RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING PROPOSED
CONDITIONAL USE PERMIT NO. 2021-06097
(DEV2020-00248)
(1661-1673 WEST BROADWAY)
WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for Conditional Use Permit No. 2021-06097 to permit the construction of a residential development consisting of 34 single-family residential units with modified development standards, i.e., a reduction in the building to building setbacks, interior structural and landscape setbacks, and street setbacks of the "RM-3.5" Multiple-Family Residential zone, on that certain real property located at 1661-1673 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2021-06097 is proposed in conjunction with (i) General Plan Amendment 2021-00536 to change the land use designation from “Office – Low” to “Mid Density Residential,” (ii) Reclassification No. 2021-00336 to reclassify the property from “C-G” General Commercial zone to “RM-3.5” Multiple-Family Residential zone, (iii) Tentative Tract Map No. 19141 to permit a 1-lot, 34 unit attached single-family residential subdivision of the Property for condominium purposes, and (iv) approval of a Development Agreement to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Tentative Tract Map No. 19141 and Conditional Use Permit No. 2021-06097 for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs. General Plan Amendment No. 2021-00536, Reclassification No. 2021-00336, Conditional Use Permit No. 2021-06097, Tentative Tract Map No. 19141, and the Development Agreement, shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, a single-family attached residential development within the "RM-3.5" Multiple-Family Residential zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.030 (Uses). Pursuant to Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.06.0090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2021-06097 will permit the reduction in minimum building to building setbacks, interior structural and landscape setbacks, and street setbacks of the "RM-3.5" Multiple-Family Residential zone; and
WHEREAS, the Property is approximately 1.55 acres in size, and is currently developer with commercial office buildings. The project site is located in the “C-G” General Commercial zone, and is designated for Office – Low land uses by the General Plan; and - 2 -
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, a draft Initial Study in support of a Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's CEQA Procedures to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on May 5, 2022, and was also made available for review on the City’s web page, with hard copies available at City Hall and the Anaheim Public Library, and it was uploaded digitally with the Office of Planning and Research’s CEQAnet database; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMRP No. 381"); and
WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on July 6, 2022 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by motion, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures contained in MMRP No. 381, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMRP No. 381; and
WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission, by motion, recommended that the City Council approve Conditional Use Permit No. 2021-06097, in the form presented at the meeting at - 3 -
which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving General Plan Amendment No 2021-00536; (2) an ordinance approving and adopting Reclassification No. 2021-00336; (3) a resolution approving Tentative Tract Map No. 19141; and (4) an ordinance approving a development agreement (DEV2020-00248); and
WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the ___ day of _____, 2022, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and
WHEREAS, pursuant to Subsection .030 (Modifications of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2021-06097:
1. The uses within the project are compatible with the surrounding land uses.
2. New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area. The proposed buildings are single-family attached, three-story residential project at a density and scale that is compatible with the surrounding multiple-family residential, commercial, and community and religious assembly uses in the vicinity.
3. Vehicular and pedestrian access are adequate because the project entry has been designed in accordance with City standards.
4. The Project is consistent with any adopted design guidelines applicable to the Property because the project has been designed to include quality architecture, sound attenuation, common recreational areas, and sufficient building setback buffers from the existing surrounding uses.
5. The size and shape of the site proposed for the Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area because the project has been designed to include Code compliant parking and recreational areas, sufficient building setbacks from the surrounding townhome community, and new pedestrian paths within the neighborhood.
6. The traffic generated by the project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the Project and infrastructure has been designed to sufficiently accommodate traffic generated by the project. - 4 -
7. The Project will comply with the General Plan and zoning for the property because the project will provide for the development of a quality single-family attached living environment with design amenities, such as private open space or common recreation areas. The permitted density range under the Mid density residential designation is from zero to 27 dwelling units per gross acre. The proposed project will have a density of 21.9 dwelling units per acre.
8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it.
BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the City Council does hereby approve and adopt Conditional Use Permit No. 2021-06097, contingent upon and subject to: (1) adoption of a resolution approving General Plan Amendment No. 2021-00536; (2) the adoption by the City Council of an ordinance approving and adopting Reclassification No. 2021-00336; (3) adoption of a resolution approving Tentative Tract Map No. 19141; and (4) adoption of an ordinance approving the Development Agreement, all of which entitlements are now pending; and the mitigation measures set forth in MMRP 381, and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 5 -
BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this ____ day of ______________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
MAYOR PRO TEM OF THE CITY OF
ANAHEIM
ATTEST:
______________________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2021-06097
(DEV2020-00248)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1 The owner/developer shall prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition.
