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RES-2020-062 RESOLUTION NO. 2 0 2 0-0 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2018-05979 (DEV2017-00128) (1600 WEST LINCOLN AVENUE) WHEREAS, the City Council of the City of Anaheim (the "City Council ") did receive a verified petition for Conditional Use Permit No.2018-05979 to permit the construction of a mixed- use development consisting of 315 residential units (apartment) with 2,031 square-foot leasing office, 3,413 square-foot retail space and a parking structure, with modified development standards, i.e., a reduction in the interior setback requirements of the "MU" Mixed-Use Overlay Zone, on that certain real property located at the southwest corner of Lincoln Avenue and Loara Street and commonly referred to as 1600 West Lincoln Avenue 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. 2018-05979 is proposed in conjunction with (i) approval of General Plan Amendment No. 2018-00523 to re-designate the Property from the "General Commercial" to the "Mixed-Use High" land use designation; (ii) Reclassification No. 2018-00316 to reclassify the property to apply"MU" Mixed-Use Overlay zone over the existing "C-G"General Commercial zone,and(iii)approval of a Development Agreement No.2019-00001 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2018-00523, Reclassification No. 2018-00316 and Conditional Use Permit No. 2018-05979 for the term of the Development Agreement, and in return the developer would provide funding for City's affordable housing programs and projects. General Plan Amendment No. 2018-00523, Reclassification No. 2018-00316, Conditional Use Permit No. 2018-05979, Development Agreement No. 2019-00001, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, a mixed-use development within the "MU" Mixed-Use Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to Subsection .020 of Section 18.32.070 (Building Setbacks), the minimum setbacks set forth in Section 18.32.070 (Building Setbacks) of Chapter 18.32 (Mixed-Use Overlay Zone) may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2018-05979 will permit the reduction in interior structural and landscape setback requirement of the "MU" Mixed-Use Overlay Zone; and WHEREAS, the Property is approximately 5.25 acres in size, and is currently developed with an automobile dealership and automobile and recreational repair and storage facilities. The project site is located in the "C-G" General Commercial zone, and is designated for General Commercial land uses by the General Plan; 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 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 was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on March 26, 2020, and was also made available for review on the City's website at www.anaheim.net. On March 16,2020,the Anaheim City Council approved a resolution proclaiming the existence of a local emergency regarding Novel Coronavirus (COVID-19), and in conjunction with this action closed the City Hall and the Public Libraries to public access. Therefore the IS/MND was not available in these locations, but was made available for purchase; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project(herein referred to as "MMP No. 366"); and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a)the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b)of the CEQA Guidelines, (c)responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d)the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 27, 2020, 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 the Anaheim Municipal Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS,by its motion,but prior in time to,the adoption of its Resolution No. PC2020- 017 and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual,the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 366, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 366; and WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission, by motion, recommended that the City - 2 - Council approve Conditional Use Permit No. 2018-05979, 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)an ordinance approving Development Agreement No. 2019-00001; (2) an ordinance approving and adopting Reclassification No. 2018-00316; and, (3)resolution approving and adopting General Plan Amendment No. 2018-00523; and WHEREAS,upon receipt of the Planning Commission's recommendation the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, pursuant to Subsection .020 (Modifications) of Section 18.32.070 (Building Setbacks), this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2018-05979: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale,mass, bulk, and orientation of existing buildings in the surrounding area. The proposed project consists of a mixed-used development at a density and scale that is compatible with the surrounding commercial, light industrial, and multiple-family land uses in the vicinity; 3. Vehicular and pedestrian access are adequate because improvements to Lincoln Avenue and Loara Street and the project's ingress/egress will be constructed in accordance with City standards, along with installation of a new sidewalk and parkways adjacent to the streets; 4. The Project is consistent with any adopted design guidelines applicable to the Property because the project has been designed to include quality architecture, sound attenuation, common recreational areas, and sufficient building setbacks and landscape screening; 5. The size and shape of the site proposed for the Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area because the Project has been designed to include Code compliant parking and recreational areas, sufficient building and landscape setbacks from the adjacent properties, and new pedestrian paths throughout the neighborhood; 6. The traffic generated by the Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the Traffic Study conducted for the Propose Project determined that there are