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HomeMy WebLinkAboutPC Res 06-17 - 2006-04-05 RESOLUTION NO, 06 - 17 OR/Sf'"~ IV"!!. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION 06-1, 400 MARINA DRIVE PROJECT WHEREAS, on November 21, 2005 Schwendener Corporation submitted requesls for a General Plan Amendment, Zone Change and Tentative Parcel Map with the Department of Development Services; and WHEREAS, The proposed proJect seeks approval ofthe followmg actions, as requested by Schwendener Corporation: D Amend the Land Use and Housing Elements of General Plan to designate a 13,667 squarc foot, 0 3I.acre, property from Commercial General to ResIdentiall-hgh DenSIty, D Change the zoning designation on this parccl from Gencral Commercial (C-2) to ReSIdential High Density (RHD), District I to be consistent With the General Plan revision; D Approve Tentative Parcel Map 2005-257 to create 4 parcels on thc approximately 0.31 acrcs, with a minimum parccl size of 2,937 5 square feet; and WHEREAS, the City has prepared "Proposed Initial Study/Mitigated Negattve DeclaratIOn 06-1, General Plan Amendment 06-1, Zone Change 06-1 and TentatIve Parcel Map 2005-257 - -100 Marina Drive Project" (SCH # 200602l13l) as required by the California Environmental Quality Act (CEQA); and WHEREAS, the comment penod on Mitigated Negative Declaral10n 05-2 ended on March 27, 2006 The City received 6 rcsponscs to thc Mitigated Negative DeclaratIOn; and WHEREAS the City prcparcd a "Rcsponsc to Comments" document determining that all issues raised during the pubhc comment period have been evaluated and no SIgnificant impacts have been raised; and WHEREAS, a duly notIced pubhc hearing was hcld by the Planning Commission on April 5, 2006 to con~ider Mitigated Negative Declaration 06-1 and the requested General Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel Map 2005-257; and \\DA1AFII E\Users\l Whlttenberg\M) Dm.umcnt\\RESOIJ\.1ND 06-1 400 Manna Dn\'e pt Reso doc\LW\04-06-06 Planl1lng CumnllsslOn ResolutIOn No 06-17 Mmgaled Negalll'e DeclarallOn 06-/ 400 Marilla Drive Project Api'll 5, 2006 WHEREAS, the Plarming Commission received into evidence the Staff Report of April 5, 2006, along with all attachments thereto, and consIdered all public testimony presented; and WHEREAS, based on the information contained in the public record, the Planning Commission made the following findmgs regardmg MItIgated Negative Declaration 06-1 : 1 Proposed Mitigated Negative Declaration 06-1 adequately discloses the potential environmental llnpacts of proposed General Plan Amendment 06-l, Zone Change 06-1 and TentatIve Parcel Map 2005-257, and no substantJal adverse enviromnental impacts will rcsult upon the approval of the subJcct projcct, with implementation of the mitigation measures set forth in the Mitigated Negauve Declaration 2. Thc proposed project is consistent \vith the Land Use Element of the City of Seal Beach General Plan as it is proposed to bc amcnded by General Plan Amendment 06-1 Ine adoptcd "Land Use Element"" map is proposed to be amcndcd to be consistent with the project evaluated in the subject Mitigated Negative Declaration. 3. The proposed projcct is also consistent with the language of the Land Use Element of the City of Seal Beach General Plan, as is not(.-d in the Staff Report, dated April 5, 2006. NOW, THEREFORE BE IT RESOLVED that based upon the foregoing, the Planning Commission hereby recommcnds that the City CouncIl Adopt Mitigated Negative Declaration No, 06-1. subjcct to imposition of the following MiUgation Measures. as set forth m Scction 6.0 of Mitigated Negative Declaration 06-1: CULTURAL RESOURCES CUL-I An archaeologist and a Native Amencan Monitor appointed by the City of Seal Beach shall be present during earth removal or disturbance activItics related to rough gradmg and other excavation for foundatIOns and uuhucs. If any earth removal or dIsturbance activities result m the discovcry of cultural resources, thc Projcct proponent's contractors shall ccasc all earth removal or disturbance aChvitics in the vicinity and immediately notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development SCrvICCS The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requiremcnts of the City of Seal Beach Archaeological and Historical Elcment, and other apphcable regulations. Consultation with the Native American Monitor, the Native American I-Ientage CommISSIOn and data/artifact recovery, If dccmcd appropriate, shall be conducted. MND 06-1400 Mannol Drive PC Rc,o 2 CUL-2 CUL-3 CUL-4 Planning CommISSIOn ResolutIOn No 