Public Works
Department,
Development Services
Division
2 The owner/developer shall prepare and submit a final drainage/hydrology study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities.
Public Works
Department,
Development Services
Division
3 The owner/developer shall execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to a City storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits.
Public Works
Department,
Development Services
Division
4 The owner/developer shall ensure that all required plans and studies shall be prepared by a Registered Professional Engineer in State of California.
Public Works
Department,
Development Services
Division
5 The owner/developer shall obtain the required coverage under California’s General Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number.
Public Works
Department,
Development Services
Division
6 The owner/developer shall submit Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use Public Works
Department,
Development Services
Division
- 8 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
of the proposed project that could affect the quality of the storm water runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 7 The owner/developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project.
Public Utilities Water
Engineering
8 MM BIO-1: Protection of Active Bird Nests (includes pre-construction survey and implementation of avoidance buffer, if found).
1. The removal of trees and vegetation shall be avoided during the nesting season (generally February 1 to August 31), if feasible. If avoidance of tree and vegetation removal during the nesting season is infeasible, then the following measures shall be required:
a. If ground-disturbing or vegetation-removing construction activities occur during the nesting season (February 1 to August 31), pre-construction surveys shall be conducted by a qualified Biologist within 72 hours prior to scheduled tree removal, to determine whether or not active nests are
present in the construction zone.
b. If an active nest is located during pre-construction surveys, a qualified Biologist shall determine an appropriately sized avoidance buffer based on the species and anticipated
disturbance level. A qualified Biologist shall delineate the avoidance buffer using Environmentally Sensitive Area
fencing, pin flags, and or yellow caution tape. The buffer zone shall be maintained around the active nest site(s) until the young have fledged and are foraging independently. No construction activities or construction foot traffic is allowed to occur within the avoidance buffer(s).
The qualified Biologist shall monitor the active nest during construction activities to prevent any potential impacts that may result from the construction of the proposed project, until the young have fledged.
Planning and Building
Department,
Planning Services
Division
9 MM CUL-1: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for Archaeology shall perform an inspection of the site for potential archaeological resources once grubbing, ground clearing, and demolition are complete, and prior to any grading or project-related ground disturbance. In the event exposed soils indicate cultural materials may be present, this may be followed by regular or periodic archaeological monitoring as determined by the Archaeologist, but full-time archaeological monitoring is not required at Planning and Building
Department,
Planning Services
Division
- 9 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
this time.
It is always possible that ground-disturbing activities during construction may uncover previously unknown, buried cultural resources. In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified Archaeologist shall make recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area should be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria.
If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the Archaeological Monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study.
10 MM TCR-1: Retention of a Native American Monitor Prior to Commencement of Ground-Disturbing Activities
Prior to the commencement of any grading and/or construction activity, the owner/developer shall coordinate with the Gabrieleño Band of Mission Indians–Kizh Nation Native American tribe in retention of a Native American Monitor (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal Monitor shall only be present on-site during the construction phases that involve ground-disturbing activities within Planning and Building
Department,
Planning Services
Division
- 10 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
undisturbed native sediments. Ground-disturbing activities may include, but are not limited to, demolition of existing structures, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitor shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and Monitor have indicated that the project site has a low potential for impacting archaeological or Tribal Cultural Resources (TCRs). 11 MM TCR-4: Prior to the commencement of any grading and/or construction activity, the owner/developer shall retain a Native American Monitor (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal Monitor shall only be present on-site during the construction phases that involve ground-disturbing activities within undisturbed native sediments. Ground-disturbing activities may include, but are not limited to, demolition of existing structures, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitor shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and Tribal Monitor have indicated that the project site has a low potential for impacting archaeological or Tribal Cultural Resources (TCRs).