no significant impacts to the surrounding roadways with incorporation of the mitigation measures; 7. The Project will comply with the General Plan and zoning for the Property because the Project will provide for the development of a quality multiple-family living environment with compatible commercial uses, along with various design amenities, such as private open space or common recreation areas. The permitted residential density range under the Mixed-Use High - 3 - designation is from zero to 60 dwelling units per acre and maximum 0.35 floor area ratio (FAR) for non-residential uses. The proposed project will have a residential density of 60 dwelling units per acre and 0.01 non-residential FAR; 8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and; WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence,nor are there other facts,that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations,the City Council does hereby approve and adopt Conditional Use Permit No.2018- 05979, contingent upon and subject to: (1) the adoption by the City Council of(i) a resolution approving and adopting General Plan Amendment No. 2018-00523, (ii) an ordinance approving and adopting Reclassification No. 2018-00316 and (iii) an ordinance approving Development Agreement No. 2019-00001, all of which entitlements are now pending; and (2) the mitigation measures set forth in MMP 366, and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit maybe 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. - 4 - THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this gt-h day of June , 2020,by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES:Council Member Moreno ABSENT:None ABSTAIN: None CITY OF ANAHEIM , „ 4 A CITY OFANAHEIM ATTEST: f CITY CLERK OFT E CITY OF AHEIM 137939 - 5 - EXHIBIT "A" DEN' NO. 2017-00128 APN: 250-091-10 tvMah 250-091-09 c►+Fsr ER cr 250-091-11411 I- IId cc a 0 w W LINCOLN AVE W LINCOLN AVE 471 194' i7 W EMBASSY ST b , In N ac 9 J 7'43 IN PAMPAS iN ` W MABLE ST 1 f, v Source Recorded Tract Maps andror City GS Please note the accuracy a+1-two to Iwe lest. - 6 - EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05979 (DEV2017-00128) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 The legal property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim a 60-ft easement from the construction centerline on Lincoln Department, Ave and a corner cutback, for road, public utilities and other public Development Services purposes. Division 2 The applicant shall submit to the Public Works Development Services Public Works Division for review and approval a Lot Line Adjustment document. The Department, document shall be approved by the City Surveyor and recorded, along Development Services with conforming deed, in the office of the Orange County Recorder. Division 3 The legal property owner shall submit an application for a Subdivision Public Works Map Act Certificate of Compliance to the Public Works Department, Department, Development Services Division for APN: 350-091-11. Development Services Division 4 The developer shall submit improvement plans, for the construction of Public Works required public improvements,to the Public Works Development Services Department, Division for review, approval, and to determine the bond amounts. Development Services Division 5 Prepare and submit a final grading plan showing building footprints, pad Public Works elevations, finished grades, drainage routes, retaining walls, erosion Department, control, slope easements and other pertinent information in accordance Development Services with Anaheim Municipal Code and the California Building Code, latest Division edition. All onsite utilities shall be privately owned and maintained by the Owner, the grading plans shall be labeled accordingly. 6 Prepare and submit a final drainage/hydrology study, including Public Works supporting hydraulic and hydrological data to the City of Anaheim for Department, review and approval. The study shall confirm or recommend changes to Development Services the City's adopted Master Drainage Plan by identifying off-site and on- Division 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. - 7 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The owner shall obtain the required coverage under California's General Public Works Permit for Stormwater Discharges associated with Construction Activity Department, by providing a copy of the Notice of Intent (NOI) submitted to the State Development Services Water Resources Control Board and a copy of the subsequent notification Division of the issuance of a Waste Discharge Identification(WDID)number. 8 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works (SWPPP). The SWPPP shall be kept at the project site and be available Department, for Public Works Development Services Division review upon request. Development Services Division 9 Submit a Geotechnical Report to the Public Works Development Services Public Works Division for review and approval. The report shall include any proposed Department, infiltration features of the WQMP. Development Services Division 10 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer in State of California. Department, Development Services Division 11 Owner/Developer shall install an approved backflow prevention assembly Public Utilities on the water service connection(s) serving the property, behind property Department, line and building setback in accordance with Public Utilities Department Water Engineering Water Engineering Division requirements. 12 MM AIR-2 The property owner/developer shall include a note on the Planning and Building grading and building plans and require that off-road diesel-powered Department, construction equipment greater than 50 horsepower shall meet the Tier 4 Building Division Final emissions standards and shall be registered with CARB and labelled detailing that the equipment meets Tier 4 emissions standards, and shall ensure compliance during construction activities. 