER MAHENDRA GARG
COMMISSIONER WILLIAM RAWLINGS
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
Members of the public may address the Planning Commission on any item of business on the
agenda during the time the item is taken up by the Planning Commission. In addition, members
of the public may, during the Public Comment period address the Planning Commission on any
Consent Calendar item or any matter not on the agenda and within the Planning Commission’s
subject matter jurisdiction. Any material to be submitted to the Planning Co mmission at the
meeting should be submitted through the Minutes Secretary.
Speakers are limited to five minutes per agenda item, unless the Chairperson determines
otherwise. The Chairperson may adjust this time limit depending on the number of people
wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other
relevant consideration. Speakers may address the Planning Commission only once on an
agenda item, except during public hearings, when the applicant/appellant may be afforded a
rebuttal.
Public comments must be directed to the Planning Commission. Behavior that disrupts the
orderly conduct of the meeting may result in the speaker being removed from the meeting.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION
Agendas for regular Planning Commission meetings are available 72 hours prior to the meeting
and are posted in the City’s regular posting locations and on the City’s website at
www.diamondbarca.gov. The Planning Commission may take action on any item listed on the
agenda.
Copies of staff reports or other written documentation relating to agenda items are on file in the
Planning Division of the Community Development Department, located at 21810 Copley Drive,
and are available for public inspection upon request. If you have questions regarding an agenda
item, please call (909) 839-7030 during regular business hours.
HELPFUL CONTACT INFORMATION
Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030
Email: info@diamondbarca.gov
Website: www.diamondbarca.gov
The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the
COVID-19 virus.
CITY OF DIAMOND BAR
PLANNING COMMISSION
May 10, 2022
AGENDA
Next Resolution No. 2022-07
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, William
Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson
2. APPROVAL OF AGENDA: Chairperson
3. PUBLIC COMMENTS:
"Public Comments" is the time reserved on each regular meeting agenda to
provide an opportunity for members of the public to directly address the Planning
Commission on consent calendar items or other matters of interest not on the
agenda that are within the subject matter jurisdiction of the Planning
Commission. Although the Planning Commission values your comments,
pursuant to the brown act, members of the Planning Commission or staff may
briefly respond to public comments if necessary, but no extended discussion and
no action on such matters may take place. There is a five -minute maximum time
limit when addressing the Planning Commission. Please complete a speaker
card and hand it to the Minutes Secretary (completion of this form is voluntary).
The city will call on in-person speakers first and then teleconference callers, one
at a time to give their name and if there is an agenda item number they wish to
speak on before providing their comment. If you wish to speak on a public
hearing item or Planning Commission consideration item, you will then be called
upon to speak at that point in the agenda.
4. CONSENT CALENDAR:
The following items listed on the consent calen dar are considered routine and
are approved by a single motion. Consent calendar items may be removed from
the agenda by request of the Planning Commission only:
4.1 Minutes of the Planning Commission Regular Meeting – April 12,
2022.
4.2 Continued use of teleconferencing in accordance with Assembly
Bill 361 for meetings of the Planning Commission subject to State
open meeting laws.
RECOMMENDATION: Approve.
MAY 10, 2022 PAGE 2 PLANNING COMMISSION
5. NEW BUSINESS:
5.1 Review of Fiscal Year 2022-2023 Capital Improvement Program (CIP)
for Conformity with the General Plan.
Recommendation: Adopt a Resolution finding the proposed Fiscal Year
2022-2023 Capital Improvement Program to be in conformance with the
General Plan.
6. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
7. STAFF COMMENTS / INFORMATIONAL ITEMS:
8. SCHEDULE OF FUTURE EVENTS:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING:
Tuesday, May 12, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA 91765
CITY COUNCIL MEETING: Tuesday, May 17, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA 91765
PLANNING COMMISSION
MEETING:
Tuesday, May 24, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA 91765
PARKS AND RECREATION
COMMISSION MEETING:
Tuesday, May 26, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA 91765
MEMORIAL DAY HOLIDAY: Monday, May 30, 2022
In observance of the holiday, city offices will
be closed. City offices will re-open Tuesday,
May 31, 2022.
MAY 10, 2022 PAGE 3 PLANNING COMMISSION
9. ADJOURNMENT:
CITY COUNCIL MEETING: Tuesday, June 7, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA 91765
PLANNING COMMISSION
MEETING:
Tuesday, June 14, 2022, 6:30 pm
Windmill Community Room
Diamond Bar City Hall
21810 Copley Drive
Diamond Bar, CA 91765
PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 4.1
MEETING DATE: May 10, 2022
CASE/FILE NUMBER: Continued use of teleconferencing in
accordance with Assembly Bill 361 for meetings
of the Planning Commission subject to State
open meeting laws
PROJECT LOCATION:
Citywide
SUBJECT: Continued use of teleconferencing in accordance
with Assembly Bill 361 for meetings of the
Planning Commission subject to State open
meeting laws.
BACKGROUND/ANALYSIS:
The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of
a local agency be open and public, that a physical location for such meetings be
provided, and that the public be permitted to provide public comment during the
meetings – with some exceptions as defined under the law.
Due to the continued impact of the COVID-19 pandemic, the California Legislature
passed Assembly Bill 361 (AB 361), which authorizes a local agency to use
teleconferencing without complying with certain teleconferencing requirements imposed
by the Brown Act when: (1) the legislative body of a local agency holds a meeting
during a declared state of emergency; (2) when state or local health officials have
imposed or recommended measures to promote social distancing; and/or (3) when a
local agency has determined that meeting in person would present imminent risks to the
health or safety of attendees.
The Planning Commission utilized the provisions of AB 361 on April 12, 2022. In order
to continue to have the ability to use the modified teleco nferencing options, AB 361
requires that the Planning Commission re-affirm its findings every 30 days. Conditions
under which AB 361 may be utilized continue to exist as described in the attached
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission
subject to State open meeting laws Page 2 of 2
Resolution (Attachment A). The provisions of AB 361 allowing the modified
teleconferencing will expire January 1, 2024.
RECOMMENDATION:
Adopt the attached Resolution (Attachment A), providing for continued use of
teleconferencing and other formats as defined and in compliance with Assembly Bill 361
for meetings of the Planning Commission.
PREPARED BY:
REVIEWED BY:
Attachments:
A. Draft Resolution No. 2022-XX
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RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR,
CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF
TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS
OF THE PLANNING COMMISSION SUBJECT TO STATE OPEN MEETING LAWS.
WHEREAS, on March 4, 2020, California Governor Newsom declared a State of
Emergency in response to the COVID-19 pandemic;
WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor
Newsom issued Executive Orders that required, among other things, residents of California to
follow orders and guidance of local public health officials, including social distancing and
masking requirements;
WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with
specified exceptions, that all meetings of a legislative body of a local agency, as those terms
are defined, be open and public, that a physical location for such meetings be provided, and
that the public be permitted to provide public comment during the meetings;
WHEREAS, the Brown Act permits members of legislative bodies to teleconference into
public meetings subject to certain conditions, including that the place from which the member
teleconferences be open to the public, that an agenda be posted on the site, and that the
teleconference location be noticed in the agenda;
WHEREAS, in recognition that such public gatherings at such meetings could
accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among
others, these Brown Act teleconferencing requirements to provide local agencies with greater
flexibility to hold meetings via teleconferencing safely;
WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550
et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of
the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting
from the COVID-19 pandemic;
WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the
Brown Act’s teleconferencing requirements is set to expire;
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB
361), which authorizes a local agency to continue to use teleconferencing without complying
with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative
body of a local agency holds a meeting during a declared state of emergency; (2) when state
or local health officials have imposed or recommended measures to promote social distancing ;
and/or (3) when a local agency has determined that meeting in person would present imminent
risks to the health or safety of attendees;
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2 PC Resolution No. 2022-XX
WHEREAS, both Los Angeles County and state health officials continue to recommend
social distancing due to a recent increase in COVID-19 cases believe to be caused by the so-
call Omicron Variant;
WHEREAS, the Planning Commission must approve a Resolution reaffirming that the
requirements set forth in AB 361 exist every 30 days in order to allow members of its legislative
bodies to utilize the provisions of AB 361 when attending public meetings via teleconferencing;
and
WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown
Act, are now holding modified public meetings in person, there may be situations in which a
member of one of these legislative bodies decides not to attend in person due to a particular
health or safety risk posed by such attendance and as such, it is the Planning Commission’s
desire to permit members of the Planning Commission to attend by way of teleconference
pursuant to AB 361 due to health and safety concerns associated with COVID-19.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission of
the City of Diamond Bar as follows:
1. That the above recitals are true and correct. and based thereon, that the spread
and potential further spread of COVID-19 poses an imminent risk to the public
health and safety.