06-17 MlI1gated Negal1\'e DeclaratIOn 06-1 400 A1al'lna Dl'lve Prolect 4prtl 5, 2006 If evidence of ~ubsurface paleontologic resources is found during constructIon. excavatIon and other construction activity Il1 that area shall cease and the contractor shall contact the City Development ServIces Department. With direction from the City Dcvelopment Services Department, an Orange County Certified Paleontologist shall prepare and complcte a standard Paleontologic Resource Mitigation Program. Should any human bone be encountered during any carth rcmoval or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native Amencan monitor shall be immediately contacted, who shall then Immcdlatcly notIfy thc Director of Development Services. The Director of Development Services shall contact the Coroner pursuant to Sections 5097.98 and 5097,99 of the Public Resources Code relative to Native American remains. Should the Coroner determme the human remams to be Native Amen can, the Native American Heritage Commission shall bc contactcd pursuant to Public Resources Code Section 5097.98, If more than one Native American burial is encountered durmg any earth removal or disturbance activitics, a nMltigation Plan" shall be prepared and subject to approval by the City of Seal Beach Community Development Department and the California Coastal CornnnsslOn Thc Mitigation Plan shall include the following procedures: Continued Native Amencan Momtoring . All ground disturbance in any portions of the project area with the potential to contain human remams or other cultural matcrial shall bc monitored by a NatIve American representative of the MLD. Activities to be monitored shall include all construction grading. controlled gradmg, and hand excavatIOn of prevIOusly undisturbcd depOSit, With the exception of contexts that are clcarly Within undisturbed soil proliles . Exposure and removal of each bunal shall bc momtorcd by a Native American Where burials arc clustcrcd and immediately adjacent, one monitor is sufficient for excavation oftwo adjoining burials . Excavation of test umts shall be momtorcd. Simultaneous excavation of two tcst units If less than 20 feet apart may be monitorcd by a smgle Native American. . If screening of SOIl assocIated with bUrIals or test units is done concurrently with and adjacent to the burial or tcst unit, thc Native Amencan responsiblc for that burial or test unit will also momtor the MND 06-1 400 MoIrmol Dm c PC RCliO 3 Planl1lng Comml>.IIon Re,ollltlOn No 06-17 M'lIgaled Negallve Dee/aral/on 06-1 400 Marmo Drtve Prolect Aprtl5, 2006 screening. If the screening is done at another location, a separate monitor shall be required, . All mechanical excavatIOn conducted in deposits that may contain human remains (i.e" all areas not completely within undisturbed SOIl profiles) shall be momtored by a Native American. Nottiication Procedures for New Discoveries . When pos~ible burials arc identified during monitoring of mechanical excavatIOn, or excavation of te~t units, the excavation shall be temporarily halted while the find IS assessed in consultation with the lead field archaeologist. If the find IS made durmg mechanical excavation, the archaeologist or Native American monitoring the activity shall havc thc authOrIty to dIrect the equipment operator to stop while the find is assesscd. If it is determmcd that the find does not constitute a burial, the mechanical excavation shall continue. . If the find IS determined to be a human burial, the lead archaeologist shall immediately notify the Site Supervisor for the developer, as wcll as thc Principallnvesttgator The Principal InvestIgator shall immediately notify the MLD and the Director of Development Services for thc CIty of Seal Beach, The City shall provide the Coastal Commission with weekly updates deSCrIbing any such finds m wntmg. Identification of AddItional BUrIals . For all discovcrcd human burials, attcmpts shall continue to be made to locate additional burials nearby through hand excavation techniques, This shall be done through the excavation of I x I m exploratory test units (ETUs) placed along transects extendmg radIally from each Identified burial or burial eluster The spacing of the ETUs shall be determmed upon consultation with the Project Archaeologist and the MLD The radial transects shall be designed to test areas withm 50 feet (15 m) from the edge of each burial or burial cluster. ExcavatIon of thcsc units shall bc limIted to areas contaming mtact cultural deposit (i,e" areas that have not been graded to the underlying undisturbed soil profiles) and shall be excavated until the undisturbed soil profiles are encountered, or to the excavation depth reqUired for the approvcd gradmg plan. Thc soil from thc ETUs along the radial transects shall be screened only if human remains are found in that unit. . Controlled grading shall be conducted within these 50-foot heightened investigation areas with a wheeled motor grader, The motor grader shall use an angled blade that excavates 1 to 2 inches at a pass, pushing the soil MND 06-1 400 Mdnnd Dnve PC R~o 4 Plalllllng Comm""'Jn Re.lolutlOll No 06-17 M,l'gated Negallve DeclaratlOll 06-1 400 Marma Dn,e I'n!