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Resolution-PC 2009-044RESOLUTION NO. PC2009-044 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CEQA MITIGATED NEGATIVE DECLARATION AND APPBOVING CONDITIONAL USE PERMIT NO. 2008-05362 (ASSESSOR'S PARCEL NOS. 085-071-42 AND 085-071-45) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for a Conditional Use Permit to construct 56 single-family detached dwelling units for certain real praperty situated in the Clry of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A" attached hereto and incorporated herein by this reference. WHEREA3, the applicant has reqaested approval of a conditional use permit to construct 56 single-family dwelling units pursuant to Code 3ection 18.60 af the Anahezm Municipal Code; and WHEREAS, Tentative Tract Map No. 17289 is proposed in connection with Reclassification No. 2008-00221 and Conditional Use Permit No. 2008-05362 to construct 56 si~gle-family xesidential 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 ]aw 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 request and to investigate and make findings and recommendations in connectioo therewith; and WHEREAS> said Commission, after due inspection, investigation and study made by itself and in its behalf, and after d~e consideration of all evidence and zeporCS offered at said hearing, does find and determine the following facts: 1. That the proposed requesC to permiY 56 single-family dwelling units 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 the approval of Reclassification No. 2008-00221 submitted concunently; and 2. ThaY the 56 single-family dwelling uniTS, as conditioned, will pot adversely affect the adjoining land uses and tbe growth and development of the azea in which 9t is located because iC is reside~tially zoned and the proposed densizy is less than the 140 dwelling uniCs permitted under the current General Plan land use designations. 3. 'Phat the size and shape of the site for the use is adequate to allow the single- family dwelling units in a raant~er not detrimental to either the particular area or health and safeCy as conditioned, as the property is located in an exisCing residentially zoned property and is adjacent to property zoned for single-family developmenC. - 1 - PC2009-044 4. That the traffic generated by the use of the property as single-family dwelling units, as conditioned, will not impose an undue burden upon the streets and highways designed and improved to carry 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 significaoC with tbe impleme~tation of appropriate miCigation measures. 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental Co the health and safety of the citizens of Che Clty of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has revizwed the proposal and does hereby find thaC Che Mitigated Negative Declarauo~ is adequate to serve as the required enviro~menCal documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission For the reasons hereinabove stated does hereby approve Conditional Use Permit No. 200&-05362 subject to the conditions of approval described in Exhibit "B" attached bereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of t}ie subject property in arder to preserve Che health, safety aod general welfare of the Citizens of the City of Anaheim: BE IT FIJRTHER RESOLVED that amendments, modifications and revocations of this permit may be processed in accardance with Chapter 18.60.190 (Amendment to Perntit Approval) of the Anaheim Mm~icipal Code. BE 1T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and deternune ChaC adopCion of Chis Resolution as expressly predicaCed 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 courC of oompetent jurisdiction, then this Resolution, and any approvals ~erein conCained, shall be deemed null and void. BE IT FURTHER RE30LVED that the applicant is responsible for paying all aharges related Co the processing of this discretionary case applicaYion within 15 days of the issuance of the final invoice. Failure to pay all charges shall resolt in the revocation of the approval of Chis application. THE FOREGOING RESOLU'~'ION was adopted at the Planni~g Commission meeti~g of March 30, 2009. Said resolution is subject to khe appeal provisious set forth in Chapter 18:60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining ro appeal procedures and may be replaced by a Ci~ Council Resolutior~in the e~tent of an appeal. CHAIRMAN, COMMISSION - 2 - PC2009-044 ATTEST: SENIOR S~RETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Ciry Planning Commission, do hereby certify that the foregoin~ resolu[ion was passed and adopted at a meeting of the Anal~eim City Planning Commission held on March 3Q 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAHI, RAM3REZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunco set my hand this 30~' day of March, 2009. SENIOR SEC~TARY, ANAHEIM CITY COMMISSION - 3 - PC2009-044 EXHIBIT "A" CONDITIONAL USE PERl~tIT NO. 2008-05362 - 4 - PC2009-044 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05362 CONDITIONS OF APPY20~AL (NOTE: Mitigakion Measutes and Siandard Cbnditions from ~SPONSIBLE NO. ! ~ye Mitigated Negative Declaration aze incorporated into khese MOI~TITORING ~~~ conditions o£ approval and are identified by the mitigation measure number below a licable condition numbers.) PItIfIR TO Tfl E AZ*PRQYAL OF GR~IZIII~G FLriN~, l}K P~CXSE GRf1llIN G 1'Y.rINS; Olt :`": 15STtANCE;'(3F -~1fiiZ~ING'2'~:kNtCTS;..T~',rtTICt~~YEZ~;OGCT7R~.~lRST ; ;, 1 The property owner/developer shall submit a Specimen Tree Planning Removal Plan to the Planning DeFartment demonstrating tl~at Departmeqt - the proposed project has been designed in accordance with the Planning Services provisions of Cliapter 18.18.040 and required tree replacement. A note shall be placed on the grading plan indicating that the replacemenC Yrees shall be planted prior to Che first final building and zoning inspection. (SC 5.1-1) 3 Focused surveys shall be conducted. The survey shall be Planning conducted in accordance with the USFWS Interim Survey Department - Guidelines to Permittees for Recovery Permits under Section Planning Services 10(a)(1)(A) of the Endangered Species Act for the Listed Vernal Pool Branchiopods (1996) or subseque~t revision. ~'ocused fairy shrimp surveys require a 10-day advance wriCten notification to the USFWS. A complete fairy shrimp survey consisCS of two wet season sorveys within a 5-year period, or a wet season survey immediately preceded or followed by a dry season survey. (BIO-3) 3 Focused surveys shall be conducted in areas of suitable habitat Planning for the thread-leaved brodiaea, Sao Femando Valley Department - spineflower, Santa Monica dudleya, and Santa Ana woollystar. Planning Services J If the plants aze observed in areas that would be impacted by __, implementation of the ~roject, t}ie plants should be avoided where feasible. If plants are found to be present on site, approved mitigation measures would be determioed i^ consultation with Che CDFG. If species aze present, monitoring should occur befare, daring, and after project implemenCaCion to ensure avoidance of the plants. (BIO-5) 4 In the event that listed species (coastal California gnatcatchers, Pianning San Diego and vemal pool fairy shrimp) are present on the Department - property, grior to approval of mass or rough grading plans, the Planning Services project applicant shall provide written verification to the Department of Planning