PC 2009/03/30~t f ei
lanneng Co mission
genda
ondav, arch 30, 2009
Councii Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: Joseph Karaki
Chairman Pro-Tempore: Panky Romero
Commissioners: Peter Agarvual, Kelly Buffa, Gail Eastman,
Stephen Faessel, Victoria Ramirez
• Tresh Collection Circulation Workshop - 2:00
• Call To Order - 2:30 p.m.
• Pledge Of Allegiance
• Public Comments
• Consent Calendar
o 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.
Anv writinqs ordocuments ,orovided to a maioritv of the Planninp Commission repardinq anv
item on this aqenda (other than writinqs leqallv exempt from public disclosure) will be made
available for ,oublic ins,oection in the Planninq Department located at Citv Hall 200 S Anaheim
Boulevard Anaheim California durinq reqular business hours
You may leave a message for the Planning Commission using the following
e-mail address: planninqcommission(a~anaheim.net
H:\TOOS\PC Admin\PC Agendas\(03/30/09).doc
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim Planning Commission or public comments on agenda items with the exception of
public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the motion unless
members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Minutes
ITEM 1 A
Receiving and approving the Minutes from the Planning Motion
Commission Meeting of March 16, 2009. These minutes have
been provided to the Planning Commission and are available
for review at the Planning Department.
Reoorts and Recommendations
ITEM NO. 1 B
COMDITIONAL USE PERflAIT NO. 2007-05195 ' Motion
(Trackinq IVo. CUP2009-05421)
Owner: BP West Coast Products, LLC
4 Centerpoint Drive
La Palma, CA 90623
Applicant: Fred Cohen, CJC Design
1205 North Red Gum Street, Unit A
Anaheim, CA 92806
Location: 1700 West La Palma Avenue and 1017-1031
North Euclid Avenue: This property is located at
the southwest corner of La Palrna Avenue and
Euclid Street.
The applicant requests approval of a retroactive one-year ProjectPlanner.
extension of time to comply with conditions of approval to Elaine Thienprasiddhi
ethien Qanaheim. net
construct a service station, car wash and convenience market.
Environmental Determination: A Negative Declaration, which
was previously-approved, has been determined to serve as the
appropriate environmental docurnentation for this project in
accordance with the provisions of the California Environmental
Quality Act (CEQA).
03/30/09
Page 2 of 9
Public Hearina Items:
ITEIUi P10. 2
CONDITIOMAL USE PERflAIT NO. 2008-05398 Request for Withdrawal
No Action Required
Owner: Beth Emet Temple
1770 West Cerritos Avenue
Anaheim, CA 92804
Applicant: Jason Kozora
Omnipoint Communications and
Trillium Consulting
3 MacArthur Court, Suite 1100
Santa Ana, CA 92707
Location: 1770 West Cerritos Avenue: This property is
located approximately 522 feet east of Old
Fashion Way.
The applicant proposes to install a telecommunications Project Plannee
facility disguised as a palm tree with a height of 50 feet Kim6edy wong
where 30 feet is permitted by Code. kwono2c~anaheim.net
Environmental Determination: A Negative Declaration has
been prepared which evaluates the potential environmental
impacts of this project in accordance with the provisions of
the California Environmental Quality Act (CEQA).
03/30/09
Page 3 of 9
ITEM NO. 3
ZONI'NG CODE AMENDMENT IVO. 2009-00079 Request for Continuance
to April 13, 2009
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard IUlotion
Anaheim, CA 92805
Location: Citvwide
Request to amend Chapter 1.12 (Procedures); Chapter Project Planner.
14.60 (Transportation Demand); Chapter 17.08 Vanessa Norwood
(Subdivisions); Chapter 18.18 (Scenic Corridor (SC) vr,orwood@anaheim.net
Overlay Zone); Chapter 18.24 (South Ananeim
Boulevard Corridor (SABC) Overiay Zone); Chapter
18.36 (Types of Uses); Chapter 18.38 (Supplemental
Use Regulations); Chapter 18.42 (Parking and Loading);
Chapter 18.44 (Signs); Chapter 18.46 (Landscaping and
Screening); Chapter 18.56 (Nonconformities); Chapter
18.60 (Procedures); Chapter 18.62 (Administrative
Reviews); Chapter 18.64 (Area Development Plans);
Chapter 18.66 (Conditional Use Permits); Chapter 18.74
(Variances); Chapter 18.92 (Definitions);Chapter
18.114 (Disneyland Resort Specific Plan No.92-1);
Chapter 18.116 (Anaheim Resort Specific Plan No.92-2);
Chapter 18.118 (Hotel Circle Specific Plan No.93-1);
pertaining to Zoning Administrator authority, drought
tolerant landscaping provisions, freestanding sign
provisions within the Scenic Corridor (SC) Overlay Zone
and approval/appeal procedures for various zoning
actions.
Environmental Determination: The proposed action is
exempt from the Galifornia Environmental Quality Act __.
(CEQA) under Section 21080 of the Public Resources
Code.
This item was continued from the March 16, 2009
Planning Commission meeting.
03/30/09
Page 4 oi 9
ITEM NO. 4
RECLASSIFICATION fVO. 2008-00221 Resolution IVo.
CONDITIONAL USE PERMIT NO. 2008-05362 Resolution No.
TENTATNf TRACT MAP NO. 17289 ' Resolution No. _
Owner: RRM Properties, Ltd
PA. Box 3600
Corona, CA 92882
Applicant: Ted Frattone
Hunsaker and Associates
3 Hughes
Irvine, CA 92618
Location: The property is located generally south of the
State Route 91 Riverside Freeway,
approximately 3,600 feet southeast of the
intersection of Santa Ana Canyon Road and
Gypsum Canyon Road and approximately
1,000 ft east-southeast of the SR-91 and SR-
241 interchange.
The applicant proposes to reclassify the property from the Project Pianner.
Multiple-Family Residential (RM-3) zone to the Single- Scott Koehm
skoenm~ananeim.net
Family Residential (RS-4) zone and construct 56 single-
family residential dwelling units. The applicant also
proposes to subdivide the property into 56 single-family
detached residential lots and 12 lettered lots.
Environmental Determination: A Mitigated Negative
Declaration has been prepared to serve as the appropriate
environmental documentation for this project in accordance
with the provisions of the California Environmental Quality
Act (CEQA). _ T.-
03/30/09
Page 5 of 9
ITEM MO. 5
TEMTATIVE PARCEL AAAP NO. 2008-188
VARIANCE NO. 2009-04773
Owner: Anaheim Redevelopment Agency
201 South Anaheim Boulevard, Suite 1003
Anaheim, CA 92805
Applicant: Truxaw & Associates
265 South Anita Drive, Suite 111
Orange, CA 92868
Location: 929 fVorth Ivv Lane: This property has a
frontage of 100 feet on the south side of Fir
Avenue and 100 feet on the north side of Ivy
Lane, approximately 150 feet southwest of the
intersection of Fir Avenue and Ivy Lane.
The applicant proposes to subdivide the property into four
single-family residential parcels with a variance of required
lot width, lot depth and exterior sound attenuation
requirements adjacent to the I~terstate 5 Freeway.
Environmentai Determination: A Negative Declaration has
been prepared to serve as the appropriate environmental
documentation for this project in accordance with the
provisions of the California Environmental Quality Act
(CEQA)
Resolution No.
Resolution iVo.
Project Planner.
Kimberly Wong
kwonq2@anaheim.net
03/30/09
Page 6 of 8
ITEM NO. 6
ZONING CODE AMENDMENT NO. 2009-00078
Applicant: Christiane Dussa
DMJM
999 Towne and Country
Orange, CA 92868
Location: Citywide
The applicant proposes an amendment to Title 18 of the
Anaheim Municipal Code to allow properties larger than five
acres to display up to four flags or banners, including a flag
for non-fraternal organizations.
Environmental Determination: The proposed action is
categorically exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Class 4
(Minor Alterations to Land).
nflotion
Project Planner:
Kimberly Wong
kwonq2~anaheim.net
Adjourn to Monday, April 13, 2009 at 2:00 P.NI.
03/30/09
Page 7 of 9
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 p.m. March 25, 2009
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
~1~,
SIGNED: y\ v ~'
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 Gity Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNWG COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps will be final 10 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, upo~ 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.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765-5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enabie the
City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning
Department's Automated Telephone System at (714) 765-5139.
03/30/09
Page 8 of 9
SCHEDULE
2009
April 13
I April 27 I
May 11
May 27 (Wed)
June 8
June 22
I July 8 (Wed) I
July 20
I August 3 I
Augustl7
August 31
September 14
September 28
October 12
October 26
November 9
~~ November 23 (cancelle~+) ~~
II December 7 II
I) December 21 (cancelled) (I
03/30/09
Page 9 of 9
ITEM NO. 1-B
PLANNING COMMISSION AGENDA REPORT
200 5. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
TeC (714) 765-5139
Fax: (714) 765-5280 ~~
www.anaheim.net
City ofAnaheim
PLANNING DEPARTMENT
DATE: MARCH 30, 2009
FROM: PLANNING SERVICES MANAGER
ELAINE THIENPRASIDDHI, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05195 -
TIME EXTENSION
LOCATION: 1700 West La Palma Avenue
APPLICANT/PROPERTY OWNER: The applicant is Fred Cohen with CJC Design
and the property owner is BP West Coast Products, LLC.
REOUESTz The applicant requests a retroactive one-year extension of tinie to comply
witli conditions of approval for a service station, car wash and convenience market.
RECOMMENDATION: Staff recommends the Planning Commission, by motion,
determine that the previously-approved Negative Declaration serve as the appropriate
environnaental documentation and approve a retroactive one-year extension of time for
Conditional Use Permit No. 2007-05195.
BACKGROUND: This property is zoned General Commercial (C-G) and fhe Genera!
Plan designates this property for general commercial land uses. A portion of the
property is improved with an Arco service station while a portion is currently vacant.
The properties to the west and south are designated for general commercial land uses
and properties to the east for neighborhood center land uses. The properties to the nortll
are designated as Corridor Residential.
Conditional Use Permit No. 2007-05195 to demolish an existing service station and
construct a new service station witY~ a convenience market and self-serve car wasli was
approved by the Planning Commission on July 23, 2007. The permit expired on July 23,
2008. On January 23, 2009, the applicant submitted a request for an exiension of time.
In accordance witl~ the Zoning Code, a CUP may be extended provided that a written
request is submitted within six months of permit expiration. Tlie applicanYs request was
received within the required timeframe.
DISCUSSION: The applicant has submitted a request for a retroactive time extension.
The project has been delayed since the City must complete the sewer improvements in
tl~e area prior to issuance of a building permit. These improvements are anticipated to
be completed by the middle of April. This is the first request for an extension oCtime
and up to two time extensions are permitted.
CONDITIONAL USE PERMIT NO. 2007-05195
March 3Q 2009
Pnge 2 of 2
Code Enforcement Division staff conducted an inspection of the property oii March 9, 2009, and
found no code violations. The service station was under construction for replacement of the
vapor recovery system, as required by State law and the vacant property is being mainlained in a
safe, clean and aesthetically pleasing condition. No grading or construction related to the
approved development has commenced,
Since approval of the permit, there have been no changes to the General Plan and Zoning Code
that would affect this pro~ect. Therefore, staff recommends approval of a retroaciive one-year
extension oPtime to 7uly 23, 2009.
Respectfully submitted,
d~~'~ 9~/1~is~
Priaicipal Plam~er
Attachments:
1. Vicinity and Aerial Maps
2. Letter of Request
Services Manager
The following attaclunents were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall.
3. Prior Planning Commission Staff Report (July 23, 2007)
4. Prior Planning Commission Resolution (July 23, 2007)
5. Plam~ing Commission Meeting Minutas (July 23, 2007)
6. Code Enforcement Memo
7. Site Photos
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Fee~ April 2008
ATTACHMENT NO. 2
,
Pfanning
Date: January 20'", 2009
To: City of Anaheim
Analzeim Planning Department
Planning Services Division
200 South Anaheim Boulevard-Suite 162
Anaheim, CA 92805
Attn: Elaine Thienprasiddhi
Re: Arco Service Station CUP#2007-05195
1700 VV. Ia Palma Avenue
Anal~eim, Ca.
Dear Ms. Thienprasiddhi,
~ m
Permitting
Due to completion delay of upgrading the sewer line along La Palma and Euclid, please
accept this letter as request for extensiou on permit CUP#2007-05195/PC2007-82, Public
Comenience & Necessity #2007-00035/PC2007-83.
If you need any additional information, please do not l~esitate to give me a call at 714-
920-9643
ince 1-y
Fre Cohen
140 N. Maple S4reet, Suite 101
Corona, Ca. 92880
Tel: (951) 371-1400
Fax: (951) 371-1414
www.cJccorp.com
ITEM NO. 2
PLANNING COMMISSION AGENDA
200 S. Anaheim Blvd.
Suite #162
Anaheim, GA 92805
TeC (714) 765-5139
Fax: (714) 765-5280 -
www.aoaheim.net
City of Anaheim
~'LANNING DEPARTMENT
DATE: MARCH 30, 2009
FROM: PLANNING S~RVIC~S MANAGER
HIMBERLY WONG, PROJECT PLANNER
SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05398
LOCATION: 1770 West Cerritos Avenue
APPLICANT/PROPERTY OWNER: The applicant is Jason Kozora of
Omnipoint Communications and Trillium Consulting and the property owner is the
Beth Emet Temple.
ItEOUEST: The applicant has submitted a written request to withdraw fl~eir
application to install a telecommunications facility designed as a palm tree with a
lieight of 50 feet where 30 feet is permitted by Code. This item was continued from
the March Z, 2009 Planning Commission hearing.
Based on the wriiten requesY by the applicant to withdraw tlieir application, no
further action is necessary by the Planning Commission.
Respectfully submitted,
~~jYjG~ ~~~V`f ~
Principal Plaiuier
Services Manager
Attachment:
1. Withdrawal Request
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DATE: March 3, 2009
TO: City of Anaheim
Planning Department
Attn: Kimberly Wong
FROM: Jason Kozora, Applicant's Representarive
ATTACHMENT NO. 1
RE: Request for Withdrawal of Application
Case Number. Conditional Use Permit No. 2008-05398
CUP Application for a T-Mobile WTF at 1770 ~V. Cerritos Ave.
TMO Site ID: LA33402
To Whom It May Concem:
My client, T-Mobile, respectfully requests the withdrawal of the above mentioned
Conditional Use Permit Application. Please semd the refund, if any, to the address noted
below.
If you sbould have any questions piease do not hesitate to contact me at the numbers
below or by e-mai] at iko7ora~~triiliumcos.com .
Sincerely,
L G~I"~
J~s n6 Kozora _ -
t~
Seruor Land Use Planner
Trillium Consu]ting for T-Mobile USA, Inc.
(O) 714799-2000 (M) 714-362-5150 (F) 714-799-2020
5.912 Balsi~ Aven~re, 5ieite 2U2 - Herntrn;t~n BNtich, CA 926~9
Phnne: 714-799-200G - Fa~: 714-799-2020
ITEM NO. 3
PLANNING COMMISSION AGENDA
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Faz: (714) 765-5280 ~-
www.anaheim.~et
City o~Anaheim
PLANNING DEPARTMENT
DATE: MARCH 30, 2009
FROM: PLANNING SERVICES MANAGER
VANESSA NORWOOD, PROJECT PLANNER
SUBJECT: ZONING CODE AMENDMENT NO. 2009-00079
LOCATION: Citywide
APPLICANT: City of Anaheim Planning Department
REQUEST: This is a City-initiated request to amend Tifle 18 (Zoning) of the
Anaheim Municipal Code to amend Chapter 1.12 (Procedures); Cl~apter 14.60
(Transportation Damand); Chapter 17.0$ (Subdivisfons); Chapter 18.18 (Scenic
Corridor (SC) Overlay Zone); Chapter 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone); Chapter 1836 (Types of Uses); Chapter 1838 (Supplemental
Use Regulations); Chapter 18.42 (Parking and Loading); Chapter 18.44 (Signs);
Chapter 18.46 (Landscaping and Screening); Chapter 18.56 (Nonconformities);
Chapter 18.60 (Procedures); Chapter 18.62 (Administrative Reviews); Chapter 18.64
(Area Development Plans); Chapter 18.66 (Conditional Use Permits); Chapter 18.74
(Variances); Chapter 18.92 (Definitions);Chapter 18.114 (Disneyland Resort Specific
Plan No.92-1); Chapter 18.116 (Anaheim Resort Specific Plan No.92-2); Chapter
18.118 (Hotel Circle Specific Plan No.93-1); pertaining to Zoning Administrator
authority, drought tolerant landscaping provisions, freestanding sign provisions
witliin tlie Scenic Corridor (SC) Overlay Zone and approval/appeal procedures for
various zoning actions.
RECOMMENDATION: Staff recommends that the Commission continue this
request to April 13, 2009 to allow time for staff to finalize the requested
amendments.
Respectfully submitted,
~~~ ~~f~
Principal Planner
Services Manager
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March 30, 2009
Zoning Code Amendment No. 2009- 00079
Citywide io~2Z
ITEM NO. 4
PLANNING COMMISSION AGENDA REPORT
200 S. Anaheim Bivd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280 '
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 30, 2009
FROM: PLANNING SERVICES MANAGER
SCOTT KOEHM, PROJECT PLANNER
SUBJECT: RECLASSIFICATION NO. 2008-00221,
CONDITIONAL USE PERMIT NO. 2008-05362 AND
TENTATIVE TRACT MAP NO. 17289
LOCATION; The property is located generally south of the Riverside Freeway
(State Route 91) approximately 3,600 feet southeast of the intersection of Santa Ana
Canyon Road and Gypsum Canyon Road and approximately 1,000 feet east-
southeast from the major freeway interchange of State Route 91 and State Route 241.
APPLICANT/PROPERTY OWNER: The applicant is Ted Fr~ttone representing
Hunsaker and Associates, and the property owner is RRM Properties, Ltd.
