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RES 2013-28
CITY COUNCIL RESOLUTION NO. 2013- 2 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2012061066), APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM AND ADOPTING FINDINGS OF FACT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT, AFFECTING AN AREA COMPRISED OF APPROXIMATELY 30 ACRES GENERALLY LOCATED ALONG THE WEST SIDE OF CHINO HILLS PARKWAY SOUTH OF ITS INTERSECTION WITH DIAMOND RANCH ROADISCENIC RIDGE DRIVE, AND SOUTH OF THE SR -60 FREEWAY AND DIAMOND RANCH HIGH SCHOOL (ASSESSORS PARCEL NUMBER 8701-22-273). A. RECITALS 948324.1 951513.1 On April 19, 2011, the City Council adopted the 2008-2014 Housing Element update, which was found to be in compliance with state law by the California Department of Housing and Community Development (HCD) on June 14, 2011. The Housing Element identifies Diamond Bar's. share of the regional housing need for the 2006-2014 time period as 1,090 units, including 284 very -low income units, 179 low-income units, 188 moderate -income units, and 439 above -moderate units. Housing need allocations are determined by the Southern California Association of Governments (SCAG) for each jurisdiction in the six -county SCAG region through a process known as the Regional Housing Needs Assessment (RHNA). 2. Due to a 2009 annexation adjustment, the City's 2006-2014 regional housing allocation increased to 1,098 units, with its lower-income (i.e., very -low and low) share increasing to 466 units. In the 5th Housing Element update cycle for the 2013-2021 planning period, the City has been allocated a need for 1,146 total units, of which 490 are in the very -low and low income categories. State law requires the City to demonstrate that it has adequate sites with appropriate zoning to accommodate development of new housing commensurate with this RHNA allocation. State law does not mandate that new housing units must be built, nor require cities to build or finance new housing. The City's legal obligations are to ensure that zoning is in place.such that new housing could be developed in accordance with the RHNA, and to facilitate the planning and development process when property owners seek approval for residential projects that would further the City's progress toward the regional goals established in the RHNA. 3. State law establishes a "default density" of 30 units per acre as the density necessary to facilitate the production of lower-income housing. Since the City does not currently have any land zoned .for residential development at greater than 20 units per acre, state law requires the City to amend its zoning regulations to allow multi -family development by -right at 30 units per acre for sites sufficient to accommodate the City's assigned very -low- and low-income share of regional housing need. 2013-28 951513.1 4. A finding of Housing Element compliance (referred to as "certification") by HCD is an important component of maintaining the legal adequacy of the City's General Plan and zoning regulations. Failure of a city to obtain Housing Element certification can result in litigation and judicial intervention in local land use decisions, which have included suspension of cities' zoning and building permit authority and court -mandated approval of low-income housing developments. 5. In recognition of the City's objective of obtaining Housing Element certification, the adopted 2008-2014 Housing Element includes Program 9, which calls for amendments to the City's General Plan and zoning regulations for sufficient land to accommodate the City's fair share of very -low- and low-income regional housing need. The Housing Element identifies land within the Tres Hermanos property for this purpose. The Project is located in the portion of Tres Hermanos having the best freeway access, and is also adjacent to existing residential development, a high school, roads, and utilities. The timing of development of the selected site would depend on market forces and the interests of the property owner. No detailed development plans or schedule are proposed at this time, but any future actions would be addressed by this EIR and obligated to its mitigation measures; no subsequent CEQA analysis is anticipated by the City. 6. The project site was previously owned by the Industry Urban Development Agency. After the statewide dissolution of redevelopment agencies, the property was transferred to the Successor Agency to the Industry Urban Development Agency. The Project was initiated solely by the City pursuant to state law, which requires the City Council to amend the General Plan and zoning regulations to accommodate additional multi -family housing commensurate with the City's fair share of regional housing needs. 7. On June 14, 2012, the City's Community Development Department disseminated a Notice of Preparation (NOP) and Initial Study presenting a preliminary assessment of the potential impacts of the Affordable Housing Land Use and. Zoning Designation Project. The NOP was circulated for a 30 -day review period that ended July 17, 2012. The NOP was delivered to the State Clearinghouse, and posted in the City Clerk's office for 30 days. The City also conducted a public scoping meeting on June 21, 2012. A copy of the NOP as well as comments received during the NOP review period are provided in Appendix A of the Final EIR. 8. As required by CEQA, a Draft EIR (DEIR) was prepared and contained: a) table of contents or index; b) summary; c) project description; d) environmental setting; e) significant impacts (direct, indirect, cumulative, growth -inducing and unavoidable impacts); f) alternatives; g) mitigation measures; and h) irreversible changes. 9. A Public Notice of Availability (NOA) was prepared for the DEIR and the NOA was placed in the Los Angeles County Clerk's office for 30 days, as required by Public Resources Code §21092. The City, as Lead Agency, sent a copy of its NOA to anyone requesting it, per CEQA Guidelines §15087. In addition, public notice of DEIR availability was posted on- and off-site, and was provided through publication in a newspaper of general circulation. The City consulted 2 2013-28 951513.1 with and requested comments on the DEIR from responsible and trustee agencies, and adjacent cities and counties, as required by Public Resources Code §21104 and §21263. The DEIR was delivered to the State Clearinghouse for review on May 24, 2013. 10, On July 26, 2013, responses to comments were provided to each public agency that submitted comments on the DEIR, per CEQA Guidelines §15088, 11. A Final EIR has been prepared per CEQA Guidelines §15132. The Final EIR includes the DEIR, comments on the DEIR, responses to comments, and revisions to the DEIR. 12. CEQA contains a "substantive mandate" requiring public agencies to refrain from approving projects with significant environmental effects if there are feasible alternatives or mitigation measures" that can substantially lessen or avoid those effects. CEQA guidelines define the term "feasible" as capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. In accordance therewith, the City Council has determined that, since the Project, as defined in paragraph 15 below, would result in the avoidance or substantial reduction of all potentially significant environmental impacts identified in the Final EIR, the City Council has identified the Project, as proposed, as the preferred project. 13. The Project evaluated in the Final ElR includes the approval of the following actions [Items (a) through (d) below are collectively referred to as the "Project"]: a) Amendments to the General Plan and Development Code to establish a new High Density Residential -30 units per acre (RH-30) General Plan Land Use Designation and Zone District that allows multi -family development at a net density of 30 units per acre; and b) Site -Specific General Plan Amendment to change the Land Use Map designation for one of the two candidate housing sites from Planning Area 1/Specific Plan (PA 1/SP) to Planning Area 5/High Density Residential -30 (PA-51RH-30); and c) Site -Specific Zoning Map Amendment to change the Zoning District Map designation for one of the two candidate housing sites from Agriculture (AG) to High Density Residential -30 (RH-30). The Zoning Amendment would limit development to 490 housing units within the selected housing site; and d) Certification of Final Environmental Impact Report (SCH No. 2012061066), which provides a detailed analysis of potential environmental impacts associated with the development of Site A or Site B within the 78 -acre Project Study Area. The Final EIR includes mitigation measures and alternatives, a MMRP, and identifies Alternative 2 (Infill Sites) as the environmentally superior alternative, however Alternative 2 would not meet the basic objectives of the Project in that it would not maintain consistency with the Housing Element. 14. On August 13, 2013, the Planning Commission conducted a duly noticed public hearing, solicited testimony from all interested individuals regarding the Final 2013-28 3 EIR and the Project, and adopted a resolution finding that the Final EIR addresses the requirements of CEQA and recommending its certification by the City Council. 15. Notification of the public hearing for the Project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on' August 23, 201.3. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the parcel on which the zone change is proposed, including all speakers who have previously attended the scoping meeting or submitted comments in writing. In addition to the published and mailed notices, the Project site was posted with two display boards in two locations (Chino Hills Parkway and Rockbury/Deep Springs Drive), and the notice was posted at three other designated community posting sites. 16. On September 3, 2013, the City Council conducted a duly noticed public hearing and solicited testimony from all interested individuals regarding the Final EIR and the Project. After hearing public testimony, the public hearing was closed and the City Council concluded its deliberations on the Final EIR, the MMRP and the Findings of Fact. B. RESOLUTION 951513.1 NOW, THEREFORE, it found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. That Environmental Impact Report (EIR) SCH No. 2012061066 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 45 -day public review period for the EIR began May 24, 2013, and ended July 8, 2013. 3. Based on the findings and conclusions set forth herein, the Project constitutes the only feasible alternative in that none of the other alternatives would meet the basic Project objective of maintaining consistency with the Housing Element of the General Plan. Program 9 of the Housing Element, which has been reviewed and found by the Department of Housing and Community Development to be in compliance with state law, includes a commitment to rezone a parcel or parcels selected from Housing Element Table B-2 to accommodate the City's share of regional housing need of 490 housing units for very -low- and low-income households. Failure of the City to rezone a site or sites listed in Table B-2 and/or the rezoning of an alternate site would result in the Housing Element becoming non-compliant with state law, therefore, this option would not accomplish a basic project objective. 4. Based on the findings and conclusions set forth herein, the standard conditions, performance standards, and mitigation measures have been incorporated into the Project, which avoid or substantially lessen significant adverse environmental impacts identified in Final EIR. 5. The City Council hereby certifies the Final EIR to be complete and adequate 4 2013-28 and that it has reviewed and considered the information within the Final EIR prior to approving the Project; that the Final EIR reflects the independent judgment and analysis of the City Council; and that it adopts the Findings of Facts and the Mitigation Monitoring and Reporting Program attached hereto, respectively, as Exhibits A and B which are hereby incorporated herein by reference. PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF SEPTEMBER 2013, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. i' BY: --- "c Jack Tanaka, Mayor 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and ado yted at a regular meeting of the City Council of the City of Diamond Bar held on the T day of September, 2013, by the following vote: AYES: Council Members: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar 951513.1 2013-2a EXHIBIT A FINDINGS OF FACT FINAL ENVIRONMENTAL IMPACT REPORT FOR THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT STATE CLEARINGHOUSE NO. 2012061066 Section 21081 and 21081.5, California Public Resources Code Sections 15091, 15092, and 15083, Title 14, Chapter 3, California Code of Regulations 1.0 PROJECT DESCRIPTION 1.1 Project Discretionary Actions The following discretionary actions are proposed as part of the Affordable Housing land Use and Zoning Designation Project, which hereafter shall collectively be referred to as the "Project": Creation of New RH-30General Plan Land Use Designation and Zone District. The Project would amend the General Plan Land Use Element and the Development Code to create a new RH-30 (High Density Residential -30) district that allows multi -family development at a net density of 30 units per acre. Site -Specific General Plan and Zoning Amendments. The General Plan Land Use Map and the Zoning District Map would be amended to redesignate one of the two candidate housing sites shown in Final EIR Exhibit 4-2 from Agriculture (AG) to RH-30. The Land Use Element Amendment would limit development to 490 housing units within the selected housing site. 1.2 Project Location and Site Description The Project Study Area is located in the City of Diamond Bar ("City"), in the County of Los Angeles. The Project Study Area is composed of approximately 78 acres of undeveloped land generally located along the west side of Chino Hills Parkway just south of its intersection with Diamond Ranch Road/Scenic Ridge Drive, and south of the SR -60 freeway and Diamond Ranch High School, as shown in Final EIR Exhibits 4-1 and 4-2. The Project Study Area is comprised of a portion of Los Angeles County Assessor Parcel Number (APN): 8701-22-273. The Project Study Area under consideration consist of two separate areas, referred to as Site A and Site B. Site A comprises approximately 30 acres and is located immediately south of, and abutting, Diamond Ranch High School with the easterly boundary line extending to Chino Hills Parkway. Site B comprises approximately 30 acres and is located immediately west of, and abutting, Diamond Ranch High School with a portion of the northerly boundary extending to the SR -60 Freeway. Both sites are predominantly vegetated by grasslands, with areas of sage scrub and scattered woodlands, which are typical of undeveloped areas in the project vicinity. Prominent ridgelines cross or border both sites. There are no structures, major rock outcroppings or other unique physical features on either site. Land immediately adjacent to the south and across Chino Hills Parkway to the southeast of the Project Sites is undeveloped. Residential neighborhoods are located east of the Project area along Scenic Ridge Road, as well as to the west. Site A and Site B are currently undeveloped, are used for livestock grazing, and do not contain any sources of light and glare. 