that approval from the USFWS and/or the CDFG has been obtained for activities that could affect listed species. The applicant shall provide writteo verification to the Department of Planning that all applicable protection - 5 - PC2009-044 measures specified throagh this consultation are implemented. (BIO-2) 5 ' The propeRy owneddeveloper shall include the following Planning notes on the contractor specifications submitted For review and Department - approval by the DeparCment oY' Pablic Works: "To zeduce Building Division constructioo equiprr3ent emissions, Yhe following measures shall be implemented when feasible: A. Additional dust suppression measures in the South Coast Air Quality Management District (SCAQMD) California Environme~tal Quality Act (CEQA) Air QualiCy Handbook are included as part of the project's measures. • 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 streeCs shall be swept once a day if visible soil materials are carried to adjacent streets (recommend water sweepers with reclaimed water). . Install wheel washers where vehicles enCer and exit unpaved roads onto paved roads, or wash trucks and any equipmenY leaving the site each trip. • All on-site roads shall be paved as soon as feasible, watered periodically or chemically stabilized. . The area disturbed by clearing, grading, earthmoving, or excavation operations shall be minimized aY a11 times. B. The Constr~iction Contractor should ensure that construction gradiag plans include a statement that work crews will shut off equipment when not in use. During smog season (May Through October), Che overa111engCh of - the construction period will be extended, thereby ~~ decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. C. The Construction Contractor should support and encourage ridesharing and transit incentives for the co~struction crew." (AQ-1) 6 The property owner/developer shall submit a letter to the Public Works - Public Works Department, Development Services Division Development documenting that they have consulted with the Department of Services Fish and Game to determine whether a Lake and Streambed Alteration Agreement is required. If such an agreemenC is required, the property owner/developer shall complete the Lake and Streambed Alteration process. - 6 - PC2009-044 7 The property owner/developer shall provide grading plans to ' the Departme~t of Public Works demonstrating that graded ! areas will be compatible with natural landform characteristics ' in conformance with the Anaheim Mnnicipal Code, Title 17 - Land Development and Resources, the City of Anaheim Grading Design Manual and HiIlside Grading Procedures, the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Folicies, and the most recent version of Che Anaheim Building Code (ABC). (SC S.l-2) Public Works - Development Services 8 The property owner/developer shall prepare a detailed slope i Public Works - landscape plan, ~vhich shal] be approved by the Department of ' Development Public Works. The plan shall be certified by a licensed Services landscape architect, and be prepared in compliance with Section 17.06 of the City of Anaheim Monicipal Code and the Mountain Park Specific Plan Grading Concept and Hillside Grading and Landscape Policies to blend landscape features with the existing environment. In additiou, the landscape plan shall conform to the preliminary landscape plan approved in eonjunctioo with the development area plans. (SC 51-3) 9 ' The property owner/developer shall include the following Public Works - ' notes on the contractor specifications submitted for review and Development approval by the Department of Public Works: "To reduce Services construction equipment emissions, the following measures shall be implemented when feasible. • Use low-emission mobile construction equipment. The property ow~er/developer shall comply with Califomia Air Resouzees Board (ARB) requiremenCS for heavy consttvcYion equipment. • Maintain construction equipment engines by keeping them tuned. . Use low sulfur fuel for stationary construction eqnipmenC. _ This is required by SCAQMD Rules 431.1 and 431.2. --• • 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 obstruction of through-traffic lanes. When feasible, construction should be planned so tbat lane closures on existing streets are kept to a minimum. . Schedule construction operations affecting traffie for off- peak hours. • Develop a traffic plao to minimize traffic flow interference ' from construction activities (the lan may inclade advance ' - 7 - PC3009-044 public notice of routing, use of public transportation, and satellite parking areas with a shutde service). a Use aqueous diesel fuel where feasible and reasonably commercially available. a Use cooled exhaust gas recirculation (EGR) where feasible ' and reasonably commercially available. (AQ-2) 10 The property owner/developer shall submit copies of Public Works - contractor speci~cations to the Department of Public Works Development that include the following requiremenCS to protect nesting birds Services regulated by the Migratory Bird Treaty Act: "When feasible, vegetation removal activities s2~a11 be scheduled between July ; 16 and February 14 to avoid the nesting season. This would ensure that no active nesCS would be disturbed and that removal could proceed rapidly. If vegetation removal ackivities occur during the nesting season (February l5 to July 15), all saitable habitat shall be thoroughly sarveyed for the presence of nesting birds by a qualified biologist prior to removal. If any active nests are detected, the area shall be flagged, along with a minimum 50-foot buffer (buffer may ' range between 50 and 300 feet as determined by the moniCOring biologist), and shall be avoided until the nesting cycle is complete or it is determined by the monitpring biologist that the nesC bas failed." In addition, a biologist shall be prasent on Che site to monitor the vegetation removal to ensure that nests not detected during the initia] survey are not distorbed. The project biological monitor shall provide written notification to the Planning Department that these reqnirements have been accomplished following completion of grading activities associaCed wiYh each grading permiC. (BIO- 4) 11 The projact biologist shall review the conttact specifications to Public Works - vezify that the following measures to rrunimize impacts to the Development ~ coastal Califomia gnatcatcher and oCher aoastal sage scrub - Services (CS3) species have been included on the specifications. The project biologist shall provide written evidence Co the Department of Public Works in the form of a note on the grading plans that this condition has been completed. To the ma~cimum extent practicable, no grading of CSS habitat that is occupied by nesting gnatcatchers will occur during the ' breeding season (February IS through July 15). It is expressly ', understood that tliis provision and the remaining provisions of ' these "construction-relaCed minimization measures" are subject to public health and safety considerations. These considerations include ~nexpected slope stabilization, erosion control measures and emergency facility repairs. In the event of such public healkh and safety circumstances, landowners or public agencies/utilities will provide L7oited State Fish and - 8 - PC2009-044 Wildlife Service/California Department of Fash and Game (USFWS/CDFG) with the maximam practicable notice (or such notice as is specified in the Natural Communities Conservatian