2. That a state of emergency due to the COVID-19 pandemic continues to exist and
at the time that this Resolution was adopted both Los Angeles County and State
health officials are recommending social distancing to slow the spread of
COVID-19.
3. That meeting in person may pose an imminent risk to the health and safety of some
attendees, including members of the Planning Commission, who due to age, health
conditions, or vaccination status, have a higher risk of contracting COVID-19 and
are more likely to get severely ill and in some cases, die from COVID-19.
4. That during the effective period of this Resolution and any reaffirmation thereof,
members of the Planning Commission may participate in meetings subject to the
Brown Act by way of teleconference in accordance with AB 361.
5. That meetings shall be held in accordance with AB 361 by, among other things,
providing notice to the public how it can access the meeting and provide public
comment, providing an opportunity for the public to attend via a call -in or an
internet-based service option, conducing the meeting in a manner which protects
the statutory and constitutional rights of the public, and stopping the meeting until
public access is restored in the event of a service disruption.
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3 PC Resolution No. 2022-XX
IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its
adoption date and must be affirmed/acknowledged every 30 days by the Planning Commission
of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply
to teleconferencing by members of the Planning Commission.
APPROVED AND ADOPTED THIS 10TH DAY OF MAY, 2022 BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By: ______________________________________
Raymond Wolfe, Chairperson
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of May, 2022, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________________
Greg Gubman, Secretary
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MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 26, 2022
CALL TO ORDER:
Chair/Wolfe called the meeting to order at 6:37 p.m. in the Diamond Bar City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765
PLEDGE OF ALLEGIANCE: Commissioner Rawlings led the Pledge of Allegiance.
1. ROLL CALL: Commissioners: Naila Barlas, Mahendra Garg
(telephonically), William Rawlings, Vice-Chair Kenneth
Mok, Chair Raymond Wolfe
Staff Present : Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima,
Associate Planner; Stella Marquez, Administrative Coordinator.
Also Present: Michael Houlihan, Principal Associate, ESA (Consultant)
2. APPROVAL OF AGENDA: As presented
3. PUBLIC COMMENTS: None Offered
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of April 12, 2022.
VC/Mok moved, C/Barlas seconded, to approve the Regular Meeting
Minutes of April 12, 2022, as presented. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok,
Chair/Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: NONE
6. NEW BUSINESS: NONE
7. PUBLIC HEARINGS:
7.1 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit
and Conditional Use Permit – Planning Case No. PL 2017-203 – Under the
authority of Diamond Bar Municipal Code (DBMC) Title 21, Sections 22.48, 22.38
and 22.58, the applicant requested approval of a residential subdivision that
includes the development of seven single-family residences and associated
infrastructure, including the southward extension of Crooked Creek Drive, on a
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12.9-acre undeveloped site. Five of the proposed residences each include an
attached accessory dwelling unit (ADU). The following entitlements are
requested:
1) Vesting Tentative Tract Map No. 54081 (“VTTM No. 54081”) to subdivide
the subject property into nine parcels for the following purposes: Seven (7)
single family residential lots; one (1) lot reserved for a trailhead that
anticipates the future improvement of Los Angeles County-owned easements
to provide access to the Schabarum Trail system; and one (1) lot containing
approximately 10.4 acres of preserved open space and associated
maintenance access. Access to the lots is proposed by extending and
dedicating Crooked Creek Drive for public right-of-way purposes.
2) Development Review to approve the site, architectural and landscape design
of a new residential development to ensure consistency with the General
Plan, Development Code, and compliance with all applicable and design
guidelines and standards.
3) Tree Permit to remove 62 existing protected trees consisting of 58 Southern
California black walnuts and four (4) coast live oaks; and to replace them at a
3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks,
totaling 213 replacement trees to be planted onsite.
4) Conditional Use Permit to approve development on a site subject to a
Planned Development Overlay District and allow modifications to the following
development standards:
● Increase the exposed retaining wall height limit from six (6) feet to 17
feet;
● Reduce the minimum front setback requirement for Lots 4 and 5 from
20 feet to 14 feet and 13.75 feet, respectively; and,
● Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000
to 8,294 square feet and 8,482 square feet, respectively.
PROJECT ADDRESS: Southern terminus of Crooked Creek Drive, east of the SR57
Freeway, Brea Canyon Road and Brea Canyon flood control
channel and north of the City’s southern boundary
(APN 8714-028-003)
PROPERTY OWNER: Cathay View Development, LLC
701 S. San Gabriel, Suite D
San Gabriel, CA 91176
APPLICANT: New Bridge Homes
500 Newport Center Drive, Suite 570
Newport Beach, CA 92660
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AP/Nakajima presented staff’s report and recommended Planning Commission
adoption of Resolutions recommending City Council adoption of the Mitigated
Negative Declaration and Mitigation Monitoring and Reporting Program and
approve Vesting Tentative Tract Map No. 54081, Development Review, Tree
Permit and Conditional Use Permit No. PL2017-203.
Chair/Wolfe opened the public hearing.
Bryan Avila, NewBridge Homes, consultant to the owner said he and his team
were present to respond to questions and concerns.
C/Rawlings asked staff to respond to two areas of concern: the 3:1 replacement
of protected trees to be removed; and the California Department of Fish and
Wildlife’s (CDFW) indication that the impact is going to be greater than just the
removal of the trees, and that the City should consider the habitat loss in its
mitigation efforts. It appears that the question involves the fuel modification
efforts that require trimming of tree branches, which would then cause an
ecological impact on the trees’ abilities to perform and be responsive to their
ecological environment.
Michael Houlihan, ESA consultant, explained that there are two woodland
habitats on the project site: oak woodland and walnut woodland. The oak
woodland is within the fuel modification zone for the new development. The oak
woodland on the site is not classified as sensitive habitat. The walnut woodland
is located behind existing homes on the east side of Crooked Creek, and is
classified as sensitive habitat; however, the walnut woodland is already subject
to brush clearance and trimming activity because it is located within the fuel
modification zone for those existing homes.
C/Rawlings asked for clarification on fuel modification that will not result in
additional loss of ecological function of trees on Response to Comments page
3-34 but on page 3-38, references new fuel modification.
Mr. Houlihan responded that the discussion is whether or not there is a significant
impact that is occurring, and if new fuel modification areas are within the oak
woodland area. The reference to fuel modification activities within zones B and C
will not result in loss of trees but will continue existing documented fuel
modification because of the existing homes. The project is not causing an
increase in fuel modification behind the existing homes.
