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RES-2021-021 RESOLUTION NO. 2021 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED ADMINISTRATIVE ADJUSTMENT NO. 2020-00444 (DEV2016-00074) (3175 WEST BALL ROAD) WHEREAS, the City of Anaheim did receive a verified petition for Administrative Adjustment No. 2020-00444 to permit the construction of an 11-unit apartment building with reduced setbacks, i.e., a reduction in the interior setback and street setback requirements of the "RM-4"Multiple-Family Residential Zone,for that certain real property located at 3175 West Ball Road 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, Administrative Adjustment No. 2020-00444 is proposed in conjunction with (i) a request to amend "Figure LU-4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re-designate the Property designated as "General Commercial" to "Medium Density Residential" land uses, which amendment to the General Plan is designated as "General Plan Amendment No. 2016-00510", and (ii) Reclassification No. 2016-00297 to reclassify the property from the "C-G" General Commercial Zone to the "RM-4" Multiple-Family Residential Zone. General Plan Amendment No. 2016-00510, Reclassification No. 2016-00297, and Administrative Adjustment No. 2020-00444 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 0.36 acres in size and is currently vacant. The Property is located in the"C-G"General Commercial Zone.The Property is designated in the Land Use Element of the General Plan for "General Commercial" land uses; 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual 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 July 9, 2020, and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard,Anaheim,California; Copies of said document were also available for purchase; 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 - 1 - 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, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on August 31, and October 12, 2020, and continued the item without discussion; the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on January 20, 2021 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS,upon receipt of Planning Commission Resolution Nos.PC2021-003,PC2021- 004, PC2021-005, and PC2021-006, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 9th day of March, 2021, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, paragraph .0101 of Subsection .010 (Setbacks Abutting a Public Street), and Subsection .030 (Setbacks Abutting Interior Property Lines), of Section 18.06.090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the"Code") require the minimum landscaped setbacks in the Multiple-Family Zones abutting an arterial highway, such as Ball Road and Western Avenue, to be twenty (20) feet, "as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan" and structural setbacks in the Multiple-Family Zones abutting any interior property lines to be twenty (20) feet. Because the Proposed Project shows a setback of sixteen (16) feet from the ultimate right-of-way of Ball Road and Western Avenue, and a setback of eighteen(18) feet from the eastern interior property line, the applicant has requested an administrative adjustment from the setback requirements; and WHEREAS, the City Council does further find and determine that the request for Administrative Adjustment No. 2020-00444 should be approved for the following reasons: SECTION NO. 18.06.090.010.0101 Minimum front landscaped setback. (20 feet required; 16 feet proposed adjacent to arterial highways) SECTION NO. 18.06.090.030 Minimum interior setback. (20 feet required; 18 feet proposed) - 2 - 1. The adjustment is consistent with the purposes and intent of the City's Zoning Code because there will be adequate separation from the adjacent residential land uses and there will be comparable setbacks to properties within the vicinity and will include installation of new landscaping.The Proposed Project would comply with all other development standards of the RM- 4 Zone; and 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment because the small lot size with two street frontages results in a minimal amount of buildable area on the lot; and 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood as the proposed multiple-family residential use is a compatible use in the area and similar setbacks currently exist for the adjacent multiple family residential properties. WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence,nor are there other facts,that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. BE IT FURTHER RESOLVED that,based upon the aforesaid findings and determinations, the City Council of the City of Anaheim approves and adopts Administrative Adjustment No. 2020-00444,contingent upon and subject to: (1)the adoption by the City Council of(i)a resolution approving and adopting General Plan Amendment No. 2016-00510, and (ii) an ordinance approving and adopting Reclassification No. 2016-00297, all of which entitlements are now pending; (2) the mitigation measures set forth in MMRP 371, and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190(Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition,or any part thereof,be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. - 3 - BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 9thday of March , 2021,by the following roll call vote: AYES: Mayor Sidhu and Council Members Diaz, Brandman, Valencia, and O'Neil NOES: Mayor Pro Tem Faessel ABSENT: None ABSTAIN:council Member