REOUEST: The applicant proposes to reclassify the property from the Multiple-
Family Residential (RM-3) zone to the Single-Family Residential (RS-4) zone and
construct 56 single-family residential dwelling units. The applicant also proposes to
subdivide the property into 56 single-family detached residential lots and 12 lettered
lots.
RECOMMENDATION: Staff recommends that the Planning Commission adopt
the attached resolutions, approving a Mitigated Negative Declaration, and approving
Reclassification No. 2008-00221, Conditional Use Permit No. 2008-05362 and
Tentative Tract Map No. 17289.
BACKGROUND: The 15.7-acre property is cunently vacant. The property was
previously occupied by the Robertson Ready Mix sand and gravel mining site and is
a part of a larger area primarily to the northwest that was used for sand and gravel
mining. The subject property was a part of the Cypress Canyon Specif c Plan and
was permitted a density of 140 dwelling units under the specific plan. The State of
California subsequently purchased a majority of the land in the Cypress Canyon
Specific Plan and used this land for the expansion of Chino Hills State Park. The
subject property was not purchased by the State. An access road easement was
provided from Coal Canyon Road through the State property to this property to
prevent this site from becoming landlocked. The Coal Canyon Road exit has since
been closed by the Department of Transportation, eliminating access to the site. As
part of the General Plan Update in 2004, the City designated the property for low
medium density residential land uses with a maximum density of 140 dwelling nnits
and reclassified the proper[y to the RM-3 zone.
RECLASSIPICATION NO. 2008-OD221
March 3U, 2009
Page Z of 3
PROPOSAL: The applicant proposes to reclassify the property to the RS-4 zone and construct
56 single family detached residential dwelling units. The proposed project would also include
construction of private streets, sidewalks, landscaped areas, wet and dry utilities, storm drains
and other related residential development improvements. Access to the property is proposed to
be provided through the adjacent Mountain Pazk property under agreement with The Irvine
Company. The approved Mountain Park development will be a gated community served by
privaYe streets. The proposed project will be located adjacent to the Motmtain Pazk development
and will utilize their entry gates and private streets.
ANALYSIS: Following is an analysis of the proposed project actions:
Reclassification: The applicant proposes to reclassify the property from the Residential
Multiple Family (RM-3) zone to the Single Family Residential (RS-4) zone. This
reclassification would implement the Low-Medium Density General Plan land use designation
and would accommodate the 56 single family residences. The proposed zoning would also be
compatible with the previously-approved Mountain Park Specific Plan adjacent to the project.
The Mountain Park property adjacent to the proposed project has been approved for 153 single-
family detached residential units with an average lot size of approximately 4,800 square feet.
The proposed RS-4 properties will have an average lot saze of 4;900 square feeY. 8ecause both
projects will have similar two-story, single-family detached residential units, staff recommends
approval of the reclassification request.
Conditional Use Permit: A conditional use permit is being requested to construct 56 single-
family residential dwelling units in the RS-4 Zone. The intent of the RS-4 Zone is to provide for
and encourage the development of high-quality residential units on small lots, in order to provide
addirional ]totising choices and use land efficiency. Code requires that all development in Che
RS-4 Zone be subject to the approval of a conditional use permit to ensure that the development
standards are consistent with the General Plan and sunounding land uses. The submitted plans
are in compliance with all code requirements of the RS-4 Zone. The project has been
appropriately designed to be integrated with the adjacent Mountain Pazk project including
features such as similaz lot sizes and residential units, private streets and landscaping. Because
developm~nt of the units is not anticipated for several years, plans for the residential u~its have
not been submitted. Prior to issuance of building permits the developer will be required to
submit final building footprints, floor plans, roof plans, elevations and color renderings to the
Plaiming Department for the review and approval by the Planning Commission as a Reports and
Recommendations item.
Tentative Tract Map: The applicant has submitted a tentative tract map for 56 single-family
residential lots and 121ettered lots. The map consists of four private streets which will provide
access from the adjacent Mountain Pazk Development Area 5 property. In addition to the private
streets, the lettered lots will also provide common landscaped areas and a water basin. A fiiel
modif cation area is proposed along the curved, southeast boundary of the site. Portions of the
Fuel modification area will be on adjacent property owned by the State of California on an
easement that would be provided to the homeowner's association.
RECLASSIFICAT[ON N0. 2008-00221
March 30, 2009
Page 3 of 3
Environmental Impacts: A Mitigated Negative Declazation (MND) has been prepared to
evaluate the environmental impacts of the project and to identify necessary infrastructure
improvements. The MND was circulated for a 30-day public review period between February
13, 2009 and March 16, 2009. Comments on the MND were received from various public
agencies and interested parties before the end of the review period. Responses have been
prepared to address the comments and aze on file and available for review at the Planning
Depa~•tment. Staff believes that the responses to the comments adequately address the comments
and that the MND does not need to be recirculated. The MND identifies no patentially
significant adverse impacts related to the project. The MND, however, identifies "less than
significant unlass mitigated" impacts in 18 environmental categories contained in Yhe Initial
Study. These azeas include Air Quality, Cultural Resources, Geology and Soils, Hazards and
Hazardous Materials, Land Use and Planning, Utilities and Service Systems, and Mandatory
Findings of Significance. Mitigation measures have been included in the MND and in the
attached resolutions which reduce the impacts to less than significant.
CONCLUSION: The proposed prpject would improve a vacant underutilized parcel with an
attractive, residential development compatible with the proposed adjacent residential land uses.
Therefore, staff recommends approval of this request.
Respectfiilly submitted, Conc ' ed by,
~~~ ~~~
Principal Planner P ing Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Project Sununazy
3. Draft Reclassification Resolution
4. Drafr Conditional Use Permit Resolution
5. Draft Tentative Tract Map Resolution
6. ~mail from California StaYe Parks
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Services Division at City Hall.
7. Initial Study and Mitigated Negative Declazatipn
8. Plans
9. Site Pictures
10. Comments submitted on the Mitigated Negative Declazation
l 1. Response to Mitigated Negative Declaration Comments
March 30, 2009
Subject Property
Reclassification No. 2008-00221
Conditional Use Permit No. 2008-05362
Tentative Tract Map No. 17289
No Site Address
~
10729 I
o xso sxo
~~ ALL PROPERTIES ARE W THE SCENIC CORRIDOR (SC) OVERLAY ZpNE.
March 30, 2009
Subject Property
Reclassification No. 2008-00221
Conditional Use Permit No. 2008-05362
Tentative Tract Map No. 17289
No Site Address
C-7
,o~2s
o xso szo Aerial Photo:
~~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. nprii 2ooe
ATTACI~IVIEI~tT IVO. 2
PROJECT SLTNIMARY
RECLASSIFICATION NO. 2008-00221
CONDITIONAL USE PERMIT NO. 2008-05362
TENTATIVE TRACT MAP N0.17289
Development Standards
Development'Standard Proposed Project RS-4 Zone Standards
Parking 4 spaces (2 in garage, 2 in 4 spaces (2 in garage, 2 in
driveway) driveway)
Pront: 10 feet Front: 10 feet.
Building and landscape Side: 5 feet Side: 5 feet
setbacks Rear: 15 feet (for two story Rear: 15 feet
structures)
Building Height 25 ft. 25 ft.
[DRAFT] ATTACgIMENT NO. 3
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA MITIGATED NEGATIVE DECLARATION
AND APPROVING RECLASSIFICATION NO. 2008-00221
(ASSESSOR'S PARCEL NOS. 085-071-42 AND 085-071-45)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Reclassification oa certain real property situated in the City of Avabeim, County of Orange,
State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, this property is undeveloped vacant land and is located in the RM-3
(Multiple Family, Residentia]) Zone with a Low-Medium Density Residential land nse
designation on the General Plan; and
WHEREAS, the applicanC and property owner has requested approval of a
Reclassification to reclassify tt~e property from Che RM-3 (Mult~p~e Family, Residential) Zone Co
the Resideotial S3ngle Family (RS-4) Zone, consistent with the General Plan I,ow-Mediam
Density Residential land use designation; and
WHEREAS, Tentative Tract Map No. 17289 is proposed in coojunction with
Reclassification No. 2008-00221 and Conditional Use Permit No. 2008-05362 Co construct 56
single-family residential dwelling uniCs; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 3Q 2009 at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance wiYh tt~e provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", Co heaz and consider evidence for and against said
proposed reclassification and to investigate and make 6ndings and recommendations in
connection therewith; and
WHEREAS, said Commission, after due inspeckion, investigation and study made
by itself and in its behalf, and after due consideratio~ of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That reclassification of subject property from Che RM-3 (Multiple Family,
Residential) Zone Co Che Single Family Residential (RS-~4) Zone would be consistent with the
property's existing land use designation on the General Plan.
2. That the proposed reclassification of subject property is necessary and/or
desirable for the orderly and proper development of the community and is consistent with the
adjacent single family residential designation in the Monntain Park Specific Pla~ zpne.
3. That the proposed reclassification of subject property does properly relate to
the zones and Cheir permitted uses locally established in close proximity to subject property and
to the zooes and their permitted uses generally esCablished TbroughouC the community.
- 1 - PC2009-
NOW, THEREPOItE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Mitigated Negative
Declaratioo is adequate to serve as the required enviranmental documentation in connection with
this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby conditionally approve Che subject Reclassification to anthorize an amendme~t to the
Zoning Map of the Ana6eim Municipal Code to exclude the above-described property from the
RM-3 (Multiple Family, Residential) Zone and to incorporate said described property into the
Residential Single Faznily (RS-4) Zone.
$E IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning
of, or a commitmenC by the City tfl rezone, the subject property; any such rezoniog 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.
BE IT FURTHER RESOLVED that apprpval pf this applicatio~ constitutes
approval of the proposed reqoest only ro the extenC Yhat 3C complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does not
include any actioo or findings as to compliance or approval af the request regarding any other
applicable ordinance, regulation or req~irement.
THE FOREGOING RESOLUTION was adopted at CI~e Planning Commission
meeting of March 30, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of Che Anal~eim Municipal Code perCaining Yo appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
CI~AIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIORSECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 2 - PC~009-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTI'Y OF ANAHEIM )
I, Grace Medana, Senior Secretary of the Anaheim City Planning Commission, dc
hereby certify d~at the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held pn Mazch 30, 2009, by Che following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMI3SIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
March, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2009-
EYHIBTT "A"
RECLASSIFICATION NO. 2008-00221
10729
- 4 - PC2009-
~ ~uo .~~~
~ Soorce: Reco~ded Tract Maps and/or City GIS.
~~,~ Please note the accuracy is +/.. two to five feet.
EXIIIBIT "B"
RECLASSIFICATION NO. 2008-00221
NO. CONDITIONS OF APPRO'CTAL ~~ OO~SIBLE
MONITORING
'TIMIN~:.~ RIOR:TO TH,E, AI~(3PT10N fl~`°TFIE,°ORIJr~ANC~ `- ,;;: ,. ' ,
~ That the project is expressly eondi6oned upon the applicanC's indemnifying Planning
and holding harmless the City, its agents, officers, council members, Departme~t -
employees, boards, commissions and eheir members and the City Council from Planning Services
auy claim, action or proceeding brought against any of the foregoing
' individuals or entities, the purpose of s~ch litigation being Co akCack, set aside,
void, or annul any approval of the application or related decision, or the
adoption of any environmental documents or the Mitigated Negative
DeclaraYion prepazed in conjunction with this request, which relates to [he
approval of the proposed actions. This indemnification shall include, but is not
limited to, all reasonable damages, costs, expenses, attorney fees or expert
witness fees that may be awarded to the prevailing garty, and casts of suit,
attorney's fees, and other costs, liabilities and expenses arising out of or in
connectio~ with the approval of the application or related decisions, wheCher or
not there is cancurrent, or passive negligence on Che part of the City, its agents,
officers, council members, employees, boards, commissions and their counsel
selected for all indemniCies, the final selecrion of lega] counsel shall be made
by the City. The indemnity does not cover costs attribuCable to a decision that
a City public official violated conflicC laws in acting oo the project. No later
than 30 (thirty) days following approval by the Planning Commission, or
appzoval by the City Council as a result of an appeal filed pursuant to Anaheim
Municipal Code § 1$.60.13Q tt~e legal property owner shall provide a letter to
the CiCy satisfactory to the City Attorney's Office memorializing the
foregoing.
- 5 - PC2009-
[DI2AFT] ATTACgiMENT NO. 4
RESOLUTION NO. PC2009-
A RESOLUTION OF'I'I-TE ANAHEIM CITY PLANNING COMMISSiON
APPROVING A CEQA MITIGATED NEGATIVE DECLARATION
AND APPROVING CONDITIONALUSE PERMIT NO. 2p08-05362
(ASSESSOR'S PARCEL NOS. 085-071-42 AND 085-071-45)
WHEREAS, the Auaheim City Planning Commission did receive a verified
~etition for a Conditional Use Permit to construct 56 single-family detaehed dwelling units for
certain real properCy situaCed in Che City of Anaheim, County of Orange, State of Califomia,
shown on Exhibit "A' attached hereto and incorporated herein by this reference.
WHEREAS, the applicant has requested approval of a conditio~al ~se pemut to
consCrucC 56 single-family dwelGng uniCS pursuant to Code SecCion 18.60 of the Anaheim
Municipal Code; and
WHEREAS, 3'entative TracC Map No. 17289 is proposed in connection with
Reclassification No. 2008-00221 and Conditional Use Peanit No. 2008-05362 to construct _56
single-family residential dwelling units; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 30, 2009, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
groposed request and to investigate and malce findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspeetion, investigation and study made
by iCSelf a~d in its behalf, and aftez due consideration of all evidence and reports offered at said
hearing, does find and determine Che following facts:
1. That the proposed request to permit 56 single-family dwelling nnits is properly
one for which a conditional use permit is authorized under Code Section 18.04.160.010 of the
Anaheim Municipal Code subject to Che approval of Reclassification No. 2008-00221 snbmitted
concunrently; and
Z. ThaY The S6 single-family dwelling unats, as oonditio~ed, will not adversely affect
the adjoining land uses and Che growth and development of the area in which it is located
because it is residentially zoned and the proposed density is less Yhan the 140 dwelling units
permitted uoder the current General Plan land use desienations.
3. That the size and shape of the site for the use is adequate to allow the single-
famiLy dwelling units in a manner noC detrimental Co either the parCicular area or health and safety
as conditioned, as the property is located in an existing residentially zoned property and is
adjacent to property zoned for single-family development.
4. ThaC the traffic generated by the use of the property as single-family dwelling
units, as conditioned, will not impose an andue burden upon the streets and highways designed
and improved to catry the traffic in the area. A traffic study has been prepared for project which
assessed the residential use. The project's potential traffic impacts were evaluated in the
Mitigated Negative Declaration, which indicated that project traffic impacts would be less than
significaot with the impleme~tation of appropriate ruitigaCion measnres.
5. That tbe granting of the co~ditional use pernut under the conditions imposed will
not be detrimental to khe healCh and safety of the citizens of tbe City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Mitigated Negative
Declaration is adequate to serve as the required environmental documentation in connection with
this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for
Che reasons hereinabove stated does hezeby approve GondiYional Use Permit No. 2008-05362
subject to tlie conditions of approval described in Exhibit "B" attached taereto and incorporated
by this reference, which are hereby found to be a necessary prerequisite to the proposed use of
the subject property in order to preserve the health, safery and general welfare of the Citizens of
the City of Anaheim:
BE IT FURTHER RESOLVED that amendmenCS, modi6caCions and revocations
of this permit may be processed in accordance witl~ ChapCer 18.60.190 (Ameodment Co Permit
Approva]) of the Anaheim Munioipal Code.
BE IT FURTHER RESOLVED Yhat the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of khe conditions hereinabove set fortb. Shauld any
such condition, or any part thereof, be declared invalid or unenforceable by the tinal jud;ment of
any eourt of competent jurisdiction, then this Resolution, and any approvals herein contained,
sball be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is xesponsibie for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of Chis application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 30, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions - General" of Yhe Anaheim Municipal Code pertainiog to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIl2MAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM C1TY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEllY1 )
I, Grace Medina, Senior 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 Comrrussion held on March 30, 2009, by the following vote of Yhe members
thereof:
AYES: COMMI3SIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITIV~SS WHEREOF, 3 have hereunto set my hand Yhis day of
March, ~009.
SENIOR SECRETARY, ANAHEIIVI C1TY PLANNING COMMI3SION
EX3-IIBIT "A"
CONDITIONAL iTSE PERMIT NO, 2008-05362
10729
o mo 'oe
Source: Recorded Tracl Maps andlor City GIS.
~ a~ Please note the accurecy is +/- hvo to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05362
CONDITIQNS OF APPROS'AL
(NOTE: Mitigation Measures and Standazd Conditions from RESPONSIBLE
NO. the Mitiaated Negative Declaratian are incorporated into FOR
these conditians of approval and are idenufied l~y the MONITORING
mitigation measure number below apglicable condition
numbers.}' .
PRIOR TlI THE AFl°R,OTfAZ.; (lF ~Rt13171t'G t~~AIY,~, (IR Z'R~CISE GRr~L1I NG Pl.ANS, Of2 '
~
7,4SUr1NC'E`l)x'" ~.,
GRAt~Tl4~G PER1Vlf~`5, .4~F1`I'CFIEt?ER=CIC"CFIRS:~`IItST ,,,
1 The property owner/developer shall submit a Specimeo Tree ~ Planning
Removal Plan to the Planning Department demonsCraCing Department -
that the proposed project has been designed in accordance Planning Services
with the provisions of ChapCer 18.1$.040 and requ3red tree
replacement. A note shall be placed on the grading plan
indicating that the replacement trees shall be planted prior to
khe first final building and zoning inspection. (SC 5.1-1)
2 Focused surveys shall be co~d~cted. The survey shall be Planning
conducted in accordance with Yhe USFWS Interim Survey DeparCment-
' Guidelines to Pernvttees for Recovery Perntits under Section Planning Services
10(a)(1)(A) of Che Endangered Species Act for ehe Listed
Vemal Poo] Branch9opods (1996) or subsequent revision.