C/Rawlings asked why we identified a certain number of protected tree removals
while CDFW recognized more trees to be mitigated (40 coast live oaks and 113
California black walnuts).
Mr. Houlihan responded that he was unsure if CDFW had been on site to observe
the smaller diameter trees that exist on site and may be referring to oaks in the
fuel modification area. The oaks aren’t sensitive species and not being removed
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APRIL 26, 2022 PAGE 4 PLANNING COMMISSION
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within the fuel modification area, and therefore, not required to be replaced under
the City’s ordinance.
Chair/Wolfe asked for clarification that any trees that are proposed for removal
that are required to be replaced at a 3:1 ratio are being accounted for. Mr.
Houlihan answered yes.
VC/Mok asked if the City has done its due diligence and involved CDFW early in
the process.
Mr. Houlihan explained that CDFW received the public review draft Initial
Study/Mitigated Negative Declaration (IS/MND) in which they provided
comments, but have not been on site or done surveys to understand what is in
the understory and what other trees exist on the site that define the area as oak
woodland as opposed to walnut woodland. What they’ve seen is the tree removal
plan that shows the walnut and oak trees that are protected under the City’s tree
ordinance. There is oak woodland based on the amount of coverage that meet
the requirements in the reference manual (A Manual of California Vegetation).
AP/Nakajima responded that CDFW was not involved until the circulation of the
public review draft IS/MND.
C/Garg believed it was imperative that an EMF study be done and he wanted to
see the plan reflect the location of the street lights. Mr. Houlihan responded that
an EMF study has not been done. AP/Nakajima responded that a street light plan
will be required for review and approval by the Public Works Department during
plan check.
C/Barlas was concerned about the cost to build and Mr. Avila responded that until
the project is approved and final plans are submitted, it is unknown at this time.
He added that the potential profit has been dwindling due to the numerous
revisions to the project.
Allen Wilson asked the Commission to consider the City needs to stop favoring
luxury housing and plan infill housing that supports the community as a whole.
He also stated concerns with only one road for evacuation in a wildlife fire hazard
area.
Robin Smith, Chair of the Diamond Bar-Pomona Valley Sierra Club Task Force,
said the task force remains opposed to the Crooked Creek residential subdivision
until its environmental mitigation plan is brought into compliance with CDFW. She
has personally spoken with CDFW and they do not think their comments ha ve
been taken seriously. She also met with NewBridge Homes and was impressed
with their plans, but told them to reach out to CDFW because by law, they are the
ones that implement CEQA. CDFW calculates tree mitigation by the area
affected, and takes into account not only quantity of trees but the relationship to
the soil and broader natural area. City’s tree ordinance does not recognize native
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APRIL 26, 2022 PAGE 5 PLANNING COMMISSION
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tree natural communities and disregards ecosystems, which results in mitigation
failure.
Lee Paulson, Responsible Land Use, believes that conservation and housing and
development can co-exist if the science is followed by working with CDFW.
CDFW is the law and the mitigation plan should be endorsed by them.
Vinod Kashyap, Responsible Land Use and resident of Crooked Creek
neighborhood, restated CDFW’s role as California’s Trustee agency for fish and
wildlife resources and said the Tree Permit considered tonight is inconsistent with
CDFW assessment and established 2018 protocols. CDFW is the agency that
enforces CEQA and mitigation is subject to failure unless endorsed by them.
Nick Prokop, resident on Gold Run Drive, spoke in opposition to the project,
including concerns with forest fires, reduced setbacks, size of homes, vacancy of
homes, and watering of mitigation trees during a drought.
Michele Staples, attorney representing applicant and owner Cathay View
Development, explained that the project has been designed in accordance with
the City’s General Plan to limit the impacts to the already impacted area of the
site and complies with the City’s public health and safety requirements as well as
CEQA. She reminded everyone that the City is the lead agency for the mitigation
plan and CDFW does not get into the details. Responses to comments in the
Mitigated Negative Declaration includes many clarifications to the CDFW
comments and incorporates 95 percent or more of the mitigation measures
CDFW proposed. Ms. Staples thanked staff for working with the developer in a
cooperative way and for responding with effectiveness to all CDFW comments.
Shih-Jing Yen implored the Commissioners, as gatekeepers for the community,
to keep the environment safe and preserve wildlife and diversity of the habitat.
He encouraged a healthy conversation with CDFW.
Amy Trang asked that the project respect nature and the environmental impacts.
She asked if the City is bypassing CDFW and they should be reached out to.
James Eng was concerned about traffic impacts to the area and that Crooked
Creek is a narrow street which may not be wide enough for fire trucks.
Chair/Wolfe closed the public hearing.
C/Rawlings stated his respect and appreciation for the project improvements that
have been made since the last iteration. The way the road is designed and the
lots have been designed around native species. While he wishes to support the
project, he remains concerned about the differences between CDFW and the City
in regards to the mitigation and as such, suggested that this item be continued
and that CDFW be invited to visit the site, provide additional comments and work
with the City on the differences.
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VC/Mok agreed with C/Rawlings that the project has evolved in a manner to allay
the concerns of the residents in the area and asked for clarification that the CDFW
has not been onsite and has not been present during this process. He asked for
clarification that if it’s up to the City to address any environmental issues and not
up to CDFW. If that is the case, inviting CDFW would be unprecedented.
Chair/Wolfe reopened the public hearing.
Michele Staples responded to VC/Mok that CEQA has a process that is driven by
the lead agency, which is the City, and CEQA requires that the City communicate
with CDFW at certain points in the CEQA process and explained the process that
has been undertaken to this point. When the City prepared the MND, it distributed
it for public comment, and CDFW weighed in with its comments. The City
responded to the comments and circulated the responses. CDFW did not further
respond to the City’s Response to Comments, but they have the opportunity to
do so. In her experience, it would be quite unusual for CDFW to come down to
the site.
Chair/Wolfe closed the public hearing.
Mr. Houlihan explained that CDFW would become involved in the CEQA process
if a lead agency such as the City of Diamond Bar sees a need to bring them in
related to a sensitive habitat or a sensitive species that might be found on the site
or expected to occur onsite in which case, focused surveys would be conducted.
The part of this project that VC/Mok referenced was that CDFW beco mes
involved when the portion of the project is within their jurisdiction, which is the
Brea Channel. There are two drains that will be connected to the channel and
will have to determine whether a CDFW streambed alteration agreement is
required. CDFW becomes involved at the request of a lead agency. There has
been a lot of discussion asking where the habitat mitigation plan is for the project,
but there is no such plan; only a Tree replacement plan that follows City’s tree
preservation ordiance is required. In the past, when there have been oaks or
walnuts or protected trees removed, it has always followed City requirement and
CDFW has not contended that the City’s ordinance is incorrect. The habitat was
evaluated to understand whether it is a sensitive habitat based on the protocol
that CDFW has established and based on the canopy coverage, which was found
during habitat mapping. CDFW has only seen the trees that are g oing to be
removed that are meeting the City’s protected tree requirement. The walnut trees
that are in the area are only composing less than 30 percent of the coverage and
it needs to be more than 30 percent to be a walnut woodland , which is the only
question from CDFW. All questions from CDFW have been responded to. The
applicant’s biologist found one sensitive plant species that is a threatened
species (the mariposa lily) in the area, but not on the site. When his firm was
hired, ESA’s biologist conducted another focused survey and still did not find the
sensitive plant species on the site. When there is a sensitive species, CDFW
becomes involved under its jurisdiction. Individual walnuts and oaks that meet
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the City’s tree ordinance are being accounted for and the project is not affecting
sensitive habitat.
