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PC 2016/01/25 City of Anaheim Planning Commission Agenda Monday, January 25, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, January 21, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 01/25/2016 Page 2 of 5 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 01/25/2016 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2015-05843* (DEV2015-00124) Location: 1217 South Euclid Street Request: To permit the on-site sales and consumption of beer and wine at a new restaurant (Wingstop) within an existing commercial center. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. *Variance No. 2016-05056 has been deleted. Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 3 RECLASSIFICATION NO. 2015-00287 CONDITIONAL USE PERMIT NO. 2015-05829 VARIANCE NO. 2015-05050 PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 (DEV2015-00110) Location: 2585 West La Palma Avenue Request: The applicant requests approval of the following land use entitlements: a reclassification to rezone the property from the Industrial (I) zone to the General Commercial (C-G) zone; a conditional use permit to permit the construction of a new service station, convenience market and the sale of beer and wine for off-premises consumption; a variance to allow reduced front setbacks and less parking spaces than required by code; and an associated determination of public convenience or necessity to permit the sale of beer and wine for off-premises consumption in the convenience market. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Motion Request for continuance to February 8, 2016 Project Planner: Amy Stonich astonich@anaheim.net 01/25/2016 Page 4 of 5 ITEM NO. 4 RECLASSIFICATION NO. 2015-00282 CONDITIONAL USE PERMIT NO. 2015-05815 VARIANCE NO. 2015-05046 TENTATIVE TRACT MAP NO. 17920 (DEV2015-00071) Location: 2337 and 2415 South Manchester Avenue Request: The following land use entitlements are requested to permit the development of a 120-unit, three story attached single family residential project: reclassify the subject properties from the T (MHP) (Transition, Mobile Home Park Overlay) and C-G (General Commercial) Zones to the RM-4 (Multiple Family Residential) Zone; a conditional use permit to allow an attached single-family residential development with modified development standards; a variance to allow a six-foot height fence within the front yard setback; and a tentative tract map to create a 120-unit residential subdivision. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Amy Vazquez avazquez@anaheim.net ITEM NO. 5 RECLASSIFICATION NO. 2015-00277 TENTATIVE TRACT MAP NO. 17858 CONDITIONAL USE PERMIT NO. 2015-05787 (DEV2015-00002) Location: 420 and 440 North Magnolia Avenue Request: The following land use entitlements are requested to permit the development of a 25-unit small-lot single family residential project: reclassify the subject properties from the Transition (T) and General Commercial (C-G) zones to the RS- 4 (Single Family Residential) zone; a conditional use permit to allow a small-lot single-family residential development with modified development standards; and a tentative tract map to create a 25 lot single-family residential subdivision. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 32 (In-Fill Development Projects) Categorical Exemption. Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Amy Stonich astonich@anaheim.net 01/25/2016 Page 5 of 5 Adjourn to Monday, February 8, 2016 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. January 20, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 25, 2016 SUBJECT: CONDITIONAL USE PERMIT NO. 2015-05843 AND VARIANCE NO. 2016-05056 (DELETED) LOCATION: 1217 South Euclid Street (Wingstop) APPLICANT/PROPERTY OWNER: The applicant is Daniel Sonenshine with Far West Restaurant Group, LLC. The agent representing the applicant is Sheryl Brady with Permit Place and the property owner is David Ly. REQUEST: The applicant is requesting approval of a Conditional Use Permit to allow the on-premises sale and consumption of beer and wine at a new restaurant within a commercial center. A parking variance was advertised as part of this application but staff subsequently determined that it was unnecessary; therefore, that portion of the request has been deleted. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2015-05843. BACKGROUND: This 2.1-acre property is developed with a commercial retail center. The property is located in the "C-G" General Commercial zone and the General Plan designates the property for General Commercial land uses. Surrounding land uses include a retail center to the north across Ball Road, a medical office building to the south, single-family residences to the west and a retail center and apartments to the east across Euclid Street. PROPOSAL: The applicant proposes to sell beer and wine for on-site consumption within a new 2,364 square foot restaurant. The tenant space for the proposed use was formally occupied with a liquor store. Wingstop is a quick serve and casual restaurant that specializes in chicken wings. A full service menu would be available at all times and beer and wine would represent approximately two percent of the overall sales. The restaurant would be open seven days a week from 10:30 a.m. to midnight. The business would operate with an On-Sale Beer and Wine-Eating Place (Type 41) Alcoholic Beverage Control (ABC) license. CONDITIONAL USE PERMIT NO. 2015-05843 January 25, 2016 Page 2 of 3 FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. While restaurants are permitted by right in this zone, a conditional use permit is required to permit on-sale beer and wine in order to ensure compatibility with surrounding land uses. A determination of public convenience or necessity is not required for restaurants serving alcoholic beverages. The number of alcohol licenses allowed in each of the City’s census tracts is regulated by ABC and is based upon population. The restaurant is located within Census Tract No. 876.01, which has a population of 4,808 residents. This population allows for five on-sale licenses and presently there are no licenses within the tract. The project site is located within Police Reporting District No. 1921, which has a crime rate that is 113 percent above the city average. The crime rate within ¼ mile of this property has a crime rate that is 316 percent above the citywide average with calls for service during the past year consisting of 31 automotive burglaries, 47 simple assaults, 46 petty thefts and 39 reports of vandalism. Staff believes the sale of beer and wine would be compatible with the surrounding area because this is a predominantly commercial area consisting of other restaurant and retail uses such as dry cleaners, nail salons, massage facilities, a tax office, a Mexican restaurant and a take out pizza restaurant. Staff does not anticipate that the addition of the sales of beer and wine at this location would contribute to an increase in crime. The Police Department believes that the proposed use would have less potential to impact crime rate in the reporting district than the liquor store being replaced. Conditions of approval to help ensure that the business is operated in a responsible manner have been attached to the draft resolution. These conditions include a prohibition on any exterior advertising of alcoholic beverages and required ABC LEAD (Licensee Education on CONDITIONAL USE PERMIT NO. 2015-05843 January 25, 2016 Page 3 of 3 Alcohol and Drugs) training for employees. Staff conducted an inspection of the property and found it to be well maintained. There are no outstanding Code Enforcement violations associated with this tenant space. Based on these factors, staff believes that the proposed use would be compatible with the surrounding area and recommends approval of the conditional use permit. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. CONCLUSION: The proposed sale of beer and wine for on-premises consumption in conjunction with a full service restaurant is a compatible use with the multi-tenant shopping center and the surrounding area. The recommended conditions of approval would ensure that the sale beer and wine would not have an adverse impact on the surrounding land uses. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Request 3. Police Department Memorandum 4. Plans 5. Photographs RM-4APARTMENTS40 DU RM-4APTS6 DU RM-4APTS6 DU C-GMEDICALOFFICES C-GRETAIL C-GRETAIL C-GRETAIL C-GSHOPPING CENTER RM-4PALMILLA APARTMENTS169 DU RM-4APARTMENTS28 DU C-GMEDICAL OFFICE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE W BALL RD S E U C L I D S T W PALM LN W BOWLING ST W. BALL RD W. BROADWAY S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T W. CERRITOS AVE 1217 South Euclid Street DEV No. 2015-00124 Subject Property APN: 128-372-44128-372-43 °0 50 100 Feet Aerial Photo:May 2014 W BALL RD S E U C L I D S T W PALM LN W BOWLING ST W. BALL RD W. BROADWAY S . E U C L I D S T S . W A L N U T S T S . B R O O K H U R S T S T W. CERRITOS AVE 1217 South Euclid Street DEV No. 2015-00124 Subject Property APN: 128-372-44128-372-43 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05843 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00124) (1217 SOUTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05843 to permit the sales and consumption of beer and wine at a proposed new restaurant within a portion of an existing commercial retail center (the "Proposed Project"), and (ii) Variance No. 2015-05056 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code") for premises located at 1217 South Euclid Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Property is approximately 2.1 acres in size and is currently developed with a commercial retail center. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located within the "C-G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 25, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05843 and Variance No. 2015-05056, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05056 was not warranted. Accordingly, Variance No. 2015-05056 has been eliminated as a part of the petitioner's request and is not a part of the Proposed Project; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2016-*** WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2015- 05843, does find and determine the following: 1. The proposed restaurant with the sales and consumption of beer and wine is properly one for which a conditional use permit is authorized under 18.08.030.010. 2. The proposed conditional use permit to permit beer and wine within a restaurant, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the restaurant would be located within a small tenant space of an existing commercial retail center surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the restaurant in a manner not detrimental to the particular area or to the health and safety because the facility would be located within a commercial retail center that provides the Code required number of on-site parking spaces and is surrounded by other compatible commercial land uses. 4. The traffic generated by the restaurant with beer and wine will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding commercial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05843, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2015-05843 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05843 (DEV2015-00124) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1. Any graffiti painted or marked upon the business premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied or discovered by the business owner. Planning and Building Department, Code Enforcement Division 2. The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 3. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 4. Security measures shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct of employees and patrons, promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to the neighborhood by excessive noise created by patrons entering or leaving the business premisess. Police Department 5. Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Professions Code. (Section 4.16.070 Anaheim Municipal Code). Police Department 6. Petitioner shall not share any profits, or pay any percentage or commission to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders, or the sale of drinks. Police Department 7. There shall be no entertainment, amplified music or dancing permitted in, on or at the business premises at any time unless the proper permits have been obtained from the City of Anaheim. Police Department - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8. The number of persons occupying the premises shall not exceed the maximum occupancy load as determined by the Anaheim Fire Department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room. (Section 25.114(a) Uniform Fire Code). Police Department 9. Managers, owners, and wait staff need to call the Department of Alcoholic Beverage Control and Police Department obtain LEAD (Licensee Education on Alcohol and Drugs Program) Training. The contact number is 714-558-4101. Police Department 10. There shall be no admission fee, cover charge, or minimum purchase required of any patron of the business premises. Police Department 11. The subject alcoholic beverage license shall not be exchanged for a public premise (bar) type license nor shall the establishment be operated as a public premise, as defined in Section 23039 of the Business and Professions Code. Police Department 12. At all times when the restaurant is open for business, the business premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. Police Department 13. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings, shall be provided with enough lighting to illuminate and make clearly visible the presence of any person on or about the business premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. Police Department 14. The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the business premises over which they have control, as depicted on the plans submitted to and approved by the City. Police Department 15. The door(s) shall be kept closed at all times during the operation of the business premises except in cases of emergency. Said door(s) shall not consist of a screen or ventilated security door. Police Department 16. The petitioner(s) shall post and maintain a professional quality sign facing the business premises parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCOHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST Police Department - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The sign shall be at least two feet square with two-inch block lettering. The sign shall be in English and Spanish. 17. The sale of alcoholic beverages for consumption off the business premises shall be prohibited. Police Department 18. Petitioner(s) shall police the area under their control in an effort to prevent the loitering of persons about the business premises. Police Department GENERAL CONDITIONS OF APPROVAL 19. The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 20. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 21. The business premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 ATTACHMENT NO. 3 SOUTH EUCLID STREET W E S T B A L L R O A D ALLEY #. . 2 # 4 - + 0 ) 6 1 4 ' / # + 0 # 5 + 5 2 # 4 - + 0 ) 5 * 1 9 0 ( 1 4 4 ' ( ' 4 ' 0 % ' 1 0 . ; 1 8 ' 4 # . . 5 + 6 ' 2 . # 0 5 2 #%%'55+$.'5;/$1.2#4-+0)10.;8#0#%%'55+$.'#%%'55+$.'5+)08+%+0+6;/#2 5+6' A T T A C H M E N T N O . 4 A C C E S S I B L E A C C E S S I B L E A C C E S S I B L E A C C E S S I B L E A C C E S S I B L E N E W E L E C . P A N E L # 4 % * + 6 ' % 6 7 4 # . ( . 1 1 4 2 . # 0 9#...')'0&(.1142.#0.') 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ONMETAL SUSPENSIONSYSTEM SEE PLAN FORLOCATION.6" WOOD OR METALSTUDS @ 16" O.C.3-1/2" R-13 SOUND BATTINSULATION @ RESTROOMWALLSTYPETYPICAL SUBSTRATES FORINTERIOR WALL; SEEGENERAL NOTE #1 TYPICAL SUBSTRATES FORINTERIOR WALL; SEEGENERAL NOTE #1ACB1 HR. FIRE RATED DEMISING WALL 01675'& # COOLER 108 FREEZER 109 SEATING 102 SALES 104 ORDER 101 COOKING 105 HALLWAY103PREP106JANITOR107 MENS110WOMENS111NEW ELEC. PANEL38'-11 1/8" 5 8 ' - 4 3 / 8 " SEATING AREA:SEATING ANALYSIS:PROJECT DATA:OVERALL NET LEASE (USABLE) AREA:TOTAL OCCUPANT LOAD: 1,092 SQ. FT. @ 1/15 = 73 OCCUPANTS140 SQ. FT. (ACCESSORY USE, NOT APPLICABLE)2,272 SQ. FT. (NET USABLE SPACE)90 OCCUPANTS 84 TOTAL SEATS SALES, COOKING, PREP & JANITOR AREAS:COOLER / FREEZER AREA:829 SQ. FT. @ 1/200 (GROSS) = 5 OCCUPANTSORDER (STANDING) AREA:60 SQ. FT. @ 1/5 = 12 OCCUPANTSPASSAGE, MEN & WOMEN RESTROOM AREAS:208 SQ. FT. (ACCESSORY USE, NOT APPLICABLE) L A Y O U T N O T E S : - T W O E X I T S R E Q U I R E D G L # P 0 2 6 A N A H E I M , C A I S S U E D A T E : 0 8 / 0 7 / 2 0 1 5 R E V I S E D D A T E : 0 8 / 1 8 / 2 0 1 5 D R A W I N G N A M E P R O J E C T L O C A T I O N : S C H E M A T I C E Q U I P M E N T P L A N AT T A C H M E N T NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 25, 2016 SUBJECT: RECLASSIFICATION NO. 2015-00287 CONDITIONAL USE PERMIT NO. 2015-05829 VARIANCE NO. 2015-05050 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2016-00123 LOCATION: 2585 West La Palma Avenue APPLICANT/PROPERTY OWNER: The applicant is Joseph Karaki on behalf of Western States Engineering, Inc. and the property owner is Mirus, Inc. REQUEST: The applicant requests approval of the following land use entitlements: a reclassification to rezone the property from the Industrial (I) zone to the General Commercial (C-G) zone; a conditional use permit to permit the construction of a new service station and convenience market to include the sale of beer and wine for off- premises consumption; a variance to allow reduced front setbacks and less parking spaces than required by code; and an associated determination of public convenience or necessity to permit the sale of beer and wine for off-premises consumption in the convenience market. DISCUSSION: The applicant has submitted a request to continue this hearing to the February 8, 2016 Planning Commission meeting to allow additional time to revise the site plan in response to comments that were received from various City departments. RECOMMENDATION: Staff recommends that this hearing be continued to the February 8, 2016 Planning Commission meeting as requested by the applicant. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Lilley Planning Group Attachments: 1. Applicant’s Request for Continuance C-GSERVICESTATION C-GSERVICE STATION RM-4MAGNOLIA PLAZAAPARTMENTS84 DU C-GOFFICES C-GRESTAURANT IMEDICAL OFFICE IRETAIL IINDUSTRIAL IINDUSTRIAL C-GRESTAURANT C-GRETAIL IINDUSTRIAL IINDUSTRIAL W LA PALMA AVE N M A G N O L I A A V E W VIA PALMA W. LA PALMA AVE W. CRESCENT AVE N . M A G N O L I A A V E N . B R O O K H U R S T S T N . D A L E A V E . CRESCENT AVE 2585 West La Palma Avenue DEV No. 2015-00110 Subject Property APN: 071-521-12 °0 50 100 Feet Aerial Photo:May 2014 W LA PALMA AVE N M A G N O L I A A V E W VIA PALMA W. LA PALMA AVE W. CRESCENT AVE N . M A G N O L I A A V E N . B R O O K H U R S T S T N . D A L E A V E . CRESCENT AVE 2585 West La Palma Avenue DEV No. 2015-00110 Subject Property APN: 071-521-12 °0 50 100 Feet Aerial Photo:May 2014 Page 1 of 1 WESTERN STATES Engineering, Inc. 4887 E. La Palma Ave. Ste. 707 Anaheim, CA 92807 ► (714) 695-9300 (714) 693-1002 fax www.wsecinc.com January 19, 2016 To: City of Anaheim Planning Department 200 S Anaheim Blvd. Anaheim, CA 92805 Project: CUP2015-05829 (DEV2015-00110) New 76 gas station and 7-Eleven C-Store 2585 W La Palma Ave. Anaheim, CA 92801 This letter is to request a continuance of our Conditional Use Permit application (CUP2015-05829) to the Planning Commission Hearing scheduled for February 8th of 2016. In order to comply with the Planning Department requirements some plans and documents are still under review by the Department of Public Works. Once those clearances are done we hope to be scheduled on the requested date. If you have any questions, please contact our team work at 714-695-9300 Kind regards Joseph Karaki President ATTACHMENT NO. 1 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 25, 2016 SUBJECT: RECLASSIFICATION NO. 2015-00282 CONDITIONAL USE PERMIT NO. 2015-05815 VARIANCE NO. 2015-05046 (DELETED) TENTATIVE TRACT MAP NO. 17920 LOCATION: 2337-2415 South Manchester Avenue APPLICANT/PROPERTY OWNER: The applicant is Sandi Gottlieb representing The Olson Company and the owners are Ponderosa Anaheim Properties, LLC and the City of Anaheim. REQUEST: The applicant is requesting approval of the following land use entitlements: 1) A Reclassification, or rezoning, of the property from the “T (MHP)” Transition - Mobile Home Park Overlay and “C-G” (General Commercial) zones to the “RM-4” Multiple Family Residential zone; 2) A Conditional Use Permit to allow an attached single-family residential development with modified development standards; 3) A Variance to allow a six-foot high fence within the required front yard setback was advertised as part of this application, but staff subsequently determined that it was unnecessary; therefore, that portion of the request has been deleted; and 4) A Tentative Tract Map to create a one lot, 120-unit residential subdivision for condominium purposes. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolutions, determining that a Mitigated Negative Declaration is the appropriate environmental documentation for this request along with Mitigation Monitoring Plan No. 327, and approving Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, and Tentative Tract Map No. 17920. RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 2 of 8 BACKGROUND: This 5.5-acre site is located in the “T” , “C-G”, and “MHP” Overlay zones and is developed with a recreational vehicle park that includes 144 spaces, an office building, laundry facilities and a pool. A 0.6-acre portion of the project site is vacant and is owned by the City of Anaheim’s Successor Agency. Although located in the MHP Overlay zone, there are no mobile homes on site. The site is designated for Medium Density Residential land uses by the General Plan. Surrounding uses include a cemetery to the north, a mobile home park to the west, townhomes and single-family residences to the south and the I-5 Freeway to the east. On November 17, 2014, a tentative parcel map to divide the recreational vehicle park from the adjacent mobile home park was approved by the Planning Commission. No development was requested at that time, but several residents of the recreational vehicle park were opposed to the request based on concerns that they would need to relocate. On August 10, 2015, the Planning Commission approved a request to “pre-zone” an approximately 395 square foot area located at the southwest corner of the project site in the City of Orange to facilitate a boundary reorganization that would detach the property from the City of Orange and annex the property into the City of Anaheim. State law permits a city to pre-zone property adjoining the city for the purpose of determining zoning that will apply to the property in the event of subsequent annexation to the city. Pre-zoning becomes effective at the same time that the annexation becomes finalized by the Local Agency Formation Commission (LAFCO). LAFCO review and approval would involve the following: • The detachment of approximately 395 square feet from the City of Orange and the Municipal Water District of Orange County (MWDOC); • Annexation of the same territory to the City of Anaheim; and • Concurrent amendments to each agencies’ sphere of influence. PROPOSAL: The applicant proposes to construct 120 single-family attached townhomes. The residential buildings would be 3-stories (40 feet) in height. The units would be two to three bedrooms and range in size from 1,312 to 1,768 square feet. As depicted in the rendering below, the units are designed with a Spanish architectural style. The buildings would be enhanced with tile roofs, stucco finishes, wrought iron railings, decorative entry doors and light fixtures, decorative stucco medallions, bay windows and French patio doors. RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 3 of 8 Access to the development would be provided by a gated driveway along Manchester Avenue, which runs parallel to the site’s eastern boundary. The driveway would be split by a landscaped island with project signage, creating separate lanes for ingress and egress. A 24 to 28-foot wide private drive would loop through the project providing vehicular access to the private garages and surface parking for residents and guests. The private drive would include a 20-foot easement to allow for emergency and sanitation vehicle access. Pedestrian access paths are provided throughout the project. A total of 314 parking spaces are required for this project and 316 spaces are proposed. The parking spaces would consist of 240 garage spaces, 142 of which are tandem, and 76 surface spaces adjacent to the driveways and common guest parking areas. The project would also provide 32,560 square feet of common recreational leisure area. Amenities that would be provided to the new residents include a pool area with a recreation building, a bocce ball court, an outdoor fireplace with seating area, landscaped paseos, a passive garden, pet area and several open courtyards. In addition, 6,605 square feet of code compliant private recreational leisure area would be provided with patios and balconies for all of the units. The Code requires a combined total of 24,000 square feet of common and private recreational-leisure area and 39,165 square feet is being provided. A detailed development summary is included as Attachment No. 1 to this report. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested action: Reclassification: This property is located in the “T”, “C-G”, and “MHP” Overlay zones. A reclassification, or rezoning, to the RM-4 zone is being requested in order to develop attached, single-family homes. The intent of the RM-4 Zone is to promote the development of apartment and condominium development in an attractive environment. The density of the proposed RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 4 of 8 project is consistent with and would implement the property’s Medium Density Residential General Plan land use designation. The density of the proposed project is 21.8 units to the acre and the Medium Density Residential land use designation allows up to 36 units per acre. As described below, the proposed reclassification supports several General Plan policies intended to provide a variety of quality housing opportunities to address the City’s diverse housing needs; therefore, staff recommends approval of the reclassification request. The Land Use Element of the General Plan provides the following goals which would be supported by the development of this project: o Goal 1.1: Preserve and enhance the quality and character of Anaheim’s mosaic of unique neighborhoods. o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 3.2: Maximize development opportunities along transportation routes. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Conditional Use Permit: The Zoning Code requires a conditional use permit to allow a residential planned unit development for single-family attached dwellings in the RM-4 zone. In this zone, development standards, including setback and building separation requirements, may be modified as part of a conditional use permit when it is determined that the modifications serve to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Before the Planning Commission may approve the conditional use permit for a planned unit development, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The uses within the project are compatible; 2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; 3) Vehicular and pedestrian access are adequate; 4) The project is consistent with applicable design guidelines adopted by the City; RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 5 of 8 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The project complies with all development standards of the RM-4 Zone with the exception of certain setback requirements. The applicant is requesting to modify the street setbacks adjacent to Manchester Avenue, interior setbacks, and minimum setbacks between buildings. Setbacks for projects in the RM-4 may be modified in connection with a conditional use permit when it is determined that the modifications promote increased pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The project would be developed with the following setback ranges: Setback Area Required Setbacks Proposed Structural Setbacks Adjacent Land Use Manchester Avenue 20 feet 2-3 feet to the fence; 10-30 feet to the building I-5 Freeway Interior property line to the north 20 feet 13-19 feet Cemetery Interior property line to the west 20 feet 12-95 feet Mobile Home Park Interior property line to the south 20 feet 10-30 feet Townhomes (City of Orange) Between buildings 12-38 feet 40 feet N/A This project includes proposed modifications to the following development standards: Street Setbacks Adjacent to Manchester Avenue: The applicant is requesting 2 to 30 foot wide structural setback where a 20-foot wide setback would typically be required adjacent to Manchester Avenue. In order to provide security and privacy to the future residents, the applicant is requesting to construct a 6-foot high fence within this front yard setback area. The fence is designed with a stucco wall base and decorative wrought iron panels above. A two to three foot landscaped planter between the fence and the property line would also be provided. The upper wrought iron portion of the fence would provide visibility into the development from Manchester Avenue. An existing five foot high block wall at this location would be removed. The intent of the required 20-foot wide setback on Manchester Avenue is to ensure that adequate separation and landscaping is provided adjacent to the street. Staff RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 6 of 8 believes that the request for a modification to the front setback requirement is justified since the buildings front onto Manchester Avenue and include attractive façade treatments such as decorative front porches and main entrances. In addition, the curvature of the road at this location minimizes the visual impacts of the reduced setbacks. This project would provide a design that is consistent with other successful condominium projects that have recently been constructed with a similar front setback; this includes the Domain projects on South Anaheim Boulevard and the Colony Park development at the southeast intersection of Olive Street and Santa Ana Street. Interior Setbacks: The applicant is requesting 10 to 95 foot wide building setbacks where a 20-foot wide setback would typically be required adjacent to the northern, southern and western property lines. Five of the ten buildings adjacent to the interior property lines do not comply with the Code. The intent of the 20-foot setback along the interior property lines is to ensure that adequate separation and landscaping is provided between adjacent uses. A mobile home park borders the property on the west and there is a 30-foot wide private road that separates the majority of the project from the nearest mobile homes. The southern portion of the property is adjacent to an existing two-story condominium development which has similar setbacks as the proposed project. The properties to the north of the site are developed with commercial uses and a cemetery. In order to minimize visual impacts of this project upon the adjacent properties, the applicant is proposing common open space areas and enhanced landscaping along the property lines consisting of densely planted trees. Staff believes that the proposed 10-foot setback is appropriate and compatible with the adjacent land uses. Building to Building Setbacks: The Zoning Code requires a 40-foot separation between three-story buildings with parallel walls that are designated as “primary” walls. Primary walls are building walls that contain an entrance and/or windows opening into living areas. The setbacks required between the buildings are intended to ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The project would have 12 to 30 foot wide paseos between the buildings and 24 to 32 foot wide driveways between the other buildings. These paseos would reduce the massing of the buildings. Staff believes that the modified separations between buildings are justified because the modifications would allow for the efficient layout of buildings on the property and provide greater usable common recreation-leisure areas in the project than could be provided if the separations between buildings were required. These common space areas increase the viability of the project and promote community interaction. The elevations facing the courtyards are enhanced with patios and balconies and are highly articulated with quality design features. For these reasons, staff recommends approval of the building-to- building setback modification request. Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 7 of 8 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Medium Density Residential" land use designation. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17920, including their design and improvements, is consistent with the zoning and development standards of the proposed "RM-4" Multiple-Family Residential Zone being proposed in conjunction with Reclassification No. 2015-00279. 3) That the site is physically suitable for the type and density of the proposed project. 4) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17920, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17920 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17920, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. A tentative tract map is required to create a one-lot, airspace subdivision for individual ownership of the units. All common areas, including driveways, recreational areas, paseos and sidewalks would be owned and maintained by the homeowner’s association. The proposed density of 21.8 dwelling units per acre is permitted under the Medium Density Residential land use designation which allows up to 36 dwelling units per acre. The tract map complies with all applicable regulations and is consistent with the density allowed under the Medium Density Residential General Plan designation. In addition, the project is not likely to cause substantial environmental damage and will not conflict with easements acquired by the public. Therefore, staff recommends approval of the tentative tract map request. Community Outreach: The applicant has been proactive regarding neighborhood outreach for this project. Several meetings have taken place with members of the community who have been staying at the recreational vehicle park for an extended period of time. A letter of opposition and was submitted by a community meeting attendant indicating that several families have made the Ponderosa RV Park a permanent residence and that relocating would be difficult for many of them. The letter is included as Attachment No. 11 to this report. Staff attended two community meetings and has met with the owner of the Ponderosa RV Park. The owner has expressed a willingness to assist in the relocation of these residents even though relocation assistance is not typically required by State law for recreational vehicle park tenants. RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 January 25, 2016 Page 8 of 8 Environmental Impact Analysis: An Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impacts of the project and to identify necessary mitigation. The IS/MND was posted at the County Clerk and circulated to public agencies and interested parties on December 31, 2015 for a 20-day comment period. Comments were received from the South Coast Air Quality Management District (SCAQMD), The Airport Land Use Commission (ALUC), the Olson Company and the Orange County Transportation Authority (OCTA). These comment letters are included as Attachment No. 12. Mitigation measures have been identified in the IS/MND and are included in the draft resolutions and Mitigation Monitoring Plan No. 327 attached to this report. With implementation of these measures, project impacts will be reduced to a level considered less than significant and the IS/MND concluded that there are no remaining potentially significant adverse impacts related to the project. CONCLUSION: Staff has carefully considered and reviewed this proposal and believes the proposed project is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses. In addition, the proposed project meets the goal to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Staff recommends approval of the proposed request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Contract Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Development Summary 2. Draft Mitigated Negative Declaration Resolution 3. Draft Reclassification Resolution 4. Draft Conditional Use Permit and Variance Resolution 5. Draft Tentative Tract Map Resolution 6. Initial Study and Mitigated Negative Declaration is available at: http://www.anaheim.net/DocumentCenter/View/10452 7. Mitigation Monitoring Program No. 327 8. Applicant’s Letter of Request 9. Site Photographs 10. Complete Plan Set 11. Neighbors’ Letters of Opposition 12. Comment Letters for IS/MND TMELROSE ABBYCEMETERY C-GRETAIL T (MHP)PONDEROSA MOBILE ESTATES 5 FREEWAY S M A N C H EST E R A V E E. KATELLA AVE S . H A S T E R S T E. ORANGEWOOD AVE S . H A R B O R B L V D E. CHAPMAN AVE E. GENE AUTRY WAY W.KATELLAAVE 2415 South Manchester Avenue DEV No. 2015-00071 Subject Property APN: 137-451-35137-451-36 °0 50 100 Feet Aerial Photo:May 2014 5 FREEWAY S M A N C H EST E R A V E E. KATELLA AVE S . H A S T E R S T E. ORANGEWOOD AVE S . H A R B O R B L V D E. CHAPMAN AVE E. GENE AUTRY WAY W.KATELLAAVE 2415 South Manchester Avenue DEV No. 2015-00071 Subject Property APN: 137-451-35137-451-36 °0 50 100 Feet Aerial Photo:May 2014 ATTACHMENT NO. 1 DEVELOPMENT SUMMARY Development Standard Proposed Project RM-4 Zone Standards Site Area 5.5 acres --- Density 21.8 du/ac (1,997 square feet per unit) 36 du/ac min. (1,200 square feet per unit min.) Floor Area 1,312 to 1,768 square feet 550 – 1,000 sq. ft. minimum Street Setback 10-30 feet 20 feet* Interior Property Lines Setback 10-95 feet 20 feet* Setbacks Between Buildings 12-38 feet 40 feet* Building Height 40 feet 40 feet Parking 316 spaces 314 spaces Recreation-Leisure Area 39,165 square feet 24,000 square feet* *May be modified by CUP [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION APPROVING AND ADOPTING A MITIGATED NEGATIVE DECLARATION FOR PROPOSED RECLASSIFICATION NO. 2015-00282, CONDITIONAL USE PERMIT NO. 2015-05815, AND TENTATIVE TRACT MAP NO. 17920 (DEV2015-00071) (2337-2415 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, Variance No. 2015-05046 and Tentative Tract Map No. 17920 for certain real property commonly known as 2337-2415 South Manchester Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), for the purpose of allowing the applicant to construct 120 single-family, attached condominium units (the "Project"); and WHEREAS, the Property is approximately 5.5 acres in size. A portion of the Property is located in the "T" Transition Zone and the balance of the Property is located in the "C-G" General Commercial Zone. The Property is also located within the Mobile Home Park (MHP) Overlay Zone meaning that the regulations contained in Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and, where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone or the "C-G" General Commercial Zone, as the case may be. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential” uses; and WHEREAS, Reclassification No. 2015-00282 proposes to establish the “RM-4” Multiple-Family Residential Zone on the Property, which will define the allowable land uses and property development standards for the Property in accordance with Chapter 18.06 (Multiple- Family Residential Zone) of Title 18 (Zoning) of the Code; and WHEREAS, all residential planned unit developments within the “RM-4” Multiple- Family Residential Zone are subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development); and WHEREAS, pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the setbacks may be determined by conditional use permit. If approved, Conditional Use Permit No. 2015-05815 will modify the minimum setback requirements along the interior property lines, street setbacks along Manchester Avenue and the setbacks between buildings; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been eliminated as a part of the petitioner's request and is not a part of the Project; and - 2 - PC2016-*** WHEREAS, Tentative Tract Map No. 17920 proposes to permit the construction of the Project in accordance with the design and improvements of the subdivision, as shown on proposed Tentative Tract Map No. 17920; and WHEREAS, Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, Variance No. 2015-05046 and Tentative Tract Map No. 17920 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on December 31, 2015 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor at 200 S. Anaheim Blvd., Anaheim, California. Copies of said document are also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 327"). A complete copy of MMP No. 327 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 25, 2016, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and - 3 - PC2016-*** WHEREAS, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 327 and the comments received to date and the responses prepared, staff finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to this Resolution and contained in MMP No. 327; and WHEREAS, the Planning Commission, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence received concerning the Mitigated Negative Declaration, does find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 327, serves as the appropriate environmental documentation for the Proposed Project; 2. That the Planning Commission has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; and 3. Based upon the record before it (including the Initial Study and any comments received), the Planning Commission finds that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 327 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission and the City of Anaheim. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby approve the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) and finds and determines as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual and, together with MMP No. 327, serves as the appropriate environmental documentation for the Proposed Project; 2. Based upon the record before it (including the Initial Study and any comments received), that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 327 and - 4 - PC2016-*** that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; 3. That the Mitigated Negative Declaration and MMP No. 327 are hereby approved and adopted; and 4. Authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** 6 EXHIBIT “B” OLSON MANCHESTER TOWNHOME PROJECT MITIGATION MONITORING PLAN NO. 327 Terms and Definitions: 1. Property Owner/Developer – Owner or developer of Olson Manchester Townhome Project. 2. Environmental Equivalent/Timing – Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit – For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. 7. MM – Mitigation Measure 8. SC – Standard Condition 9. PDF – Project Design Feature 7 MITIGATION MONITORING PLAN N0. 327 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION III. AIR QUALITY MM-AQ-1 Prior to the submittal for building permit (to be included in working drawings); review of CC&R’s prior to recordation The Project Applicant shall install a positive static pressure forced air HVAC system into all residential units. Each HVAC system shall be required to install a high-efficiency MERV filter of MERV 13 or better in the air intake for the HVAC system, and the air intake shall be installed with a fan designed to force air through the MERV 13 filter and to create positive static pressure. In order to ensure that the HVAC systems with the MERV 13 (or better) filters are properly maintained, an annual service of each HVAC system (limited to HVAC tune-up and filter cleaning or replacement) shall be offered to each tenant and paid for by the Home Owners Association (HOA). This mitigation shall be codified in the Covenants, Conditions, and Restrictions (CC&Rs) of the HOA. Planning and Building Department IV. BIOLOGICAL RESOURCES MM-BIO-1 Prior to the issuance of a demolition permit and grading permit The Property Owner/Developer shall ensure that vegetation removal shall not be conducted during the nesting bird/raptor season (March 15 to September 15 for nesting birds; February 1 to June 30 for nesting raptors), to the extent practicable. If construction or vegetation removal would occur between February 1 and September 15, the Property Owner/Developer shall conduct a pre-construction survey for active bird/raptor nests within three days prior to commencement of construction activities/vegetation removal. Should an active nest be identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by a qualified Biologist. The size of the protective buffer will be determined by the Biologist based on the location of the nest, the type of construction activities, the existing human activity in the vicinity of the nest, and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed in the buffer zone. Planning and Building Department 8 V. CULTURAL RESOURCES MM-CR-1 Prior to the issuance of a grading permit Prior to approval of each grading plan, the Property Owner/Developer shall submit a letter to the Planning and Building Department, Planning Division, which identifies the certified Archaeologist who has been hired to ensure that the following actions are implemented: a. The Archaeologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological monitor shall determine appropriate actions in cooperation with the Property Owner/Developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified Archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the Archaeologist shall notify the City as to when the final report will be submitted. Planning and Building Department VI. GEOLOGY AND SOILS MM-GEO-1 Prior to the issuance of a building permit Prior to issuance of each building permit, the Property Owner/Developer shall submit plans showing that the proposed structures have been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. Planning and Building Department MM-GEO-2 Prior to issuance of grading permit Prior to approval of each grading plan, the Property Owner/Developer shall submit to the City Engineer for review and approval a soils and geological report for the area to be graded. This report shall be based on proposed grading and prepared by an Engineering Geologist and Geotechnical Engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. Public Works Department MM-GEO-3 Prior to the issuance of a building permit Prior to issuance of each building permit, the Property Owner/Developer shall submit for review and approval detailed foundation design information for the subject building(s). This information shall be prepared by a Civil Engineer and based on recommendations by a Geotechnical Engineer. Planning and Building Department 9 VIII. HAZARDS AND HAZARDOUS MATERIALS MM-HAZ-1 During demolition, site preparation and/or construction In the event that hazardous waste, including asbestos, is discovered during project demolition, site preparation and/or project construction, the Property Owner/Developer shall ensure that the identified hazardous waste and/or hazardous material(s) are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the, Title 30, Chapter 22. Planning and Building Department MM-HAZ-2 Prior to the issuance of a demolition permit and grading permit Prior to approval of the first grading plan or demolition permit, the Property Owner/Developer shall submit a plan for review and approval to the Environmental Protection Section of the Fire Department, which details procedures that will be taken if a previously unknown UST, other unknown hazardous material, or waste is discovered on site. Fire Department IX. HYDROLOGY AND WATER QUALITY MM-WQ-1 Prior to the issuance of a grading permit Prior to the initiation of grading, and throughout the duration of project construction, the applicant shall submit to the Public Works Department, Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Public Works Department MM-WQ-2 Prior to the issuance of a grading permit Prior to approval of grading plans; and, during clearing, the Property Owner/Developer shall obtain coverage under the NPDES Statewide Industrial Storm Water Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the City Engineer. Public Works Department MM-WQ-3 During all grading and construction activities During project operations, the Property Owner/Developer shall provide for the following to the satisfaction of the Public Works Director or their designee: cleaning of all paved areas not maintained by the City of Anaheim at all times, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and the flushing of debris and sediment down the storm drains shall be prohibited. Public Works Department 10 MM-WQ-4 Prior to final building and zoning inspection Prior to each final building and zoning inspection, the Property Owner/Developer shall submit a letter to the City Engineer from a licensed Landscape Architect to the City, certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning and Building Department MM-WQ-5 Prior to final building and zoning inspection Prior to final building and zoning inspection, the Property Owner/Developer shall install separate irrigation meters. Evidence of compliance shall be submitted to the City Engineer Planning and Building Department MM-WQ-6 Prior to issuance of grading permit Prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Finish floor elevation shall be one foot above sump condition at 100 year storm event. Public Works Department and Planning and Building Department 11 MM-WQ-7 Prior to issuance of grading permit Prior to any issuance of any demolition permit that disturbs soil, rough grading permit coverage under the State’s General Construction Permit shall be obtained and an Erosion and Sediment Control Plan shall be approved by the City. Public Works Department SC-WQ-1 Prior to issuance of grading permit Construction General Permit Notice of Intent (NOI). This project will result in soil disturbance of one or more acres of land that has not been addressed by an underlying subdivision map. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request Public Works Department XII. NOISE MM-N-1 During all grading and construction activities The Property Owner/Developer shall ensure that all construction and grading equipment is properly maintained throughout construction. All vehicles and compressors shall use exhaust mufflers, and engine enclosure covers, as designed by the manufacturer, shall be in place at all times. Planning and Building Department SC-N-1 Prior to issuance of grading and building permits Prior to issuance of each grading and building permit, the Property Owner/Developer shall place a note on the grading and construction plans stating that the Construction Contractor shall limit the performance of all construction related activities that would result in high noise levels to between the hours of 7:00 AM and 7:00 PM as approved by the City. Planning and Building Department PDF-N-1 Prior to the submittal for building permit (to be included in working drawings) Roof ceiling construction will be roofing on plywood. Batt insulation will be installed in joist spaces. The ceilings will be one layer of gypboard. All exterior walls will be 2-inch by 4-inch studs, 16-inch on center with batt insulation in the stud spaces. Exteriors will be exterior plaster or stucco. The interiors will be gypboard. Planning and Building Department 12 PDF-N-2 Prior to the submittal for building permit (to be included in working drawings) All eastern facing windows and glass doors on the second and third floors of Buildings 9, 10, 11, 12, and 13 shall be glazed with STC 29 glazing. All eastern facing units in Buildings 9, 10, 11, 12, and 13 shall be provided with air conditioning or forced-air ventilation in compliance with the Uniform Building Code. Planning and Building Department XIII. PALEONTOLOGICAL RESOURCES MM-PALEO-1 Prior to issuance of grading permit Prior to approval of each grading plan, the Property Owner/Developer shall submit a letter to the Planning Department, Planning Division, and Building Division identifying the certified Paleontologist that has been hired to ensure that the following actions are implemented: a. The Paleontologist must be present at the pre-grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological monitor shall determine appropriate actions in cooperation with the Property Owner/Developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified Paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the Paleontologist shall notify the City as to when the final report will be submitted. Planning and Building Department 13 XV. PUBLIC SERVICES SC-PS-1 Prior to issuance of building permits Prior to issuance of a building permit, the Property Owner/Developer shall coordinate with APD to ensure that all public safety recommendations will be implemented as part of the project. Planning and Building Department SC-PS-2 Prior to issuance of building permits Prior to issuance of each building permit, the Property Owner/Developer shall provide proof of compliance with California Government Code Section 53080 (schools) to the Building Division of the Planning Department Planning and Building Department SC-PS-3 Prior to issuance of building permits In accordance with Chapter 17.34 of the City of Anaheim Municipal Code, prior to the issuance of each building permit, the Property Owner/Developer shall pay the most current park dwelling fee and/or other negotiated park fees to the City. All money collected as fees imposed by Chapter 17.34 shall be deposited in the park dwelling fund and used for the acquisition, development, and improvement of public parks and recreational facilities in the City. The Community Development Department shall confirm compliance with this requirement prior to issuance of a building permit. Planning and Building Department [DRAFT] ATTACHMENT NO. 3 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING RECLASSIFICATION NO. 2015-00282 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00071) (2337-2415 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to rezone or reclassify that certain real property located at 2337-2415 South Manchester Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") from the "T" Transition Zone, the “C-G” General Commercial Zone and the Mobile Home Park (MHP) Overlay Zone to the "RM-4" Multiple-Family Residential Zone, which reclassification is designated as "Reclassification No. 2015- 00282" for the purpose of allowing the applicant to construct a 120-unit attached, single-family residential project (herein referred to as the “Project”). Reclassification No. 2015-00282 is proposed in conjunction with Conditional Use Permit No. 2015-05815, Variance No. 2015- 05046, and Tentative Tract Map No. 17920, now pending, which, together with the Project, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been eliminated as a part of the petitioner's request and is not a part of the Proposed Project; and WHEREAS, the Property is approximately 5.5 acres in size and is located in the "T" Transition and “C-G” General Commercial Zones. The Property is also located within the Mobile Home Park (MHP) Overlay Zone meaning that the regulations contained in Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and, where inconsistent therewith, shall supersede any regulations of the "T" Transition or the "C-G" General Commercial Zone, as the case may be. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential” uses; and WHEREAS, Reclassification No. 2015-00282 proposes to apply the zoning and development standards of the "RM-4" Multiple-Family Residential Zone to the Property; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 2 - PC2016-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 327") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 25, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 327, and approved and adopted the Mitigated Negative Declaration and MMP No. 327; and WHEREAS, the Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property from the "T" Transition Zone, the "C-G" General Commerical Zone and the Mobile Home Park (MHP) Overlay Zone to the "RM-4" Single-Family Residential Zone is consistent with the Medium Density Residential land use designation for the Property; 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the Property and is compatible with the surrounding residential uses. 3. The proposed reclassification of the Property does properly relate to the zone and permitted uses established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 3 - PC2016-*** NOW, THEREFORE, BE IT RESOLVED that, on the basis of the above findings and determinations, this Planning Commission does hereby approve Reclassification No. 2015-00282 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RM-4" Multiple-Family Residential Zone and recommends that the City Council adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00282. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** [DRAFT] ATTACHMENT NO. 4 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05815 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00071) (2337-2415 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05815 to permit the construction of a 120-unit attached, single-family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements of the "RM-4" Multiple-Family Residential Zone, and (ii) Variance No. 2015-05046 to allow a six-foot high fence within the front setback instead of a three-foot high fence, as required under Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) of the Anaheim Municipal Code (the "Code"), for that certain real property located at 2337-2415 South Manchester Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2015-05815 and Variance No. 2015-05046 are proposed in conjunction with a request (i) to rezone or reclassify the Property from the "T" Transition, “C-G” General Commercial and Mobile Home Park (MHP) Overlay Zones to the "RM-4" Multiple-Family Residential Zone, which reclassification is designated as "Reclassification No. 2015-00282", and (ii) for approval of a tentative tract map to permit a 120- lot single-family, attached residential subdivision of the Property, which is designated as "Tentative Tract Map No. 17920". Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815, Variance No. 2015-05046, Tentative Tract Map No. 17920, and the Project shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, all development within the "RM-4" Multiple-Family Residential Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code. Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.06.090 (Structural Setbacks) may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2015-05815 will permit the reduction in the street setbacks and setbacks between buildings requirements of the "RM-4" Multiple-Family Residential Zone for the Property; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been eliminated as a part of the petitioner's request and is not a part of the Proposed Project; and WHEREAS, the Property is approximately 5.5 acres in size. A portion of the Property is located in the "T" Transition Zone and the balance of the Property is located in the "C-G" General Commercial Zone. The Property is also located within the Mobile Home Park (MHP) - 2 - PC2016-*** Overlay Zone meaning that the regulations contained in Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and, where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone or the "C-G" General Commercial Zone, as the case may be. The Property is designated on the Land Use Element of the General Plan for “Medium Density Residential” uses; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 327") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January, 25, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 327, and approved and adopted the Mitigated Negative Declaration and MMP No. 327; and WHEREAS, pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit Development), this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2015-05815: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code; 3. Vehicular and pedestrian access are adequate; - 3 - PC2016-*** 4. The Project is consistent with any adopted design guidelines applicable to the Property; 5. The size and shape of the site proposed for the proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. The traffic generated by the proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7. The impact upon the surrounding area has been mitigated to the maximum extent practicable; 8. The Project complies with the General Plan; 9. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17920, including its design and improvements, will, upon approval thereof, comply with the Subdivision Map Act; and 10. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve and adopt Conditional Use Permit No. 2015-05815, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-4" Multiple-Family Residential Zone under Reclassification No. 2015-00282, and (2) the adoption by this Planning Commission of a resolution approving Tentative Tract Map No. 17920, all of which entitlements are now pending; (3) the mitigation measures set forth in MMP No. 327, and (4) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 4 - PC2016-*** BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2016-*** - 7 - PC2016-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05815 (DEV2015-00071) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The applicant shall submit to the Public Works Department, Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs Public Works, Development Services 2 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement for any storm drains connecting to a City storm drain is required to be executed by the property owner, approved by the City and recorded in the Office of the Orange County Recorder. Public Works, Development Services 3 Prior to final grading approval, the developer shall obtain and record a drainage acceptance letter signed by the adjacent legal property owner, the mobile home park at 2300 Lewis Street, for acceptance of flow. Public Works, Development Services 4 That the developer shall submit a set of improvement plans for Public Utilities Department review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering 5 Prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such Public Works, Development Services - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Finish floor elevation shall be one foot above sump condition at 100 year storm event. 6 Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. Public Works, Development Services PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 7 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad (ii) a twenty (20) foot wide easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. Public Utilities, Water Engineering 8 The developer/owner shall submit to the Public Utilities Department, Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 9 The owner shall submit s set of improvement plans for review and approval in determining the conditions necessary for providing water service to the project. Public Utilities, Water Engineering - 9 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering 11 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. Public Utilities, Water Engineering 12 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the project and the City easement deeds. Public Utilities, Water Engineering 13 A minimum of two connections to public water mains and water looping inside the project are required. Public Utilities, Water Engineering 14 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: - 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals, and any buildings, footings, and walls - 5-feet minimum separation from all other utilities, including storm drains, gas, and electric - 6-feet minimum separation from curb face Public Utilities, Water Engineering 15 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities, Water Engineering 16 No public water mains or laterals shall be allowed under parking stalls or parking lots. Public Utilities, Water Engineering 17 A private water system with separate water service for fire protection and domestic water shall be provided. Public Utilities, Water Engineering PRIOR TO THE ISSUANCE OF BUILDING PERMITS 18 Excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works, Development Services - 10 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities, Water Engineering 20 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 21 This is a project with a landscaping area exceeding 2,500 square feet, a Landscape Documentation Package and a Certification of Completion are required and a separate irrigation meter shall be installed in compliance with Chapter I 0.19 of Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. Public Utilities, Water Engineering 22 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 23 Water improvement plans and approved design shall be submitted. The legal property owner shall post a security to complete the required improvements. The improvements shall be completed prior to Final Building and Zoning Inspections. Public Utilities, Water Engineering 24 The property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 25 The legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 26 The legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 27 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Public Works, Development Services - 11 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Department of Public Works and the Orange County Surveyor for technical review and that all the applicable conditions of approval have been complied with and then shall be filed in the office of the Orange County Recorder. 28 The LAFCO boundary reconfiguration shall be approved and recorded prior to approval of the final tract map. Public Works, Development Services 29 Prior to issuance of the first building permit, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works, Development Services 30 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private streets, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Manchester Ave, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. Public Works, Development Services 31 That prior to final map approval, street improvement plans shall be submitted for improvements along the frontage of Manchester Avenue. Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public streets. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works, Traffic Division 32 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement in Manchester Avenue for road, public, utilities and other public purposes. The width of the easement shall include the existing road improvements and terminate at 10 feet back of the existing curb in the west side of the existing road. The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works, Traffic Division - 12 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 33 Sewer collection services for the Project shall be provided either: (1) by the City of Orange under the terms and conditions of an Out-of-Area Sewer Service Agreement mutually agreeable to the legislative bodies of the City of Orange and the City of Anaheim; or, in the absence of such an agreement, (2) in conformance with all applicable local, state and federal, statutes, ordinances, regulations, resolutions, policies, standard plans, permits or other requirements of the City of Anaheim. If an Out-of-Area Sewer Service Agreement is approved by the legislative bodies of the two cities, the applicant shall: (a) Apply to the City of Orange for sewer service for the Project in compliance with the terms and provisions of the Out-of-Area Sewer Service Agreement, including, but not limited, to the preparation and submittal of construction plans for the connection of the sewer system improvements servicing the Project to the sewer system of the City of Orange in compliance with all applicable local, state and federal, statutes, ordinances, regulations, resolutions, policies, standard plans, permits or other requirements of the City of Orange; and (b) Secure from the City of Orange all permits and approvals deemed necessary and appropriate by the City of Orange for connection of the sewer system improvements servicing the Project to the sewer system of the City of Orange; and (c) Pay any and all fees and charges related thereto, including City of Orange sewer installation charges. Public Works, Development Services 34 Prior to issuance of building permit, a private sewer easement shall be granted through adjacent property in favor of Lot No. 1 for sewer connections to City of Orange. Public Works, Development Services 35 That prior to the issuance of a building permit, a Stop Sign, Stop Bar, and Stop Legend shall be installed on the eastbound approach of the Project Driveway at Manchester Avenue prior per the latest versions of Engineering Standard Details 434 and 435. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic Engineering 36 Plans shall show stop signs on the private drive and a stop legend painted on the drive aisles per the latest versions of Engineering Standard Details 434 and 435. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works, Traffic Engineering - 13 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 37 Prior to the issuance of building permits for Lot 10, Street Improvement Plans for the required Line of Sight Mitigation Measure (re-stripe of Manchester Ave) shall be submitted to both the City of Anaheim and City of Orange for review and approval. Said improvements shall be completed at the applicant’s expense. Public Works, Traffic Engineering 38 Prior to the issuance of building permits for Lot 10, the improvements associated with the Street Improvement plans for the required Line of Sight Mitigation Measure (re-stripe of Manchester Avenue) shall be implemented, completed, and signed off by the Public Works Inspector. Public Works, Traffic Engineering PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 39 Address numbers shall be positioned so as to be readily readable from the street. Numbers shall be visible during hours of darkness. Police Department 40 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for reiterate building permits. Public Works, Traffic Engineering 41 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Development Services 42 The required public improvements shall be installed prior to final zoning and building inspection Public Works, Development Services 43 All required WQMP items shall be inspected and operational. Public Works, Development Services 44 All required public street, landscaping, irrigation, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works, Development Services ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 45 Any Graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Police Department - 14 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 46 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. Public Works Department, Streets and Sanitation Division GENERAL 47 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division 48 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department, Planning Services Division 49 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department, Planning Services Division 50 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department, Planning Services Division [DRAFT] ATTACHMENT NO. 5 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17920 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00071) (2337-2415 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the “Planning Commission”) did receive a verified petition for the approval of Tentative Tract Map No. 17920 to construct 120 single-family, attached condominium units (the "Project") on certain real property located at 2337-2415 South Manchester Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 5.5 acres in size and is located in the "T" Transition Zone, which is a zone under the Zoning Code that includes "land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in [the Zoning Code] for whatever reason, including recent annexation." The Property is also located within the Mobile Home Park (MHP) Overlay Zone, meaning that the regulations contained in Chapter 18.26 (Mobile Home Park (MHP) Overlay Zone) of the Anaheim Municipal Code (the "Code") apply in addition to and, where inconsistent therewith, shall supersede any regulations of the "T" Transition Zone. The Property is designated on the Land Use Element of the General Plan for "Medium Density Residential” uses; and WHEREAS, Tentative Tract Map No. 17920 is proposed in conjunction with Reclassification No. 2015-00282, Conditional Use Permit No. 2015-05815 and Variance No. 2015-05046, now pending, which, together with the Project, shall be referred to herein collectively as the “Proposed Project”; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that Variance No. 2015-05046 was not warranted. Accordingly, Variance No. 2015-05046 has been eliminated as a part of the petitioner's request and is not a part of the Project; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and - 2 - PC2016-*** WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 327") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 25, 2016 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 327, and approved and adopted the Mitigated Negative Declaration and MMP No. 327; and WHEREAS, this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Tract Map No. 17920, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17920, including its design and improvements, is consistent with the General Plan of the City of Anaheim. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 17920, including its design and improvements, is consistent with the zoning and development standards of the "RM-4" Multiple-Family Residential Zone proposed as Reclassification No. 2015-00282, now pending. 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17920, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17920, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 17920, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. - 3 - PC2016-*** WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby approve Tentative Tract Map No. 17920, contingent upon and subject to: (1) the adoption by the City Council of an ordinance authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RM-4" Multiple-Family Residential Zone under Reclassification No. 2015-00282; (2) the mitigation measures set forth in MMP No. 327; and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that this Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2016-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. Said Resolution is subject to the appeal provisions set forth in Section 17.08.104 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17920 (DEV2015-00071) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement in Manchester Avenue for road, public, utilities and other public purposes. The width of the easement shall include the existing road improvements and terminate at 10 feet back of the existing curb in the west side of the existing road. The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works Department, Development Services Division 2 The LAFCO boundary reconfiguration shall be approved and recorded prior to approval of the final tract map. Public Works, Development Services 3 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private streets, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Manchester Ave, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. Public Works Department, Development Services Division 4 Street improvement plans shall be submitted for improvements along the frontage of Manchester Avenue. Improvements shall conform to the City Standards and as approved by the City Engineer. Parkway landscaping and irrigation shall be installed on the public streets. Prior to final map approval, a bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works, Traffic Division 5 The property owner shall reserve, on the maps, reciprocal access rights to all private streets, reciprocal access to, connectivity to, and use of all public and private utilities and temporary construction easements within the boundaries of both maps. Public Works Department, Development Services Division - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department; Subdivision Section approved by the City Attorney and City Engineer and then shall be recorded in the Office of the Orange County Recorder. Public Works Department, Development Services Division 7 All parcels shall be assigned street addresses by the Building Division. Public Works Department, Development Services Division 8 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works Department, Development Services Division 9 Sewer collection services for the Project shall be provided either: (1) by the City of Orange under the terms and conditions of an Out-of-Area Sewer Service Agreement mutually agreeable to the legislative bodies of the City of Orange and the City of Anaheim; or, in the absence of such an agreement, (2) in conformance with all applicable local, state and federal, statutes, ordinances, regulations, resolutions, policies, standard plans, permits or other requirements of the City of Anaheim. If an Out-of-Area Sewer Service Agreement is approved by the legislative bodies of the two cities, the applicant shall: (a) Apply to the City of Orange for sewer service for the Project in compliance with the terms and provisions of the Out-of-Area Sewer Service Agreement, including, but not limited, to the preparation and submittal of construction plans for the connection of the sewer system improvements servicing the Project to the sewer system of the City of Orange in compliance with all applicable local, state and federal, statutes, ordinances, regulations, resolutions, policies, standard plans, permits or other requirements of the City of Orange; and (b) Secure from the City of Orange all permits and approvals deemed necessary and appropriate by the City of Orange for connection of the sewer system improvements servicing the Project to the sewer system of the City of Orange; and Public Works Department, Development Services Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT (c) Pay any and all fees and charges related thereto, including City of Orange sewer installation charges. GENERAL 10 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnities”) from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnities and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. Planning and Building Department, Planning Services Division 11 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 12 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 13 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division MITIGATED NEGATIVE DECLARATION MITIGATION MONITORING PLAN NO. 327 Project Name: Olson Manchester Townhomes Project Location: The project site encompasses 5.5 acres and is located at 2337-2415 South Manchester Avenue near The City Drive off-ramp of the Interstate 5 (I-5) freeway and Chapman Avenue in the City of Anaheim in Orange County. Address: 2337-2415 South Manchester Avenue CEQA Action: Mitigated Negative Declaration Entitlement Requests: Reclassification No. 2015-00282 Conditional Use Permit No. 2015-05815 Variance No. 2015-05046 Tentative Tract Map No. 17920 Project Description: The proposed project involves the demolition of an existing 144-space RV Park and the construction of a 120-unit, gated, three-story townhome community that includes a community recreational area and several smaller common areas. The proposed project would have a density of 21.8 dwelling units per acre (du/ac). The 120 units would be divided among 13 buildings, and the buildings would include 6, 8, 10, or 12 units. The project includes 10 floorplans ranging from 1,312 sf to 1,768 sf in size and would be constructed in approximately 6 phases. The following land use entitlements are requested to permit the development of the 120-unit townhome project: a reclassification, or re-zoning of the site from Transition (T) with a Mobile Home Park (MHP) Overlay and C-G (General Commercial) to Multiple-Family Residential (RM-4); a Conditional Use Permit (CUP) to allow for modifications to building setback and separation requirements; a Variance (VAR) to allow a 6-foot high fence within the front setback and a Tentative Tract Map to establish a single residential subdivision with 120 condominium units. ATTACHMENT NO. 7 2 OLSON MANCHESTER TOWNHOME PROJECT MITIGATION MONITORING PLAN NO. 327 Terms and Definitions: 1. Property Owner/Developer – Owner or developer of Olson Manchester Townhome Project. 