Upon discovery of any archaeological or TCRs, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or TCRs unearthed by project construction activities shall be evaluated by the qualified Archaeologist and Tribal Monitor. If the resources are Native American in origin, the Tribal Representative shall coordinate with the owner/developer regarding treatment and curation of these resources. Typically, the Tribe shall request reburial or preservation for educational purposes. Work may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines SS 15064.5(f)). If a resource is determined by the qualified Archaeologist to constitute a “historical resource” or “unique archaeological resource,” time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for Planning and Building
Department,
Planning Services
Division
- 11 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
In the event that human remains are uncovered during ground-disturbing activities, the project developer shall cease ground-disturbing activities and contact the County Coroner, Tribal Monitor, and Archaeologist to inform of the discovery. The project developer shall coordinate and consult with the County Coroner, Tribal Monitor, and Archaeologist for advisory on the matter, protocol, and any applicable mitigating requirements. Additionally, If the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as the Native American Heritage Commission (NAHC) shall be contacted by the project developer to determine proper treatment and disposition of the remains. To protect the area in which the Native American human remains are present, development activity 12 MM GEO-1: The owner/developer would be required to implement the recommendations provided on Page 14 through Page 32 in the Geotechnical Investigation prepared by Alta California Geotechnical, Inc. (Alta), on January 4, 2021. The Geotechnical recommendations that are explained in detail on Page 14 through Page 32 of the Geotechnical Investigation shall be implemented. These include general earthwork requirements for site preparation, removal of unsuitable soils, over- excavation of building pads, compaction standards, groundwater and seepage, documentation, treatment of removal bottoms, fill placement, moisture content, mixing, import soils, utility trenches, back-cut stability, storm water infiltration systems, and boundary conditions. Additionally, these include requirements related to structural design, foundation design, foundation systems, slabs, moisture barriers, seismic design, walls, footing excavations, slabs and walkways, concrete design, corrosion, pavement design, as well as lot maintenance, and future plan reviews. The Geotechnical Investigation included in Appendix D is incorporated herein by reference as fully set forth in this mitigation measure.
Public Works
Department,
Development Services
Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS
13 Curbs adjacent to the drive aisles shall be painted red by the owner/developer to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans.
Public Works
Department,
Traffic Engineering
Division
14 Prior to the issuance of a building permit, the owner/developer shall submit draft Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the City Engineer, Planning Director, and City Attorney, which will generally provide for the following:
a. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff.
c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid.
d. A provision that the City is a third-party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking.
Public Works
Department,
Traffic Engineering
Division
15 A private water system with separate water service for fire protection and domestic water shall be provided by the owner/developer and shown on plans submitted by the owner/developer to the Water Engineering Division of the Anaheim Public Utilities Department.
Public Utilities
Department,
Water Engineering
Division
16 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- 537.5) as amended by Senate Bill 7, water submetering shall be furnished and installed by the owner/developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project.
Public Utilities
Department,
Water Engineering
Division
17 All backflow equipment shall be located above ground by the owner/developer in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Public Utilities
Department,
Water Engineering
Division
- 13 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Inspector.
18 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated by the owner/developer and permitted through Water Engineering Division of the Anaheim Public Utilities Department.
Public Utilities
Department,
Water Engineering
Division
19 The owner/developer shall ensure all existing water services and fire services shall conform to current Water Services Standards Specifications.
Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
Public Utilities
Department,
Water Engineering
Division
20 The owner/developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic aboveground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the owner/developer to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project.
Public Utilities
Department,
Water Engineering
Division
21 The owner/developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations.
Public Utilities
Department,
Water Engineering
Division
22 Water improvement plans shall be submitted by the owner/developer to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim.
Public Utilities
Department,
Water Engineering
Division
23 Individual water service and/or fire line connections shall be provided by the owner/developer for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations.
Public Utilities
Department,
Water Engineering
Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
24 The owner/developer shall record Tract Map No. 19141 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a PDF copy of the recorded map to the City Engineer’s office.
Public Works
Department,
Development Services
Division
25 The owner/developer shall provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan.
Public Works
Department,
Development Services
Division
26 The owner/developer shall design per City Standards full improvements for all impacted public streets/facilities in accordance with City Code, Standards and Specifications. Such improvements shall include, but not be limited to the following: driveways closures with new curb and gutter and sidewalk, commercial driveway approach, parkway landscaping with irrigation along Broadway, storm drain lateral connection and manhole, sewer lateral connection.
Public Works
Department,
Development Services
Division
27 A Right of Way Construction Permit shall be obtained by the owner/developer from the Development Services Division for all work performed in the public right-of-way.
Public Works
Department,
Development Services
Division
28 The owner/developer shall ensure all Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881).
Public Works
Department,
Development Services
Division
29 The owner/developer shall submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report needs to include a site plan showing the compaction testing locations.