/ea Api'll 5, 2006 to the side to form a low windrow. Monitors shall follow about 20 feet behind the motor grader, examining the ground for cvidcncc of burials . When a bunal is identified during controlled grading, the soil in windrows that may contain fragments of bone from that burial shall bc scrcencd. At a minimum this shall include the soil in the windrow within 50 feet of the bunal in the direction of the grading, . If additional burials are found during controlled grading. additional ETUs will be hand excavated in the radial patterns described above. Burial Removal and Storage . Consultation with the MLD shall occur regarding the treatment of discovered human burials, If the MLD determmes it is appropriate to have dIscovered human remams pcdcstalcd for removal, that activity shall be conducted in a method agreed to by the MLD. . After pedestaling or other agreed upon burial removal prograiTI is completed, the top of a burial shall bc covcrcd with paper towels to act as a cushion, and then a heavy ply plastic will be placed over the top to retam surface moisture. Duct tape shall be wrapped around the entire pcdcstal, sccunng the plastic bag and supporting the pedestal. Labels shall be placed on the plastIC indlcatmg the burial number and the direction of true north m relation to the individual burial. Sections of rebar shall be hammered across the bottom of the pedestal and parallel to the ground. When a number of parallel rcbar sections havc bccn placed this way, they shall be lifted simultaneously, cracking the pedestal loose from the ground. The pedestal shall then be pushed onto a thick plywood board and hfted onto a pallet. A forklift shall carry the pallet to a sccurc storagc area or secure storage containers located on the subject property, . If another agreed upon burial removal program is utIlized, that mcthod shall be carried out m a manncr agreed upon after consultation with the MLD and concurrcncc by the Cahfornia Coastal Commission. Studv of Bunal Remam~ . If the burials are removed m pedcstal and are incompletely exposed, ostcological studies are necessarily limited to determmation (If possible) of age, sex, position, orientatIOn, and trauma or pathology. After consultatIOn, and only upon wnttcn agreement by the MLD, addItIonal studies that are dcstructive to the remains may be undertaken, mcludmg radIOcarbon dating of bone or DNA StUdICS. If thc MLD dctermmes that only non-destructive addlltonal studies may be allowed. one shell may be MND 06-1 400 Manna Dnve PC Re!to 5 Plalllllllg COII/III"MOII Re.lollltlOn No 06-17 M'ligaled Negatn'e DeclaratIOn 06-1 400 Marma Drn c Prolecl April 5, 2006 removed from each burial and submitled for radiocarbon dating. The assumption here is that the shell would have been part of the fill for thc burial pit, and therefore would provide a maxImum age for the burial. . The MLD may indicate a willmgness to consider some additional exposure and study of the skeletal material removcd from the sites Such study would not mvolve removal of thc remains from the project area, but rather would be undcrtaken near the storage area, To the extent allowed by the MLD, the bones would be further exposed Within the eXlstmg pedestals or other medium con taming the human rcmains and additional measurements taken Consultation with the MLD regarding the feasibility ofthe~e additional studies prior to rebunal would occur. Repatriation of Burials and ASSOCIated Artifacts . Once all portions of the project area have been gradcd to the underlying culturally sterile marine terrace deposits, or to the excavation dcpth required for the approved gradmg plan, the repatriation process shall be ImtIated for all recovcred human remains and associated artifacts Oncc a reburial site has been identified and preparcd, the remains and associated artifacts shall be transported from the secure storage area to the site for reburial. Appropriate ceremony will be undertaken during this process at the discretion