Chair/Wolfe asked how many projects of a similar nature has his firm been
involved in during his career. Mr. Houlihan responded that over his 35 year
career and as project manager, has been involved in 15-20 similar projects. In
this case, ESA’s senior biologist, Dr. Daryl Koutnik oversaw the peer review of
the LSA report (prepared for the applicant), as well as preparing the amended
evaluation for the City.
ACA/Eggart responded to Chair/Wolfe that in general the process is that the State
agency does not control the CEQA process and is not the final decision -maker.
There appears to be disagreement between the City’s expert biologist and some
staff at CDFW as to what the appropriate process is for determining proper
mitigation and the City’s expert has articulated that in the written documents that
were received in Response to Comments. The Biologist who prepared those
documents is not present this evening to articulate those details orally, but they
are articulated in a detailed fashion in the Response to Comments. As to what
the nature of the disagreement is and why, the City’s expert does not believe that
CDFW’s approach is necessary or appropriate in this case. In general, to
VC/Mok’s question as to whether the City followed everything it was legally
obligated to do regarding CDFW, the answer is absolutely yes. Any state agency
may attempt to assert itself and have opinions just like any other public about the
CEQA document and they are welcome to provide them to the City for
consideration and response, but the City is not obligated to cooperate with a state
agency but may do so if it believes doing so would be appropriate.
Chair/Wolfe said he can appreciate the importance of making sure that the
community is kept in as pristine a condition as possible and he also appreciates
the fact that there is a need to continue to develop housing – maybe not high
value housing, but certainly housing stock in California is a real challenge.
Regarding the comment that the roadway is not sufficiently wide enough for a fire
truck to turn around he would offer that this is the case today and in fact, this
project will actually improve that as the fire department has been heavily involved
in the process working with the applicant and the City.
C/Garg asked for a Condition of Approval for EMF 30 study and AP/Nakajima
responded that a study was not provided because the lines are not on the
property and are just south of the City’s southern boundary. CDD/Gubman stated
that the issue with power lines and cell towers and the concern about radio
frequency radiation and EMFs is still an unsettled question. There is no definitive
evidence of health effects being caused by radio frequency radiati on or EMFs
and without having any settled science on this matter, the World Health
Organization has not reached any formal conclusion nor have any other reputable
scientific organizations. In addition, this project is not proposing to put high
voltage transmission lines next to homes, it is a proposal to build homes in the
vicinity of these transmission lines. The CEQA process is to a ssess the impact
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of a project on the environment, and this is an existing condition which future
residents of this neighborhood, if approved and developed, would be made fully
aware of and it would be their judgment about whether to reside within that
vicinity.
C/Rawlings thanked everyone for their participation this evening. He still has
concerns about mitigation but he will not move his idea about involving the CDFW
forward based on the comments from counsel and staff.
Chair/Wolfe moved, C/Barlas seconded, to Adopt Resolution No.2022-05
recommending that the City Council adopt the Mitigated Negative Declaration
and Mitigation Monitoring and Reporting Program.
Moved, seconded, to Adopt Resolution No. 2022-06 recommending that the City
Council approve Vesting Tentative Tract Map No. 54081, Development Review,
Tree Permit, and Conditional Use Permit No. PL2017 -203, based on the Findings
of Fact, and subject to the conditions of approval within the Resolution. Motion
approved 4-1 by the following Roll Call vote:
AYES: COMMISSIONERS: Barlas, Garg, VC/Mok, Chair/Wolfe
NOES: COMMISSIONERS: Rawlings
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS:
C/Rawlings thanked everyone for their participation and said he looked forward to a
successful project.
VC/Mok said that after studying the documents and weighing the positives and
negatives, he still had concerns about the project but took comfort in ACA/Eggart’s
comment that it is certain that the City and the state have been working hand -in-hand
and that there was mutual understanding which is why he voted “yes”.
C/Barlas said she had a lot of apprehension regarding this project over the years and
would like to see how it unfolds and she trusts that the City has done all that needs to
be done and hopes the project will be successful. Thank you to all who participated this
evening.
C/Garg said that upon receiving a response to his concerns regarding EMF’s he is okay
with the project and congratulated the developer and applicant.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman stated that the May 10th meeting agenda item is the review of the Capital
Improvement Projects for the upcoming fiscal year wherein the Planning Commission is
required by law to make a finding as to whether the projects are consistent with the
City’s General Plan prior to adoption of the budget for FY 2022/23.
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10. SCHEDULE OF FUTURE EVENTS:
As listed in the agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Wolfe adjourned the Regular Planning Commission meeting at 8:21 p.m.
The foregoing minutes are hereby approved this 10th day of May, 2022.
Attest:
Respectfully Submitted,
_______________________________________
Greg Gubman, Community Development Director
_____________________________
Raymond Wolfe, Chairperson
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PLANNING COMMISSION
AGENDA REPORT
AGENDA ITEM NUMBER: 5.1
MEETING DATE: May 10, 2022
CASE/FILE NUMBER: Review of Proposed Fiscal Year 2022/23 Capital
Improvement Program (CIP) for Conformity with
the General Plan
BACKGROUND:
Each year, prior to the adoption of the City’s annual budget, the Planning Commission
reviews the proposed fiscal year Capital Improvement Program (CIP) for consistency
with the City’s General Plan and adopts a resolution to record its findings. The process
is mandated pursuant to California Government Code Section 65401 (see
Attachment 2).
ANALYSIS:
The proposed FY 2022-2023 CIP is detailed in Attachment 4, and is comprised of the
following expenditures:
CIP FY2022-2023 Expenditures
Street Improvements $3,864,000
Traffic Management/Safety Improvements $901,000
Transportation Infrastructure Improvements $270,000
Miscellaneous Public Works Improvements $910,000
Facilities, Parks and Rec. Improvements $3,415,000
Total: $9,360,000
These capital improvement projects are funded by various sources: General Fund;
Measure W; Road Maintenance and Rehabilitation Account (SB -1); Measure M;
Measure R Local Return; Gas Tax; Proposition A; Proposition C; Assembly Bill 2766;
Community Development Block Grant (CDBG) Funds; Hauler Fees; Park Development;
and Proposition 68.
The Public Works Department develops the project list based on identified community
improvement needs. Planning staff finds that the proposed FY2022 -2023 CIP is
CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117
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consistent with the adopted General Plan 2040’s numerous Goals and Policies,
including, but not limited to, the following:
Land Use & Economic Development Element
➢ Policy LU-P-14
➢ Policy LU-P-51
Community Character & Placemaking Element
➢ Policy CC-P-4
➢ Policy CC-P-64
Circulation Element
➢ Policy CR-P-1
➢ Policy CR-P-20
➢ Policy CR-P-26
➢ Policy CR-P-36
➢ Policy CR-P-48
Resource Conservation Element
➢ Goal RC-G-2
➢ Goal RC-G-3
➢ Goal RC-G-7
➢ Policy RC-P-5
➢ Policy RC-P-22
Public Facilities & Services Element
➢ Policy PF-P-18
Public Safety Element
➢ Goal PS-G-12
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➢ Policy PS-P-51
Community Health & Sustainability Element
➢ Policy CHS-P-38
➢ Policy CHS-P-41
The full text of the above Goals and Policies are provided in the attached Resolution.