Moreno CITY OF ANAHEIM II , .,t 1 L A 0 O: • T CI OFANAHEIM ATTEST: IIII CITY CLE' OF THE CITY OF ANAHEIM - 4 - EXHIBIT "A" DEV NO. 2016-00074 1 J TERANIMAR DR _APN: 079-882-34 W DONOVAN RANCH RG W GLEN HOLLY DR 125' cvN 125' W BALL RD ii : — cc w H w cc o W RAVENSWOOD DR — 0 J m cr N t O o 50 10:, Source:Recorded Tract Maps and/or City GIS. FeetPlease note the accuracy is+/-two to five feet. - 5 - EXHIBIT "B" ADMINISTRATIVE ADJUSTMENT NO. 2020-00444 (DEV2016-00074) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 That the developer/owner shall submit a set of improvement plans Public Utilities for Public Utilities Water Engineering review and approval in Department, determining the conditions necessary for providing water service to Water Engineering the project. Division 2 Prepare and submit a final grading plan showing building Public Works footprints, finished floor and pad elevations, finished grades, Department, drainage routes, retaining walls, erosion control, slope easements Development Services and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 3 The final Water Quality Management Plan (WQMP) shall be Public Works submitted for review and approval to Public Works Development Department, Services Division and comply with the most current requirements Development Services of the Orange County Drainage Area Management Plan (DAMP). The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects, identify potential sources of pollutants during the long- term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. • The use of the sump pump to transfer DCV from HPDE storage pipe to bioretention with underdrain system is not preferred approach due to potential for failure of sump pump. Pumps are only permitted in extreme cases. In final design phases, applicant must consider the implementation of a gravity based system to route stormwater to biotreatment BMPs with the goal of eliminating the sump pump. A potential option would be to incorporate above- ground/raised bioretention with underdrain planters on the west, east and south sides of the residential structure if no other space constraints exist. • If storage component (36" HDPE) is still proposed in final design, applicant must adjust overflow invert to ensure the entire DCV is stored in HDPE pipe and can be routed to biotreatment BMP rather than overflowing. Current inverts - 6 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT only allow for a portion of the DCV to be stored prior to overflowing and bypassing biotreatment BMP. 4 Prepare and submit a final drainage study, including supporting Public Works Q10, Q25, and Q100 hydraulic and hydrological data to the City of Department, Anaheim for review and approval. No offsite run-off shall be Development Services blocked during and after grading operations or perimeter wall construction. The Final Drainage Report shall demonstrate that the overall site post-development storm event run-off shall be less than or equal to the overall site existing pre-development storm event run-off for each watershed and that the proposed building structures and basement(s), if any, shall be flood protected. Finish floor elevations shall be 1-ft.minimum above the 100-year,24 hour event water surface elevation. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. Run-off shall not be diverted and any proposed improvements shall prevent downstream properties from becoming flooded.The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. Also, the plans shall show that all concentrated flow shall be contained within an approved drainage device and preserve the existing flows and manner drainage is conveyed downstream. Any inlets in sump condition shall be designed to capture Q25 and a secondary emergency outlet for the sump condition is required to provide a minimum of 1-ft. freeboard between the maximum water surface elevation and minimum finish floor elevation. The emergency outlet must direct overflows to either an adequate downstream street or natural conveyance system. 5 Submit a detailed Geotechnical Report to the Public Works Public Works Development Services Division for review and approval. Department, Development Services 6 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer. Department, Development Services 7 Prior to issuance of the grading permit and right-of-way Public Works construction permit for the storm drain and sewer,whichever occurs Department, first, a Save Harmless agreement in-lieu of an Encroachment Development Services Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any private storm drains connecting to a City storm drain. - 7 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The property owner/developer shall implement all Public Works recommendations in the approved Geotechnical Investigation Department, report for the Proposed Project during site preparation,grading,and Development Services construction, and compliance with the approved Geotechnical Investigation shall be verified in the field by a qualified representative. The property owner/developer shall demonstrate to the City of Anaheim's Planning & Building Department and/or Public Works Department staff that all or equivalent recommendations in the Preliminary Soil Investigation, Liquefaction Evaluation and Infiltration Test Report. Proposed Two-Story Apartment Complex with Partial Subterranean Parking, 3175 W. Ball Road, City of Anaheim, California, prepared by Soil Exploration Company, Inc. September 12, 2016, or any updates to that report have been incorporated into the Proposed Project's design and grading plans. MM-GEO-1 9 Prior to the issuance of a demolition, grading, and/or building Planning Department, permit for activities during the avian nesting season (i.e., February Planning Services 1 and September 1), the property owner/developer shall submit a Division survey for active nests to the City of Anaheim Planning and Building Department conducted by a qualified biologist a maximum of 1 week prior to the activities to determine the presence/absence, location, and status of any active nests on or adjacent to the Project Site. The nesting bird survey shall consist of full coverage of the project footprint and an appropriate buffer, as determined by the biologist. 