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Resolution-PC 2009-045RESOLUTION NO. PC2009-045 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVIIVG A CEQA MITIGATED NEGATNE DECLARATION AND APPROVING TENTATIVE TRACT MAP NO. 17289 (ASSESSOR'S PARCEL NOS. 085-071-42 AND 085-071-45) WF3EREAS, tUe Anakeim City Flanning 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 California, shown on Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, Tentative Tract Map No. 17289 is proposed in connection with Reclassification No. 2008-00221 and Conditional Use Permit No. 2008-05362 to construct S6 single-family residen6al dweAing units; aod WHEREAS, Tentative Tract Map No. 17289 is proposed to subdivide the property into 56 single-family detached residential lots and 121ettered lots; and WHEREAS, the Planning Commission did hold a public heariog at the Civia Center in the Ciry of Anaheim on March 30, 2009, at 2:30 p.m., aatice of said public hearing havin~ been duly given as required by law and in accordance with the provisions of the Anatieim Municipal Code, Chapter 18.60 "Proced~res", to hear and consider evidence for and against said proposed request and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due i~spection, investigation and sCUdy 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 tbe proposed tentative tract map, inclada~ag its design and improvements, is consisYeot with the I,ow-Medium Density Residentialland use designation in the General Plan, and consistent with Che now pending Residential Single-Family (RS-4) Zone parsuant to Reclassification No. 2008-00221, now pending. ~~ 2. ThaC Che site is physically suiCable for the proposed type of deve]opmenY at the proposed dens9ty and therefore would not cause public health or safety problems or environmental damage. NOW, TIIEREFORE, BE IT RESOLVED that the Anal~eim City Planning Commission has reviewed the proposal and does hereby fiod that the Mitigated Ne~ative Declaration is adequaCe to serve as the required enviroumental documentation in connection wiCh Chis request. BE IT F`URTHER RESOLVED that the Anaheim City Planning Commission for Che reasons hereinabove stated does hereby approve Tentative Tract Map No. 17289 subject to -1- PC2009-045 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 af Che Citazens of the City of Anaheim: BE I3' FURTHER RFSOLVED 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 tlie conditions hereinabove set forth. Shpuld any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdieCion, then this ~Zesolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RE30LVED that the appiicant is responsible for paying all ehazges related to tt~e processing of Yhis discretionary case application within 15 days of the issuance of the final invoice or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all eharges shall result in delays in tbe approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLiTTION was adopced at the Anaheim CiCy 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 Counci] Resolution in the event of an appeaL ~ ~ CHAIl2MAN, A1~IAI~EIM C[TY PLANNING COMMISSION ATTEST: SENIOR S~EZ~RETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2009-045 STATE OF CALIFORNIA ) COtJNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior SecreCary of the Anaheim City Planniog Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on Marcb 30, 2009, by tl~e following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 30°i day of March, 2009. L SENIOR S`~CRETARY, ANAHEIM CITY PLANNING COMIv1ISSION -3- PC2009-045 EXHIBIT "A" TENTATIVE TRACT 1VI~AP NO. 17289 1-0729 -4 PC2009-045 u ioo ~~~o Source: Recorded Tract Maps and/or City GIS. ~r„~ ~ Please note the accurecy is +/- two lo five feel. EXHIBIT "B" TENTATIVE TRACT MAP N0.17289 ' CONDITIONS OF APPROVAL RESPONSIBLE NO. '(NOTE:~~Mitigation Measnres and Standard CQnclirions from the 1Viitigated ' FOR '~ Nega6ve Declaration are incorporated into these condifions of apprqval and aie p~Ol~1ITORING i identified by the mitigation measure nnmber below applicable condition num6ers.) ~ l?'RTPR T.t~ AF2~12G1;{?AL,OF'FINr~.Tl€~I CT`MEi P'. .. ... ~r ~,~ ., ,. 1 The property owner/developer shall submit proof of evidence that an easeme~t area Planning ' for the fuel modification plan has been acquired. The easement shall be provided Department - to the City Attorney's Office, Pub14c Works Department, Development Services ' Planning Services ' Division and Fire Department for review and approvaL (HAZ-5) 2 Straet names for new private sCreeks shall be reviewed and approved by the Planning Planning Department. DepartmenY - Building Division 3 Pursuant to Resolution No. 89R-235 adopting the Poblic Library Facilities Plan for Planning the East Santa Ana Canyon area, as may hereinafter be amended, the property Department - owner/developer shall pay reqaired fees for the construction of library facilities in Building Division the East Hills Planned Commiroity. 