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RES-2017-190RESOLUTION NO. 2017-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05933 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00042) (312-400 SOUTH EUCLID STREET AND 1678 WEST BROADWAY) WHEREAS, the City of Anaheim did receive a verified petition for Conditional Use Permit No. 2017-05933 to permit the construction of a 39 -unit attached and detached multiple family residential project (the "Project") with modified development standards, i.e., a reduction in setback requirements and distance between buildings of the "RM -3" Multiple -Family Residential, for that certain real property located at 312-400 South Euclid Street and 1678 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2017-05933 is proposed in conjunction with a request (i) to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to redesignate those portions of the Property designated as "General Commercial" and "Residential Corridor " land uses to 'Residential Low -Medium", which amendment to the General Plan is designated as "General Plan Amendment No. 2016-00509", (ii) to rezone or reclassify the Property from the "C -G" General Commercial Zone to the "RM -3" Multiple Family Residential Zone, which reclassification is designated as 'Reclassification No. 2016- 00293", and (iii) for approval of a tentative tract map to permit a I -lot, 39 unit condominium subdivision of the Property, which is designated as "Tentative Tract Map No. 18045";; and WHEREAS, General Plan Amendment No. 2016-00509, Reclassification No. 2016- 00293, Conditional Use Permit No. 2017-05933, and Tentative Tract Map No. 18045 and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 2.35 acres in size and is currently located in the "C -G" General Commercial Zone and is designated on the Land Use Element of the General Plan for "General Commercial" and "Residential Corridor " land uses; and WHEREAS, all development within the "RM -3" Multiple -Family Residential Zone that includes attached and detached dwellings is subject to approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development) of the Code, the minimum setback requirements, as set forth in Section 18.06.090 (Structural Setbacks), and the setbacks between buildings, as set forth in Subsection .050 of Section 18.06.090 of the Code, may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2017-05933 will permit the reduction in the street and interior setbacks and setbacks between buildings requirements of the "RM -3" Multiple - Family Residential Zone for the Property; 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 Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the . City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 348") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 13, 2017 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 including the adoption of Planning Commission Resolution Nos. PC2017-079, PC2017-080, PC2017-081, PC2017-082, and PC2017-083 relating to the Proposed Project; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the City Council found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 348, and approved and adopted the Mitigated Negative Declaration and MMP No. 348; and WHEREAS, pursuant to Subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2017-05933: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of the Zoning Code; 3. Vehicular and pedestrian access are adequate; 4. The Project is consistent with any adopted design guidelines applicable to the Property; 5. The size and shape of the site proposed for the. proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; 6. The traffic generated by the proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7. The impact upon the surrounding area has been mitigated to the maximum extent practicable; 8. The Project complies with the General Plan, as amended by General Plan Amendment No. 2016-00509, now pending; 9. The proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 18045, including its design and improvements, will, upon approval thereof, comply with the Subdivision Map Act; and 10. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the City Council does hereby approve Conditional Use Permit No. 2017-05933, contingent upon and subject the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 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 is approved and adopted by the City Council of the City of Anaheim this 19 day of December , 201 7by the following roll call vote: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MA OR OF THE CITY OF ANAHEIM ATTEST: CLERK OF THE ITY OF ANAHEIM (Acting) 125703 / LM EXHIBIT "A" DEV NO. 201+6-00042 APN: 250-051-02, 03 versROAD AY 151' Ln 1 ' � <r U W Ln WTEOMAR AVE W 0 U W � a 93 iaa Source: Recorded Tract Maps and/or City GIS. vPlease note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05933 (DEV2016-00042) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO ISSUANCE OFA DEMOLITION PERMIT OR GRADING PERMIT 1 Prior to the issuance of a demolition, grading, and/or building permit for activities during the avian nesting season (generally February through planning and Building August), the property owner/developer shall submit a survey for active Department, nests to the City of Anaheim Planning and Building Department conducted Planning Services by a qualified biologist a maximum of 1 week prior to the activities to Division determine the presence/absence, location, and status of any active nests on or adjacent to the Project Site. If no active nests are discovered or identified, no further mitigation is required. In the event that active nests are discovered on site, a suitable buffer determined by