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 10 Prior to the issuance of Grading and Building Permits, the property Planning Department, owner/developer shall prepare and submit a site-specific Health and Planning Services Safety Plan to the Planning and Building Department. Division The site-specific Health and Safety Plan shall require that the property owner/developer include the following instructions to its construction contractor: "The construction contractor shall use a photoionization detector(PID)to regularly inspect the exposed soil for evidence of any contamination." These instructions shall be included on all plans pertaining to subsurface construction activities - 8 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT for the Proposed Project. The site-specific Health and Safety Plan shall identify air monitoring action levels based on the benzene Cal- OSHA permissible exposure limit (PEL) to protect worker health and safety. The site-specific Health and Safety Plan shall note measures to be taken if air monitoring in the breathing zone of site workers indicates concentrations above the action levels. These measures could include the use of personal protective equipment, including air purifying respirators, or engineering controls, as well as site perimeter monitoring. MM-HAZ-1 11 Prior to issuance of Grading or Building Permits, the property Planning Department, owner/developer shall submit to the Planning and Building Planning Services Department notes on plans that indicate that if potential Division contamination indicators are identified during excavation based on visual observations and/or air monitoring the soil will be segregated and evaluated. Soil impacted by petroleum hydrocarbons may be stained or odorous. Stained soil may have bluish to dark gray discoloration. Discoloration may remain even after the product has naturally degraded. If suspect petroleum hydrocarbon-impacted soils are observed during excavation,the soil will be segregated and evaluated. Evaluation will include collection of samples for total petroleum hydrocarbons (TPH) and volatile organic compound (VOC) analysis. The number of samples to be collected will be based on potential disposal facility requirements. If concentrations of TPH and VOCs are below direct exposure human health soil screening levels (Regional Water Quality Control Board Environmental Screening Levels),then the soil may remain on-site. If the concentrations exceed the screening levels, then the soil will be removed from the Project Site and properly disposed of off-site in accordance with local, State, and Federal regulations. Visually screening the soil will be accompanied by air monitoring using a photoionization detector (PID) or other organic vapor analyzer. In accordance with South Coast Air Quality Management District (SCAQMD) regulations (specifically Rule 1166), VOC- contaminated soil,if identified at the Project Site during excavation activities, will be properly managed. VOC-contaminated soil, as defined in Rule 1166,consists of soil with concentrations of 50 parts per million or greater when measured within 3 inches of the soil using a PID calibrated with hexane. If volatile organics are measured at concentrations of 50 parts per million or greater when measured within 3 inches of the soil using a PID calibrated with hexane, then the excavation, stockpile management, and agency notification shall comply with SCAQMD Rule 1166. If identified, VOC-contaminated soil, as defined in Rule 1166, shall be removed from the Project Site and properly disposed of off-site in accordance with local, State, and Federal regulations. MM-HAZ-2 - 9 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 Prior to issuance of Grading or Building Permits, the property Planning Department, owner/developer shall submit to the Planning and Building Planning Services Department notes on plans that indicate that during construction, Division should groundwater be encountered and require extraction, any extracted groundwater will be managed in accordance with the National Pollutant Discharge Elimination System (NPDES)permit for construction dewatering, in accordance with existing regulations. The NPDES permit will require monitoring of volatile organic compound concentrations in the extracted groundwater per the Monitoring and Reporting Program developed at the time of issuance of a NPDES permit. Prior to the issuance of Building Permits,the property owner/developer shall submit to the Planning and Building Department a memorandum or report indicating whether construction dewatering was requiring during site preparation and grading. If construction dewatering is necessary, the Monitoring and Reporting Program and memorandum or report shall identify whether effluent