Focused fairy shrimp surveys require a 10-day advance
written notificatioa to the USFWS. A compiete fairy shrimp
survey consists of two wet season surveys within a 5-year
period, or a weY season survey immediately preceded or
followed by a dry season survey. (BIO-3)
3 Focused surveys shall be conducted in areas of suitable Planning
habitat for the thread-leaved brodiaea, San Fernando Valley Department -
_ spineflower, Santa Monica dudleya, and Santa Ana Planning Services
woollysTar. ff Che plants aze observed in areas that would be
3mpacted by implementaCion of the project, the plants should
be avoided where feasible. If plants are found to be present
on site, approved mitigation measures would be determined
in consultation with the CDFG. If species are preseut,
~~~ monitori~g should occur before, during, and afYer pxoject
implementation to ensure avoidance of the plants, (BIO-5)
4 In the eve~t thaC listed species (coastal Califomia Planning
gnatcatchers> San Diego and vernal pool fairy shrimp) are Department -
present on the property, prior to approval of mass or rough i Planning Services
grading plaus, the project applicant shall provide written
veriScaCion to Yhe Department of Planning that approval
from the USFWS and/or the CDFG has been obtained for
NO. CONDITTONS OF APPRO~'AL
(NOTE: Mitigation Measures and Standard Conditions from
the Mitigated Negative Declaration aze incorporated into
these conditions of approval and are identified by the
mitigation measure number belo~u applicable condition
numbers.)
RESPONSIBLE
FOR
MONITORING
activities That could affect listed species. The applicanY shall
provide writYen veri~icarion to tt~e Department of Planning
that all applicable protecYion measures specified througb Yhis
consultation are implemented. (BIO-2)
5 The property owner/developer shall include the following Planning
notes on tt~e canCractor specifications submitted for review Department -
and approval by the IIepartmenC of P~blac Works: "To Building Division
reduce constructio~ eqaipment emissions, Che following
measures shall be implemented when feasible:
A. Additional dust suppression measures in the South Coast
Air Qaality Management District (SCAQMD) California
EnvironmenYal Quaiity Act (CEQA) Air Quality
Handbook are included as part of the projecYs measures.
o Revegetate disturbed areas as quickly as possible.
. All excavating and grading operations shall be
suspended when wind speeds (as instantaneous gusts)
exceed 25 miles per hour (mph).
. All streets shall be swept once a day if visible soil
materials are carried to adjacent streets (recommend
water sweepers with reclaimed water).
. Ins2a11 wheel washers where vehicles enTer and exit
unpaved roads onto paved roads, or wash trucks and
any equipment leaving the site each trip.
' a pll on-site roads shall be paved as soon as feasible,
waCered petiodically or chemically stabilized.
• The area disturbed by clearing, grading, earthmoving,
or excavation operations shall be minimized at afl
times.
B. The Construction Coniractor should ensure that
construction grading plans include a statement that work
crews will shut off equipment when not in use. During
smog season (May through October), the overall length
of the consCracCion period will be extended, thereby
decreasing the size of the area prepared each day, to
minimize vehicles and eq~ipme~t operating at t}~e same
time.
COIVDITTON5 OF APPRO'VAL
(NOTE: Mitigation Nleasures and Standard Conditions from RESPONSIBLE
~p, the 1Vlitigated Negative Deciaration ue incorporated inCo FOR
these conditions of approval and are identified by the M0IVITORING
mitigation measure nuinber below applicable condition
numbers )
C. The Construction Contractor should support and
encourage ridesharing and transit incentives for the
constmctiou crew." (AQ-1)
6 The property owner/developer shall submit a letter to the
~ Public Works -
Public Works Department, Develapment Services Division Development
documenting that they have cons~lted with the Department Services
of Fish and Game to determine whether a Lake and
Streambed AlteraCion AgreemenC is reguired. If such an
agreement is required, the property owner/developer shall
eompleCe tbe Lake and Streambed Alteration rocess.
~ The property owner/developer shall provide grading plans to Public Works -
the Department of Public Works demonstrating that graded Developme~t
areas will be compatible with natural landform Services
cbaracYerisYics in conformance with the Anaheim Municipal
Code, Title 17 - Land Development and Resaurces, the City
of Anaheim Grading Design Man~al a~d Hillside Grading
Procedures, the Mountain Park Specific Plan Grading
Concept and Hillside Grading and Landscape Policies, and
khe most recenC version of the Anaheim Bnilding Code
(ABC). (SC 5.1-2)
8 The properCy owner/developer shall prepare a detailed slope Public Works -
landscape plan, which shall be approved by the Department Development
of Public Works. The plan shall be certified by a licensed Services
landscape architect, and be prepared in compliance with
Seetion 17.06 of the City of Analieim M~nicipal Code and
_ the MounCain Par1c Specific Plan Grading Concept a~d __.
Hillside Grading and Landscape Policies to blend landscape
features with Yhe existing environmenC. In addition, the
landscape plan shall co~form to the preliminary landscape
plan approved in conjunekion wiCh Yhe development area
plans. (SC 5.1-3)
9 Tl~e property owner/developer shall include the follow3ng Public Works -
noCes on the contractor specifications s~bmitted for review DevelopmenC
and approval by the Department of Public Works: "To Services
reduce constraction equipment emissions, the following
measures shall be implemented when feasible.
. Use low-emission mobile construction equipment. The
property owner/developer shall comply with California
NO. COIVDITIONS OF APPTiOVAL
(NOTE: Mitigation Measures and Standard Conditions from
the Mitigated Negative Declaration are incorporated into
these condiCions of approval and are identified by khe
mitigation measure number below applicable condition
numtaers.)
RESPON5IBLE '
FOR
1VIQiVITORING '
Air Resources Board (ARB) requirements for heavy
constmctiao equipmeut.
. Maintain consTmction equipment engines by keeping
them tuned.
. Use ]ow sulfur fuel for stationary construction
equipmenY, This is required by SCAQMD Rules 431.1
and 43 L2.
Utilize existing power sources (i.e., power poles) when
feasible. This measure would minimize the use of higher
polluting gas or diesel generators.
• Configure construction parking to minimize traffic
interference.
Minimize obsCrucCion of khrough-traffic la~es. When
feasible, consCraction should be planned so that lane
closures on existing streets are kept to a minimum.
< Schedule construction operations affecting tr~ffic for off- '
peak hours.
. Develop a traffic plan to minimize traffic flow
interference from constmction activiCies (the plan may
include advance public notice of routing, use of public
transportation, and satellite parking azeas with a shnttle
service).
• Use aqueous diesel fuel where feasible and reasonably
commerciaUy available.
. Use cooled exhaust gas recirculation (EGR) where
feasible and reasonably commercially available. (AQ-Z) '
1Q The property owner/developer shall submit copies of Public Works -
' coptracCOr specificatians to the DeparCment of Public Works Deve3opmeot
that include the following requirements to protect nesting Services
birds rewlated by ehe Migratory Bird Treaty Act: "When
feasible, vegetation removal activities shall be scheduled
between July 16 and Pebruary 14 to avoid the nesting
I season. This would ensure that no active nests would be
disturbed and that removal coald proceed rapidly. If
' vegeCaCion removal acCivities occur during Che nesting
season (February i5 to J~ly 15), all suitable hab9tat sl~all be
tlioroughly surveyed for the presence of nesCing birds by a
qualified biologist prior to removal. If any active nests are
NO. CQNDITIONS OF APPROVAL
(NOTE: Mitigation Measuras and Standard Conditions from
the Ivlitigated Negative Declaration are incorgorated into
these conditions of approval and aze identified by the
mitigation measure number below applicable condition
numbers.)'
RESPd1VSIBLE
FOR
MONITORING
detected, the area s6a11 be flagged, along with a minimum
50-foot buffer (buffer may range between 50 and 300 feet as
determined by the monitoring biologist), and shall be
avoided antil the nesYing cycle is complete or it is
determined by the mpnitoring biologist that the nest has
failed." In addition, a biologist shall be present on the site
' to monitor the vegetation removal to ensure thaC nesCS not
detected during the initial survey are not disturbed. The
project biological monitor shall provide written notification
to the Planning Department that these requirements have
heen accomplished following completion of grading
activities associated with each grading permit. (BIO-4)
ll The project biologist shall review the contract specifications Public Works -
to verify that the following measnres to minimize impacts to Development
the coastal California gnatcatcher and oCher coastal sage Services
scrub (CSS) species have been included on the
specifications. The projecC biologisY shall provide writte~
evidence to the Department of Public Works in the form of a
note on the grading plans that this condition has been
completed.
• To the maximnm exteot practicable, no grading of CSS
habitat that is occupied by ~esting gnatcatchers will
occur during the breeding season (February 15 through
July 15). It is expressly understood that thisprovision
and the remaining provisions of these "construction-
related minimization measures" are subject to public
- health and safety considerations. These considerations --
include unexpected slope stabilization, erosion coutrol
measures and emergency facility repairs. In tlae event of
such public health and safety circumstances, landowners
or public agencies/utilities wil] provide United State Fish
and Wildlife Service/California Department of Pish and
Gatne {USFWS/CDFG) with the ma~cimum practicable
notice (or such notice as is specifred in the Natural
CommuniCies Conservation Program/HabiCat
Conservation Plan [NCCP/HCP]) to allow for capture of
gnatcatchers, cactus wrens, and any pther CSS Identified
Species that are not otherwise flushed, and will cany out
the followio~ measures only to the extent as practicable
in the context of the public health and safety
co~siderations.
NO. cormaTrorrs oF arrxovaz.
(NOTE: Mitigation Measures and Standard Conditions from
the Mitigated Negative Declaration are incorporatediinto
these conditions of appcQVal and aze idenfi£'ied by the
mitigation measure number below applicabie condition
numbers )'
I2ESPdNSIBLE '
FOR
1VIOIVITORING '
• Priar to commencement of grading operatioos or other
activities involving significant soil disturbance, all areas
of CSS habirat to be avoided shall be identified wiCh
temporary fencing or other markers clearly visible to
construcCion personnel. Additionally, prior Yo the
commencement of grading operations or other activities
involving disturbance of CSS, a survey will be conducted
to locate gnatcatchers and cactus wrens within 100 feet
of the outer extent of projected soil disturbance activities,
and the locations of any sucb species shall be clearly
marked and identified on the construction/grading pla~s.
~ A monitoring biologist, acceptable to USFWS/CDFG
will be on site during any ciearing of CSS. The
landowner or relevant public agency/utility will advise
USFWS/CDFG at least seven (7) calendar days (and
preferably fourteen [14] calendar days) prior to the
clearing of any babiCaC occupied by Identified Species to
allow USFWS/CAFG to work with the monitoring
biologist in connecCion wiCh bird flushing/capture
activiCies. The monitoring biologist will flusb Identified ~
Species (avian or other mobile Identified Species) from
occupied habitat areas immediately prior to brush-
clearing and earth-moving activities. If birds can~ot be
flnshed, t~ey will be captured in mist nets, if feasible,
and relocaCed to azeas oF che siCe to be proYecYed or to the
NCCP/HCP Reserve System. It will be the responsibility
of the monitoring biologist to assure that Identified bird
- species will not be directly impacted by brush-clearing -"
and earth-moving equipment in a manner that also allows
for ~construction activities on a timely basis.
. Following Che completion of initial grading/earth-moving
acCivities, all areas of CSS habiCat Co be avoided by
construction equipment and personnel will be marked
with temporary fencing and other appropriate markers
clearly visible to construcCion personnel. No
construction access, parking, or storage Qf equipmenC or
materials will be permitCed within such marked areas.
o In areas bordering Che NCCP Reserve SysCem or Special
Linkage/Special Managemeot areas containing
signiffcant CSS identified in the NCCP/HCP for
rotection, vehicle transportation routes between cut-
CONDITIONS OF APPROVAL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE '
NO. the Nlirigafed NegaCive Declaration ue incorparated into FOR
these conditions of approval and are identified by the MOIVITORING
mitigation measure nnmber below applicable condition
numbers.)
and-fill locations will be restricted to a minimum number
during construction consistent with project construction
requirements. Waste dirt or rubble will not be deposited
on adjacept CSS ident3fied in the NCCP/HCP far
protectioo. Preconstruction meeCings involviog the
monitoring biologist, construction supervisors, and
equipmenC operaYOrs will be conducted and documented
to ensure maximum practicable adherence to these
measures.
• CSS identified in Che NCCP/HCP for protecCion aod
located within the likely dust drift radius of construction
areas shall be periodically sprayed with water to reduce
accumulated dust on the leaves as reeommended by the
monitoring biologist, (SC 5.4-1)
12 The City Engineer or a designee shall confirm that the plans Public Works -
' and specificat9ons stipulaYe that af evidence of subsurface Development
archaeologic2l resources is found during construction, Services
excavation and other construction activity in that area shall
cease and the contractor shall contact the Construetion
Engineer, who will then contact a County-certified
archaeologist to determine the extent of the find and take
properactions. (ARC-1)
13 A CiYy-approved paleontologist shall be retained by the Public Works -
applicant/developer to prepare a Paleontological Resource Development
Impact Mitigation Plan (PRIMPj. The PRIMP shall include, Services
but not be limited to: __.
. Attendance at tt~e pregrade conference in order to explain
the mitigazion measures associated with the project.
. Monitoring of excavation activities by a qualified
paleontological monitor in areas identified as likely to
contain paleontological resources. T'he mo~itor should
be equipped eo salvage fossils and/or matrix samples as
they are unearthed in arder to avoid co~stmction delays.
The monitor must be empowered to temporarily halt or
divert equipment in the area of the find in order to allow
removal of abundant or large specimens.
. Localized concentrations of small (or micro-) vertebrates
may be found in on-site deposits. Therefore, it is
recommended that these sediments occasionally be spot
NO. C4NDITIONS OF APPROVAL
(NOTE: Mieigation Measures and Standard Conditions frorn
tha Mifigated Negative Declaration ue incorporated'into
these conditions of approval and are identified by the
rnitigation measure nuznber below applicable condition
numbers.);
RESPONSIBLE
FOR
MONTTORING
screened through one-eighth to one-twentieth-inch mesh
screens to detertnine whether microfossils are present, If
microfossils are encountered, additional sediment
samples (up to 6,000 pounds [lbs]) shall be collected and
processed through one-twenYieYh-inch mesh screens Co
recover additional fossils.
• Preparation of recovered specimens to a point of
identification and permanent preservation. This includes
the washi~g and picking of mass samples to recover
small invertebrate and vertebrate fossils and the removal
of surplus sediment from around larger specimens to
reduce t6e volume of sCOrage for the repository and the
storage cost for the developer.
' • 3dentificatiou and curation of specimens in a musenm
repository with permanent, retrievable storage.
PreparaCion of a repon of findings with an appended,
itemized inventory of specimens. When submitted to the
Lead Agency, the report and inventory would signify
campletion of t6e program to mitigate impacts to
paleontological resources. (ARC-2)
14 ~ compliance with the Anaheim Municipal Code, Cbe Public Works -
property owner/developer shall submit a final geotechnical Development
report prepared by an engineering geologist and geotechnical Services
engineer to the Department of Pubiic Works for review and
approval. This report shall be prepared to the satisfaction of
the City Enginear and shall address soil- and geology-related
" constrainis and hazards such as slope stability, settleme~C,
liquefacCion, and related secondary seismic hazards. A final
geoYechnical report shall be submitted and approved by the
'I City. Specifically, the report shall:
. Include an assessment of potential soil-relaTed constraints
s~ch as stability of proposed cuC, fill, and naCUral slopes.
Conduct further subsurface exploration to refine geologic
stzvcture for cut slope stability. If tbe report finds
stabilization necessary, grading plans sha11 require
corrective measures to address the need for stabilization;
. Include an assessment of on-site landslides and
appropriate corrective measores, such as further
subsurface exploration of landslide areas beneath
NO. CQNDITIONS OF APPRQYAL
(NOTE: Mitigation Measures and Standard Conditions from
the Mitigated Negakive Declaration are incorporated'inCO
these conditions of appraval and are identified by the
mitigation measure number beloyv applicable condition
numbers );
RESPQNSIBLE '
FOR
MONITORING '
planned fills and development areas. Conective
measures would include complete removal, if feasible, or
stabilization or buttressing of the landslide. This would
involve partial removal of the landslide and stabilizing
potenCial fature movement with eartben fill or reinforced
materials;
• Include subsurface exploraYion of alluvial and canyon
drainage areas beneath planned fills or development
areas;
. Evaluate excavation eharacteristics of on-site eazCh
materials;
• Include subsurface exploration to refine geologic
structure for cut slope stability;
. $stablish specific remedial grading requirements,
including but not limited to establishing parameters for
stabilization/buttressing of slopes and removal of
unstable soil maTerials;
o Provide grading, foundation, and structural design
recommendations based on findings of future
geotecUnieal invesCigations;
. Address settlement, liquefacCion, and sCmccural design
recommendations. Grading plans shall incorporate
removal, where feasible, of all potantially liquefiable
allavium. The grading plans shall also incorporate
placement of engineered fill in the ca~yons and
' installation of a subdrain system; --
e Address the potential for expansive soils. Representative
soil samples of near-surface soil material sball be
collected and tested for expansion potential after the
completion of rough grading on site. Expansive soils
that are deirimental to the project shall be subject to
special buiiding/foundation design, deepened
foundations, post-tension foundaCions, soil removal,
se]ecCive grading Co blend bighly expansive soils with
soils of low expansivity, moisture condiCioning, or other
corrective measures as recommended by a licensed
soils/geoteclinical engineer and approved by Che City
Engineer prior to approval of each grading plan;
' . Include an evaluation of otentially conosive soils and
CONDITIQNS OF APPROVAL
(NOTE: Mitigation Measuzes and Skandard Gonditions from RESPO1VSiBLE '
NO. the Mitigated Negative Declaration are incorporated inCO FOR
these conclitions of approval and are identified by the MOI~TITOTLING
miCigation rneasure number below applicahle condition
numbers )
recommend appropriate conective measores. If
conosive soils are found, corrective measures shall be
incorporated into the grading plans;
o Address collapsible/compressible material. T6is material
shall be subject to removal or other conective measures
in all areas planned for strucC~ral fill. Topsoil,
colluvium, alluvium, highly weathered bedrock, and
landslide materials with setClement potential shall be
subject to corrective measures such as removal and
recampaction, surcharging, setflement monitoring, and/or
other measures deemed appropriate by the geotechnical
engineer of record and approved by the City Engineer
prior to approval of each grading plan;
• 3nelude appropriate laboratory testing to define soil
engineering parameters;
. Include additional refraction lines to better ascertain rock
hardness and rippability for specific planned cut areas;
and
. Include a review of seismic and faulting condaYions on
site. Seismic design garameters idenCified for the project
shall be incorporated into project design as applicable.