the biologist (e.g., 30 to 50 feet for passerines) shall be established around any active nest. No ground -disturbing activities shall occur within this buffer until the biologist has confirmed that breeding/nesting is completed and the young have fledged the nest. Limits of construction to avoid a nest shall be established in the field by the biologist with flagging and stakes or construction fencing. Construction personnel shall be instructed regarding the ecological sensitivity of the fenced area. The results of the survey shall be documented and filed with the City of Anaheim within 5 days after the survey. (MM -BIO -1) 2 Prior to the issuance of a demolition, grading, and/or building permit, the planning and Building property owner/developer shall include the following instructions to its construction contractor on all plans pertaining to subsurface construction Department, activities for the Proposed Project: "The construction contractor shall Planning Services regularly inspect the exposed soil for visual evidence of any contamination Division or volatilization of contaminants (odors). If visual or odor contamination indicators are identified during construction activities, all work shall stop in the vicinity of the potential contamination, and an investigation shall be designed and performed by a qualified environmental consultant to verify the presence and extent of contamination on the Project Site. Results of the investigation shall be reviewed and approved by the City of Anaheim Fire and Rescue Department, Hazardous Materials Section, or its representative prior to resuming construction activities in the vicinity of the contamination." The investigation shall include collecting samples for laboratory analysis and quantification of contaminant levels within the disturbance areas. Subsurface investigation shall determine appropriate worker protection and hazardous material and disposal procedures appropriate for the Project Site. Contaminated soil or groundwater determined to be hazardous shall be removed by personnel who have been trained through the Occupational Safety and Health Administration—recommended 40 -hour safety program NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT with an approved plan for groundwater extractions, soil excavation, control of contaminant releases to the air, and off-site transport or on-site treatment. (MM-HAZ-1). PRIOR TO ISSUANCE OF A GRADING PERMIT 3 Prepare and submit a final grading plan showing building footprints, pad Public Works, elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Development Services Anaheim Municipal Code and the California Building Code, latest edition. All onsite utilities shall be privately owned and maintained by the Home owner's Association (HOA), the grading plans shall be labeled accordingly. 4 Prepare and submit a final drainage/hydrology study, including supporting Public Works, hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's Development Services 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. 5 The Owner shall obtain the required coverage under California's General Public Works, Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Development Services Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 6 The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). Public Works, The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Development Services 7 Submit a Water Quality Management Plan (WQMP) to the City for review Public Works, and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Development Services 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. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL 8 Submit a Geotechnical Report to the Public Works Development Public Works, Services Division for review and approval. The report shall include any Development Services proposed infiltration features of the WQMP. 9 All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer in State of California. Development Services 10 That the developer/owner shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. This Water Engineering shall include compliance with the following: 1. A minimum 5 -ft clearance shall be provided between water meter boxes / fire hydrants and structures, footings, driveway approaches, ECR, BCR, trees, and all other utilities (electric, telcom, gas, etc). No exceptions. 2. All existing services and water meters currently serving the properties shall be properly abandoned and/or removed per Water Engineering standards. 3. The alignment of the proposed onsite 8 -inch water main shall centered beneath the 8 -ft AC/AB pavement section (between curb face and concrete edge restraint for pavers). Locations where the public water main crosses the permeable pavers section, a continuous stick of pipe shall be installed centered beneath the pavement section with a minimum of 12 -inches of clearance between the bottom of the drainage section and the top of water pipe. 11 Prior to issuance of a grading permit, the property owner/developer shall Planning and Building adhere to the following measures as condition for approval of the grading Department, Planning permit, as required by the City of Anaheim (City): Services Division • The construction contractor shall, to the extent feasible, schedule construction activities to avoid the simultaneous operation of construction equipment to minimize noise levels resulting from operating several pieces of high -noise -level -emitting equipment. • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers. Enforcement shall be accomplished by field inspections by City staff (or their representatives) during construction activities. • Construction noise reduction methods