concentrations at the end of dewatering increased compared to the initial concentrations. The Monitoring and Reporting Program and memorandum or report shall be submitted to the Planning and Building Department. If the effluent concentrations at the end of dewatering increased compared to the initial concentrations, the Planning and Building Department shall require that the property owner/developer retain a qualified environmental professional to reevaluate the potential human health risk under the residential scenario based on the effluent VOC concentrations at the end of dewatering. If the qualified environmental consultant determines that the potential human health risk under the residential scenario exceeds de minimis thresholds of one in a million for cancer risk or the non-cancer hazard index risk value of 1.0, the property owner/developer shall be responsible for informing the Planning and Building Department and Santa Ana Regional Water Quality Control Board in writing of the discovery. The property owner/developer shall be responsible for coordinating with the qualified environmental consultant to ensure that the vapor mitigation noted in Mitigation Measure(MM- )HAZ-4 is designed to sufficiently mitigate vapor impacts to human health and safety of future occupants at the Project Site.MM-HAZ- 3 13 Prior to the issuance of Grading and Building Permits,the property Planning Department, owner/developer shall submit plans to the Planning and Building Planning Services Department, showing that the property owner/developer has Division incorporated at least one of following options into the Proposed Project: - 10 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Option A: Limiting vapor intrusion into future residences through use of a well-ventilated ground-level garage that is not intended for human occupation; or • Option B: Installation of a sub-slab liner/passive ventilation to limit vapor intrusion to the future residences. MM-HAZ-4 14 Prior to issuance of Grading or Building Permits, the property Planning Department, owner/developer and/or its construction contractor, shall submit Planning Services plans to the Planning and Building Department with notes Division indicating compliance with the following measures during construction: Construction activities shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m. In the event that construction is required to extend beyond these times, extended hours permits shall be required. Pumps and associated equipment(e.g.,portable generators)shall be shielded from sensitive uses using local temporary noise barriers or enclosures, or shall otherwise be designed or configured so as to minimize noise at nearby noise-sensitive receivers. Staging of construction equipment shall not occur within 20 feet of any noise-or vibration-sensitive land uses. All noise-producing equipment and vehicles using internal combustion engines shall be equipped with mufflers; air-inlet silencers where appropriate;and any other shrouds,shields,or other noise-reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc-welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. All mobile or fixed noise-producing equipment used for the Project that are regulated for noise output by a local,state,or federal agency shall be in compliance with regulations. Idling equipment shall be kept to a minimum and moved as far as practicable from noise-sensitive land uses. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise- sensitive receptors. The use of noise-producing signals, including horns, whistles, alarms, and bells, shall be used for safety warning purposes only. MM-NOI-1 - 11 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 Prior to issuance of Grading and Building Permits, the property Planning Department, owner/developer shall submit evidence to the Planning and Planning Services Building Department that effective communication with local Division residents will be maintained prior to and during construction. Specifically, the property owner/developer or their representative shall inform local residents of the schedule, duration, and progress of the construction. Additionally, the property owner/developer shall provide residents contact information for noise- or vibration- related complaints. Evidence of compliance may include copies of letters and mailing lists for adjacent property owners and residents, photographs of posting of information on site, or any other such information as deemed compliant by the Planning and Building Director and/or his/her designee. MM-NOI-2 16 Prior to the commencement of any grading and/or construction Planning Department, activity, the property owner/developer shall retain a Native Planning Services American Monitor and a copy of the executed contract shall be Division submitted to the City of Anaheim Planning and Building Department. The Tribal monitor 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 trenching, within the Project area. The Tribal Monitor 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 on-site monitoring shall end when the Project Site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the Project Site has a low potential for impacting Tribal Cultural Resources. Upon discovery of any archaeological resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Tribal monitor 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 - 1 2 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 California Public Resources Code 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, it shall be offered to a local school or historical society in the area for educational purposes. MM-TCR-1 PRIOR TO ISSUANCE OFA BUILDING PERMIT 17 The property owner shall irrevocably offer to dedicate in a signed Public Works deed to the City of Anaheim an easement consisting of a ROW Department, corner cut-back at Ball Road and Western Avenue for road, public Development Services utilities, and other public purposes in compliance with City Standard 110-B based on the ultimate curb location. 