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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 1 ~ , I z U Q RM-4 p~ 4DU RM-4 ' a ou encH ~ GLEN AVE RM~4 THE VIRGINIAN C~G 4DU EACH APTS RESTAURANT 14 DU GG S N a y-W Q ~ ~ W > Q Z Q U 2 O ~ CG cc ~6 Mioas- _ MUFFLEfl ~_ ~'~ ~760'~~ fiCL fi4-fi5d04 T~CIIP 2009~05421 T ~ CUP 200]~05195 ~ CUP 2412 CUP 4B4 VAR 2491 S I ~ PCN 200]~00035 SERVICE GG STATION ' RESTAURANT ~~ RGL s 61c8] m T-GUP 2009~05421 GG GUP 200]~05195 T*suP,~zoo,t'oad~a SMALLSHOPS ~ cuPlia,ia E17P3149 PGN~200]~000]5 VAEANT FRANCIS DR GG SMALLSHOPS R ~ M-4 PG 30U EACH SMALLSHOPS PG ~ 3 UEACH ~ SMALLSHOPS ~ W W ~ H ~ ~ J U ~ W CATHERINE DRIVE ~ o m iao~......... . ....... .......... .. ............. ~ Fee~ March 30, 2009 ~ Subject Property Conditional Use Permit No. 2007-05195 (Tracking No. CUP2009-05421) 1700 West La Palma Avenue and 1017-1031 North Euclid Avenue 10733 ^3^ coNOOs ^ ^ T MORTUARV C~G ~ SERVICE I STATION ~ LA PALMA AVENUE C-G ~ Q GG SMALLSHOPS _ U N Q GG ¢ j SMALLSHOPS O ~ GG RS-2 RESTAURANT LIDUOR STORE ~ s° ~ RS-2 "~Q 1 DU EACH . 6 _ ~. WQ ' ~~ RS-2 ~ 1 DU EACH o ~i ~ H ~ ~ Z W O N W ¢ ~ I ~ ~----------- j RM~2 ~ CONDOS ~ 53 DU ~ ___ i i _' ~ ~ I I l__ March 30, 2009 Subject Property Conditional Use Permit No. 2007-05195 (Tracking No. CUP2009-05421) 1700 West La Palma Avenue and 1017-1031 North Euclid Avenue 10733 o so ~oo Aerial Photo: ~ ~ 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 / ~ R5-2 ~~U EACH RS-2 1 DU EACH ~r-- 522' I EACH y a 3 z 0 x y a LL 0 0 r ¢ z O R 2 ~ 7 DU ~ O O BERNARDYPL HARLE AVE RS-2 7 DU EACF RS-2 1 OU EAGH f--- 11 ~--- `------RM-2-' I r. ~^----SARATOGA j ~: ~ TOWNHpMES1 . I 178 DU ~-~ . ~ _ I I 1 DU EACH I I CRIS AVENUE ¢ I ¢ z ¢ . RS-2 w ~ ~~ ~ ~ . oi p~ 1 DU EACH W. ' RS-2 p RS-2 W RS-2' ¢~ g ~ t DU EACH = 1 DU EACH j 1 ~U ~EACH Q i~ p ~ a a sa ~oo~ ............. . .. ..................................... . .... ~ FeCt March 30, 2009 ~ Subject Property I Conditional Use Permit No. 2008-05398 I 1770 West Cerritos Avenue 10713 r~ ~ 1 Yl.6ALLF 0 ,, y 4~ N ~_ ~ ,o ~ o ~ W CESRITOSAVE 3 fN ~ ~ _~~~.~AT~LL~A~E T ~- a 33y'~ CERRITOS AVENUE o so ioo ~ ~ Fee[ March 30, 2009 Subject Property Conditional Use Permit No. 2008-05398 1770 West Cerritos Avenue r- ~ ~ w ea«e o ~. ; k~ ~_ ,x ~ o j W.CERflITOSAVE 3 fv. ~ r I _ I _ _AT LL _A_E_ ~ T _ 10713 r°i~li ~~~~ ~~ 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 A'1"1'ACHML+'N'1' NU. 1 s k~ w < i' = o~ °C~ o . w. s. w w w= ~ E.o _ ~o sia >o ~°o x~n ~m ~S'a m'w wn z m wm 'm~m :m ~a 3'a LLm ;`u°a 'a`us °o`u°a AVFNUE ~~pPE S' 6 N+r ` IAPALMA ttt nVENUE ! ` ~`\ 1 LINCOLN `~\ I AVENOE ~ ~~ ' 4/ J / ~ , ~ '~ ~Y BPLL ¢3 w z ~ O - flOAO E _ $c I(ATELLP N a AVENUE CHAPAIAN AVENUE Oe ~w O¢ W / ~V N 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 - - RS-2 ; 1 DU EACH i i i i RS-2 1 DU EACH ~ ~ w ~ a. ¢ ~ _ _- U N Q N Q ~-w ~-w- ~ Q ~ ~ T 0 f o sn iaa~ . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . ~ 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 J ~ SFR F F~q y ~ ~~ ,~,~ 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, / ~ ~= l~\'%_\ v ~v Pl ni g Services Manager ATTACHMENT NO. ] G~ zw i~ ~C oC o. w " i w 3 ~ op ~o 0 ~E'i 'so°m ~S'< mh ww `xm $n r'n~w zm ~< Sa ; u`.~ 33¢° 'uu°c °u.`~¢° ~ OPPNGEiNOqPE qVENOE (~ (S' t '` lA PALMA AVENIIE ~ ~ 1 LINGQLN AVENIIE ~ n~~ .._ ~ ~ ~ I. 4/. J / ~ 1 f i e= ~ BALL flOA w p O ~i g= e~ 3~ XATELLA ~a AVENUE LHAPM1IAN qVENUE Gw ' ° w zz S aw ° _ o. w ~d ~ o sv, o w : m~n wy _s xn w°'o ~ ~ N 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 ...... , .......... .___.. . .