of the MLD Additional Studies . Considerable additional data relating to regional research issucs may be uncovered if substantial numbers of human bunals and other archacological features are encountered during the construction monitoring for the developmcnt If this occurs, additIOnal analysis shall bc conductcd Thc analysis shall be designed to more complctely address the research issucs discussed m the approved ""Research Dcsign," and to provide addItional mitigatIOn of impacts to the SltCS m light of the new finds The following ~tudies would be potentIally apphcable: o Radiocarbon Datmg. In considering the imphcations of the burials in interprctmg site use and regional settlement, it IS cri tical to assess the tIme rangc represented by the interments Do they correspond to the full temporal range of site use, or only a limited tImeframe? Although direct datmg of the bones may not be pOSSIble due to the dcstructive nature of the radiocarbon technique, thc MLD may approve the removal of a single shell fIOm the interior of each burial for datmg Although this shall not prov ide a direct date of the burial. assuming the shell was part of the burial fill it should providc a maximum age (that is, the bunal should not be older than the shell). In addition, an MND 06-1400 Manna Dnve PC Re!loo 6 PlallnmgCOtnllmMOIl Re.lollltlOll No 06-17 Mil/gated Negat,ve DeclaratIOn 06-1 -100 Marma Dr1\'c PIOjeCI Ap1l15. 2006 eqUIvalent number of additional samplcs from non-burial contexts would also be taken for comparative purposcs These data \~ould proVIde a more secure measure of the intensity of occupatIOn during different periods. o Sediment Cores. Dating results obtaincd to date on the Hellman Ranch/John Laing Homcs properties may suggest a possible hnk betwccn thc use of the sites within the proJect area and the prodUCtIVIty of the adjacent lagoon and estuary systems. To asscss this link using independent environmental data on thc subject property, two sediment cores Will be taken from suitable locations of the property, Sediments in the cores shall be examined and described in the field by a geologist, and samplcs collected for dating and pollen analysis. 'Ibese data shall then be used to help reconstruct the habitats present on the property during the periods thc sites were occupied. This analysis shall be included in the final report documentmg thc tcsting, data recovery, and constructIon momtonng phases of this investigatIOn, o ComparatIve Studies The substantial assemblage of artifacts recovered during the monitoring on the Hellman Ranch/John Laing Homes properties prOVides a baSIS for companson with other sitcs and shall contribute to an understanding of regional patterns. This analysis shall be included in the final report (scc below). o Animal Interments. Animal interments may be discovered within the proJect area. Becausc thcse are not human remams, somewhat more intensive study is possible. Because these features are uncommon and represent very culturc-spccific religious practices, they are useful in reconstructing cultural areas dUrIng ccrtain times in prehistory. Analysis of animal mtcrmcnts will include: (I) exposure to determme bunal pOSItIOn, (2) photo documentation; (3) exammation of skelcton for age/sex; traumatic lllJury, pathology, butchering, or other cultural modification; (4) radIOcarbon datmg; and (5) exammation of grave dIrt for evidence of grave goods or stomach contents. Curalton . Cultural materials recovered from the cultural resources monitoring and mitigation program for lhe development shall bc curated either at an appropriate facility in Orange County, or, in consultation With the City, at the San Diego Archaeological Center. MND 06-1 400 Manna Drive PC Re!lo 7 Planning CommISSIOn RelOllltlOn No 06-17 Mlllgaled NegatiVe DecfOl allOlI 06-1 -100 Marma Drive Project Ap1l15, 2006 Prcparation of Final Report . The final technical report ~hall be prepared and submItted to the City and the California Coastal CommissIOn withm l2 months of the completion of the archeological field work. The report shall conform to the guidelines developed by the California Office of Historic Preservation for Archaeological Resource Management Reports (ARMR) It will be prepared in sufficient quanl1ty to dlstributc to interested regional researchers and Native American groups. It shall thoroughly document and synthesizc all of the findmgs from all phases of the cultural resources program. Funding shall be providcd by the landowner. GEOLOGY AND SOILS GEO-I GEO-2 GEO-3 GEO-4 GEO-5 Engmeering design for all structures shall be