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Resolution-PC 2011-011RESOLUTION NO. PC2011 -011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A MITIGATED NEGATIVE DECLARATION AND TENTATIVE PARCEL MAP NO, 2009 -127 (DEV2010- 00085) (6115 EAST HENNING VIEW TERRACE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Tentative Parcel Map No. 2009 -127, to subdivide the subject property into four parcels and remove up to 36 specimen trees to construct three single - family residences on a 4.8- acre site for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with one single - family residence, located in the RH -2 (SC) (Single- Family Hillside Residential, Scenic Corridor Overlay) Zone and the Anaheim General Plan designates this property for Estate Density residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 28, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed tentative parcel map, including its design and improvements, is consistent with the City of Anaheim General Plan designation Estate Density residential land use. 2. That the site is physically suitable for the proposed type of development at the proposed density and therefore would not cause public health or safety problems or environmental damage. 3. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 5. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. - 1 - PC2011 -011 NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Mitigated Negative Declaration and the associated Mitigation Measures included as conditions of approval is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Planning Commission does hereby grant the subject Petition for Tentative Parcel Map subject to 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 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 Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible 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 this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 28, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim nicip Code pertaining to appeal procedures and may be replaced by a City Council Re.. utiC ion in the e t of - appeal. ATTEST: c )A CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION (i. /A _ SENIOR SE TARY. ANAHEIM CITY PLANNING COMMISSION - 2 - PC2011 -011 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 meeting of the Anaheim City Planning Commission held on February 28, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of February, 2011. (qii M,/'\_ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC20 l 1 -011 1 AP N: 356 -401 -17 E VIA SABIA c sa 1 0 Feet EXHIBIT "A" DEV2010 -00085 -4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11071 PC2011 -011 EXHIBIT `B" TENTATIVE PARCEL MAP NO. 2009-127 (DEV2010- 00085) NOTE: Mitigation Measures are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers. NO, CONDITIONS OF APPROVAL PRIOR TO FINAL PARCEL MAP APPROVAL 1 That prior to Final Parcel Map approval, a maintenance covenant, shall be submitted to Development Services and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 2 The Final Parcel Map shall reserve utilities, drainage and vehicular access easements and the following agreements are required: A conformed copy or a copy of agreements to record easement deeds is required: ▪ Prior to selling parcel 1: easement over parcel 1 for ingress and egress, utilities and drainage in favor of parcels 2, 3 and 4; Prior to selling parcel 2: easement over parcel 2 for ingress and egress, and utilities in favor of parcels 1, 3 and 4; and drainage in favor of parcels 3, and 4; • Prior to selling parcel 3: easement over parcel 3 for ingress and egress, and utilities in favor of parcels 1, 2, and 4; and drainage in favor of parcel 4; • Prior to selling parcel 4: easement over parcel 4 for ingress and egress, and utilities in favor of parcels 1, 2, and 3 and drainage in favor of parcel 3; REVIEW BY Public Works Department — Development Services Planning Department — Building Division Public Works Department — Development S ervices SIGNED OFF BY - 5 PC2011 -011 3 That prior to Final Parcel Map approval, the legal Public Works property owner shall execute a Subdivision Department — Agreement, in a form approved by the City Development Attorney, to complete any required public Services improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer, 4 The legal property owner shall irrevocably offer to Public Utilities Water dedicate to the City of Anaheim (Water Engineering Engineering) an easement twenty (20) feet in width for all public water mains, services, fire hydrants, appurtenances and large meters. PRIOR TO ISSUANCE OF A GRADING PERMIT 5 A qualified geotechnical engineer and engineering Planning Department (GEO -1) geologist shall be retained by the Project — Building Division Applicant to review the permit grading plans and foundation plans /designs for the project and prepare a final permit level geotechnical investigation for review and approval by the city. The design recommendations in the report shall ensure that subdrain outlets avoid potential conflicts with underground utilities within the proposed roadway. In addition, the report shall include an analysis of active earth pressure due to adversely - oriented bedding and the results incorporated in recommendations for active earth pressures. 