RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING PROPOSED
CONDITIONAL USE PERMIT
(DEV2021-00123)
(1200-1320 SOUTH ANAHEIM BOULEVARD,
200 EAST BALL ROAD, AND 1207 SOUTH CLAUDINA STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021-00123), to construct 223 residential units and 4,586 square feet of commercial space, with 10-percent of the units affordable to moderate income buyers, a housing incentive to allow a reduced parking ratio (the "Proposed Project"), for that certain real property located at 1200 - 1320 South Anaheim Boulevard, 200 E.
Ball Road, and 1207 S. Claudina Street 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, the Conditional Use Permit is proposed in conjunction with (i) General Plan Amendment to change the land use designation from “General Commercial” to “Mixed-Use Mid Density Residential,” (ii) Reclassification to reclassify the property to apply the “Mixed-Use (MU) Overlay” zone, (iii) Tentative Tract Map No. 19140 to permit a 1-lot, 223 unit residential subdivision of the Property for condominium purposes, and (iv) Minor Conditional Use Permit to allow a coordinated sign program and installation of murals throughout the site.; and WHEREAS, the Anaheim Municipal Code (“Code”) requires a conditional use permit for mixed-used developments within the "Mixed-Use (MU) Overlay" zone, subject to the approval by the Planning Commission pursuant to Subsection .120 of Section 18.32.030 (Uses). If approved, the Conditional Use Permit will permit the development of 187 units in an attached single-family design and 36 units in a vertical pattern with 2 commercial tenant spaces of the "Mixed-Use (MU) Overlay”; and
WHEREAS, the Property is approximately 8.3 acres in size, and is currently developed with commercial and office buildings. The project site is located in the “C-G” General Commercial zone and South Anaheim Boulevard Corridor “SABC” Overlay zone, and is designated for General Commercial land uses by the General Plan; and
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on October 10, 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 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and Mitigated Negative Declaration, and to investigate and make findings and recommendations in connection therewith; and
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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 said Conditional Use Permit, in the form presented at the meeting at 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; (2) an ordinance approving and adopting Reclassification; (3) a resolution approving Tentative Tract Map No. 19140; and (4) a resolution approving Minor Conditional Use Permit; and WHEREAS, upon receipt of Planning Commission recommendation the City Council did fix the 1st day of November, 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 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, by Resolution No. 2022-____, considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council found and determined that (i) the Mitigated Negative Declaration was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA Procedures; and (ii) the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 384 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2022-085.
WHEREAS, pursuant to Subsection .060 (Findings) of Section 18.66 (Conditional Use Permit), 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 said Conditional Use Permit:
1. That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .020 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority). The project includes uses that are permitted within the General Commercial and Mixed-Use (MU) Overlay zones by approval of a Conditional Use Permit.
2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. The project is consistent with -3-
other residential and commercial uses in the near vicinity, and similar to other projects in the area with a similar scope.
3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety. The property size is adequate to develop the number of residential units being proposed and provide adequate circulation so as not be detrimental to the health and safety of the residents and visitors in the area
4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. The anticipated traffic created by the development has been screened by the responsible city agencies and determined it will not impose an undue burden on the existing streets and nearby highways
5. That the granting of the Minor Conditional Use Permit or Conditional Use Permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The proposed project will not be detrimental to the overall health, safety, and general welfare of the citizens of the City of Anaheim. The site is designed and capable of receiving all city and county services with adequate circulation and access to and from the site; 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 negate 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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the City Council does hereby approve and adopt Conditional Use Permit, contingent upon and subject to: (1) adoption of a resolution approving General Plan Amendment; (2) the adoption by the City Council of an ordinance approving and adopting Reclassification; (3) adoption of a resolution approving Tentative Tract Map No. 19140; and (4) adoption of a resolution approving Minor Conditional Use Permit; and all of which entitlements are now pending; the mitigation measures set forth in MMP No. 384, 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. -4-
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (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.
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 1st day of November, 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
EXHIBIT “B”
CONDITIONAL USE PERMIT
(DEV2021-00123)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1 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
2 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,
Development Services
Division
3 Prepare and submit a final drainage 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,
Development Services
Division
4 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,
Development Services
Division
5 All required plans and studies shall be prepared by a Registered Professional Engineer.
Public Works,
Development Services
Division
6 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,
Development Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
7 The owner/developer shall prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request.
Public Works,
Development Services
Division
8 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 of the proposed project that could affect the quality of the stormwater 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.
Public Works,
Development Services
Division
9 Submit a Preliminary Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall address any proposed infiltration features of the WQMP.