based on thc probability that the Projcct area will be subjected to strong ground motion during the lifetime of development. ConstructIOn plans shall be subJect to the City of Scal Beach Mumcipal Codc and shall include applicable standards. which address seismIC design parameters, Mitigation of earthquake ground shaking shall be incorporatcd into design and constructIOn in accordance with Umform Building Code requirements and site specific design. The Newport-Inglcwood fault shall be conSidered the sCIsmic source for the Projcct site and specified design parameters shall be used. The potential damaging effects of regional earthquake activity shall be consIdercd in the design of each structurc. The preliminary seIsmic evaluatIOn shall be based on basic data including the UmfOffil Buildmg Code Seismic Parameters and thc geo-technical site-specific report prepared for the Project Structural design criteria shall be detcrmined in the consideration of building types, occupancy category. sci~mic importance factors. and possibly other factors. Conformance with the latest Umform Building Code and City Ordinances can be expccted to satisfactorily mItIgate the effect of scismic ground shaking, Conformance with applicablc codes and ordinanccs shall occur in conJunctIOn With the issuance of building permits in ordcr to insure that over excavatIOn of soft, broken rock and clayey soils withm shcared zones will be requircd where development IS planned. The project proponent shall incorporate measures to mitigate expansive soil conditions, compressIble/collapsible sot! conditions and hquefaction soil conditions, and impacts from trenchmg, which measures would be identified in site-specific reports preparcd by the proJect's gcotechnical consultant Recommendations shall be based on surface and subsurface mapping. MND 06-1 400 Manna Dnve 1'<: Rl.!lo 8 Planning CommISSIOn Re,olutlOn No 06-17 AIlflgafed Negaf'l'e De,larallOn 06-1 400 Malina Drn'e p, olea Aprd 5. 2006 laboratory testing, and analysis The geotechnical consultant" s site specific reports shall be approved by a certified engineermg geologist and a regbtered civIl engineer, and shall be completed to the satIsfaction of the City Engmeer. Project applicant shall reImburse City costs of independent third-party review of said geotechnical report. GEO-6 Loose and soft alluVIal SOils. expansivc clay soils, and all existmg uncertificd fill matenals shall be rcmoved and replaced With compacted fill during site gradmg m order to prevent seismic settlement, soIl expansion, and diITerential compaction, GEO-7 All surfaccs to receive compacted till shall be cleared of cxisting vegetation, debris, and other unsuitable materIals which should be remo\'ed from the site. Soils that are disturbcd during site clearing shall be removed and rcplaccd as controlled compacted fill under the direction ofthc Soils Engineer. GEO-8 All gradmg procedurcs, including soil excavatIOn and compaction, the placcmcnt of backfill, and temporary excavation shall comply with City of Seal Beach Standards GEO-9 Graded but undeveloped land shall be maintaincd weed-free and planted with intenm landscapmg within ninety (90) days of completIOn of grading, unless buIlding permits are obtained, Plantmg With mterim landscaping shall comply with NPDES Best Management Practices. GEO-IO As soon as possible following the completion of grading activities, exposed soils shall be seeded or vegetatcd WIth a seed mix and/or native vegctation to ensure soil stabilizatIOn, GEO-Il PreCIse grading plans shall include an Erosion, Siltation, and Dust Control Plan The Plan"s proVIsions may mclude sand bagging, soIl compaction, revegetation, tcmporary irrigation, scheduhng and time limits on gradmg activities, and construction equipment restrIctions on-sIte. ThIS plan shall also demonstrate comphance with South Coast Air Quality Managemcnt District Rule 403, which regulates fugitive dust control. HAZARDS AND HAZARDOUS MA TERIALS HAl-I The Project proponent shall provide to the DIrector of De\elopment ServIces documentatIOn from thc Orange County Airport Land Use Commission as to the compliance of the proposed proJect with the "'Airport Environs Land Use Plan for Joint Forces Training Base Los AlamItos". Is~uance of bUlldmg permits shall not occur until said comphancc notification is received by the Director of Development SerVIces. MND 06-1 400 Manna DrIve PC R~o 9 Planning Comml.