Caltrans seismic design criteria for Che proposed
overcrossings shall be incorporated into overcrossing
design and implementation. (SC 5.6-3)
15 A note shall be added [o the gradi~g plan requiring that Public Works -
_ during grading operations, all a ading and earthwork shall ' Davelopment
be performed under the observation of a registered Services
geotecl~nica] engineer in order to achieve proper subgrade
' preparation, selection of satisfactory materials, and
' placemeot and compactioo of all structural fill. An
engineering geologist shall map cut slopes during grading to
i identify any laterally continuous, adversely oriented, broken
or fractured zones that may reduce slope stability. The note
shall be prepared to the satisfacCion of the Department of
Public Works. (GEO-1)
~ 6 In any area in which the Southem Trails Pipeline is located Public Works -
or is proposed to be relocated within tl~e grading plan Development
boundaries, the property owneddeveloper shall obtain the Services
a roval of Che QaesCar Pi eline Com an and the Cit of
CONDITIONS OF APPRQVAL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE
1VQ, the Mitigated Negative Declaration aze incorporated into FOR
these conditions of approval and are identified by the MONITORING i
mitigation measura number below applicable condition
numbers.);,
Anaheim k'ire Department. Written evidence of this
approval shall be submitted to the Dapartment of Public
Works. (HAZ-1)
~~ The property owner/developer shall provide the City Public Works -
Enganeer with evidence that an NOI has been filed with the Development
Storm Water Resources Control Board (SWRCB). Such Services
evidence shall consist of a copy of the NOl stamped by che
SWRCB or Regional Water Quality Control Baard
{RWQCB), or a letcer from either agency stating that Che
NOI has been tiled. (SC 5:8-1)
~ 8 The propeRy owner/developer shall prepare a S WPPP that Public Works -
complies with the Co~strucCion General PermiC and that Development
will: Services
a. Require implementaYion of best managemenC pracCices
(BMPs) designed with a goal ~f preventing a net
increase in sediment load in starm water discharges
relative to preconstruction levels;
b. Prohibit discharges of storm water or non-storm water
at levels which would cause or contribute to an
exceedance of applicable waCer quality sCandards
contained in the Basin Plan during the construction
period;
c. Discuss in detail the BMPs planned for the project
related to control oP sediment and erosion, __.
~ nonsedimeiit polluCants, and potential pollutanYS in
nonstorm waYer discharges;
d. Describe post-construction BMPs for the project;
e. Explain the maintenance program for the project's
BMPs;
f. Require reporting of violations to the RWQCB during
construction; and
g. List the parties responsible for
SW~PP implementation and BMP maintenance during
and after grading. The pro}ect proponent sha~l
implement the SWPPP and will modify the SWPPP as
directed by the Construction General Permit. (SC 5.8-
Z)
CQIVDITION5 OF APPROVAL
(NOTE: Mitigation Measures and Standazd Conditions from RESPONSIBLE '
NO. the Mitigated 1Vegative Declaration are incorparated into FOR
these conditions of approval and are identified by the MOIVITORING
mitigation measure number below applicable condition
numbers~)
19 A copy of the subseqaent notifiaation of the issuance of a Public Works -
Waste Discharge Identification (WDID) Number shall be Development
provided to the Public Works, Development Services Services
Division. A copy of the StormwaCer Pollntion Prevention
Plan shall be kept at the project site and be available for City
review u on re uest.
20 The property owner/developer shall submit, and the City Public Works -
Engineer shall have approved, a WQMP. The WQMP shall Development
identify the BMPs that will be used on site to control Services
predicCable polluYant runoFf. More specifically, Che WQMP
shall, in accordance with the Drainage Area Management
Plan (DAMP) and Local Impleme~tation Plan (LIP), do the
following:
a. Describe the Site Design, Source Control, and
Treatment BMPs to be used at the proposed
development site (including both structural and
nonstructural measores);
b. Describe respoosibility for C~e initial implemenCation
and long-Yerm maintenance of the BMPs;
c. Provide narrative with the graphic materials as
necessary to specify the locations of the structural
BMPs; and
d. CertiPy that the property owner/developer will seek to
have the WQMP carried out by all future successors or
assigns to the property. (SC 5.8-3)
Z1 + ' Construction of the proposed project may potentialiy result Public Works -
in relatively high noise levels and annoyance at the closest Development
' residences. Prior to approval of grading plans and/or prior to ' Services
~~ issuance of building permits, plans shall include a note
requiring the following measures to be implemented to
reduce short-term construction-related noise impacts
resulting from the proposed project:
. During all project site excavation and grading, the project '
contractors shall equip all construction equipment, fixed
or mobile, wiYl3 properly operating and maintained
mufflers consistent with manufacturers' standards.
o Noise-generating project coustmction activities in the
City of Anaheim shall nat occar between Che hours of
CQNDITTONS OF APPRO~'AL
(NOTE: MiYigakion Measures and SYandard Conditions from RESPONSIBLE i
NQ. the Mirigated Negative Declaratioa aze incorporated into FOR
these canditions of approual and are identified by the MOTVITORING i
mitigation measure number below applicable condifion
numbers,)
7:00 p.m. and 7:00 a.m. This requirement applies to
consCivetion aetivities withsn 3,000 feet of reside~tial
uses, eonsistent with the CiCy of Anaheim Noise
Ordinance. (SC 5.11-1 )
22 Tlie applicant shall submit a traffic control plan, including Public Works -
conskruction haLil rautes, duration, location of lane closures Development
(if any), and any pedestrian-related impacts to sidewallcs and Services and
intersection crossings for review and approval by the Traffic
Department of Pablic Works, Development Services En~neeriug
Division and Traffic Engineering Division. (SC S.15-1)
23 A~nal fuel modification pla~ shall be submitted to and Fire Department
approved by the City of Anaheim Fire Department. The fuel
modificaCian plan shall be pzepazed in accordance with the
provisions of the California Fire Code in effect at the time of
submittal of 2he tentaCive Cract map and be based upon the
criteria set foRh in the City of Anaheim Fire Department
Fuel Modificatioo Pla~ Guidelines. Prior to final building
and zoning inspection for the first building, fuel
modification zones shall be installed aad iospected in
substantial conformance with the approved plans to the
satisfaction of the Fire Departme~t. (SC 5.7-1)
~4 Prior to approval of any grading plans with3n a~ azea in Fire DeparCment
which khe Southern Trails Pipeline exists or is proposed to be
relocated, the property owner/developer shall submit a safety
plan to the Ciry of Anaheim Fire Department. If there are
" any environmental concerns relating to developing adjacent
to the pipeline or relocating ic identified during subsequent
reviews, the property ownerldeveloper shall be responsible
for financing/implementing any necessary mifigation
measures. The safety plan shal] be cons9stent with safery
i regulations adopted by the Fire Department. The safeCy plan
shall be reviewed by the Questar Pipeline Company and
' approved by the Fire Department. Relocation of the pipeline
~~ shall occur at no cost Yo the Ciry. (HAZ-2)
PRfQR TO ~PR O t~AL:,OF:STREET.111~PRfIVEMENT "PI;ANS: ° , ; „ < , „ ,
25 The property owner/developer shall sabmit a deTailed ~~~ Public UtifiCies -~
lighting plan for review and approval by the Public Utilities ' Electrical
Department. The plan shail be certified by a professional Engineering
enb neer and be re ared to minimize light s illover effects. '
CC)NDITIONS OF APPRO~'AL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE
NO. the Mitigated Negative DecIazation aze incorporated into FQR
these conditions of approval and aze identified by the MONITQRING
mitigation measnre number below applicable condition
numbers.)
The plan shall also be reviewed for compliance with adopted
City standards. (SC 5.1-4)
PRZCIR TDAPP RG!TYtIL;.(IF Wr~'TER,IMP12(J~~tVt'~IVT PI~iNS ... . . : . . : .: :. . . .:": -:
26 The property owner/developer shall submit a water system Public Utilities -
master plan, including a hydraulic distribution network Water
analysis and estimate of the maxim~m required fire flow rate Engineering
i and the maximum day and peak hour water demands for the
development for review and approval. The master plan shall
demonstrate the adequaey of the proposed on-site water
system to meet the project's water demands and fire
protection requirements without reducing the City's water
system improvements required to serve the project in
accordance with Rule 15A.6 oP the Water Utility's Rates,
Rules, and Regulations.
,PRIIIR.TOIu~'SU
~ ANCE`(?F`13UX~DIN('rPERt1177'S,';. "
27 The properCy owner/developer shall submit fina] building ~ Planning
footprints, floor plans, roof plans, elevations and color Department -
renderings to tl~e Planning Depar[ment for the review and Planning Services
approval by the Planning Commission as a Reports and
Recommendations item. Plans shall be prepared to the
satisfaction of the Planning Department and in compliance
with the Guidelines for Small-loC Development.
~8 The property owner/developer shall pay the School Impact Planning
Fees in effect aC Che time of issuance of the building permit Department -
to the Orange Unified School District. (SC 513-3) Building Division
29- The property owner/developer shall demonsCrate that each Plamm~g
structure has been designed in accordance with the most Department -
recent seismic standards in the Anaheim Building Code Buildin~ Division
(ABC) and approved by the Chief Building Official. The
ABC contains provisions that regulate the design and
construction of excavation, foundations, retaining walls, and
otk~er building elements to control the effects of seismic
ground shaking and adverse soil conditions. (SC 5.6-1)
30 The project would result in total (vehicular and stationary) Flanning
daily emissions that are less than Yhe daily emissiQns Department -
thresholds established by the South CoasY Air Quality Building Divisio^
Management District (SCAQMD). The proposed project is
required to comply with Title 24 of the Califomia Code of
Regulations established by the Energy Comtnission
',
NO. COIVDITIONS pF APPRQVAL .
(NOTE: Mitigation Measures and Standazd Ccanditions &om
the Mitigated Negative Declazation aze incorporated into
these conditions of appraval and aze identified by the
mitigation measure nuinber below applicable condition
~iumbers.)=~
RESPON5IBLE
FOR
MONITORING '
regarding energy conservation standards. The property
owner/developer shall provide written evidence and/or
standard details demo~strating compliance wiCh Title 24,
Part 6, on plans sobmiTCed for buildiog permits. Reducing
the need to heat or cool stmct~res by improving fliermal
integriYy will result in a reduced expenditure of energy and a
reduction in pollutank emissions. The properry
ow~er/developer shall incorporate the following in bailding
plans:
. Low-emission water heaters shall be used. Solar water
heaters are encouraged.
. Exterior windows shall uCilize window treatmenYS Por
efficient energy conservaYion.
In addition, the following measures shovld be implemented
in order Co reduce direct and indirect consnmpYion of eoergy.
e Recycle construction and demolition waste with 5~75
percent waste diversion through use of off-site waste
Sprting.
o Utilize drp~gbt-resistant laadscape and nakive plant
species where practicable.
. Use nonturf in on-site landscaping and limit off-site turf
use to areas of parkway between walkways and streets
unless the City agrees to allow use of non-turf landscape
_ in the parkway. - -
. Provide a malti-zone low-flow and low-drip irrigation
system wiC4 weaYher- or moisture-sensing capability.
. Use reclaimed water for on-site and off-site irrigation as
it is available.
. Employ efficienC szructural design to minimize the
quantity of concrete and steel required for the buildings.
• Al7 hot water piping and storage tanks will be insulated,
and energy-ef6caent boilers will be used.
. All pubJic space lighring will meet or excead Title 24
reqnirements.
Exterior fighting will be conCroIled by a celestial clock or
by a combinatio~ of timers and photo sensors to limit
NO. CONDITIONS OF APPROVAL
(NOTE: Mitigation Measures and Standard Cortditions fmm
the Mitigated Negative Declaration aze incorporated inCO
these conditions of approaal and aze identified hy the
mitigation measure number below applicabie condition
numbers.}
RESpONSIBLE
FOIi
MONITORING i
energy use.
• All supply ductwork will be sealed and leak-tested. Oval
or round ducts will be used for 75 percent of supply
ductwork, excluding risers.
Roofing will have a solar reflectance index of 78 or
greaCer.
All glazing will utilize insulated low-E glass. (SC 53-1)
31 The project is required to comply with regional rules that Planning
assist in red~cing short-term air pollutant emissions. DepaRment -
SCAQMD Rule 403 requires that fugitive dust be conCrolled Building Division
with best available control measures so that the presence of
such dust does not remain visible in the atmosphere beyond
! the property line of the emission source. In addition,
' SCAQMD Rule 402 requires implementatiou of dust
suppression techniques to prevent fugitive dust from
~ creating a nuisance off site. Applicable dust suppression
~~ techniques Prom Rule 403 are summarized below.
Implementation of these dust suppression technigues can
reduce the fugitive dust generation (and thus the PM10
[particulate maCter less than 10 microos io size] component).
Compliance witb these rules would reduce impacts o~
nearby sensitive receptors.
Applicable Rule 403 Measures:
_ • Apply nontoxic chemical soil stabilizers according to ---
manufacturers' specifications to all inactive constmction
areas (previously graded areas inactive for ten days or
more).
. Water active sites at leasC twice daily. (Locations where
grading is to occur will be thoroughiy watered prior to
earth moving.)
. A11 trucks haaiing dirt, sand, soil, or other loase
materials are to be covered, or should maintain at least 2
feet (ft) of freeboard in accordance with the requirements
of Califomia Vehicle Code (CVC) Section 23114
(freeboazd means verCical space beYween the top of khe
load and top of the trailer).
• Pave construction access roads at least 100 ft onto the
CONDITIONS OF APPR4VAL
, (NOTE: Mitigation Measuras and Standard Conditions from RESPQNSIBLE '
NO. the Mitigated Negative Declaration aze incorporated'into FOR
these conditions of approval and aze identified by the MOIVITORIIVG
mitigaiion measure number below applicable condition
numbers.}
site from main road.
o Traffic speeds on all unpaved roads shall be reduced to
15 miles per hour (mph) or less.
In addition, the proposed project would comply with
SCAQMD Rule 1 ll3 on the use of architectural coatings.
Emissions associated with architectural coatings should be
reduced by using precoated/natural colored building
materials using water-based or low-VOC coating and using
coating [ransfer or spray equipment with high transfer
efficiency (or using manual application methods). (SC 5.3-
2)
32 Construction of the proposed project may potenCially resalC Public Works -
in relatively high noise levels and annoyance at the closest Development
residences, Prior Co approva] of grading plans and/ar prior to Services
issuance of building permits, plans shall i~clude a note
requiring the following measures To be implemented to
reduce short-term construction-relaYed noise impacts
resulting from the proposed project:
. During all project site excavation and grading, the project
contractors shall equip all construction equipment, fixed
or mobile, with properly operating and maintained
mufflers consistent with manufacturers' standards.
Noise-generating project consCmeCion aeCiviGes in Che
City of Anaheim shall not occur between the hours of _
" 7:00 p.m. and 7:00 a.m. This requirement applies to
coostraction activities wiChin 3,000 feet of resideotial
oses, consistent wiCh Che City of Anaheim Noise
Ordina~ce. (SC 5.11-1 )
33 The final map shall be submitted to and approved by the Public Works -
City of Anaheim and the Orange County Surveyor and then Development
' shall be recorded in the Office of Orange County Recorder Services
; (Subdivision Map Act, Section 66499.40). This conditioo
shall not a ly to emufs issued for model homes.
34 The property owneddeveloper shall submit building pad Public Works -
i certifications to the Department of Public Works, as required Development
in Code SecCion 17.06, documenting that grading Y~as been Services
completed in co~formance with the Anat~eim Municipal
Code, Title 17 - Land Development and Resources, the City
CONDTTIONS QF APPROVAL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE
NO. the Mitigated Negative Declaration are incorporated into FOR
these conditions of approval and are identified hy the MONITORING '
mirigation measure nuinber below applicable condifion
numbers.),
of Anaheim Grading Design Manual and Grading Plan
Procedures, and the Mountain Pazk Specific Plan Grading
Concept and Hillside Grading and Landscape Policies. (SC
5.6-1)
35 The property owner/developer shall provide written evidence Public Utilities -
to the Public Utilities Department that the relocaCed Southern ElecCrical
Trails Pipeline has been inspected and approved by the Engineering
Califomia Public Utilities Commission (CPUC). (HAZ-3)
36 The properCy owner/developer shall pay fees in accordance Public Utilities -
with the City of Anaheim's Electric Rates, Rules and Electrical
Regulations for elecCrica] residenCial services for specific Engineering
uses within the developmeot site. (SC 5.16-11)
3~ The property owner shall coordinate its service requirements Public Utilities -
and relocation iss~es wiYh the City of Anaheim Public ElecCrical
Utilities Department and tbe other otility companies Engiueering
involved. (SC 516-19)
38 Building plans shall show that the property shall be served Public Utilities -
with underground uCilities per the Electrical Rates, Rules, Electrical
and Regulations, and the City of Anaheim Underground Engioeering
~ Policy, with installation prior to the first final building and
zoning inspection. (SC 5.16-20)
39 The property owneddeveloper shall pay fees and provide the PubGc Utilities -
_ necessazy infrastructure for the installation of the on-site aud E1~ctFical
off-site electrical and communication systems to serve said Engineering
tract, designed and phased to provide electrical service for
khe development areas within the pxoject site. This shall
inclade ]ine extensions from the Park Substation to tfie
development site. A note shall be added to the construction
plans that the applicable electrical and commanicatian
system improveanenYS shall be insYalled prior to the first final
building and zouing inspection for the tract or parcel map.