Public Works,
Development Services
Division
10 Owner/developer shall submit a copy of the approved permit and/or other form of approval of the project from the following agency: Caltrans.
Public Works,
Development Services
Division
11 MM AQ-1: Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the Owner/Developer and/or construction contractor shall provide the City with documentation demonstrating that all off-road equipment with engines greater than 50 horsepower used during project construction meet or exceed the United States Environmental Protection Agency (EPA) or California Air Resources Board (ARB) Tier 4 Interim off-road emission standards. The construction contractor shall maintain records concerning its efforts to comply with this requirement during construction, including equipment lists. Off-road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number.
Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
12 MM TCR-1: Prior to the commencement of any grading and/or construction activity, the Owner/Developer shall coordinate with the Juaneño Band of Mission Indians Acjachemen Nation Native American tribe and the Gabrieleño Band of Mission Indians – Kizh Nation Native American tribe in retention of Native American Monitors (Tribal Monitors) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal Monitors shall only be present on-site during the construction phases that involve ground-disturbing activities within disturbed and undisturbed sediments.
Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitors 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 monitors have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources.
Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Tribal monitors. 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 Tribes will 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 Section 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, shall be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC 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 shall 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 Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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 Owner/Developer shall cease ground disturbing activities and contact the County coroner, Tribal Monitors, and archaeologist to inform of the discovery. The Owner/Developer shall coordinate and consult with the county coroner, Tribal Monitors 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 descendent (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 PRC Section 5097.98. Discovery of human remains shall also follow CEQA Guidelines Section 15064.5; PRC Section 7050.5 and PRC Section 5097.98.
13 MM GEO-1: The Owner/Developer shall implement the recommendations provided in Section 5, Preliminary Recommendations, and Section 6, Design Considerations, in the Geotechnical Feasibility Report prepared by Alta California Geotechnical Inc. These include general earthwork requirements for site preparation, soil removal, fill material, grading, foundation, design, and all relevant construction permits, as well as requirements related to structural design and pavement design. The Geotechnical Feasibility Report that is included in Appendix D is incorporated herein by reference as fully set forth in this mitigation measure.
Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
14 MM GHG-1: Prior to the issuance of any certificate of occupancy for the proposed project, the Owner/Developer shall provide the City with documentation, to the City’s satisfaction, that demonstrates the proposed project would achieve GHG emission reductions equivalent to no less than 812 metric tons (MT) of carbon dioxide equivalent (CO2e) per year for 30 years, or 24,360 MT CO2e total, based on current estimates of the proposed project’s annual GHG emissions inventory contained in this analysis. GHG emission reductions may be achieved through any combination of the following measures or other measures approved by the City:
Commit to purchasing 100-percent renewable electricity. Install on-site solar panels that provide electricity beyond the minimum requirements according to the current version of Title
24. Install solar water heaters or other renewable energy technologies. Install solar on-site charging infrastructure consistent with the Tier 2 standards contained in CALGreen Section A4.106.6.8.
Design and construct all residences to be all-electric, precluding the installation of natural gas plumbing for space and water heating and appliance operation.
Purchase of voluntary carbon credits from a verified GHG emissions credit broker in an account sufficient to offset GHG emissions of no less than 812 MT CO2e per year for 30 years, or 24,360 MT CO2e total.
Should the Owner/Developer elect to purchase carbon credits, all purchased carbon credits shall be pursuant to the following performance standards and requirements: (i) the carbon credits shall achieve real, permanent, quantifiable, verifiable, enforceable, and additional reductions as set forth in California Health and Safety Code Sections 38562(d)(1) and (d)(2). Such credits shall be based on protocols consistent with the criteria set forth by Section 95972, subdivision (a), of Title 17 of the California Code of Regulations, as determined by an expert qualified to make such a determination, and shall not include credits originating outside of California, except to the extent that the quality of the credits, and their sufficiency under the standards set forth herein, can be verified by an expert qualified to make such a determination. In no event shall credits from outside the United States be used. Carbon credits must be purchased through one of the following: (i) a California Air Resources Board (ARB) approved registry, such as the Climate Action Reserve, the American Carbon Registry, or Verra (formerly known as the Verified Carbon Standard); and (ii) any registry approved by the ARB to act as a Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
registry under the California Cap-and-Trade Program; or (iii) the California Air Pollution Control Officers Association’s (CAPCOA) Greenhouse Gas Reduction Exchange (GHG Rx) or any program adopted or approved by the South Coast Air Quality Management District (SCAQMD).