2. Environmental Equivalent/Timing – Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be done by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing – This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring – Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures – The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit – For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. 7. MM – Mitigation Measure 8. SC – Standard Condition 9. PDF – Project Design Feature 3 MITIGATION MONITORING PLAN N0. 327 MITIGATION NUMBER TIMING MEASURE RESPONSIBLE FOR MONITORING COMPLETION III. AIR QUALITY MM-AQ-1 Prior to the submittal for building permit (to be included in working drawings); review of CC&R’s prior to recordation The Project Applicant shall install a positive static pressure forced air HVAC system into all residential units. Each HVAC system shall be required to install a high-efficiency MERV filter of MERV 13 or better in the air intake for the HVAC system, and the air intake shall be installed with a fan designed to force air through the MERV 13 filter and to create positive static pressure. In order to ensure that the HVAC systems with the MERV 13 (or better) filters are properly maintained, an annual service of each HVAC system (limited to HVAC tune-up and filter cleaning or replacement) shall be offered to each tenant and paid for by the Home Owners Association (HOA). This mitigation shall be codified in the Covenants, Conditions, and Restrictions (CC&Rs) of the HOA. Planning and Building Department IV. BIOLOGICAL RESOURCES MM-BIO-1 Prior to the issuance of a demolition permit and grading permit The Property Owner/Developer shall ensure that vegetation removal shall not be conducted during the nesting bird/raptor season (March 15 to September 15 for nesting birds; February 1 to June 30 for nesting raptors), to the extent practicable. If construction or vegetation removal would occur between February 1 and September 15, the Property Owner/Developer shall conduct a pre-construction survey for active bird/raptor nests within three days prior to commencement of construction activities/vegetation removal. Should an active nest be identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by a qualified Biologist. The size of the protective buffer will be determined by the Biologist based on the location of the nest, the type of construction activities, the existing human activity in the vicinity of the nest, and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed in the buffer zone. Planning and Building Department 4 V. CULTURAL RESOURCES MM-CR-1 Prior to the issuance of a grading permit Prior to approval of each grading plan, the Property Owner/Developer shall submit a letter to the Planning and Building Department, Planning Division, which identifies the certified Archaeologist who has been hired to ensure that the following actions are implemented: a. The Archaeologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological monitor shall determine appropriate actions in cooperation with the Property Owner/Developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified Archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the Archaeologist shall notify the City as to when the final report will be submitted. Planning and Building Department VI. GEOLOGY AND SOILS MM-GEO-1 Prior to the issuance of a building permit Prior to issuance of each building permit, the Property Owner/Developer shall submit plans showing that the proposed structures have been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. Planning and Building Department MM-GEO-2 Prior to issuance of grading permit Prior to approval of each grading plan, the Property Owner/Developer shall submit to the City Engineer for review and approval a soils and Public Works Department 5 geological report for the area to be graded. This report shall be based on proposed grading and prepared by an Engineering Geologist and Geotechnical Engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. MM-GEO-3 Prior to the issuance of a building permit Prior to issuance of each building permit, the Property Owner/Developer shall submit for review and approval detailed foundation design information for the subject building(s). This information shall be prepared by a Civil Engineer and based on recommendations by a Geotechnical Engineer Planning and Building Department VIII. HAZARDS AND HAZARDOUS MATERIALS MM-HAZ-1 During demolition, site preparation and/or construction In the event that hazardous waste, including asbestos, is discovered during project demolition, site preparation and/or project construction, the Property Owner/Developer shall ensure that the identified hazardous waste and/or hazardous material(s) are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the, Title 30, Chapter 22. Planning and Building Department MM-HAZ-2 Prior to the issuance of a demolition permit and grading permit Prior to approval of the first grading plan or demolition permit, the Property Owner/Developer shall submit a plan for review and approval to the Environmental Protection Section of the Fire Department, which details procedures that will be taken if a previously unknown UST, other unknown hazardous material, or waste is discovered on site. Fire Department IX. HYDROLOGY AND WATER QUALITY MM-WQ-1 Prior to the issuance of a grading permit Prior to the initiation of grading, and throughout the duration of project construction, the applicant shall submit to the Public Works Department, Development Services Division, for review and approval, a Water Quality Management Plan, as described in Drainage Area Management Plan for Orange County. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the Public Works Department 6 responsible parties, and funding mechanisms for the Treatment Control BMPs. MM-WQ-2 Prior to the issuance of a grading permit Prior to approval of grading plans; and, during clearing, the Property Owner/Developer shall obtain coverage under the NPDES Statewide Industrial Storm Water Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the City Engineer. Public Works Department MM-WQ-3 During all grading and construction activities During project operations, the Property Owner/Developer shall provide for the following to the satisfaction of the Public Works Director or their designee: cleaning of all paved areas not maintained by the City of Anaheim at all times, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and the flushing of debris and sediment down the storm drains shall be prohibited. Public Works Department MM-WQ-4 Prior to final building and zoning inspection Prior to each final building and zoning inspection, the Property Owner/Developer shall submit a letter to the City Engineer from a licensed Landscape Architect to the City, certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning and Building Department MM-WQ-5 Prior to final building and zoning inspection Prior to final building and zoning inspection, the Property Owner/Developer shall install separate irrigation meters. Evidence of compliance shall be submitted to the City Engineer Planning and Building Department MM-WQ-6 Prior to issuance of grading permit Prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100- year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. Finish floor elevation shall be one foot above sump condition at 100 year storm event. Public Works Department and Planning and Building Department 7 MM-WQ-7 Prior to issuance of grading permit Prior to any issuance of any demolition permit that disturbs soil, rough grading permit coverage under the State’s General Construction Permit shall be obtained and an Erosion and Sediment Control Plan shall be approved by the City. Public Works Department SC-WQ-1 Prior to issuance of grading permit Construction General Permit Notice of Intent (NOI). This project will result in soil disturbance of one or more acres of land that has not been addressed by an underlying subdivision map. Prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request Public Works Department XII. NOISE MM-N-1 During all grading and construction activities The Property Owner/Developer shall ensure that all construction and grading equipment is properly maintained throughout construction. All vehicles and compressors shall use exhaust mufflers, and engine enclosure covers, as designed by the manufacturer, shall be in place at all times. Planning and Building Department SC-N-1 Prior to issuance of grading and building permits Prior to issuance of each grading and building permit, the Property Owner/Developer shall place a note on the grading and construction plans stating that the Construction Contractor shall limit the performance of all construction related activities that would result in high noise levels to between the hours of 7:00 AM and 7:00 PM as approved by the City. Planning and Building Department PDF-N-1 Prior to the submittal for building permit (to be included in working drawings) Roof ceiling construction will be roofing on plywood. Batt insulation will be installed in joist spaces. The ceilings will be one layer of gypboard. All exterior walls will be 2-inch by 4-inch studs, 16-inch on center with batt insulation in the stud spaces. Exteriors will be exterior plaster or stucco. The interiors will be gypboard. Planning and Building Department 8 PDF-N-2 Prior to the submittal for building permit (to be included in working drawings) All eastern facing windows and glass doors on the second and third floors of Buildings 9, 10, 11, 12, and 13 shall be glazed with STC 29 glazing. All eastern facing units in Buildings 9, 10, 11, 12, and 13 shall be provided with air conditioning or forced-air ventilation in compliance with the Uniform Building Code. Planning and Building Department XIII. PALEONTOLOGICAL RESOURCES MM-PALEO-1 Prior to issuance of grading permit Prior to approval of each grading plan, the Property Owner/Developer shall submit a letter to the Planning Department, Planning Division, and Building Division identifying the certified Paleontologist that has been hired to ensure that the following actions are implemented: a. The Paleontologist must be present at the pre-grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological monitor shall determine appropriate actions in cooperation with the Property Owner/Developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified Paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the Paleontologist shall notify the City as to when the final report will be submitted. Planning and Building Department 9 XV. PUBLIC SERVICES SC-PS-1 Prior to issuance of building permits Prior to issuance of a building permit, the Property Owner/Developer shall coordinate with APD to ensure that all public safety recommendations will be implemented as part of the project. Planning and Building Department SC-PS-2 Prior to issuance of building permits Prior to issuance of each building permit, the Property Owner/Developer shall provide proof of compliance with California Government Code Section 53080 (schools) to the Building Division of the Planning Department Planning and Building Department SC-PS-3 Prior to issuance of building permits In accordance with Chapter 17.34 of the City of Anaheim Municipal Code, prior to the issuance of each building permit, the Property Owner/Developer shall pay the most current park dwelling fee and/or other negotiated park fees to the City. All money collected as fees imposed by Chapter 17.34 shall be deposited in the park dwelling fund and used for the acquisition, development, and improvement of public parks and recreational facilities in the City. The Community Development Department shall confirm compliance with this requirement prior to issuance of a building permit. Planning and Building Department ATTACHMENT NO. 8 A T T A C H M E N T N O . 9 ATTACHMENT NO. 10 From:Pamela Morrisette To:Amy K. Vazquez Subject:Fwd: Residents displacement at Ponderosa RV Park, Anaheim Date:Sunday, January 03, 2016 8:41:42 PM ---------- Forwarded message ----------From: Pamela Morrisette <pamelamorrisette@gmail.com>Date: Tue, Dec 8, 2015 at 9:01 PMSubject: Residents displacement at Ponderosa RV Park, AnaheimTo: vasquez@anaheim.net Dear Amy, I am writing to you on behalf of the many long-term residents that face evictionfrom what we have known as our home at Ponderosa RV Park. Many of us havelived here for 10+ years. For many of those years we lived in the same space,never having to move, just renewed our contract every six months, paid the citytaxes and our rent that was due. We had an onsite manager who lived in theapartment attached to the park office, ground keepers who maintained the grounds,and enjoyed a peaceful and secure surroundings. We were allowed to put storagesheds on our spaces, plants and decor around our rv's and 5th wheels, andcanopies next to our homes for outdoor furniture and social gatherings. Then everything changed overnight. Our manager, Don Manar, announced he wasleaving, the hardworking grounds keeper of 25 years was fired and a woman namedAngelica was sent, from the mobile home park directly behind us,was our acting new manager. If we had any questions or concerns, we wereinstructed to go to the mobile park manager, Fran, to speak through a voice box toher because the door was locked and she would only talk through a speakersystem. The office at our rv park was open for 2 hours a day only and if there wasa problem we were given a phone # to leave a message. The worse came directly after. We were given letters stating we had to move everysix months to another space, pay our security deposit again, pay the city taxes, andthe rent due. When we asked the management if we refused to move from ourspaces we lived in for many years what would happen, they told us we would beevicted. So we were left with only one option, sign and comply. What this meant for me, as well as many others, was having 2 weeks vacation andhaving to use our vacation time to move every six months. We had no idea thepurpose for this change. Well we found out, when we received a letter stating that Ponderosa RV park wassold to a new owner, Joel Farkas. Almost immediately we were informed that notonly did we have to move every six months to another space, but we had to leavefor 24 hours. Allow me to give you a visual from my personal trauma of this demand. My husbandand I had rented 3 additional spaces surrounding our 5th wheel (home). We did thisbecause we lost our friends that were next to us from the moving to differentspaces and we loved the spot were had been in for over 7 years by doing this wecould just move from our space to our other space that we rented. Also we have 2sheds, a outside canopy, a 26' cargo trailer, 2 cars, and our 5th wheel trailer we livein. Can you imagine moving all this every six months? We did, that is why wedecided to rent 3 extra spaces at $100.00 each for the sheer survival of not havingto move all of our belongings every six months. And others did the same. ATTACHMENT NO. 11 The elderly couldn't, so we all pitched in and moved them. One of our long-termresidents, Daniel, was a veteran that had lost his right leg from war. My husbandbuilt him a ramp that allowed him to drive his scooter into his motorhome. He couldnever use the restrooms here because they were not wheel chair accessible nor thelaundry room. Everyone here helped him, He's been evicted.At present, we are facing eviction in the next few months, possibly sooner.Our new manager, Don Wood, came after Joel Farkas purchased this property.Never has she told us about any meetings at City Hall. They were posted at theentrance of the Mobile Home Park. The Rv park has it's own entrance. They haveheld meetings at the Mobile Home Park and we weren't allow to attend. The OlsonCompany sent a letter inviting the Mobile home park residents to a meeting at theAlo hotel down the street last January and we only found out the day of the meetingfrom a mobile home resident. Never any letter or notice given to us. We attendedthe meeting in January and were told about the plan to build single family homes. They told us it would take a year or more to see if it could be done and it may notgo through at all. We told them Ponderosa Management had never told us of themeeting nor the plans of this. The Olson Company told us at this meeting theywould keep us informed through Ponderosa Management and later meeting todiscuss the progress or lack of progress. Never heard a word from PonderosaManagement, actually the opposite. They told us the plans didn't go through andwe had nothing to worry about. Then we saw another public notice on a telephonepole stating the joining of the property that is at the end of the rv park. Whenasked for information regarding this, Don Wood's response was I don't know, it'snothing to concern us. Don Wood's son works in the office at our park with her andhe told us the same thing. The park isn't going to be developed. What happened next woke us up. Men in uniforms outside our doors of our homedrawing bright colored lines through our spaces. We spoke to them and they saidthey were with the water department. We realized we were being lied to andintentionally deceived.A little over 1 month ago, one of our long-term residents came to us and wasdevastated. She was holding in her hand a 30 day eviction notice. She told us thather and her husband went to the city of Anaheim and found out that on May 15,2015 that Ponderosa RV Park entered into a selling agreement with The OlsonCompany to purchase this property and build singe family homes. They paid $27.00and were given the documents as well as shown the plans of the new homes. Shewent to Don Wood our manager and told her she had lied to us and showed her thepapers. Don Wood told her to keep her mouth shut and not to tell any of theresidents or she would be evicted. This resident didn't tell anyone for fear ofeviction. She was given the notice shortly after and that's when she came to all ofus. She is evicted days ago, on the street with her husband and daughter becausethey haven't found an RV park open with any spaces available. They are parked onthe side of a road. Her husband works at his brother's restaurant full time and she isleft alone. Then we get our first letter from Ponderosa Park from The OlsonCompany inviting us to the meeting last night. What did we learn, we have onlymonths to move. Some of the long-term residents have been fortunate enough to find a spot in otherRV parks. Mostly the older couples. We helped them move so they wouldn't haveto endure this. My husband and I have been on a waiting list for over a year now ata place close to my work, but nothing as of this date. Alot of us have older yetcompletely remodeled and beautiful rv's and 5th wheels, but we don't qualify for therule of a 10 year or newer rv. At least 4 rv parks have closed within the past fewyears in Anaheim and the surrounding area. We chose this style of living because ita nice alternative to affordable living. Most of the long-term residents at Ponderosa RV Park are full-time workers. I used my vacation pay for our last 6 month move. It will take me 5 more months to accumulate the hours for another paid time off tomove. Then where do we move 2 sheds full of our possessions, a trailer, our 5thwheel and 2 cars, patio furniture, and our plants and decor? Into storage? Thenwhere do we sleep? A motel until we can find a space in another rv park. Then weput our 5th wheel in a storage where someone can break into it and destroy it. Ourcat dramatized, our lives turned upside down and evicted because we areconsidered transcients. We are not transcients, we have been residents for manyyears in one place, with one home, and many friends that we will be separatedfrom. We are hard working people who have lived and enjoyed most of our time atPonderosa RV park. We are not demanding monetary gain. Yes, it would be nice if we received some sortof compensation for having to uproot our lives. After all we paid into the hundreds ofthousands in rent, never late 1 day in 10 years this February. We just want to betreated with some dignity and given adequate time to relocate. Not years, but aleast 6 months and not have to move again until we move out.We believe this is not alot to ask. We are asking for your support. You are the city'sofficials, the people's voice to unreachable entities. Joel Farkas is not going to hear our pleas nor is the Ponderosa RV management.They just want this to be a done deal so they can move on to the next investment.Joel Farkas is a board member of the Claremont Institute. These words are writtenin their mission statement, "To recover the founding principles in our political lifemeans recovering a limited and accountable government that respects privateproperty, promotes stable family life, and maintains a strong defense." We hope you hear our voices. Thank you for allowing us to share. Sincerely, PamelaMorrisette A T T A C H M E N T N O . 1 2 America’s Builder of the Year January 11, 2016 Ms. Amy Vazquez City of Anaheim Planning Department 200 S. Anaheim Blvd. Anaheim, CA 92805 RE: IS/MND Olson Manchester Townhome Project Dear Amy: Thank you for the opportunity to review the IS/MND for our project and for your on-going time and assistance. We have the following comments on the document we request be addressed: • MM III-1, page 5-16: The mitigation measure requires that “In order to ensure that the HVAC systems with the MERV 13 (or better) filters are properly maintained, an annual service of each HVAC system (limited to HVAC tune-up and filter cleaning or replacement) shall be offered to each tenant and paid for by the Home Owners Association (HOA). This mitigation shall be codified in the Covenants, Conditions, and Restrictions (CC&Rs) of the HOA.” Comment: Given that this is a for-sale community with homeowners that will be responsible for their homes’ interiors, we respectfully request that the CC&Rs include the restriction, but make it a requirement of each individual homeowner (vs. HOA), with the HOA having the right to inspect and repair/replace and charge the homeowners. • Questions C & E, pages 5-30 & 5-31: These discussions relate to the drainage pattern and storm water runoff. Comment: The description provides hydro-modification volumes for Questions C & E and refers to them as storm water flows, indicating that the hydro-modification volume increases less than 2% to 29,821 cu-ft, which allows the project to not do hydro-modification. The storm water flows should be taken from the Conceptual Hydrology & Hydraulic Study, which shows the storm water flows decreasing from 16.92 cfs to 15.22 cfs for the proposed site compared to the existing condition for the 100-year storm event. We respectfully request that the sections be corrected as indicated. • Section 3.1.1, page 3-1: The size ranges of the units are included, but the word “approximately” appears to have been inadvertently omitted from the sentence. Comment: Given that as the building plans are developed slight adjustments may need to be made to the unit footprints, we respectfully request that “approximately” be added. • Site Plan, after page 3-1: The site plan does not include the updated summary table with the correct open space calculation. Comment: If necessary, please replace the site plan with the corrected version on file. Thank you for your time and consideration. If you have any questions or require additional information, please feel free to contact me at (562) 370-2255. Best regards, Sandi Gottlieb Sandi Gottlieb Director of Development THE OLSON COMPANY South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 • www.aqmd.gov SENT VIA USPS AND E-MAIL: January 17, 2016 avazquez@anaheim.net Ms. Amy Vazquez, Contract Planner City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Draft Mitigated Negative Declaration (DMND) for the Proposed Olson Manchester Townhomes Project The South Coast Air Quality Management District (SCAQMD) appreciates the opportunity to comment on the above-mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final CEQA document. The Lead Agency proposes demolition of the existing 144-space Recreational Vehicle (RV) Park.1 After the demolition is completed, construction of a 120-unit townhome community will begin. The proposed residential community will also include a recreational area and several smaller common areas on the approximately 5.5-acre site. The project would be constructed in approximately six phases starting in mid-2016 taking between 10 months and three years to complete, based on market conditions. In order to provide a more conservative, worst-case scenario, a 10-month construction period was used in the applicable air quality analyses. In the Air Quality Analysis,2 the Lead Agency analyzed project regional and localized significance threshold emission impacts for construction and operational activities3 finding that these impacts were less than significant when compared with the applicable SCAQMD thresholds of significance. In addition, a Health Risk Assessment (HRA) was conducted4 to determine risk to future residents from the traffic operating on the Interstate 5 Freeway (I-5 Freeway) that is located just east of the project site. Based on the risk estimates in the HRA, the estimated mitigated Maximum Incremental Cancer Risk (MICR) to future residents remains significant when compared with the applicable 1 The Park was intended for occupancy for periods up to 30-days, DMND, Page 2-1. 2 Appendix A, Air Quality, Greenhouse Gas Emissions and Health Risk Assessment Impact Analysis (Vista Environmental, October 29, 2105). 3 The California Emissions Estimator Model (CalEEMod) was used to model short- and long-term regional and localized significance thresholds (LST). 