such as powering down idling equipment, construction of a temporary noise barrier, maximization of the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL similar power tools rather than diesel equipment shall be employed wherever feasible. • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from or shielded from sensitive receptors. • Construction hours, allowable workdays, and the phone number Of the job superintendent shall be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent, if necessary. In the event the City receives a complaint, appropriate corrective actions shall be implemented and a report of the action provided to the reporting party. These measures shall be printed on all applicable grading and construction plans. The property owner/developer's construction contractor shall acknowledge to the City's Planning and Building Department in writing their receipt and understanding of these requirements. (MM-NOI-2) PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 12 A minimum of two connections to public water mains and water looping Public Utilities, inside the project are required. No dead end mains will be allowed. Water Engineering 13 The following minimum horizontal clearances shall be maintained Public Utilities, between proposed water main and other facilities: Water Engineering • 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 -ft minimum separation from structures, footings and trees 14 No public water main or public water facilities shall be installed in Public Utilities, private alleys or paseo areas. Water Engineering 15 No public water mains or laterals allowed under parking stalls or parking Public Utilities, lots. Water Engineering 16 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, meter, Hersey Residential Fire Meter with Translator Register, no equals. Water Engineering NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO THE ISSUANCE OF RUILD17VG PERMIT'S 17 Record Tract Map No. 18045 "FOR CONDOMINIUM PURPOSES Public Works, ONLY" pursuant to the Subdivision Map Act and in accordance with Development Services City Code. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office. 18 Provide a certificate, from a Registered Civil Engineer, certifying that the Public Works, finished grading has been completed in accordance with the City approved grading plan. Development Services 19 A Right -of -Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the public Development Services right-of-way. 20 The developer shall construct a 5 -foot sidewalk at ultimate right-of-way Public Works, and a 5 -foot landscaped public parkway and trees, curb adjacent, or as Development Services approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. 21 The developer shall construct an 8 -foot landscaped public parkway and Public Works, trees, curb adjacent or as approved by the City Engineer. The proposed Development Services irrigation line and meter shall be connected to the private main. 22 The developer shall construct all improvements along the project's Public Works, frontage on Euclid Street and Broadway. The improvements shall include Development Services but not limited to Euclid street widening, curb and Gutter, pavement, driveway, ADA ramps, parkway drains, power pole relocations, water meters removals, sewer improvements, etc. As determined and approved by the City Engineer, a cash in lieu fee for the design and construction cost of the public improvements may substitute the actual construction of these improvements. The developer's engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements. 23 Prior to issuance of a Precise Grading Permit, the Developer shall obtain Public Works, approval of Right of Way Construction Permit Plans for the construction Development Services of a replacement City Sanitary Sewer line to serve all the existing users of the sewer including this proposed development as identified in the Approved Sewer Study. The Public Sewer shall either connect to the current OCSD stub out at the first manhole south of the development, or at a new connection point at the same location, which is lower in elevation to accommodate a lower City Sewer. Alternately, if OCSD requires the existing stub to be utilized, an alternative design approach shall be implemented to reconstruct the City Sewer, in conformance with City Design Standards and Guidelines. If this approach includes an alternate design approach in the Right of Way (such as a syphon), the developer must also comply with all related Public Works requirements NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT implemented to ensure proper ongoing maintenance and repair of this alternate design approach in the Right of Way. This would include, but is not limited to, the following: establishing Encroachment License, establishing a Maintenance Agreement, approving Hold Harmless Agreement, establishing a long term Right of Way Construction Permit for access to the syphon from the Right of Way - which would include a substantial monetary deposit into a Depositors Trust Fund to support the review, approval and inspection of the ongoing maintenance work - to properly maintain the syphon in perpetuity, and including a feature in the grading plan which would accommodate the retention of spilled sewage onsite that would result if the syphon were to become obstructed. 24 Applicant shall submit a copy of the approved permit and/or other form Public Works, of approval of the sewer connection from Orange County Sanitation Development Services District (OCSD) for the proposed sewer connection in Euclid street prior to the issuance of the right of way permit. 