951513.1 2013-28 N. 1.3 Environmental Notices Notice of Preparation. On June 14, 2012, the City's Community Development Department (Department) executed and disseminated a Notice of Preparation (NOP) and Initial Study presenting a preliminary assessment of the potential impacts of the project. The NOP was prepared on June 14, 2012, and circulated to the public for a 30 -day review period that ended July 17, 2012. The NOP was provided to the State Clearinghouse, and posted in the City Clerk's office for 30 days. Scopine Meeting. The City also conducted a public scoping meeting on June 21, 2012. A copy of the NOP as well as comments received during the NOP review period are provided in Appendix A of the Final EIR. Notice of Availability of the Draft EIR. A Public Notice of Availability (NOA) was prepared for the Draft EIR ("DEIR") and the NOA was placed in the County Clerk's office for 30 days, as required by Public Resources Code §21092. The Lead Agency sent a copy of its NOA to anyone requesting it, per CEQA Guidelines §15087. Additionally, public notice of DEIR availability was posted on- and off-site, .and was provided through publication in a newspaper of general circulation. The City, as Lead Agency, consulted with and requested comments on the DEIR from responsible and trustee agencies, and adjacent cities and counties, as required by Public Resources Code §21104 and §21253. The DEIR was delivered to the State Clearinghouse for review on May 24, 2013. Responses to Comments on the DEIR. As required by CEQA Guidelines §15088, on July 2013 responses to comments were provided to each public agency,that submitted comments on the DEIR. Proposed Final EIR. The Final EIR or FEIR was posted for public review on the City website on August 9, 2013. The notices of public hearings for the Planning Commission hearing and City Council hearing for the Project included Notice of the Availability of the Final EIR, 1.4 Project Objectives The underlying purpose of the Project is to provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth, as specified in Goal 3 of the City Housing Element, while providing transportation and circulation improvements that satisfy the City's level of service standards. Specific project objectives are as follows: Amend the General Plan land use and zoning designations prior to October 15, 2013 for one or more parcels identified in Appendix B, Table B-2 of the City's 2008-2014 Housing Element to allow single-family and multi -family development at a density of 30 units per acre by -right in order to accommodate Diamond Bar's very -low- and low-income Regional Housing Needs Assessment (RHNA) for the 2008-2014 Housing Element planning period. (Program 9, Housing Element) • Provide sufficient CEQA analysis for the City Council to select either Site A or Site B as the designated area to construct 490 housing units by -right without further CEQA review, consistent with State law. (Government Code §65583.2) • Provide and maintain adequate infrastructure facilities and public services to support development and planned growth. (Objective 1.1, Public Services and Facilities Element) • Maintain traffic Level of Service (LOS) standards on streets and intersections, as specified in the City's Circulation Element. (Circulation Element, Strategy 3.1.1) • Preserve natural resources on the Project Site and compensate for those natural resources that would be disturbed by the project. (Vision Statement, Resource Management Element) 951 13.t 2013-28 7 • Ensure land use compatibility between the Project and Diamond Ranch High School to the north; and nearby residential neighborhoods. (Strategy 2.2.1, Land Use Element) • Facilitate the provision of emergency secondary access for Diamond Ranch High School in coordination with development of the Project. (Circulation Element, Strategies 2.2.3 and 2.2.4) 1.5 Description of the Project Examined in the Final EIR The Project consists of the City Council's selection of one of two candidate housing development sites, each approximately 30 acres, within a 78 -acre Project Study Area, located in the northeast area of the City. Housing Site A is directly west of Chino Hills Parkway just south of Diamond Ranch Road. Housing Site B is located northwest of Housing Site A and west of Diamond Ranch High School. Access to either of the two Sites would take place via an intersection on Chino Hills Parkway south of Diamond Ranch Road. The Project consists of up to 490 multi -family housing units, to be located on either Site A or Site B. The Project also includes limited emergency access and utility improvements to be constructed in the Project Study Area, to serve the site which is ultimately selected for development. No development on either candidate site is currently proposed, and the precise configuration of any future development would be determined through the development review process after submittal of a development application by the property owner (the Successor Agency to the Industry Urban Development Agency). Once the FEIR is certified, its adopted Mitigation Measures will be fully enforceable through permit conditions, agreements, or other measures incorporated into the subsequent project design, in accordance with §21081.6 of the Public Resources Code. No further environmental review through the CEQA process is anticipated at the development review process stage, consistent with state law. (California Government Code §65583.2) 1.6 Other Alternatives Examined in the Final EIR In addition to the Project, as required under Section 15126.6(a) of the State CEQA Guidelines, the FEIR examined a reasonable range of alternatives. As stipulated therein: "An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation." Chapter 6 of the Final EIR describes the process by which the City determined the range of alternatives to be evaluated. In addition to the "no project' alternative (Alternative 1), as mandated under Section 15126(e) of the State CEQA Guidelines, the following development -oriented alternatives were also examined therein: 951513.1 Multiple Infill Sites. Multiple infill sites in developed areas would have the potential to reduce impacts such as aesthetics and biological resources since they are located in an area that has previously been developed. This alternative was suggested by interested parties during the scoping process. This alternative is considered environmentally "superior" to the Project, even though the Project would not result in any significant impacts. This alternative is evaluated as Alternative 2. Tres Hermanos-South. This site is part of the Tres Hermanos property, which is also owned by the Successor Agency to the Industry Urban Development Agency, and is located approximately 1 mile south of the Project Study Area. While preliminary analysis indicated that this alternative could require more extensive infrastructure work because it is not contiguous to existing development, an alternative location was suggested by interested parties during the scoping process. This alternative is evaluated as Alternative 3. 201328 0 1.7 Project Applicant The City is serving in the dual role of both "Applicant" and CEQA "Lead Agency." This dual role is typical of most public projects and is authorized under CEQA, the State CEQA Guidelines, and established agency practices. Based on the legal and ethical standards to which governmental agencies are held, no inherent conflict is established when a public agency serves in that dual role. The State CEQA Guidelines defines "Applicant" to mean "a person who proposes to carry out a project which needs a lease, permit, license, certificate, or other entitlement for use or financial assistance from one or more public agencies when that person applies for the governmental approval or assistance" (14 CCR 15350). The term "Applicant," as used herein and throughout the project's environmental review record, is intended to apply to not only the City, as the Lead Agency and the proponent of the Project, but also to that (those) subsequent holder(s) of real property interests that will serve as the developer(s) and/or master builder(s) for those uses authorized therein and who may seek discretionary actions from the Lead Agency and from other responsible agencies for those development activities, infrastructure improvements, and other actions and programs that may be authorized under the provisions of the Project, if so adopted. 2.0 INTRODUCTION TO FINDINGS 2.1 Applicable Provisions of CEQA and the State CEQA Guidelines Section 21001(d) of the State Public Resources Code (California Environmental Quality Act, or "CEQA") codifies the important Statewide policy of "ensur[ing] that the long-term protection of the environment... shall be the guiding criterion in public decisions." In Laurel Heights Improvement Assn. v. Regents of University of California (1988), the court noted that "[t]he foremost principle under CEQA is that the Legislature intended the act'to be interpreted in such manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language."' CEQA contains a "substantive mandate" requiring public agencies to refrain from approving projects with significant environmental effects if "there are feasible alternatives or mitigation measures" that can substantially lessen or avoid those effects" (Mountain Lion Foundation v. Fish and Game Commission [1997]). The State CEQA Guidelines define the term "feasible" as "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors" (14 CCR 15364). As noted in Table 2.5-1 of the Final EIR, all potential impacts are found to be less than significant, or would be reduced below the level of significance with the identified mitigation measures as described in §21081(a)(1) of the CEQA. 2.2 Findings of Fact Section 21081 of the State Public Resources Code ("CEQA") provides, in part, that "no public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out" unless, among other things, the agency makes one or more of three findings with respect to each significant effect. This document presents the findings of fact and substantial evidence that must be made by the City Council, acting in its capacity as the Lead Agency's decision- making body, prior to determining whether to certify the Final EIR and approve or conditionally approve the Project. The possible findings specified in Section 21081(a) of the Public Resources Code (CEQA) and Section 15091(a) of the State CEQA Guidelines, which shall be supported by substantial evidence in the record, include: 9 951513.1 2013-28 (1) Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines); and/or (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or .can and should be adopted by such other agency (Section 21081(x)(2) of CEQA; Section 15091(a)(2), State CEQA Guidelines); and/or (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 21081(a)(3) of CEQA; Section 15091(a)(3), State CEQA Guidelines). With respect to those significant effects that are subject to finding (1), the City shall also adopt a program for reporting on or monitoring the changes which it has either required in the Project or made a condition of Project approval to avoid or lessen significant environmental effects. With respect to those significant effects that are subject to finding (2), the findings shall not be made if the City has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. With respect to those significant effects that are subject to finding (3), the findings shall describe the specific reasons for rejecting identified mitigation measures and alternatives. In accordance with Section 15091 of the State CEQA Guidelines, the City Council makes the herein referenced findings for each significant environmental effect identified in the Final EIR. Those impacts are categorized under the corresponding topical headings presented in the Final EIR. Reference to numbers assigned to standard conditions, performance standards, and mitigation measures in these findings are as presented therein and may differ from those numbers or notations subsequently assigned by the Lead Agency should the City's decision-making body elect to approve or conditionally approve the Project, or some variation thereof. 2.3 Custodian and Location of Records The following information is provided in compliance with Section 21081.6(a)(2) of CEQA and Section 15091(e) of the State CEQA Guidelines. The documents, studies, reports, correspondence, and other material comprising the administrative record for the project are located at the City of Diamond Bar Community Development Department (21810 Copley Drive, Second Floor, Diamond Bar, California 91765-4178) and are, upon appointment, available for review during the regular business hours of the Department. The Director of the Community Development Department (Director) is the custodian of record for the project. 3.0 GENERAL FINDINGS In addition to the specific findings identified herein, the Council hereby finds that: (1) The Council finds and certifies that the FEIR constitutes a complete, accurate, adequate, and good -faith effort at full disclosure under CEQA. (2) The Council finds and certifies that the FEIR and all environmental notices associated therewith have been completed in compliance with CEQA, the State CEQA Guidelines, and local guidelines and procedures; (3) The Council has independently reviewed and analyzed the FEIR and the FEIR reflects the independent judgment of the Lead Agency's decision-making body; 951513.1 2013--28 10 (4) The Council has neither made any decisions nor taken any actions that would constitute an irretrievable commitment of resources toward the project prior to the certification of the FEIR, nor has the Council previously committed to a definite course of action with respect thereto or with regard to the use and utilization of the project site; (5) Under CEQA, the City is the appropriate "lead agency" for the project and, during these proceedings, no other agency has asserted or contested the City's "lead agency" status; (6) In compliance with Section 21092.5(a) of CEQA, at least 10 days prior to the certification of the FEIR, the City provided its written proposed responses to those public agencies that submitted comments to the Lead Agency on the DEIR; (7) The potential environmental impacts of the project have been analyzed to the extent feasible at the time of certification of the FEIR; (8) Each of the issues to be resolved, as identified in the FEIR andlor subsequently raised in comments received by the City during the deliberations of its advisory and decision-making bodies, have been resolved to the satisfaction of the City Council; (9) The Council reviewed the comments received on the FEIR, including, but not limited to, those comments received following the dissemination of the DEIR, and the City's responses thereto and has determined that neither the comments received nor the responses presented add "significant new information," as defined under Section 15088.5 of the State CEQA Guidelines, to the DEIR; (10) The City's analysis of greenhouse gas (GHG) emissions complies with the requirements of CEQA and the State CEQA Guidelines, inclusive of those changes thereto resulting from the approval of SB 97, as approved by the Governor on August 24, 2007 and which became effective on March 18, 2010; (11) Copies of all the documents incorporated by reference in the FEIR are and have been available for review during the regular business hours of the City at the office of the Department from the custodian of records; and (12) Having received, reviewed, and considered all information and documents in the record, the Council has or will impose conditions, standards, and mitigation measures and has or will take other reasonable actions to reduce the environmental effects of the project to the maximum extend feasible and makes the findings stated herein. 6.0 FINDINGS REGARDING THE ENVIRONMENTAL EFFECTS OF THE AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT THAT CAN FEASIBLY BE REDUCED TO BELOW A LEVEL OF SIGNIFICANCE nth regards to the Project, the City Council has determined that existing statutes, regulations, uniform codes, project design features, in combination with those conditions, standards, and mitigation measures included in the Final EIR and adopted or likely to be adopted by the Council, will result in a substantial reduction of the following environmental effects and that each of the following environmental effects will either occur at or can be effectively reduced to a level that is less than significant. 5.1 Air Quality and Greenhouse Gases 5.1.1 Environmental Effect: Construction Impacts on Air Quality Emissions. The emissions of criteria pollutants (mainly fugitive dust and NOx) from the Project during construction are considered a potential significant impact that can be mitigated through feasible control measures. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). 2013-28 11 Facts in Support of Finding: The following facts are presented in support of this finding: (a) . Project -related and cumulative Air Quality impacts are addressed in Section 5.3 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Affordable Housing Land Use and Zoning Designation Project, to reduce this impact to a level below significance: AQ -1 Prior to approval of a development on the project site the applicant shall develop and submit to the City and the AQMD a Comprehensive Construction Dust Control Program. The Program components shall include but not be necessarily limited to the following: • Scheduling - Minimize repeated disturbance of any area and reduce the time period between disturbance and subsequent construction or stabilize any already disturbed areas; • High Winds - Cease disturbance operations if dust control is not effective; • Disturbance Area - Keep disturbance operations if dust control is not effective; • Dust Control - Utilize dust suppression techniques, including: • Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 3 times/day); • Cover all stockpiles with tarps at the end of each day or as needed; • Provide water spray during loading and unloading of earthen materials; • Minimize in -out traffic from construction zone; + Require all trucks to maintain at least two feet of freeboard and cover all trucks hauling dirt or sand; and • Sweep streets daily if visible soil material is carried out from the construction site. • On -Site Road - Pave as soon as possible and restrict travel speed to 15 mph prior to paving; • Revegetation - Revegetate graded areas as soon as possible; and • Fencing - Install perimeter fencing with wind screens. AQ -2 The applicant of any development at the Project site shall develop and use reasonably available control measures for diesel exhaust emissions. Combustion emissions control that shall be applied during construction includes, but is not limited to the following: • Utilize well -tuned off-road construction equipment; • Establish a preference for contractors using Tier 3 or better heavy construction equipment; and • Enforce 5 -minute idling limits for both on -road trucks and off-road construction equipment. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.1.2 Environmental Effect: Operational Impacts on Air Quality Emissions. The Project's ROG, NOX, CO, SO2, PM1G, and PM2.5 emissions during its operation are considered potentially significant impacts that can be mitigated through feasible control measures. 