Program/I~abiCaC Conservatio~n Flan [NCCP/HCP]) to allow for capture of gnatcatchers, cactus wre~s, and any other CSS Identified Species t1~at are noC otherwise flushed, and will carry out the following measures only to the extent as practicable in tbe aontext of the public health and safety considerations. Prior to commencement of grading operations or other activities involving significant soil disturbance, all areas of CSS habitat to be avoided shall be identified with temporary fencing or other markers clearly visible to consCmction personnel. Additionally, prior to the commencement of grading operations or other activities involving disturbance of CSS, a survey will be conducted to locate gnatcatchers and cacros wrens within 100 feet of the outer extent of projected sail disturbance activities, aud tbe locations of any such species shall be clearly marked and identified on tbe construction/grading plans. A monitaring biologist, acceptable to USFWS/CDFG will be on site during any clearing of CSS. The landowner or relevant public ageocy/utility ~vill advise USFWS/CDFG at least seven (7) calendar days (and preferably fourteen [14] calendar days) prior Co The clearing of any habitat occupied by Identified Species to allow USFWS/CDFG to work with the monitoring biologist in connection with bird flushing/capture activities. The monitori~g biologisC will ~lusl~ Identified Species (avian or other mobile Identified Species) from occupied babitat areas irnmediately prior to br~sh-clearing and earth-moving activiCies. If birds cannot be flushed, tbey wifl be captured in mist nets, if feasible, and relocated to areas of the site to be proCecCed or to tt~e NCCP/HCP Reserve System. It will be the ' '~ responsibility of the monitoring biologist Co assure that Idantified bird species will not be directly impacted by brush- ' ' clearing and earth-moving equipment in a manner that also -~ allows for oonsCruction acCivities on a timely basis. Following the completion of initial grading/earfh-moving activities, all areas of CSS habitaC to be avoided by construction equipment and personnel will be mazked with temporary fencing and other appropriaCe markers clearly visible to construction personnel. No construction access, parking, or storage of equipmeot or materials will be permitced within such maxked areas. In areas bordering the NCCP Reserve System or Special Linkage>Special Management areas containing significant C3S ideotified 'an the NCCP/HCP for protecCion, vehicle transportation routes between cut-and-fill locations will be restricted to a minimom number during consCrueCion eonsistent wiYB project constructioo requireme~ts. Waste dirt - 9 - PC2009-044 ' ' ~~ or rubble will not be deposited on adjacent CSS ideotified in the NCCP/HCP for protection. Preconstruction meetings involving the mouitoring biologist, constraction supervlsors, and equipment operators will be conducted and docnmented to ensure maximum praeticable adherence ro these measures. CSS identified in the NCCP/HCP for protection and located within the likely dust drift radaus of construction areas shall be periodically sprayed with water to reduce accumulated dust on the leaves as recommended by the monitoring biologist. (SC 5.4-1) 12 The City Engineer or a designee shall confirm that the plans Public Works - and specifications sCipulate ChaY if evidenee of subsurface Developmept archaeological resources is found during conscruction, Services excavation and oCher constmctioo activity in that area s6all caase and the contractor shall contact Ybe Constmctio~ Engineer, who will then contact a County-certified archaeologist to determine the extent of the find and take proper actions. (ARC-1) l3 A City-approved paleontologist shall be retained by the Public Works - applicanddeveloper to prepare a Paleontological Resource Development Impact Mitigation Plan (PR~!IP). The PRIMP shall include, Services but not be limited to: . AtCendance at the pregrade conference in order to explain the mitigation measures associated with Che project. . Monitoring of excavaeion activiCies by a qualified paleontological monitor in areas iden6#ied as likely to contain paleontological resources. The monitor should be equipped to salvage fossils and/or matrix samples as they are unearthed in order to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment in the azea of Che find i~ order to allow removal of abundant or ]arge specimens. ' . Localized concentrations of small (or micro-) vertebrates may be found i~ on-site deposits. Therefore, it is recommended that these sediments occasionally be spot screened through one-eighth to one-twentieth-inch mesh screens to determine 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 to recover additional fossils. o Preparation of recovered specimens to a point of identification and permanent preservaCion. This 3ncludes the washing and picking of mass samples to recover small invertebrate and vertebrate fossils and the removal of sa lus sedimenC from around larger s ecimens to reduce - 10 - PC~009-044 ' the volume of storage for the repository an~l the storage cost for the developer. . Identification and curation of specimens in a museum repository wiCh permanent, retrievable storage. • Preparation of a report of findings with an appended, itemized inventory of specimens. When submitted to the L,ead Agency, the report and inventory would signify completion of the program to mitigate impacts to paleo~tological resources. (ARC-2) 14 In compliance with the Anaheim Municipal Code, the property Public Works - owner/developer shall submit a Fi~~al geotechnical report ' Development prepared by an engineering geologist and geotechn9cal Services engineer to the Department of Public Works for review and approval. This report shall be prepared to the satisfaction of the City Engineer and shall address soil- and geology-related constraints and hazards suct~ as slope stability, settlement, ', liquefaction, and related seco~dary seismic hazards. A final geotechnical report shall be submitted and approved by the City. Specifically, the report sball: . Include an assessment of potential soil-related constraints such as stability of proposed cut, fill, and naCuraT slopes. Conduct further subsurface exploration tp refine geologic structure for cut slope stability. If the report finds stabilizaCion necessary, grading plans shall require corrective measures to address the need for stabilization; . Inclade an assessment of on-site landslides and appropriate corrective measures, such as further subsurface exploration of ]andslide areas beneath planned fills and development azeas. Corrective measures would include complete removal, if feasible, or stabilizaCion or buttressing of Che landslide. This would involve partial removal of the landslide and stabilizing potential future movement with - earthen fill or reinforced materials; --• . Include subsurface exploration of alluvial and canyon drainage azeas beneakh planned fills or development areas; • Eval~ate excavatio~ characYerisCics of on-site earth materials; . Include sabs~rface exploratio~ to refine gealogic structure for auC slope stability; . Establisla specific remedial grading requireme~ts, including bat not limieed to esCablishing parameters for stabilization/bumessing of slopes and removal of unstable soil materials; . Provide grading, foundation, and structural design recommendations based on findings of future geotechnical - 11 - PC2009-044 investigations; Address