25 All Landscape plans shall comply with the City of Anaheim adopted Planning and Building Landscape Water Efficiency Guidelines. This ordinance is in compliance Department, Planning with the State of California Model Water Efficient Landscape Ordinance Services Division (AV 1881). 26 Applicant shall submit for final approval a Solid Waste Management Public Works, Plan (SWMP) demonstrating City standard turning radius to accommodate trash truck circulation on project. SWMP will include a Sanitation Operations narrative of proposed trash removal services including a sheet demonstrating service location for a minimum of 2 barrels for each unit, and an alternate service location for Units 12 and 13. 27 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. 28 Prior to connection of electrical service, the legal owner shall provide to Public Utilities, the City of Anaheim a Public Utilities easement with dimensions as Electrical Engineering shown on the approved utility service plan. 29 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 30 All backflow equipment shall be located above ground outside of the Public Utilities, street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have Water Engineering 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. 31 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 32 All existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or fire Water Engineering 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. 33 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities, an easement for all large domestic above -ground water meters and fire Water Engineering hydrants, including a five (5) -foot wide easement around the fire hydrant, water meter box, 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. 34 That the developer/owner shall submit a water system master plan, Public Utilities, including a hydraulic distribution network analysis, for Public Utilities Water Engineering 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. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 35 That the developer/owner shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering 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. 36 Water improvement plans shall be submitted to the Water Engineering Public Utilities, Division for approval and a performance bond in the amount approved Water Engineering by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 37 Individual water service and/or fire line connections will be required for Public Utilities, each parcel or residential, commercial, industrial unit per Rule 18 of the Water Engineering City of Anaheim's Water Rates, Rules and Regulations. 38 Plans shall be submitted showing stop control at all driveway exits. A Public Works, stop sign, stop bar and stop legend shall be installed per City Standards prior to final building and zoning inspection. Subject property shall Traffic Engineering thereupon be developed and maintained in conformance with said plans. 39 Residential buildings/units shall be pre -wired for the future installation of Police Department an alarm system. 40 ADDRESSING: Police Department 1. Each individual building should be clearly marked with its appropriate 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. 2. Address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. 3. Rooftop address/unit 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. 41 DOORS: Police Department RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL 1. All exterior doors to have adequate security hardware, e.g. deadbolt locks. 2. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. 3. Wide-angle peepholes or other viewing device should be designed into all dwelling -unit front doors and all solid doors where exterior visibility is compromised. 42 LIGHTING: Police Department 1. Monument signs and addresses shall be well lighted during hours of darkness. 2. 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. 43 LANDSCAPING: Police Department 1. 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. 2. 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. 44 FENCING/ACCESS CONTROL: Police Department 1. Perimeter fencing should be utilized whenever possible to enhance territorial reinforcement and create defensible space. It should be an open design, utilizing materials such as wrought iron or tubular steel to maintain natural surveillance. 2. Decorative pavers should be used at all vehicular access points to enhance territorial reinforcement. 45 Doorways, alcoves, etc., should not be recessed to the extent that a place police Department is created for a person to stand and go unobserved. NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 46 Minimum recommended lighting level in all parking lots in 0.5 foot- candle maintained, measured at the parking surface, with a maximum to Police Department minimum ratio no greater than 15:1. 47 Prior to the approval of building permits, the property owner/developer Planning and Building shall include a note on the electrical plans for the Proposed Project "All Department, stating, exterior lighting shall be required to be shielded with hoods, filtering louvers, glare reducers, or other means to maintain adequate Planning Services lighting throughout the area without undue nighttime glare impacts on Division adjoining residential areas." All lighting installed on the Project Site shall comply with this requirement. (MM -AES -1) 48 Prior to issuance of a building permit, the property owner/developer shall Planning and Building submit a final acoustical report prepared to the satisfaction of the City of Anaheim Planning and Building Department, Planning Services Department, Division. The report shall demonstrate that the proposed residential Planning Services design will result in compliance with the 45 A -weighted decibel Division community noise equivalent level (dBA CNEL) interior noise levels as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). (MM- N0I-1). 