Capital Improvement Projects
Below is a summary of the various projects proposed under the FY2022-2023 CIP:
Street Improvement Projects
• Road Maintenance Projects – Grind and overlay, slurry seal or chip seal
maintenance is applied to designated roadways within the City. This type of
maintenance activity is applied annually to residential streets and arterial roadways
on an eight-year cycle per neighborhood to extend the life of the existing road
pavement; and the appropriate pavement markings are re-established (see
Attachment 3). Road Maintenance improvements also include curb ramp upgrades
with sidewalk, curb and gutter repairs as necessary.
o Residential & Collector Street Rehabilitation – Area 1 (Construction): A portion of
Area 1 is west of Diamond Bar Blvd., east of Grand, south of the northern City
limits and north of the intersection of Diamond Bar Blvd./Grand Ave. east of
Diamond Bar Blvd., west of Grand Ave., and north of The Country Estates.
Construction is expected to start May 2022 and completed in August 2022. This
is a carryover project from FY2021-2022.
o Arterial Street Rehabilitation – Golden Springs from Brea Canyon Road to Lemon
Avenue (Construction): The project includes the complete rehabilitation of
Golden Springs Drive from Brea Canyon Road to Lemon Avenue. Based on
existing pavement conditions, it is anticipated the treatment will include AC edge
grind or full width overlay and ADA curb ramp improvements. Construction is
expected to start May 2022 and completed in August 2022. This is a carryover
project from FY2021-2022.
o Residential & Collector Street Rehabilitation – Areas 3,4, and 5 (Design); Arterial
Street Rehabilitation – 3 Locations (Design) [Locations pending PMS update];
CDBG Curb Ramp Areas 3, 4, and 5 (Design): The project includes the design
of street improvement plans for residential and arterial street rehabilitation
program for the next three years. The locations are prioritized using the City’s
latest Pavement Management Plan. Construction is expected to start
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September 2022 and completed in June 2022. This is a new project for FY2022-
2023.
o Residential and Collector Street Rehabilitation – Area 2 (Construction): The
project includes the application of slurry seal over the existing pavement and AC
edge grind and overlay. This type of maintenance activity is p erformed annually
throughout the City on residential streets to extend the life of the roadways.
Construction is expected to start May 2022 and completed in August 2022. This
is a new project for FY2022-2023.
o Arterial Street Rehabilitation (Golden Springs from Brea Canyon to Grand)
(Construction): The project includes the complete rehabilitation of Golden
Springs Drive from Brea Canyon Road to Grand Avenue. Based on existing
pavement conditions, it is anticipated the treatment will include AC edge grind or
full width overlay and ADA curb ramp improvements. Construction is expected to
start May 2022 and completed in August 2022. This is a new project for FY2022 -
2023.
o CDBG Area 3 ADA Curb Ramp Project (Construction): The project includes
upgrading existing curb ramps and installing new curb ramps that meet the latest
Federal ADA compliance standards. Construction is expected to start March
2023 and completed in May 2023. This is a new project for FY2022-2023.
Traffic Management/Safety Projects
o Battery Backup and CCTV Replacement Program: To protect against blackouts
at signalized intersections during a power loss, this project will replace the edge
equipment that was originally installed in 2008 and 2011. This is the second
phase of a multi-year replacement program. Construction is expected to start
July 2022 and completed by the end of the 2022 calendar year. This is a
carryover project from FY2021-2022 with a new request.
o LED Illuminated Street Name Sign and LED Highway Safety Light Replacement
(Design and Construction): With the launch of the City’s new logo, the aging
illuminated street name signs at each signalized intersection redesigned to
incorporate the new logo with new LED lighting. Approximately 228 signs with
new City logo design replaced Citywide. Construction is expected to start
November 2022 and completed in May 2023. This is a new project for FY2022 -
2023.
Transportation Infrastructure Improvements
• Bus Shelter Replacements at Golden Springs and Calbourne (Design and
Construction): The project includes the replacement of the existing bus shelters at
Golden Springs Drive/Calbourne Drive and is part of the Foothill Transit’s Bus Stop
Enhancement Program (BSEP). The proposed improvements include new shelter
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structures, benches and trash bins. Construction is expected to start September
2022 and completed in December 2022. This is a carryover project for FY2021 -
2022.
• Citywide Bus Shelter Replacement Program (Design and Construction): The
proposed bus shelter program includes replacement of all shelter structures,
benches and trash bins Citywide. Construction is expected to start September 2022
and completed in December 2022. This is a carryover project for FY2021 -2022 with
a new request.
Miscellaneous Public Works Improvements
• Grand/Golden Springs Intersection Enhancement Project (Construction) – As
part of the required mitigation improvements for the development north of the
57/60 confluence area, the intersection of Grand Ave. and Golden Springs Drive
will be widened by the City of Industry. In conjunction with the widening of the
intersection, Diamond Bar will implement landscape and hardscape elements
with decorative traffic signals, crosswalks and enhanced parkway landscape that
have been incorporated at the Grand A ve/Diamond Bar Blvd., Grand
Ave./Longview Dr. and Diamond Bar Blvd./Brea Canyon Road intersections.
Construction started February 2021 and is expected to be completed in February
2023. This is a carryover project from FY2021-2022.
• Groundwater Drainage Improvements Phase 4 & 5 – Copley and Moonlake
(Design and Construction): In FY2014-15, a Comprehensive Groundwater
Drainage Study was completed identifying and evaluating various roadway
locations with groundwater conditions that warrant drainage improvem ents. The
project includes the design of drainage devices to divert groundwater that
continuously flows through Copley Drive from the hillside behind City Hall as
identified on the Citywide Comprehensive Drainage Study. Construction is
expected to start September 2022 and completed in January 2023. This is a new
project for FY2022-2023.
• Grand Avenue Median Drainage Improvement Project (Design and
Construction): Design and construction of drainage improvements to mitigate
ponding water in the travel lane and crosswalk due to a low point at a median
nose. Construction is expected to start October 2022 and completed in
November 2022. This is a new project for FY2022-2023.
• Brea Canyon Storm Drain Lining Project (800 ft. between Brea Canyon Road
from Gerndal to Golden Springs): The project will install pipe lining and concrete
encasing for a 1,000-foot stretch of storm drain. Construction is expected to start
October 2022 and completed in November 2022. This is a new project for
FY2022-2023.
Facility, Parks and Recreation Improvements
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• Canyon Loop Trail (Design and Construction): The project includes the design
and environmental review of proposed improvements to the existing loop trail in
the open space area adjacent to the Diamond Bar Center. Vario us
improvements include new amenities such as benches, shade structures, way -
finding and interpretive signage, and trail surface enhancements in steep areas
to improve accessibility and minimize erosion. Construction started July 2019
and is expected to be completed in January 2023. This is a carryover project
from FY2021-2022.
• Diamond Bar Center GVBR Lighting & Controls Upgrade (Design): The project
includes the design of a new house lighting and controls system for the Grand
View Ballroom at the Diamond Bar Center. This will improve reliability, efficiency
and provide a better send user experience. Construction is expected to start
October 2022 and completed in May 2023. This is a new project for FY2022 -
2023.
• Diamond Bar Center Slope Stabilization (Construction): The project will address
the potential footing and slab settlement along the north Diamond Bar Center
building. Construction is expected to start November 2022 and completed in
June 2023. This is a new project for FY2022-2023.
• Diamond Bar Center Main Entry/Doors & ADA Improvements (Design): The
project includes the design of the main entry, new door hardware, and ADA
improvements at the Diamond Bar Center. Construction is expected to start
October 2022 and completed in May 2023. This is a new project for FY2022-
2023.
• Pantera Park Hard Court Rehab and LED Retrofit Project (Design and
Construction): The project includes the design and rehabilitation of the tennis
and basketball courts. Construction is expected to start October 2022 an d
completed in June 2023. This is a new project for FY2022 -2023.