(SC 516-14)
40 The property owner/developer shall submit electric system Public Utilities -
plans to khe Public UtiliCies Departmenk, ElecCrical ElecCrical
Engineering Division, demonstrating thaC the electric system Engineering
is in conformance with Yhe Public Facilities Plan. The
ro erty owner/develo er shall extend aad construct the
CONDITIQNS OF APPRO VAL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE .
~TO. the Mitigated Negative Declazation aze incorporaTed into FOR
these conditions of approval and aze identified by the MOIVITORING '
mitigaGion measure number below applicable condiCion
numbers.)
necessary facilities, including electric lines, to serve
! development phases. (SC 5.16-23)
41 All backflow equipment shall be located above ground Public Utilities -
i outside of the sTreet setback area in a manner fully screened Water
' form all public streets and alleys. Any other large water Engineering
system equipment shall be installed to the satisfaction of the
Water Engineering Division outside of the street setback area
i in a manner fully screened from all public streeCS. Said
information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection
! Control Inspection.
42 The developer shall submit waCer improvement plans to the Public Utilities -
Water Engineering Division for review and approval to Water
determine the conditions necessary for providing water Engineering
service to the project and for a performance bond in the
amount approved by the City Engineer and on a form
approved by the City Attor~ey shall be posted with the City
of Anaheim.
43 ~ndividual water services and/or fire line connections will be Pablic Utilities -
required for each parcel or residential unit per Rule 18 of the Water
City of Anaheim's WaCer Rates, Rules and Regulations or a Engineering
]egal assoaiaYion CC&R shail be required among separate
property owners related to perpetual payment of all water
utility services rovided.
~ The property owner/developer shal] pay Che Public Utilities Public Ucilities -
_ Department a proportionate share of a water supply source to Wate~
meet the projected increases in water demands in accordance Enaineering
with Rule 15.C, Seetion 3, Public Utilities Department WaCer
Rates, Rules and Regulations and pay all other applicable
zmpacC fees required onder Rule 15 of the Public UtiliCies
Department Water Rates, Rules and Regulations. Although
the latesC Urban WaCer Management Plan (LTWMP)
concludes there is adequaCe capacity to serve the proposed
project, an addiYional waCer supply souree will ensure there is
no loss of redi~ndancy and/or reliability to the City water
supply system. (3C 5.16-8)
~5 Irrigation systeros within the project area shall be controlled Public Utilities -
by automatic programmable irrigation conCrollers that utilize Water
Califomia lrrigation Maoageme~t Information System Eno neering
(CIMIS) data to adjust water times and duratioos based on
CONDITIONS OF APPRO'YAL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE
NO. the IVlitigated Negative Declaration aze incorporated into FOR
these conditions of approval and aze identified by the MOlVITORING `
mifigation measure number below applicable coudition
numUers.)
daily evapotranspiration data. Prior to approval of landscape
plans, the property owner/developer shall provide
verificaCion in Che form of noYes on the plans to the Public
Utilities Departmant, Water Engineering Divisian that the
irrigation sysCem is in conformance with the SAMP. The
Public UtiliYies Department shall confirm that it is in
conformance with the iirigation system identified in the
SAMP. Community-wide irrigation control shall be
provided by a centralized irrigation control system designed
to separately valve hydrozones based on plant water
requirements, exposure, and Cerrain characteristics. All
sysYems shall utilize matched precipitaYion rate nozzles and
emitters for precise waCer applicaCion, adjusYable low-angle
nozzles ko reduce overspray, check valves to reduce low
head drainage, and master valves to minimize water ]oss in
the event of a line break or valve malfunction. (SC S.lb-5)
~6 The properCy owner/developer shall incorporate Che Public UCilities -
follorv9ng energy-saving gractiees into building plans. The Resource
property owner(developer shall implemeot, to the extent Efficiency
feasible, Ch~se eaergy-saving gractices, in compliance with
Title 10 of the Anaheim Municipal Code, prior to each final
building and zoning inspecttion:
a. Consultation with the Public Utilities Department energy
conservation experts for assistance with energy
conservation design features
- b. Use of electric motors designed to conserve energy -'
' c. Use of speaial lighting fixtures sucb as moUoo sensing
light switch devices and compact fluorescent fixtures i^
place of incandescent lights
d. Use of T8lamps, electronic ballasts, and metal halide or
high-pressure sodium for outdoor lighting. (SC 5.16-12)
4~ The proposed project sball comply witb a11 StaCe Energy Public Utilities -
Insulation Standards and City of Anaheim codes in effect at Resource
[he time of application for building permits. (Commonly Efficiency
referred to as Title 24, these standards are updated
periodicaUy Yo allow consideration and possible
incorporation of new energy efficiency technologies and
methods. Title 24 covers the use of ener y efficient building
CONDITIONS OF APPRO~'AL
(NOTE: Mitigation Measures and Standard Conditions from RESPONSIBLE
Np, the Ivlitigated Negatiue Declaration aze incorporated'into FQT2
these conditions of approval and aze identified l~y the MOIVITORING !
mitigation measure nuinber below applicable condition
numbers.}'
standards, including uentilation, insulation and construction,
and the use of energy-saving appliances, conditioning
systems, water heating, and lighting.) Plans submitted for
buildang permits shall include written notes demonstrating
' compliance with energy standards and shall be reviewed and
approved by the Public Utilities Department prior to issuance
of building pernuts. (SC 5.16-10)
48 Plans shawing an all-weather access road shall be submitted Fire Department
for review and approval by the Fire Department. This road
shall be provided ongoing during constr~ction.
49 ~he Uuilding plans shall contain a note indicating Chat the Fire Department
fire hydranYS shall be installed and charged as required and
approved by the Fire Department prior to commencement of
structural framing.
50 Approval from the Fire Department shall be obtained Fire Department
indicating that all fire hydrants meet the minimum Fire
Department Specifications and Reqairements for spacing,
distance to structure and available fire flow.
51 The project shall be shown to comply with the Anaheim Fire Fire Department
Department's "Specificatioos and Requirements for Fuel
Modification Plans and Maintenance".
52 A note shall be incladed oo the building plans indicating Yhat Fire DeparCment
_ emergency vehicular access shall be provided and --
maintained in accordance with Fire DepartmenY
Specifications and Requirements.
53 An automat9c fire sprinkler system shall be designed, Fire Department
' installed and maintained in each residential unit as required
by the Fire Department.
5~ The property owneddeveloper shall pay Che Police Facilities Police
CapiCal Improvament Fee in effect at t}~e kime of issuance of Department
the building permit; or, if the fee has not been adopted at the
time of issuance of the first building permit, the payment of
an amount estimated by the City of Anaheim Police
Department to be the approximaYe fair share aCtributable to
' the project for police services. (3C 5.13-2)
CONDITIONS OF APPROVAL
(NOTE: Mitigalion Measures and Standard CondifionS from RESPONSIBLE
NO. the Mitigated Negative beclaration ue incorporated into FOR
these conditions of approval and aze identified by the MONTTORING '
mitigation rneasure number belaw applicable condirion
numbers.)',
55 The applicant shall pay a fee in lieu of dedication and the Community
development fee for the purpose of providing park and Services - Parks
recreational facilities to serve the future residents of Che Division
proposed residential development. (SC 514-1)
5~ The property owner/developer shall pay fees for sewer Public Works -
service to the City of Anaheim and Orange County Streets and
Sanitation Disuiat (OCSA). (SC 5.16-3) Sanitation
57 The property owner/developer shall demonstrate to the Public Utilities -'
Public Utilities Department thaC waCer consumption Resource
reduction measures have been implemented as required by Efficiency
State law in accordance with the WaCer UCilities Rates,
Rllles and Reguiations. Where appropriate, plans submitted '
for building permits shall include ~otes on plaos that
indicate the measures tt~at will be utilized to reduce water
cansumpCion. Such measures, where feasible and
apprapriate, shall include bue aze not limited Co:
a. Low-flush toilets and urinals (Health and SafeYy Code
Section 17921.3);
b. Ma~cimum flow rate of all new showerheads, lavatory
faucets, and sink faucets (Title 20, Califomia Code of
Regulations [CCR] Section 1604(~);
c. Appliances certified by man~facturer to comply with
regulations established by applicable efficiency
standards (Title 20, CCR Section 1606(b)); __.
d. Public lavatories equipped with self-closing faucets Ctiat
limit the tlow of hot water (Government Code Section
7800);
e. Hot water pipes insulated to reduce water used before
hot water reaches equipment or fixtures (Title 24, CCR
Sectiou 2-5352(i) and (j)); ~
f. Conservation reminders posted in rooms and restrooms;
g. Thermostatically controlled mixing valve for
bath/shower; and
h. Implementation of efficient imgaNon systems to
minimize runoff and evapocation. (SC 5.16-7)
f~ENE~7C1E~,- 01K'G01`tVG7~UFi'71~G ~R`QJ~CT.OPEItATION' ~ : ; : ~~ , - ~ ~ ~
CONDITIQNS OF APPROYAL
(NdTE: Mitigakion Measures and Standard Conditions frQm RESPONSIBLE
NO, the IvIitigated Negative Declaration aze incorporated inCO FOR
these conditions of approval and are identified by the MONITORING '
mitigation rneasure number below applicabla condition
nnmbers.~
58 In the event that this property begins development prior to Public Works -
the adjacent Mountain Park development, the developer shall Development
be responsible for construcCion of a~l infrastructure to Services
support the development as required by the City Engineer.
Ali development is subjecC to the requirements approved in
EIR No. 331 approved in conjunction with the Mountain
Park Specifie Plan development.
59 A preconstruction breeding season sarvey (approximately Public Works -
February 15 through July 15) during the same calendar year Development
that construction is planned to begi~ sball be conducted by a Services
qualified biologist to determine if any burrowing
owls/coastal cactus wrens are nesting pn or directly adjacent
to the project site. ff the above survey does not identify any
nesCing bunowing owls/coastal cactus wrens on the projecC
site, then no further mitigation would be required. The
presence of either of these species within the project area
shall trigger irnmediate caosultation with the CDFG.
Appropriate mitigation and/or avoidance measures will be
developed in consultation wiCh the CDFG. Measures to
minirnize or miCigate the impacts shall be set forth in a
mitigation plan prepared in coordination witl~ CDFG sCaff
and submitted by the applicant to the City of Anaheim prior
to issuance of the grading permit. (BIO-6)
60 CoasCal California gnatcatcher presence/absence surveys will Planning
be conducted in accordance with United States Fish and Department -
_ Wildlife Service (USFWS) guidance. Presence/absence Planning Services
' surveys consist of a minimum of six surveys at least 1 week
' apart during breeding season (Marchl5 - June 30 or ) or nine
surveys at least 2 weeks apart during nonbreeding season.
(BIO-1 )
61 In conju~ction with the sale of each dwelling unit, the Pla~ning
property owner/developer shall provide each homeowner Department -
with a copy of ihe Nature Reserve of Orange County Planning Services
Wildland Interface Brochure alo~g with its attachments. The
brochure shall be included as part of the sales literature for
the project to educate homeowners on the responsibilizies
associaYed with living at the wildland interface. The
brochure shall address relevant issues, including the role of
natural predators in the wildlands and how to minimize
impacts of humans and domestic pets on native communities
and their inhabitants. A copy of the brochure shall be
NO. CONDITIQNS OF APPROVAL
(NOT`E: MitigaGion 1Vleasures and Standud Conditions from
the Mitigated Negative Declaration are incorporated'into
these conditians of approval and are identified by the
mitigation measure number below applicable condition
numbers.)
RESPONSIBLE
FOR
MOlVITQRING '
provided lo [he City of Anaheim Planning Department prior
to Che first final building and zoning inspection. (HAZ-6)
6Z To the extent feasible and to the satisfaction of khe City, the Planning
following measures shall be incorporated into the design and Department -
coostruction of the project (including specific building Planning Servioes
projects): and Building
Division
Co~tstructio~a mad Buildi~ag Mater•ials
. Use locally produced and/or manufactured building
materials for canstructio~ of the project;
o Recycle/reuse demolished construction materiai; and
o Use "Green Building Materials", such as those maYerials
that are resource efficienC and recycled and
manufactured in an environmentally friendly way,
including low Volatile Organic Compound (VOC)
materials.
Eiiergy Efficiency Mensures
. Design all project buildings to exceed Califomia
Building Code's Title 24 energy standud, including, but
not limited to any combination of the following:
o inerease insulation sach that heat transfer and thermal
bridgi~ng is minimazed;
o Limit air leakage through the structure or within tlae
- heatiog and cooling distrib~tion sysYem to minimize -"'
energy consumpCion; and
o Incorporate ENERGY STAR or better rated
windows, spaee heatiog and cooling equipmenC, lighC
fixmres, appliances oz other applicable electrical
equipment. Design, construct, and operate all newly
constructed and renovated buildings and facilities as
equivalent to "LEBD Silver" or higher certified
buildings.
. Develop an On-Site Renewable Energy System that
consists of solar, wind, eothermal, biomass, and/or bia
Np, CONDITTCINS OF APPROVAL
(NOTE: Mitigation Measures and Standard Conditions from
the IvliLigated I~Tegativa beclaration aze incorporated`into
these conditions of approval and aze identified by the
mitigation measure number below applicable condition
numbers )'
RESPONSIBLE '
~'OR
MOIVITOI7ING '
gas strategies. This system should reduce grid-based
energy purchases and provide atleast 2.5 percentl ofthe
project energy cost from renewable energy. Such a
strategy can include installation of photovoltaic panels,
wind turbines, and solar and tankless hot water heaters;
. Provide a landscape a~d development plan for the
project that takes advantage of shade, prevailing winds,
andlandscaping;
• Install efficient lighting and lighCing control systems.
Use daylight as an integra] part of lighting sysCems in
buildings;
. Install light colored "cool" roofs and cool pavements;
. I~stall e~ergy efficient heating and cooling systems,
appliances and equip3saent, and control sysYems; and
. Install solar or light emitting diodes (LEDs) for outdoor
lighting.
~ Water Co~tse~vn~tio~a a~ul Effciency Mensures
• Devise a comprehensive water conservation strategy
appropriate for Che project and laca6on. The strategy
may include the following plos other innovative
measures ttiat might be appropriate:
o Creake water-efFieientlandscapes within the
development;
_ o Install water-efficient irrigatipn systems and devices, --
such as soil moisture-based irrigation controls;
o Use reclaimed water for landscape irrigation within
the project. Install the infrastrueture to deliver and
use reclaimed water;
o Desig~ buildings to be water-efficient. Install water-
effcient fixtures and appliaoces, including low-flow
fa~cets, dnal-flush toilets and waterless urinals; and '
o Restrict waCering methods (e.g., prohibit systems that
apply cvater to nonvegetated surfaces) and control
runoff.
Based:on United States Gxeeu Building Council, LEED, 2005. Green Builcling Ra[ing Systena for Neti»
Con,rtn+ction ~& Mnjor Renovatians. Version 2.2. October. ~
CONDITIONS OF APPROVAL
(NOTE: Mitigation Measures and 5tandazd Gonditions from RESPONSIBLE
NO. the Mitigated Negative Declazation are ineqrporaked into FOR
these condiYions of approval and ue identified Uy the M0IVITORING
miti`gaCion measure number below applicable condition
numbers.};
Solid Wnste Mensures
• Reuse and recycle construction aod demolition waste
(including but not limited to soil, vegeta6on, concrete,
lumber, metal, and cardboazd);
• Provide inCerior and extesior storage areas for
recyclables and green waste and adequate recycling
containers locaCed in publio areas; and
Provide resident education about reducing waste and
' available recycling services. (GCC-1)
63 If human remains are encountered during the conduct of Public Works -
ground-disturbing activities, State Health and Safety Code Development
Section 7050.5 states that no further disturbance shall occur ' Services
until the County Coroner has made a determination of origin
and dispositioo of the materials parsuant to P~blic Resources
Code (PRC) Section 509Z98. The County Coroner must be
notified of the ~nd immediately. If the remains are
determined to be prehistoric, the Coroner would notify the
Native American Heritage Commission (NAHC). The
NAHC would determine and notify a Most Likely
DescendanY (MLD). The MLD may inspect the site of the
discovery with the permission of the property owned
developer or his/her authorized representative. The MLD
must complete Che inspection within 24 houzs of notifieation
by the NAHC. The MLD may recommend scienCific
removal and nondestructive analysis of humao remains and
- items associated with Native American burials. (ARC-3) --
64 The Robertson's Ready Mix Quarry area will not be Fire and Public
' developed until afYer reclamation and remediation are Utilities -
complete. It is not anticipated that any underground storage Environmental
tanks, septlc sysCems, leach fields, or sagnificant soil Services
contami~ation will be encountered during construction, as
construction shall occur after remed'aation and reclamation
are complete. During grading acCivities, in the evenC these
subsurface features or contaminated soil are encountered,
work shall immediately cease in the area and the property
owneddeveloper shall notify the Fire Departruent and Poblic !