6 The private street configuration shall be as Public Works follows: Department — East parkway width: 2ft at 2% max. Development Curb to curb width: 20 ft at 2 %. Services West parkway width: 6 ft. at 2% max. Anaheim Fire Street cross- drainage superelevated west Department to east at 2 %. Hammerhead turn- around grades shall be 4% or flatter in any direction. The service area for the trash barrels shall be 10% or flatter. Street maximum longitudinal grades shall be 13% or flatter. Otherwise, the private street shall conform to: PW Standard Detail No. 162, the hammerhead turnaround shall meet PW Standard Detail No. 476, Fire Department and PW Street and Sanitation access requirements. 6 PC2011 -011 7 The applicant shall conduct a fire flow test on the existing public system on Henning View Terrace to determine its adequacy to deliver the required fire flow to the proposed development. The Applicant is responsible for furnishing and installing any and all capacity upgrades on the public water system that may be required to meet the City's fire flow requirements. 8 The developer shall submit a water system master plan including a hydraulic distribution network analysis for review. The master plan shall demonstrate the adequacy of the proposed onsite water system to meet the project's water demands and fire protection requirements. 9 The developer shall submit an estimate of the maximum fire flow rate and maximum day and peak hour demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any offsite water system improvements require to serve the project shall be done in accordance with Rule 15A.6 of the Water Utility Rates, Rules and Regulations. 10 (CULT -2) A qualified paleontologist shall be retained by the Project Applicant and approved by the City of Anaheim prior to any grading activities to develop and execute a paleontological monitoring plan. A qualified paleontologist is here defined as a paleontologist meeting the qualifications established by the Society of Vertebrate Paleontologists. The paleontologist shall conduct the following tasks: A. The paleontologist shall attend a pre -grade meeting in order to become familiar with the proposed depths and patterns of grading of the study area and whether excavations would impact the older deposits of Quaternary alluvium within the study area. B. The paleontologist shall establish a curation agreement with an accredited facility prior to the initiation of ground - disturbing activities. C. A paleontological monitor, supervised by - 7 - Public Utilities Water Engineering Fire Department Public Utilities Water Engineering Public Utilities Water Engineering PRIOR TO ISSUANCE OF A GRADING PERMIT OR COMMENCEMENT OF CONSTRUCTION, WHICHEVER OCCURS FIRST Planning Department — Building Division PC2011 -011 the paleontologist, shall monitor all ground- disturbing activities that impact the older deposits of Quaternary alluvium associated the implementation of the proposed project. If fossils are found during ground - disturbing activities, the paleontological monitor shall be empowered to halt the ground- disturbing activities within 25 feet of the find in order to allow evaluation of the find and determination of appropriate treatment. D. The paleontologist shall prepare a final report on the monitoring. If fossils were identified, the report shall contain an appropriate description of the fossils, treatment, and curation. A copy of the report shall be filed with the Project Applicant, the City of Anaheim, and the Natural History Museum of Los Angeles County, and shall accompany any curated fossils. ONGOING DURING GROUND DISTURBING CONSTRUCTION- RELATED ACTIVITES; AND POTENTIALLY POST - CONSTRUCTION SHOULD RESOURCES BE ENCOUNTERED 11 If archaeological resources are encountered during (CULT-1) implementation of the project, ground- disturbing activities shall temporarily be redirected from the vicinity of the find. The Project Applicant and /or contractor shall immediately notify the City of Anaheim and a qualified archaeologist of the find. The archaeologist shall coordinate with the Project Applicant as to the immediate treatment of the find until a proper site visit and evaluation is made by the archaeologist. The archaeologist shall be allowed to temporarily divert or redirect grading or excavation activities in the vicinity in order to make an evaluation of the find and determine appropriate treatment. Treatment shall include the goals of preservation where practicable and public interpretation of historic and archaeological resources. All cultural resources recovered shall be documented on California Department of Parks and Recreation Site Forms to be filed with the CHRIS - SCCIC. The archaeologist shall prepare a final report about the find to be filed with the Project Applicant, City of Anaheim, and the CHRIS - SCCIC, as required by the California Office of Historic Preservation. The report shall include documentation and interpretation of Planning Department — Building Division - 8 - PC2011 -011 resources recovered. Interpretation shall include full evaluation of the eligibility with respect to the National and California Register of Historic Places and CEQA. The report shall also include all specialists' reports as appendices. The City of Anaheim shall designate repositories in the event that significant resources are recovered. The archaeologist shall also determine the need for archaeological monitoring for any ground - disturbing activities thereafter. PRIOR TO PROJECT PLAN APPROVAL 12 (GHG -1) 13 (GHG -2) 14 (GHG -3) 15 At least 75 percent of construction waste (by (GHG -4) weight) shall be recycled. 16 The project shall plant shade trees on the project (GHG -5) site to decrease Project energy demand. 