18 The developer shall pay all applicable development impact fees Public Works required under the Anaheim Municipal Code. Department, Development Services 19 After the grading permit is issued and once the pad grading is Public Works completed, the following items must be submitted (to the Public Department, Works Engineering Front Counter) for review and approval: Development Services 1. Any revisions to the original grading plan related to the building pad. 2. Two (2) copies of the interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report needs to include a site plan showing the compaction testing locations. 3. The original and two(2)copies of a letter of certification for the building pads from the project's Civil Engineer of Record using City's Exhibit D, which can be found at: http://www.anaheim.net/DocumentCenter/View/207 At the time the required items indicated above are submitted, the PW permit technician will schedule a pad certification verification inspection for the next available business date with the Public Works Inspector. Once the Public Works - 13 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Inspector approves the pad verification inspection and the submitted documents are reviewed and approved, then the Building Permit will be signed off by Public Works Development Services if all comments on the building plans have already been addressed. 20 The developer shall submit street improvement plans,obtain a right Public Works of way construction permit, and post a security (Performance and Department, Labor & Materials Bonds) in an amount approved by the City Development Services Engineer and in a form approved by the City Attorney for the construction of all required off-site and public improvements within the City street right of way of Ball Road and Western Avenue. Improvements shall conform to City Standard Detail 160-A per current Master Plan and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work as well as the proposed catch basin relocation. If there will be multiple street utility cuts, then the entire street shall be resurfaced via 2" grind and cap from edge of gutter to edge of gutter or to centerline/median. Limits to be determined by the Public Works Inspector. 21 A cash-in-lieu payment based on the project engineer's cost Public Works estimate, in an amount determined by the City Engineer to be Department, sufficient to pay for the future street widening along Western Development Services Avenue and street narrowing along Ball Road in compliance with City Standard 160-A per current Master Plan, shall be paid to the City of Anaheim. 22 All Landscape plans shall comply with the City of Anaheim adopted Public Works Landscape Water Efficiency guidelines. This ordinance is in Department, compliance with the State of California Model Water Efficient Development Services Landscape Ordinance(AB 1881). 23 The legal property owner shall submit an application for a Public Works Subdivision Map Act Certificate of Compliance to the Public Department, Works Department, Development Services Division. A Certificate Development Services of Compliance or Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 24 The public catch basins that will be relocated as part of this project Public Works shall have full capture screens and automatic screens on the curb Department, surface(ARS and CPS). Development Services 25 Comply with all applicable requirements of the Anaheim Municipal Public Works Code. Department, Development Services - 14 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 That prior to the issuance of a building permit, plans shall be Public Works submitted showing stop control and left-turn restriction for Department, Traffic southbound approach at Project driveway/Ball Road intersection. Engineering R1-1 (STOP) sign, R3-2 (NO LEFT-TURN) sign, STOP pavement legend, and right-turn arrow pavement legend shall be installed in the southbound traffic direction at the project driveway prior to final building inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 27 That prior to the issuance of the first building permit, street Public Works improvement plans shall be submitted for all traffic related Department, Traffic improvements adjacent to the project site to the Public Works Engineering Department, Development Services Division for review and approval. All improvements shall be installed and completed prior to the first final building and zoning inspection. 28 Prior to the issuance of building permit, the red curbs on Ball Road Public Works and Western Avenue shall be clearly labeled on building plans. Department, Traffic Engineering 29 Prior to the issuance of the first building permit, the applicant shall Public Works coordinate with OCTA Bus Stop and Zones on any operational Department, Traffic impacts to the existing WB Route 46 bus stop at the NE corner of Engineering the ball Road/Western Avenue intersection. 