settlement, liquefaction, and structural design recommeodations. Grading plans shall incorporaCe removal, where feasible, of all potentially liquefiable alluvium. The grading plans shall also incorporate placement of enginaered fill in the canyons and ipsCaAation of a subdrain system; . Address the potential for expansive soils. Representative soil samples of near-surface soil material shall be collected and tested for expansion potential afCer tae completion of rough grading on site. Expansive soils that are detrimental to the project shall be subjact to special building/foundation design, deepened foundations, post- tension foundakions, soil removal, selective ~rading to blend highly expansive soils with soils of low expansivity, moisture conditioning, or other corrective measures as recommended by a licensed soils/geotechnical engineer and approved by the City Engineer prior to approval of each grading plan; • Include an evaluation of poteotially corrosive soils a~d recommend appropriate conective measures. If conosive soils are found, conective measures shall be incorporated into the grading plans; Address collapsible/compressible material. This material shall be subject to removal or other conecCive measures in all areas planned for structural fiil. Topsoil, colluvium, alluvium, highly weathered bedrock, and landslide roaterials with settlement potential shall be sobject to corrective measures such as removal and recompaction, surcharging, settlemeot 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; " . Include appropriate laboratory testing to define soil engineering parameters; . Inclade additional refraction lines to better ascertain rock hardness and rippability for specific planned cut areas; and ' • Include a review of seismic and faulting conditions on site. Seisraic design parameters identified for the project shall be incorporated into project design as applicable. Caltrans seismic design criteria for the proposed overcrossings shall beincorporated into overcrossing design and implementation. (3C 5.6-3) i5 A note shall be added to the grading plan requiring that dnring Public Works - grading operaCions, all grading and earthwork s~all be Developme~t performed under the observation of a registered geotechnical Services - 12 - PC2009-044 engineer in order to achieve proper subgrade preparation, selection of satisfactory materials, and placement and compaction of all structural fill. An engineering geologisC shall map cut slopes doring grading to 3dentify any laterally con6naous, adversely oriented, broken or fractured zones that may reduce slope stability. The note shall be prepared to the satisfaction of the Department of Public Works. (GEO-1) lfi In any area in which the Southern Trails Pipeline is locaked or Public Works - is proposed to be relocated within the grading plan boundaries, Development the property owner/developer shall obtain the approval of the Services Questar Pipeline Company and the City of Anaheim Fire ' Department. Written evidence of this approval sbafl be submitted to the Department of Public Works. (HAZ-1) 17 The property owner/developer shall provide the City Engineer Fublic Works - Development with evidence that an NOI has been filed with Che Storm Water Services Resources Control Board (SWRCB). Such evidence shall consist of a copy of the NOI stamped by the S WRCB or Regional WaCer QualiCy ConCrol Board (RWQCB), or a letter from eitl~er agency stating Yhat the NOI has been filed. (SC 5.8-1) 18 The property owner/developer shall prepaze a SWPPP that Public Works - complies with the Construction General Perrnit and tbat wi1L• Development a. Require implementation of best management practices Services (BMPs) designed with a goal of preventing a net increase in sediment load in storm 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 water quality standards contained in the Basin Plan during the construcYion period; c. Discuss in deCail the BMPs planned for the project ^ ~ related to control of sediment and erosion, nonsediment pollutants, and potential pollutants in nonstorm water discharges; d. Describe post-construction BMPs for the project e. Explain the maintenance program for the project's BMPs; f. Reqnire reporCing of violaCions to the RWQCB during construction; and g. List the parties responsible for SVJPPP implementatipn and BMF inaintenance daring and after grading. The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Construction General Permit. (SC 5.8-2) - 13 - PC2009-044 19 A copy of the subsequent notification of the issuance of a Public Works - WasYe Discharge Identification (WDID) Number shall be Development provided to the Public Works, Development Services Division. Services A copy of the Stormwater Pollution Prevention Plan shall be kepC at the project site and be available for City review upon request. 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 pollutant runofP. More specifically, the WQMP shall, in accordance with the Drainage Area Management Pla~ (DAMP) and Local ImplemenCation Plan (LIP), do the following: a. Describe the Site Design, Source Control, and Treatment BMPs to be used at the proposed development site {including bath structural and nonstmctural measures); b. Describe respoosil~ility for the initial implementation and long-term maintenance of the BMPs; c. Provide nanative with the graphic materials as necessary to specify the locatio~s of the stmctural BMPs; and d. Certify that the pmperty owner/developer will seek Co have the WQMP carried out by all future successors or assigns to the property. (SC 5.8-3) 21 Constroction of the proposed project may potentially resalt in Public Works - relatively high noise ]evels and annoyance at Che clasest 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: . Daring all project site excavation and grading, the project __. contractors shall equip all construction equipment, fixed or mobIle, w4th pzoperly operating and maincained muftlers consistent with manufacturers' standards. • Noise-generating project coostruction activities in the City of Anaheim shall not occur between the hours of 7:00 p.m. and 7:00 a.m. This requirement applies to construction activities within 3,000 feet of residenCSal vses, oonsistent with the City of Anaheim Noise Ordinance. (SC S.ll-1 ) 22 The applicant shall submit a traffic control plan, including Public Works - construction hatid routes, duration, location of lane closures (if ' Development any), and any pedestrian-related impacts to sidewalks and Services and intersection crossings for review and approval by the Traffic De artment of Public Works, Develo ment Services Division ' En ~neering - 14 - PC2009-044 a~d Traffic Engineering Division. (SC 5.15-1) 23 A final fuel modi6caCion pian shall be submitted to and Fire DeparCmeot approved by the City of Anaheim Fire Department. The fue] modification plan shall be prepared in accordance with the provisions of the Califomia Fire Code in effect at the time of submittal of the tentative tract map and be based upon the criteria seC fortb in the CiCy of Anaheim Fire Department Fuel Modification Plan Guidelines. Prior to fina] bailding and zoning inspection for the first building, fuel modification zones shall be instaUed and inspected in s~bstantial conformance witb the approved plans to the satisfaction af the Fire Department. (SC 5.7-i) 24 Prior to approval of any grading plans within an area in which Fire Department the Southem Trails Pipeli~e exisis or is proposad to be relocated, the property