Resolution-PC 2015-081RESOLUTION NO. PC2015-081
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2012-05597,
APPROVING ADMINISTRATIVE ADJUSTMENT NO. 2015-00370,
AND DETERMINING THAT A PREVIOUSLY -APPROVED
MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST
(DEV2011-0110B)
(200-282 NORTH LEMON STREET, 107-127 WEST LINCOLN AVENUE AND
120 WEST CYPRESS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition for an amendment to Conditional Use
Permit No. 2012-05597, designated as Conditional Use Permit No. 2012-05597A, to modify
certain conditions of approval, and to approve Administrative Adjustment No. 2015-00370 to
reconfigure the location of the proposed apartment building with less recreation -leisure area than
required by the Anaheim Municipal Code (herein referred to as the "Code") for certain real
property located at 200-282 North Lemon Street, 107-127 West Lincoln Avenue and 120 West
Cypress 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, Conditional Use Permit No. 2012-05597A and Administrative Adjustment
No. 2015-00370 are proposed in conjunction with a proposed amendment to Tentative Parcel
Map No. 2012-148, designated as Tentative Parcel Map No. 2012-148A, to reconfigure the
location of the proposed apartment building and modify certain conditions of approval.
Conditional Use Permit No. 2012-05597A, Administrative Adjustment No. 2015-00370 and
Tentative Parcel Map No. 2012-148A shall be referred to herein collectively as the "Proposed
Project"; and
WHEREAS, on April 21, 2014 and subject to certain conditions of approval, the Planning
Commission adopted Resolution No. PC2014-034 approving Conditional Use Permit No. 2012-
05597 (herein referred to as the "Original CUP") to permit the construction of a mixed-use project
on the Property consisting of 220 apartments and 18,000 square feet of commercial retail uses.
The conditions of approval which were the subject of the Original CUP shall be referred to herein
as the "Previous Conditions of Approval"); and
WHEREAS, the Property is located in the "CG" General Commercial Zone and the
Mixed Use (MU) Overlay Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) and Chapter 18.32 (Mixed Use (MU) Overlay
Zone) of the Code. The Anaheim General Plan designates this Property for Mixed Use land
uses; and
PC2015-081
WHEREAS, by the adoption of its Resolution No. PC2014-034 on April 21, 2014, the
Planning Commission adopted a Mitigated Negative Declaration ("MND") and a Mitigation
Monitoring Program ("MMP") in connection with its approval of the Original CUP; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California
Guidelines for 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 "State
CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Proposed Project will not create any additional environmental impacts
beyond those analyzed and addressed by the previously -approved MND and associated MMP,
and is therefore, exempt from the requirement to prepare additional environmental
documentation; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 19, 2015, 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 to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, in accordance with Section 18.60.190 (Amendment of Permit Approval) of
Chapter 18.60 (Procedures) of the Code, the Planning Commission, after due inspection,
investigation and study made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing with respect to the request for Conditional Use
Permit No. 2012-05597A, does find and determine the following:
1. The proposed alteration to the apartment building does not involve a substantial
change to the approved site plan and is in substantial conformance with the site plan that was
originally approved under the Original CUP; and
2. The approval of the Original CUP occurred less than ten (10) years prior to the request
for the proposed amendment to the Original CUP; and
3. The underlying zoning and the General Plan land use designation for the Property
have not changed significantly since the permit was originally approved; and
4. Other than proposed Administrative Adjustment No. No. 2015-00370, no new waivers
of Code requirements are needed; and
5. The Revised Conditions of Approval (as defined herein below) are more effective than
the Previous Conditions of Approval because they will enable the project approved under
Resolution No. PC2014-034 to be developed; and
6. The nature of the use approved under Resolution No. PC2014-034 is not significantly
changed;and
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7. The use approved under Resolution No. PC2014-034 will not be intensified; and