951513.1 2013-28 12 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Air Quality impacts are addressed in Section 5.3 in the Final EIR and that analysis is incorporated by reference herein. (b) Fallowing are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: AQ -3 For any permanent fireplaces or stoves shown in any building plans for development on the site, only gaseous -fueled devices as specified by the SCAQMD Rule 445 shall be approved. (c) Since,, upon application of this mitigation measure, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.1.3 Environmental Effect: Exposure of Sensitive Receptors to Pollutants - On -Site. Site A is over 1,000 feet from State Route 60 at its closest point, and this distance is sufficient so that diesel exhaust from the highway traffic can disperse and does not represent a significant impact. Because of the proximity of Site B to SR -60 and the associated truck traffic and diesel exhaust on this highway, the potential exposure of future residents within Site B to the adverse effects of diesel exhaust is considered a potential significant impact, which can be sufficiently reduced through mitigation measures. 951513.1 Finding: The City Council he makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Air Quality impacts are addressed in Section 5.3 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: AQ -4 Prior to final approval of any development within Parcel B, the applicant shall accomplish one of the following: A. Demonstrate on a site plan for the development that the nearest proposed residential location within Parcel B would be greater than 500 feet from the nearest point on State Route 60. B. In the event that development is proposed within 500 feet of State Route 60, prepare a health risk assessment in accordance with SCAQMD and CARB guidelines to evaluate in detail the effect of exposing residents to diesel exhaust associated with traffic on State Route 60. If indicated by the results of the health risk assessment, provide additional measures to reduce exposure, such as through the use of residential air filtration systems with a "Minimum Efficiency 2013-28 13 Reporting Value" of 12 or higher, and demonstrate through the health risk assessment that the measures will reduce potential exposures below the level of significance, defined as follows. Maximum Incremental Cancer Risk �: 10 in 1 million; Cancer Burden >0.5 excess cancer case (in areas z1 in 1 million); and Chronic and Acute Hazard Index ? 1.0 (project increment). (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.2 Biological Resources 5.2.1 Environmental Effect: Substantial Adverse Effect on an Endanclered or Threatened Species. Construction of the Project could result in impacts to special status plant species and the loss of habitat for special status wildlife species observed or expected to occur in the Project area. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 5.4 in the Final EIR and that.analysis is incorporated by reference herein. (a) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Bio -1 Special Status Species — Protocol surveys shall be conducted for the above - noted species within suitable habitat areas on Site A or Site B to determine presence/absence of special status species prior to approval of project design by the City. Subsequent surveys may also be required if development is not initiated within one year after the last surveys. If the surveys determine occupancy by any of the above -noted species, the applicant shall be required to consult with the resource agencies to obtain permit(s) under Section 7 of the federal Endangered Species Act and/or a Section 2081 concurrence from CDFW under the Endangered Species Act. The consultation process shall include preparation of a mitigation plan to avoid, relocate, or minimize impacts. Resource agency approvals for the project shall be provided to the City prior to the issuance of any grading permit(s). The project applicant shall implement the terms and conditions of the resource agency permits and associated mitigation plan, as defined therein in. Bio -2 Bird Nesting — a. If development within Site A or Site B commences within the bird breeding season, defined as February 15 to September 1, a preconstruction bird nesting survey shall be conducted by a qualified biologist within seven days prior to the onset of construction activities. The limits of Project disturbance shall be 14 2013-28 surveyed for the presence of any active nests (common or special status), If no active nests are found, no further mitigation would be required. Results of the surveys shall be provided to the City and the resource agencies (if required). b. If nesting activity is present, construction shall not commence within the vicinity of the nest site until nesting activity has ended. Nests found during survey efforts shall be mapped on construction plans. To protect any nest site, the following construction restrictions will be required: 1) clearing limits shall be established a minimum of 300 feet in any direction from any occupied nest, and 2) access and surveying shall be restricted within 200 feet of any occupied nest. Any encroachment into the buffer areas shall only be allowed if it is determined by the biological monitor that the proposed activity shall not disturb the nest occupants. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.2.2 Environmental Effect: Substantial Adverse Effect on Riparian Habitat _ or Other Sensitive Natural Community Identified in Local or Re ional Plans Policies Regulations, or by the CDFW or the USFWS. The Project area includes several CDFW-designated special status plant communities, namely coastal sage scrub (CSS), southern coast live oak woodland, and southern willow scrub. These habitats can support a variety of special status plant and wildlife species and are considered "rare and worthy of consideration." Development of Site A could result in the loss of up to 6.5 acres of native CSS, an additional 2.5 acres of landscaped CSS, and 0.9 acre of southern coast live oak. Development of Site B could result in the loss of up to 0.9 acre of native CSS, an additional 2.7 acres of landscaped CSS, 0.5 acre of southern coast live oak, and 1.6 acres of southern riparian scrub. Impacts on these resources can be reduced to less than significant with implementation of mitigation measures. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 5.4 in the Final EIR and that analysis is incorporated by reference herein. . (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Bio -3 Coastal Sage Scrub -- If development encroaches within or adjacent to established coastal sage scrub habitat areas within Site A or Site B, the project applicant shall develop a coastal sage scrub mitigation plan. Mitigation shall include on-site preservation, enhancement, and/or restoration at a 2:1 ratio to offset temporal loss of existing habitat and ensure no net long-term loss of habitat values as a result of the project implementation. The coastal'sage scrub mitigation plan shall be approved by the City prior to the issuance of any grading permit. The project applicant shall implement the approved mitigation plan in accordance with the plan's guidelines and performance standards. The 15 951513.1 2013-28 951513.1 mitigation plan shall be prepared in accordance with resource agency guidelines (included in Appendix B)and include the following information: responsibilities and qualifications of the personnel to implement and supervise the plan, site plan, site preparation, planting and maintenance procedures, schedule, and perpetuity preservation (e.g., conservation easement or deed restriction). Bio -4 Coastal Sage Scrub = Prior to commencement of any grading activities in areas within or adjacent to established coastal sage scrub habitat areas, construction limits shall be marked on grading plans by the construction supervisor and a qualified biological monitor. The biological monitor shall verify earth -moving equipment does not enter open space areas throughout construction phases. Bio -5 Oak Woodland — If the development encroaches within or adjacent to the established oak woodland present within Site A or Site B, the project applicant shall develop an oak woodland mitigation plan prepared by a licensed arborist with specific knowledge regarding oak tree preservation, relocation, and establishment. Mitigation shall include on-site preservation and/or relocation to the extent feasible, and a mitigation replacement ratio of no less than 3:1 for each tree removed, as required under the City's Tree Preservation and Protection Ordinance. The mitigation plan shall be prepared in accordance with resource agency guidelines and include the following information: responsibilities and qualifications of the personnel to implement and supervise the plan, site plan, site preparation, planting and maintenance procedures, schedule, and perpetuity preservation (i.e., conservation easement or deed restriction). The oak woodland mitigation plan shall be approved by the City prior to the issuance of any grading permit. The project applicant shall implement the mitigation plan as approved by the City and resource agencies in accordance with the plan's guidelines and performance standards. Bio -6 Oak Woodland — Prior to grading, construction limits shall be marked on grading plans by the construction supervisor and the licensed arborist and specify the installation of physical barriers, such as chain link fencing, to prevent encroachment beyond the construction limits. The biological monitor shall verify earth -moving equipment does not enter the oak woodland preservation area throughout construction phases. Bio -7 Riparian Vegetation — Mitigation for project impacts to riparian vegetation located within Site A or Site B shall consist. of: 1) avoidance or minimization of impacts to the extent feasible, 2) compensation in the form of on-site expansion of jurisdictional waters of the U.S. and the State of California and associated riparian habitat at a minimum or 2:1 ratio within the project's dedicated open space areas, and 3) on-site relocation of existing mature and healthy oak trees and/or replacement at a minimum 3:1 ratio. Any compensation through restoration should be on-site, if possible, and in kind. The mitigation plan shall be prepared in accordance with the City's Tree Preservation and Protection Ordinance and resource agency guidelines (included in Appendix B) and include the following information: responsibilities and qualifications of the personnel to implement and supervise the plan, site plan, site preparation, planting and maintenance procedures, schedule, and perpetuity preservation (i.e., conservation easement or deed restriction). Upon 2013-28 concept approval by the City, the final plan will be developed with, and submitted to, the resource agencies as part of the regulatory permit process. Bio -8 Riparian Vegetation — Additional project -specific requirements may be determined by the resource agencies, namely the United States Army Corps of Engineers (Section 404),,the Regional Water Quality Control Board (Section 401), the California Department of Fish and Wildlife (Section 1600), and possibly the United States Fish and Wildlife Service (Section 7). Resource agency approvals for the project shall be provided to the City prior to the issuance of a grading permit. The project applicant shall implement the terms and conditions of the resource agency permits and associated mitigation plan, as defined therein. Bio -9 Riparian Vegetation — Prior to grading near preserved waters and/or riparian habitat, construction limits shall be marked by the construction supervisor and the qualified biological monitor, and memorialized on the grading plan. The construction supervisor shall ensure the installation of physical barriers, such as chain link fencing, to prevent encroachment beyond the construction limits. The biological monitor shall verify earth -moving equipment does not enter waters and/or riparian preservation areas throughout the construction phase. Bio -10 Invasive Exotic Species - Landscape plans shall be submitted to the City for review and approval by a qualified biologist to ensure that species proposed do not include those known to colonize in adjacent open space areas (e.g., invasive, exotic plants). Landscaping bordering the open space areas shall incorporate species native to the project region (e.g., coast live oak, toyon, lemonade berry, sugar bush) to the extent practicable and shall be consistent with guidelines of the Consolidated Fire Protection District of Los Angeles County. Bio -11 Human Activity - To limit the amount of human disturbance on open space areas on and adjacent to the project area, signage and lighting plans shall be submitted to the City. Prior to obtaining occupancy permits, signs shall be installed to discourage human encroachment into the open space and habitat mitigation areas. Project street lighting in areas adjacent to open space or habitat areas shall be hooded and directed away from the open space areas to reduce light spillover. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.2.3 Environmental Effect: Substantial Adverse Effect on Federally Protected Wetlands as Defined By Section 404 of the Clean Water Act. Waters of the United States (WoUS) and the state of California are present with the study area. Impacts to these resources would be substantially reduced through mitigation measures. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081 (a)(1) of CEQA, Section 15091 (a)(1), State CEQA Guidelines). 2013-28 17 Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 5.4 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: [See Mitigation Measures Bio -5 through Bio -11]. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.2.4 Environmental Effect: Conflict with any Local Policies or Ordinances Protecting Biological Resources. A total of 3.5 acres of southern coast live oak woodland is present within the 78 - acre project area. Development of Site A could potentially impact up to 0,9 acre of this woodland, while development of Site B could impact up to 0.5 acre. The City of Diamond Bar tree ordinance protects native trees greater than eight inches diameter breast height (dbh), including oak, walnut, sycamore, and willow trees, and requires compensatory mitigation for their loss. Applicable City requirements include a minimum 3:1 replacement ratio with a minimum box size of 24 inches. Mitigation Measures Bio -5 through Bio -11 also specifically address potential impacts to native trees. In addition to required compliance with City regulations, these measures would reduce impacts to a less than significant level. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 5.4 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the . Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: [See Mitigation Measures Bio -5 through Bio -11]. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.2.5 Environmental Effect: Cumulative Impacts, Potential cumulative impacts to sensitive and/or special status species and waters of the United States and state, including associated riparian vegetation, that could result from project implementation would be offset by the expansion of like habitat within the project's dedicated open space areas as required by project -specific mitigation measures. 951513.1 2013-28 18 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 5.4 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: [See Mitigation Measures Bio -5 through Bio -11]. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.3 Cultural Resources 5.3.1 Environmental Effect: Substantial Adverse Change in the Significance of an Archaeological Resource. There is a possibility of cultural resources being located within Site A or Site B. Mitigation measures would assure that no significant adverse impacts to archaeological resources would occur. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to cultural Resources are addressed in Section 5.5 in the Final ElR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: CR -1 Prior to the issuance of grading permits for any development on Site A or B, the project proponent shall prepare and submit to the City for review and approval a Cultural Resources Assessment (Phase I Assessment) that covers the entirety of the project site. The Cultural Resources Assessment shall be prepared by personnel determined to be qualified by the City. In the event no potential cultural resources are identified within areas planned for development, no further studies are required. if the site-specific Cultural Resources Assessment identifies potential cultural resources within the . area(s) planned for development, Mitigation Measure CR -2 shall apply. CR -2 In areas planned for development in which potential cultural resources have been identified, the project proponent shall submit to the City for review and approval prior to the issuance of grading permits a Phase 11 (e.g., test -level) Cultural Resources Report. The Phase 11 survey shall include, but shall not be 2013-28 19 951513.1 limited to, the definition of site boundaries, information and analysis on the structure, content, nature, depth of subsurface cultural deposits and features, and site integrity. This information shall be used to address the National Register of Historic Places, California Register of Historic Resources eligibility requirements for the resource in question, and make recommendations as to the suitability of the resource for listing in either Register. Prior to the, issuance of grading permits, the project proponent shall provide evidence acceptable to the City that the measures required to mitigate impacts to any identified cultural resource have been fully satisfied. In the event any identified cultural resource is determined be eligible for listing in the National Register or California Register, Mitigation Measure CR -3 shall apply. CR -3 If any cultural resource located within an area planned for development is identified as being potentially eligible for listing in either the National Register or the California Register, and project designs cannot be altered to avoid disturbing the resource,- a Phase III Cultural Resources Assessment shall be prepared. The survey shall be submitted to the City, the appropriate Native American Tribe (if applicable), and the State Historic Preservation Officer (SHPO) for review and approval. Prior to the issuance of grading permits, the project proponent shall provide evidence acceptable to the City that the measures required by the city, the state, and/or other authority to mitigate impacts to a National Register or California Register eligible resource have been fully satisfied. CR -4 Prior to the issuance of grading permits for development on any site, the project proponent shall submit evidence to the City that a qualified archaeologist (as determined by the City) has been retained to monitor ground -disturbing activities. The project proponent shall submit to the City for review and approval a monitoring plan that, at a minimum, establishes the amount, location, and duration of monitoring activities; identifies the authority granted to monitors to halt or redirect grading operations; and identifies the process to be followed in the event a potential cultural resource is detected during grading operations. As determined necessary by the City, the monitoring personnel may include participant -observers) from any Native American entity who has responded to consultation request for the project. Prior to commencement of ground - disturbing activities, the project proponent shall further submit evidence to the City that the construction contractor has been provided information regarding the purpose, need, and authority of the on-site monitors, as well as the practices required to safeguard previously identified or potential cultural resources. CR -5 Notwithstanding the results of any cultural resource assessment, in the event potential cultural or archaeological resources are uncovered or discovered during construction activities within any area planned for development on Site A or B, no further excavation or disturbance of the area where the resources were found shall occur until a qualified archaeologist evaluates the find. If the find is determined to be a potentially significant archaeological or paleontological resource, the project applicant shall, consult with the City to determine the appropriate actions as required by Public Resources Code §21083.2(b), (c) and (d). As appropriate, further assessment via the requirements detailed in Mitigation Measures CR -1 through CR -7 shall be required. Prior to the continuation of ground -disturbing activities in the vicinity of the find, the project applicant shall provide evidence to the City that appropriate measures have been taken to fully satisfy applicable cultural resource protection requirements established by the City, State, and/or other applicable regulatory authority. 20.3--28 M (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.3.2 Environmental Effect: Destroy a Significant Paleontological Resource, Site, or Unique Geologic Feature. There is a possibility of paleontological resources being located within Site A or Site B. Mitigation measures would assure that no adverse impacts to paleontological resources would occur. Neither Site A nor Site B contains any unique geologic features. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(x)(1) of CEQA, Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Cultural Resources are addressed in Section 5.5 in the Final OR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: CR -6 Prior to the issuance of grading permits for development on either Site A or Site B, a paleontological resource literature search and field survey shall be conducted by a qualified paleontological investigator. If the survey determines that this area has no potential for paleontological resources, no further studies or mitigation are necessary. If the survey determines that the area has the potential for paleontological resources to be present, then compliance with Mitigation Measure CR -7 shall be required. CR -7 Prior to the issuance of any grading permits for development on either Site A or Site B, the project proponent shall submit to the City for review and approval a plan or program developed to mitigate impacts in the event paleontological resources are identified within the area of planned disturbance. This plan/program shall include, but not be limited to, the following measures: A qualified paleontological monitor shall be on site during grading and excavation operations of areas determined to be of high paleontological sensitivity. The paleontological monitor shall be empowered to halt or divert equipment temporarily in the event suspected paleontological resources are encountered. The qualified monitor shall be equipped to salvage paleontological specimens as they are unearthed to avoid construction delays. The paleontological monitor shall be equipped to collect and remove samples of sediments that are likely to contain the remains of small fossil mammals. To avoid significant construction delays, these sediments shall be removed from the area of active grading or off-site for further investigation. All recovered paleontological specimens, including, small vertebrates contained in sediment samples, shall be prepared to a point of identification. 2013-28 21 All recovered paleontological specimens shall be identified and curated at an established museum repository with retrievable storage. • A report that documents the findings of the program shall be prepared. The report shall provide an itemized inventory of the recovered specimens. Submission of the final report and inventory shall be made to the City and shall represent completion of the Program to Mitigate Impacts to Paleontological Resources. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.3.3 Environmental Effect: Disturb_ any Human Remains. There is a possibility that human remains could be located within Site A or B. Mitigation measures would assure that no significant adverse impacts to buried human remains would occur. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Cultural Resources are addressed in Section 5.5 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: CR -8 In the event human remains are discovered during excavation, grading or construction activities within Site A or Site B, compliance with state law (Health and Safety Code §7050.5) would be required. These requirements are imposed on any construction activity in which human remains are detected, and include the following provisions: • There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the Los Angeles County Coroner is contacted to determine that no investigation of the cause of . death is required; and, If the coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission within 24 hours. • The NAHC shall identify the person or persons it believes to be the most likely descendant from the deceased Native American. • The most likely descendant may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code §5097..98, or where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further and future subsurface disturbance pursuant to Public Resources Code §5097.98(e). 2013-28 22 The NAHC is unable to identify a most likely descendant. 2. The most likely descendant is identified by the NAHC, but fails to make.a recommendation within 48 hours of being granted access to the site; or 3. The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.4 Geology, Soils and Mineral Resources 5.4.1 Environmental Effect: Consistency with Applicable Plans and __Regulations. Grading and development of the project could potentially create unstable geological conditions. Compliance with City standards and mitigation measures would reduce potential impacts below the level of significance. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented. in support of this finding: (a) Project -related and cumulative impacts to Geology, Soils and Mineral Resources are addressed in Section 5.6 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: . Geo -1 Grading Plan - Prior to issuance of a grading permit, the Applicant shall submit a Grading Plan to the City for review and approval. The Grading Plan and specifications shall be prepared and signed by a licensed civil engineer. The Grading Plan shall show in sufficient clarity the nature and extent of the provisions of the applicable codes and all relevant laws, ordinances, rules and regulations. At a minimum, the Grading Plan shall meet the minimum performance standards identified in this EIR. Specifically, the Grading Plan shall reflect a preference for landform grading techniques (e.g., contour grading) rather than mass grading and extensive cut slopes. Also, the Grading Plan should reflect a preference to balance grading on-site (to the extent feasible or practical, as determined by the City) for grading associated with the development area, access roads, internal driveways, and off-site improvements. Grading plans shall meet Califomia Building Code Appendix J as adopted in City Municipal Code Section 15.00.310 and amended by Section 15.00.320. Geo -2 Construction Management Plan - Prior to issuance of a grading permit, the Applicant shall submit a Construction Management Plan to the City for 23 2013-28 95]513.1 review and approval. The Construction Management Plan shall contain sufficient clarity and detail to ensure that soil erosion, fugitive dust, and siltation will be managed in accordance with the provisions of the applicable codes and all relevant laws, ordinances, rules and regulations. At a minimum, the Construction Management Plan shall meet the minimum performance standards identified in this EIR. Geo -3 Hillside Management Plan - Prior to issuance of a grading permit, the Applicant shall submit a Hillside Management Plan to the City for review and approval. The Hillside Management Plan shall demonstrate compliance with all hillside development standards regulated by the City's Municipal Code (including Title 22 - Development Code, Article III - Site Planning and General Development Standards, Chapter 22.22 - Hillside Management). The Hillside Management Plan shall be consistent with the recommendations of the approved Geotechnical Report and the approved Grading Plan. At a minimum, the Hillside Management Plan shall meet the minimum performance standards identified in this EIR. Geo -4 Drainage and Urban Runoff Plan - Prior to issuance of a grading permit, the Applicant shall submit a Drainage and Urban Runoff Plan to the City for review and approval. The Drainage and Urban Runoff Plan shall demonstrate that all site runoff is managed in accordance with the provisions of the applicable codes and all relevant laws, ordinances, rules, and regulations. At a minimum, the Drainage and Urban Runoff Plan shall meet the minimum performance standards identified in this EIR. Geo -5 Design and construction of the project shall conform to the California Building Code seismic standards as approved by the City Building and Safety Division as adopted in the City's Municipal Code Section 15.00.310. Geo -6 Location of any earthquake faults shall be identified and risks assessed by the geotechnical engineer. Geo -7 All grading and earthwork shall be performed in accordance with the Grading Ordinances of the City and the applicable recommendations of the approved Geotechnical Report. Geo -8 All earthwork and construction shall be completed in accordance with mitigation as defined in Public Resources Code §2693(c) to ensure that issues of potential liquefaction are addressed. Geo -9 To address potential soil settlement, minimize potential soil movement, and avoid potential damage to structures, all new building construction shall be designed and constructed in accordance with the recommendations of the approved Geotechnical Report and Grading Plan. Geo -10 To minimize soil erosion, all construction activity shall be conducted in accordance with the approved Construction Management Plan. Geo -11 A qualified geotechnical engineer shall be present during all site clearing and grading operations to test and observe earthwork construction, as acceptance of earthwork construction is dependent upon compaction and stability of the material. The geotechnical engineer shall reject any material that does not meet compaction and stability requirements per the recommendations and requirements of the approved Geotechnical Report and Grading Plan. 2013-28 24 Geo -12 All excavations shall comply with the current OSHA requirements. All cuts greater than 3 feet in depth should be sloped or shored. Temporary excavations should be sloped at 1:1 (horizontal to vertical) or flatter, up to a maximum depth of 10 feet. Heavy construction equipment, building materials, excavated soil, and vehicular traffic should not be allowed within 5 feet of the top (edge) of the excavation. Where sloped excavations are not feasible due to site constraints, excavations shall require shoring. The design of the temporary shoring shall take into account lateral pressures exerted by the adjacent soil, and, where anticipated, surcharge loads due to adjacent buildings and any construction equipment or traffic expected to operate alongside the excavation. Geo -13 Retaining walls shall be constructed according to the structural recommendations of the approved Geotechnical Report, and in accordance with other applicable design standards established by the City Building Official. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, andlor mitigation measures are recommended or required. 5.4.2 Environmental Effect: Risk of Life and Property Due to Seismic -Induced Hazards. Ground shaking during earthquakes could expose structures or people to damage or injury. Compliance with Municipal Code requirements and mitigation measures would substantially reduce this impact. 951513.1 Finding: The City Council hereby makes Finding (1), namely; "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA, Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Geology, Soils and Mineral Resources are addressed in Section 5.6 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Geo -14 Emergency and Secondary Access Plan - Prior to approval of the Final Plan, the Applicant shall submit an Emergency and Secondary Access Plan (or equivalent Internal Circulation Plan) to the City of Diamond Bar, the Los Angeles County Sheriff's Department and the Consolidated Fire Protection District of Los Angeles County for review and approval of the primary and secondary emergency accesses. Primary and secondary emergency access shall connect to off-site streets to allow residents of the Project adequate escape routes in case of a geologic event, soil failure or other major emergency. At a minimum, the Emergency and Secondary Access Plan shall meet the minimum performance standards identified in this EIR. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no 2013-28 25 additional conditions, standards, and/or mitigation measures _are recommended or required. 5.4.3 Environmental Effect: Risk of Life and Property Due to Non -seismic Soil and Slope Hazards. Unstable soil conditions could expose structures or people to damage or injury. Compliance with Municipal Code requirements and mitigation measures would substantially reduce this impact. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Geology, Soils and Mineral Resources are addressed in Section 5.6 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Geo -15 Positive drainage shall be established away from any project structure and shall be maintained throughout the life of the structure. Ponding of water shall not be allowed adjacent to any structure. Over -irrigation within landscaped areas adjacent to any structure shall be avoided. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.5 Hazards and Hazardous Materials 5.5.1 Environmental Effect: Consistency with Applicable Plans and Regulations. Implementation of the Project would introduce structures and people to an area that is currently unoccupied and undeveloped. Future development would be required to demonstrate compliance with adopted plans, policies, and regulations, including the City's Natural Hazards Mitigation Plan, which would reduce impacts below the level of significance. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(x)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Hazards and Hazardous Materials are addressed in Section 5.7 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: 26 951513.1 2013-28 Haz-1 Landscape Plan - Prior to issuance of a grading permit, the Applicant shall submit a Landscape Plan to the City for review and approval. The Landscape Plan and specifications shall be prepared and signed by a licensed landscape architect. The Landscape Plan shall show in sufficient clarity the nature and extent of the provisions of the applicable codes and all relevant laws, ordinances, rules, and regulations, including the provisions of City Municipal Code Section 22.24.050 (landscape standards) and Section 22.22.140 (fire protection in hillside area). At a minimum, the Landscape Plan shall meet the minimum performance standards identified in this EIR. Specifically, the Landscape Plan shall reflect provisions for a fire safety buffer zone and provisions for the long-term maintenance of required landscape at the Project Site. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.5.2 Environmental Effect: Generate, Transport or Exposure to Hazardous Substances. The Phase I report prepared for the project site found no evidence of previous hazardous conditions. Mitigation Measures would ensure and reinforce compliance with standard requirements related to the use and handling of hazard substances during construction. 951513.1 Findings: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Findings: The following facts are presented in support of these findings: (a) Project -related and cumulative impacts to Hazards and Hazardous Materials are addressed in Section 5.7 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Haz-2 Construction Management Plan — Prior to issuance of a grading permit, the Applicant shall submit a Construction Management Plan to the City for review and approval. The Construction Management Plan shall contain sufficient clarity and detail to ensure that the transport, storage, and use of hazardous substances, including fuels, used during the construction phase will be managed in accordance with the provisions of the applicable codes and all relevant laws, ordinances, rules, and regulations. At a minimum, the Construction Management Plan shall meet the performance standards identified in'this EIR. Haz-3 Storm Water Pollution Prevention Plan — Prior to issuance of a grading permit, and in compliance with Los Angeles County and Regional Water Quality Control Board requirements, the Applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the City for review. The applicant will be required to submit the SWPPP to the state Water Quality Resources Control Board for review and approval. A copy of the state permit shall be submitted to the City prior to issuance of a grading permit. The SWPPP shall contain sufficient clarity and detail to ensure that the transport, storage, and use of 27 2013-28 hazardous substances, including fuels, used during the construction phase will be managed in accordance with the provisions of the applicable codes and all relevant laws, ordinances, rules, and regulations. The SWPPP shall contain a contingency program for the containment and management of accidental spills of any hazardous substance. At a minimum, the SWPPP shall meet the performance standards identified in this EIR. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.5.3 Environmental Effect: Risk Due to Natural Hazards. The project is not located in an area identified by CAL FIRE as being a high fire hazard zone. Municipal Code requirements and mitigation measures would reduce the risk of wildland fire below the level of significance. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Hazards and Hazardous Materials are addressed in Section 5.7 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Haz-4 Construction Fire Protection Plan -- Prior to issuance of a grading permit, the Applicant shall submit a Construction Fire Protection Plan to the City and Consolidated Fire Protection District of Los Angeles .County for review and approval. The Construction Fire Protection Plan (which can be a component of the Construction Management Plan) shall show in sufficient clarity and detail provisions for the safe clearance of surrounding brush and storage/removal of combustible materials. The Plan shall also identify temporary emergency access routes and notification procedures in the event of a fire emergency. The Construction Fire Protection Plan shall meet the minimum performance standards identified in this EIR. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.6 Hydrology and Water Quality 5.6.1 Environmental Effect: Alteration of Drainage Patterns, Erosion. Siltation, Local Flooding. and 951513.1 Surface Water Quality. The project's effects related to drainage, erosion, sedimentation, and surface water quality are considered a potential significant impact that can be mitigated through the combination of proper planning and design, construction practices, site planning and landscaping, and drainage controls. 2013--28 28 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Hydrology and Water Quality are addressed in Section 5.8 in the Final EIR and that analysis is incorporated by reference herein. (b) Fallowing are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Hyd-1 NPDES Construction General Permit - Prior to issuance of a grading permit, the applicant shall provide evidence of coverage under SWRCB Order No. 2009- 0009-DWQ, the General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, or the most current version of that applicable permit. All applicable components from the Storm Water Pollution Prevention Plan prepared for the permit shall be incorporated into the grading plans. All Best Management Practices (BMPs) shall be incorporated into the grading plans and construction activities, and all equipment or improvements related to BMPs shall be installed and maintained in accordance with any relevant manufacturer specifications and good engineering practices. A copy of the SWPPP will be required to be kept on the Project site during construction at an easily accessible location so that it can be made available at the time of an on-site inspection or upon request by a City inspector or other legal authority. The applicant will be required to implement such BMPs from commencement of construction activity until final stabilization of the project site is complete. Hyd-2 Storm Water Mitigation Plan - Prior to issuance of the first building permit for the project, the applicant shall submit to the City for review and approval a Standard Urban Stormwater Mitigation Plan (SUSMP). The SUSMP shall conform to the requirements of the City of Diamond Bar Municipal Code Section 8.12.1695, and requirements of the Los Angeles County Flood Control District. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.7 Noise 5.7.1 _Environmental Effect: Construction Noise Impacts. Construction activities are expected to meet the applicable criteria from the City's Municipal Code at the nearby residences to the southwest of Site B and at the nearest occupied rooms at the high school (daytime short-term construction noise levels no more than 75 dB(A) on normal work days). However, because the nearest high school rooms are in temporary buildings that are likely to have less noise insulation there could be some disruption of classroom activities from construction noise. This is considered a potential significant impact that can be mitigated with routine construction noise controls and proper scheduling. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the 29 2013-28 significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Findinq: The following facts are presented in support of this finding: (a) Project -related and cumulative Noise impacts are addressed in Section 5.10 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: N-1 Prior to the issuance of a grading permit for the project, the applicant shall prepare and submit to the City a Construction Noise Mitigation Plan in order to demonstrate compliance with the numerical criteria in Section 22.28.120 of the Municipal Code relating to allowable construction noise. The plan shall address noise levels during construction to the portable classrooms on the campus of Diamond Ranch High School, as well as noise levels at nearby residential areas, and identify measures to minimize those noise levels. The Construction Noise Mitigation Plan shall include the following construction practices to minimize construction noise levels: ■ All mobile equipment shall have properly operating and maintained mufflers; ■ Stockpiles of construction material or waste shall be located as far as possible from existing residences and the Diamond Ranch High School property; ■ Mobile source equipment during the noisiest grading activities operating within 300 feet of the school shall either occur during school based holidays or after students at Diamond Ranch High School are our for the day; and ■ Stationary equipment such as generators or dewatering pumps continually operating within 500 feet of any single-family residential home or within 250 feet of any portable classroom on the Diamond Ranch High School campus shall be equipped with a temporary noise barrier as close as possible to the noise source that can reduce noise levels by 10.0 dB(A). (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.7.2 Environmental Effect: On-site Operational Noise Impacts. Site A is impacted by traffic noise from Chino Hills Parkway and Site B is impacted by traffic noise from the SR -60 freeway. Mitigation would reduce these impacts below the level of significance. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(x)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Findin : The following facts are presented in support of this finding: (a) Project -related and cumulative Noise impacts are addressed in Section 5.10 in the 30 2013-28 Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: N-2 This measure applies only to Site A. Prior to approval of a tentative subdivision map or Development Review for Site A, the applicant shall do one of the following: ■ Submit a development site plan that shows all areas within Site A intended for residential uses are located at a distance equal to or greater than 150 feet from the centerline of Chino Hills Parkway, OR If development of residential uses is proposed within 150 feet of Chino Hills Parkway, prepare and submit a detailed analysis of noise reduction requirements, as specified in Section 22.28.090 of the Municipal Code, in a manner meeting the approval of the City Engineer. The analysis shall include updated estimates of outdoor noise levels, and shall identify measures to reduce outdoor living area noise levels to 65 dB(A) CNEL and demonstrate that indoor living areas will have noise levels no greater than 40 dB(A) CNEL in accordance with California Building Code 1207. Measures to achieve these standards may include, but are not limited to: ■ Construct a noise wall or berm to shield ground floor living areas from noise; (not effective for upper stories); ■ Situate balconies or patios on the side of the building away from Chino Hills Parkway such that they are noise protected by the building itself; or, • Equip patios or balconies having a line of sight to Chino Hills Parkway with a plexiglass or transparent enclosure or similar noise barrier. N-3 This measure applies only to Site B. Prior to approval of a tentative subdivision map or Development Review -for Site B, the applicant shall do one of the following: Submit a development site plan demonstrating that all areas within Site B intended for residential uses are located at a distance equal to or greater than 1,000 feet from the centerline of SR -60, OR If development of residential uses is proposed within 1,000 feet of SR - 60, prepare a detailed analysis of noise reduction requirements, as specified in Section 22.28.090 of the Municipal Code, in a manner meeting the approval of the City Engineer. The analysis shall include updated estimates of outdoor noise levels, and shall identify measures to reduce outdoor living area noise levels to 65 dB(A) CNEL and demonstrate that indoor living areas will have noise levels no greater than 40 dB(A) CNEL in accordance with California Building Code 1207.. Measures to achieve these standards may include, but are not limited to: Construct a noise wall or berm to shield ground floor living areas from noise; (not effective for upper stories); Situate balconies or patios on the side of the building away from SR -60 such that they are noise protected by the building itself; or, 31 951513.1 Equip patios or balconies having a line of sight to SR -60 with a plexiglass or transparent enclosure or similar noise barrier. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended_ or required. 5.8 Public Services and Utilities 5.8.9 Environmental Effect: Increased Demand for Fire Protection Services. Development of 490 additional housing units would create additional demand for fire protection services, which can be mitigated to acceptable levels with the measures identified. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Public Services and Utilities are addressed in Section 5.12 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into Project, to reduce this impact to a level below significance: Pub -1 Construction Fire Protection Plan - Prior to issuance of a grading permit, the Applicant shall submit a Construction Fire Protection Plan to the City and Consolidated Fire Protection District of Los Angeles County for review and approval. The Construction Fire Protection Plan (which can be a component of the Construction Management Plan) shall show in sufficient clarity provisions for the safe clearance of surrounding brush and storagelremoval of combustible materials. The Plan shall also identify temporary emergency access routes and notification procedures in the event of a fire emergency. The general contractor shall be responsible for carrying out provision of the Construction Fire Protection Plan and communicating it to all subcontractors. The Construction Fire Protection Plan should include, but not be limited to, the following: Procedures for reporting emergencies to the Consolidated Fire Protection District of Los Angeles County; Procedures for emergency notification, evacuation, and/or relocation of all persons in the building under construction on the Project site; Procedures for hot work operations, management of hazardous materials and removal of combustible debris and maintenance of emergency access roads; • Floor plans identifying the locations of exits, exit stairs, exit routes and portable fire extinguishers; • The name and contact phone number of the person(s) responsible for compliance with the Construction Fire Protection Plan; • Demonstrate that all construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather 2013-28 32 951513.1 driving surface of not less than 20 feet of unobstructed width and engineered to support the live load of fire apparatus. • Demonstrate that construction vehicles will be parked a minimum of 20 feet from new buildings under construction; • Demonstrate that adequate hydrants or interim fire flow water supply is installed prior to combustible construction materials accumulating on site; • Demonstrate that where automatic fire sprinkler systems are required to be installed in new buildings, the system would be placed in service as soon possible. • Provisions for portable fire extinguishers as directed by the LACFPD. The general contractor shall ensure that an adequate number of individuals are trained in the proper use of portable fire extinguishers. • _Prohibition of smoking anywhere inside or on the roof of new buildings under construction. • Provisions to ensure'that all tanks and containers are marked with the name of the product and "FLAMMABLE -KEEP FIRE AND FLAME AWAY." • Demonstrate that wood, cardboard, packing material, form lumber, and similar combustible debris would not be accumulated within buildings. • Demonstrate that hot work (i.e., including any work involving operations capable of initiating fires or explosions, such as cutting, welding, brazing, soldering, grinding, thermal spraying, thawing pipe, torch applied roofing, or any other similar activity) and use of equipment would be in accordance with pre -site inspection, fire watch, and post - inspection procedures to be defined in the plan. Pub -2 Operational Fire Management Plan - Prior to issuance of a grading permit, the Applicant shall submit an Operational Fire Management Plan to the City and Consolidated Fire Protection District of Los Angeles County for review and approval. The Operational Fire Management Plan shall show in sufficient clarity provisions for the long-term management and maintenance of the project, including provisions for safe clearance of surrounding brush and storagetremoval of combustible materials. The Plan shall also identify permanent emergency access routes and notification procedures in the event of a fire emergency. The Operational Fire Management Plan shall meet the minimum performance standards identified in this EIR. The Operational Fire Management Plan should include, but not be limited to, the following information and measures to reduce safety risks and frequency of calls to the LACFPD for fire protection and emergency medical service: Provisions for implementation, maintenance and inspection of all required fire sprinkler systems. Provisions for adequate primary and secondary access to the Project, including security measures, maintenance, and emergency evacuation planning along such routes. Identification of emergency exits within the building, stairwells, locations of fire extinguishers and fire alarms, and provisions for period safety inspections and maintenance of such facilities. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, andfor mitigation measures are recommended or required. 2013-2s 33 5.8.2 Environmental Effect: Increased Demand for Police Protection Services. Development of 490 additional housing units would create additional demand for police protection services, which can be mitigated to acceptable levels with the measures identified. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines), Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative impacts to Public Services and Utilities are addressed in Section 5.12 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: Pub -3 CPTED — Construction Phase — Prior to initiation of construction activities, the Applicant or Construction Contractor shall provide a CPTED Plan (addressing construction strategies) to the City of Diamond Bar and the Los Angeles County Sheriff's Department. The CPTED Construction Strategies shall outline crime prevention techniques to be implemented throughout the duration of construction activity at the Project Site(s). Such CPTED Construction Strategies shall include but are not limited to: 1) provisions for construction area fencing; 2) provisions to secure, disable or lock up construction equipment stored at the Project Site(s); and 3) provisions for a security firm to patrol on-site or security monitoring providing surveillance during non -construction hours to deter criminal activity at the Project Site(s). Pub -4 CPTED — Project Design and Occupancy — Prior to approval of the Final Plan, the Applicant shall submit a CPTED Strategy Guide that identifies key techniques for residential uses which deter criminal activity that have been incorporated (or will be incorporated) into the Project design and/or future maintenance. The CPTED Strategy Guide shall identify along with each proposed strategy measure the associated program for implementation. For example, the CPTED Strategy Guide should identify which measures would be incorporated into the Landscape Plan that would ensure that the landscape design provides adequate defensible space surrounding buildings. Or the CPTED Strategy Guide would identify which measures would be managed by the property management upon building occupancy (i.e., maintenance of surveillance equipment and coordination of on-site patrols). The CPTED Strategy Guide should incorporate techniques similar or equivalent to, but not limited to, those identified by through the U.S. Department of Housing and Urban Development guidelines for single-family homes and neighborhood development. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.9 Traffic and Circulation 34 951513.1 2013-28 5.9.1 Environmental Effect: Conflicts with Applicable Circulation System Plans and Regulations. The project would generate an estimated 3,259 vehicular trips per day, including 250 trips during the AM peak hour and 304 trips during the PM peak hour. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Findinq: The following facts are presented in support of this finding: (a) Project -related and cumulative Traffic and Circulation impacts are addressed in Section 5.14 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance - T -1 The applicant of future development on the Project site shall pay a fair -share of the improvement costs at the intersection of Phillips Ranch Road at Village Loop Road. The improvements at this intersection shall include the re -striping of eastbound shared through/right turn lane as an exclusive right -turn lane. Improvements will also include the modification of the existing signal to allow for an eastbound right -turn overlapping phase. The improvement cost at this intersection is estimated at $8,000 (2012 dollars). The Project fair -share percentage (based on greatest peak hour impact) at this impacted intersection for the Year 2034 Cumulative plus Project traffic conditions totals 14.09%. The applicant of future development on the Project site shall therefore pay a fair share of $1,127.20 (2012 dollars) based on the fair share 14.09% contribution. The applicant of future development on the Project site shall pay said fair share of $1,127.20 (2012 dollars) prior to issuance of any building permit on the Project site. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.9.2 Environmental Effect: Site Access. The Project would require access from Chino Hills Parkway. This intersection is currently projected to operate at an acceptable level of service with an unsignalized intersection. However, future conditions could warrant installation of a traffic signal based on conditions at the time of development. Adequate line of sight is required to ensure safe operation of this intersection. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(x)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Traffic and Circulation impacts are addressed in Section 5.14 in the Final EIR and that analysis is incorporated by reference herein. 2013-28 35 (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: T-2 ' Prior to approval and recordation of a final subdivision map or approval of street improvement plans, a traffic signal warrant analysis shall be prepared by the Project Applicant in a manner meeting the approval of the City Engineer. If a signal is determined to be warranted, the Project applicant shall design and install a signalized intersection prior to issuance of the first certificate of occupancy for the development. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.9.3 Environmental Effect: Project Entry, Line ofSicaht Analysis. The sight distance evaluation prepared for the Project entrance was based on the criteria and procedures set forth by Caltrans in the State's Highway Design Manual for "Private Road Intersections." The sight distance evaluation concluded that sight distances would adequate at the Project entrance, provided that landscaping and/or hardscape to the north and south of the Project driveway, and within the median on Chino Hills Parkway, are designed such that a driver's clear line of sight is not obstructed and does not threaten vehicular or pedestrian safety. Finding. The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Traffic and Circulation impacts are addressed in Section 5.14 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: T-3 Prior to approval and recordation of any final subdivision map or approval of street improvement plans, a note shall be placed on the map identifying sight distance standards in a manner meeting the approval of the City Engineer. Prior to issuance of a grading permit for the proposed development, the applicant shall demonstrate to the City Engineer that the design and installation of the project entry meets all applicable sight distance safety requirements. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.9.4 Environmental Effect: Emergency Site Access. In order to ensure public safety in the event of an emergency or natural disaster, it is desirable to have a secondary access route for developments. Diamond Ranch High School is immediately adjacent to both Site A and Site B, and a secondary access could potentially be provided to serve both the high school and the Project site. Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the 36 951513.1 2013-28 significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Traffic and Circulation impacts are addressed in Section 5.14 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project; to reduce this impact to a level below significance: T-4 Prior to approval and recordation of a final subdivision map or issuance of a grading permit, whichever occurs first, the applicant of future development on the Project site shall develop and submit a Secondary Site Access Plan to the City. This plan shall outline and describe an area that shall be utilized in developing a secondary ingresslegress point onto the Project site. If feasible, the emergency access shall be coordinated with Pomona Unified School District and the Successor Agency to the Industry Urban Development Agency so as to also provide emergency access to Diamond Ranch High School. The secondary access point shall be gated and only be used in emergency situations where residents of the Project site need to quickly and safely evacuate. The Consolidated Fire Protection District of Los Angeles County and the Los Angeles County Sheriff's Department shall be provided "emergency access keys" for access to the Project site from said secondary access point in the event of an emergency. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 5.9.5 Environmental Effect: Hazardous Design_ Features. The project is required to comply with design standards to ensure public safety. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Traffic and Circulation impacts are addressee! in Section 5.14 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Project, to reduce this impact to a level below significance: T-5 Prior to the approval of any subdivision map, grading permit or engineering/encroachment permit, whichever occurs first, the applicant shall submit a site plan demonstrating compliance with all applicable engineering and safety standards for streets, pedestrian walkways and bicycle lanes in a manner meeting the approval of the City Engineer. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no 2013-28 37 additional conditions, standards, and/or mitigation measures are recommended or required. 5.9.6 Environmental Effect: Temporary Construction Impacts. During construction, temporary traffic impacts could occur. 951513.1 Finding: The City Council hereby makes Finding (1), namely: "Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of CEQA; Section 15091(a)(1), State CEQA Guidelines). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative Traffic and Circulation impacts are addressed in Section 5.14 in the Final EIR and that analysis is incorporated by reference herein. (b) Following are the Mitigation Measures identified in the Final EIR which will be incorporated into the Affordable Housing Land Use and Zoning Designation Project, to reduce this impact to a level below significance: T-6 Prior to the issuance of a grading permit, the applicant of future development on the Project site shall submit to the City Engineer a Construction Worker Parking and Equipment Staging Plan that shall minimize the disturbance to the surrounding residential neighborhoods and schools to the greatest extent feasible. Unless otherwise authorized, contractors and other construction personnel performing development activities in proximity to the Project site shall be prohibited from parking andlor operating construction equipment, trailers, dumpsters, or other material within a public right-of-way or other public property. T-7 Prior to the issuance of a grading permit, the applicant of future development on the Project site shall submit to the City Engineer a Construction Traffic Mitigation Plan. The plan shall identify the following: The travel and haul routes to be used by construction vehicles; The points of ingress and egress for all construction vehicles; • If applicable, temporary street or lane closures, temporary striping, and temporary signage; • Location of materials storage and construction equipment staging areas; • Maintenance plans to remove spilled debris from roadway surfaces; and • The hours during which construction equipment may be used and brought onloff the Project site. The applicant of future development on the Project site shall keep all of the haul routes clean and free of debris including, but not limited to, dirt and gravel from construction operations. The applicant shall clean adjacent streets and roadways, per the City, of any material that may have been spilled, blown, or tracked onto adjacent streets. Hauling or construction transportation of heavy material shall only be allowed between the hours of 9:00 a.m. to 3:00 p.m. Monday through Friday, unless authorized differently by the City. No hauling or transport shall be allowed during nighttime hours, weekends, or statelfederal holidays. 2013-28 38 T-8 Prior to the issuance of a grading permit, the applicant of future development on the Project site shall develop and submit to the City a Traffic Control Plan. This plan shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook," the California Department of Transportation's "Manual of Traffic Controls for Construction and Maintenance Work Zones", or any alternative reference accepted by the City. The plan shall describe the applicant's plans to efficiently and safely maintain vehicular and non -vehicular access and movement along local roadways throughout the construction period. The plan shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during closures or restrictions of roadways and lanes. (c) Since, upon application of these mitigation measures, none of the threshold criteria would be exceeded, the identified impact would be less than significant and no additional conditions, standards, and/or mitigation measures are recommended or required. 6.0 FINDINGS REGARDING THE SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED AFFORDABLE HOUSING LAND USE AND ZONING DESIGNATION PROJECT THAT CANNOT FEASIBLY BE REDUCED TO BELOW A LEVEL OF SIGNIFICANCE SHOULD IT BE IMPLEMENTED With regards to the Project, the City Council has determined that existing statutes, regulations, uniform codes, project design features, conditions, standards, and mitigation measures included in the FEIR will result in a substantial reduction of all of those environmental effects identified in the FEIR to a level that is less than significant. 7.0 FINDINGS REGARDING PROJECT ALTERNATIVES The California Environmental Quality Act (CEQA) requires that Environmental Impact Reports "...shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives". The selection of alternatives and their discussion must "foster informed decision-making and public participation" (CEQA Guidelines §15126.6(a). Emphasis added). A fundamental consideration in the selection of alternatives for the Project is the requirement of 'state housing law that the City rezone property to accommodate development at least 490 new housing units at a density of at least 30 units/acre. Because of this legal requirement, no alternative uses of the site (such as lower -density residential or commercial development) were considered since they would not meet this fundamental purpose of the project. As presented in Section 5 above, all potentially significant effects of the Project have been adequately mitigated to a level below significant. In other words, "changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the Final EIR" (Section 21081(a)(1) of the Public Resources Code (CEQA); Section 15091(a)(1), State CEQA Guidelines). 