owner/developer shall submit a safety plan to khe City of Anaheim Fire AepaRment. If there are any environmenCal cancems relating to developing adjacent to the pipeline or relocating it identified during subse~uent reviews, the property owner/developer shall be responsible for financing/implementing any necessary mitigation measures. The saPety plan shall be consistenC with safety reg~lations adopted by the Fire Department. The safety plan shall be reviewed by the Questar Pipeline Company and approved by the Fire Department. Relocation of the pipeline shall occur at no cost to the City. (HAZ-2) ;F'RXOR TO:AP PROT?'c~.;~'IF S~'RELT 1~1%IPROVENIENZ? PLANS . <" 35 The property owner/developer s~all sobmit a detailed lighCing P~blic Utilities - plan for review and approval by the Public Utilities ElecCrical Department. The plan shall be ceRified by a professional Engineering engineer and be prepared to minimize light spillover effects. The plan shall also be reviewed for compiiance with adopted City standazds. (SC 5.1-4) ~ P1tI~It T'O AP >,- PRO~AI:;'I1F;WAT~R TMPl`tCl txE1V1,ENT,PL~INS ~ . >_ 26 The property owner/developer shall sabmit a water system Public Utilities - masCer plan, includi~g a hydraulic distribuUon network Water analysis and estimate of the maximum required fire flow rate Engineering and the maximum day and peak hour water demands for the development for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire proteckion requirements without reducing the City's water system improvements required to serve the project in accordance with Rule 15A.6 of fl~e Water Utility's Rates, Rules, aud Regulations. - 15 - PC2009-044 ;r~o~TO rss r~~c~~-~ sur~i~G r~xa~rz~`~ ~; . ~ e ~ = ~ ~. ~ ,. w .. < ~ , ~ p ,, - ~ ~. ~~ ~ : 27 The property owner/developer shall submit final building Planning footprints, flaor plans, roof plans, elevations and color Department - renderings to the Planning Department for the review and Planning Services ' approval by the Planning Commission as a Reports and ' Recommendatio~s item. Plans shall be preparerl to the satisfaction of the Planning Department and in compliance with the Guidelines for Small-lot Development. 28 ! The property owner/developer shall pay the Schoo] Impact Planning Fees in effect at the time of fssuance of the building permiC Co DepartmenC - the Orange Unified School District. (SC 5.13-3) Building Division 29 The property owner/developer shall demoastrate that each Planning structure has been designed in accordance with the most recent Department - seismic sTandards in Che Anaheim Building Code (ABC) and Building Division approved by the Chief Building Official. The ABC contains provisions khat regulate rhe design and construarion of excavation, foundations, retaining walls, and other building elements to control the effecCs of seismic ground shakiog and adverse soil condiCioos. (3C 5:6-1) 30 The projecC would result in total (vehicalar and stationary) Planning daily emissions that are less Than the daily emissions Department - thresholds established by Yhe South Coast Air Quality Buiiding Division Management Dis[rict (SCAQMD). The proposed project is required to comply with Tifle 24 of the Califomia Code of Regulations established by the Energy Commission regarding energy conserva[ion standards. The property owner/developer shall provide writYen evidence and/or sYandard details demonstrating eompliance with Title 24, Part 6, on plans submitted for building perrnits. Reducing the need to heat or cool struct~res by improving thermal integrity will resolt in a reduced expenditure of energy and a reducCio~ in pollntant " emissions. The property owner/developer shall incorporate the ~ following in building plans: o Low-emission water beaters shall be used. Solar water heaters are encouraged. . Exterior windows shall utilize window treaCments for efficient energy conservation. In additio~, the following measures should be impleme~ted in order to reduoe direcY and indirect cons~mpCion of energy. . Recycle construction and demolition waste with 50-75 percent waste diversion through use of off-site wasCe sorting. ~ Utilize drought-resistant landsca e and native lant - 16 - PC2009-044 species where practicable. . Use nonturf in on-siCe landscaping aod limit off-site tarf use to areas of parkway between walkways and streets unless the City agrees to allow use of non-turf ]andscape in the parkway. • Provide a multi-zone low-flow and low-drip imgation system with weather- or moisture-sensing capability. • Use reclaimed water for on-site and off-siCe irrigatio~ as iC is available. . Employ efficient sCructural desSgn to minimize the q~antity of concrete and steel required for the buildings. . All hot water piping and storage tanks will be insulated, and energy-efficiant boilers will be used. . All public space lig6Cing will meet or exceed Title 24 requirements. . Exterior lighting will be controlled by a celestial clock or by a combination of timers and photo sensors to limit energy use. . All supply ductwork will be sealed and leak-tested. Oval or ronnd ducts will be used for 75 percenC of supply ductwork, excluding risers. . Roofing will have a solar reflectance index of 78 or greater. ~~~ All glazing will utilize insulated low-E glass. (SC 53-1) 31 The project is required to comply with regional rules tt~at assisC Planning in reducing short-term air pollutant emissions. SCAQMD ' Department - Rule 403 requires that fugitive dust be controlled with best Building Division available control measures so that Che Fresence of such dust does not remain visible in the atmosphere beyond the property - line of the emission source. In addition, SCAQMD Rule 402 --~ requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off site. Applicable dust suppression techniques from Rule 403 are summarized below. Implementakion of these dust suppression techniques can reduce the fugitive dost generation (and thus the PM10 [particulate matter less than 30 microns in size] component). Compliance with these rules would reduce impacts on nearby sensiCive receptors. Applicable Rule 403 Measures: . Agply nontoxic chemical soil sCabilizers according to manufacturers' specificatioos to all inaetive co~struction areas (previously graded areas inactive for ten days or - 17 - PC2009-0~44 more). > ~Yater active sites at least twice daily. (Locatinns where grading is to occur will be thoroughly watered prior to earCb moving.) . All trucks kaauling dirt, sand, soil, or other loose materials are to be covered, or should maintain at least 2 feet (ft) of freeboard in accordance with the requirements of Cal.ifornia Vehicle Code (CVC) Section 23114 (freeboard means vertical space between the top of the load and top of the Crailer). . Pave construction access roads at least 100 ft onto the site from main road. e 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 ll 13 0~ the use of archiCectural coatings. Emissions associated with architecCUral coatings should be reduced by using precoated/natural colored bnilding materials using water-based or low-VOC coating and using coating transfer or spray eq~ipmenC with high transfer efficiency (or using man~al applieation methods). (SC 5.3-2) 32 ConsCruc[ion of the propasad project may potentially result in Pablic Works - 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 3nclude a note requiring the following measures to be implemented to reduce short-term constcoction-related noise impacts resulting from the proposed project: . During all project site exeavation and grading, the project contraotors shall eqnip all co~struction equipment, fixed or mobile, with properly operating and maintained mufflers _ consistent with manufacturers' standards. _ -. ~~ • Noise-generating project constructio~ activiYies in the City of Anaheim shall not occur between the hours of 7:00 p.m. and 7:00 a.m. This requirement applies to constmction activities witbin 3>000 feet of reside~tial uses, consiste~t with the City of Anaheim Noise Ordinance. (SC 5.1 Z-1 ) 33 The final map shall be submitted to and approved by the Ciry Public Works - of Anaheim and the Orange CounYy Surveyor and then shall be Developmenc recorded in the OPfice of Orange County Recorder Services (Svbdivision Map Act, SecCion 66499.