8. No new or substantially greater environmental impacts will result.
WHEREAS, in accordance with Section 18.56.130 (Uses and Structures Made
Nonconforming by Public Acquisition) of Chapter 18.56 (Nonconformities) of the Code, the
Planning Commission does further find and determine that the request for Administrative
Adjustment No. 2015-00370 should be approved for the following reasons:
1. The uses and structures approved under the Original CUP are presently
nonconforming by reason of the ownership of certain minor portions of the Property by the City
of Anaheim, as Successor Agency to the former Anaheim Redevelopment Agency (herein
referred to as the "Successor Agency"). The California Department of Finance (herein referred
to as the "DOF") must approve the conveyance of land owned by the Successor Agency before
the Successor Agency can convey such land. As of the present time, the Successor Agency does
not know when such approval will be forthcoming from the DOF. As a result of the Successor
Agency's acquisition of those minor portions of the Property, the original project approved under
Resolution No. PC2014-034 cannot be developed without its reconfiguration to exclude the
Successor Agency's property. Approval of Administrative Adjustment No. 2015-00370 will
meet all of the criteria set forth above for Conditional Use Permit No. 2012-05597A and is,
therefore, consistent with the purposes and intent of the Zoning Code; and
2. Development of the project, as reconfigured, will continue to be subject to then -
applicable development anddimensional standards of the "CG" Commercial General Zone and
the Mixed Use (MU) Overlay Zone, including required landscape and building setbacks and
allowable height; and
3. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment since the only alternative to processing the adjustment is
to reduce the overall number of dwelling units. Additionally, the project is located adjacent to
Pearson Park, one of the largest parks in the City, which provides numerous recreation -leisure
activites within comparable walking distance of the amenities in the project; and
4. The adjustment will not produce a result that is out of character or detrimental to
the neighborhood. The building was previously approved on the property line in accordance with
the Code. The proposed building will be located farther back from the orginal location thus
creating a greater distance from the sidewalk and the building.
WHEREAS, the Planning Commission 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 Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons
stated hereinabove, does hereby approve Conditional Use Permit No. 2012-05597A and
Administrative Adjustment No. 2015-00370, contingent upon and subject to the conditions of
approval set forth in Exhibit B attached hereto and incorporated herein by this reference (herein
referred to as the "Revised Conditions of Approval").
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and
hereby replace the Previous Conditions of Approval in their entirety. All references to the
conditions of approval for the Original CUP shall be to the Revised Conditions of Approval
attached to this Resolution as Exhibit B, which shall control and govern Administrative
Adjustment No. 2015-00370 and the Original CUP, as amended by Conditional Use Permit No.
2012-05597A. Said Revised Conditions of Approval 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 Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the Revised Conditions of Approval. Should the Revised Conditions of
Approval, or any part thereof, be declared invalid or unenforceable by a 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.
-4- PC2015-081
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 19, 2015. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on October 19, 2015, by the following vote of the members thereof:
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-5- PC2015-081
EXHIBIT "A"
DEV NO. 2011-OO11OB
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-6- PC2015-081
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05597A
ADMINISTRATIVE ADJUSTMENT NO. 2015-00370
(DEV2011-0110B)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
ISSUANCE OF GRADING PERMITS
1
Per the requirements of the General Permit for Discharges of Storm Water
Public Works,
Associated with Construction Activity (Construction General Permit Order
Development Services
2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the
proposed project shall be prepared and include a sufficient number of
erosion control Best Management Practices (BMPs) are implemented during
the construction phase to ensure that potential erosion issues are adequately
addressed. BMPs shall include the following, or similar, efforts: fiber rolls,
street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet
protection. MM HYD -1
2
Prior to issuance of the grading permit and right-of-way construction permit
Public Works,
for the storm drain and sewer, whichever occurs first, a Save Harmless
Development Services
agreement in -lieu of an Encroachment Agreement is required to be executed,
approved by the City and recorded by the applicant on the property for any
storm drains connecting to a City storm drain.