7.1 Alternative 1 (No Project) Alternative 1 (No Project) Description: Under Alternative 1, future use of the site would continue to be regulated by the existing General Plan land use and zoning regulations. According to General Plan Land Use Element Figure 1-2, the Project site is designated "PA - 39 951513.1 2013-28 1/SP" (Planning Area 1, Specific Plan Overlay). Strategy 1.6.1 of the Land Use Element (p. I- 16) states that: "A master plan shall be developed for each area of the City designated as a Planning Area (PA). The location of each Planning Area is shown on Figure 1-2. Descriptions of each area and the contemplated land use designations are defined as follows: a) Planning Area 1 PA -1 is located within the incorporated City south of the Pomona Freeway west of Chino Hills Parkway. This 720± acre vacant area is part of the larger Tres Hermanos Ranch property spanning Grand Avenue, including property within the City of Chino Hills. PA -1 incorporates the Agriculture (AG) land use designation permitting single family residential at a maximum density of 1.0 dwelling unit per 5 gross acres. Facilities appropriate for this site should be designed based upon a vision for the future and not merely extend the patterns of the past. Such facilities may include educational institutions, reservoir for practical and aesthetics purposes, commercial developments which are not typical of those found in the area and a variety of residential, churches, institutional and other uses which are complimentary to the overall objective of having a master planned area. Development within the Tres Hermanos area should be designed so as to be a part of the Diamond Bar community as well as compatible with adjacent lands." For purposes of this alternative, a 30 -acre (gross) portion of the Project site would be developed with single-family homes at a density of one unit per five gross acres, and a total of six single-family homes. Finding: For most issues that are related to the disturbance of undeveloped land (e.g., Aesthetics, Biological Resources) this alternative is superior to the Project. However, for Land Use and Planning this alternative is inferior because it would not maintain consistency with regional plans and the City's Housing Element. Facts in Support of Finding: The following facts are presented in support of this finding: (a) The City's analysis of Project Alternative 1 is presented in Section 6.3.1 in the Final E1R; this analysis is incorporated by reference herein and summarized below. (b) AESTHETICS: Under this alternative, less grading, landform alteration and disturbance of natural vegetation would be required in order to accommodate six single-family homes as compared to the Project. Therefore, visual impacts resulting from development would be reduced. However, the analysis of the Project concluded that aesthetics impacts would be less than significant, and therefore the No Project alternative would not eliminate or reduce significant impacts of the Project. (c) AGRICULTURE AND FORESTRY RESOURCES: The only agricultural activity on the site is livestock grazing. Under this alternative, it is assumed that the same amount of land (30 acres) would be removed from grazing activity as for the Project. No forestry resources would be impacted by either this alternative or the Project. Therefore, impacts would be similar for this alternative and the Project, and no significant impacts would be eliminated or reduced. (d) AIR QUALITY AND GREENHOUSE GAS EMISSIONS: Air pollutant emissions are caused during construction and ongoing operations associated with transportation and other types of energy use by new development. Development under this alternative would be expected to generate a reduced quantity of air pollutant and greenhouse gas 40 951513.1 2013--28 951513.1 emissions during construction and operation as compared to the Project because less grading would be required and fewer vehicle trips would be generated. No significant impacts associated with air emissions were identified for the Project, and therefore this alternative would not eliminate or reduce any significant adverse impacts related to this topic. (e) BIOLOGICAL RESOURCES: Sensitive biological resources are present on the Project site. Under this alternative, it is assumed that a similar amount of land would be disturbed to create roadway access and residential lots for six homes as compared to the Project, since owners of the five -acre parcels would be permitted to replace natural vegetation with ornamental landscaping, hardscape, etc. As a result, potential impacts would be similar or potentially greater than for the Project, which could include common areas that encompass sensitive vegetation and remain undisturbed. However, mitigation measures have been identified that would reduce the impacts of the Project below the level of significance; therefore, no significant impacts would be eliminated or reduced under this.alternative. (f) CULTURAL RESOURCES: Sensitive archaeological or paleontological resources could exist on the Project site. Under this alternative, it is assumed that a reduced amount of land would be disturbed to create roadway access and building pads for six homes as compared to the Project, and as a result, the potential to disturb cultural resources would likely be less. However, mitigation measures have been identified that would reduce the impacts of the Project below the level of significance; therefore, no significant impacts would be eliminated or reduced under this alternative. (g) GEOLOGY AND SOILS: Under this alternative, grading to create roadway access and building pads would be reduced in comparison to the Project, and fewer people and structures would be exposed to hazards such as earthquakes and landslides. However, mitigation measures have been identified that would reduce the impacts of the Project below the level of significance; therefore, no significant impacts would be eliminated or reduced under this alternative. (h) HAZARDS AND HAZARDOUS MATERIALS: Under the No Project Alternative, the construction period would likely be shorter and fewer people would be exposed to potential risks from hazardous materials used in construction. Also, fewer people would be exposed to wildland fires that could occur on-site after occupancy. However, mitigation. measures have been identified that would reduce the impacts of the Project below the level of significance; therefore, no significant impacts would be eliminated or reduced under this alternative. (i) HYDROLOGY AND WATER QUALITY Under the No Project Alternative, the future development "footprint" from grading to create roadway access and building pads on the Project site would be reduced. As a result, required drainage improvements would also be reduced as compared to the Project. During the public scoping process, comments were submitted regarding existing drainage problems in the residential neighborhood located on Scenic Ridge Drive northeast of the Project site, and concerns were expressed regarding the potential for the Project to exacerbate the existing problems. Mitigation measures have been identified to address potential impacts related to drainage from the Project, and impacts would be less than significant. Therefore, while the No Project alternative would be expected to require less extensive drainage improvements compared to the Project, it would not eliminate or reduce any significant adverse impacts. Q) LAND USE AND PLANNING: The General Plan Land Use Element and zoning regulations would not be amended under this alternative. Consequently, the Land Use and Housing Elements of the General Plan would be internally inconsistent, which 2013-28 41 would be a violation of state law. In addition, the City's General Plan would be inconsistent with regional plans. These land use conflicts would represent a significant adverse impact. In addition, this alternative would not meet the basic project objective of accommodating the City's fair share of regional housing needs. (k) NOISE: Noise impacts are generated during construction and from traffic during long- term operation. This alternative would be expected to result in reduced noise impacts as compared to the Project due to a shorter construction period and substantially less traffic added to the road network. However, with the identified mitigation measures, impacts of the Project would be less than significant; therefore, this alternative would not eliminate or reduce any significant impacts with respect to noise. (1) POPULATION AND HOUSING: This alternative would result in a reduced inducement to population growth compared to the Project since it would allow only six additional homes. However, the impacts of the Project would be less than, significant in this regard; therefore, this alternative would not reduce or eliminate any significant impacts. Because the Project site is vacant, neither the No Project alternative nor the Project would result in displacement of people or homes. Therefore, this alternative would be identical to the Project with respect to this potential impact. (m) PUBLIC SERVICES: Under the No Project Alternative, development of six homes would be allowed on the site. Therefore, risks due to police protection, fire or paramedic services would be reduced compared to the Project. However, with the identified mitigation measures, impacts of the Project would be less than significant; therefore, this alternative would not reduce or eliminate any significant impacts. (n) RECREATION: Under the No Project Alternative, demand for parks and recreation would be reduced compared to the Project. However, with the identified mitigation measures, impacts of the Project would be less than significant; therefore, this alternative would not reduce or eliminate any significant impacts. (o) TRANS PORATIONITRAFFIC: Under the No Project Alternative, traffic generation would be substantially reduced compared to the Project. However, with the identified mitigation measures, impacts of the Project would be less than significant; therefore, this alternative would not reduce or eliminate any significant impacts. Since this alternative would not provide an opportunity to provide shared emergency access for Diamond Ranch High School, it is considered inferior to the Project in this regard. (p) UTILITIES AND SERVICE SYSTEMS: Under the No Project Alternative, demand for utilities and public services would be reduced compared to the Project. However, with the identified mitigation measures, impacts of the Project would be less than significant; therefore, this alternative would not reduce or eliminate any significant impacts. 7.2 Alternative Locations for the Project With regard to alternative locations for a project, CEQA Guidelines §15126.6(#)(2) provides that "The key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR." (Emphasis added). The environmental analysis presented in Chapter 5 of the Final EIR concludes that all of the potential impacts of the Project would either be less than significant, or would be reduced below the level of significance by mitigation measures identified in the analysis of each topic. Therefore, according to CEQA, no analysis of alternative site locations is required (§15126.6(f) (2)). However, comments were 951513.1 2013-28 42 received during the public scoping process requesting that the City consider other locations for the Project. In order to address those public comments and concerns, two alternative locations for the Project have been evaluated and are discussed in Section 6.3 of the Final E1R. These alternative locations include multiple infill sites in a developed light industrial portion of the City, and another location within the Tres Hermanos property approximately one mile south of the Project site. 7.3 Alternative 2 (Infill Sites) 951513.1 Alternative 2 Infill Sites Description. Under this alternative, General Plan and zoning amendments for separate infill sites listed in Table 6.3-1 below and shown in Exhibit 6-1 would be adopted to allow development of 490 housing units. These sites are located in the northwestern portion of the city, north of the SR -60 freeway, and most are currently developed with light industrial buildings. Finding: For most issues that are related to disturbance of undeveloped land (e.g., Aesthetics, Biological Resources) this alternative is superior to the Project because the sites have previously been disturbed by development. However, for other impacts such as Recreation and Utilities/Service Systems the impacts of this alternative would be similar to the Project since both alternatives would generate a similar demand for public services and facilities. This alternative would be inferior to the Project with respect to Land Use and Planning because it would not maintain consistency with the Housing Element. Facts in Support of Finding: The following facts are presented in support of this finding: (a) The City's analysis of Project Alternative 1 is presented in Section 6.3.2 in the Final EIR; this analysis is incorporated by reference herein and summarized below. (b) AESTHETICS: All the parcels included in this alternative are presently developed, and are surrounded by a fully urbanized area. Some parcels are located adjacent to residential areas while others are adjacent to similar industrial and/or commercial development. There are no natural resources remaining or significant aesthetics views that could be adversely affected by redevelopment of any of the sites for high-density residential use. No designated historic structures exist within the area. Increased lighting could occur with redevelopment; however, exterior lighting already exists on the buildings on these sites, and the City Municipal Code contains provisions to minimize potential impacts of increased lighting on any adjacent sensitive uses. While this alternative would avoid the conversion of vacant land to urban uses, the impacts of the Project would be less than significant; therefore, this alternative would not eliminate or reduce any significant adverse impacts with regard to aesthetics. (c) AGRICULTURE AND FORESTRY RESOURCES: No agriculture or forestry resources would be affected under this alternative, and therefore, impacts would be less than for the Project. However, no significant impacts to agriculture and forestry resources were identified for the Project; therefore, this alternative would not eliminate or reduce any significant adverse impacts related to this topic. (d) AIR QUALITY AND GREENHOUSE GAS EMISSIONS: Air pollutant emissions are caused during construction and ongoing operations associated with transportation and other types of energy use by new development. While development under this alternative would be expected to generate a similar quantity of air pollutant and greenhouse gas emissions during construction and operation as the Project, existing uses on these sites already generate air pollutants; therefore, the net change in emissions would be less than for the Project. However, no significant impacts associated with air emissions were identified for the Project; therefore, this alternative would not eliminate or reduce any significant adverse impacts related to this topic. 2013-28 43 (e) BIOLOGICAL RESOURCES: All parcels included in this Alternative are currently developed, and are surrounded by urban uses. There are no natural resources remaining on these sites. Subsequent redevelopment of these sites for high-density residential use would have reduced potential to cause biological impacts. While the Project could potentially impact biological resources, the identified mitigation measures would reduce impacts to a level that is less than significant. Therefore, while this alternative would be superior to the Project with respect to biological resources, it would not eliminate or reduce any significant impacts in this regard. (f) CULTURAL RESOURCES: All the parcels included in this Alternative are presently developed, and are surrounded by urbanized area. Consequently, any archaeological resources that may have existed would likely have been eliminated during construction of the existing uses. Sub -surface paleontological resources could potentially exist in this area; therefore, redevelopment of these sites could impact cultural resources. With the identified mitigation measures, the Project would not result in significant impacts to cultural resources; therefore, this alternative would not eliminate or reduce any significant impacts in this regard. (g) GEOLOGY AND SOILS: Under the Infill Sites Alternative, future development would occur within a previously developed area. Because this alternative is located on land that is relatively flat, previously urbanized and accessible by an existing roadway network, potential impacts related to geology and soils would be reduced in comparison to those anticipated with the Project. Because the Infill Sites are not located in a hillside area, there would be no need for a Hillside Management Plan and hillside, slope stability and landslide concerns would not be anticipated. Mitigation measures have been identified that would reduce potential impacts of the Project with regard to geology and soils to a level that is less than significant. Therefore, while this alternative would be expected to result in reduced potential geological impacts as compared to the Project site, it would not eliminate or reduce any significant adverse impacts. (h) HAZARDS AND HAZARDOUS MATERIALS: While this alternative would be expected to result in reduced potential risk for some natural/manmade hazards (such as wildfires or landslides), the potential risk for other hazards (such as exposure to hazardous substances) would be increased as compared to the Project. With the identified mitigation measures, potential impacts of the Project would be less than significant; therefore, this alternative would not eliminate or reduce any significant adverse impacts. ;i) HYDROLOGY AND WATER QUALITY: Under the Infill Sites Alternative, future development would occur within a previously developed area in the northwest area of the City. Because this alternative is located in a developed area, existing drainage facilities would be expected to serve the new residential development, and therefore required drainage improvements would be reduced as compared to the Project site. During the public scoping process, comments were submitted regarding existing drainage problems in the residential neighborhood located on Scenic Ridge Drive northeast of the Project site. Mitigation measures have been identified to address potential impacts related to drainage from the Project, and impacts would be less than significant. Therefore, while this alternative would be expected to require less extensive drainage improvements compared to the Project, it would not eliminate or reduce any significant adverse impacts. (j) LAND USE AND PLANNING: CEQA defines land use and planning impacts as the physical division of an established community; conflict with any applicable land use 44 951513.1 2013--28 951513.1 plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the General Plan, Specific Plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect; and/or conflict with any applicable habitat conservation plan or natural community conservation plan. All of the parcels included in this alternative have been previously developed, and are surrounded by urbanized area. The General Plan Land Use Element designates