30 That a private water system with separate water service for fire Public Utilities Water protection and domestic water shall be provided and shown on plans Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 31 Per California Water Code,Division 1,Chapter 8,Article 5,Section Public Utilities Water 537-537.5) as amended by Senate Bill 7, water submetering shall Engineering be furnished and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation(including meter billing)of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 32 That all backflow equipment shall be located above ground outside Public Utilities Water of the street setback area in a manner fully screened from all public Engineering streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 33 That all requests for new water services, backflow equipment, or Public Utilities Water fire lines, as well as any modifications, relocations, or Engineering abandonments of existing water services,backflow equipment, and - 15 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 34 The Owner shall irrevocably offer to dedicate to the City of Public Utilities Water Anaheim(i)an easement for all large domestic above-ground water Engineering meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, wallsor 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. 35 That the developer/owner shall submit to the Public Utilities Public Utilities Water Department Water Engineering Division an estimate of the Engineering maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 36 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to Electrical Engineering establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 37 The applicant shall submit final landscape plans for plan check by Planning Department, the Planning Department. The landscape plan shall be determined Planning Services to be in compliance with Municipal Code Standards, including,but Division not limited to: 1. Trees in Front and Street Setback Areas. Trees in the privately owned setback adjacent to a street frontage shall comply with the following provisions. a. A minimum of one(1)tree for every twenty(20) linear feet of street frontage shall be planted in the setback adjacent to the street. b. All required trees shall be a minimum size of twenty- four(24) inch box. - 16 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 2. Layering in Landscape Bands. A hierarchy of plants- from low groundcover and turf at the front of a property, to medium high shrubs farther back, to higher trees near the building setback - shall be considered to create depth and interest, and to highlight building entrances. This "layering" of landscaping shall include bands of plants of varying width, height and color. The use of a landscaped earthen berm may be substituted for low groundcover. A coordinated landscape plan may be provided in place of layering,provided that it presents an integrated theme. 3. The front setback fence/wall shall be setback a minimum of 18"to allow for planting in front to prevent graffiti and soften the appearance of the wall. The wall shall not exceed 36"in height. 38 Prior to issuance of a building permit,the property owner/developer Planning Department, shall submit final design plans,to the City of Anaheim Planning and Planning Services Building Department, specifying that windows in habitable rooms Division will have the following minimum Sound Transmission Class(STC) ratings: • Windows with northern and eastern-facing exposures: 19 STC or greater • Windows with southern and western-facing exposures: 25 STC or greater MM-NOI-3 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 39 Owner shall install an approved backflow prevention assembly on Public Utilities the water service connection(s) serving the property, behind Department, property line and building setback in accordance with Public Water Engineering Utilities Department Water Engineering Division requirements. Division 40 Prior to Final Building and Zoning Inspections, the property Public Works, Traffic owner/developer shall execute and record with the Orange County Engineering Recorder an unsubordinated declaration of Covenants Conditions and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer,Planning Director,and City Attorney,which restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future,an amendment to the CC&R's approved by the City Engineer,Planning Director and the City Attorney's office 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. - 17 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 That prior to final building and zoning inspection,the red curb shall Public Works, Traffic be installed as shown on building plans. Engineering 42 Prior to the final building and zoning inspections of each Public Works, Streets development, the property owner/developer shall submit Project and Sanitation plans and a Solid Waste Management Plan to the Streets and Sanitation Division of the Public Works Department for review and approval to ensure that the plans comply with AB 939,and the Solid Waste Reduction Act of 1989, and the County of Orange and City of Anaheim Integrated Waste Management Plans as administered by the City of Anaheim to the maximum extent feasible,which shall be determined by the Streets and Sanitation Division. Implementation of said plans shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on-site recycling facilities. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City or governing agency. MM-UTL-1 43 Prior to connection of electrical service, the legal owner shall Public Utilities, provide to the City of Anaheim a Public Utilities easement with Electrical Engineering dimensions as shown on the approved utility service plan. 44 Prior to connection of electrical service, the legal owner shall Public Utilities, submit payment to the City of Anaheim for service connection fees. Electrical Engineering OPERATIONAL CONDITIONS 45 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, Department, public utility easement or City easement area including but not limited Water Engineeri• ng to colored concrete, bricks, pavers, stamped concrete, walls, Division 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. 46 All required on-site Water Quality Management Plan, sewer, storm Public Works, drain and public right of way improvements shall be completed, Development Services operational, and are subject to review and approval by the Construction Services Inspector. 47 All remaining fees/deposits required by Public Works department Public Works, must be paid in full. Development Services - 18 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 48 The developer shall improve Ball Road and Western Avenue per the Public Works, latest City of Anaheim Public Works requirements, approved traffic Development Services study requirements, and as approved by the City Engineer. All public improvements shall be constructed by the developer, inspected and accepted by Construction Services. 49 Record Drawing Plans shall be submitted for review and approval to Public Works, the Department of Public Works, Development Services Division. Development Services 50 The applicant shall be responsible for maintaining the area adjacent Planning Department, to the premises over which they have control, in an orderly fashion Code Enforcement through the provision of regular maintenance and removal of trash Division or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 51 All new landscaping shall be installed in conformance with Chapter Planning Department, 18.46 "Landscape and Screening" of the Anaheim Municipal Code Planning Services and shall be maintained in perpetuity. Landscaping shall be Division replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 52 All lease agreements between the property owner/manager and Planning Department, tenants shall include a provision stating that all parking spaces shall Planning Services remain open and available for the parking of vehicles at all times. Division This provision shall be overseen by an on-site resident manager. GENERAL CONDITIONS 53 Vehicle gates shall not be installed across the project driveways or Public Works, Traffic access roads without providing a vehicle turnaround area to the Engineering satisfaction of the City Engineer. 54 The following minimum clearances shall be provided around all new Public Utilities Water and existing public water facilities(e.g.service laterals,meters,meter Engineering boxes,backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 55 No public water main or public water facilities shall be installed in Public Utilities Water private alleys or paseo areas. Engineering 56 No public water mains or laterals allowed under parking stalls or Public Utilities Water parking lots. Engineering 57 All fire services 2-inch and smaller shall be metered with a UL listed Public Utilities Water meter, Hersey Residential Fire Meter with Translator Register, no Engineering equals. - 19 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 58 Conditions of approval related to each of the timing milestones above Planning Department, shall be prominently displayed on plans submitted for permits. For Planning Services example,conditions of approval that are required to be complied with Division prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans,landscape irrigation plans,and fire and life safety plans, etc. 59 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 60 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as"Indemnitees")from any Division and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 61 The property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department Division and as conditioned herein. 62 If skeletal remains are uncovered during construction activities, all Planning Department, work shall stop immediately and the construction supervisor in Planning Services charge at the Project Site shall notify the County Coroner of the find Division immediately,in conformance with the California Health and Safety Code, Section 7050.5. No further disturbance shall occur until the County Coroner makes a determination of origin and disposition pursuant to California Public Resources Code, Section 5097.98. If the human remains are determined to be prehistoric, the County Coroner shall notify the Native American Heritage Commission, which shall notify a most likely descendant. The most likely descendant shall complete the inspection of the site within 48 hours of notification and may recommend scientific removal and nondestructive analysis of human remains and items associated - 20 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT with Native American burials subject to City approval. MM-CUL- 1 - 21 - 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. 2021-021 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of March, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Diaz, Brandman, Valencia and O'Neil NOES: Mayor Pro Tern Faessel ABSENT: None ABSTAIN: Council Member Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of March, 2021. CITY LERK OF THE CITY OF ANAHEIM (SEAL)