1 3 MM CUL-1 The Property Owner/Developer shall provide a note on Planning and Building plans indicating that in the event that any evidence of cultural resources is Department, discovered during ground-disturbing activities, all work within the Building and Planning vicinity of the find shall stop until a qualified archaeological consultant Services Divisions can assess the find and make recommendations. Project Applicant shall not attempt excavation of potential cultural resources. The qualified archaeologist shall ensure that the Proposed Project complies with the following measures. • Prior to any ground disturbance,the qualified archaeologist,or their designee, shall provide a worker environmental awareness protection (WEAP) training to construction personnel regarding - 8 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT regulatory requirements for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall receive proper procedures to follow if unanticipated cultural resources are discovered during construction. Workers will have contact information and protocols to follow in the event of any inadvertent discoveries. The WEAP training can be in the form of a video or PowerPoint presentation. Printed literature(handouts) can accompany the training and given to new workers and contractors to avoid continuous training over the course of the construction. • If unanticipated cultural material is encountered during any phase of project construction, all construction work within 50 feet (15 meters) of the find shall cease and the qualified archaeologist shall assess the find for importance. Construction activities may continue in other areas. If, in consultation with the City, the discovery is determined not to be important, work will be permitted to continue in the area. • If the qualified archaeologist determines a resource to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or has a "unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the qualified archaeologist shall coordinate with the Property Owner/Developer and the City to develop a formal treatment plan. The plan should serve to reduce impacts to the resources and allow construction to proceed.The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources and Public Resources Code Section 21083.2(b)for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner oftreatment. • If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. • The Property Owner/Developer shall provide any historic archaeological material that is not Native American in origin for curation at a public, nonprofit institution with a research interest in the materials, such as the South-Central Coastal Information Center at California State University,Fullerton. If no institution accepts the archaeological material,the Property Owner/Developer shall donate the archaeological material to a local school or historical society in the area for educational purposes,as determined to be appropriate by the City of Anaheim. - 9 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 MM GEO-1 The Property Owner/Developer shall retain a qualified Planning and Building paleontologist to observe ground disturbing activities and recover fossil Department, resources as necessary when construction activities will impact the older Building and Planning Quaternary Alluvium. The paleontologist shall attend the pre-grading Services Divisions conference and establish procedures and protocols for paleontological monitoring and to temporarily halt ground disturbing activities to permit sampling, evaluation, and recovery of any discovery. Substantial excavations below the uppermost layers (below 3 feet below surface) should be monitored. Sediment samples should also be recovered to determine the small-fossil potential of the site. If a discovery is determined to be significant, additional excavations and salvage of the fossil may be necessary to ensure that any impacts to it are mitigated to a less than significant level. 15 MM NOI-1 The Property Owner/Developer shall perform one of the Planning and Building following actions to reduce the construction-related noise impacts to Department, Loara Elementary School, located adjacent to the south side of the Project Building and Planning Site: Services Divisions • Restrict all demolition and grading equipment from operating within 50 feet of the shared south property line with Loara Elementary School, while Loara Elementary School is in session; • Prior to the start of demolition or grading activities, construct a temporary 8-foot high wall along the shared property line with Loara Elementary School. The temporary wall shall be constructed with minimum 5/8-inch plywood or oriented strand board(OSB) and shall be maintained until completion of the grading phase; or • Prior to the start of demolition or grading activities, construct the proposed 8-foot high CMU wall along the shared property line with Loara Elementary School that is detailed in Project Design Feature 1. 16 MM TCR-1 The Property Owner/Developer shall retain a Native Planning and Building American Monitor/Consultant and a copy of the executed contract shall be Department, submitted to the City of Anaheim Planning and Building Department. The Planning Services Project Applicant shall be required to retain and compensate for the Division services of a Tribal monitor/consultant who is both approved by the Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the Project area. This list is provided by the NAHC. The Tribal monitor/consultant will only be present on-site during the construction phases that involve ground- disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and - 10 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT trenching, within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities,including construction activities, locations, soil, and any cultural materials identified. The onsite monitoring shall end when the Project Site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the Project Site has a low potential for impacting Tribal Cultural Resources. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS 17 A Certificate of Compliance pursuant to the Subdivision Map Act and Public Works in accordance with City Code for APN 350-091-11 shall be approved Department, by the City and recorded in the office of the Orange County Recorder. Development Services Division 18 A Lot Line Adjustment shall be approved by the City Surveyor and Public Works recorded, along with conforming deeds, in the office of the Orange Department, County Recorder. Development Services Division 19 Provide a certificate, from a Registered Civil Engineer, certifying Public Works that the finished grading has been completed in accordance with Department, the City approved grading plan. Development Services Division 20 The developer shall obtain a right of way construction permit to construct Public Works all improvements along the project's frontage on Lincoln Ave and Loara Department, Street. The improvements shall include but not limited to curb widening Development Services on Lincoln Ave, construction of a new bus pad, traffic signal Division modifications, curb and gutter, pavement, pavement transitions, driveway, parkway, sidewalk, ADA ramps, parkway drains, water meter removals, sewer laterals, etc. All improvements identified in MM TRAF-1 and MM TRAF-2 shall be included. Additional grind and overlay may be required to achieve the required street cross slope. Limits of the grind and overlay will be determined by the City Engineer during the final design phase. All improvements shall be installed completely prior to the first final building and zoning inspection. 21 The developer's engineer shall submit to the City for review and approval Public Works an engineering cost estimate for the cost of the required improvements on Department, Lincoln Ave and Loara Street. The Developer shall post a security Development Services (Performance and Labor & Materials Bonds) in an amount approved by Division the City Engineer and in a form approved by the City Attorney for the construction of all required off-site and public improvements within Lincoln Ave and Loara Street. - 11 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 Building permit plans shall demonstrate the following: Public Works • At-grade ducts and overhead pipes do encroach in the parking space Department, areas or required vehicle clearance areas. Traffic Engineering • Curbs at driveways are painted red to preserve line of sight. Division • Curbs along fire access lanes are designated as fire lanes. • Stop sign, stop bar, and stop legend shown at the intersection of Loara Street and the minor street approach, per City of Anaheim Engineering Standard Details 434 and 435. 23 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided and shown on plans submitted to the Department, Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering Division 24 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- Public Utilities 537.5) as amended by Senate Bill 7, water submetering shall be furnished Department, and installed by the Owner/Developer and a water submeter shall be Water Engineering installed to each individual unit. Provisions for the ongoing maintenance Division 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. 25 All backflow equipment shall be located above ground outside of the street Public Utilities setback area in a manner fully screened from all public streets and alleys. Department, Any backflow assemblies currently installed in a vault will have to be Water Engineering brought up to current standards. Any other large water system equipment Division 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. 26 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing water Department, services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted through Water Engineering Division of the Anaheim Public Division Utilities Department. 27 All existing water services and fire services shall conform to current Water Public Utilities Services Standards Specifications. Any water service and/or fire line that Department, does not meet current standards shall be upgraded if continued use is Water Engineering necessary or abandoned if the existing service is no longer needed. The Division Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 28 The Owner shall irrevocably offer to dedicate to the City of Anaheim(i)an Public Utilities easement for all large domestic above-ground water meters and fire Department, hydrants, including a five (5)-foot wide easement around the fire hydrant Water Engineering and/or water meter pad. (ii) a twenty(20) foot wide easement for all water Division service mains and service laterals all to the satisfaction of the Water - 12 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 29 The Owner/Developer shall submit a water system master plan, including Public Utilities a hydraulic distribution network analysis, for Public Utilities Water Department, Engineering review and approval. The master plan shall demonstrate the Water Engineering adequacy of the proposed on-site water system to meet the project's water Division demands and fire protection requirements. 30 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and Department, maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water Division 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. 