49 The applicant shall submit draft Covenants Conditions and Restrictions Planning and Building (CC&Rs) that are prepared by an authorized professional for review and approval by the Director of Planning, Public Works, and City Attorney, Department, which will generally provide for the following: Planning Services a. A requirement that residents shall use designated parking area, Division including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the Public Works Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third -party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 50 All public improvements shall be constructed by the developer, inspected Public Works, and approved by Construction Services prior to the final building and Development Services zoning inspection. 51 All remaining fees/deposits required by Public Works department must Public Works, be paid in full. Development Services RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 52 Set all Monuments in accordance with the final map and submit all Public Works, centerline ties to Public Works Department. Any monuments damaged as Development Services a result of construction shall be reset to the satisfaction of the City Engineer. 53 All required WQMP improvements shall be operational and verified by Public Works, the Construction Services Division Inspector. Development Services 54 All parking stalls shall be double striped per City of Anaheim Public Works, Engineering Standard 470. Traffic Engineering 55 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works, parallel parking in the drive aisles. Red curb locations shall be clearly Traffic Engineering labeled on building plans. 56 Vehicle gates shall not be installed across the project driveways or access Public Works, roads without providing a vehicle turnaround area to the satisfaction of Traffic Engineering the City Engineer. 57 The property owner/developer shall execute and record with the Orange Public Works, County Recorder an unsubordinated declaration of Covenants Conditions Traffic Engineering and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer, Planning Director, and City Attorney, which restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, an amendment to the CC&R's approved by the City Engineer, Planning Director and the City Attorney's office 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. ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 58 Any Graffiti painted or marked upon the premises or on any adjacent Police Department area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 59 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, public Water Engineering 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, NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 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&R's for the project and the City easement deeds. 60 During subsurface ground -disturbing construction activities, the property Planning and Building owner/developer shall retain a qualified Native American tribal Department, representative of the Gabrieleno Band of Mission Indians — Kizh Nation (Gabrielefio). If tribal cultural resources are encountered during ground- planning Services disturbing activities, work in the immediate area must halt. Depending on Division the nature of the find, if the discovery proves to be potentially significant under CEQA, as determined by the tribal representative, additional measures such as data recovery excavation, avoidance of the area of the find, documentation, testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution, or other appropriate actions may be warranted. The tribal representative shall complete a brief letter report of excavations and findings, and submit the report to the City of Anaheim (City). After the find is appropriately mitigated, work in the area may resume. At the discretion of the tribal representative, monitoring activities may be allowed to cease if sufficient evidence is produced that soils underlying the Project Site are not native, undisturbed soils. In this event, the tribal representative shall document all pertinent evidence that justifies the ceasing of monitoring activities and provide it within a brief letter report for the City's review. Should the City concur with these findings, monitoring shall be permitted to cease within all areas on the Project Site shown to contain only disturbed, non-native fill soils. (MM -CUL -1) GENERAL 61 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department, and as conditioned herein. planning Services Division 62 Conditions of approval related to each of the timing milestones above shall Planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for planning Services building plan check. This requirement applies to grading permits, final Division maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 63 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, 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 planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 64 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning this Division 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. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2017-190 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of December, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Vanderbilt, Murray, Barnes, Moreno, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of December, 2017. NG "CLERkOF THE CITY OF ANAHEIM (SEAL)