As an alternative to purchasing carbon credits, the Owner/Developer may elect to contribute to carbon offsets through a local or regional program or institution in an amount sufficient to offset the proposed project’s GHG emissions by the previously identified amounts. Contributions to a local or regional program or institution may include, but are not limited to, funding for renewable energy infrastructure or technologies beyond what would otherwise be required for compliance with existing laws and regulations.
Carbon offsets, expressed in an amount of MT CO2e per year, realized due to contributions made by the Owner/Developer for this purpose shall reduce the required MT CO2e reductions contained in this mitigation by an equal amount and be pursuant to the following performance standards and requirements: (i) the carbon offsets shall achieve real, permanent, quantifiable, verifiable, and enforceable reductions as set forth in California Health and Safety Code Sections 38562(d)(1) and (d)(2); and (ii) one carbon offset shall mean the past reduction or sequestration of one MT CO2e that is “not otherwise required” (CEQA Guidelines § 15126.4(c)(3)). 15 MM HAZ-1: Prior issuance of a grading permit, a limited subsurface investigation shall be conducted in order to determine the presence or absence of soil, soil vapor, and/or groundwater contamination due to the historical use of the subject property in connection with underground storage tanks (USTs) on the project site. A Health Risk Assessment or similar shall be prepared by Owner/Developer summarizing investigation findings. If contamination is present, the Owner/Developer shall request oversight from the Department of Toxic Substances Control (DTSC), the Regional Water Quality Control Board (RWQCB) and/or the Orange County Health Care Agency (OCHCA), as applicable, and comply with all requirements to remove and/or remediate contamination to appropriate levels prior to issuance of grading plan for the proposed project with any required operational controls included on construction plans.
Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
16 MM HAZ-2: Prior to issuance of a grading permit, the in-ground hydraulic lift located at 1200 South Anaheim Boulevard shall be properly removed from the project site, and confirmatory sampling shall be required to determine the current conditions of soil and groundwater due to the use of current and former hydraulic lifts at the project site. A Health Risk Assessment or similar shall be prepared by Owner/Developer summarizing investigation findings. If contamination is present, the Owner/Developer shall request oversight from DTSC, RWQCB and/or OCHCA, as applicable, and comply with all requirements to remove and/or remediate contamination prior to issuance of a grading permit.
Planning and Building
Department,
Planning Services
Division
17 MM HAZ-3: Prior to issuance of a demolition permit, 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) and SCAQMD Rule 1403 (Asbestos Emissions from Demolition / Renovation Activities) prior to any activities with the potential to disturb building materials, in order to determine whether ACMs are present. In the event that ACMs are detected, the proper removal and disposal, consistent with existing regulations, of the building materials shall occur prior to any activities with the potential to disturb them.
Planning and Building
Department,
Planning Services
Division
18 MM NOI-1: Prior to issuance of grading and/or building permits, a note shall be provided on grading and building plans indicating that, during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related vibration impacts: Vibratory rollers shall maintain a setback of and not be utilized within a distance of at least 30 feet from the commercial warehouse building located at 1303 South Claudina Street. Site shall be staked or otherwise marked to clearly delineate area in which vibratory rollers cannot be used to compact soils during grading and asphalt during paving.
Planning and Building
Department,
Planning Services
Division
19 MM UTL-1: A proposed residential development, Midway Apartments, is anticipated to address the recommended diversion improvements at the Harbor Boulevard and Katella Avenue intersection to alleviate these capacity deficient sewer segments. However, if the diversion at Harbor and Katella is not fully constructed and operational, prior to issuance of first the Building Permit for the proposed project, the Owner/Developer shall construct the diversion and make it operational.
Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS
20 Final design and material selection for the building elevations shall be reviewed and approved by the Economic Development Department to ensure quality, variation of materials and consistency with the design intent of the approved plans. The applicant shall submit for review and approval a color and material board including all exterior treatments, roof materials, stucco, plaster, stone veneer, and other finishes.
Housing and
Community
Development
Department,
Economic
Development
Department
21 Building accent lighting plans with light fixture details shall be submitted and approved by the Economic Development Department. The lighting plan shall also include up-lighting, down-lighting, all electrical lighting fixtures, and proposed spot-lights used for the large specimen trees along Ball Road, Anaheim Boulevard, and the main vehicle access points.
Housing and
Community
Development
Department,
Economic
Development
Department
22 The final design and material section of the architectural treatment of the pool amenity building shall be reviewed and approved by the Economic Development Department to ensure consistency with the overall project design.
Housing and
Community
Development
Department,
Economic
Development
Department
23 The architectural and landscape architectural design of the common court screening along Anaheim Boulevard shall be reviewed and approved by the Economic Development Department to ensure quality, material variation, and consistency with the design intent of the approved plans.