4 The Atmospheric Dispersion Modeling System AERMOD View Version 9.0.0 Model was used for all dispersion modeling. Appendix A: AQ, GHG Emissions & HRA Impacts, Page 37. Ms. Amy Vazquez, January 17, 2016 Contract Planner 2 SCAQMD significance threshold.5 Additional mitigation should therefore be incorporated into the proposed project description and included in the air quality analysis in order to demonstrate that the project impacts with mitigation are less than significant. The SCAQMD staff has further concerns based on the limits of the proposed MERV Filters along with the California Air Resources Board (CARB) guidance regarding siting sensitive receptors near freeways. Further details are included in the appendix. Please provide the SCAQMD with written responses to all comments contained herein prior to the adoption of the Final MND. SCAQMD staff is available to work with the Lead Agency to address these issues and any other air quality questions that may arise. If you have any questions concerning this letter, please contact Gordon Mize, Air Quality Specialist, at (909) 396-3302. Sincerely, Jillian Wong Jillian Wong, Ph.D. Program Supervisor Planning, Rule Development & Area Sources Attachment JW:GM ORC160105-05 Control Number 5 24.1 in one million, page 53 (AQ Analysis) compared with the SCAQMD MICR Threshold of 10 in one million cases. Ms. Amy Vazquez, January 17, 2016 Contract Planner 3 Health Risk Assessment 1. Based on the HRA analysis, significant health impacts were estimated up to 120.5 per million cases for the future residents, which exceeds the SCAQMD recommended significance threshold of 10 in one million cases for Maximum Incremental Cancer Risk (MICR). With mitigation, the risk is estimated to be reduced to 24.1 in one million. The Lead Agency, however, based its significance determination using a threshold that is not used for projects sited within the jurisdiction of the SCAQMD. Therefore, MICR cancer risk remains significant when compared with the SCAQMD MICR threshold. In the Final MND, the Lead Agency should base its significance determination for MICR based on the SCAQMD threshold and revise the Final CEQA document, as needed. Limitations to Using Filters as Mitigation 2. Because of the potential significant cancer risk to future residents from freeway traffic, the Lead Agency has proposed, as mitigation, a filtered air supply system for all residential homes that will include high-efficiency filters with a minimum efficiency reporting value (MERV) of 13 concluding that the filtration would reduce impacts to a less than significant level. The use of the proposed air filters as mitigation, however, has limitations. It should be noted that these filters have no ability to filter out any toxic gasses from vehicle exhaust and residents will not be protected outside of their homes while relaxing outside, playing in a common area, washing a vehicle or when the windows or doors are open. Further, the heating, ventilation and air conditioning (HVAC) system and as well as the filters have to be serviced/replaced as required by manufacturer recommendations with annual replacement costs expected to range from $120 to $240 to replace each filter.6 Adequate pressure must also be maintained within the residences and it is assumed that the filters will operate 100 percent of the time while residents are indoors. CARB Land Use Guidance for Sensitive Receptors Located Near Freeways 3. Based on the California Air Resources Board’s (CARB) Land Use and Air Quality Handbook (CARB Handbook), guidance is included for siting sensitive receptors near sources of air toxics including exposure to residents from diesel fueled vehicles operating on the nearby freeway. Based on the project description, the DMND shows that future residents (sensitive receptors) would be sited within the recommended 500-foot buffer.7 This would include siting the proposed residences near the I-5 Freeway that has a peak monthly daily traffic volume of 303,000 vehicles including approximately 21,210 daily 6 http://www.aqmd.gov/docs/default-source/ceqa/handbook/aqmdpilotstudyfinalreport.pdf?sfvrsn=0 . This study evaluated filters rated MERV 13+ while the proposed mitigation calls for less effective MERV 12 or better filters. See also CARB link for the “Status of Research on Potential Mitigation Concepts to Reduce Exposure to Nearby Traffic Pollution” (August 23, 2012): http://www.arb.ca.gov/db/search/google_result.htm?q=Potential+Mitigation+Concepts&which=arb_google&cx=00618068188768605 5858%3Abew1c4wl8hc&srch_words=&cof=FORID%3A11 7 CARB Handbook link: http://www.aqmd.gov/docs/default-source/ceqa/handbook/california-air- resources-board-air-quality-and-land-use-handbook-a-community-health-perspective.pdf?sfvrsn=0 . Ms. Amy Vazquez, January 17, 2016 Contract Planner 4 trucks.8 As a result, future residents will be exposed to a significant source of toxic emissions. Numerous past health studies have demonstrated the potential adverse health effects of living near a freeway or highly travelled roads. Since the time of that study, additional research has continued to build the case that the near roadway environment also contains elevated levels of many pollutants that adversely affect human health, including some pollutants that are unregulated (e.g., ultrafine particles) and whose potential health effects are still emerging. While the health science behind recommendations against placing new homes close to freeways is clear, SCAQMD staff recognizes the many factors lead agencies must consider when siting new housing. Further, many mitigation measures have been proposed for other projects to reduce exposure, including building filtration systems, sounds walls, vegetation barriers, etc. However, because potential adverse health risks might be involved, it is critical that any proposed mitigation must be carefully evaluated prior to determining if the health risks would be brought below recognized significance thresholds. 8 http://traffic-counts.dot.ca.gov/ 2014 Traffic and Truck Volumes: 1) Traffic Volume, I-5 Freeway at Chapman Avenue, 303,000 vehicles per day based on the peak month ADT, which is the average daily traffic for the month of heaviest traffic flow; 2) Truck Percentage of Total Vehicles is 7 % or 21,210 trucks per day. The monthly traffic total was used instead of the annual average daily traffic figure because it represents a more conservative, worst-case scenario. NEW CORRESPONDENCE ITEM NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 5 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JANUARY 25, 2016 SUBJECT: RECLASSIFICATION NO. 2015-00277 CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 LOCATION: 420 and 440 North Magnolia Avenue APPLICANT/PROPERTY OWNER: The property owner is Lugaro Enterprises, Inc. The applicant is Jeff Weber, representing Silveroak Corporation. REQUEST: The applicant requests approval of the following land use entitlements: 1) A Zoning Reclassification to rezone the property from the “T” Transition and “C-G” General Commercial zones to the “RS-4” Single-Family Residential Zone; 2) A Conditional Use Permit to permit a 25-unit, detached, small-lot single- family residential project with modified development standards, including a deviation from the City’s private street standard pertaining to street and parkway widths; and 3) A Tentative Tract Map to establish a 25-lot residential subdivision. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolutions determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 32, Infill Development Projects) and approving Reclassification No. 2015-00277, Conditional Use Permit No. 2015-05787, and Tentative Tract Map No. 17858. BACKGROUND: The 2.77-acre project site consists of two parcels. The southerly parcel is vacant and was previously developed with a single family home. The northerly parcel is vacant and was previously used for agricultural production. The properties are located in the “T” Transition and “C-G” General Commercial Zones. The properties are designated for Residential-Corridor land uses by the General Plan. Surrounding land uses include a commercial center to the north, single-family homes in the "RS-2" Single-Family Residential Zone to the east, an apartment complex in the "RM-4" Multiple-Family Residential Zone to the west, and a public golf course to the south. RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 2 of 8 A parcel map was previously recorded to adjust the northerly portion of the property line to accommodate the residential development as described in more detail below. A lot line adjustment has also been requested to make a minor modification to the property line and this adjustment has been approved by the City Surveyor. PROPOSAL: The applicant proposes to construct 25 detached, small-lot single-family residences using the "RS-4" Single-Family Residential Zone development standards. The net lot sizes (not including the private streets) would range between 1,617 square feet and 2,522 square feet in size. The two to three-story homes would range from 1,851 to 2,395 square feet in floor area. Two different plans are proposed consisting of three and four bedroom units. The homes would range between two and three stories in height with Traditional and Craftsman-style architecture. The building elevations would feature neutral-toned tan, gray, and brown-colored facades, stucco walls, wood shutters, stone veneer base, window trim, and composition shingle roofs. Proposed Architecture An 8-foot high perimeter block wall would be set back 15 feet from the right-of-way along the Magnolia Avenue street frontage, and a separate 3-foot high block retaining wall would be constructed approximately 3 to 7 feet from this property line. All other perimeter fencing would be 6-foot high vinyl. All front yard returns and side yard fencing would also be 6-foot high vinyl to provide a separation between the private yards for each home. Common open space would be provided on Lot “K” which totals 518 square feet. A small tot-lot containing play equipment would be provided in this space. A homeowner’s association would be formed by the applicant with the responsibility to maintain and repair the private streets, sidewalks, and parkways, and landscaped planter along Magnolia Avenue. A detailed development summary is included as Attachment 4 to this report. The applicant proposes to rezone the project site from the "T" Transition and the "C-G" General Commercial Zones to the "RS-4" Single-Family Residential Zone. The "RS-4" Single-Family Residential Zone allows flexibility in site development standards such as minimum lot size and width. This zone also allows flexibility in other development standards such as maximum lot coverage, minimum setbacks, and minimum floor area through a conditional use permit in order to achieve high quality project design, privacy, livability, and compatibility with surrounding uses. RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 3 of 8 This project proposal includes a request to modify the maximum lot coverage, and front, rear and side yard setbacks as described later in this report. The following table (Table 1) provides a comparison of the proposed project with the proposed "RS- 4" Single-Family Residential Zone site development standards. TABLE 1 RS-4 Zone Standard Proposed Project Minimum lot size Established by CUP 1,617-2,522 square feet (1,812 sq. ft. average) Minimum lot width Established by CUP 33 to 39 feet wide Maximum height 35 feet/2 stories or 35 feet/3 stories if the structure is located 55 feet or more from the property line of any detached single-family residential use or zone 25 feet, 10 inches to 34 feet** Minimum floor area 1,225 square feet* 1,851 to 2,395 square feet Maximum lot coverage 50%* 48% - 63% Front yard setback 10 feet* In order to achieve good design, the setback may be an average of 10 feet, with the minimum setback of 5 feet 6 inches Side yard setback 5 feet from structures to the property line or zero feet on one side, and 10 feet on the other side, provided a minimum of 10 feet is maintained between structures on adjacent lots* 3 feet Rear yard setback 15 feet for two and three-story structures* 7.5 - 8 feet * May be modified by conditional use permit. ** A two-story home is proposed on Lot 25. The home would be located 54 feet from the nearest single family residential property line. A condition of approval is included in the draft resolution to permit a maximum 2-story home on Lot 25. The three story homes would be setback approximately 120 from the single family homes to the east. Access to the homes would be provided by a new private street accessed from Magnolia Avenue. Each of the units would have a two-car garage. Fifty open parking spaces would be provided along the east property line, providing a buffer to the abutting single family residential homes. The 28-foot wide private street (“A” Street) would be improved with 4-foot wide sidewalks and 3- foot wide landscaped parkways and transitions into “B” Street, where the open parking is located. Streets “A” and “B” provide access to three separate private drive aisles. Access to garages would RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 4 of 8 be provided from Streets “C”, “D” and “E.” No on-street parking would be provided on these private streets and driveways. The City’s Private Street Standard No. 162 provides minimum street, parkway and sidewalk standards. The applicant is requesting a deviation from this standard on streets “A” through “E”. The City Engineer approved the request to allow the reduced street and parkway widths for each of the streets. The applicant’s letter of justification and the City Engineer’s decision letter are included as Attachments 5 and 6 to this report. A summary of the street standard compared to the project proposal is shown in Table 2 below. TABLE 2 Standard Requirement Project Proposal Street A Street B Street C Street D Street E Street width when no on-street parking is provided 28 feet minimum 28 feet *24 feet *24 feet narrowing to 20 feet Parkways 6 foot wide on both sides of street *3 foot - parkway on both sides *1 foot - parkway on one side *4 foot - parkway on one side Sidewalks 4 feet wide on both sides of street 4 foot - sidewalk on both sides *4 foot - sidewalk one side 4 foot - sidewalk on both sides * Waiver requested and approved by the City Engineer. The southerly driveway approach for the adjacent shopping center on Magnolia Avenue would be relocated approximately 50 feet to the north as part of this project. The commercial center is under the same ownership as the proposed residential project site. Relocation of the drive approach is necessary to accommodate the proposed development. The proposal would eliminate 18 existing parking spaces on the southern edge of the shopping center property. A total of 151 spaces currently existing on the shopping center site and a total of 128 are required. With the reduction, 133 spaces would be provided. The applicant has worked with the property owner to accommodate the acquisition necessary to provide adequate site area for the new residential development while providing Code compliant parking and circulation for the existing shopping center. No other improvements are proposed for the shopping center. FINDINGS AND ANALYSIS: Reclassification: The General Plan designates this property for Corridor Residential Land Uses. Table LU-2 in the Land Use Element of the General Plan indicates the "RM-1" Multiple-Family Residential Zone as “Typical Implementing Zone” for the Corridor Residential designation. The proposed "RS-4" Single-Family Residential Zone designation is not listed as a “Typical Implementing Zone” for the Corridor Residential designation in this table; however, there is a provision in the Land Use Element that states: “In addition to the typical zoning designations listed above, other zones may be substituted for the typical implementation zones, provided that the overall density ranges established by the General Plan are not exceeded.” The density range RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 5 of 8 for the Corridor Residential designation is 0 to 13 units per acre. This project is proposed at approximately 9 units per acre, which is within the maximum permitted density established by the General Plan. The applicant proposes to utilize the RS-4 zone because it provides the flexibility desired to achieve the requested lot sizes and widths for this single-family residential product while maintaining the allowable General Plan density. The intent of the RS-4 zone is to provide for and encourage the development of high-quality residential units on infill lots, in order to provide additional housing choices and to use land efficiently. The proposed project would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: • Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. • Goal 3.2: Maximize development opportunities along transportation routes. • Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. Conditional Use Permit: Before the Planning Commission may approve a conditional use permit for small lot residential development in the RS-4 Zone, the following findings must be made: 1) The uses within the project are compatible; 2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; 3) Vehicular and pedestrian access are adequate; 4) The project is consistent with any adopted design guidelines applicable to the parcel or parcels; 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7) The impact upon the surrounding area has been mitigated to the maximum extent practicable; 8) The project complies with the General Plan and Subdivision Map Act; and 9) The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 6 of 8 Within the RS-4 zone, minimum setbacks and maximum lot coverage may be modified as part of a conditional use permit when it is determined that the modifications serve to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. The applicant requests approval of setback modifications for the front, side, and rear yard setbacks of all lots; the applicant also requests approval for a modification of the maximum lot coverage where 50% is required and 48% to 63% is proposed. The intent of these requirements is to ensure that adequate separation and landscaping is provided between adjacent uses and structures. Staff believes that the request for deviations in the setbacks and lot coverage are justified in this case since usable private yard spaces are being provided; adequate natural light is available to each residential unit; the building facades are well-articulated and attractive; and the windows are arranged to protect the privacy of the residents. While the project’s interior setbacks have been reduced, the applicant is providing a substantial setback from the adjacent single family homes to the east. The two story homes closest to the neighboring single family homes (Lots 4, 5, 12, and 13) are setback at least 54 feet from the east property line of the neighboring residential properties. The applicant has also given careful consideration to the placement of these two story homes so as to minimize any impacts on the existing single-family residences. The walls and fences that are proposed between the new homes and the residential and commercial properties surrounding the site will further serve to buffer the uses. Lastly, a 15-foot wide bermed landscaped planter would be provided along the Magnolia Avenue frontage, providing a substantial landscaped edge from the street. For these reasons, staff recommends approval of the requested conditional use permit and modification requests. Parking for the proposed project meets the City’s parking requirements. The Zoning Code requires a total of 4 parking spaces per unit (two of which must be within a garage) for a total of 100 spaces. The proposed project would include 2 garage spaces per unit and 50 open spaces, for a total of 100 parking spaces being provided for the entire project site. Further, the reduction of 18 parking spaces for the shopping center will not negatively affect the center since it will result in 133 spaces being provided, while only 128 are required. A commercial center site plan and parking tabulation are included in Attachment No. 10 to this report. Staff has also reviewed the proposed development using the City’s adopted “Guidelines for Small-Lot Development.” These guidelines encourage various design features for small-lot residential projects in the RS-4 zone to promote high quality development. These guidelines have been applied to other similar small lot, single-family projects in Anaheim, resulting in quality infill residential development. The guidelines address items such as internal circulation, interface with adjacent land uses, building massing and articulation, fencing, landscaping, and open green space. Staff believes the proposed development incorporates these guidelines into the project based on the single family detached unit compatibility with neighboring uses, varied architectural features, and a well-designed private streets with sidewalks, and parkways on some of the streets.. In addition, building facades have been varied through articulation of elements such as contrasting earthtone colors, recessed entries, window shutters, varied roof designs, and the use of enhanced materials such as stone veneers and vertical wood siding. Separated sidewalks and parkways have been incorporated along some of the private streets. With the incorporation of these project features, staff believes the development is compatible with the surrounding area and recommends approval of the conditional use permit. RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 7 of 8 Tentative Tract Map: Before the Planning Commission approves a tentative tract map, the following findings must be made: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed herein is consistent with the Corridor Residential land use designation in the Anaheim General Plan and the development standards contained in the “RS-4” Single- Family Residential Zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed and other related Code requirements. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The requested 2.77-acre project site would create 25 residential lots and 12 lettered lots for the common planters, streets, sidewalks, and parkways that would be maintained by a homeowners’ association. The proposed subdivision has a gross density of 9.03 dwelling units per acre. This density is consistent with the Corridor Residential land use designation which allows up to 13 dwelling units per acre. The tract map complies with all applicable zoning regulations and is consistent with the density allowed under the existing General Plan designation. Planning and Public Works staff have reviewed the tentative map and determined that it meets all applicable subdivision requirements. Therefore, staff recommends approval of the proposed Tentative Tract Map. Public Outreach: City staff and the applicant have hosted two outreach meetings with homeowners residing in the surrounding neighborhood. On November 23, 2015, the applicant and staff conducted a community meeting at the Brookhurst Community Center. Invitations were sent out by the applicant, and one resident attended the meeting. The resident offered general comments regarding the proposed development and was generally supportive of the proposal. No other correspondence was received. Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 32 “Infill Development Projects” exemption allowed under California Environmental Quality Act. In order to support this determination, staff prepared an environmental checklist and determined that the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. In reaching this conclusion, staff determined that the property is less than five acres in size and is substantially surrounded by RECLASSIFICATION NO. 2015-00277, CONDITIONAL USE PERMIT NO. 2015-05787 AND TENTATIVE TRACT MAP NO. 17858 January 25, 2016 Page 8 of 8 urban uses, has no value as habitat for endangered, rare or threatened species, and can be adequately served by all required utilities and public services. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. CONCLUSION: Staff believes the proposed project is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding residential neighborhood. In addition, the proposed project meets the goals of the General Plan to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Therefore, staff recommends approval of the proposed request. Prepared by, Submitted by, Amy Stonich Jonathan E. Borrego Contract Planner Planning Services Manager Attachments: 1. Draft Reclassification Resolution 2. Draft Conditional Use Permit Resolution 3. Draft Tentative Tract Map Resolution 4. Development Summary 5. Applicant’s Justification and Request Letter 6. City Engineer’s Street Deviation Approval 7. Environmental Checklist 8. Tentative Tract Map 9. Site Plan, Architectural and Landscape Plans 10. Shopping Center Site Plan and Parking Tabulation 11. Site photos RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERM-4SPRING TREEAPARTMENTS112 DU RS-2SINGLE FAMILY RESIDENCE RM-2WATERPUMP RM-2CONDOS44 DU C-GCAR WASH RM-4APARTMENTS21 DU PRDAD MILLERGOLF COURSE RM-2CONDOS114 DU C-GRETAIL TPETER MARSHALLELEMENTARY SCHOOL W CRESCENT AVE N M A G N O L I A A V E N H A N O V E R S T N H A R C O U R T S TW BAYLOR CIR W M A D I S O N C I R W CAMERON CT W MADISON CIR W M A D I S O N C I R W MADISON CIR W. LINCOLN AVE W. BROADWAY W. LA PALMA AVE W. CRESCENT AVEN. M A G N O L I A A V E N .B R O O K H U R S T S TN. D A L E A V E S . D A L E A V E . CRESCENT AVE S .B E A C H B L V D W. LINCOLN AVE 420 North Magnolia Avenue DEV No. 2015-00002 Subject Property APN: 071-491-32071-491-30 °0 50 100 Feet Aerial Photo:May 2014 W CRESCENT AVE N M A G N O L I A A V E N H A N O V E R S T N H A R C O U R T S T W BAYLOR CIR W M A D I S O N C I R W CAMERON CT W MADISON CIR W M A D I S O N C I R W MADISON CIR W. LINCOLN AVE W. BROADWAY W. LA PALMA AVE W. CRESCENT AVEN. M A G N O L I A A V E N . B R O O K H U R S T S TN. D A L E A V E S . D A L E A V E . CRESCENT AVE S .B E A C H B L V D W. LINCOLN AVE 420 & 440 North Magnolia Avenue DEV No. 2015-00002 Subject Property APN: 071-491-32071-491-30 °0 50 100 Feet Aerial Photo:May 2014 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING RECLASSIFICATION NO. 2015-00277 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00002) (420 AND 440 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for reclassification, designated as Reclassification No. 2015-00277, for that certain real property located at 420 and 440 North Magnolia Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property consists of two parcels, one of which is is currently undeveloped and is located in the "T" Transition Zone. The second parcel is also undeveloped and is located in the "C-G" Commercial General Zone. The Anaheim General Plan designates this Property for Corridor Residential land uses; and WHEREAS, the applicant requests to rezone or reclassify the Property from the "T" Transition Zone and the “C-G” General Commercial Zone to the "RS-4" Single-Family Residential Zone; and WHEREAS, Reclassification No. 2015-00277 is proposed in conjunction with Tentative Tract Map No. 17882 and Conditional Use Permit No. 2015-05804 to establish a 25-lot residential subdivision with 12 lettered lots to allow for the development of 25 single-family homes on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 11, 2016 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00277, Conditional Use Permit No. 2015-05804 and Tentative Tract Map No. 17882, and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"); and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of the CEQA Guidelines". Specifically, the Proposed Project (a) is consistent with the applicable General Plan designation and all applicable General Plan policies - 2 - PC2016-*** and, upon approval of Reclassification No. 2015-00277, will be consistent with the applicable zoning designation and regulations, (b) is no more than five acres in size substantially surrounded by urban uses, (c) has no value as a habitat for endangered, rare or threatened species, (d) would not result in significant effects relating to traffic, noise, air quality, or water quality, and (e) the Property can be adequately served by all required utilities and public services. Accordingly, pursuant to Section 15332 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Reclassification of the Property from the "T" Transitional Zone and the “C- G” General Commercial Zone to the "RS-4" Single-Family Residential Zone is consistent with the Property’s existing Corridor Residential land use designation in the General Plan. Table LU-2 in the Land Use Element of the General Plan indicates the “Typical Implementing Zones” for the Corridor Residential designation. The proposed “RS-4” Single-Family Residential Zone designation is not listed as a “Typical Implementing Zone” for the Corridor Residential designation in this table; however, there is a provision in the Land Use Element that also states: “In addition to the typical zoning designations listed above, other zones may be substituted for the typical implementation zones, provided that the overall density ranges established by the General Plan are not exceeded.” The density range for the Corridor Residential designation that applies to the Property is 0 to 13 units per acre. The Proposed Project is proposed at 9.03 units per acre, which is within the maximum permitted density established by the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the surrounding Open Space-Parks, Low-Density Residential, Residential-Low/Medium, and Residential- Medium Density land use designations which are developed with a public recreational golf course, single family homes, and multi-family homes located adjacent to the south, east and west. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve Reclassification No. 2015-00277 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the Property into the "RS-4" Single-Family Residential Zone and recommends that the City Council - 3 - PC2016-*** adopt an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00277. BE IT FURTHER RESOLVED that this Resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the Property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** [DRAFT] ATTACHMENT NO. 2 - 1 - PC2016 -*** RESOLUTION NO. PC2016 -*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05787 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00002) (420 AND 440 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05787 to permit a 25-unit, small lot single family residential subdivision for that certain real property located at 420 and 440 North Magnolia Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property consists of two parcels, one of which is currently undeveloped and is located in the "T" Transition Zone. The second parcel is also undeveloped and is located in the "C-G" Commercial General Zone. The Anaheim General Plan designates this Property for Residential Corridor land uses; and WHEREAS, all development within the "RS-4" Single-Family Residential Zone is subject to the provisions of Section 18.04.160 (Development in the RS-4 Zone) of Chapter 18.04 (Single-Family Residential Zones) of the Anaheim Municipal Code (the "Code"), which provides that all such development is subject to the approval of a conditional use permit; and WHEREAS, Conditional Use Permit No. 2015-05787 is proposed in conjunction with Reclassification No. 2015-00277, which is a request to rezone or reclassify the Property from the "T" Transition Zone and the “C-G” General Commercial Zone to the "RS-4" Single-Family Residential Zone, and Tentative Tract Map No. 17858, which would establish a 25-lot single family residential subdivision on the Property (collectively referred to herein as the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 25, 2016 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00277, Conditional Use Permit No. 2015-05787 and Tentative Tract Map No. 17858, and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code"); and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and - 2 - PC2016 -*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit a 25-lot single-family residential subdivision with a deviation from the City’s private street standard pertaining to street and parkway widths, does find and determine pursuant to Subsection .060 of Section 18.04.160 (Development in the RS-4 Zone) of the Code, the following facts with respect to Conditional Use Permit No. 2015- 05787: 1) The uses within the Proposed Project are compatible with surrounding land uses. 2) New buildings or structures related to the Proposed Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. The lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood and is not anticipated to adversely affect development of the area. With the modifications of certain standards described herein and under the conditions imposed, the size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health, safety and general welfare of the public. 3) Vehicular and pedestrian access are adequate in that Public Works Staff determined that a traffic study is not required for the Proposed Project since it does not meet the minimum threshold of 100 vehicle trips in the a.m. or p.m. peak hours. The City’s Traffic Study Guidelines state that a traffic study is only required when a project’s trips generation is expected to exceed 100 vehicle trips in the a.m. or p.m. peak hours. The Proposed Project would generate traffic well below this threshold and, therefore, a traffic study was not required. The overall net increase of 24 new homes would not exceed the City’s General Plan, which allows a density of up to 13 dwelling units per acre. 4) The Proposed Project is consistent with the City’s "Guidelines for Small-Lot Development" in that the proposed development incorporates these guidelines into the project based on the size of the lots, adequate private yard areas, varied architectural features, and private streets which include connective sidewalks and parkways. 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area in that the Proposed Project, with the modifications of certain standards described herein below and under the conditions imposed, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the lot sizes and widths proposed are adequate to ensure quality design that is compatible with the adjacent residential neighborhood and therefore it is not anticipated to adversely affect development of the area. 6) The Proposed Project has been designed to accommodate the required on-site parking, vehicular circulation, and trash collection and the traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A street deviation was requested by the applicant and approved by the City Engineer to allow waiver of the parkway and minimum street width for all private streets within the project site. 7) The impact upon the surrounding area has been mitigated to the maximum extent practicable in that site development standards proposed for the Proposed Project are consistent with the development standards of the "RS-4" Single-Family Residential Zone and the Corridor Residential General Plan designation. - 3 - PC2016 -*** 8) The Proposed Project complies with the General Plan and Subdivision Map Act in that the City’s General Plan Land Use designation allows up to 13 dwelling units per gross acre, whereas the Proposed Project is 9.03 dwelling units per gross acre. The detached, single-family small-lot subdivision is compatible with uses that surround the project site. The Proposed Project is consistent with the site development standards of the “RS-4” Single-Family Residential Zone; thus, the size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project. 9) The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2015-05787, contingent upon and subject to (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-4" Single-Family Residential Zone in accordance with Reclassification No. 2015-00277, (2) approval of Tentative Tract Map No. 17858, and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - PC2016 -*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016 -*** - 6 - PC2016 -*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2015-05787 (DEV2015-00002) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The Water Quality Management Plan ("WQMP") for the Project shall be submitted for review and approved by the Development Services Division of the Public Works Department. Public Works, Development Services 2 The developer/owner shall submit a set of improvement plans for Public Utilities Department Water Engineering Division review and approval in determining the conditions necessary for providing water service to the project. Public Utilities – Water Engineering 3 An all-weather access road, as approved by the Fire Department, shall be provided during construction. Fire Department 4 The owner shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Water Discharge Identification (WDID) Number. The owner shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. Public Works, Development Services PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 5 All individual residential units shall have addressing readily readable from the street, indicating the address of that unit. All addressing shall be free from obstruction and either well lit during hours of darkness or of a highly contrasting color to its background. Police Department 6 All exterior doors shall have adequate security hardware, e.g. deadbolt locks. Police Department 7 Wide-angle peepholes or other viewing device shall be designed into all dwelling-unit front doors and all solid doors where exterior visibility is compromised. Police Department 8 Door locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn-piece. Police Department - 7 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Police Department 10 The developer shall post bonds for improvements in the public right- of-way in an amount and form that is satisfactory to and approved by the City Engineer or his authorized representative. Public Works, Development Services 11 Prior to issuance of the grading permit and right-of-way construction permit for the sewer, whichever occurs first, a Save Harmless Agreement in-lieu of an Encroachment Agreement is required to be executed in a form that is satisfactory to and approved by the City Engineer or his authorized representative and recorded by the applicant as a lien on the property for any storm drains connecting to a City storm drain. Public Works, Development Services 12 The proposed “Street A” shall have stop control at Magnolia Avenue. Building plans shall show a stop sign on the private drive and a stop bar and legend painted on the street per the latest versions of the City of Anaheim Engineering Standard Details 434 and 436. Public Works, Development Services, Traffic Engineering 13 The developer shall submit a sewer improvement plan to the Public Works Department for construction of the private sewer system, which shall be in a form that is satisfactory to and approved by the City Engineer or his authorized representative. The improvements shall be constructed prior to final building and zoning inspection. The sanitary sewers for this development shall be privately maintained. Public Works, Development Services PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 14 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division of the Anaheim Public Utilities Department outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and satisfactory to and approved by the Water Engineering Division and the Cross Connection Control Inspector. Public Utilities, Water Engineering 15 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering - 8 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 All existing water services and fire services shall conform to current Water Services Standard Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering 17 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Declaration of Covenants, Conditions and Restrictions for the project. Public Utilities, Water Engineering 18 The developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering Division review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities, Water Engineering 19 The developer/owner shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering 20 Water improvement plans shall be submitted to the Public Utilities Department Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities, Water Engineering - 9 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities, Water Engineering 22 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded CC&R’s for the project and the City easement deeds. Public Utilities, Water Engineering 23 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: - A 10-foot minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals shall be provided. - A 5-foot minimum separation from all other utilities, including storm drains, gas, and electric shall be provided. - A 6-foot minimum separation from curb face. Public Utilities, Water Engineering 24 A minimum of two connections to public water mains and water looping inside the project are required. Public Utilities, Water Engineering 25 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities, Water Engineering 26 No public water mains or laterals shall be allowed under parking stalls or parking lots or within Street "D" and Street "E". The looping public water main shall be installed in Streets "A", "B", and "C". No wall shall be allowed over the City public water main at the end of Street "C". The City will consider allowing a wrought iron fence at the end of Street "C" in lieu of a wall. Water meters for lots on Streets "D" and "E" shall be installed and banked along Streets "A" and "B". Public Utilities, Water Engineering 27 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 28 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities, Electrical Engineering - 10 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE FINAL MAP APPROVAL 29 Parcel Map 2014-143 shall be approved, in substantial conformance with Planning Commission in Resolution PC2014-091, and recorded or the Lot Line Adjustment shall be approved and recorded to adjust the line between Parcel 1 or Certificate of Compliance 2004-00054 and the retail center property. Public Works, Development Services 30 The legal property owner shall post a security and execute a Subdivision Agreement to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer and in a form approved by the City Attorney. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works, Development Services PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 31 Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 32 An automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Fire Department 33 The developer shall submit a request for street names for the private streets. The street names must be approved by the Planning Division and placed on the final map. Public Works, Development Services 34 The developer shall submit street improvement plans to the Public Works department to construct a 5-foot wide sidewalk adjacent to the right-of-way line, in conformance to Public Works standard detail no. 110-E, install landscape and irrigation between the sidewalks and curb on Magnolia Street, remove and replace any damaged existing curb, gutter, and sidewalk, and grind and cap existing pavement in Magnolia Street up to the street centerline within the frontage of the parcel. The improvements shall be constructed prior to final building and zoning inspection. Public Works, Development Services 35 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on North Magnolia Street, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. Public Works, Development Services - 11 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 36 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP. Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works, Development Services 37 The developer shall construct private streets in conformance with City of Anaheim standard 162 and the approved deviation from the City Engineer. Public Works, Development Services 38 Fire lanes or no parking zones shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works, Development Services 39 The proposed “Street A” shall have stop control at Magnolia Avenue. Building plans shall show a stop sign on the private drive and a stop bar and legend painted on the street per the latest versions of the City of Anaheim Engineering Standard Details 434 and 436. Public Works, Development Services 40 Vehicle gates shall not be installed across Private Street “A” project entry without providing a vehicle turnaround area to the satisfaction of the City Standard Details and the City Engineer. Public Works, Development Services 41 All required public improvements shall be completed and operational and submitted for approval to the Construction Services Division Inspector. Public Works, Development Services 42 All required WQMP improvements shall be operational and verified by the Construction Services Division Inspector and the Development Services Division. Public Works, Development Services 43 All sidewalks shall be ADA compliant. Public Works, Development Services 44 All required street, landscaping, irrigation, sewer and drainage improvements shall be constructed prior to final building and zoning inspections and are subject to review and approval by the Construction Services inspector. Public Works, Construction Services GENERAL 45 Lot 25 shall not exceed 35 feet/2 stories. Planning Department - 12 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 46 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department 47 Vehicle gates shall not be installed across the project driveway without providing a vehicle turnaround area to the satisfaction of City Standards and the City Engineer. Public Works, Development Services, Traffic Engineering 48 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department 49 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department 50 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 51 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning Department [DRAFT] ATTACHMENT NO. 3 - 1 - PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17858 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00002) (420 AND 440 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Tentative Tract Map No. 17858 to establish a 25-lot single-family residential subdivision for that certain real property located at 420 and 440 North Magnolia Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property consists of two parcels, one of which is currently undeveloped and is located in the "T" Transition Zone. The second parcel is also undeveloped and is located in the "C-G" Commercial General Zone. Tentative Tract Map No. 17858 is proposed in conjunction with Reclassification No. 2015-00277, which is a request to rezone or reclassify the Property from the "T" Transition Zone and the “C-G” General Commercial Zone to the "RS-4" Single-Family Residential Zone, and Conditional Use Permit No. 2015-05787, which is required under Section 18.04.160 of the Anaheim Municipal Code (the "Code") for all development in the "RS-4" Single-Family Residential Zone (herein referred to as "CUP No. 2015-05787"). The Anaheim General Plan designates this Property for Corridor Residential land uses; and WHEREAS, Tentative Tract Map No. 17858 is contingent upon adoption by the City Council of an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00277, which may be approved or denied by the City Council in its sole discretion; and WHEREAS, the development comprising Tentative Tract Map No. 17858, CUP No. 2015-05787 and Reclassification No. 2015-00277 shall be referred to herein as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 25, 2016 to hear and consider evidence for and against the Proposed Project, including proposed Reclassification No. 2015-00277, Conditional Use Permit No. 2015-05787 and Tentative Tract Map No. 17858 and to investigate and make findings and recommendations in connection therewith. Notice of said public hearing was duly given as required by Section 65090 of the California Government Code and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code; and WHEREAS, by the adoption of a separate resolution concurrently with but prior in time to this Resolution, this Planning Commission has heretofore found and determined, as the “lead agency” under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), that the Proposed Project is within that class of projects which consist of in-fill development meeting the conditions described in Section 15332 - 2 - PC2016-*** of Title 14 of the California Code of Regulations ("CEQA Guidelines") and, pursuant to Section 15332 of the CEQA Guidelines, is categorically exempt from the provisions of CEQA; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to establish a 25-lot single-family residential subdivision, does find and determine the following facts: 1. The proposed subdivision, including its design and improvements, and with the conditions imposed under CUP No. 2015-05787, is consistent with the Corridor Residential land use designation in the Anaheim General Plan and, once the City Council has adopted an ordinance reclassifying the Property in accordance with Reclassification No. 2015-00277, will be consistent with the zoning and development standards contained in Chapter 18.04 of the Code pertaining to single-family detached projects within the "RS-4" Single-Family Residential Zone. 2. The site is physically suitable for the type and size of the proposed residential subdivision. 3. The design of the subdivision, with the conditions imposed under CUP No. 2015-05787, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because no sensitive environmental habitat has been identified on the site. 4. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, since any new structures and associated site improvements will be constructed on the property in compliance with the conditions imposed under CUP No. 2015- 05787 and other related Code requirements. 5. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Tract Map No. 17858, contingent upon (1) the adoption by the City Council of an ordinance reclassifying the Property within the "RS-4" Single-Family Residential Zone in accordance with Reclassification No. 2015-00277, (2) the conditions imposed under CUP No. 2015-05787, and (3) the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of - 3 - PC2016-*** approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 25, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 25, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-*** - 6 - PC2016-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17858 (DEV2015-00002) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL 1 Parcel Map 2014-143 shall be approved, in substantial conformance with Planning Commission in Resolution PC2014-091, and recorded or the Lot Line Adjustment to adjust the line between Parcel 1 or Certificate of Compliance 2004-00054 and the retail center property. Public Works, Development Services 2 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Site demolition shall be per a rough grading permit from Public Works. Public Works, Development Services 3 The vehicular access rights to Magnolia Avenue, except at the private street openings, shall be released and relinquished to the City of Anaheim. Public Works, Development Services 4 The legal property owner shall pay when due development impact fees required under the Anaheim Municipal Code. Public Works, Development Services 5 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for the corner cutback right-of-way for road, public utilities and other public purposes for both sides of the private street curb ramps at Magnolia Avenue. Public Works, Development Services 6 Prior to final map approval, Tract Map No. 17858 shall be approved, in substantial conformance with the Planning Commission resolution for this project. Public Works, Development Services 7 The developer shall submit a request for street names for the private streets. The street names must be approved by the Planning Division and placed on the final map. Public Works, Development Services 8 The developer shall submit a sewer improvement plan, to the Public Works department for construction of the private sewer system. The improvements shall be constructed prior to final building and zoning inspection. The sanitary sewers for this development shall be privately maintained. Public Works, Development Services - 7 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Prior and as a condition precedent to the approval by the City of the Final Map for Tract No. 17858 and its recordation with the County Recorder, the applicant will be required to execute, in recordable form, an unsubordinated Declaration of Covenants in such form as may be acceptable to the Planning Director, the City Engineer and City Attorney (or their duly authorized representatives) to ensure that the private on-site common areas and facilities (including, but not limited to, private sewer, private street, and private storm drain improvements) and those public improvements that are not accepted by the City for maintenance will be maintained by a Homeowners' Association. The Declaration of Covenants will also ensure compliance with approved Water Quality Management Plan and maintenance of drainage devices, parkway landscaping and irrigation on Magnolia Avenue, the private street name sign and the Private Street. Public Works, Development Services 10 Prior to final map approval the Lot Line Adjustment (LLA-0000738) shall be approved and recorded to adjust the northerly property boundary. Public Works, Development Services 11 The legal property owner shall post a security and execute a Subdivision Agreement in a form that is satisfactory to and approved by the City Engineer and the City Attorney (or such persons' authorized representative) to complete the required public improvements at the legal owner’s expense in an amount approved by the City Engineer. Said agreement shall be submitted to the Public Works Department, Subdivision Section for approval by the City Council. Public Works, Development Services 12 A maintenance covenant shall be submitted to the Subdivision Section in a form that is satisfactory to and approved by the City Engineer and the City Attorney (or such persons' authorized representative). The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on Euclid Avenue, the private street name sign and the Private Street. The covenant shall be recorded concurrently with the final map. Public Works, Development Services 13 All lots shall be assigned street addresses by the Building Division. The street name for the private street shall be submitted to and approved by the Building Division. Planning Department, Building Division - 8 - PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 14 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning Department Planning Services Division 15 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning Department Planning Services Division 16 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department Planning Services Division 17 The property shall be developed substantially in accordance with plans and specifications submitted by the applicant to, and approved by, the City of Anaheim, which plans are on file with the Planning Department. Planning Department Planning Services Division PROJECT SUMMARY Development Standard RS-4 Standards Proposed Project Site Area - 2.77 acres Density (Corridor Residential) 13 du/ac max. 9.03 du/ac Lot Area* Subject to 18.04.160 1,617-2,522 square feet (1,812 sq. ft. average) Lot Width* Subject to 18.04.160 33-39 feet Building Height* 35 feet or 2 stories max. 25’10”- 34 feet Floor Area* 1,225 sq. ft. min. 1,851-2,395 sq. ft. Maximum Site Coverage* 50% max. 48% - 63% Front Yard Setback* 10 feet min. 6 inches Side yard Setback* 5 feet min. 3 feet Rear yard setback* 15 feet min. 7.5-8 feet Parking 100 spaces 4 on-site parking spaces per unit min. (2 garage spaces and 2 driveway spaces in front of garage) 2 garage spaces per unit and 50 guest spaces for a total of 100 parking spaces for the entire project site *May be established or modified by CUP ATTACHMENT NO. 4 Justification Letter for Conditional Use Permit and Tentative Tract Map TTM 17858 added to current application DEV2015-00002 (A.P. no’s. 071-491-32 & 071-491-30 subject to parcel map No. 2014-143) Magnolia Avenue SIC Acquisitions LLC November 5, 2015 Development application # 2015-00002 has a General Plan Land Use designation of Residential Corridor. Parcel No. 071-491-32 has a zoning designation of Transitional. Parcel No. 071-491-30 has a zoning designation of General Commercial. SIC Acquisitions LLC is requesting a reclassification of the property from Transitional and General Commercial zoning to the RS-4 Zone. In accordance with the RS-4 Zone requirements, we wish to include a Conditional Use Permit request to establish comprehensive site design and setbacks for our proposed 25 single family dwelling development. The application also includes a filing for a subdivision map Tentative Tract Map 17858 to subdivide the existing project site into 25 single family lots, twelve (12) HOA lots and one private street lot. Conditional Use Permit- RS-4 Zone Per Anaheim Municipal Code 18.4.160, all development in the RS-4 Zone shall be subject to the approval of an application for a conditional use permit approved by the Planning Commission. Therefore, we respectfully request consideration of this 25 unit detached single family residential subdivision proposal to include a request for Planning Commission review and approval of our site plan through a conditional use permit per Section 18.66 of the Anaheim Municipal Code. In support of this request, the proposed project complies with development standards specified in Section 18.04.160 related to maximum density of 13 du/ac; whereas the proposed project’s gross density is 9.03 du/ac. The RS-4 Zone allows modification of the maximum lot coverage and setback requirements of the project. The project has two (2) floor plans as follows. Plan 1- 1,851(option 1a) to 2,395 (option 1opt)SF (first floor- 776 SF; second floor 1,075 (option 1a)-1179 SF (option 1opt); garage 425 SF; entry porch 24 SF, covered patio 124 SF and an optional third floor 440 SF(option 1opt)) ATTACHMENT NO. 5 Plan 2- 2,394 SF (first floor- 568 SF; second floor 866 SF; third floor 960 SF; garage 451 SF; entry porch 75 SF) Enhanced building elevations have been provided on the units adjacent to Magnolia Ave. All lots do exceed the 50% maximum building site coverage prescribed within RS-4 development standards at approximately 63% The building site coverage and setbacks are established by this CUP process. The proposed single family dwelling building height for Plan 1 is 25’ 10” to 32’5”, Plan 2 is 34’. The project also proposes rear yards that average in depth 7’ 6”. The project as proposed provides two (2) off-street parking spaces for each dwelling within a 2-car enclosed attached garage. Additionally, onsite parking is provided for 50 cars. The Applicant also proposes to plant trees along the perimeter of the project in order to obscure the view into adjacent properties. The streets within the project will be privately maintained. The proposed project also would prepare and process a lot line adjustment as a part of the final map for the commercial shopping center to convey a portion of its property to SIC Acquisitions. Currently the shopping center has 151parking spaces (see exhibit #1). The conveyance of a portion of this property would reduce the number of parking spaces by 18 to 133 spaces. Code requires the commercial center provide a minimum of 128 spaces. The project has an existing storm drain system to connect to in Magnolia Ave. The project proposes to use a Maxwell drywell storm drain / WQMP system which will be installed on Dad Miller golf course. The project application also includes a SWMP as required by the Public Works, Operations Department. Sewer capacity has been analyzed and sufficient capacity is available for 25 units. The proposed project will not adversely affect adjoining land uses, as the use is consistent with the adjacent uses and allowable density for the site. The proposed project provides a compatible traditional single family residential design and is compatible and consistent with the adjoining single family units to the east of the site. The proposed site is large enough and able to accommodate the proposed project design without negatively affecting the residential area and surrounding areas. The traffic generated from the proposed development is consistent with existing General Plan designated uses that would allow up to 13 du/ac on the site. Thus, the adjoining streets are capable of accepting traffic generated from this infill development. Finally, approval of this conditional use permit with conditions of approval will not harm the health and safety of the citizens of Anaheim by the very nature that this is a proposal for a residential project in a residential area that is consistent with surrounding development and infrastructure. Tentative Tract Map TTM 17858 Please amend our application to include this formal filing for a Tentative Tract Map to subdivide the existing 2.77 acre project site into 25 single family lots, twelve (12) landscaped HOA lots, sidewalk and one private street lot. Proposed density is 9.03 du/ac. Please note that the City Engineer has approved the request to deviate from City Standard No 162 as follows; Street “A” provides a private street easement dimension of 42’. This street incorporates a 28’ curb to curb pavement dimension and a 4’sidewalk with a 3’ parkway on the north side and a 4’ sidewalk with a 3’ parkway on the south side. We request a reduction in the parkway width from 6’ to 3’. Street “B” provides a private street easement dimension of 41’. This street incorporates a 28’ pavement dimension from the easterly parking stalls, 8’ parallel parking stall, a 1’ planter and a 4’ sidewalk on the west side. We are request a reduction in the parkway width from 6’ to 1’. Streets “C”, “D” provides a private street easement dimension of 36’. These streets incorporate a 24’ curb to curb pavement dimension, a 4’ parkway and sidewalk on the south side and a 4’ sidewalk on the north side. Street “E” provides a private street easement dimension of 32’. This street incorporates a 20’ curb to curb pavement dimension, a 4’ parkway and 4’ sidewalk on the east side north side and a 4’ sidewalk on the west side. The project provides off-street parking to satisfy requirements of the municipal code without any off-site parking. The proposed subdivision design and proposed improvements is consistent with the City’s General Plan for Residential Corridor designation with density allowance up to 13 du/ac. We believe that the design and improvements, with conditions of approval for site improvements that the site is physically suitable for the proposed density of development, that the proposed subdivision map does not conflict with any existing easements, and that access is restricted to North Magnolia Street and therefore should be recommended for approval. If there are any additional materials or information required, please notify me immediately. Please contact me directly should you have any questions 949-254-0135. Respectfully, Jeff Weber SIC Acquisitions LLC Magnolia TTM 17858 440 N. Magnolia Avenue Proposed Project Description: This project will consist of a Tentative Tract Map subdivision application and associated Site Plan Review for the proposed subdivision and development of the 2.77 acre site into 25 single family detached residential building sites. The project will require a Tentative Tract Map and Conditional Use Permit which is allowed under the current RS4 zoning. A street deviation is being requested for a reduction of the parkways and street width. The subdivision improvements will include the installation of BMP’s (to be maintained by the home owners’ association, “HOA”), connecting to the existing 8” sewer in Crescent Ave. and connecting to the existing water in Magnolia Ave. All interior streets will be maintained by the HOA. There are no additional dedications required for the Magnolia Ave. frontage. Onsite parking is provided with 50 spaces in the garages and 50 in the guest parking spaces for a total of 100 spaces. Site development will also include the removal of the remaining trees and perimeter chain link fence. Additionally, the southern driveway approach on Magnolia Ave. that services the adjacent shopping center will be relocated north approximately 50’. The relocation is necessary due to eliminating 14 existing parking spaces on the southern edge of the shopping center property to accommodate the development of this project. No other improvements are required to the shopping center. The owners of the shopping center will be executing a “Fire Lane” easement to the City of Anaheim prior to final map recordation for tract 17858. Street deviation request: Street “A”, provides a private street easement dimension of 42’, consisting of 28’ pavement dimension from curb to curb, a 4’wide public access sidewalk and a 3’ parkway on the north and south side of the street. Street “B”, provides a private street easement of 41’, consisting of a 28’ pavement dimension from the curb to the head in parking spaces, a 4’ public access sidewalk and a 1’ parkway on the west side. Streets” C” and “D” provide a private street easement of 36’, consisting of a 24’ pavement dimension from curb to sidewalk, a 4’ parkway with a 4’ public access sidewalk on the south side and a 4’ public access sidewalk on the north side. Street “E” provides a private street easement of 32’, consisting of a 20’ pavement dimension from curb to sidewalk, a 4’ public access sidewalk on the west side with a 4’ parkway with a 4’ public access sidewalk on the east side. Fifty (50 ) guest parking spaces are provide along the east and west side of B street. A fifteen (15) foot landscape setback is located adjacent to Magnolia Ave. This design provides for Fifty (50 ) guest parking spaces in addition to the Fifty (50) resident parking spaces. This design also reflects removing twenty (20) feet of the existing parking lot from the south side commercial center located to the north of the project. By removing the twenty feet, a twenty (20’) foot fire lane will remain to provide access to the rear of the commercial center. Attached are the parking exhibit and parking tabulations that show with the removal of 14 parking spaces the south side on the parking lot, there remains sufficient parking. All lots are a minimum of 1,617square feet. Magnolia Ave. currently has a paved sidewalk, ten (10) feet in depth that runs along the entire project frontage. We will remove four (4) foot existing sidewalk adjacent to the curb and replace the sidewalk with a landscaped parkway that will be maintained by the Homeowners Association. A 6’perimeter block fence will be constructed along the Magnolia Ave. street frontage and up to 8’ wall along the north boundary to separate the commercial center from the new residences. Additionally, a 3’ block retaining wall will be constructed along the Magnolia Ave. frontage. All other perimeter fencing will be 6’vinyl. All front returns and side yard fencing will be 6’vinyl. Attached are the architectural renderings for the project. The residences will consist of a mix of Three (3) floor plans and 1 elevation style for the project consisting of Craftsman style. The plan 1 is a 2-story home consisting of approximately 1,851 square feet with an attached 2-car garage. Plan 1B is an option for a third floor that increases the square footage to 2,395 square feet. The plan 2 is a 3-story home consisting of approximately 2,394 square feet with an attached 2-car garage. Side yard setbacks are 3’ as shown on the Site Plan. The homes along Magnolia Ave. will have side yards and rear yards to the street. These homes will have additional exterior architectural features and enhanced fenestration to provide a delightful street scene. All the landscaping within the project and along Magnolia will be maintained by the Homeowners Association. All of the homes will also have fire sprinklers. Trash service will be provided with a two barrel system since the size of the yards does not warrant a green waste bin. The preliminary Hydrology report has been submitted and approved. There is no cross lot drainage from the adjacent properties. This project is follow-on to our successful 25 home project on W. Ball Road known as West Grove. We received strong staff and neighborhood support and unanimous planning commission and City Council approval for the West Grove project. The final subdivision map for that project recorded in December 2011 and the project is now built out. The city’s insight in supporting that project will uplift other new infill development to the higher standards we introduced at West Grove. With strong staff and city support, we see no reason our new project on Magnolia Avenue won’t be just as successful. ATTACHMENT NO. 6 CITY OF ANAHEIM ENVIRONMENTAL CHECKLIST FORM CLASS 32 CATEGORICAL EXEMPTION INFILL DEVELOPMENT PROJECTS** CASE NO.: DEV2015-00002 RECLASSIFICATION NO. 2015-00277 CONDITIONAL USE PERMIT NO. 2015-05787 TENTATIVE TRACT MAP 17858 PROJECT APPLICANT: Jeff Weber Silveroak Capital Corporation 19100 Von Karman Avenue, Suite 400 Irvine, CA 92612 jweber@silveroakcapital.com PROJECT ADDRESS: 420 and 440 North Magnolia Avenue APN(s): 071-491-32 & 071-491-30 PROJECT LOCATION: ATTACHMENT NO. 7 SURROUNDING LAND USES AND SETTING: The 2.77-acre project site consists of two parcels and is currently developed with a commercial center on the north and a vacant lot on the south. There was previously a single family home on the southernmost area of the property. The properties are located in the “T” Transition and “C-G” General Commercial zones. The properties are designated for Residential-Corridor land uses by the General Plan. Surrounding land uses include a commercial center to the north, single-family homes in the RS-2 zone to the east and multi-family RM-2 and RM-4 zones to the west, and a public recreational golf course to the south. PROJECT DESCRIPTION: The applicant proposes to construct 25 detached, small lot single- family residences using the RS-4 (Single-Family Residential) zone development standards. The net lot sizes (not including the right-of-way) would range between 1,617 square feet and 1,950 square feet in size. The two to three-story homes would range from 1,851 to 2,395 square feet in area. Two different plans are proposed, consisting of three and four bedroom units. The homes would have Traditional, and Craftsman-style architecture. The designs feature neutral-toned tan, gray, and brown-colored facades, stucco walls, wood shutters, stone veneer base, window trim, and composition shingle roofs. A 6 foot perimeter block wall set back 15 feet from the right-of-way and a separate 3 foot block retaining wall will be constructed along the Magnolia Avenue street frontage. Along the north boundary, a block wall will be constructed up to 8’ high to separate the commercial center from the new residences. All other perimeter fencing will be 6’vinyl. All front returns and side yard fencing will be six-foot high vinyl fencing which would separate the private yards for each home and along the south property line of the project site. A homeowner’s association would oversee maintenance of the private streets, sidewalks, and parkways. GENERAL PLAN DESIGNATION: Residential-Corridor ZONING: Reclassification to rezone the property from the “T” Transition and “C-G” General Commercial zones to the “RS-4” Single-family Residential zone INFORMATION DEMONSTRATING THAT THE PROJECT SATISFIES THE CONDITIONS DESCRIBED IN SECTION 15332 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS: 1. Is the project consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations? Table LU-2 in the Land Use Element of the General Plan indicates the RM-1 as “Typical Implementing Zones” for the Residential Corridor designation. The current zoning designation for the subject site is “T” Transition. The proposed RS-4 zoning designation is not listed as a “Typical Implementing Zone” for the Residential Corridor designation in this table; however, there is a provision in the Land Use Element that states: “In addition to the typical zoning designations listed above, other zones may be substituted for the typical implementation zones, provided that the overall density ranges established by the General Plan are not exceeded.” The density range for the Residential-Corridor designation that applies to the subject site is 0 to 13 units per acre. This project is proposed at approximately 9.03 units per acre which is within the maximum permitted density established by the General Plan. The developer proposes to utilize the RS-4 zone as it provides the flexibility needed to achieve the requested lot sizes and widths while maintaining the allowable General Plan density. The intent of the RS-4 zone is to provide for and encourage the development of high-quality residential units on infill lots, in order to provide additional housing choices and to use land efficiently. The proposed project would also be in conformance with the Land Use Element of the General Plan, which includes the following goals: Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Goal 3.2: Maximize development opportunities along transportation routes. Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. The project would also be consistent with, and would help implement, the Housing Element of the General Plan which contains various goals and strategies aimed at encouraging the development of housing to support the City’s existing and future housing needs. 2. Is the proposed development located within the City limits on a project site of no more than five acres substantially surrounded by urban uses? The 2.77-acre project site is in the City of Anaheim and consists of two parcels. The properties are located in the “T” Transition and “C-G” General Commercial zones. The properties are designated for Residential-Corridor land uses by the General Plan. Surrounding land uses include a commercial center to the north, single-family homes in the RS-2 zone to the east and multi-family RM-2 and RM-4 zones to the west, and a public recreational golf course to the south. 3. Does the project site have value as habitat for endangered, rare or threatened species? The project site was previously developed with a single family home and has no habitat value for endangered, rare or threatened species. 4. Would approval of the project result in any significant effects relating to traffic, noise, air quality, or water quality? a. Traffic: Construction - There would be a temporary minor increase in traffic due to construction vehicles during the construction phase. However, this impact would be temporary. No significant impacts would occur. Operation - The proposed project consists of 25 detached, small lot single-family residences. Based on Institute of Transportation Engineers Trip Generation Handbook 9th Edition, the project is estimated to generate 19 trips during the AM Peak Hour, and 25 trips during the PM Peak Hour. The one existing single family dwelling unit on the site generated 1 AM Peak Hour trips and 1 PM Peak Hour trips, resulting in a net increase of 18 AM Peak Hour Trips and 24 PM Peak Hour Trips. The net increase in vehicular trips would not create a significant traffic impact. Additionally, the City of Anaheim Traffic Study Guidelines state that a traffic study is required when a project’s trips generation is expected to exceed 100 vehicle trips in the AM or PM peak hour. The Proposed Project would generate traffic well below this threshold and therefore a traffic study is not required. Neither roadway segments nor immediately surrounding intersections would be significantly impacted as a result of the additional trips from the Proposed Project. b. Noise: Construction The Project would generate temporary noise during construction activities. Equipment used during construction could create noise impacts through the duration of the construction process. However, these impacts are temporary and would cease upon completion of construction. Chapter 6.70 of the City’s noise ordinance exempts construction noise between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday Adherence to the City Noise ordinance would result in no significant impacts. Operation The Project is a single family residential development that, when constructed, would generate noise impacts consistent with those of surrounding land uses. No significant impacts would occur. c. Air Quality: The Project site is located within SoCAB which is characterized by relatively poor air quality and is a Federal- and State-designated nonattainment area for O3, PM10 and PM2.5 (US EPA 2012). SCAQMD has established significance thresholds for both construction and operational activities relative to these criteria pollutants. Based on the following analysis, implementation of the Project would result in less than significant impacts relative to the daily significance thresholds for criteria air pollutant construction emissions established by the SCAQMD. Construction - The proposal consists of the construction of 25 single-family residences on a 2.77-acre parcel. General construction activities, such as site preparation, including demolition of parking lot asphalt, grading, and travel by construction workers can contribute to air pollutants. All construction activities would comply with SCAQMD Rule 403 (SCAQMD 2005) regarding the control of fugitive dust emissions, and existing City dust suppression practices that minimize dust and other emissions. Such controls include frequent watering of the site, the covering and/or wetting of trucks hauling dirt, sand, soil or other loose materials off-site, street sweeping, as needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site, suspending grading and excavation activities in high winds (25 miles per hour [mph] or more) as well as implementation of a traffic control plan to minimize traffic flow interference from construction activities, etc., that would be incorporated into the construction plans. Construction of the Project is conservatively anticipated to last 21 months and construction would be broken into three phases: demolition, grading, and building construction (which consists of building construction, paving, and architectural coating). Pollutant emissions resulting from Project construction activities were calculated using the CalEEMod model. Construction emissions are based on conservative assumptions, which imply a default equipment mix and a worst-case construction schedule. As shown in Table 1, entitled “Project-Related Construction and Operational Emissions,” the incremental increase in emissions from Project construction activities fall well below SCAQMD significance thresholds for regional emissions. Operation - The Project’s incremental increase in regional emissions resulting from operation of the Project would not exceed any SCAQMD thresholds. Mobile source emission calculations utilize the vehicle miles traveled (VMT) rate calculated by CalEEMod, based on the specific proposed land use and intensity. The daily VMT rate is based on the number of daily trips for each land use and applied to a commute percentage and an average trip length, both of which are land use specific values derived from CalEEMod. These values account for variations in trip frequency and length associated with commuting to and from the Project. Emission factors specific to the buildout year are projected based on SoCAB-specific fleet turnover rates and the impact of future emission standards and fuel efficiency standards. The increase in the consumption of fossil fuels to provide power, heat, and ventilation was considered in the calculations as stationary point source emissions. Future fuel consumption rates are estimated based on land use specific energy consumption rates. The emission factors used in this analysis represent a State-wide average of known power producing facilities, utilizing various technologies and emission control strategies, and do not take into account any unique emissions profile. At this time, these emission factors are considered conservative and representative. Area source emissions were calculated by CalEEMod and include emissions from natural gas and landscape fuel combustion, consumer products, and architectural coatings (future maintenance). As shown in Table 1, the operational emissions pollutant concentrations resulting from Project operation would not exceed SCAQMD thresholds. Therefore, air quality impacts would be less than significant. Table 1 Project-Related Construction and Operational Emissions Mass Daily Thresholds (pounds per day) VOC NOx CO SO2 PM10 PM2.5 Construction Emissions SCAQMD Threshold 75 100 550 150 150 55 2016-18 Project Emissions 6.15 25.57 18.73 .03 2.02 .31 Exceed Threshold? NO NO NO NO NO NO Operational Emissions SCAQMD Threshold 55 55 550 150 150 55 Project Emissions 3.44 2.14 10.12 .02 1.73 .5 Exceed Threshold? NO NO NO NO NO NO Source of emissions: CalEEMod 2013.2.2 Source of thresholds: SCAQMD Regional emissions refer to the ambient conditions surrounding the site. Therefore, pollutant emissions associated with construction of the Project would be less than significant. Operational related impacts are typically associated with emissions produced from Project- generated vehicle trips. Based on the Project’s anticipated compliance with SCAQMD Rule 403 and the scale of development, it is anticipated that no significant impacts would occur to existing air quality standards. d. Water Quality: Grading and construction associated with site work on the project site would result in temporary disturbance of surface soils, which could potentially result in erosion and sedimentation on site, which are major visible water quality impacts attributable to construction activities. Any stockpiles of excavated areas would be susceptible to high rates of erosion from wind and rain and, if not manage properly, could result in increased sedimentation in local drainage ways. The Project must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) MS4 Permit. The NPDES MS4 Permit Program, which is administered in the project area by the City of Anaheim and County of Orange, issued by the Santa Ana Regional Water Quality Control Board (SARWQCB), helps control water pollution by regulating point sources that discharge pollutants into receiving waters. Project operation must also comply with the NPDES General Construction Permit. The contractor would be required to comply with Chapter 10.09 of the Anaheim Municipal Code, which prohibits the active or passive discharge or disposal of soil or construction debris into the storm drain. Additionally, the Project would be required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit Order 2009-0009-DWQ). Construction activities subject to the Construction General Permit includes clearing, grading, and disturbances to ground such as stockpiling or excavation. The Construction General Permit requires implementation of a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP would generally contain a site map showing the construction perimeter, existing and proposed buildings, storm water collection and discharge points, general pre- and post-construction topography, drainage patterns across the site, and adjacent roadways. The SWPPP must also include project construction features designed to protect against stormwater runoff, known as Best Management Practices (BMPs). Additionally, the SWPPP must contain a visual monitoring program; a chemical monitoring program for “non-visible” pollutants, should the BMPs fail; and a sediment monitoring plan, should the site discharge directly into a water body listed on the 303(d) list for sediment. Section A of the Construction General Permit describes the elements that must be contained in the SWPPP. Incorporation of these policies and ordinances and the requirements contained within would reduce project impacts to less than significant. 