Public Works
Department,
Development Services
Division
30 The owner/developer shall pay cash in lieu fee for the construction of the required ultimate public improvements along the project frontage of Broadway per City Std. No. 160-A with Class II Bike Lane. The improvements include but not limited to the following items: street widening, new pavement section, utilities relocation, concrete curb & gutter, landscaped parkway with irrigation, driveway approach, street light, and other appurtenances. An exhibit and cost estimate shall be submitted to Public Works, Development Services to determine the cash in lieu fee amount for review and approval.
Public Utilities
Department,
Water Engineering
Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
31 Prior to the issuance of a building permit, the owner/developer shall submit draft Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the City Engineer, Planning Director, and City Attorney, which will generally provide for the following:
1. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles.
2. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff.
3. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid.
4. A provision that the City is a third-party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking.
Planning and Building
Department,
Planning Services
Division
32 MM HAZ-1: The owner/developer shall conduct a comprehensive, pre- demolition asbestos-containing materials (ACM) survey in accordance with the sampling protocol of the Asbestos Hazard Emergency Response Act (AHERA) prior to any activities with the potential to disturb building materials, in order to determine whether ACMs are present. The owner/developer shall submit the ACM survey to the City prior to issuance of a demolition permit. In the event that ACMs are detected, the proper removal and disposal, consistent with existing regulations, of the building materials would occur prior to any activities with the potential to disturb them.
Planning and Building
Department
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
33 All public improvements shall be constructed by the owner/developer, inspected and accepted by Construction Services prior to final building and zoning inspection. Damages to existing public improvements due to utility installation shall be removed and reconstructed in accordance with City standards and specifications.
Public Works
Department,
Development Services
Division
34 All remaining fees/deposits required by Public Works department must be paid in full by the owner/developer.
Public Works
Department,
Development Services
Division
- 16 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
35 The owner/developer shall set all Monuments in accordance with the final map and submit all centerline ties to Public Works Department. Any monuments damaged as a result of construction shall be reset to the satisfaction of the City Engineer.
Public Works
Department,
Development Services
Division
36 The owner/developer shall record Drawings and As-Built Plans shall be submitted for review and approval to the Department of Public Works, Development Services.
Public Works
Department,
Development Services
Division
37 Prior to final building and zoning inspection, the owner/developer shall execute and record with the Orange County Recorder an unsubordinated declaration of Covenants Conditions and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer, Planning Director, and City Attorney, which restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, an amendment to the CC&R’s approved by the City Engineer, Planning Director and the City Attorney's office shall be recorded. Gates, if any, shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer.
Public Works
Department,
Traffic Engineering
Division
38 The owner/developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements.
Public Utilities,
Water Engineering
ON-GOING DURING CONSTRUCTION ACTIVITIES
39 MM CUL-2: In the event of an accidental discovery or recognition of any human remains, Public Resources Code Section 5097.98 must be followed.
In this instance, once project-related earthmoving begins and if there is accidental discovery or recognition of any human remains, the following steps shall be taken:
1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” of the deceased Native American. The Most Likely Descendant (MLD) may make recommendations to the landowner Planning and Building
Department,
Planning Services
Division
- 17 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resources Section 5097.98, or
2. Where the following conditions occur, the landowner or his/her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance:
The NAHC is unable to identify a MLD or the MLD
failed to make a recommendation within 48 hours after
being notified by the commission.
The descendant identified fails to make a
recommendation.
The landowner or his authorized representative rejects the recommendation of the descendant, and the
mediation by the NAHC fails to provide measures
acceptable to the landowner.
40 MM TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects
Upon discovery of any archaeological or Tribal Cultural Resources (TCRs), construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or TCRs unearthed by project construction activities shall be evaluated by the qualified Archaeologist and Tribal Monitor. If the resources are Native American in origin, the Tribal Representative shall coordinate with the owner/developer regarding treatment and curation of these resources.
Typically, the Tribe shall request reburial or preservation for educational purposes. Work may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines § 15064.5(f)). If a resource is determined by the qualified Archaeologist to constitute a “historical resource” or “unique archaeological resource,” time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Section Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic Planning and Building
Department,
Planning Services
Division
- 18 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.