\>lOn Re,ollltlOn No. 06-17 Mil/gated Negative DeclaratIOn 06-1 -100 Marilla Drive Pro/eel AplI/5, 2006 HYDROLOGY AND WATER QUALITY HYDl HYD2 HYD3 NOISE Prior to the Issuance of the first grading or building permit, a comprehensive Water Quality Managcment Plan (WQMP) shall be preparcd by a rcgistered civil engincer or a registered professional hydrologist to protect watel resources from Impacts due to urban contaminants in surface water runoff. The WQMP shall be prepared in coordination with the Regional Water QualIty Control Board, Orange County, the CIty of Seal Beach, and the California Coastal Commission to msure compliance with applicable NatIOnal Pollutant Discharge Elimmation System (NPDES) permit reqUlremcnts. The WQMP shall include a combination of structural and non-structural Best Managemcnt Practices (BMPs) as outlined m thc Countywide NPDES Drainage Area Management Plan Project applicant shall reimburse City costs of independent third-party review of said Water Quality Managcmcnt Plan. TIle amount of sediment movement during construction Will bc minimized by the use of NPDES BMP's, mcluding, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condItIOn of the BMP's will bc periodically inspected dunng construction and repairs Will be made, when necessary, as required by the NPDES. The project is rcquired to meet Stonnwater Managcment regulations of the CIty of Scal Beach as set forth m Chapter 9.20, Storm Water Management Program. A copy of the Storm Water Pollution Prevention Plan (SWPPP) if required, and a Monitoring Plan shall be submitted to the City Engmeer a minimum of thirty (30) days prior to commencing grading opcrations for approval. A Grading Permit shall not be issued by the Building Department or Public Works Departmcnt until the SWPPP has becn approved by the City Engineer. The SWPPP shall emphasize slructural aild non-structural Best Management Practiccs (BMPs) in compliance with NPDES Program requirements Spccific measures shall mclude: o All loo~e pIles of soil. SIlt, clay, sand, debris, or othcr carthen materials shall be protected in a reasonable manner to eliminate any dIscharge to waters of the State o During construction, temporary gravel or sandbag containment walls shall bc used as necessary to prevent discharge of carthen materials from thc site during periods of precipitation or runofT, N-l Pnor to commencement of construction activities, notice shall be provided to surrounding residents Within a 500-foot distance of the project site, regarding anticipated construction activity datcs and limes when substantial noise IS MND 06-1400 Manna Dnve 1><'" Re"io 10 Planlllng Comn"'slOn Re,olllllOn No 06-17 MlIIgaled Negalll'e DeclaratIOn 06-1 400 Martna O"ve Pro/ecl Aprtl 5, 2006 anticipated to occur. Prior to distrIbution, the notice shall be revicwcd and approved by the Dircctor of Development Scrvices. N-2 To reduce construction-relatcd noise impacts, construction shall be hmited to periods of reduced noise sensitivIty and thus reduce sleep disturbance and other nOIse nuisance potential. Pursuant to the City's NOise Ordinance, the construction contractor shall ensure that general construction activitIes (which includes construction vehicle staging and Idling engines) be conducted only between the hours of 7 00 a.m, and 8:00 p m. on wcekdays, between 8 00 a.m. and 8:00 p m. on Saturday, and do not take place at any tIme on Sunday or local, State, or Federal holidays. N-3 Prior to Building/Grading Permit issuance, the Buildmg/Grading Plans shall bc reviewed and approvcd by the Planning Department to ensure compliancc with the following: o All construction equipment, fixed or mobile, shall be eqUipped with properly operatmg and maintamed muffiers, to the satisfaction of the BuIlding Official; o During constructIOn, stationary constructIon equipment shall be placed such that emitted noisc is directed away from sensitive nOIse receptors. to the satisfaction of the Building OffiCial; and o During construction and to the satisfaction of the Building Official, stockpIling and vehicle staging areas shall be located as far as practical from noisc sensitive receptors N-4 All construction-related noiscs will cease upon completion of the proJect. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof hcld on the 5th day of Apnl , 2006, by the following vote: AYES: Commissioners DEATON, LADNER, O'MALLEY, ROBERTS, AND SHANKS NOES. CommissIOners ABSENT' Commissioners ABSTAIN: Commissioners MND 06-1 4()() Mannd Drive PC Rcso 11 ~ Whittenberg. Secretary - lanning Commission MND 06-1400 M.mna Dn\'c PC Reo;o Planlllng COIllIIIlSSIOII ResolutlOl1 No 06-17 MlI1gated Negallve Declarallon 06-1 400 Marma Drn,e 1', olea April 5, 2006 ~4~ Chairman Plarming Commission 12