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PC 2021/08/16.pdf City of Anaheim Planning Commission Agenda Monday, August 16, 2021 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Natalie Meeks • Chairperson Pro-Tempore: Dave Vadodaria • Commissioners: Kimberly Keys, Lucille Kring, Rosa Mulleady, LuisAndres Perez, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Workshop on the 2021-2029 Housing Element Update • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, August 12, 2021, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net August 16, 2021 Page 2 of 5 ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net, no later than 8:00 a.m. on the day of the scheduled meeting. APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. August 16, 2021 Page 3 of 5 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2020-06086 (DEV2020-00205) Location: 638 North James Place Request: The applicant requests approval of a Conditional Use Permit to increase the number of beds at an existing Senior Living Facility from six beds to nine beds. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Lisandro Orozco LOrozco@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2021-06101 (DEV2021-00004) Location: 1189 South Grove Street Request: The applicant requests approval of a conditional use permit to permit a hazardous waste transfer station in an existing industrial building. Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Nick Taylor njtaylor@anaheim.net August 16, 2021 Page 4 of 5 ITEM NO. 4 GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, AND DEVELOPMENT AGREEMENT NO. 2021-00001 (DEV2020-00180) Location: 2323 West Broadway on the north side of Broadway Request: The applicant requests approval of the following land use entitlements: (i) amend the General Plan land use designation from School to Low-Medium Density Residential; (ii) a Zoning Reclassification from the T (Transitional) to the RM-3 (Multiple-Family Residential) zone; (iii) a conditional use permit to permit the construction of 112 attached, three story, single- family residential units with modified development standards; (iii) a tentative tract map to establish a one-lot, 112-unit condominium subdivision; and (iv) a development agreement for a proposed voluntary financial contribution to support the City’s affordable housing programs. Environmental Determination: The Planning Commission will consider whether a Mitigated Negative Declaration is the appropriate environmental documentation for this request under the California Environmental Quality Act. Resolution No. ______ Project Planner: Nick Taylor njtaylor@anaheim.net Workshop on the 2021-2029 Housing Element Update Adjourn to Monday, August 30, 2021 at 5:00 p.m. August 16, 2021 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5 p.m. August 12, 2021 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ____________________________ ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 8:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 8:00 de la mañana un día hábil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 16, 2021 SUBJECT: CONDITIONAL USE PERMIT NO. 2020-06086 LOCATION: 638 North James Place (Olive Tree Home Care) APPLICANT/PROPERTY OWNER: The applicant is Francisca Diaz with Olive Tree Home Care, LLC. The property is owned by Francisca and Michael Diaz. REQUEST: The applicant proposes a conditional use permit to increase the number of beds at an existing Senior Living Facility from six beds to nine beds. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2020-06086. BACKGROUND: The subject 0.38-acre property is developed with a single-family home. The property is zoned “RS-1” Single-Family Residential and is designated for residential land uses in the General Plan. The property is located within a single-family residential neighborhood and is partially bordered by Adelaide Price Elementary School to the north. PROPOSAL: The applicant requests approval to permit an expansion of an existing Senior Living Facility within a single-family home from six beds to nine beds. The approximately 5,000 square foot single-family home has six bedrooms, an attached two-car garage, a two-car driveway, and operates as a small Senior Living Facility with six beds. The Anaheim Municipal Code (AMC) allows small Senior Living Facilities with six beds or less in residential zones without a conditional use permit. The applicant is proposing to reconfigure approximately 300 square feet of the interior layout of the home to add three new bedrooms and expand the existing two-car garage into a three-car garage. The applicant is not proposing new square footage as a part of this request. In addition, the applicant is proposing to widen the existing two-car driveway to accommodate the expanded three-car garage and provide additional parking. CONDITIONAL USE PERMIT NO. 2020-06086 August 16, 2021 Page 2 of 5 The AMC defines a large Senior Living Facility as a State licensed facility that “…provides care and services on a monthly basis or longer to seven (7) or more persons 60 years of age or older, where varying levels and intensities of