~10). This condition shall not apply to permits issued for model homes. 34 The property owneddeveloper shall submit building pad Public Works - certifications to the De artment of Public Works, as re uired Develo raent - 18 - PC2009-044 in Code Sectipn 17.06, documenting that grading has been 3ervices completed in conformance with the Anaheim Municipal Code, Title 17 - Land Development and Resources, the City Qf Anaheim Grading Design Manual and Grading Plan Procedures, and the Mountain Pazk Specific Plan Grading Co~cept and Hillside Grading and Landscape Policies. (SC 5.6-1) 35 The property owner/developer shall provide written evidence Public Utilities - to the Public UtiliYies IIepartment that the relocated So~them Electrical Trails Pipeline has been inspected and approved by the Engineering California Public Utilities Commissioo (CPUC). (HAZ-3) 36 The property owner/developer shall pay fees in accordance Public Utilities - with the City of Anaheim's Electric Rates, Rules and i Electrical Regulations for electrical residential services for specific uses ' Engineering wiCl~in the developmeot site. (SC 516-11) 37 The property owner shall coordinate iks service requirements Public LltiliCies - and relocation issaes with the City of Anaheim Public Utilities Electrical Department and the other utility companies involved. (SC En;ineering 5.16-19) 38 Building plans shal] show that the property shall be served Poblic Utilities - wiCh undergroond utilities per the Electrical Bates, Kules, and ElecCrical Regulations, and the City of Anaheim Underground Policy, Engineeri~g wiCh installation prior to [he first final building and zoning inspection. (SC 5.16-20) 39 The property owner/developer shall pay fees a~d provide the Pablic Utilities - necessary infrastructure for Che installation of C~ie on-site and ElecCrical off-site electrical and communication systems to serve said En;ineering tract, designed and phased to provide electrical service for the deveiopment areas within Che projecC site. This shall i~clude line extensions from the Park Substation to the developmenC _ site. A note shall be added to Che eonstrucCion plans that the . _-- applicable electrical and communication system improvements s~all be installed prior to the first final building and zoning inspection for the tract or parcel map. (SC 5.16-14) 40 The property ow~er/developer shall submit electric system Public Utilities - plans to Yhe Pnblic Utilities Departme~t, Electrical Engineedng Eleetrical Division, demonstrating that the electric system is in Engineering conformance with the Public Facilities Plan. The property owneddeveloper shall extend and construct the necessary facilities, including e]ecCric lines, to serve devalopment phases. (SC 516-23) 41 All backflow equipment shali be located above ground outside Public Uzilities - of the street setback area in a manner fully screened form all Water ublic streets and alleys. An other lar e water system En ineering - 19 - PC2009-044 equipmenC shall be instalied to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully scraened from all pablic streets. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspection. 42 The developer shall submit water improvement plans Co the Public Utilities - Water Engineering Division for review and approval to Water determine the conditions necessary for providing water service Engineering Co the project and for a performance bond in the amount approved by the City Engineer and on a form approved by the City Attomey shall be postad with the Caty of Anaheim. 43 Individual water services and/or fire line connecYions will be Public Utilities - required for each parcel or residential unit per Rule 18 of the Water City of Anaheim's Water Rates, Rules and Regulations or a ' Engineering legal association CC&R shall be required amo~g separate property owners relaYed to perpetual payment of all water u[ility services provided. 44 The property owner/developer shall pay the Public UCiliCies Public Utilities - Department a proportionate share of a water supply source to Water meet the projected increases in water demands in accordance Engineering with Rule 15.C, SecCion 3, Public UCiliCies Department Water Rates, Rules and Reg~lations and pay all other applicable impact fees required under Rule 15 of the Public UYiliCies Department Water Rates, Rules and Regulations. Although the latest Urban Water Management Plan (UWMP) concludes there is adequate capacity Yo serve the proposed project, an additional water supply soarce will ensure Chere is no loss of redundancy and/or reliabilaty to Che City water supply system. (SC 5.16-8) 45 Irrigation systems within Che projecC area shall be wntrolled by P~b11c UtiliCies - _ automatic programmable irrigation controllers tl~at utilize W ateF- Califomia lrrigation Management Informadon System Engioeering (CIMIS) data to adjust water times and durations based on daily evapotranspiration data. Prior to approval of landscape pla~s, the property owneddeveloper shall provide verification in the form of notes on the plans to the Public Utilities Department, Water Engineering Division that the irrigation system is in conformance with the SAMP. The Pablic Utilities ! Department shall confirm that it is in conformance with the irrigation 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 pla~t water requirements, exposnre, and terrain characteristics. All systems shall uYilize raatched precipitation rate nozzles and emitters for precise water a plication, - 20 - PC2009-044 adjustable low-angle nozzles to reduce overspray, check valves to reduce low head drainage, and master valves to minimize water loss in the event of a line break or valve malfunction. (SC 515-5) 46 The property owner/developer shall incorporate the following Public UCiliYies - energy-saving practices inYO bualding plans. The property Resource owner/developer shali implement, to Y~ie extent #'easible, these Efficiency energy-saving practices, in compliance with Title 10 of Yhe Anaheim Municipal Code, prior to each final building and zoning inspection: a. Consaltation with the Public Utilities DepartmenY energy conservation experts for assistance with energy conservation design features b. Use of electric motors designed to conserve energy c. Use of special lighting fixCures such as motian sensing light switch devices and compact fluorescent fixtures in place of incandescent libhts d. Use of T8lamps, electronic ballasts, and metal halide or l~igh-pressuze sodium fox outdoor lighCing. (SC 5.16-12) 47 Ttte proposed project shall comply wikh all SsaCe Eoergy Public Utilities - Insulation Standards and City of Anaheim codes in effect at 12eso~rce the time of application for bnilding permiCs. (Commonly Efficie~cy refened to as Title 24, these standards are apdated periodically to allow considaration and passible incorporation oP new energy efficiency Cechnologies and meYhods. T3tle 24 covers the use of energy efficie~t building standards, including venCilation, insulation and consYruction, and the use of energy- saving appliances, conditioning systems, water heating, and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed a~d approved by the Public Utilities Department prior to issuance of building permits. (SC 5.16- ___ 10) 48 Plans showing 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 construction. 