3
The applicant shall submit to the Public Works Department/Development
Public Works,
Services for review and approval a Final Water Quality Management Plan
Development Services
that:
• Addresses Site Design Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, minimizing
directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in
the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
4
Per the requirements of the General Permit for Discharges of Storm Water
Public Works,
Associated with Construction Activity (Construction General Permit Order
Development Services
2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the
proposed project shall be prepared and include a sufficient number of
erosion control Best Management Practices (BMPs) are implemented during
the construction phase to ensure that potential erosion issues are adequately
-7- PC2015-081
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
addressed. BMPs shall include the following, or similar, efforts: fiber rolls,
street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet
protection.
5
Prior to issuance of a grading permit for work to be done on land under the
Public Works,
jurisdiction of the City of Anaheim, as Successor Agency to the Anaheim
Development Services
Redevelopment Agency ("Successor Agency'), the property owner and
Successor Agency shall execute a Right of Entry and License Agreement
("Agreement") allowing entry upon the Successor Agency's property adjacent
to the project site with provisions acceptable to Successor Agency's Executive
Director. In the event that Successor Agency's Executive Director rejects the
Agreement, this condition shall be of no further force and effect and shall not
be a condition to grading permit issuance.
PRIOR TO
FINAL MAP APPROVAL
6
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works,
Anaheim an easement for street, public utility and other public purposes for the
Development Services
widening of Cypress Street and Lemon Street to their ultimate right-of-way
width of 30 feet and 28.75 feet from the street centerlines, respectively.
7
A maintenance covenant shall be submitted to the Subdivision Section and
Public Works,
approved by the City Attorney's office. The covenant shall include provisions
Development Services
for maintenance of private facilities, including compliance with approved
Water Quality Management Plan, and a maintenance exhibit. Maintenance
responsibilities shall include parkway landscaping and irrigation on Anaheim
Blvd, Lincoln Avenue, Lemon Street and Cypress Street. The covenant shall
be recorded concurrently with the final map.
8
Street improvement plans shall be submitted for all required public works
Public Works,
improvements; including traffic signal and related improvements, striping,
Development Services
storm drain, sewer, landscape and irrigation improvements, in Lincoln
Avenue, Lemon Street, Anaheim Blvd and Cypress Street to the Public Works
Department/Development Services. A bond shall be posted in an amount
approved by the City Engineer and in a form approved by the City Attorney
prior to final map approval. The improvements shall be constructed prior to
final building and zoning inspections.
9
The property owner shall execute a Subdivision Agreement, in a form
Public Works,
approved by the City Attorney, to complete the required public improvements
Development Services
at the legal property owner's expense. Said agreement shall be submitted to
the Public Works Department, Subdivision Section approved by the City
Attorney and City Engineer.
10
All parcels shall be assigned street addresses by the Building Division.
Public Works,
Development Services
11
All existing structures shall be demolished. The developer shall obtain a
Public Works,
demolition permit from the Building Division.
Development Services
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
ISSUANCE OF BUILDING PERMITS
12
That prior to issuance of building permits, plans shall specifically indicate
Public Works,
that all vehicular ramps and grades conform to all applicable Engineering
Traffic Engineering
Standards.
13
That prior to issuance of the a building permit for the parking structure,
Public Works,
plans shall demonstrate that at -grade ducts and overhead pipes shall not
Traffic Engineering
encroach in the parking space areas or required vehicle clearance areas.
14
The final map shall be submitted to and approved by the City of Anaheim
Public Works,
and the Orange County Surveyor and then shall be recorded in the Office of
Development Services
the Orange County Recorder.