all of these parcels for Light Industrial use, with the exception of a small parcel located adjacent to the SR -60 Freeway at Brea Canyon Road which is designated for Professional Office (OP) use. Surrounding adjacent areas are developed with residential uses varying from 5 to 20 dwelling units per acre. With regard to physical division of an established community, no significant impacts were identified for the Project and this alternative would similarly have no significant impacts. Neither this alternative nor the Project would result in significant conflicts with land use plans or policies, and neither area is within an area covered by a habitat conservation plan. Therefore, impacts for this alternative would be similar to the Project. (k) NOISE: Noise impacts are generated during construction and during long-term operation. Selection of this alternative site would be expected to result in similar noise impacts as compared to the Project because a similar amount of construction would occur and a similar volume of traffic would be generated. However, some of the sites are immediately adjacent to the SR -60 freeway, and would be exposed to a higher level of traffic noise compared to the Project site. With the identified mitigation measures, the impacts of the Project would be less than significant, and this alternative would not eliminate or reduce any significant impacts with respect to noise. (1) POPULATION AND HOUSING: Potential impacts with regard to population and housing include inducement of population growth or displacement of people or homes. This alternative would result in a similar inducement to population growth as the Project since both would allow up to 490 additional homes. Neither this alternative nor the Project would result in displacement of people or homes, and therefore impacts would, be similar. (m) PUBLIC SERVICES: As with the Project, it is anticipated that any new development of the Infill Sites would be required to comply with existing regulations to ensure adequate emergency access, construction in compliance with fire safety and building codes, provisions for adequate fire flow and hydrant access. With the identified mitigation measures, the impacts of the Project would be less than significant, and this alternative would not eliminate or reduce any significant impacts with respect to fire and police protection. (n) RECREATION: All residential development must provide for dedication of parkland or pay in -lieu fees in accordance with Section 21.32 of the City's Subdivision Code. No significant impacts to recreation were identified in association with the Project, and anticipated impacts related to this alternative would be similar to the Project. (o) TRANSPORATION/TRAFFIC: The Traffic Impact Analysis prepared for the Project identified one intersection (Phillips Ranch Road at Village Loop Road) where potentially significant impacts would require mitigation to conform to adopted level of service standards. Due to the greater distance between the Infill Sites Alternative and that affected intersection, it is less likely that this impact would occur; however, impacts could occur at other intersections closer to the Infill Sites. 2013--28 45 The amount of vehicular traffic generated would be the same for this alternative as compared to the Project since the same number of new housing units would be anticipated. However, since new housing at the Infill Sites would replace existing industrial uses, the net increase in traffic would likely be less than the Project, since it is a vacant site. However, since mitigation measures have been identified that would reduce impacts of the Project to a less than significant level, the Infill Sites Alternative would not eliminate or reduce any significant impacts. (p) UTILITIES AND SERVICE SYSTEMS: The Project and the Infill Sites Alternative would generate similar demand for public services and utilities since both would result in development of 490 additional residential units. Since the Infill Sites are currently served by utilities, it is expected that infrastructure improvements would be less than for the Project site; however, upgrading of water or wastewater lines could be necessary to serve high-density residential development. No significant impacts have been identified for the Project and therefore this alternative would not eliminate or reduce any significant impacts in regard to utilities and service systems. 7.4 Alternative 3 (Tres Hermanos - South) MaRRI Alternative 3 (Tres Hermanos - South) Description: This alternative site is located west of Chino Hills Parkway near the intersection of Chino Avenue, approximately one mile south of the Project site. The site is part of the Tres Hermanos property owned by the Successor Agency to the Industry Urban Development Agency. Similar to the Project Site, the Tres Hermanos South Site is characterized as gently rolling terrain with distinct hills and valleys. However, this location includes a portion of the ranch that is within a broad valley with less topographical relief as compared to the Project Site. During the scoping process, public comments were received requesting that alternate locations be considered for the Project. Along with the Infill Sites Alternative, this alternative responds to those public comments and addresses CEQA requirements to consider alternatives that might achieve most of the project objectives While reducing or eliminating significant environmental impacts. This site is more than 30 acres in size and could accommodate the project objective of 490 residential units. Finding: For most issues, Alternative 3 (Tres Hermanos-South) would have similar impacts to the Project. However, as with the other alternatives, it would not maintain consistency with the Housing Element and therefore would not meet a basic project objective. Facts in Support of Finding: The following facts are presented in support of this finding: (a) The Lead Agency's analysis of Project Alternative 1 is presented in Section 6.3.3 in the Final EIR; this analysis is incorporated by reference herein and summarized below. (b) AESTHETICS: this site has rolling topography and sparse natural vegetation along Chino Hills Parkway in areas visible to immediately surrounding undeveloped areas. The site is not immediately adjacent to development but may be visible in the distance from surrounding areas. In that respect, view impacts would be considered similar to the Project site. No significant aesthetics impacts were identified relative to the Project, and therefore this alternative would not eliminate or reduce any significant impacts with regard to aesthetics. (c) AGRICULTURE AND FORESTRY RESOURCES: This alternative would have similar impacts to grazing land as the Project. However, no significant impacts to agriculture and forestry resources were identified for the Project, and therefore this alternative would not eliminate or reduce any significant adverse impacts related to this topic_ 2013-28 46 (d) AIR QUALITY AND GREENHOUSE GAS EMISSIONS: Air pollutant emissions are caused during construction and ongoing operations associated with transportation and other types of energy use by new development. Development under this alternative would be expected to generate a similar quantity of air pollutant and greenhouse gas emissions during construction and operation as the Project. No significant impacts associated with air emissions were identified for the Project, and therefore this alternative would not eliminate or reduce any significant adverse impacts related to this topic. (e) BIOLOGICAL RESOURCES: No field surveys have been conducted on this alternative site; however, site photographs and aerial photos suggest that sensitive biological resources may exist on-site, similar in character to the Project area. This alternative site is also in closer proximity to a designated Sensitive Ecological Area (SEA) located in the Tonner Canyon area approximately two miles south of the project area. The proximity to this area could increase the potential for indirect impacts to the sensitive biological resources within the SEA due to the increased proximity of human activity and the associated potential for intrusion. No significant impacts to biological resources that could not be mitigated to a less than significant level were found in relation to development at the Project site. This alternative would be considered similar to the Project in terms of impacts related to biological resources. (f) CULTURAL RESOURCES: This alternative site is underlain by the same soil types as the project area. The potential for discovery of both archaeological and paleontological resources exists within the area. No significant impacts to cultural resources that could not be reduced to a less than significant level were found in relation to development on the Project site, and the same level of impact would be expected for this alternative. This alternative would be considered similar to the Project in terms of impacts to cultural resources. (g) GEOLOGY AND SOILS: Compared to the Project site, the Tres Hermanos South Site Alternative would" result in slightly greater impacts than the Project because the underlying risks are greater due to the alternate site's location within a drainage area underlain with alluvial fill. However, as with the Project, it is anticipated that with appropriate engineering measures and best management practices, as defined and recommended by qualified geotechnical engineers, impacts related to geology and soils could be reduced to less than significant levels.. (h) HAZARDS AND HAZARDOUS MATERIALS: Potential hazards related to the presence or use of hazardous materials on-site would be similar for this alternative as for the Project Site. Both sites have been used as grazing land and have not been previously developed. No significant hazards due to aircraft would occur at either site, and emergency access issues would be similar for the sites. Wildland fire hazards would also be similar for these sites since they are in the same general area and are both adjacent to undeveloped land. For these reasons, this alternative would not eliminate or reduce any significant adverse impacts. (i) HYDROLOGY AND WATER QUALITY: Impacts to hydrology and water quality associated with development of the. Tres Hermanos-South alternative site would be similar to the Project site in that a substantial amount of grading .and installation of drainage infrastructure would be required as part of the development. Mitigation measures have been identified to address potential impacts related to drainage from the Project, and impacts would be less than significant. This alternative would not eliminate or reduce significant impacts on hydrology because existing City Code 47 951513.1 2013-2s requirements and identified mitigation measures applicable to the Project would reduce potential impacts below the level of significance. (j) LAND USE AND PLANNING: The alternative site is undeveloped and utilized for grazing similar to the Project site. The site is designated in the General Plan for Agricultural uses, as is the Project site. Development on this site would not physically divide an established community or conflict with a habitat conservation plan or natural community conservation plan. This alternative would require General Plan and zoning amendments similar to the Project, and would maintain consistency between the Land Use and Housing Elements of the General Plan, as well as consistency with state law and regional plans. No significant land use and planning impacts were identified with the Project, and none would be anticipated with this alternative. This alternative would be considered similar to the Project in terms of impacts related to land use and planning. (k) NOISE: Noise impacts are generated during construction and during long-term operation. While this site is similarly situated along Chino Hills Parkway, it is not adjacent to the SR -60 freeway and therefore selection of this alternative site would be expected to result in marginally lower noise impacts as compared to portions of the Project site. With the identified mitigation measures, the impacts of the Project would be less than significant, and this alternative would not eliminate or reduce any significant impacts with respect to noise. (1) POPULATION AND HOUSING: Potential impacts with regard to population and housing include inducement of population growth or displacement of people or homes. This alternative would result in a similar inducement to population growth as the Project since both would allow up to 490 additional homes. Neither this alternative nor the Project would result in displacement of people or homes. Therefore, this alternative would be similar to the Project with respect to population and housing impacts. (m) PUBLIC SERVICES: Fire Protection — With the Tres Hermanos South Alternative, future development would occur within an undeveloped area approximately one mile south of the Project site. Similar to the Project site, this alternative would result in the potential for increased fire service calls to an area that currently experiences negligible activity. This impact would be similar to the Project. Both sites have a similar exposure to wildland fire hazards. Mitigation measures identified in the Public Services chapter would reduce impacts of the Project to a level that is less than significant, and this alternative would not eliminate or reduce any significant impacts with regard to fire protection. Police Services — Similar to the Project site, this alternative would result in the potential for increased police service calls to an area that currently experiences negligible activity. This impact would be similar to the Project, and identified mitigation measures would reduce impacts to a level that is less than significant. This alternative would not eliminate or reduce any significant impacts with regard to police services. (n) RECREATION: All new residential development must provide parkland or pay in -lieu fees in accordance with Section 21.32 of the City's Subdivision Code. This requirement would apply to this alternative site as well as the Project site. No significant impacts to recreation were identified in association with the Project, and none would be anticipated related to this alternative. This alternative would be considered similar to the Project in terms of impacts related to recreation, and no significant impacts would be eliminated or reduced. (o) TRANSPORATIONITRAFFIC: The Traffic Impact Analysis for the Project identified one intersection (Phillips Ranch Road at Village Loop Road) where potentially significant impacts would require mitigation to conform to adopted level of service standards. A 48 951513.1 2013-25 mitigation measure is identified that would reduce 'that impact below the level of significance. Since this alternate site is located near the Project site, would also take access from Chino Hills Parkway, and would generate the same traffic volume, traffic impacts would be expected to be similar to the Project. Since mitigation measures have been included to reduce impacts of the Project to a less than significant level, this alternative would not eliminate or reduce any significant impacts. (p) UTILITIES AND SERVICE SYSTEMS: The Project and the Tres Hermanos-South Alternative would generate similar demand for utilities since both would result in development of 490 additional residential units. No significant impacts have been identified for the Project and therefore this alternative would not eliminate or reduce any significant impacts in regard to utilities and service systems. 7.5 Summary and Comparison of Alternatives The comparison, presented in detail in Section 6.4 of the Final EIR, indicates that Alternative 1 (No Project) would result in impacts that are both superior and inferior to the Project. For most issues that are related to the disturbance of undeveloped land (e.g., Aesthetics, Biological Resources) this alternative is superior to the Project. However, for Land Use and Planning this alternative is inferior because it would not maintain consistency with regional plans and the City's Housing Element. It would also not meet the basic Project objective of maintaining consistency with the Housing Element. However, it is considered the environmentally superior alternative. For most environmental impact categories, Alternative 2 (Infill Sites) would result in impacts that are either superior or similar to the Project. For most issues that are related to disturbance of undeveloped land (e.g., Aesthetics, Biological Resources) this alternative is superior to the Project because the sites have previously been disturbed by development. However, for other impacts such as Recreation and Utilities/Service Systems the impacts of this alternative would be similar to the Project since both alternatives would generate a similar demand for public services and facilities. This alternative would be inferior to the Project with respect to Land Use and Planning because it would not maintain consistency with the Housing Element. For this reason, it would not meet a basic Project objective. This alternative is considered the environmentally superior alternative other than the No Project alternative. 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