Housing and
Community
Development
Department,
Economic
Development
Department
24 Commercial tenant spaces shall be designed with ventilation systems to accommodate potential food-related uses
Housing and
Community
Development
Department,
Economic
Development
Department
25 All hardscape materials in the common areas, plazas, amenity spaces, and common court drive aisles, interior sidewalks, and interior crosswalks shall be reviewed and approved by the Economic Development Department. The use of porous hardscape materials is recommended to avoid drainage concerns.
Housing and
Community
Development
Department,
Economic
Development
Department
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
26 All glass balconies shall be designed with a view-obscuring and opaque glass material, and shall be reviewed and approved by the Economic Development Department.
Housing and
Community
Development
Department,
Economic
Development
Department
27 All drainage downspouts shall be located within the building footprint or of a decorative nature and finish and shall be reviewed by the Economic Development Department.
Housing and
Community
Development
Department,
Economic
Development
Department
28 Project landscape plans shall be reviewed and approved to ensure the quality and size of selected plant materials at time of planting. Minimum box and/or gallon size of specimen trees, accent trees, shrubs, and ground covers at the time of planting shall be reviewed and approved by the Economic Development Department. Ground cover shall be a minimum of 1-gallon size specimens, all shrubs and plants shall be a minimum of 5- gallon size specimens at a separation of 20-inches on center to avoid large voids between plant materials. All trees shall be of a minimum 36-inch box size. Mulch ground cover shall be installed upon the installation of all plants.
Housing and
Community
Development
Department,
Economic
Development
Department
29 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
Water Engineering
30 All backflow equipment shall be located above ground outside of the street setback area 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 Inspector.
Public Utilities
Water Engineering
31 All requests for new water services, backflow equipment, or fire lines, as Public Utilities NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department.
Water Engineering
32 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
Water Engineering
33 The owner/developer shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground 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 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
Water Engineering
34 The owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements.
Public Utilities
Water Engineering
35 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
Water Engineering
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
36 Water improvement plans shall be submitted 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
Water Engineering
37 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules, and Regulations.
Public Utilities
Water Engineering
38 If the sewer diversion at Harbor Boulevard and Katella Avenue, as described in the projects sewer study is not fully constructed and operational, the developer shall construct said diversion and make it operational.
Public Works
Department,
Development Services
Division
39 Record Tract Map No. 19140 pursuant to the Subdivision Map Act and in accordance with City Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office.
Public Works
Department,
Development Services
Division
40 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
41 The property owner shall irrevocably offer to dedicate to the City of Anaheim the following easements:
7 ft. in width on Ball Road and Anaheim Boulevard
Corner cutback at Ball Road/Claudina Street
Public Works
Department,
Development Services
Division
42 Design per City Standards full improvements for all impacted and interior streets/facilities in accordance with City Code, Standards and Specifications. Such improvements may include, but not be limited to the following: curb, curb and gutter, landscape parkway, irrigation, sidewalk adjacent to ultimate right of way, curb ramps relocation of utilities, asphalt repair, utility trenching
Public Works
Department,
Development Services
Division
43 A 15-inch sewer main is available for connection by this project in Ball Road and an 8-inch sewer main along Anaheim Boulevard.
Public Works
Department,
Development Services
Division
44 A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right- of-way.
Public Works
Department,
Development Services
Division
45 All Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance complies with the State of California Model Water Efficient Landscape Ordinance (AV 1881).
Public Works
Department,
Development Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
46 Street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans shall include the installation of traffic signal at Anaheim Blvd and Plaza Alley, turn pockets on Anaheim Boulevard and any other improvements as identified in the Final Traffic Impact Study and Final Site Plan. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection.
Public Works
Department,
Traffic Engineering
Division
47 A bond shall be posted for all traffic related street improvements, including, but not limited to, required traffic signal, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection.
Public Works
Department,
Traffic Engineering
Division
48 The applicable Citywide Traffic Impact Fee shall be paid to the City of Anaheim, in an amount established by the City Council
Ordinance/Resolution at the issuance of a building permit.
Public Works
Department,
Traffic Engineering
Division
49 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 and Building 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 and Building 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
1 MM HAZ-1: Prior issuance of a grading permit, a limited subsurface Planning and Building NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
investigation shall be conducted in order to determine the presence or absence of soil, soil vapor, and/or groundwater contamination due to the historical use of the subject property in connection with underground storage tanks (USTs) on the project site. A Health Risk Assessment or similar shall be prepared by Owner/Developer summarizing investigation findings. If contamination is present, the Owner/Developer shall request oversight from the Department of Toxic Substances Control (DTSC), the Regional Water Quality Control Board (RWQCB) and/or the Orange County Health Care Agency (OCHCA), as applicable, and comply with all requirements to remove and/or remediate contamination to appropriate levels prior to issuance of grading plan for the proposed project with any required operational controls included on construction plans.