care and supervision, protective supervision, personal care, or health-related services are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility.” The applicant is proposing a Senior Living Facility with nine beds to provide for housing and care to nine residents 60 years of age or over with dementia who need care and supervision with varying levels and intensities. Residents receiving care are unable to carry out basic activities of daily living such as movement, feeding, dressing, and personal hygiene. The two property owners will manage operations of the facility 24-hours a day and will reside at the residence. One additional caregiver will be on-site during working hours to assist the property owners. The working hours of the facility are from 7:00 AM to 7:00 PM, seven days a week. Visitors are allowed during working hours and are limited to friends, family, and medical professionals. Visitors are scheduled and no walk-up visitors are allowed. The facility is also subject to a license by the California Department of Public Health. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a Conditional Use Permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The AMC permits Senior Living Facilities (Large) with seven or more beds in the “RS-1” Single-Family Zone subject to approval of a conditional use permit to ensure compatibility with the surrounding area. An analysis of the traffic and circulation, parking, and compatibility is described in more detail below. Traffic and Circulation: The proposed use was reviewed by the City’s Traffic Engineering Section. It was determined that the facility would not have a significant impact on traffic, contingent upon the property operating consistent with the project operation plans as described in the letter of CONDITIONAL USE PERMIT NO. 2020-06086 August 16, 2021 Page 3 of 5 operation (Attachment No. 2). No further traffic impact analysis is required per the current City of Anaheim Criteria for Preparation of Traffic Impact Studies. Based on the above, the traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. Parking: The AMC parking requirements for Senior Living Facilities is 0.8 spaces per bed. The applicant is proposing a Senior Living Facility with nine beds therefore the AMC requires seven parking spaces. The proposed Senior Living Facility will have nine residents receiving care that are unable to drive. The facility will operate with three caretakers, two of which are residents and owners of the property, and one additional caretaker that drives to the facility. Visitors to the site, including friends, family, and medical professionals, are scheduled and no walk-up visitors are allowed. The applicant will limit visitors to no more than one vehicle at any one time. The property currently provides four parking spaces, two in a garage and two tandem to the garage. In order to comply with the seven required parking spaces, the applicant proposes to expand the existing two-car garage into a three-car garage. In addition, the applicant would provide four driveway parking spaces in compliance with the AMC. The seven parking spaces proposed will provide adequate parking on the property to meet the AMC requirements and the parking demands of the facility. Parking Summary Land Use Senior Living Facilities (Large) Parking Required 7 spaces (0.8 spaces per bed) Parking Provided 7 spaces (3 garage, 4 driveway) Based on the analysis above, the proposed expansion of the Senior Living Facility would meet the AMC parking requirements. Compatibility: The proposed expansion of the Senior Living Facility would not adversely impact the adjoining residential land uses because all of the services and operations would be provided inside of the building, and adequate parking would be provided on the property. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination. The proposed project is a request to increase the number of beds within an existing Senior Living Facility, located within an existing single-family home, from six beds to nine beds, without any changes to the footprint of the home. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: The request to increase the number of beds at an existing Senior Living Facility from six beds to nine beds would be compatible with the surrounding residential land uses. Based CONDITIONAL USE PERMIT NO. 2020-06086 August 16, 2021 Page 4 of 5 on the number of beds proposed, the project would meet the AMC required number of parking spaces. The traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. Based on the analysis included in this report, staff recommends that the Planning Commission approve the conditional use permit to increase the number of beds at the existing Senior Living Facility. Prepared by, Submitted by, Lisandro Orozco Niki Wetzel, AICP Associate Planner Deputy Director of Planning and Building Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Operation 3. Project Plans 4. Vicinity Map 5. Aerial Map [DRAFT] ATTACHMENT NO. 1 - 1 - PC2021-*** RESOLUTION NO. PC2021-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2020-06086 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00205) (638 