31 Water improvement plans shall be submitted to the Water Engineering Public Utilities Division for approval and a performance bond in the amount approved by Department, the City Engineer and form approved by City Attorney shall be posted with Water Engineering the City of Anaheim. Division 32 The property owner/developer shall coordinate with Electrical Engineering Public Utilities to establish electrical service requirements and submit electric system Department, plans, electrical panel drawings, site plans, elevation plans, and related Electrical Engineering technical drawings and specifications. Division 33 All electrically operated gates (both pedestrian and vehicle gates) shall Police Department include installation of an electronic access system which allows for the use of a public safety radio frequency to open the gate 34 All above-ground utility devices including, but no limited to, electrical Planning and Building transformers, water backflow devices, gas, communications and cable Department, devices, air condition facilities, and etc., shall be located outside all Planning Services required street setbacks and screened. Location of such devices shall be Division shown on plans submitted for building permits. Plans shall also identify the specific screening treatment of each device(i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of all appropriate City departments. 3.5 Final landscaping plans in compliance with all Code requirements shall be Planning and Building submitted for review and approval by the Planning Department. The said Department, - 13 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT landscaping plan must be in conformance with the City's Landscape Water Planning Services Efficiency Ordinance (Chapter 10.19) and the Zoning Code. Landscaping Division shall be installed prior to the final zoning inspection or issuance of a Certificate of Occupancy. 36 All signs shall comply with the Anaheim Municipal Code Section 18.44. Planning and Building Department, Planning Services Division 37 MM AIR-1 the Property Owner/Developer shall include a note on the Planning and Building building plans and require that the painting contractor for the interior areas Department, of the residential portion of Proposed Project shall utilize "Super- Building Division Compliant"VOC paints, which are defined in SCAQMD's Rule 1113 and contain 10 grams per liter of VOC or less, and shall ensure compliance during construction activities. A list of "Super-Compliant" paints are provided at: http://www.agmd.gov/home/rul es- compliance/compliance/vocs/architectural-coatings/super-compliant- coatings 38 The plans submitted for the building plan check shall show all Planning and Building improvements listed as Project Design Features #1, 2, 3, and 4 of the Department, IS/MND prepared for the project, which are as follows: Planning Services • 8-foot high CMU wall along the portion of the south property line Division that is shared with the school to the south and along the portion of the west property line that is shared with the existing commercial use; Preservation of the existing 6-foot high CMU wall along the remaining portion of the west property line; • Mechanical ventilation per Chapter 12, Section 1205 of the Uniform Building Code for each proposed residential unit (i.e. a standard forced air conditioning and heating system with a filtered outside air intake vent for each residential unit) • 8-foot high sound wall along the east side(next to Loara Street) of the Northeast Courtyard and a 6-foot high sound wall along the east side(next to Loara Street)of the East Courtyard. The sound walls shall be constructed of either CMU, stucco or glass or a combination of these materials. • Installation of the windows and doors with minimum Sound Transmission Class(STC)rating of 29 STC for all residential units that are located on the eastern portion of the north side of the proposed building. All other windows and exterior doors installed on the rest of the residential units shall be standard dual paned windows and exterior doors that have a minimum 26 STC rating. DURING GRADING AND CONSTRUCTION ACTIVITIES - 14 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 39 MM TCR-2 Upon discovery of any archaeological resources, Planning and Building construction activities shall be ceased in the immediate vicinity of the find Department, until the find can be assessed. All archaeological resources unearthed by Planning Services project construction activities shall be evaluated by the qualified Division archaeologist and Tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the Property Owner/Developer regarding treatment and curation of these resources. Typically, the Tribe 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,must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and 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 may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to a local school or historical society in the area for educational purposes. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS`' .. 40 All remaining fees/deposits required by Public Works department must be Public Works paid in full. Department, Development Services Division 41 All required WQMP improvements shall be operational and verified by Public Works the Construction Services Division Inspector. Department, Development Services Division 42 MM TRAF-1 The Property Owner/Developer shall complete Public Works construction of the following improvements: Department, - 15 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Extend the westbound left-turn storage length an additional 45 Development Services feet east of the railroad crossing to provide 105 feet of total and Traffic storage; Engineering Divisions • Add striping to designate the additional storage length for the westbound left-turn lane; • Relocate the railroad crossing arm onto the remaining median strip. These improvements shall be included on the street improvement plans prior to the issuance of the first building permit. 