15
Prior to the issuance of a building permit, onsite soil classified as hazardous
Fire Department
waste in California by virtue of having greater than 1,000 mg/kg total lead
concentration shall be evaluated and disposed at a State approved disposal
site. MM HAZ-la
16
Prior to the issuance of a building permit, shallow soils from the historical
Public Works,
industrial use located in the southeast and southwest portions of the project
Development Services,
site (with the highest density of sampling locations documenting lead
Building Division and
between 80 mg/kg and 1,000 mg/kg) shall be relocated to underneath the
DTSC
footprint of the fixture parking structure. MM HAZ-lb
17
Prior to the issuance of a building permit, the soils with lead concentration
Public Works,
below 80 mg/kg shall be re -graded and compacted in the top 5 to 7 feet bgs.
Development Services,
MM HAZ-1 c
Building Division and
DTSC
18
Prior to the issuance of a building permit, sampling under the footprint of
Public Works,
new residential area(s) shall be conducted to confirm and document that no
Development Services,
residual soil with lead in excess of 80 mg/kg is located under the foundation
Building Division and
of the proposed building locations. MM HAZ-1d
DTSC
19
Double or extra -strength windows and doors with an STC rating of 22 or
Planning and Building
higher shall be installed in all residential units adjacent to Lincoln Avenue.
Department,
Interior noise levels must then be checked to ensure interior noise levels are
Building Division
at or below 45 dB (CNEL). Where it is necessary that windows be closed in
order to achieve the required level, means shall be provided for
ventilation/cooling shall be included to provide a habitable environment.
MM NOI-1
20
Windows shall be installed with glazing ratings as identified in Table 4 found
Planning and Building
in the letter from Veneklasen Associates dated January 8, 2014. This letter has
Department,
been included as an attachment to the staff report.
Building Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
21
Prior to final building and zoning inspection, the property owner/developer
Public Works, Traffic
shall construct a median diverter on Anaheim Boulevard at Cypress Street,
Engineering
including all appropriate signage and striping. This median diverter shall
allow left turns in the northbound and southbound directions of Anaheim
Boulevard onto Cypress Street, but shall prohibit left turns and through
movements eastbound and westbound on Cypress Street. MM TRAN-1
22
Prior to the issuance of an occupancy permit, the developer/owner shall
Public Utilities, Water
submit to the Public Utilities Water Engineering an estimate of the
Engineering
maximum fire flow rate and maximum day and peak hour water demands
for the project. This information will be used to confirm the adequacy of the
existing water system to provide the estimated water demands. In the
unlikely event that off-site water system improvements are required to serve
the project, they shall be provided in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules, and Regulations. MM USS -1
23
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to establish
Electrical Engineering
electrical service requirements and submit electric system plans, electrical
panel drawings, site plans, elevation plans, and related technical drawings
and specifications.
24
That this project has a landscaping area exceeding 2,500 square feet and a
Public Utilities,
separate irrigation meter shall- be installed in compliance with the
Water Engineering
Landscape Water Efficiency Guidelines.
25
The property owner shall irrevocably offer to dedicate to The City of
Public Utilities,
Anaheim an easement twenty feet in width for water service mains and/or an
Water Engineering
easement for large meters or other public facilities.
26
Lockable pedestrian and/or vehicular access gates shall be equipped with
Fire Department
Knox devices as required and approved by the Fire Department.
27
A fire alarm system shall be designed, installed and maintained as required
Fire Department
by the Fire Department.
28
Fire hydrants shall meet minimum Fire Department Specifications
Fire Department
and Requirements for spacing, distance to structure and available
fire flow.
29
An all-weather access road as approved by the Fire Department
Fire Department
shall be provided during construction.
30
An automatic fire sprinkler system shall be designed, installed and
Fire Department
maintained as required by the Fire Department. This item shall be shown on
plans submitted for building permits.
31
All requests for new water services or fire lines as well as any modifications,
Public Utilities,
relocations, or abandonments of existing water services and fire lines shall
Water Engineering
be coordinated through the Water Engineering Division of the Public
Utilities Department.
-10- PC2015-081
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
32
All existing water services and fire lines shall conform to current Water
Public Utilities,
Services Standards Specifications. Any water service and/or fire line that
Water Engineering
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.