NORTH JAMES PLACE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2020-06086 to permit a Senior Living Facility (Large) within an existing single-family home (the “Proposed Project”), at a certain real property located at 638 North James Place in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.38-acres and is developed with an existing one-story single-family home. The Property is designated for Low Density Residential land uses by the Anaheim General Plan. The Property is also located in the "RS-1" Single-Family Residential Zone and is subject to the zoning and development standards contained in Chapter 18.04 (Single-Family Residential Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 16, 2021 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2020-06086 and to investigate and make findings and recommendation in connection therewith; 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 (Title 14 of the California Code of Regulations; 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, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2021-*** WHEREAS, this Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit 2020-06086, does find and determine the following: 1. The Proposed Project is an allowable use within the "RS-1" Single-Family Residential Zone under subsection .010 of Section 18.04.030 (Uses) of Chapter 18.04 (Single-Family Residential Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "RS-1" Single-Family Residential Zone. 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located, because the Senior Living Facility (Large) would be located within an existing single-family home and would be compatible with the surrounding residential and institutional land uses. Further, the project would meet the Anaheim Municipal Code required number of parking spaces, traffic generated by the proposed use would not impose an undue burden on streets and highways in the area, and adequate on-site circulation and access would be provided. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the proposed use would occur within an existing building without any new square footage, and accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that any potential impacts on the surrounding uses would be minimal; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2020-06086, contingent upon and subject to the conditions of approval set forth in Exhibit B attached - 3 - PC2021-*** hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2020-06086 is applicable 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 16, 2021. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2021-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Laverne Ortiz, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 16, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of August, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2021-*** - 6 - PC2021-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2020-06086 (DEV2020-00205) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 Construction plans shall be submitted to the Building Division for review and issuance of any future building permit(s). Construction plans shall comply with California Building Codes, as adopted and in effect at time of plan submittal. Building codes in effect, including local amendments, as of January 1, 2020: 2019 California Building Code (’19 CBC); 2019 California Plumbing Code (’19 CPC); 2019 California Mechanical Code (’19 CMC); 2019 California Electrical Code (’19 CEC); 2019 California Residential Code (‘19 CRC); 2019 California Energy Code (’19 Energy); and 2019 California Green Building Standards Code (‘19 CGBSC). Planning and Building Department, Building Division 2 The construction plans submitted to the Building Division shall verify that all bedrooms have emergency escape and rescue openings complying with CRC Section R310. Planning and Building Department, Building Division 3 Upon change of use to an R2.1, the appropriate requirements for the most currently adopted codes and standards shall apply. This will require the structure to be retrofitted with automatic fire sprinklers and fire alarm system. Fire and Rescue, Community Risk Reduction Division 4 The Applicant shall obtain additional licensing with the State of California Department of Social Services to increase the capacity from six beds to nine beds. An 850 fire clearance inspection separate from any building or fire permits shall be required. Fire and Rescue, Community Risk Reduction Division 5 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Applicant shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities; Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS - 7 - PC2021-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The Applicant shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Department, Water Engineering Division 7 The Applicant shall execute and record with the Orange County Recorder a covenant, approved by the City of Anaheim, satisfactory to the Planning Director and the City Attorney, that requires, upon cease of operation of the senior living facility and restoration