Utilities, Environmental Seevices Division, and reTait~ a
' qualified hazardous materials engineer to assess the impacts
and re are a res onse lan using the risk-based clean-u
CONDITIONS OF APPROVAL
(NOTE: Mitigakion Measures and Standard Condiiions from RESPONSIBLE '
NQ, the IYlifigated Negative Declazation aze incorgorated ~'into FOR
these conditions of appmval and aze identified by the MONITORING
miYrgation rneasure number beIow applicable candition
numbers.}I
standards of the City of Anaheim and the Orange County
Hea1Ch Care Agency, and any appropriate goidelines issued
~~~~ by the California Envixonmental Protection Agency,
Department of Toxic Substance Control, and the United
States Environmental Protection Agency, applicable to
residential land use. Upon approval of the response plan by
the Fire Department, as applicable, the engineer shall obtain
any required permits, oversee the removal of such features,
and/or conduct the response work to the satisfaction of the
Fire Department or oCher agency, as applicable, until clos~re
status is attained. (I-IAZ-4)
6$ Tbe installation of new electrical facilities systems shall be P~blic Utilities -'
timed to coincide with the level of development that would Electrical
require this improvement, to the satisfaction of the Anaheim Engineering
Public Utilities Department and other utility companies. (SC
516-21)
66 The project is expressly conditioned upon the applicant's Planning
indemnifyiog and holding harmless the City, its agents, Department -
officers, council members, employees, boards, commissions Planning Services
' and their members and the City Council from any claim,
action or proceeding brouaht against any of the foregoing
individuals or entities, the purpose of such litigation being to
attack, set aside, void, or annul any approval of the
application or related decision, or the adoption of auy
environmental documents or the Mitigated Negative
~ Declaration prepared in conjunction with this request, which
relates to the approval of the proposed actions. This
indeznnification shall include, but is not limited to, all
reasonable damages, costs, expenses, attorney fees or expert
witness fees that may be awarded to the prevailing party, and
costs of suit, attorney's fees, and other costs, liabilities and
expenses azising out of or in connection wiCh the approval of
the applioation or related decisions, whether or nat there is
concurrent, or passive negligence on the part of the City, its
agents, officers, council members, employees, boards,
commissions a~d Cheir counse] selected for all indemniCies,
the final selection of legal counsel shall be made by the City.
The indemnity does not cover costs attributable to a decision
' that a City public offioial violated conf7ict laws in acting on ~
' the projecC. No later than 30 (thirty) days following approval
CONDITIQNS OF APPROVAL
(NOTE: Mitigation Measures and Standard Cond'ations from RESPONSIBLE
NO. the iVIitigated Negative Declaration aze incorporated into FQR
these conditions of approval and are identified by the MONITORTNG
mi[igation measure number below applicable condiCion
numbers.)'
by the Planning Commission, or approval by the City
Council as a result of an appeal filed pursuant to Anaheim
Manioipal Code § 18.60.130, ehe legal property owner shall ~
provide a letter to the City satisfactory to the City Attorney's
Office memorializing the foregoiqg.
67 Extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section Department -
18.60.170 of the Anaheim Municipal Code. Planning Services
68 That Ciming for compliance with conditions of agpzoval may Planning
be amended by the Planning Director upon a showing of Department -
good cause provided (i) equivalent timing is established that Planni~g Services
satisfies the original intent and purpose of the conditioo(s),
(iij the modificaYion complies with tt~e Anaheim Municipal
' Code and (iii) the applicanY has demonstrated significaut
progress toward establishmant of the ~se or approved
development.
69 Approval of this application constitutes approval of rhe Planning
proppsed request only to the exteot that it complies wiCh the Department -
Anaheim Municipal Zoning Code and any other applicable Pla~ning Services
City, State and Federal regulations. Approval does not
i~clude any acCion or findings as to compliance or approval
of the request regardang any other applicable ordi~ance,
regulation or requireme~t.
[DRAFT] ATTACFIMENT NO. 5
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CTI'Y PLANNING COMMISSION
APPROVING A CEQA MITIGATED NEGATIVE DECLARATION AND
APPROVING TENTATNE TRACT MAP NO. 17289
(ASSESSOR'S PARCEL NOS. 085-071-42 AND 085-071-45)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Tentative Tract Map No. 17289 for certain real property for certain real property
situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A"
attached hereto and incorporated herein by this reference.
WHEREAS, Tentative Tract Map No. 17289 is proposed in connecfion w3k6
Reclassification No. 2008-00221 and Conditional Use Pernvt No. 2008-05362 to construct 56
single-family residential dwelling units; and
WHEREAS, Tentative Tract Map No. 17289 is proposed to subdivide the
property into 56 single-family detached residential lots and 12 lettered IoYS; and
WHEI2EAS, the Planniog Commission did hold a public hearing at the Civic
Ce~ter in the City of Anaheim on Mazcb 30, 2009, at 230 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 1$.60 "Procedures", to hear and consider evidence for and against said
proposed request aod to investigate aod make findings and recommendations in canpection
therewith; and
WHEREAS, said Comznission, 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. That the proposed tentative tract map, including its desigu and improvements, is
consisteut with the Low-Medium Density Residential land use desig~aCion in the General Plan,
and consisCent wiCh Yhe now pendang ResidenCial Single-Family (RS-4) Zo~e pursaant to
Reclassi~cation No. 2008-00221, now pending.
2. That the site is physically suitable for the proposed type of development at the
proposed density and therefore woald noY caase public heaith or safety problems or
environme~tal damage.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Comznission taas reviewed Che proposal and does hereby find that the Mitigated Negative
Declaration is adequate to serve as the required environmental documentation in connection with
this request.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission for
the reasons hereinabove stated does hereby approve Tentative Tract Map No. 17289 subject to
-1- PC2009-
the conditions of approval described in Exhibit "B" attached hereto and incorporated by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim:
BE IT F[JRTHER RESOLVED that the Anaheim City PLanning Commissflon
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliaoce 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 oourC of compekent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is resppnsible for paying all
charges related to the processing of this discretionary case applicaYion wiTYiin 15 days of tl~e
issuance of the final invoice or prior to tbe approval of the final map for this project, whichever
occurs tirst. Failure to pay all charges shall result in delays in Che approval of the final map or
the revocation of the approval of this ap~lication.
T`HE FOItEGOING RESOLUTION was adopted at the Anaheim C3ty Planning
Commission meeting of March 30, 2009. Said resolution is subject to the appeal provisions set
forth in Chapter 18.60, "Zoning Provisions - General" 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, ANAHEIM CITY PLA~INING COMMISSION
ATTEST:
3ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2- PC2009-
STATE OF CALIFORNIA )
COLTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Seniar Secretary of the Auaheim Ciry Planning Comrzaission, do
hereby certify tt~at the foregoiog resolutio~ was passed and adopted at a meeting of the Anaheim
Planning Commission held on March 30, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMI3SIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 30`fi day of
March, 2009.
SENIOR SECRETARY, ANAIIEIM CITY PLANNING COMMISSiON
-3- PC2009-
EXH. iBTT "A"
TENTATIVE TRACT M:1I' NO. 17289
10729
-4- PC2009-
Source; Recorded Tract Maps and/or City GIS.
~'g~
F,„~ Please note the accuracy is +/-two to five teet.
EXHIBIT "B"
TENTATIVE TRACT MAP N0.17289
COIVDITIONS OF APPROVAL
(NQTE: Mitiga6on Measures and Standaid Gonditians from the Mi~igated ~SPONSIBLE ~~
~o' Negative DeclaraCion aze incorporated into these conditions of approval and ~ONITORING '
are identified by Che mitigation measnre number below applicabie condition
nuinl~ers.} ~
1'RIQR.TQ
AZ?PRO[TElZ:O~~ItuA'LTFtACT~VI~" ' ,.. ..;,
"
1 The property owneddeveloper shall submit proof of evidence Chat an easeme~t ~'lanning
area for the fuel modification plan has been acquired. The easeme~t shall be Depaztment -
provided to the City Attomey's Office, Public Works Department, Planning Services
Aevelopment Services Division and Fire Department for review and approval. '
(HAZ-5)
2 Street names for new private streets shall be reviewed and approved by the Planning
Planning Department Department -
Building Division
3 Pursuant to Resolution No. 89R-235 adopting the Pablic Library Facilities ~'lanning
Plan for the East Santa Ana Canyon area, as may hereinafter be amended, the Department -
property owner/developer shall pay required fees for Che construction of library ~uilding Division
faciliCies in the EasY Hi11s Planned Commanity. Fees shall be paid as a
condition of approval of any final tract or parcel map, or prior to issuance of a
building permit where no subdivision is involved. The Planning Aepartment,
Building Division shall verify paymenC of fees. (SC 5.13-4)
4 All parcels shall be assigned streeC addresses by the Bailding Division. Planning
Department -
Building Division
5 The property owner/developer shall obtain confirmation from Che United Public Works -
SCaCes Army Corps of Engineers {ACOE) that tl~e drainages located on the Development
tentative map and off-site fuel modification area are isolated and Services
nonjurisdictional. The property owner/developer shall also consult C6e
Regional Water Quality Control Board (RWQCB) to determine whether a
SecCion 4fl1 WaCer Qualiry Certification orReport of Waster Discharge is
required. Evidence of compliance from the ACOE and RQWCB shall be
rovided to the Public Works De artment, Develo ment Services Division.
6 ' The property owner shall provide evidence of legal rights for vehicular access, , Public Works -
' connection to private drainage fac3lities and connection to private sewer Development
facilities in the Mountain Park development. Services
-5- PC2009-
COiVDITIONS OF APPROVAL
~ (NQTE: Miagation Measutes and Standard Conditions from theMitigated ~SPONSIBLE
NQ'
~~ Negative Deciazation are incorporated into these conditions of approval and
are identif'ied bylthe mitigaGon measure number belowl applicable condition MONi OR~TG ~
numbers.)
7 The precise relocation plan for the Questar Pipeline shall be approved by Public Works -
Questar, the Fire Department and Public Works, Development Services Development
Division. Services
8 The property owner/developer sbal] submit a mainCenance covenant (the Public Works -
"CovenanC") to be approved as Co form by the City Attorney's Office. The ' pevelopment
Covenant shall include provisions for maintenance of public and private Services
facilities, including compliance with an approved Water Quality Manager~ent
Plan, and a maintenance exhibit showiog the bou~daries of the maintenance
area. The covenant shall be recorded concurrently with the final ma .
9 The properCy owner/developer shall provide ttie Department of Public Warks Public Works -
with a Natural Resource Management Plan to be included in the Conditions, ' Development
Covenants, and Restrictions (CC&Rs) for open space areas to be maintained Services
by the Homeowner's Association. The Natural Resource Management Plan
shall include requirements, including timing restrictions, for vegetation
removal from water quality basins included 'an Che Water Quality Managemeut
~~~ Plan (WQMP); managemenC of native habitat within ope~ space areas; proper ~
management of household pets to avoid impacts to native species and
receivin~ water bodies; and rules and regulations for human use of open space
areas. (WQ-l)
10 The legal property owner shall execute a Subdivisian Agreeme~t, in a form Public Warks -
approved by Che City Attorney, to complete the required public improvements Development
at the legal property owner's expense. Said agreement shall be submitted to Services
the Public Works Department/Development Services Division approved by the .
City Attorney and City Engineer and then recorded conciirrently with the Final
Tract Map.
ll All sanitary sewer, streets, and storm drains within tbe development sball be Public Works -
privately maintained by properCy owner/developer. These maintenaoce Development
responsibilities shall be detailed in the Tract Maintenance Coveoant prior Co Services
the approval of the final map.
12 If multiple final maps are prepared on this tentative map, Che developar shall P~blic Works -
provide all easements required for orderly construction of the street, water, Development
sewer, drainage and electrical improvements with each map, as required by the Services
City Engi~eer.
-6- PC2009-
CONDITION5 OF APPROVAL
(NOTE: MitigaCion Measures and SCandazd Conditions from the Mitigated ~' SPONSIBLE
Nd' Negative Declaration are incorporated into these canditions of approuat,and '
are identifed by the mitigaCion measure numl~er below applicable conditibn ~OD]I ORING
numbers.}
13 The property owner/developer shall submit a final Fire Master Plan (FMP) to Fire Department
the Fire IIeparCmenC for review and approval to ensore that fire protecCion is in
accordance with Fire Department requirements. A copy of the approved FMP
shall be submitted to the following City departments: Plaoning, Police, and
Public Works. (SC 5.7-2)
14 The property owner/developer shall demonstrate that the map has been Fire Department
prepared in compliance with applicable provisions of the Aoaheim Municipal
Code relevant to fire prevention and suppression, subject to the review and
approval of the City of Anaheim Fire Department. (SC 513-i)
15 The property owner/developer shall pay the appropriate sewer connection fee Public Works -
to the City of Anaheim as established by City Council Resolation. (SC 5.16-G) Sueets and
SaniCaCion
16 The property owner/developer shall submit a Solid Waste Ivlanagement Plan public Works -
wiCh recycling capabilities to the Departmeut of Public Works, Streets and Streets and
Sa~itation Division for review and approval. Refuse colleeCion and disposal Sanitation
for the proposed project shall comply with Assembly Bi11939, the Orange
County Integrated Waste Managemeot Plao, a~d the City of Anaheim
Integrated Waste Management Plan. (SC 5.16-9)
17 The property ow~er shall post a bood Co the City for Che installation of sCreeY ' Public Works -
IighYs prior to the first final build'ang and zoning inspection. Street lights shall Streets and
be in accordance with the Master Land Use Plan. {SC S.16-17) ! Sanitation
1& T'he property owner/develQper shall pay any and all costs associated with Public Utilities -
aonexing tl~e project site into the OCWD. OCWD is in Che process of WaCer
annexing the project site as well as other areas into its service area. If this En~ineering
' annexation process is ooc complete when water delivery Co t6e project site by
Che CiCy of Anaheim is necessary, then the City of Anaheim would consider
amendment to the language in iCS V/ater Rule 15, Section F.l. The amended
' Rule would allow water service to the project site prior to aonexatian to the
OCWD service area (SC S.16-1)
-7- PC2009-
CONDITIONS OF APPROVAL
(NOTE: Mitigation Measures and SCandard Condihons from tUe Mitigated ~~pONSIBLE
~~~NO. '~ NegaYive DeclacaYion aze incorporafed into th~ese conditinns of appro~ral aad MON[TORING '
aze identified by the mifig~tion rneasure number below applical~Xe condition
numUers.} ;
19 The property owner/developer shall submit written evidence to the Water Public Utilities -
Engineering Division of the Publie Utilities AepartmenC for review and W~ter
approval that: (1) the water demands of the project have been included in the Engineering
Mountain Park Specific Plan Water System SAMP; and (3) the backbone
water system infrastructure in the adjacent Mountain Padc SpeciYic Plan
development has been sized and constructed to accommodate the water
demands of the project. Said written evide~ce shall consist of submitting an
amended Mountain Park Specific Plan Water System SAMP, which shall
include a hydraulic distribukion neCwork analysis of the project site and the
Moantain Park Specific Plan development area (the entire development area);
estimates of the maximum required fire flow rate and the maximum day and
peak-hour water demands for the entire development area, an engineering
study showing the adequacy of the water system to provide the estimated water
demands to the entire development area; a layout of the water system
improvements and water system backbone infrastrucCUre required to serve the
' entire developmenC azea; and a schednle outlining when each facility is needed
for permanent water service to the entire developmenC area. Tbe
owner/developer sball pay all costs associated with amending the MounYain
Park Specific Plan Water System SAMP and enlarging water facilities and
related water sysCem improvements that may be necessary to meeC Yhe
additiona] water demands of Ybe projecC siCe. The ownetldeveloper shall
submit water improvement plans prepared in conformance with the ame~ded
Mountain Park Specific Plan Water System SAMP to the Water Engipeering
Division of the Public Utilities Department for review and approval. The
applicant shall pay all costs associated witb extending and constracting the
necessary water lines and improvements to serve the proposed development.
(SC 5.16-2) _
20 The property owneddeveloper shall irrevocably offer for dedication to Che CiCy P~blic Utiliues -
of Anaheim Lot J of Tentative Tract Map No. 17289 for a water storage tank Water
site access road and 20 ft wide easements for all water service mains and Engineering
service laterals, all to the satisfaction of the City of Anaheim Water
Engineering Division of the Public Utilities Department. (SC 5.16-6)
21 "I7~e owoer shall coordinate with the Electrical Engineering Division to ensure ~'ublic UCilities -
that there will be no conflicts with tt~e underground electrical systems. The Electrical
property owner/developer shall coordinate with the Eleclrical Engineering Engineering
Division to establish elecCrical service re uirements a~d obtain electrical
-8- PC2009-
CONDITIONS OF APPROVAL
~ (NOTE: Mitigation Measures and Standard Conditions from the Mitigated ~SPONSIBLE +
NO. NegaYive Declaration are incorporated into these conditinns of approval and ~
T
aze identi~ied by the mitigation measure number below applicabie condition MONI
ORING
~;
numbers.} '
distzibution plans. (SC 5.16-15)
22 The properCy owner/developer shall install, bond for, or otherwise secure on- Public Utilities -
site electrical facilities in accordance with the CiCy of Anaheim Public Utility ~ Electrical
Electric Rates, Rules and Regulations, and provide written evidence of this Engineering
fact to the Public Utilities Departmeot. (5C 5.16-16)
23 Plans shall iodicate tl~at above-grouud uCility deviaes are loeated on private p~blic Utilities -'
' property and outside any required set back areas unless otherwise allowed by Electrical
Che Code. A note shall be included on the finai map indicati~g that the above- Engineering
ground utility devices will be specifically shown on construcCion plans in
' locations substantially in accordance with Che approved fioal tract ar parcel
map. Landscape and/or hardscape screening of all pad-mounted equipment
shall be required outside the easement area of the equipment. (SC 5.16-18)
24 The property owner/developer shall submit preliminary electric system plans Public Utilities -
to ttie Public Utilities Department for review and apgroval. The pzoperty Electrical
owner/developer sha11 request that Che Public UCilities Department provide Engineering
engineering standards and plans for the installation of electrical and
communication conduit and substructures systems from'the Park Substation to;
and within, the project development. (SC 5.16-13)
25 The properCy owner/developer sball provide the City oP Anaheim with a public ' P°blic UtiliCies -
utilities easement (per final electric desigu) along/across ltigh voltage lines, Electdcal
low voltage lines crossing private properry, and around all pad-mounted ~ngineering
transformers, switches, capacitors, etc for review and approval. (SC 5.16-22)
26 The property owner/developer shall install, bond for, or otherwise secure on- Southern
site natural gas facilities in coordinaCioo with Soutt~err~ California Gas California Gas
~ Company (SCGC). Written evidence of this shall be provided Co Che Publlc Company
~ Utilities Departrneot. (SC 5.16-13)
G~NERAL~ ~
~. ~
27 This Tentative Tract Map No. 17289 is granted expressly conditioned upon Planning
approval of Reclassification No. 2008-00221. De artment -
-9- PC2009-
CONDITYONS OF APPRO~AT;
(NOTE: MiYigation I1~Ieasuces and Standard Canditions from the Mitigated ~SPONSIBLE
NO. Negaeive Declaratian aze incorporated into Ehese cond'afions of approval and
aze id~ntified by the mitigation measure number 7~elow applicable condition ~OIVITORING !
namUers.)