49 The building plans shall contain a note indicatin~ khat the fire Fire Department hydrants shall be installed and charged as required and approved by the Fire Department prior to commencement of structural framing. 50 Approval from the Fire DepaRment shall be obcained Fire Department indicaCing that all fire hydrants meeC the minimum Fire De artment S ecifications and Re uirements for s acin , - 21 - PC2009-044 distance to str~cture and available fire flow. 51 The project shall be shown to comply with the Anaheim Fire Fire Department Department's "Specifications and Requirements for Fuel Modification Plans and Maintenance". 52 A oote shall be inclnded on the building plans indicating thaY Fire Department emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. 53 An automatic fire sprinkler system shall be designed, installed Fire Department and maintained in each resideotial unit as required by the Fire Department. 54 The property owner/developer shall pay the Police FaciliCies Police Capital Improvement Fee in eYfect at the time of issuance of Department the building permiC; or, if the fee has not been adopYed aC Yhe time of issuance of Che first building permit, the payment of an amount estimated by the City of Anaheim Police Department to be the approximate fair sbare attributable Co the project for police services. (SC 5.13-2) 55 The applicant shall pay a fee in lieu of dedication a~d the Community development fee for the purpose of providing park and Services - Parks recreational facilities to serve Yhe fuCUre res3dents of the Division proposed residential developmeot. (SC 5.14-1) 56 The property owner/developer shall pay fees for sewer service Public Works - to the City of Anaheim and Orange County Sa~itation Discrict Streets and (OCSD). {~C 516-3) Sanitation 57 The property owner/developer shall demoostrate to the Public ' Public Utilities - Utilities Deparlment that water consumption reduction Resource measures have bee~ implemented as required by State law in Efficiency accordance with the Water Utilities Razes, Rules and __, RegulaCions. Where appropriate, plans submitted for building permits shall include notes on plans that indicate the measures thaY will be uCilized to reduce water consumption. Svch measures, where feasible and appropriate, shall include but are not limited to: a. Low-flush Coilets and urinals (Health and Safety Code Section 179213); b. Maximum flow rate of all new showerheads, lavatory faucets, and sink faucets (Title 20, CaliPornia Code of Regulations [CCR] Section 1604(flj; c. Appliances certified by manu£acturer to comply with regulations established by a licable ef6ciency standards - 22 - PC3009-044 (Title 20, CCR Section 1606(b)); d. Hot water pipes insulated to reduce water used before hot water reaches equipment or fixtures (Title 24, CCR Section 2-5352(i) and (j)); e. ImplemenYation of efficieot irrigation systems to minimize runoff and evaporation. (SC 5.16-7) GEIVER.AL'~ O NGOZN.~`rrDURI1l~G PRC3J'EGT 17P.ERAT1011' ° ' 58 In the event that this property begins development prior to the Public Works - adjacent Mountain Park development, the developer shall be Development responsible for construction of all infrastructure to support the Services development as required by the City E~gineer. All development 9s subject to the requirements approved in EIR No. 331 approved in conjunction with the Mountain Park ' Specific Plan development. 59 A preconstruction breeding season survey (approximately Planning Febr~ary 15 through July 15) during the same calendar year Department - thaC eonstruction is planned to begin shali be conducted by a Planning Services qaalified biologist to determine if any burrowing owls/coastal public Works - cactus wrens are nesting on or directly adjacent to the project Development site. If the above survey does not identify any nesting Services bunowing owls/coastal cactus wrens on Yae project site, then no further mitigation would be required. The presence of either of these species within the projecC area shall triggex immediate consultation witb the CDFG. Appropriate mitioation and/or avoidance measures will be developed in consultation with the CDFG. Measares to minimize or mitigaCe the impacts shall be set forth in a mitigation plan prepared in coordination with CDFG staff and submitted by the applicant Co Yl~e City of Anaheim prior to issuance of tt~e grading perm3t. (BIO-6) 60 CoasCal California gnaCcatcher presencelabsence surveys wiA 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 aparC during breeding season (Marchl5 - 3~ne 3~ or ) or nine surveys at least 2 weeks apart during nonbreeding season. (BIO-1 ) b1 In conjunction with the sale of each dwelling unit, the property Planning owner/developer shall provide each homeowner with a copy of Department - the Nature Reserve of Orange County Wildlancl Interface Planning Services ' Brochure along with its attachmenCs. '~'he broc6ure shall be included as part of the sales literature for khe project to educate homeowners on the respoosibilities associated with living at the wildland inYerface. The brochure shall address relevant issues, including the role of natural predators in the wildlands and how to minimize im acts of humans and domestic ets on - 23 - PC2009-044 native communiCies and their inhabitants. A copy of the brochure shall be provided to tt~e City of Anaheim Planning Departmeot prior to Yhe first final bailding and zoning inspection. (HAZ-6) 62 To the exCent feasible and to the satisfaction of tlie Ciry, the Planning followiog measures sball be incorporated into the design and Department - construction of the project (including specific building Planning Services projects): and Building Coiutrrsction a~zcl Bciilding Materials Division . Use ]ocally produced and/or manufactured building materials for construction of the project; . Recycle/reuse demolished construction material; and • Use "Green Building Materials", such as those materials that are resource effieient and recycled and manufactured in ao environmentally friendly way, including low Volatile Organic Compaund (VOC) materials. E~aergy Efficiecicy Mensures a Design all project buildings Co exceed California Building ; Code's Title 24 energy standard, including, but not limited ' to any combination of the following: o Increase insulation such that heat transfer and thermal bridging is minimized; o Limit air leakage through Che sYmcCare or within the heating and woling distribution sysCem to minimize energy consumption; and o Incorporate ENERGY STAR or better rated windows, space heaCing and cooliug equipment, light fixtures, appliances or aTher applicable electrical equipmenC. Design, construct, and operate all newly constmcted and renovated buildings and facilities as equivalent to ' "LEED Silver" or higher certified buildings. ~' . Develop an On-Site Renewable Energy System that consists of