of the home as a residence, the reduction of the number of bedrooms for compliance with subsection .040 of Section 18.42.030 (Residential Parking Requirements) of the Anaheim Municipal Code. Subsequent amendments shall be submitted to the City of Anaheim for review and approval. Planning and Building Department, Planning Services Division GENERAL 8 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities Department, Water Engineering Division 9 Ongoing during project operations, resident’s pick-up/drop-off shall be performed on site and shall not take place on any part of the public right of way. Public Works Department, Traffic Engineering 10 All vehicles associated with this facility, including staff and residents’ vehicles, shall be operable and parked on-site. Parking garage and on-site parking area of this facility shall be available for vehicle parking. Public Works Department, Traffic Engineering 11 This property shall not be eligible to participate in the City’s Residential Permit Parking Program under this Conditional Use Permit. Should residential permit parking be pursued for Permit Parking District 155 during project operation, the street frontage immediately in front of the property on North James Place shall not become permit parking, nor will this property be eligible to vote or purchase parking permits. Public Works Department, Traffic Engineering 12 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division - 8 - PC2021-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees 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. Planning & Building Department, Planning Services Division 14 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning & Building Department, Planning Services Division 15 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Division. Planning & Building Department, Planning Services Division LETTER OF OPERATION June 28, 2021 INTRODUCTION Olive Tree Home Care (OTHC) LLC is currently operating a Residential Care Facility for the Elderly (RCFE) for up to 6 residents. The goal of this development project is to seek approval (CUP) for up to 9 residents. The operations are essentially the same for both a capacity of 6 and a capacity of 9; therefore this letter sufﬁces for both current and proposed capacities operationally. The total number of employees is 3. Michael and Francisca Diaz are the husband and wife team, the 2 live-in caregivers, providing 24/7 support. There is 1 additional commuting caregiver, whose shift is from 7am - 7pm on a daily basis. DESCRIPTION and DEFINITIONS According to California Health and Safety Code section 1569.2, Olive Tree Home Care LLC (OTHC) is a “Residential care facility for the elderly”. “Residential care facility for the elderly” means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in a residential care facility for the elderly as speciﬁed in Section 1569.316 of the California Health and Safety Code. The above deﬁnition includes those persons that are suffering from dementia and therefore need to be protected from self-harm. According to the National Institutes of Health (NIH) activities of daily living (ADLs) are deﬁned as: Basic ADLs The basic ADL include the following categories: •Ambulating: The extent of an individual’s ability to move from one position to another and walk independently. •Feeding: The ability of a person to feed oneself. •Dressing: The ability to select appropriate clothes and to put the clothes on. Page of 1 4 Attachment 2 •Personal hygiene: The ability to bathe and groom oneself and to maintaining dental hygiene, nail and hair care. •Continence: The ability to control bladder and bowel function •Toileting: The ability to get to and from the toilet, using it appropriately, and cleaning oneself. Instrumental ADLs The instrumental ADLs are those that require more complex thinking skills, including organizational skills. •Transportation and shopping: Ability to procure groceries, attend events Managing transportation, either via driving or by organizing other means of transport. •Managing ﬁnances: This includes the ability to pay bills and managing ﬁnancial assets. •Shopping and meal preparation. ie everything required to get a meal on the table. It also covers shopping for clothing and other items required for daily life. •Housecleaning and home maintenance. Cleaning kitchens after eating, maintaining living areas reasonably clean and tidy, and keeping up with home maintenance. •Managing communication with others: The ability to manage telephone and mail. •Managing medications: Ability to obtain medications and taking them as directed. Non-ambulatory persons cannot ambulate – which signiﬁes that they cannot move from one position to another. Such persons cannot walk. They cannot lift themselves to get out of bed into a wheelchair or get out of a chair and into a wheelchair, or vice versa. As such, by deﬁnition, such persons cannot move about the facility, or enter or leave the facility, on their own. With regards to the above, only a few of our residents can feed themselves, or handle a phone. None of our residents are capable of any of the other the ADLs