Department,
Planning Services
Division
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
50 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
51 All public improvements shall be constructed by the developer, inspected, and accepted by Construction Services prior to final building and zoning inspection.
Public Works
Department,
Development Services
Division
52 All remaining fees/deposits required by Public Works department must be paid in full.
Public Works
Department,
Development Services
Division
53 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
54 Record Drawings and As-Built Plans shall be submitted for review and approval to the Department of Public Works, Development Services Division.
Public Works
Department,
Development Services
Division
55 The property 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 Public Works
Department,
Traffic Engineering
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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 and 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.
56 That prior to the first final building and zoning inspection, or certificate of occupancy, whichever occurs first, the intersection of Anaheim Blvd and Plaza Alley shall be signalized and construction shall be finalized to the satisfaction of the City Engineer and accepted by the City of Anaheim.
Public Works
Department,
Traffic Engineering
Division
ON-GOING DURING CONSTRUCTION ACTIVITIES
57 MM CUL-1: An Archaeologist who meets the Secretary of the Interior’s Professional Qualification Standards for Archaeology shall perform a “tailgate” Worker Environmental Awareness Program (WEAP) training to all construction personnel directly involved with project-related ground disturbance activities. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures that shall be followed in the event such resources are encountered.
In the event that inadvertent discoveries are found, 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 shall be followed by regular or periodic archaeological monitoring as determined by the Archaeologist, but full-time archaeological monitoring is not required at 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 shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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 shall 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.
58 MM GEO-2: In the event that any significant paleontological resources (i.e., bones, teeth, or unusually abundant and well-preserved invertebrates or plants) be unearthed, the construction crew shall not attempt to remove them. All work in the immediate vicinity of the discovery shall be diverted at least 15 feet until a professional Paleontologist assesses the find and, if deemed appropriate, salvages it in a timely manner. All recovered fossils shall be deposited in an appropriate repository, where they shall be properly curated and made accessible for future study.
Planning and Building
Department,
Planning Services
Division
ON-GOING DURING OPERATIONS
59 The Owner 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
60 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
GENERAL
61 A minimum of two connections to public water mains and water looping inside the residential lot are required.
Public Utilities,
Water Engineering
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
62 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities:
• 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities, including storm drains, gas, and electric
• 6-feet minimum separation from curb face
• 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.):
• 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees.
• 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
63 No public water main or public water facilities shall be installed in private alleys or paseo areas.
Public Utilities,
Water Engineering
64 No public water mains or laterals allowed under parking stalls or parking lots.
Public Utilities,
Water Engineering
65 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
66 All CBC and CFC requirements shall be followed for permit issuance.
Any fire permits which includes fire sprinklers, fire alarm, etc. shall be submitted directly to Anaheim Fire Prevention Department.
Fire Department
67 A fire flow report shall be provided for this project. Fire Department 68 Fire Master Plan shall be submitted at the time that plan submittal for grading plans are submitted.
Fire Department
69 Fire lane markings and signage shall comply with AFD Fire Lane Standard.
Fire Department
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
70 CC&R’s with fire protection systems(s) inspection, testing, and maintenance requirements shall be submitted with the fire master plan.
Fire Department
71 All drivable surfaces - Permanent, temporary, and phased emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities.
Fire Department
72 An Emergency Radio Response Communication System (ERRC) analysis shall be conducted by ERRC contractor in order to determine if an ERRC system will be required for this project. City of Anaheim FCC Technician shall be consulted and this report shall be completed during building permit reviews.
Fire Department
73 A fire hydrant (public or private) shall be located within 300 feet of the proposed building(s). A minimum of 4 additional fire hydrants shall be provided for this project to meet the distance requirements.
Fire Department
74 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
75 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
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
76 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
77 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
78 Vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way.
Public Works
Department,
Traffic Engineering
Division
79 The driveways on Ball Road and Anaheim Blvd shall be restricted to right-turn in/out only. Prior to the issuance of building permits, plans shall show the R3-5(R) (RIGHT-TURN-ONLY) sign and right-turn arrow pavement legend at the driveway exit. Subject property shall thereupon be developed and maintained in conformance with said plans.
Public Works
Department,
Traffic Engineering
Division
80 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
81 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 Planning and Building
Department,
Planning Services
Division
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
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.