Planning Services
28 A final tract map shall be submitted to and approved by the City of Anat~eim Planning
and the Orange County Surveyor and then shall be recorded in the OfFice of pepartment -
the Orange County Recorder. Planning Services
29 Approval of this application constitates appzoval of the proposed request only Planning
to the extent that it complies with the Anaheim Municipal Zoning Code and DepartmenC -
any other applicable City, State and Federal regulations. Approval does not Plannino Services
include any acYion or findings as to eompliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
30 That the projecC is expressly conditioned upon the applieant's indemoifyiog Planning
and holding harmless the City, its agents, officers, council members, Department-
employees, boards, commissions and their members and the City Council from Planning Services
any claim, action or proceeding brought against any of the foregoing
individuals or entiCies, the purpose of sucb litigation being to attack, sat aside,
void, or annul any approval of the application or related deeision, or the
adoption of any environmental documents or the Mitigated Negative
Declaration prepared in conjunction with this request, which relates to the
approval of the proposed acCions. This indemniflcation shall include, buC is not
limited to, all reasonable damages, costs, expenses, attorney fees or expert
witness fees that may be awarded To Yhe prevailing party, and costs of sait,
attorney's fees, and other costs, liabilities and expenses arising out of or in
connection with the approval of the applicakion or related decisions, whether or
not there is concunent, or passive negligence on the part of the City, its agents,
officers, council members, employees, boards, commissi~ns and their counsel
selecCed for all indemniCies, the final selection of legal counsel shall be made
by the City. Tt~e iodemniry does not cover costs attribntable Co a decision that
a City public official violaCed conflict laws in acting ou the project. No later
than 30 (thirty) days fpllowing approval by the Planning Commission, or
approval by the City Coancil as a result of an appeal ffied pursuant to Aoabeim
Municipal Code § 18.60.130, the legal property owner shall provide a letter to
the City satisfactory to the City Attomey's Office memorializing the
foregoing.
31 Timiog for compliance with conditions of approval may be amended by the Planning
Planning Director upon a showing of good cause provided (i) equivalent De artment -
-10- PC2009-
CONDITIONS OF APPROVAL
(NOTE: MitigatiQn Measures and Standard Conditions from tbe MiCigated ~SPONSIBLE
~~' Negafive Declazauon aze ~ncorporated into fhese conditions of approval and
are 3dentified byrChe mitigation measure nnmber below appHcahle condition MONITORTNG
numbers.}
timing is established that saCisfies Che original intent and purpose of Yhe Planning Services
condition(s), (ii) the modificaUOn complies with the Anaheim Municipal Code
and (iii) Yhe applicant has demonstrated significant progress toward
establishment of tt~e use or approved development.
32 Extensions for further time to complete conditions of approval may be graoted Planning
in accordance with Section 18:60.170 of the Anaheim Municipal Code. Department -
~ Planning Sezvices ~
33 Prior to the earlier of the conveyance of the first unit or the first fi~al building Public Works -
and zoning inspeetion, whichever occurs first, Che properry owner/developer Development
shall execute and record with the Orange County Recorder a declaration of Services
coveoaots, conditioos and restrictions ("CC&R") satisfactory to the Cal~fornia
Department of Real EsCate creating maintenance obligations, including
compliance with the approved Water Quality Management Plan, and to
esCablish a financial mechanism or fiuanciai mechanisms to maintain all of the
building exteriors and improvements located on the property except for areas
desig~ated for maintenance by the individual owner of the unit as specified in
the CC&R's. The CC&R's shall also include a Solid Waste Management Plan
as approved by the Publie Works, Streets and Sanitation Division.
-11- PC2009-
ATTACIIMENT NO. 6
From: Arroyo, Enrique [mailto:earroyo@parks.ca.gov]
Sent: Tuesday, March 24, 2009 12:36 PM
To: Linda Johnson
Cc: Krueper, Ron; Rowe, ]ohn; richr@dslextreme.com
Subject: State Parks Fuel Modification Zone Easement for RRM
Hi Linda
Pleasure speaking with you a few minutes ago. As requested, here is a summary of our position. The
California Department of Parks and Recreation is in the final stage of granting an easement to
Robertson's Ready Mix for their use as a fuel modification zone for the Robertson's Ready Mix Housing
Praject.
If I can answer any questions or provide any comments, please feel free to contact me.
Enrique Arroyo
District Planner
California State Parks
Inland Empire District
17801 Lake Perris Drive
Perris, CA 92571
phone: (951) 940-5664
ITEM NO. 5
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 30, 2009
FROM: PLANNING SERVICES MANAGER
KIMBERLY WONG, PROJECT PLANNER
SUBJECT: TENTATIVE PARCEL MAP NO. 2008-188 AND
VARIANCE NO. 2009-04773
LOCATION: 929 North Ivy Lane
APPLICANT/PROPERTY OWNER: The applicant is Truxaw and Associates
and the property owner is the Anaheim Redevelopment Agency.
REOUEST: The applicant requests to subdivide the property into four single-
family residential parcels with a smaller loC width and depth than required by Gode
and higher exterior sound levels in the rear yazd than permitted.
RECOMMENDATION: Staff recommends khat the Planning Commissiou adopt
the attached resolutions determining that a Negative Declaration is the appropriate
environmental documentation for this request and approving Tentative Parcel Map
No. 2008-188 and Variance No. 2009-04773.
BACKGROUND: The 0.71 ~acre property is a remnant parcel from the Interstate 5
(I-5) freeway widening. Prior to the freeway widening, the parcel was developed
wiYli five homes. The property is now vacant and is in the Single Pamily Residential
(RS-2) zone. The General Plan designates this property and properties in all
directions for low density residential land uses. The Interstate 5 Freeway is west of
the property. - -'
PROPOSAL: The applicant proposes to subdivide the property into four single-
family residential parcels. The proposed parcels would range in size from 7,207 to
8,938 squaze feet. Two of the parcels would be oriented towazds Fir Avenue and tlie
other two would be oriented towazds Ivy Lane. A lot width reduction is being
requested for all of the parcels with a proposed 65-foot lot width where a minimum
70-foot width is required. A reduction of the required lot depth for parcels adjacent
to a freeway is requested far Pazcels Two and Four. A 65-foot depth is proposed for
these lots where a minimum 150-foot depth is required. The applicant also requests
approval to construct four single family homes with an exterior sound level in the
240 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax:(714)765-5280 -
www.anaheim.net
7'EN"CA'PIVE PARCEL MAi' NO. ?008d88
March 30, 2009
1'age 2 of 3
rear yard of 71.2 decibels where a maximum of 65 decibels is allowed. Please refer to the
project summary chart attached to the staff report for project details.
ANALYSIS: The project has been evaluated against applicable RS-2 zone development
standards and is in compliance with the exception of minimum lot width and depth requirements
and maximiun exYerior sound level requiremenYS. Following is staff's analysis and
recommendations on the requested project.
Tentative Parcel Map: The requested subdivision would create four single-family pazcels. The
General Flan designates this property for Low Density Residential land uses with a density range
of 0 to 6.5 dwelling units per acre. The proposed subdivision would have a density of 5.6 units
per acre.
Minimum Lot Width: Code requires a minimum lot width of 70 feet for newly created lots
~vithin the RS-2 zone. Plans indicate that each new pazcel would have a lot width of 65 feet.
The existing single-family residential lots along Fir Avenue and Ivy Lane have lot widths of 55
to 60 feet, wllich is also less than what is required by code. The proposed lots would have a site
design consistent with the character of the neighborhood as other properties within the same
zoning classification and on the same streets have similar lot widths. Staff recommends approval
of this variance because it would grant the proposed development privileges similar to those
shared by the adjacent properties within the same zone.
Minimum Lot Depth: Code requires that single-family xesidential lots adjacent to freeways
have a minimum lot depth of 150 feet and the front yazd cannot be facing the freeway. Parcels
Two and Four are adjacent to the Interstate 5 Freeway and the side yard would be adjacent to the
freeway but would only have lot depths of 65 feet. There is a single-family residential lot south
of the property along Catalpa Avenue with a lot depth of 91 feet (2060 West Catalpa Avemie).
That property is currently vacant but plans for a new house are cttrrently being reviewed by the
City. The proposed variance for Parcels Two and Four would allow this property to be
developed witli single-family homes at a density consistent with the General Plan. Staff
recommends approval of this variance.
Sound Aftenuation: Code permits a maximum exterior noise of 65 decibels for the private rear
yards of the proposed single-family homes, and, due to the proximity of the Interstate 5 Freeway
a noise level of 71.2 decibels is proposed. The sound study states that the existing 16-foot high
block wall adjacent to the freeway cannot mitigate sound levels to comply with the 65 decibel
noise requirement. Properties adjacent to freeway's often exceed the City's sound attenuation
reqeiirements but by no more than five decibels. Noise levels at this property exceed City
requirements more than others because the primary source of noise impacting the property is not
only from flie Interstate 5 Freeway but also the Brookhurst off-ramp located directly adjacent to
the property. The off-ramp overlaps and crosses over the freeway and is approxin~ately 25 feet
above the grade of the property,
In order to comply with the City's sound attenuation requirements, the sound wall would need to
be constructed with a height over 25 feet. Staff believes there aze special circumstances
'P6N'PATIVG PARCEL MAP NO. ?008-IS8
March 30, 20p9
Page 3 0l'3
applicable Yo the property because of the property's adjacency to the freeway and the fly-over
lane. In addition, prior to the freeway widening there were single-family homes with rear yards
adjacent to the freeway. The proposed vaziance would allow the property to be redeveloped with
single-family homes, the proposed densiTy is consistent with the General Plan and the inability to
redevelop the property with single-family homes would limit the permitted uses on the property.
Therefore, staff recommends approval of the requested deviation.
CONCLUSION: Staff recommends approval of this project because it fiu~thers the goal of the
General Plan by implementing the Low Density Residential land use designation and allows the
property to be redeveloped with single-family homes, consistent with the previous land use. The
project is an appropriate use for the lot and is suitable development for the residential
neighborhood.
Respectfully s~ibmined,
~// !J?~ ~i~~fG~-
Principal Planner
Attachmenhs:
1. Vicinity and Aerial Maps
2. Project Summary
3. Draft Resolution - Tentative Pazcel
4. Draft Resolution - Vaziance
5. Letter of Justifieation
The following attachments were provided to the Planning Commission and are available for
public review a1 the Planning Services Division at City Hall.
6. Sotmd Study
7. Site Photographs
8. Tentative Parcel Map - -
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March 30, 2009
Subject Property
Variance No. 2009-04773
Tentative Parcel Map No. 2008-188
929 North Ivy Lane
10730
DOGWOOD AVE
March 30, 2009
Subject Property
Variance No. 2009-04773
Tentative Parcel Map No. 2008-188
929 North Ivv Lane ,o~ao
o sa ioo qErial Phofo:
~ A ri12008
Feel P
ATTACIiMENT NO. 2
PROJECT SLTMMARY
i Develo ment Standards Pro osedPro'ect ' RS 2'Standards '
Site Area 0.71 N/A
General Plan Densit 5.6 du/acre 6.5 du/acre ma~cimum
Minimum Lat Area
Pazcel 1 7,207 square feet 7,300 square feet
Parce12 7,317 square feet
Parcel3 7,443 square feet
Parcel4 8,938 s uare feet
Minimam Lat Width
Parcel 1 65 feet 70 feet
Parcel 2 65 feet
Parcal 3 65 feet
Parcel4 65 feet
Minimum Lot Depth adjacent to
a freeway
Parcel 1 N/A 150 feet
Parcel 2 65 Feet
Pazce13 N/A
Parcel4 65 feet
[IDRAFT] ATTAC~IMENT NO. 3
RESOLUTION NO. PC2009-
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
TENTATIVE PARCEL MAP NO. 2008-188
(929 NORTH IVY LANE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Tentarive Pazcel Map No. 2008-188 to establish a 4-lot single family residenrial
subdivision for certain real property situated at 929 North Ivy Lane in the City of Anaheim,
County of Orange, State of Califomia, as more particulazly described in E~ibit "A" attached
hereto and incorporated herein by this reference.
WHEREAS, Tentarive Pazcel Map No. 2008-188 is proposed in connection with
Variance No. 2009-04773 to construct four single-family residential dwelling units; and
WHEREAS, the property is currently vacant and is located in the RS-2 (Single-
Family Residential) zone; that the Anaheim General Plan designates this property for Low-
Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on Mazch 30, 2009 at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed tentative parcel map and to invesrigate and make findings and recommendations in
connection therewith; and
WHEREAS, said Commission, after due inspection, investigarion 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. That the proposed tentative map is consistent with the Anaheim General Plan.
The General Plan designates the property for Low Density Residential land uses with a
maximum density of 6.5 dwelling units per acre and the density of the proposed subdivision is
5.6 dwelling units per acre.
2. That the design of the proposed single-family residential subdivision is consistent
with General Plan. The site design is consistent with the chazacter of the neighborhood.
3. That the site is physically suitable for the proposed development and the density
proposed.
- 1 - PC2009-
4. That the design of the subdivision would not cause substantial environmental
damage, would not substanfially and avoidably injure fish or wildlife or their habitat, and would
not cause serious public health problems as the properiy was previously developed with five
single-family residences prior to the Interstate 5 Freeway widening.
5. That the design of the subdivision will observe all exisring easements for the use
of, or access through the property.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that the Negarive Declazation in
connection with Tentarive Parcel Map No. 2008-188 is adequate to serve as the required
environxnental documentation in connection with this request.
BE IT FURTHER RE50LVED that the Anaheim City Planning Commission for
the reasons hereinabove stated does hereby grant subject Peti6on for Tentative Parcel Map No.
2008-188 subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated herein by reference which aze hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the Anaheim City 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 Resolurion, and any approvals herein contained,
shall be deemed nul] and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionazy case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocarion of the approval of this applicafion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Mazch 30, 2009. Said resolurion is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Counci] Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 2 - PC2009-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a mee$ng of the Anaheim
City Planning Commission held on March 30, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONBRS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIpNERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of March,
2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2009-
EXHIBfT ° ~„
TENTATIVE PARCEL NiAP NO. 2008-188
z
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F~q y
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Source: Recorded Tract Maps andbr City GIS.
:,:.~ Please note the accurecy is +/-two to five feet.
- 4 - PC2009-
DOGWOOD AVE
EXHIBIT "B"
TENTATIVE PARCEL MAP NO. 2008-188
No. Conditions of Approval Responsible for
Monitorin
PffiOR TO APPROVAL OF FINAL MAP
1 The final map shall be submitted to and approved by the City of Publie Works -
Anaheim and the Orange County Surveyor and then shall be Development
recorded in the Office of the Orazage County Recorder. Services
3 All access drives, sanitary sewer and storm drains within the Public Works -
development shall be privately maintained. Development
Services
4 The abandonment for portions of the blanket easement affecting Public Works -
proposed Pazcels 2 and 4 shall be approved by the Public Works Development
Deparhnent, Development Services Division. Services
5 An improvement certificate shall be placed on the final map to Pubiic Works -
relocate all irriga6on related improvements currently within the Development
boundary of proposed Parce12 as directed by the City Engineer and Services
to pay the City of Anaheim a sum of money determined by the City
Engineer to be sufficient to pay for the required sewer
improvements prior to issuance of building permits for future
building or site development plans.
6 All parcels shall be assigned street addresses by the Building Planning
Division.
GENERAL
7 Subject properry shall be developed substantially in accordance Planning
~ with plans and specificarions submitted to the City of Anaheim by -`
the applicant and which plans are on file with the Planning
Department marked Eachibit No. 1(Tentarive Parcel Map) and as
conditioned herein.
8 Approval of this parcel map is granted subject to the approval of Planning
Variance No. 2009-04773.
- 5 - PC2009-
9 Timing for compliance with condirions of approval may be Planning
amended by the Planning Director upon a showing ofgood cause
provided (i) equivalent timing is established that safisfies the
original intent and purppse of the condirion(s), (ii) the
modification complies with the Anaheim Municipal Code and (iii)
the applicant has demonstrated significant progress towazd
establishment of the use or approved development.
10 Extensions for further time to eomplete condirions of approval Planning
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal.
11 Approval of this application consritutes approval of the proposed Planning
request only to the extent that it complies with the Anaheim
Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any acrion or
findings as to compliance or approval of the request regarding
any other applicable ordinance, regulation or requirement.
- 6 - PC2009-
[DRAF'r]
RESOLUTION NO. PC2009-
ATTACHMENT NO. 4
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND APPROVING
VARIANCE NO. 2009-04773
(929 NORTH NY LANE)
WI~REAS, the Aoaheim City Planning Commission did receive a verified
Petition for a Vada~ce for a deviation in lot width, lot depCh, and sound atYenaaYion requiremenCs
to coostruc[ fonr uew single family homes adjaceot to the Interstate 5 Freervay, for cerCain real
property situated in the City of Anaheim, County of Orange, State of California, as more
particularly described in Exfiibit "A" attached hereto and incorporated herein by this reference.