43 MM TRAF-2 The Property Owner/Developer shall complete Public Works construction of the following improvements: Department, • Extend the northbound left-turn storage lane by restriping an Development Services additional 85 feet of lane to the south to provide 200 feet total and Traffic storage; Engineering Divisions • Restrict on-street parking along the eastern and western sides of Loara Street from Lincoln Avenue to the southern boundary of the Project Site by adding additional red curb striping and/or"no parking"signs; • Restripe Loara Street with a two-way left-turn lane(TWLTL) from the end of the extended 200 foot northbound left turn lane to at least 100 feet south of its intersection with Embassy Street(the existing"KEEP CLEAR"pavement markings at Loara Street/Embassy Street intersection shall remain). Transitional striping shall be provided from the end of the TWLTL to the existing center lane striping beyond the southern boundary of the Project Site, and the exact lengths of striping will be determined through the street Improvement Plans; • Extend the eastbound right turn lane striping(current striping is approximately 90 feet in length) an additional 155 feet west of the driveway to provide 245 feet total storage(based on General Plan Amendment queuing). • Retain and extend existing red curb striping or"no parking"signs along the southern side of Lincoln Avenue for the 245-foot approach to the intersection. These improvements shall be included on the street improvement plans prior to the issuance of the first building permit. 44 Owner shall install an approved backflow prevention assembly on the Public Utilities water service connection(s) serving the property,behind property line and Department, building setback in accordance with Public Utilities Department Water Water Engineering Engineering Division requirements Division 45 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 Department, shown on the approved utility service plan. Electrical Engineering Division - 16 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 46 Prior to connection of electrical service, the legal owner shall submit Public Utilities payment to the City of Anaheim for service connection.fees. Department, Electrical Engineering Division 47 File Emergency Listing Card, Form APD-281, with the Police Police Department Department 48 A complex map shall be provided in electronic form to the Anaheim Police Department Police Department. 49 Post"No Trespassing 602(k) P.C."at the entrances of parking areas and Police Department other appropriate places(i.e. resident gathering points and access points, bicycle parking, etc.). Such signs must be at least 1' wide and 2' high in overall size, with white background and black 2"lettering. 50 All entrances to parking areas shall be posted with appropriate signs per Police Department 22658(a) C.V.C. to assist in removal of vehicles at the property owner's/homeowners association's request ON-GOING DURING OPERATIONS 51 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. 52 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, public Department, Water utility easement or City easement area including but not limited to colored Engineering Division 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 roject and the City easement deeds. GENERAL 53 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, Department, Water public utility easement or City easement area including but not limited Engineering Division 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. - 17 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 54 A minimum of two connections to public water mains (one on Loara Public Utilities Street and one on Lincoln Avenue)and water looping inside the project Department, Water are required. Engineering Division 55 The following minimum clearances shall be provided around all new and Public Utilities existing public water facilities (e.g. water mains, fire hydrants, service Department, Water laterals,meters,meter boxes,backflow devices, etc.): Engineering Division • 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. 56 No public water main or public water facilities shall be installed in Public Utilities private alleys or paseo areas. Department, Water Engineering Division 57 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Department, Water Engineering Division 58 The property owner shall comply with all terms of the Development Planning and Building Agreement No. 2019-00001. Department, Planning Services Division 59 Internal modifications that result in creation of an additional bedroom, as Planning and Building defined by the Zoning Code, is prohibited for all apartment units. Department, Planning Services Division 60 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and Building "Landscape and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner Planning Services in the event that it is removed, damaged, diseased and/or dead. Division 61 Trees shall be maintained in perpetuity and in good health along the Planning and Building northerly property line to provide adequate screening and privacy from Department, adjacent property, in accordance with the approved landscape plan. 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 Planning Services issuance of building permits shall be provided on plans submitted for Division 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. - 18 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 63 The applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Planning Services whichever occurs first. Failure to pay all charges shall result in delays in Division the issuance of required permits or may result in the revocation of the approval of this application. 64 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 Division aside,void,or annul the decision of the Indemnitees concerning this permit or any of the proceedings,acts or determinations taken,done,or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. - 19 - CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) • I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-062 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 2020 by the following vote of the members thereof: - AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring-and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020. CITY CLE"K OF THE CITY OF ANAHEIM (SEAL)