33
The owner/developer shall irrevocably offer to dedicate to the City of
Public Utilities,
Anaheim (i) an easement for all large domestic above -ground water meters
Water Engineering
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 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.
34
The developer/owner shall submit to the Public Utilities Department, Water
Public Utilities,
Engineering Division an estimate of the maximum fire flow rate and
Water Engineering
sprinkler demand, 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.6 of the Water Utility Rates, Rules and
Regulations.
35
Exhibit `B" of this document containing the conditions of approval and
Planning and Building
mitigation measures associated with this entitlement shall be prominently
Department,
displayed on plans submitted for grading and building permits.
Planning Services
ONGOING DURING PROJECT CONSTRUCTION
36
During project construction, the developer shall require painting contractors
Planning and Building
to use only paints and coatings with no more than 100 grams/liter of volatile
Department,
organic compound (VOC) for exterior applications and no more than 50
Building Division
grams/liter of VOC for interior applications. For a list of low VOC paints,
see Website: www.agmd.gov/prdas/brochures/paintguide.html. MM AO -1
-11- PC2015-081
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
37
During project construction, the developer shall require painting contractors
Planning and Building
to phase paints and coatings applications such that no more than 2.5 percent
Department,
of project facilities are under active application on any one day. This
Building Division
measure results in an estimated 42 -day architectural coatings phase. MM
AQ -2
38
The applicant/developer shall retain a qualified professional (e.g.,
Planning and Building
archaeologist, historian, architect, paleontologist), subject to approval by the
Department,
City of Anaheim and this monitor shall be present to ensure that all
Planning Services
earthmoving activities are observed and shall be on site during
all grading activities.
39
In the event that buried cultural resources are discovered during
Planning and Building
construction, operations shall stop in the immediate vicinity of the find and a
Department,
qualified archaeologist shall be consulted to determine whether the resource
Planning Services
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
§ 15064.5 of the CEQA Guidelines. Cultural resources could consist of, but
are not limited to, stone artifacts, bone, wood, shell, 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 Department of Parks and Recreation
(DPR) forms and evaluated for significance in terms of CEQA criteria. MM
CR -1
40
If the resources are determined to be unique historic resources as defined
Planning and Building
under § 15064.5 of the CEQA Guidelines, mitigation measures shall be
Department,
identified by the monitor and recommended to the Lead Agency.
Planning Services
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. MM CR -2
41
No further grading shall occur in the area of the discovery until the Lead
Planning and Building
Agency approves the measures to protect these resources. Any
Department,
archaeological artifacts recovered as a result of mitigation shall be donated
Planning Services
to a qualified scientific institution approved by the Lead Agency where they
would be afforded long-term preservation to allow future scientific study.
MM CR -3
42
In addition, reasonable efforts to avoid, minimize, or mitigate adverse
Planning and Building
effects to the property will be taken and the State Historic Preservation
Department,
Officer (SHPO) and Native American tribes with concerns about the
Planning Services
property, as well as the Advisory Council on Historic Preservation (ACNP)
will be notified within 48 hours in compliance with 36 CFR 800.13(b)(3).
MM CR -4
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
43
Monitoring of excavation in areas identified as likely to contain
Planning and Building
paleontological resources by a qualified paleontological monitor is required
Department,
under limited conditions. Monitoring must take place once 6 feet of modern
Planning Services
grade has been reached during any earthmoving work. The mitigation
measures must be discussed with the Proponent and/or his contracted
representatives during a pre -grade meeting attended by City staff. Should
the City -approved Paleontologist determine that potential impacts to fossil
resources have been reduced to "low" as a result of the monitoring efforts,
the Paleontologist may cease the monitoring program before earthmoving
has concluded. A monitoring report must be generated and submitted to
City staff within one month after monitoring has concluded.