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 Departrnent, Bnildiug Division shall verify payment of fees. (SC 5.13-4) 4 All parcels shall be assigned street addresses by the Building Division. Planning Department - ~ Building Division 5 The property owner/developer shall obtain confirmation from the United States Pablic Works - Army Corps of Eogineers (ACOE) that the drainages located on Yl~e tentaCive map ' Development and off-site fuel modification area are isolated and nonjurisdictional> The property ' 'Services owner/developer shall also consult the Regional Water Q~ality ConYrol Board (RWQCB) to determine whether a Section 401 Water Qualiry Certification ar Report of Waster Discharge is required. Evidence of compliance from the ACOE and RQWCB shall be provided to the Public Works Department, Development Services Division. 6 The property owner shall provide evidence of legal pghts for vehicular access, Public Works - cannection to private drainage facilities a~d con~ection to private sewer faailities in Development the Mouutain Park development. 3ervices -5- PC2009-045 7 The precise relocation plan for the Questar Pipeli~e shall be approved by Questar, Public Works - Che Fire Departmeot and Public Works, Development Services Division. Development Services 8 The property owner/developer shall submit a maintenance covenant (the Public Works - "Covenant") to be approved as to form by the City Attorney's Office. The Development Covenant shall include provisions for mainteoance of public and private facilities, Serviaes including compliance with an approved Water Quality Management Plan, and a maintenance exbibit showing the boundaries of the ma9nkenance area. The covenant shall be recorded concunently with the final map. 9 The property owner/developer shall provide the Department of Public Works with a Public Works - Natural Resource Management Plan to be included in the Conditions, Covenants, Development and Restrictions (CC&Rs) for open space areas to be maintained by the Services Homeowner's Association. The Natural Resource Management Plan shall include requirements, including timing restrictions, for vegetatian removal from water quality basins included in the WaCer Quality Maoagement Plan {WQMP); management of native habitat wiYhin open space areas; proper management of household pets to avoid impacts to native species and receiving water bodies; and rules and regulations for human use of open space areas. (WQ-1) 10 The lega] property owner shall execute a Subdivision Agreement, in a form Public Works - ' approved by the City Attorney, to complete the required public improvements at Development the legal property owner's expense. Said agreement shall be submitYed Co the Services ' Public Works DepartmenUDevelopment Services Division approved by the City ~ Attomey and City Engineer and then xecorded concurrenrly vsrith the Pinal Tract Mag. 11 All sanitary sewer, sCreets, a~d storm draios within Che development shall be Public Works - privately maintained by property owner/developer. These maintenance Development respo~sibilities shall be deCailed in the Tract Maintenance Coveuant prior to the Services approval of the fir~al map. _ 12 If multiple final maps are prepared on this tentative map, Che developer shall Poblic Works - provide all easements required for orderly construction of the street, water, sewer, Development drainage and electri¢al improvements witl~ each map, as reGuired by Cl~e City Services Engineer. 13 The property owner/developer shall submit a~inal Fire Master Plan (FMP) to the Fire Department Fire Department for review and approval to ensure Chat fire protection is in accordance with Fire DepartmenC requirements. A copy of the approved FMP sl~all be subruitked Yo the following City departments: Planning, Police, and Public ' Works. (SC 5.7-2) -6- PC2009-045 14 The property owner/developer shall demonstrate that the map has been prepared in Fire Department compliance with applicable provisions of the Anaheim Municipal Code relevant to fire prevention and suppression, subject to the review and approval of the Ciry of Anaheim Fire Department. (SC 5.13-1) 15 The property owner/developer shall pay the appropriate sewer connection fee to the Public Works - City of Anaheim as established by City Council Resolation. (SC 5.16-4) Streets and Sanitation lb The property owner/developer shall submit a Solid Waste Management Plan with Public Works - recycling capabilities to the DeparCment of Fublic Works, Streets and Sanitation Streets and Division for review and approval. Refuse collection and disposal for the proposed Sanitation project shall comply