or IADLs including ambulation and transportation. Page of 2 4 Also, our residents are either too elderly to carry out these ADLs or IADLs, or are constrained by stroke or dementia or other health or geriatric condition. Referring to our State RCFE license (see attached) all residents are non-ambulatory. As per our State of California, Department of Social Services License page, we are listed as: AGE RANGE 60 AND OVER 6 NON-AMBULATORY RESIDENTS. APPROVED HOSPICE WAIVER FOR 6. Client Groups Served: RCFE / Dementia. Our current facility is licensed for 6 residents. As such, 100% of our residents are non- ambulatory residents. We do not have ambulatory residents. We are seeking to expand our State RCFE license to 9 non-ambulatory residents. Therefore 100% of our residents will also be non- ambulatory upon expansion. SCHEDULE Since residents cannot perform the ADLs, the caregivers are very busy caring for the needs of the residents. Therefore, we only schedule visitors and do not permit walk-ins. And we only schedule one visit at a time, because we are so busy, and also because we only have 1 administrator/caregiver, Francisca, that attends to visitors when they are allowed to come. The others are occupied with cooking, cleaning, laundry, feeding, bathing, resident activities (group activities/games and/or individual pastimes), etc. Scheduling is required to maintain the daily routine of the facility. Visitations from friends, family and medical persons are scheduled, as opposed to "drop in”. There are times during the day that visitors are not allowed – for example in the morning while residents are woken up, clothed, showered, diaper changed, and their breakfast is cooked and then fed to them, and then their dishes and all cooking utensils are cleaned and put away. This typically occurs from 7-10am. Also during the 1 hour lunch and 1 hour dinner time – we do not accept visitors. The work day is from 7am – 7pm, 7 days a week, therefore visitors are allowed to come for up to 7 of those 12 hours. Visitors may include the following types of persons – doctor, nurse, CNA (bathe and dress), family members, and friends. Page of 3 4 ACTIVITY PROGRAM OTHC LLC’s activity program includes cognitive / mental stimulation (ex. arts and crafts) physical activities (chair exercises), social activities (ex. group games), outdoor activities (sitting on patio, watering plants if able), all based on the individual’s cognitive and physical skills. RESIDENT - MEDICAL - FAMILY RELATIONS As our facility is an RCFE, our residents are very limited physically, and do not travel. As Medicare recipients, they typically receive home health care, palliative care, or hospice care and all such care is provided in the facility. Residents to not go out for those services. All family members and friends come and visit the residents at the facility. Residents do not go to visit their friends or family. Should a resident be physically capable of handling the stress of being transported out of the facility, or if there is a speciﬁc medical or dental need (visit to the dentist) not covered by home health or palliative / hospice care, then a 3rd party transport company (with wheelchair lift capability) and paid escort person (for transfers in and out of wheelchair) are hired to take the resident to their appointment and back. Regards, Francisca Diaz, Owner Olive Tree Home Care LLC Page of 4 4 June 3, 2021Attachment 3 June 3, 2021 “CLEAN” S I T E PLAN June 3, 2021 June 3, 2021COLORED LANDSCAPE PLANNote: T h e r e i s n o n e w l a n d s c a p i n g associated with this project RS-1DEV 2020-00205 SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE C-GPARKING LOT RS-1RELIGIOUS USE RS-1WESTMONTELEMENTARY SCHOOL TPRICEELEMENTARY SCHOOL C-GANAHEIM PLAZASHOPPING CENTER RM-4MONTE VERDEAPTS150 DU RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE RS-1SINGLE FAMILY RESIDENCE R S - 1 S I N G L E F A M I L Y R E S I D E N C E RS-1SINGLE FAMILY RESIDENCE R S - 1 S I N G L E F A M I L Y R E S I D E N C E N L O A R A S T W N O RT H ST W WESTMONT D R N L A N C E R D R W JAMES WAY W PAR K AVE N L O A R A S T W JAN EEN W AY N B R E N T H A V E N P L W. LA PALMA AVE W. N . H A R B O R B L V D N . E U C L I D S T W. LINCOLN AVE W. BROADWAY S . E U C L I D S T W. ROMNEYA DR N . A N A H E I M B L V D W.LINCOLN A V E W. LINCOLN AVE W. BROADWAY 638 North James Place DEV No. 2020-00205 Subject Property APN: 036-261-25 °0 50 100 Feet Aerial Photo:May 2020 N L O A R A S T W N O RT H ST W WESTMONT D R N L A N C E R D R W JAMES WAY W PAR K AVEN L O A R A S T W JANE E N WAY N B R E N T H A V E N P L N J A M E S P L W. LA PALMA AVE W. N . H A R B O R B L V D N . E U C L I D S T W. LINCOLN AVE W. BROADWAY S . E U C L I D S T W. ROMNEYA DR N . A N A H E I M B L V D W.LINCOLN A V E W. LINCOLN AVE W. BROADWAY 638 North James Place DEV No. 2020-00205 Subject Property APN: 036-261-25 °0 50 100 Feet Aerial Photo:May 2020 August 13, 2021 Ref: Conditional Use Permit No. 2020-06086 (DEV2020-00205) Please include the following as my statement for Agenda Item No. 2 on the Planning Commission Agenda for Monday, August 16, 2021. My husband and