Based upon the results of this review, areas of concern include any and all
previously undisturbed sediments of Pleistocene Older alluvium present
within the boundaries of the Project Area. Paleontologic monitors should be
equipped to salvage fossils, as they are unearthed, to avoid construction
delays, and to remove samples of sediments likely to contain the remains of
small fossil invertebrates and vertebrates. Monitors must be empowered to
temporarily halt or divert equipment to allow removal of abundant or large
specimens. Monitoring may be reduced or eliminated if the potentially
fossiliferous units described herein are determined upon exposure and
examination by qualified paleontologic personnel to have low potential to
contain fossil resources. MM CR -5
44
Preparation of recovered specimens to a point of identification and
Planning and Building
permanent preservation, including washing of sediments to recover small
Department,
invertebrates and vertebrates is required. Preparation and stabilization of all
Planning Services
recovered fossils are essential in order to fully mitigate adverse impacts to
the resources. MM CR -6
45
Identification and curation of specimens into an established, accredited
Planning and Building
museum repository with permanent retrievable paleontologic storage is
Department,
required. These procedures are also essential steps in effective
Planning Services
paleontologic mitigation and CEQA compliance. The paleontologist must
have a written repository agreement in hand prior to the initiation of
mitigation activities. Mitigation of adverse impacts to significant
paleontologic resources is not complete until such curation into an
established museum repository has been fully completed and documented.
MM CR -7
46
Preparation of a report of findings with an appended itemized inventory of
Planning and Building
specimens is required. The report and inventory, when submitted to the
Department,
appropriate Lead Agency along with confirmation of the curation of
Planning Services
recovered specimens into an established, accredited museum repository, will
signify completion of the program to mitigate impacts to paleontologic
resources. MM CR -8
47
In the event of an accidental discovery or recognition of any human remains,
Planning and Building
California State Health and Safety Code §7050.5 dictates that no further
Department,
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CONDITIONS OF APPROVAL
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disturbance shall occur until the County Coroner has made the necessary
Planning Services
findings as to origin and disposition pursuant to CEQA regulations and
Public Resource Code (PRC) §5097.98. All applicable provisions of the
Native American Grave Protection and Repatriation Act and its regulations
found in the Code of Federal Regulations at 43 CFR 10 shall also apply.
MM CR -9
PRIOR TO
FINAL BUILDING AND ZONING INSPECTION
48
Prior to connection of electrical service, the legal owner shall provide to the
Public Utilities,
City of Anaheim a Public Utilities easement with dimensions as shown on
Electrical Engineering
the approved utility service plan.
49
For the retail portion, complete a Burglary/Robbery Alarm Permit
Police Department
application, Form APD 516, and return it to the Police Department prior to
initial alarm activation. This form is available at the Police Department front
counter, or it can be downloaded from the following web site:
http://www.anaheim.net/article.asp?id=678
50
Address numbers shall be positioned so as to be readily readable from the
Police Department
street. Main building numbers should be a minimum height of 12". Numbers
should be illuminated during hours of darkness.
51
On the retail portion, rear entrance doors shall be numbered with the same
Police Department
address numbers or suite number of the business. Minimum height of 4"
recommended.
52
Rooftop address numbers shall be added for the police helicopter. Minimum
Police Department
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.
Based on the design of this complex, the above described roof numbers can
be applied to the top level of the central parking structure on a portion of the
pavement not covered by any structures or parking spaces. The size and
positioning, as described above, should be adhered to.
53
All exterior doors shall have their own light source, which shall adequately
Police Department
illuminate door areas at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination for
persons exiting the building.
54
Minimum lighting level for covered portions of all parking structures is:
Police Department
• Horizontal Illumination: 1 -footcandle minimum, 5 -footcandles average on
the covered decks with a 10:1 maximum to minimum uniformity ratio.
• Minimum Vertical Illumination: 0.5 -footcandles at 5 -feet above the
parking surface.
• Entrances: 50 -footcandles minimum during the day. This higher
illumination level should be carried approximately 70 -feet inside the
garage to allow a transition from bright daylight to a lower internal level.