with Assembly Bill 939, the Orange County Inkegrated Waste ' Management Plan, and the City of Anaheim Integrated Waste Management Plan. (SC 5.16-9) 17 The property owner shall post a bond to the City for the installation of sCreet lights P~blic Works - prior to the first fi~al building and zoning inspection. StreeC lights shall be ln Streets and accordance with the Master Land Use Plan. (SC 5.16-17) Sanitation 18 Tt~e properCy owner/developer shall pay any and all costs associated wiTh annexing Public Utilities - the project site into the OCWA OCWD is in the process of annexing the project Water siCe as well as oCher areas into its service area. If this annexation process is not ' Engineering complete when water delivery to the project site by Che CiCy of Anaheim is necessary, then the City of Anaheim would consider amendment to the language in its Water Rule 15, Section F.1. The amended Rule would allow water service Co the project site prior to annexation to the OCWD service area. (SC 516-1) 19 The property owner/developer shall sabmit written evide~ce to the WaYer Public UYiliries - Engineering Division of the Public Utilities Department for review aod approval Water that: (1) the water demands of the project have been included in the Mountain Park Engineering Specific Plan Water System SAMP; and (2) the hackbone water system infrastructure in the adjacent Mountain Park Specific Plan development has been sized and constructed Co accommodate the water demands of the project. Said written evidence shall co~sist of submitting an amended Mountain Park Specific Plan Water System SAMP, which shall include a hydraulic distribution network analys9s of Che project site and the Mountain 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 azea, 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 waCer system improvements and water system backbone infrastructure required to serve the enYire development area; and a schedule outlioing when each facility is needed for permanent water service to the entire development area. The owner/developer ' shall pay aU costs associated with amending tl}e Mountain Pazk Specific Plan -7- PC2009-045 Water System SAMP and enlarging water facilities and related water system improvements that may be necessary to meet the additional water demands of the project site. The owner/developer shall submit water improvement plans prepared in co~formance with the amended Mountain Pazk Specific Plan Water System SAMP Co Yhe Water Engineering Division of the Pablic UtiliCies Department for review and approval. The applicant shall pay all costs assoeiated wiTh exkending and constructing the necessary water lines and improvements to serve the proposed development. (SC 5.16-2) 20 The pzoperty owner/developer shall irrevocably offer for dedication to the City of Public Utilities - Anal~eim Lot J of Tentative TracC Map No. 17289 for a water storage tank site Water access road and 20 ft wide easements for all water service mains and service Engineering laterals, all to the satisfaction of Yhe City of Anabeim Water Engineering Division of the Public Utilities Department. (SC 5.16-6) 21 The owner shall coordinate wit6 tne Electrical Engineering Division Yo ensure tt~at ' Public UGiliCies - there will be no conflicts with the underground electrical sysYems. The property Electrical owner/developer shall coordinate with the Electrical Engineering Division to Engineering esYablish elecCrical service requirements and obtain electrical distribution plans. (SC 5.16-15) 22 The property owner/developer shall install, bond for, or otherwise secure on-site Public Utilities - electrical faciliCies in accordance with the City of Anaheim Public UCility Electric Electrical Rates, Rules and Regolakions, and provide writYen evidence of this facY to Che Engineering Public Utilities Department. (SC 5.16-16) 23 Pla~s shall indicate that above-ground atility devices are located on private Public Utilities - ! property and outside any required set back areas unless otherwise allowed by the Electrical Code. A note shall be included on the final map indicating that the above-ground Engineering ' nCility devices will be specifically shown on construcCion plans in locations substantially in accordance with the approved final tract or parcel map. Landscape and/or hardscape screening of all pad-mounted equipment shall be required outside the aasement area of Che equipment. (SC 516-18) 24 The properCy owner/develaper shall submit preliminary electric sysCem plans to the Public Utilities -' Pablic U6lities Departmeut for review and approval. The property Electrical ownerldeveloper shall request that the Public Utilities Depaztment 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 shall provide the City of Anaheim with a public Public Utilikies - utiliCies