solar, wind, geothermal, biomass, and/or bio- gas strategies. This system should reduce grid-based energy purchases and provide at least 2:5 percent' of the project energy cost from renewable energy. Such a sCrategy can include installation of photovoltaic panels, wind turbines, and solar and tankless hot water heaters; . Provide a landscape and development plan for Yl~e project that takes advantage of shade, prevailiog winds, and landscaping; ~ Based on United States Green Building Council, LEED, 2005. Green Bi~ilding Rnting Systeni for New Corish-uction & Major RenavaCions. Version 2.2. October. - 24 - PC2009-044 . Install efficienC lighting and lighting conYrol systems. Use daylight as an inCegral part of lighting systems in buildings; e Install light colored "cool" roofs and cool pavements; • Install eoergy efficient beating and cooling systems, appliances and eqaipment, and co~trol systems; and ~ Install solar or light emitting diodes (LEDs) for ouCdoor ~~ lighting. Water Coiaservation arid Efficiency Measures • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include the following, plus ott~er innovative measures tl~aC might be appropriate: o Create water-efficient landscapes within the development; o Install water-efficie~t irrigaYaon systems and devices, suc6 as soil moiskure-based irrigation conkrols; o Use reclaimed water for landscape irri~ation within the ! project. Install the infrasCructure to deliver and ase reclaimed water; o Design buildings to be water-efficienY. Install water- efficient fixtures and appliances, including low-flow faucets, dual-flush toilets and waterless urinals; and o Restrict watering methods (e.g., prohibit systems thaC apply water Yo nonvegetated surfaces) and control runoff. Solid Waste Mensa~res . Reuse and recycle construction and demolition waste (including but not limited to soil, vegetation, concrete, lumber, metal, and cardboard); o Provide interior and exterior storage azeas for recyclables and green waste and adequaCe recycling containers located in public areas; and Provide resident education about reducing waste and available recycling services. (GCC-1) 63 If human remains are encountered during the conduct of Planning ground-disturbing activities, 5tate Health and Safety Code Department - Section 7050.5 states that no further disCUrbance sball occur Planning Services until the CounYy Coronez has made a determinaYion of origin public Works - and disposition of the materials pursuant to Public Resources Development Code (PRC) Section 5097.98. The County Coroner must be Services notified oP Yhe find immediately. If the remains are determined to be rehistoric, the Coroner woald notify the NaCive - 25 - PC2009-044 American Heritage Commission (NAHC). The NAHC would '' determine and notify a Most Likely Descendant (MLD). The ' MLD may inspect the site of the discovery with the permission of the property owner/developer or his/her authorized represe~tative. The MLD mnst complete the inspection withi^ 24 hours of noti~cation by the NAHC. The MLD may recommend scientific removal and nondestructive analysis of human remains and items associated with Native American b~rials. (ARC-3) 64 The Robertson's Ready Mix Q~arry area will not be developed Fire and Public until after reclamation and remediation are compleCe. IY is not Utilities - anticipated that any underground storage tanks, septic systems, Environmental leach fields, or sio ificant soil contaminatian will be Services encountered during construction, as construction shall occur after remediaCio~ and reclamation are complete. During grading activities, in the event these subsurface features or contaminaTed soil are eucountered, work shall immediately cease in the area and the property owner/developer shall notify the Fire Department and Public UtiliCaes, Enviranmental Services Divisio~, and retaio a qualified hazardous materials ' engineer to assess the impacts and prepare a response plan using the risk-based clean-up standards of the City of Anaheim and Yhe Orange County Health Care Agency, and any appropriate guidelines issued by the Califomia Environmental Protection Agency, Department of Toxic Substance Control, and tbe United States Environmental Protection Agency, applicable to residential land use. Upon approval of the response plan by the Fire Degartment, as applicable, t1~e engineer shall obtain any required permits, oversee the removal of such Peatures, and/or conduct the response work to the satisfaction of the Fire Department or other agency, as applicable, antil closure status is aCtained. (HAZ-4) 65 The installation of new electrical facilities systems shall be Public Utilities - ~ timed to eoincide with the level of development that would Electncal require this improveme~t, to the satisfacCiQn of the Anabeim Engineering Public Utilities DeparCment and other utility companies. (SC 5.16-21) 66 The projecC is expressly conditioned upon the applicant's Plaaning indemnifying and holding hartnless the City, its agents, Department - officers, council members, employees, boards, commissions Planning Services and their members and the City Council from any claim, acCion or proceeding brought against any of the foregoing individuals or entities, tbe purpose of such litigation being to attaek, set aside, void, or annul any approval of the application or related decision, or the adoption of any environmental documents or the MiCigated Negative Declaration prepared i~ conjunction with zhis re uest, which zelates to Che a roval of the ro osed - 26 - PC2009-044 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 tl~e prevailing party, and costs of suit, attorney's fees, and other costs, liabilities and expenses arising out of or in connection with Che approval of the application or related decasions, whether or not there is concurrent, or passive negligence on the part of the City, its agents, officers, council members, employees, boazds, commissions and their counsel selected for all indemnities, the final selection of lega] cannse] shall be made by Che City. The indemnity does not cover costs attributable to a decision that a City public official violated conflict laws in acTing on the project. No later than 30 (thirty) days following approval by the Planning Commission, or approval by the City Council as a result of an appeal filed pursuant to Anaheim Municipal Code § 18.60.130, the lega] property owner shall provide a letter to tt~e Caty satisfactory tp the City Attomey's Office memorializing the foregoing. 67 Extensions for further time to complete conditions of approval Planning may be granted in accordance with Seckion 18.60.170 of the Department - Anaheim Municipal Code. Planning Services 68 That timing for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of good Department - cause provided (i) equivalent timing is esYablished that satisfies Planning Services Che original intent and purpose of the condition(s), (ii) Yhe modificaTion complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significanC progress toward establishment oF the use or approved development. 69 Approval of this application constitutes approval of t2~e Flanning proposed request only to the extent chat it complies with the Deparkment - Anaheim Municipal Zoning Code and any other applicable Planning Services City, State and Federal regulations. Approval does not include - any action or findings as to compliance or approval of the --~ request regarding any other applicable ordinance, regulation or requirement. - 27 - PC2009-044