WHEREAS, Variance No. 2009-04773 is proposed in con~ection witb Tentative
Pazcel Map No. 2008-188 to construct faur single-family residential dwelling units; and
W~IEREAS, the property is currenCly vacant and is located in the RS-2 (Single-
Family Resideotial) zone; that che Anaheim General Plan designates Chis progerty for Low-
Density Residenkial land uses; and
WHEREAS, the Planning Commission did hold a publie hearing at the Civic
Center in the City of Anaheim on Mazch 30, 2009, at 2:30 p.m. notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed variance and to 9nvesti~ate and make findings and recommendations in con~ection
therewith; and
WHEREAS, said Commission, after due inspecCion, investigation and study made
by itself and in its behalf, and afrer due consideration of all evidence and reports offered at said
hearing, does find and determine tlie following facYS:
1. The applicant requesCS a variance from Cbe following development standards to
consCmeC fpur si~gle-family residences: _ _
(a) SECTION NO. 18.04.OSOA10 Minimum Lot Width (65 feet
proposed; 70 feet required).
(b) SECTION NO. 1$.04.060.010 Minimu~n Lot Depth (65 feet
proposed for Parcels Two and Four;
150 feet required).
(c) SECTION NO. 18.40.090.04p Sound Atteouation (a maximum
noise level of 71.2 decibels is
proposed; a maximam exterior noise
of 65 decibels within the private reaz
yard of any single family lot that is
located wittiin 600 feet of any
freeway is permitted).
-1- PC2004-
2. 3'he variaoce pertaining to the rninimum ]ot widYt~ reqoired is hereby approved
because strict application of the Zoning Code would deprive the property of privileges enjoyed
by oCher properties under identical zoning classificatio~ in the vicinity. The existing single-
family residential lots along Fir Avenue and Ivy Lane have lot widths of 55 to 60 feet, which is
also less Chan whaC is required by code. 3'he proposed lots would have a site design consistent
with the chazacter of the neighborhood.
3. T6e variance pertaining to the minimam lot depth is hereby approved because
strict application of the Zoning Code would deprive Yhe property of privileges enjoyed by other
properties u~der identical zoning classificaYion in the vicinity. There is a single-family
reside~tialloC along Catalpa Avenue with a]ot depth of 91 feet adjacent to the Interstate 5
Freeway. The variance would allow the developer of t4is site to develop Chis propeRy wath
single-family homes aC a density consistent with the General Plan.
4. The variance pertaioi~g to maximum exCerior noise levels within the private rear
yard of the proposed pazcels is hereby approved. Noise levels exceed City requirements because
of the Interstate 5 Freeway and the Brookhurst off-ramp located directly adjacent to the property.
There are special circumstances applicable to the property because of the property's adjacency to
the freeway and the tly-over lane. In addition, prior to the freeway widening there were single-
family homes with rear yards adjacenC to Yhe freeway.
NOW THEREFORE BE IT RESOLVflD that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Negative Declaration in
connection with Variance No. 2009-04773 is adequate to serve as the required environmental
docume~tation in conneeCion witn Cbis reqoest.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Variance No. 2009-04773 subject to the
conditions of approval described in ExhibiC "B" attaehed hereto and incorporated by this
reference which are hereby found Co be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
Ciry of Anaheim.
BE IT FURTHER RESOLVED that the Anaheim City Pla~ning Commission
does hereby find and deternune that adopCion of this Resolution is expressly predicated upoo
applicant's compliance with each and all of che condiCions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
a~y court of compeCent jurisd'action, then this Resolution, and any approvals herein co~tained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is respansible for paying all
charges relaCed Co the processin~ of this discretionary case application withio 15 days of the
issuance of the final invoice.
-2- PC2009-
THE FOREGOING IZESOLUTION was adopCed at the Planning Commission
meeting of March 3Q 2009. 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 Couucil Resolution in the event of an appeal.
CHAIlZMAN, ANAHEIM CITY PLANNING COMMiSSION
ATTEST:
SENIOR SECRETARY, ANAHEIIvI CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITX OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoin~ resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on March 30, 2009 by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS;
IN WITNESS WHEREOF, I have hereunto set my hand this day of
March, 2009. - ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2009-
EYffiBIT "A"
VARIANCE NO. 2~009-D~773
Y
\
s, ~U~~
~ Source: Recorded Tracl Maps and/or Gty GIS.
F_,_, Please note the accuracy is +/- tvro to five teet.
10730
-4- PC2009-
EXHIBIT "B"
VARIANCE NO. 2009-04773
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL ! MONITORING
PRIOR TO ISSUANCE OF BUILDfNG PERMITS
1. The homes shall be developed with windows with a STC rating of Building
approximately 32. A final noise study shall be prepared to
analyze specifically what STC xated window is necessary for the
residential dwelling onits.
GENERAL
2. ' The subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City of
Anaheim by the applicanC and which plans are on file with the
Planning Department marked Exhibit No. 1(Tentative Parcel
Map) and as conditioned herein.
3. Approval of this appl9cation constitutes approval of the Planni~g
proposed reguest only to the exteut fhat it complies with the
Anaheim Municipal Zoning Code and any Qtl~er applicable
City, State, and Fe~leral regulations. Approval does not include
any action or findings as to compfiance or approval of the
request regarding any oTher applicable ordinance, regulation or
requirement.
-5- PC2009-
~ •,, ; ° ATTAC&IMENT NO. 5
Variauce JustiScaiion Letter
Parcel Map No 2008-185 - rir Avenue and Ivv Lane Anaheim, CA
1. IdentiFy any special physical characteristics of [he proper[y such as shape, topography, location or
surroundings that cause the requested development to no[ meet zoning wdes.
The subject property is of irregular shape and is adjacent to the I-5 Frceway right-of-way, tronting
on two residential street cu4de-sacs.
2. Do other properties in the vicinity have the same rype of pltysical characteristics as this
property? If sp, please identify a few of [hem.
No, proper[ies in the vicinity are single family homes on bts approximately 60 feet wide by 100
[eet deep. Lot areas vary but are 6000+ SF (typical). The proposed lots will meet the current
mi~imum lot area of 7,200 SF.
3. Identify any other neighboring properties that have the same type oF improvement that you are
reques[ing.
Neighboring properties are single (amily residential lots and houses with the same RS-2 Zoni~g
designation.
4. Identify the causa o£the special characteristics ofthe site lhaC limits tha abiliry [o eomply with
code requirements (e.g. naNral slope of [he land, placement of other structures).
The subject parcel is a freewny remnant parcel adjacent [o the I-5 Freeway on the southwest, a
cul-de-suc created by the freeway project o~ Rir Avenue on the north and a cul-de-sac ereated by
the freeway project on ivy Lane on the soatheast. Trvo existing lots with single Camily homes
zoned RS-2 are on t4e northeast
Special circumsta~nces include (1) the masonry treeway sound waN along portions of the property
on the southwest, (Z) the proximity to the adjacent I-5 Free~vuy, (3) the curved right-of-way of
hvo cul-de-sacs on both street frontages, and (4) the irregular shape of the parcel.
City of Anaheim Municipal Cude Sections for which vuriances are requested:
Code Section I 8.04.050.010 - Minimum lo[ width 70 Feet.
Applican[ requests a variance for proposed fot widths varying from 53:8 feet to 899 feet. The average lot
width is 65 feet.
Code Section 18.04.060.O10 - Minimum deptl~ for lot adjacent to Freeway 150 fee[.
Applican[ requests variance for proposed lot depths varying from l 11.4 feet ro 175.4 feet. The average lot
depth is 120 feet.
Code Section 18.40.090 - Sound attenuation for Single Family Attached Residantial Developments: _,
Exterior noise maximum 65 dB CNEL. lnterior noise maximum 45 dB CNEL. ~
See Npise Level Anatysis Study for fuRher information.
Prepared
Joseph G.~ruxaw, PLS \
Joseph C. ruxaw and Associates, Inc.
265 S. Ari a Drive, Suite 1 I I
Orange, CA 9~868
(714)935-0265
www.truxaw.com
CtWORD6lFILES\COA05059-OnCaIlStweys\BG 030 - Purccl Mop Pir Ave. Ivy Ln\Varinnce Justification LetterAac
ITEM NO. 6
PLANNING COMM~SSION AGENIDA REPORT
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
DATEc MARCH 30, 2009
FROM: PLANNING SERVICES MANAGER
HIM WONG, PROJECT PLANNER
SUBJECT: ZONING CODE AMENDMENT NO. 2009-00078
LOCATION: Citywide.
APPLICANT: The applicant is Christiane Dussa with DMJM, representing CKE
Enterprises.
REQUEST: The applicant proposes an amendment to Title 18 "Zoning" of the
Anaheim Municipal Code to allow four flags or banners to be displayed on properties
five acres or lazger and occupied by a single business and to allow the business name
and/or logo to be displayed on one of the flags or banners.
RECOMMENDATION: Staff recommends that the Planning Commission, by motion,
determine that a Class 4 Categorical Exemprion serve as the appropriate environmental
documentation and deny Zoning Code Amendment No. 2009-00078.
BACKGROUND: A comprehensive update to Title 18 (Zoning Code) was adopted by
the City Council on June 8, 2004. Since its adoption, Title 18 has been amended from
time to time to refine its provisions on an as-needed basis. Flag requirements aze
included in Tifle 18 (Zoninp~ of the Anaheim Municipa~ Code.
PROPOSAL: The applicant proposes an amendment to allow up to four flags or
b~ers to be displayed on properties five acres or larger and occupied by a single
buslness. The applicant is also requesting that one of the four flags or bumers be
allowed to display the business name or logo. The applicant has requested this
amendment to display two flags of the United States, one California state flag and one
CKE Enterprises (Carls Jr.) company flag with the business logo on a 5.4-acre property
located at the southwest comer of Anaheim Boulevard and Riverside Freeway (SR-91).
ANALYSIS: The proposed amendment would change the flag and banner requirements
for properties five acres or larger and occupied by a single business. Up to three flags or
banners would continue to be allowed on properties five acres or smaller or properties of
five acres or larger occupied by mulriple businesses. A draft ordinance with the
proposed Code amendment text has been provided to the Planning Commission as
Attachment No. 1. Staff has provided the following analysis and recommendarions on
the applicanYs proposal:
ZONING CODE AMENDMENT N0. 2009-00078
March 3Q, 2009
Page 2 of 2
Proposed Code Amendment: The Code cunently permits up to three flags or banners to be
displayed at the same time at any single location. Only the flag of the United States, State of
California or its political subdivisions or any flag or banner of any bona fide religious or fraternal
organizarion can be displayed. The display of these types of flags or banners does not require a
permit and there is no time limitation pertaining to the display of the flags or banners. The
proposed amendment to allow a fourth flag or banner that could display the business name
and/or logo would only affect properties five acres or larger and occupied by a single business
tenant. Staff believes allowing a fourth flag or banner on a property to advertise a business is
similaz to a pole-mounted sign which is prohibited by the Zoning Code. Staffbelieves the
advertisement of the business should be limited to the permitted wall and monument signs on the
property. Approval of this Code amendment would open the door for similaz businesses to
advertise. Staff recommends denial of the requested Code amendment.
CONCLUSION: Staff recommends denial of the request because the display of a business on a
flag pole is similaz to a pole-mounted sign which is prohibited by the Zoning Code.
Respectfully submitted,
(~~~ Q'~`_
Principal Planner
Attachments•
1. Vicinity Map
2. Draft Ordinance
3. Letter of Request
Con~,urr d by,
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Pl ni g Services Manager
ATTACHMENT NO. ]
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March 30, 2009
Zoning Code Amendme nt No. 2009- 00078
Citywide
io~22
ATTACHIVYENT NO. 2
ORDINANCE NO. ***
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING SUBSECTION .010 OF SECTION
1838.240 OF CHAPTER 1838 OP TITLE 18 OF THE
ANAHEIM Mi]NICIPAL CODE RELATING TO
SPECIAL EVENTS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTIQN 1.
That subsection :010 of Secrion 1838.240 of Chapter 1838 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
"A10 General. A special event is only allowed as a promotional event for a business located
on the same property and/or as a fundraiser for a school or other charitable non-profit
organization. The following are not subject to a special event permit:
A101 Traditional non-commercial holiday decorarions, provided the decorations do not
contain advertising and comply with all applicable City Fire Codes;
.0102 The display of the flag of the United States, State of Califomia or its political
subdivisions, or any flag or banner of any bona fide reli~ious or fratemal organization; provided,
however, that no more than three such flags or banners shall be displayed at the same time at any
single location within the City. Notwithstanding the foregoing, an additional flag pole and fourth
fla~ or banner may be displayed on any Lot, as defined in Section 18.92.150 ("L" Words, Terms
and Phrases), that is a minimum of five (5) acres and is occupied by a single business entity,
subject to the following restrictions:
(i) The tallesY pole shall be at least twice Che height of the next tallest pole and the
tallest pole shall display the flag of the United States; and
(ii) Any flag or banner refemng to the single business entity, other than a flag or
banner of any bona fide religious or fratemal organization, may be displayed as one (1) of the
four (4) flags or banners; provided, however that it is not larger than the smallest of the other
three (3) flags or banners that are being displayed.
0103 Private occasional parties which aze not open to the public; and
.0104 Carnivals and Circuses. All temporary camivals and circuses are subject to the
provisions of Section 18.38.095, Chapter 332 (Miscellaneous Business Activities), including
Section 332.030 (Circuses/Carnlvals), of Title 3(Business Licenses) and Chapter 4.53
(Carnivals and Circuses) of Title 4(Business Regulation) of the Anaheim Municipal Code."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declazes that should any secrion,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declazed for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination here from of any such portion as may be declazed
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoprion of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecurion for violations of ordinances, which violations
were committed prior to the effecfive date hereof, nor be conshved as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof. The provisions of this
ordinance, insofaz as they are substantially the same as ordinance provisions previously adopted
by the City relaring to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or corporarion to violate any provision or
to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation
violating any provision of this ordinance or failing to comply with any of its requirements shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months,
or by both such fine and imprisonment. Each such person, firm or corporation sl~all be deemed
guilty of a separate offense for each day during any portion of which any violarion of any of the
provisions of this ordinance is committed, continued or permitted by such person, fizm or
corporation, and shall be punishable therefore as provided for in this ordinance.
THE FOREGOING ORDINANCE was introduced at a regulaz meeting of the
City Council of the City of Anaheim held on the day of , 2009, and
thereafter-passed and adopted at a regular meering of said City Council held on the -_ day of
, 2009, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITX OF ANAHEIM
2
By;
MAYOR OF THE CITY OF
ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
... , _ ___
_.
I, ATTACHMENT NO. 3 ~
j~
' ~ ir 'r
~~e 1 ~ ~, 'll
I o ~ ~
~ .....y( ~~ ~ ,' _: 401 W. CARL KARCBER ~'VA1'
j ~ AN~HEIM, CA 92801 ; ,
I i
I ~
December 1, 2008
I
~ Kimberly Wong !
I,
Analieun Planning DeparhnenUPlanning Services
200 South Anal~eim Boulevard, Suite 162
; Anaheam, CA 92805
Ms. Wong: i
I am writing to you to request a Zoning Code Amendment regarding the uwnber and type of 'i
flags or banners that can be displayed at the same tinie at a single location witlun the city. T(ie
i
code is under tl~e Special Events section, num6er 18.38.240.0102. The proposed language for tl~e
code is as follows (blue text being the revisions):
I
.0102 ~The dispP:~v uf tlie flae of the United States St~te of Cnlifnrnia ur ils nolitical subdivisions or
~ anY 11ae or banner of ai~v bonn fide reli~ious or fraternnl ureuniz~~tiun• provided however thnt no more cLan
three such flues or banncrs sl~all be disulaved nt the same time at anv sinele loca[ion within tlie ~Citv Cor
properties containina at Ieast 5 acres of land and beine of a sinale uccunant an additional fla te and
i .fourth flne or baaner mav be displaved provided the follo~vin conditions are mct~ the tallest oole shall be at
lenst hvice the heieht of tl~e nert t~ltest polc nnd l9ie t•illest oole shall displav the fln¢ of thc Uuited SMtes• n
IIae or bnnner reuresentine the sinele occupant otLer thnn n bon~ fide reli ious or frnternal or ~'zatim~ m~v
~ ~ be disolaued as one of the fonr ns lon ns it is not lar er H~an tlie smallest of the other tliree Ilaes ~or bn~mers
( I
I
j The construction plans for the new site has shown four flag poles since it was first submitted for I
,
! plan review in 2007 and was subsequenUy approved for permit. CKE wishes to cantinue to
proudly display our counkries flag to travelers of the 91 freeway and Anaheirn and Harbor
i Boulevards as we have done for tl~e past 30 years. Our current flag pole is an area landmark and
i
j icon. The proposed requirements for the fourth flag should limit tl~e available qualifiers to
i
Maheiin's largest employers/orgaivzaCions and given the heigl~t requirement, tlie occupant must
~
I
~
;
CKE Restaumnts 9nc 401 W. Czid Kmcher Woy, Annheim, CA 92801 Phone: 800-q22-4141 !
..... . _.._. .._.._ ..__.. .._....__.. ..__.,.. _._...i
make a significant investment to do so. We believe a business should not be excluded from flying
fl~eir logo flag in the four flag exception.
'I`hank you for your consideration in this code ame~dment process.
Sincerely,
6~ ~41~'
Mike Darger
Director, Corporat Restaurant Facilities
CKE Restaurants, lnc.
401 W. Carl Karcher Way
Anaheun, CA 92801
714-497 -4320 Office
714-781-2007 Fax
mdargerna ckr.com
CC: Christiane Dussa - DMJM
Michael Tong - PRES
Carl L. Karcher - I{archer Partners, CLP.
CKE Resmurems Inc 40l N. Cad Kumhcr Way, Anaheim, CA 92801 Phane: 800~{22-4141
...... , .......... .___.. . .