41 MM TCR-3: Procedures for Burials and Funerary Remains In the event that human remains are uncovered during ground-disturbing activities, the owner/developer shall cease ground-disturbing activities and contact the County Coroner, Tribal Monitor, and Archaeologist to inform of the discovery. The owner/developer shall coordinate and consult with the County Coroner, Tribal Monitor and Archaeologist for advisory on the matter, protocol, and any applicable mitigating requirements. Additionally, if the remains are determined to be of Native American origin, the Most Likely Descendant (MLD), as the Native American Heritage Commission (NAHC) shall be contacted by the owner/developer to determine proper treatment and disposition of the remains. To protect the area in which the Native American human remains are present, development activity shall cease until consultation with the MLD is complete regarding recommendations pursuant to Public Resources Section 5097.98.
Discovery of human remains shall also follow CEQA Guidelines Section 15064.5; Public Resources Section 7050.5 and Public Resources Section 5097.98.
Planning and Building
Department,
Planning Services
Division
42 MM GEO-2: If it is determined that fossil-bearing sediments are present on-site, a qualified Monitor shall be required to be present during any ground-disturbing activities during the project. In the event that fossils or fossil-bearing deposits are discovered during construction activities, excavations within a 100-foot radius of the find shall be temporarily halted or diverted, and the owner/developer shall retain a qualified Paleontologist to examine the discovery. The Paleontologist shall document the discovery in accordance with Society of Vertebrate Paleontology standards. The Paleontologist shall determine procedures that would be followed before construction activities are allowed to resume at the location of the find. If the owner/developer determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan for mitigating the effect of construction activities on the discovery. The plan shall be submitted to the City of Anaheim for review and approval prior to implementation, and the owner/developer shall adhere to the recommendations in the plan.
Planning and Building
Department,
Planning Services
Division
- 19 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
ON-GOING DURING OPERATIONS
43 All new landscaping shall be installed by the owner/developer in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity.
Landscaping shall be replaced by the applicant in a timely manner in the event that it is removed, damaged, diseased and/or dead.
Planning and Building
Department,
Planning Services
Division
44 The owner/developer shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds.
Public Utilities,
Water Engineering
GENERAL
45 The following minimum horizontal clearances shall be maintained by the owner/developer between proposed water main and other facilities:
a. 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals
b. 5-feet minimum separation from all other utilities, including storm drains, gas, and electric
c. 6-feet minimum separation from curb face
d. 10-feet minimum separation from structures, footings, and trees.
The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.):
a. 10 feet from structures, footings, walls, storm water BMPs, power poles, streetlights, and trees.
b. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities.
Public Utilities,
Water Engineering
46 No public water main or public water facilities shall be installed by the owner/developer in private alleys or paseo areas.
Public Utilities,
Water Engineering
47 No public water mains or laterals allowed by the owner/developer under parking stalls or parking lots.
Public Utilities,
Water Engineering
- 20 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
48 The owner/developer shall ensure all fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals.
Public Utilities,
Water Engineering
49 Conditions of approval related to each of the timing milestones above shall be prominently displayed by the owner/developer on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc.
Planning and Building
Department,
Planning Services
Division
50 The owner/developer shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding.
Planning and Building
Department,
Planning Services
Division
51 The owner/developer shall ensure the following:
Addressing:
a. Each individual building and unit should be clearly marked with its appropriate building number and address. These should be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12” and illuminated during the hours of darkness.
b. Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness.
c. Rooftop address numbers for the police helicopter. Minimum size 4’ in height and 2’ in width. The lines of the numbers are to be a minimum of 6” thick. Numbers should be spaced 12” to 18” apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level.
Police Department
- 21 -
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
52 The owner/developer shall ensure the following:
Doors:
a. All exterior doors to have adequate security hardware, e.g. deadbolt locks.
b. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece.
c. Wide-angle peepholes or other viewing device should be designed into all dwelling-unit front doors and all solid doors where exterior visibility is compromised.
Police Department
53 The owner/developer shall ensure the following:
Lighting:
a. Monument signs and addresses shall be well lighted during hours of darkness.
b. Adequate lighting of parking lots and associated carports, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site.
Police Department
54 The owner/developer shall ensure the following:
Landscaping:
a. Landscaping shall be of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows.
Shrubbery or ground cover should not generally exceed three feet in height and tree branches should not descend below six feet from the ground.
b. Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult.
Police Department