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CONDITIONS OF APPROVAL
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Natural daylight may be considered in the calculation.
55
Compliance with AMC 6016, the Anaheim Public Safety Radio System
Police Department
Coverage Ordinance is required. To request a copy of the ordinance, contact
Officer Budds at (714) 765-3859 or mbudds@anaheim.net. A copy of the
ordinance can also be viewed/download online through the City of Anaheim
web site under "City Records": http://www.anaheim.net/.
56
All electrically operated gates providing emergency vehicle access shall
Police Department
include the installation of an electronic access system which allows for the
use of a public safety radio frequency to open the gate.
57
The developer/property owner shall:
Public Works,
• Demonstrate that all structural BMPs described in the Project & Site
Development Services
Specific WQMP have been constructed and installed in conformance with
approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural
BMPs described in the Project & Site Specific WQMP
• Demonstrate that an adequate number of copies of the approved Project &
Site Specific WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance
Plan for all structural BMPs.
58
The property owner/developer shall construct a permanent, decorative
Public Works,
diagonal diverter at the intersection of Lemon Street and Cypress Street,
Development Services
including all appropriate signage and striping. This diverter shall only allow
northbound and southbound right turns, and eastbound and westbound left
turns. Provisions shall be made in the design of the diverter to allow for full
pedestrian and bicycle movements. Final design of the diverter shall be
subject to the review and approval of the City Engineer. Should the design
of the diverter not serve its intended purpose following installation,
equivalent traffic calming measures, preventing northbound vehicular traffic
on Lemon Street, may be substituted for the diverter, subject to the review
and approval of the City Engineer.
ONGOING DURING PROJECT OPERATION
59
The sanitary sewer and storm drains for this development shall be privately
Public Works,
maintained.
Development Services
60
Any graffiti painted or marked upon the premises or on any adjacent area
Police Department
under the control of the licensee shall be removed or painted over within
24 hours of being applied.
No additional
demonstration required
61
The parking lot of the premises shall be equipped with lighting of
Police Department
sufficient power to illuminate and make easily discernible the appearance
and conduct of all persons on or about the parking lot. Additionally, the
position of such lighting shall not disturb the normal privacy and use of
any neighboring uses.
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CONDITIONS OF APPROVAL
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62
All entrances to the parking lot shall be posted with appropriate signs per
Police Department
22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request.
63
"No Trespassing 602(k) P.C." signs shall be posted at the entrances of the
Police Department
parking lot. Signs must be at least 2' x 1' in overall size, with white
background and black 2" lettering.
64
The subject Property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the petitioner
Department,
and which plans are on file with the Planning and Building Department, and
Planning Services
as conditioned herein.
No additional
demonstration required
65
Extensions for further time to complete conditions of approval may be
Planning and Building
granted in accordance with Section 18.60.170 of the Anaheim Municipal
Department,
Code.
Planning Services
No additional
demonstration required
66
That timing for compliance with conditions of approval may be amended by
Planning and Building
the Planning Director upon a showing of good cause provided (i) equivalent
Department,
timing is established that satisfies the original intent and purpose of the
Planning Services
condition(s), (ii) the modification complies with the Anaheim Municipal
No additional
Code and (iii) the applicant has demonstrated significant progress toward
demonstration required
establishment of the use or approved development.
67
Approval of this application constitutes approval of the proposed request
Planning and Building
only to the extent that complies with the Anaheim Municipal Zoning Code
Department,
and any other applicable City, State and Federal regulations. Approval does
Planning Services
not include any action or findings as to compliance or approval of the
No additional
request regarding any other applicable ordinance, regulation or requirement.
demonstration required
68
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and Building
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
Planning Services
actions or proceedings brought against Indemnitees to attack, review, set
No additional
aside, void, or annul the decision of the Indemnitees concerning this permit
demonstration required
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.
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