17 The legal owner of subject property shall provide the City of Anaheim a Public Utilities easement for facilities (transformer and high voltage line) installed on private property with dimensions as shown on approved utility service plan. ONGOING DURING GRADING AND CONSTRUCTION 18 (AIR -1) Project buildings shall be constructed to exceed Title 24 requirements by ten percent. The Project shall also include energy efficiency measures by incorporating green building materials which allows for reduced Project energy demand. The project shall reduce GHG emissions from electricity by reducing energy demand through the installation of Energy Star appliances, lighting, and energy - saving windows. The project shall incorporate efficient water management practices, such as hydrozoning by grouping plants with the same water needs. This strategy in addition to incorporating drought resistant or low -water plants and water - efficient irrigation techniques, shall reduce the use of potable water by 50 percent. Water exposed surfaces at least two times a day under calm conditions. Water as often as needed on windy days when winds are less than 25 miles per hour or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. 19 All trucks hauling dirt, sand, soil or other loose Public Works -9- Planning Department — Building Division Planning Department — Building Division Planning Department — Building Division Planning Department -- Building Division Planning Department — Building Division Public Utilities Planning Department — Building Division PC2011 -011. (AIR -2) 20 (AIR -3) 21 (AIR -4) 22 (AIR -5) 23 (AIR -6) 24 (GEO -2) materials off -site shall be covered or wetted or shall maintain at least two feet of freeboard (i.e., minimum vertical distance between the top of the material and the top of the truck). Wash mud - covered tires and under - carriages of trucks leaving construction sites. Adjacent streets shall be swept, as needed, to remove dirt dropped by construction vehicles or mud that would otherwise be carried off by trucks departing the site. All earth moving or excavation activities shall be discontinued during periods of high winds (i.e., greater than 25 mph), so as to prevent excessive amounts of dust. General contractors shall ensure that all construction equipment be properly tuned and maintained in accordance with manufacturer's specifications. All construction vehicles shall be prohibited from idling in excess of five minutes, both on- and off - site. Signs shall be posted limiting idling to five minutes. The geotechnical engineer and engineering geologist shall assess the field conditions during grading phases when soil and geologic conditions in the excavations become exposed. When appropriate or as requested by the city, the geotechnical engineer shall provide structure - specific geologic and geotechnical recommendations which shall be documented in a report to be appended to the project's geotechnical investigation submitted with the grading plans for permits. PRIOR TO ISSUANCE OF FIRST BUILDING PERMIT 25 An Improvement Certificate shall be placed on the Parcel Map to notify future property owners that plans for the private street, private sewer, drainage improvements and water services improvements shall be submitted for review and bonds shall be posted prior to the first building permit on Parcels 2, 3 or 4. The improvements shall be complete prior to the first final building inspection on Parcels 2, 3 or 4. - 10- Department — Development Services Planning Department — Building Division Public Works Department — Development Services Planning Department — Building Division Planning Department — Building Division Planning Department — Building Division Planning Department — Building Division Planning Department — Building Division Public Works Department — Development Services PC2011 -011 26 Prior to issuance of the first building permit and right- of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless in -lieu of Encroachment Agreement is required to be recorded on the property for any private storm drains connecting to a City storm drain. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 27 The private drive shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 28 Project shall record CCR's to include trash (utility) easement access and storage location of barrels and placement of barrels for collection. GENERAL 29 The project is located in a Wild Land Fire Area. The developer shall exhaust all available opportunities to provide a minimum of two (2) connections to the public water system and loop the public water main. Should the developer be unable to secure the necessary easements or rights to provide two connections to the public water system, the developer shall work with the Public Utilities Department, Water Engineering Division, and the Anaheim Fire Department. to establish a fire flow system that is acceptable to the City. 30 Property to be served with underground utilities per the City of Anaheim Underground Policy. 31 Service connection fees to be paid to City of Anaheim as determined by the City of Anaheim's Rates, Rules, and Regulations. 32 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 -8 (Site Plans, Floor Plans, Elevations, Specimen Tree Removal Plans) and as conditioned herein. Public Works Department — Development Services Planning Department -- Planning Services Public Works Department — Streets and Sanitation Public Utilities Water Engineering Fire Department Public Utilities Electrical Engineering Public Utilities Electrical Engineering Planning Department — Planning Services PC2011 -011