easement (per fiual electric design) along/across high voltage lines, low Eleotrical voltage lines crossing private property, and around all pad-mounted transformers, Engineering switches, capacitors, etc for review and approval. (SC 5.16-32) -8- PC2009-045 26 The property owner/developer shall install, bond for, or otherwise secure on-site Southem natural gas facilities in coordination with Southern Califomia Gas Company California Gas (SCGC). Written evidence of t}~is shall be provided to the Public UtiiiYies ' Company Department. (SC 5.16-13) 27 The map shall be amended to indicate that the ma~cimum height for the residential Planning uuits s6a11 be 25 feet, nnless another approval of masimum height is subsequently Department - granted. Planning Services C`r~1~~R x. ~ . ~F: ~ AL~~ ,.,;;,. . .. ~. ~.:; ; > ~ ~ ~ >, : 28 This Tentative Tract Map No. 17289 is granted expressly conditioned upon Plan~i~g approval of Reclassification No. 2008-00221. Department - Planning Services 29 A~inal tract map shall be snbmitted to and approved by the City of Anaheim and Planning the Orange County Surveyor and then shall be recorded in the Office of the Orange Department - County Recordec Planning Services 30 Approval of this application constitutes approval of the proposed request only to Planning the e~tent thaY it complies with the Anabeim Municipal Zoning Code and aoy other Department - applicable City, State and Federal regulations. Approval does not include any Plan~ing Services action or findings as to compliance or approval of tbe req~est regarding aoy other applicable ordiuance, regulaYion or requirement. 31 That Ctae project is expressly conditioned ugan the applicanY's indernnifying and Planning holding harmless the Ciry, its agents, officers, council members, employees, Department - boards, commissions and their members and the City Council from any claim, Planning Services action or proceeding brought against any of the foregoing individuals or entities, the gurpose of such litigation being to attack, set aside, void, or annul any approval of the application or related decision, or Che adoption of any environme~tal documents or the Mitigated Negative DeclaraYion prepared in conj~nction wiCh this request, which relates to the approval of the proposed actions. This indemnification shall include, but is not limited to, all reasonable damages, costs, _ . expenses, attorney fees or experC wiCness fees that may be awarded to the prevailing party, and costs of suit, attorney's fees, and other costs, liabilities and expe~ses arising ouC of or in connection with the appmval of the application or related decisions, whether or not there is concurrent, or passive negligence on the part of the City, its agents, officers, council members, employees, boards, commissions and their counsel seleeted for all indemnities, r3ie final selection of legal counsel shall be made by the Ciry. The indemnity does not eover cosCs attributable to a decision that a City public official violaCed couflict laws in acting on tbe project. No later than 30 (thirty) days following approval by the Planning Commission, or approval by the City Council as a result af an appeal filed pnrsuant to Anaheim ' Municipal Code § 18.60130, the legal property owner shall provide a leCter ta the City satisfactory to the City Attorney's Office memorializing the foregoing. -9- PC2009-045 32 ' Timing for compliance with conditions of approval may be amended by the Planning Director upoo a showing of good cause provided (i) equivalent timing is established ChaC saCisfies the origina] inCent and purpose of the co~dition(s), (ii) the modification complies with the Anaheim Municipal Code and {iii) the applicanC has demonstrated significant progress toward esYablishment of the use or approved development. Planning DeparCmenC - Planning Services 33 Exte~sions for further time to complete conditions of approva] may be granted in Planning accordance with Section 18.60.170 of the Anaheim Municipal Code. Department - Planning Services 34 Prior to the earlier of the conveyance of the first uoit or the first final building and Public Works - zoning inspection, whichever occurs first, the property owner/developer shall Development execute and record with the Orange County Recorder a declaration of covenants, Services conditions and restrictions ("CC&R") satisfactory to the California Department of Real Estate creating maintenance obligations, inelud'ang compliance with the approved Water QualiCy Management Plan, and to establish a ftnancial mechanism or financial mechanisms to mainYain all of the building exteriors and improvements located on the property except for azeas designated 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 Public Works, Streets and Sanitation Division. -10- PC2009-045