• City Hall Cable Channel Broadcast and A/V Equipment Upgrade (Construction):
This project will upgrade or replace the City’s cable channel broadcasting
equipment. It will also add or replace cameras in the City Hall Windmill and
Willow rooms. Construction is expected to start August 2022 and completed by
the end of the calendar year. This is a new project for FY2022-2023.
• City Hall Roof Rehabilitation/Solar System Removal and Reinstallation (Design):
In preparation for the City Hall roof rehabilitation project currently proposed for
Fiscal Year 2023-2024, this project will review and recommend options for the
existing rooftop solar system. Work on this project is expected to start
September 2022 and completed in February 2023 on time for the subsequent
fiscal year’s construction project.
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• Sport Field Lighting Control Link (Design and Construction): The sports field
lighting at Lorbeer Middle School, Pantera Park, Peterson Park and Herita ge
Park currently operate on a manual system meaning that staff needs to ensure
that all the lights are being turned on and off. A new control link system installed
under this project would provide the ability for Staff to schedule in advance and
operate the lights remotely which would be helpful for weekend and afterhours
assistance. The control link system also provides reporting functions which will
ensure the lights are being used to promote energy efficiency, reduce
unnecessary use, and minimize lighting impacts on surrounding neighborhoods.
Work on this project is anticipated to start October 2022 and completed in
February 2023.
• Maple Hill Park Playground/Restroom Replacement and ADA Upgrades (Design
and Construction): This project will renovate and replace the restrooms and kids
playground at Maple Hill Park. The upgrades also include making the facilities
compliant with the American with Disability Act standards where applicable. The
design work will start in early FY2022-2023 and construction will commence
subsequent to the design completion, which is currently programmed by the end
of FY2022-2023.
• Diamond Bar Center AC Replacement & Air Quality Upgrades (Construction):
The project includes the construction of a new HVAC system to replace the
existing system at the Diamond Bar Center which will improve reliability,
efficiency, and improve indoor air quality. Construction is expected to start
September 2022 and completed in May 2023. This is a new project for FY2022 -
2023.
• Diamond Bar Center AC Replacement & Air Quality Upgrades (Design): The
project includes a new HVAC system design to replace the current system at the
Diamond Bar Center and improve the indoor air quality. Construction is expected
to start June 2022 and completed in December 2022. This is a carryover project
from FY2021-2022.
PREPARED BY:
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REVIEWED BY:
Attachments:
A. Draft Resolution No. 2022-XX
B. CA Government Code Section 65401
C. Citywide Residential and Collector Road Maintenance Program
D. FY2022-2023 Capital Improvement Program Project List
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PLANNING COMMISSION
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, FINDING THAT THE PROPOSED FISCAL YEAR 2022/23
CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE
GENERAL PLAN OF THE CITY OF DIAMOND BAR AND RECOMMENDING
APPROVAL TO THE CITY COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 65401.
A. RECITALS
1. WHEREAS, on April 18, 1989, the City of Diamond Bar (“City”) was established
as a duly organized municipal corporation of the State of California.
2. WHEREAS, on December 17, 2019, the City of Diamond Bar adopted the most
recent comprehensive update of the General Plan (“General Plan 2040”).
3. WHEREAS, the City prepared a proposed CIP and Budget for the City’s 2022/23
Fiscal Year (“FY”) which outlines a program identifying proposed public works
improvement projects to occur during the fiscal year. The projects include, but
are not limited to, street and highway improvements, traffic signal modifications,
and park improvements.
4. WHEREAS, California Government Code Section 65401 requires the Planning
Commission to review proposed public works projects for the ensuing fiscal year
to determine compliance with the City’s General Plan.
5. WHEREAS, on May 10, 2022, at a regularly scheduled meeting, the Planning
Commission reviewed and considered the proposed FY 2022/23 CIP, and the
projects contained therein, and concluded said review prior to the adoption of this
Resolution.
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. Based upon the facts and evidence presented during the Planning Commission
meeting regarding the City’s proposed Fiscal Year 20 22-2023 Capital
Improvement Program, including oral and documentary evidence provided by
City staff, and in accordance with the provisions of California Government Code
Section 65401, the Planning Commission hereby finds as follows:
(a) The projects identified in the City’s proposed Fiscal Year 2022-2023
Capital Improvement Program, are consistent with the City’s General Plan
2040’s numerous goals and policies adopted December 17, 2019,
including, but not limited to, the following:
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CIP 2022-2023
(i) Land Use & Economic Development Element
• Policy LU-P-14 – Improve vehicular accessibility, traffic flow, and
parking availability as well as pedestrian and bicycle access and
amenities within office, commercial, and industrial areas.
• Policy LU-P-51 – Provide streetscape and intersection
improvements along Golden Springs Drive to enhance comfort
and safety for all modes of travel and increase accessibility to
and from surrounding areas.
(ii) Community Character & Placemaking Element
• Policy CC-P-4 – Continue to support community identity with
streetscape improvement and beautification projects in both
existing residential areas and commercial centers, as well as
new mixed-use areas that incorporate unified landscaping and
pedestrian amenities. Amenities should include seating, bus
shelters, pedestrian safety treatments such as sidewalk bulb-
outs and widening and improved crosswalks, and city-branded
decorative elements such as street lighting, concrete pavers,
tree grates, and theme rails.
• Policy CC-P-64 – Provide streetscape and intersection
improvements along Golden Springs Drive to enhance comfort
and safety for all modes of travel and increase accessibility to
and from surrounding areas.
(iii) Circulation Element
• Policy CR-P-1 – When redesigning streets, plan for the needs of
different modes by incorporating elements such as shade for
pedestrians, safe pedestrian-friendly crossings/intersections,
lighting at the pedestrian scale, bike lanes, signage visible to
relevant modes, transit amenities, etc.
• Policy CR-P-20 – Implement measures such as additional signal
timing and synchronization, speed limit regulations, and ITS
techniques to increase safety and reduce congestion. Maintain
a pavement management system and maintenance program for
all public roadways throughout the City.
• Policy CR-P-26 – As opportunities arise, coordinate with other
jurisdictions, including neighboring cities, Los Angeles County,
San Bernardino County, and Caltrans, on improvements to street
segments common to the City of Diamond Bar and other
jurisdictions.
• Policy CR-P-36 – Where appropriate, plant street trees and
provide landscaping along major pedestrian and bicycle routes
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CIP 2022-2023
to provide shade and barriers between cyclists and motorists, as
well as enhance aesthetics.
• Policy CR-P-48 – As opportunities arise, coordinate with Foothill
Transit to maintain and improve bus stops and shelters, as well
as identify areas where service can be improved or expanded to
increase system use.
(iv) Resource Conservation Element
• Goal RC-G-2 – Seek to link the various elements of the open
space network through the development of an integrated
system of trails and greenways.
• Goal RC-G-3 – Preserve to the extent possible open space
ridgelines, hilltops, and prominent slopes for aesthetic,
biological and natural resource conservation, and safety
purposes.
• Policy RC-P-5 – Link parks, open spaces, and regional hiking
trails with a trail network where feasible, acknowledging
topographical constraints and other barriers. Incorporate
existing trails and bicycle and pedestrian infrastructure, working
with willing landowners to prioritize land acquisition where
necessary. Where possible, incorporate landscaping and
enhance natural features to create greenways along the trail
network.
• Goal RC-G-7 – Protect waterways—including creeks, riverines,
artesian springs, seeps, and wetlands—and watersheds in
Diamond Bar from pollution and degradation as a result of urban
activities.
• Policy RC-P-22 – Protect and, where feasible, enhance or
restore the City’s waterways and drainages, preventing erosion
along the banks, removing litter and debris, and promoting
riparian vegetation and buffers.