5. Can the project site be adequately served by all required utilities and public services? a. Fire Protection: The construction of 25 single family homes would result in a small increase of new residents, which could incrementally increase demands for fire protection services. However, the increased demand for fire protection services would be considered minimal and would be met with existing fire resources. Impacts to fire services are anticipated to be adequately funded by an increase in tax revenue, over an extended period of time, relative to the increase in development intensity. Additional fire personnel and associated facilities and equipment would be provided through the annual Operating Budget and Capital Improvement Program review process. Annually, Fire Department needs would be assessed and budget allocations revised accordingly to ensure that adequate levels of service are maintained throughout the City. Building plans submitted for new development on the project site would be required to comply with fire safety requirements. Additionally, development of the project site would not result in the need for new or physically altered fire protection facilities. Impacts to fire services would be less than significant. b. Police Protection: The construction of 25 single family homes would result in a small increase of new residents, which could incrementally increase demands for police services. Development of the project site would not result in the need for new or physically altered police protection facilities. Impacts to police services would be less than significant. c. Schools The Proposed Project would include the construction of 25 new single-family residences, resulting in a small increase of new residents. Based on the student generation rates of 0.406 for elementary students (Grades K-6), 0.144 for junior high school students (Grades 7-8), and 0.240 for high school students (Grades 9-12) per household provided in the Anaheim General Plan/Zoning Code Update EIR No. 3301, development of 25 new housing units would generate approximately 10 elementary students, 4 junior high students, and 6 high school students. Therefore, the Project would not significantly impact school services. In addition, payment of the appropriate school fees would be required for all new development in accordance with Senate Bill 50 (SB 50). The Proposed Project would be conditioned to pay the required fee as mandated by SB 50 to off-set the impact to school services. Pursuant to SB 50, payment of the school development fees are considered full mitigation. Impacts would be less than significant. d. Parks: The Proposed Project would generate a small increase of new residents that may utilize recreational facilities in the City. According to the Anaheim General Plan/Zoning Code Update EIR No. 330, the City has a goal of providing at least two acres of parkland per 1,000 residents. In order to help achieve this goal, AMC Section 17.34.010 requires residential developments to pay a park impact fee prior to the issuance of building permits in order to offset the increase in demand and use of recreational facilities. Therefore, no significant impacts would occur. 1 Table 5.13-14 of the Anaheim General Plan/Zoning Code Update EIR e. Other Public Facilities: The Proposed Project would generate a small increase of new residents that may utilize library facilities in the City. The City of Anaheim Public Library system consists of a Central Library, eight branches, the Heritage House (former Carnegie Library), and a BookMobile. The population increase of less than one half of a percent of the total City population would not significantly impact the Public Library system. As a result, impacts associated with library services and facilities would be less than significant. f. Wastewater/Sewer: The Project would be served by the Anaheim Public Works Department for wastewater (Sanitary Sewer) collection service. The Project is located within a developed area and there is an existing Public wastewater (Sanitary Sewer) main in Crescent Avenue, adjacent to the Project. The project would be required to connect to this existing wastewater (Sanitary Sewer) line. The existing wastewater facilities are not identified as deficient in either the “Existing” or “Build-out” conditions in the latest Combined Central Anaheim Area Master Plan of Sanitary Sewers. Due to the small size of the project, no significant impacts on existing wastewater infrastructure would occur and the existing facilities would be adequate to serve the wastewater collection requirements of the Project. Impacts to wastewater treatment facilities (OCSD) would be less than significant. g. Storm Water Drainage: On-site drainage improvements proposed in conjunction with the proposed site work would be required to meet the City’s and Orange County Flood Control District’s flood control criteria including design discharges, design/construction standards and maintenance features. All new development projects in the City are also required to include specific design Best Management Practices to ensure that no stormwater runoff generated on site would be allowed to leave the site without pre-treatment for urban pollutants. The internal drainage patterns of the site would be slightly altered by Project development as the site is developed with 25 single family residences. However, the Project would not alter any drainage pattern in a manner that would result in substantial erosion or siltation on- or offsite. The Project would not involve an alteration of the course of a stream or river. Erosion and siltation impacts potentially resulting from the project would, for the most part, occur during the Project’s site preparation and earthmoving phase. Implementation of the NPDES permit requirements, as they apply to the site, would reduce potential erosion, siltation, and water quality impacts. Less than significant impacts would occur. h. Water Supplies: The City of Anaheim receives water from two main sources: the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD), and imported water from the Metropolitan Water District of Southern California (MWD). Groundwater is pumped from 18 active wells located within the City, and imported water is delivered to the City through seven treated water connections and one untreated connection. According to the City of Anaheim 2010 Urban Water Management Plan (UWMP), local groundwater has been the least expensive and most reliable source of water supply for the City. The City depends heavily on the groundwater from the Orange County Groundwater Basin each year. The Project includes the development of 25 single family dwelling units. Due to the small size of the project, the supply of local water needed to support these units is not substantial. Therefore, the production rates of local wells would not be significantly impacted. Although the Project would result in an increased amount of impervious surfaces on the site, development would not result in a significant deficit in aquifer volume or a lowering of the local groundwater table. Less than significant impacts to groundwater supplies would occur. i. Solid Waste Disposal: Assembly Bill 939 requires local jurisdictions to divert at least 50 percent of their solid waste into recycling. As of 2012, the City is diverting approximately 65 percent of its waste into recycling. Waste from the City is currently being diverted to the Olinda Alpha Landfill in the City of Brea and the Frank R. Bowerman Landfill in the City of Irvine. Combined, the two landfills accept approximately 23,500 tons of waste per day, or over seven million tons annually. The project’s contribution of solid waste would be minimal and would not significantly impact landfill operations. No significant impacts would occur. j. Electricity: k. Natural Gas: l. Telephone Service: m. Television Service: The Project site is located in a built-out, urban setting. The site and the surrounding neighborhood are fully served by various utility service providers. There are no anticipated significant service or system upgrades needed to serve the proposed residential use. Any increase in demand for these services would be considered to be less than significant. ** Authority: See Public Resources Code Section 21083 and Section 15332 of Title 14 of the California Code of Regulations. DETERMINATION: I find that the answers given above are adequately supported by the information sources cited following each question and that the effects of the Project are typical of those generated within that class of projects (i.e., Class 32 – Infill Development Projects) characterized as in-fill development meeting the conditions of Section 15332 of Title 14 of the California Code of Regulations. The Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act. 1/19/16 Signature of City of Anaheim Representative Date Christine Saunders, Associate Planner (714) 765-5238 Printed Name, Title Phone Number Lot No. S.F Acres Lot No. S.F Acres 1 1,911 0.04 14 1,617 0.04 2 1,617 0.04 15 1,617 0.04 3 1,617 0.04 16 1,911 0.05 4 1,911 0.04 17 1,950 0.04 5 1,911 0.05 18 1,648 0.04 6 1,617 0.04 19 1,650 0.05 7 1,617 0.04 20 1,643 0.04 8 1,911 0.05 21 1,942 0.05 9 1,911 0.05 22 2,522 0.06 10 1,617 0.04 23 1,917 0.04 11 1,617 0.04 24 1,911 0.04 12 1,911 0.05 25 1,911 0.04 13 1,911 0.05 45,318 45,318 1812.7 1812.7 Total Gross Area (S.F.) Total Net Area (S.F.) Average Gross (S.F.) Average Net (S.F.) Lot No. S.F Acres A 5,405 0.124 B 653 0.015 C 336 0.008 D 1,721 0.040 E 984 0.023 F 544 0.012 G 265 0.006 H 1,522 0.035 I 180 0.004 J 180 0.004 K 518 0.012 TOTAL 12,308 S.F. 0.3 AC. ATTACHMENT NO. 8 MAGNOLIA AVENUE KTGY Group, Inc. Architecture + Planning 17922 Fitch Irvine, CA 92614 949.851.2133 ktgy.com ANAHEIM, CA KTGY# 20140702 2015.01.09 STREET SCENE A0.0 ATTACHMENT NO. 9 Lot No. S.F Acres Plan Type Plan S.F LOT COVERAGE % 1 1,911 0.04 1 1,201 63% 2 1,617 0.04 2 1,019 63% 3 1,617 0.04 2 1,019 63% 4 1,911 0.04 1 1,201 63% 5 1,911 0.05 1 1,201 63% 6 1,617 0.04 2 1,019 63% 7 1,617 0.04 2 1,019 63% 8 1,911 0.05 1 1,201 63% 9 1,911 0.05 1 1,201 63% 10 1,617 0.04 2 1,019 63% 11 1,617 0.04 2 1,019 63% 12 1,911 0.05 1 1,201 63% 13 1,911 0.05 1 1,201 63% 14 1,617 0.04 2 1,019 63% 15 1,617 0.04 2 1,019 63% 16 1,911 0.05 1 1,201 63% 17 1,950 0.04 1 1,201 62% 18 1,648 0.04 2 1,019 62% 19 1,650 0.05 2 1,019 62% 20 1,643 0.04 2 1,019 62% 21 1,942 0.05 1 1,201 62% 22 2,522 0.06 1 1,201 48% 23 1,917 0.04 1 1,201 63% 24 1,911 0.04 1 1,201 63% 25 1,911 0.04 1 1,201 63% Total Gross Area (S.F.) Total Net Area (S.F.) Average Gross (S.F.) Average Net (S.F.)1812.7 1812.7 45,318 45,318 Garage -425 Sq. Ft 1201 Sq. Ft. Garage -425 Sq. Ft. 1201 Sq. Ft. Garage -451 Sq. Ft. 1019 Sq. Ft. N O R T H M A G N O L I A S T R E E T N O R T H M A G N O L I A S T R E E T211R 23 1R 25 1R 4 1R 12 1R 8 1R 16 1R 17 1R 22 1 24 1 13 1 5 1 1 1 9 1 15 2R 7 2R 3 2R 11 2R 18 2R 20 2R 14 2 6 2 2 2 10 2 19 2 MA G N O L I A A V E N U E MA G N O L I A A V E N U E MA G N O L I A A V E N U E 'E ' D R I V E 'B ' D R I V E 'B ' D R I V E 'A ' D R I V E ' A ' D R I V E ' D ' D R I V E ' C ' D R I V E NO PA R K I N G EN T R Y W A L K S & S T O O P S TO B E P L A I N C O N C R E T E WI T H A B R O O M F I N I S H & TR O W E L E D J O I N T S ( T Y P . ) DR I V E S T O B E P L A I N C O N C R E T E WI T H A B R O O M F I N I S H & T R O W E L E D JO I N T S ( T Y P . ) ENTRY WALKS & STOOPS TO BE PLAIN CONCRETE WITH A BROOM FINISH &TROWELED JOINTS (TYP.) SI D E W A L K T O B E P L A I N CO N C R E T E W I T H A B R O O M F I N I S H & T R O W E L E D J O I N T S ( T Y P . ) SI D E W A L K T O B E P L A I N C O N C R E T E WI T H A B R O O M F I N I S H & T R O W E L E D JO I N T S ( T Y P . ) DR I V E S T O B E P L A I N C O N C R E T E WI T H A B R O O M F I N I S H & T R O W E L E D JO I N T S ( T Y P . ) SI D E W A L K T O B E P L A I N C O N C R E T E WI T H A B R O O M F I N I S H & T R O W E L E D JO I N T S ( T Y P . ) SI D E W A L K T O B E P L A I N CO N C R E T E W I T H A B R O O M FI N I S H & T R O W E L E D J O I N T S (T Y P . ) DRIVES TO BE PLAIN CONCRETE WITH A BROOM FINISH & TROWELED JOINTS (TYP.) 5 ' - 0 " T Y P . 5 ' - 0 " T Y P . 5'-0"TYP.5'-0"TYP. IN D I C A T E S H A N D I C A P PA T H O F T R A V E L ( T Y P . ) IN D I C A T E S H A N D I C A P PA T H O F T R A V E L ( T Y P . ) JOB:DRAWN: D A T E : 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTUREHARDSCAPE PLAN RAM J A N U A R Y 1 8 , 2 0 1 6 0'5'10'15'20' 4 0 ' 1"=20'-0" JOB:DRAWN: D A T E : 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTUREHARDSCAPE PLAN RAM J A N U A R Y 1 8 , 2 0 1 6 0'6"12"18"24" 4 8 " 1/2" = 1'-0" TH E T O T L O T C O N S I S T S O F T H E F O L L O W I N G E L E M E N T S AN D A M E N I T I E S : • BENCH • TRASH RECEPTACLE • 3 FT. HIGH TUBULAR STEEL FENCING AT PERIMETER • BROOM FINISHED PLAIN CONCRETE PAVING • RUBBERIZED ALL WEATHE R ADA ACCESSIBLE PLAY SURFACE • INTERACTIVE PLAY KIOSK (GIZMO) • SPRING TOY • APPLICABLE SIGNAGE N O R T H M A G N O L I A S T R E E T N O R T H M A G N O L I A S T R E E T211R 23 1R 25 1R 4 1R 12 1R 8 1R 16 1R 17 1R 22 1 24 1 13 1 5 1 1 1 9 1 15 2R 7 2R 3 2R 11 2R 18 2R 20 2R 14 2 6 2 2 2 10 2 19 2 MA G N O L I A A V E N U E MA G N O L I A A V E N U E MA G N O L I A A V E N U E 'E ' D R I V E 'B ' D R I V E 'B ' D R I V E 'A ' D R I V E ' A ' D R I V E ' D ' D R I V E ' C ' D R I V E NO PA R K I N G JOB:DRAWN: D A T E : 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURE CO N C E P T U A L F E N C E & W A L L P L A N RAM J A N U A R Y 1 8 , 2 0 1 6 ±6 ' - 0 " T O 8 ' - 0 " T A L L S P L I T FA C E C O N C R E T E B L O C K S C R E E N WA L L O R R E T A I N I N G S C R E E N W A L L W I T H A P R E C A S T C A P AL O N G N O R T H M A G N O L I A S T R E E T ( D E T A I L S ' A ' & ' B ' ) 24 " S Q U A R E ± 6 ' - 8 " T O 8 ' - 8 " T A L L S P L I T F A C E C O N C R E T E BL O C K P I L A S T E R O R R E T A I N I N G P I L A S T E R W I T H P R E C A S T CA P ( D E T A I L ' C ' ) 2' - 4 " T A L L S P L I T F A C E C O NC R E T E B L O C K R E T A I N I N G PL A N T E R W A L L W I T H P R E CA S T C A P ( D E T A I L ' D ' ) 6 F T . T A L L V I N Y L F E N C E A T P R O J E C T P E R I M E T E R A N D PR I V A T E Y A R D A R E A S ( I MA G E D E T A I L ' E ' ) 6' - 0 " T A L L V I N Y L G A T E F O R P R I V A T E Y A R D A R E A S ( I M A G E DE T A I L ' E ' ) MA S O N R Y R E T A I N I N G W A L L P E R T H E C I V I L E N G I N E E R ' S PL A N S O N W A L L S A N D P I L A S T E R S , T H E S I D E F A C I N G MA G N O L I A W I L L N O T E X C E E D 6 FE E T + / - A N D T H E P I L A S T E R S WI L L N O T E X C E E D 7 F E E T + / - . 0'5'10'15'20' 4 0 ' 1"=20'-0" C SPLIT FACE PILASTER OR RET. PILASTER 1/2" = 1'-0" A SP L I T F A C E S C R E E N W A L L O R R E T A I N I N G S C R E E N W A L L 1/ 2 " = 1 ' - 0 " (A T M A G N O L I A - S T R E E T S I D E ) ±6'-8" TO 8'-8"WITH ONLY 7' OR LESS EXPOSED ON THE STREET SIDE ± 6 ' - 0 " T O 8 ' - 0 " W I T H O N L Y 6 ' E X P O S E D O N T H E S T R E E T S I D E 24"FINISH GRADE FI N I S H GR A D E PRECAST CAP PR E C A S T C A P 8" x 8 " x 1 6 " S P L I T F A C E CO N C R E T E B L O C K FA C I N G S T R E E T 8"x8"x16" SPLIT FACE CONCRETE BLOCK B SP L I T F A C E S C R E E N W A L L O R R E T A I N I N G S C R E E N W A L L 1/ 2 " = 1 ' - 0 " (A T M A G N O L I A - P R I V A T E Y A R D S I D E ) ± 6 " - 0 " T O 8 ' - 0 W I T H O N L Y 6 ' E X P O S E D O N T H E S T R E E T S I D E FI N I S H GR A D E PR E C A S T C A P 8" x 8 " x 1 6 " P R E C I S I O N CO N C R E T E B L O C K FA C I N G U N I T S D SP L I T F A C E P L A N T E R W A L L A L O N G M A G N O L I A S T R E E T 1/ 2 " = 1 ' - 0 " 2 ' - 4 " M A X . FI N I S H GR A D E PR E C A S T C A P 8" x 8 " x 1 6 " S P L I T F A C E CO N C R E T E B L O C K FA C I N G S T R E E T JOB:DRAWN: D A T E : 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURE FE N C E & W A L L D E T A I L S & I M A G E S RAM J A N U A R Y 1 8 , 2 0 1 6 E IM A G E S O F V I N Y L F E N C I N G & G A T E (N O S C A L E ) 21 1R231R251R 4 1R 12 1R 8 1R 16 1R 17 1R 22 1241 13 1 5 1 1 1 9 1 15 2R 7 2R 3 2R 11 2R 18 2R 20 2R 14 2 6 2 2 2 10 2 19 2 MA G N O L I A A V E N U E MAGNOLIA AVENUE MA G N O L I A A V E N U E 'E ' D R I V E 'B ' D R I V E 'B ' D R I V E 'A ' D R I V E 'A' DRIVE ' D ' D R I V E ' C ' D R I V E NO PA R K I N G JOB:DRAWN:DATE: 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURECONCEPTUAL LANDSCAPE PLAN RAM J A N U A R Y 1 8 , 2 0 1 6 PL A N T I N G L E G E N D ME L A L E U C A L E U C A D E N D R A CA J E P U T T R E E PL A T A N U S A C E R I F O L I A ' B L O O D G O O D ' LO N D O N P L A N E T R E E MA G N O L I A G R A N D I F L O R A ' M A J E S T I C B E A U T Y ' MA J E S T I C B E A U T Y S O U T H E R N M A G N O L I A CU P A N I O P S I S A N A C A R D I O I D E S CA R R O T W O O D - M U L T I MA G N O L I A G R A N D I F L O R A ' L I T T L E G E M ' LI T T L E G E M M A G N O L I A PR U N U S C A R O L I N I A N A CA R O L I N A C H E R R Y GE I J E R A P A R V I F O L I A AU S T R A L I A N W I L L O W LA G E R S T R O E M I A I N DI C A ' T U S C A R O R A ' TU S C O N A C R A P E M Y R T L E PR U N U S C E R A S I F E R A ' K R A U T E R V E S U V I U S ' PU R P L E L E A F P L U M TR I S T A N I A C O N F E R T A BR I S B A N E B O X PI T T O S P O R U M TE N U I F O L I U M KO H U H U / T A W H I W H I HO M E O W N E R A S S O C I A T I O N M A I N T A I N E D SH R E D D E D B A R K M U L C H W I T H C O N T A I N E R SH R U B S A N D V I N E S I N ST A L L E D B Y B U I L D E R HO M E O W N E R M A I N TA I N E D P R I V A T E Y A R D S P A C E D TO B E I M P R O V E D B Y E A C H I N D I V I D U A L H O M E O W N E R AL L A S S O C I A T I O N M A I N T A I N E D L A N D S C A P E D A R E A S AR E T O B E I R R I G A T E D W I T H A ' S M A R T C O N T R O L L E R ' A N D BU B B L E R / D R I P P E R T Y P E H E AD S I N A C C O R D A N C E W I T H TH E S T A T E O F C A L I F O R N I A ' S W A T E R E F F I C I E N C Y ST A N D A R D S . 0'5'10'15'20' 4 0 ' 1"=20'-0" 17 1R JOB:DRAWN:DATE: 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURECONCEPTUAL LANDSCAPE PLAN RAM JANUARY 18, 2016 PL A N T I N G L E G E N D ME L A L E U C A L E U C A D E N D R A CA J E P U T T R E E PL A T A N U S A C E R I F O L I A ' B L O O D G O O D ' LO N D O N P L A N E T R E E MA G N O L I A G R A N D I F L O R A ' M A J E S T I C B E A U T Y ' MA J E S T I C B E A U T Y S O U T H E R N M A G N O L I A CU P A N I O P S I S A N A C A R D I O I D E S CA R R O T W O O D - M U L T I MA G N O L I A G R A N D I F L O R A ' L I T T L E G E M ' LI T T L E G E M M A G N O L I A PR U N U S C A R O L I N I A N A CA R O L I N A C H E R R Y GE I J E R A P A R V I F O L I A AU S T R A L I A N W I L L O W LA G E R S T R O E M I A I N DI C A ' T U S C A R O R A ' TU S C O N A C R A P E M Y R T L E PR U N U S C E R A S I F E R A ' K R A U T E R V E S U V I U S ' PU R P L E L E A F P L U M TR I S T A N I A C O N F E R T A BR I S B A N E B O X PI T T O S P O R U M TE N U I F O L I U M KO H U H U / T A W H I W H I HO M E O W N E R A S S O C I A T I O N M A I N T A I N E D SH R E D D E D B A R K M U L C H W I T H C O N T A I N E R SH R U B S A N D V I N E S I N ST A L L E D B Y B U I L D E R HO M E O W N E R M A I N TA I N E D P R I V A T E Y A R D S P A C E D TO B E I M P R O V E D B Y E A C H I N D I V I D U A L H O M E O W N E R AL L A S S O C I A T I O N M A I N T A I N E D L A N D S C A P E D A R E A S AR E T O B E I R R I G A T E D W I T H A ' S M A R T C O N T R O L L E R ' A N D BU B B L E R / D R I P P E R T Y P E H E AD S I N A C C O R D A N C E W I T H TH E S T A T E O F C A L I F O R N I A ' S W A T E R E F F I C I E N C Y ST A N D A R D S . 0'1'2'3'4' 8 ' 1/4" = 1'-0" N O R T H M A G N O L I A S T R E E T N O R T H M A G N O L I A S T R E E T 8 1R 1 1 9 1 7 2R 2 2 10 2 MA G N O L I A A V E N U E M ' D ' D R ' C ' D R S E C T I O N - A A ' JOB:DRAWN: D A T E : 44 0 N . M A G N O L I A S T R E E T - V T T M 1 7 8 5 8 AN A H E I M , C A L I F O R N I A SI C A C Q U I S I T I O N S L L C 19 1 0 0 V O N K A R M A N A V E . SUITE 400 IR V I N E , C A L I F O R N I A 9 1 6 1 2 1187 PCROBERT MITCHELL & ASSOCIATESPLANNING DESIGN LANDSCAPE ARCHITECTURE N. M A G N O L I A S T . P A R K W A Y S E C T I O N RJ J A N U A R Y 1 8 , 2 0 1 6 0' 5' 10 ' 15 ' 20 ' 4 0 ' 1" = 2 0 ' - 0 " SI T E PL AN AT SE C T I O N - 'AA ' P 2 P 2 P 2 P 2 P 2 P 2 P 1 P 1 P 1 P 1 X P 1 X P 1 X P r o p o s e d P r o p e r t y L i n e A N A H E I M , C A K T G Y # 2 0 1 4 - 0 7 0 2 0 1 0 2 0 4 0 1 2 . 3 0 . 2 0 1 4 A T T A C H M E N T N O . 1 0 Magnolia Shopping Center Address Type Approx SF Parking Ratio Parking Required 510 Young Art Study (vacant) 4150 5.5 23 512 Auto Insurance 1100 5.5 6 514 Fifty Stars Donuts 1100 5.5 6 516 Family Hair Care 1100 5.5 6 518 Modern Nails & Spa 1100 5.5 6 522 Cresent Family Dental 2600 6.0 16 524 Amazing Cakes 2000 5.5 11 532 Postal Pack 2000 5.5 11 536 Lawn Mower Repair 2000 5.5 11 538 Some Shop 2000 5.5 11 540 Liquor Store 3400 5.5 21 542 Total 22550 128 ATTACHMENT NO. 11 From:Amy N. Stonich To:Elly Morris Subject:FW: Comment for Tentative Tract Map # 17858, Item 5 on the 1/25 Planning Commission Meeting Date:Monday, January 25, 2016 9:01:47 AM Attachments:TT17858 Traffic Comments.pdf This is for the Commissioners on item 5 From: Tim Lew [mailto:tim.lew@me.com] Sent: Thursday, January 21, 2016 7:44 PMTo: Amy N. StonichSubject: Comment for Tentative Tract Map # 17858, Item 5 on the 1/25 Planning Commission Meeting Hello, I am a condo owner in the Magnolia Lane Community that will be impacted by this project and I will not be able to attend the Planning Commission Meeting. I am concerned that this new development will negatively impact the traffic safety of this area. So I disagree with the Traffic findings that this project will not impact the roadway segments and surrounding intersections. Please see the attached PDF drawing for reference. As currently proposed, the new street will line up with W Madison Cir without a traffic signal or reconfiguration of the center median. This creates two traffic conflict areas on N Magnolia St for both communities. During the AM and PM Peak hours Magnolia St is very busy and the only way to turn onto Magnolia St via Madison Cir is to utilize the painted center median. As you can see in the attached pdf, residents from both communities will need to use the center median which creates a dangerous area prone to accidents. Currently this not a problem even though the Magnolia Lane Community has a large number of condo and single family units because the center median was only shared with a single family home with a driveway. The new development increases this to 25 homes, adds a street and changes the trip count from the current 1 AM Peak Hour and 1 PM Peak Hour to 19 AM Peak Hour and 25 PM Peak Hour Trips. This greatly increases the risk of traffic accidents. I am requesting that the Planning Department and Commission consider adding a requirement for the developer to install a traffic signal at this intersection or to require a traffic study to define and mitigate the traffic safety impacts prior to approval of this Tentative Tract Map. Please let me know if you have any questions. Thanks! Tim Lew NEW CORRESPONDENCE ITEM NO. 5 New New Development Traffic Path Existing W Madison Cir Traffic Path Painted Center Median Conflict Areas