(v) Public Facilities & Services Element
• Policy PF-P-18 – Where feasible, link parks, open spaces, and
regional hiking trails with a trail network. Incorporate existing
trails and bicycle and pedestrian infrastructure, working with
willing landowners to prioritize land acquisition where
necessary. Where possible, incorporate landscaping and
enhance natural features.
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CIP 2022-2023
(vi) Public Safety Element
• Goal PS-G-12 – Support measures to reduce noise emission by
motor vehicles, aircraft, and trains.
• Policy PS-P-51 – Coordinate with the Union Pacific Railroad and
other agencies and private entities to consider the
implementation of a railroad quiet zone and other methods of
reducing railroad noise impacts on surrounding noise-sensitive
uses along the Union Pacific Railroad line adjacent to the city.
(vii) Community Health & Sustainability Element
• Policy CHS-P-38 – Promote the adoption of rooftop and
parking lot solar power and/or other alternative energy usage
on developed sites in Diamond Bar through actions such as:
a. Establishing incremental growth goals for solar
power/alternative energy systems in Diamond Bar;
b. Developing guidelines, recommendations, and examples
for cost-effective solar and/or other alternative energy-
based installation; and
c. Installing solar/alternative energy technology on existing
City facilities.
• Policy CHS-P-41 – Support the use of clean fuel and “climate
friendly” vehicles in order to reduce energy use, energy cost,
and greenhouse gas emissions by residents, businesses, and
City government activities.
(b) The proposed projects comply with all other applicable requ irements of
State law and local ordinances, regulations, and standards; and
(c) The proposed Fiscal Year 2022-2023 Capital Improvement Program is
found to be Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA), under Se ction 15301 of the CEQA
Guidelines (operation, repair, maintenance of existing facilities).
3. Based on the findings and conclusions set forth above, this Resolution shall serve
as the Planning Commission’s report to the City Council regarding the General
Plan conformity of the proposed public works projects in the City’s Fiscal Year
2022-2023 Capital Improvement Program as required by California Government
Code Section 65401.
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CIP 2022-2023
The Planning Commission shall:
(a) Certify as to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of the City
of Diamond Bar for use in its deliberations regarding the City’s budget.
ADOPTED AND APPROVED THIS 10th DAY OF MAY, 2022, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
______________________________
Raymond Wolfe, Chairman
I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby
certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular
meeting of the Planning Commission held on the 10th day of May, 2022, by the following vote
to wit:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST: ______________________________
Greg Gubman, Secretary
5.1.a
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CALIFORNIA GOVERNMENT CODE SECTION 65401
Review of Capital Improvement Projects for Conformity with the General Plan
If a general plan or part thereof has been adopted, within such time as may be fixed by
the legislative body, each county or city officer, department, board, or commission, and
each governmental body, commission, or board, including the governing body of any
special district or school district, whose jurisdiction lies wholly or partially within the
county or city, whose functions include recommending, preparing plans for, or
constructing, major public works, shall submit to the official agency, as designated by
the respective county board of supervisors or city council, a list of the proposed public
works recommended for planning, initiation or construction during the ensuing fiscal
year. The official agency receiving the list of proposed public works shall list and classify
all such recommendations and shall prepare a coordinated program of proposed public
works for the ensuing fiscal year. Such coordinated program shall be submitted to the
county or city planning agency for review and report to said official agency as to
conformity with the adopted general plan or part thereof.
5.1.b
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5.1.c
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DRAFT FY 2022/23 CAPITAL IMPROVEMENT PROGRAM BUDGET ATTACHMENT 1
Street Improvement Projects (301610-56101)Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request
(202)
RMRA
(203)
Measure M
(204) Measure R
Local Return
(205)
Gas Tax
(207)
Prop C
(252) Hauler
Fees
(225)
CDBG
CONSTRUCT Residential and Collector Street Rehab - Area 1 (Const.)Ongoing - No New Request
CONSTRUCT
Arterial Street Rehab
(Golden Springs from Brea Canyon to Lemon Ave.) (Const.)Ongoing - No New Request
DESIGN Residential and Collector Street Rehab.- Area 3, 4, 5 (Design)
Arterial Street Rehab - 3 Locations (Design) [Locations Pending PMS Update]
CDBG Curb Ramp - Area 3, 4, 5 (Design)New 380,000$ 380,000$
CONSTRUCT Residential and Collector Street Rehab - Area 2 (Const.)New 2,600,000$ 1,090,000$ 1,300,000$ 64,000$ 146,000$
CONSTRUCT Arterial Street Rehab (Golden Springs from Brea Canyon to Grand Ave.) (Const.)New 700,000$ 400,000$ 300,000$
CONSTRUCT CDBG Area 3 ADA Curb Ramp Project (Const.)New 184,000$ 184,000$
Total - Street Improvement Projects 3,864,000$ 400,000$ 1,470,000$ 1,300,000$ 64,000$ 300,000$ 146,000$ 184,000$ -$ -$
Traffic Management/Safety Projects (301610-56102)Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request (207) Prop C (203) Measure
M
(205)
Gas Tax
CONSTRUCT Battery Back-Up and CCTV Replacement Program Ongong - With New Request 61,000$ 61,000$
ALL LED Illuminated Street Name Sign and Highway Safety Light Replacement (Design and
Const.)New 840,000$ 390,000$ 450,000$
Total - Traffic Management/Safety Projects 901,000$ 61,000$ 390,000$ 450,000$ -$ -$ -$ -$ -$ -$
Transportation Infrastructure Improvements (310610-56103) Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request (207) Prop C Foothill Transit
Grant (45030)
(206)
Prop A
CONTRUCT Bus Shelter Replacement - GSD/Calbourne Ongoing - No New Request -$
ALL Citywide Bus Shelter Replacement Program (Design & Const.)Ongoing - With New Request 270,000$ 270,000$
Total-Transportation Infrastructure Improvements 270,000$ -$ -$ 270,000$
Miscellaneous Public Works Improvements (301610-56105) Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request MSRC Grant (43130)(202)
RMRA
(203)
Measure M
(207)
Prop C
(251)
AB2766
(209)
TDA
(201)
Measure W
(204)
Measure R
CONSTRUCT Grand/GSD Intersection Enhancement (Construction)Ongoing - No New Request
DESIGN Groundwater Drainage Improvements-Phase 4 & 5 (Copley & Moonlake) (Design)New 130,000$ 130,000$
CONSTRUCT Groundwater Drainage Improvements-Phase 4 & 5 (Copley & Moonlake)
(Construction)New 530,000$ 530,000$
ALL Grand Avenue Median Drainage Improvement Project (Design and Const.)New 100,000$ 100,000$
CONSTRUCT Brea Canyon Storm Drain Lining Project (800 ft between DB Church and GSD) New 150,000$ 150,000$
Total - Miscellaneous PW Improvements 910,000$ -$ -$ -$ -$ -$ -$ 760,000$ 150,000$ -$
Facilities, Parks and Rec Improvements (301630-56104) Funding Sources:
Phase Project Description Status FY 22/23 Budget
Request (100) General Fund (260)
Quimby
(262) Park
Development
(504)
Building &
Facilities
Fund
FEMA
(42010)CalOES (42055)
Habitat
Conserv
Grant
(43110)
(201) Measure
W (261) Measure A Prop 68*PEG Fees
DESIGN Canyon Loop Trail (Design)Ongoing - With New Request 25,000$ 25,000$
CONSTRUCT Canyon Loop Trail (Construction)Ongoing - No New Request
DESIGN DBC GVBR Lighting & Controls Upgrade (Design)New 20,000$ 20,000
CONSTRUCT DBC Slope Stabilization (Construction)New 1,260,000$ 1,245,000$ 15,000$
DESIGN DBC Main Entry/Doors & ADA Improvements (Design)New 40,000$ 40,000$
CONSTRUCT Pantera Park Hard Court Rehab and LED Retrofit Project (Design & Const.)New 270,000$ 57,000$ 213,000$
CONSTRUCT City Hall Cable Channel Broadcast and A/V Equipment Upgrade (Const.)New 300,000$ 300,000$
DESIGN City Hall Roof Rehabilitation/Solar System Removal and Reinstallation (Design)New 30,000$ 30,000$
CONSTRUCT Sportfield Lighting Control Link New 60,000$ 60,000$
DESIGN Maple Hill Park Playground/Restroom Replacement and ADA Upgrades (Design)New 60,000$ 60,000$
DESIGN Maple Hill Park Playground/Restroom Replacement and ADA Upgrades (Const.)New 600,000$ 600,000$
CONSTRUCT DBC AC Replacement & Air Quality Upgrades (Const.)New 750,000$ 750,000
DESIGN DBC AC Replacement & Air Quality Upgrades (Design)Ongoing - No New Request
Total - Facilities, Parks and Rec Improvements 3,415,000$ 2,170,000$ -$ 717,000$ -$ -$ -$ -$ 15,000$ -$ 213,000$ 300,000$
GRAND TOTAL FY 2022-23 CIP PROGRAM REQUEST 9,360,000$
Projects Life-to-Date Budget Total (Includes FY 2022/23 Request)*15,504,855$ 1
5.1.d
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DRAFT FY 2022/23 CAPITAL IMPROVEMENT PROGRAM BUDGET ATTACHMENT 1
*see below and Draft Five-Year CIP Program for further information
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DRAFT FY 2022/23 CAPITAL IMPROVEMENT PROGRAM BUDGET ATTACHMENT 1
Fund #Funding Source Totals FY 22/23 Request Listed Projects Lifetime
100 General Fund 2,170,000$ 2,260,436$ FY 2022/23 CIP Program Totals by Type
201 Measure W 775,000$ 808,000$ Street Improvements 3,864,000$
202 RMRA (SB-1)400,000$ 1,676,811$ Traffic Management/Safety Improvements 901,000
203 Measure M 1,860,000$ 3,067,691$ Transportation Infrastructure Improvements 270,000
204 Measure R 1,450,000$ 2,350,000$ Miscellaneous Public Works Improvements 910,000
205 Gas Tax 514,000$ 578,000$ Facilites, Parks and Rec. Improvements 3,415,000
206 Prop A 270,000$ 1,200,000$ Total 9,360,000$
207 Prop C 361,000$ 1,129,685$
209 SB 821 Fund - Bike and Pedestrian Paths (TDA)-$ 100,787$
251 AB2766 -$ -$
225 CDBG 184,000$ 184,000$ CIP Program Year-Over-Year FY 2021/22 DRAFT FY 2022/23 % Change
252 Hauler Fees 146,000$ 282,000$ Street Improvements 3,506,394$ 3,864,000$ 10%
260 Quimby Funds -$ 11,946$ Traffic Management/Safety Improvements 51,000 901,000 1667%
261 Measure A -$ 185,000$ Transportation Infrastructure Improvements 1,045,000 270,000 -74%
262 Park Development 717,000$ 780,614$ Miscellaneous PW Improvements 1,986,359 910,000 -54%
301 MSRC Grant -$ -$ Facilites, Parks and Rec. Improvements 938,283 2,755,000 194%
504 Building & Facilities Maintenance Fund -$ 75,000$ Total 7,527,036$ 8,700,000$ 16%
-Prop 68*213,000$ 213,000$
-Federal STP-L -$ -$
-PEG Fees 300,000$ 300,000$
301-42010 FEMA -$ -$
301-42055 CalOES -$ -$
301-45030 Foothill Transit Grant -$ 40,000$
301-43110 Habitat Conservation Grant -$ 267,500$
Total 9,360,000$ 15,504,856$
* Prop 68 application has been submitted. The project will be moved to 5-year CIP brfore the City Council approval if the grant is not awarded.
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5.1.d
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Project Status Report CITY OF DIAMOND BAR
May 10, 2022 COMMUNITY DEVELOPMENT DEPARTMENT
LEGEND PH = PUBLIC HEARING
X = NON PUBLIC HEARING
AP = ASSIGNED PLANNER
PC = PLANNING COMMISSION
CC = CITY COUNCIL
PROPERTY LOCATION
PLANNING COMMISSION REVIEW File # AP Applicant PC
5/10/22
CC
5/17/22
PC
5/24/22
CC
6/7/22
PC
6/14/22
CC
6/21/22
CIP Fiscal Year 2022-2023 GL Citywide X
Crooked Creek
(7-unit subdivision)
VTTM, DR, CUP, TP
PL2017-203
MN New Bridge Homes PH
23712 Ridge Line Rd.
(New single-family residence)
DR PL2022-01 DT Peng Jiang PH
ADMINISTRATIVE REVIEW
Property Location AP Applicant
None
PENDING ITEMS
Property Location File # AP Applicant Status
1625 Bears Den Rd.
(Addition to single family residence)
DR PL2021-01 MN Pete Volbeda Second incomplete letter sent 8/31/21 – waiting for additional information
2020 Brea Canyon Rd.
(2-Lot Subdivision)
TPM PL2022-07 GL Nathaniel Williams First Incomplete Letter Sent 02/22/22 – waiting for additional information
1198 Chisolm Trail Dr.
(New single-family residence)
DR PL2021-51 JT/DT Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information
20221 Damietta Dr.
(Addition and remodel to single-family
residence)
DR PL2021-83 MN/
DK
Chen Lee Under review
2001 Derringer Ln.
(2-lot subdivision)
TPM 83036/DR
PL2021-46
MN
Gurbachan S. Juneja Second incomplete letter sent 3/4/22 – waiting for additional information
Gentle Springs Ln. and
S. Prospectors Rd.
GPA, ZC, VTTM, DR
PL2021-23
GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information
2234 Indian Creek Rd.
(New single-family residence)
DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information
22909 Lazy Trail Rd.
(Addition and remodel to single family
residence)
DR, MCUP PL2021-05 JT/DT Walt Patroske Third incomplete letter sent 3/30/21 – waiting for additional information
7.1
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Project Status Report CITY OF DIAMOND BAR Page 2
May 10, 2022 COMMUNITY DEVELOPMENT DEPARTMENT
PENDING ITEMS (continued)
Property Location File # AP Applicant Status
20948 Moonlake St.
(Addition and remodel to single-family
residence)
DR, MCUP PL2022-23 MN
Efrain Coronado First incomplete letter sent 4/21/22 – waiting for additional information
23121 Ridge Line Rd.
(New single-family residence)
DR PL2020-31 MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information
Walnut Valley Unified School District
(Billboard Ordinance)
PL2021-43 GL/
MN
WVUSD Under review
7.1
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as
follows:
I hereby certify, under penalty of perjury under the Taws of the State of California that on
May 5, 2022, 1 posted the May 10, 2022, Planning Commission Agenda, pursuant to
Government Code Section 54950 et.seq. at the following locations:
Diamond Bar City Hall, 21810 Copley Drive
SCAQMD/Government Center, 21865 Copley Drive
Heritage Park, 2900 Brea Canyon Road
Diamond Bar Library, 21800 Copley Drive
City website: www.diamondbarca.gov
Executed on May 5, 2022, at Diamond Bar, California.
Stella Marquez
Community Development Dept.
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