I have lived in the neighborhood since June 2010. Prior to the Public Hearing Notice posted on our street corner, I was completely unaware of the business (Olive Tree Home Care, LLC) being operated at . So the idea of increasing the number of beds from six to nine is overwhelming. I briefly met the owners at a neighborhood meeting a few years back when we were battling a short-term rental situation at They were as concerned as everyone else about the havoc the short-term rental was creating in our neighborhood. So I was very surprised by this Public Hearing Notice. Based on the multiple cars I see parked near their home, I honestly thought they had a very large family, or an abundance of gatherings and parties. Their facility is one of three residences surrounding a tight cul de sac already offering limited parking for each property. My concern with granting this Conditional Use Permit at their Senior Living Facility is the added parking congestion it will create with more visitors to the property. This is now the 3rd business in our neighborhood, I’m aware of, and it is extremely disappointing. It is my understanding there is already a facility at 1438 W. Janeen Way for people transitioning out of homelessness or institutionalization and another at Drive for mentally disable individuals. What’s next? It’s troubling to think of the affect these businesses have on our residential neighborhood, as well as our selling power in the future. That being said, please accept this letter as my opposition to the Planning Commission granting the aforementioned Conditional Use Permit. Respectfully, Brenda S. Rich bsr From:Barbara Santa Maria - Pfister To:Lisandro Orozco Subject:[EXTERNAL] Public Hearing today, AUGUST 16 Date:Monday, August 16, 2021 11:44:48 AM I am the neighbor living directly across the street from the proposed 9 bed project. All of us have our dreams for the future. I have mine also. I am going through final stages to be a temporary home, on a volunteer basis to children in emergency situations. I will be able to have several children at any given time from 1 day to several months. Situations include problems with many different faces: child abuse whether it be verbal, corporal or sexual, children whose parents have turned them over temporarily because of their homelessness, financial hard times, illness or dangerous living conditions for their children. There are many more reasons, unfortunately too many to count. I would love for these children to have a peaceful, quiet neighborhood to regroup in. That will be extremely difficult if this project comes to fruition. It has been very quiet for the last year and a half because of the Pandemic. I remember before the Pandemic though. It wasn't so quiet. You must remember this is a very small cul-de-sac with only 5 houses on it. The traffic and parking problems that came with a 6 bed facility were pretty bad, let alone a 9 facility bed, to name a few: Workers coming and going, Therapists coming and going, Amazon trucks, UPS trucks, Visitors to the facility, trucks that deliver medical supplies (wheelchairs, oxygen tanks) which come and go, ambulances, firetrucks, police cars which have been at the house on many occasions, garbage trucks that have to turn around in this cul-de-sac and if that isn't enough ,,,, people that are just lost and have to turn around in the cul-de-sac. The family themselves have a single lane driveway with at least 5 cars all backed in together where people have to move their cars to get in and out. If this passes, I have no doubt they will be parking on the street as they did in the past. This is way too much activity for a 5 house, short cul-de-sac. We have other children living in the cul-de-sac as well as the children from my own home. There are also several grandchildren living a few houses down. Children and adults ride bicycles in the cul-de-sac and balls roll into the street. I am very worried about a horrible accident happening. Another consideration is that there are two elementary schools in close proximity to LANCER and WESTMONT STREETS. Many children and their moms or simply children by themselves will be crossing the streets at that point. Warning: This email originated from outside the City of Anaheim. Do not click links or open attachments unless you recognize the sender and are expecting the message. From:Lisandro Orozco To:Laverne Ortiz; Simonne Fannin Subject:FW: [EXTERNAL] Fwd: Conditional use permit no. 2020-06086 Date:Monday, August 16, 2021 3:10:52 PM Laverne and Simonne, I was just forwarded a new email of opposition for Item No. 2. It is after 1:30 pm so I will leave it up to you if this will be printed and provided in person or provided electronically to the Commissioners. Thank you, Lisandro Orozco Anaheim Planning Department Associate Planner E-mail: Lorozco@anaheim.net Phone: (714) 765-5381 Anaheim’s Development Activity Map - Andy’s Map From: Reatha Parker <reas68@aol.com> Sent: Monday, August 16, 2021 3:06 PM To: Lisandro Orozco <LOrozco@anaheim.net> Subject: [EXTERNAL] Fwd: Conditional use permit no. 2020-06086 Sent from my iPhone Begin forwarded message: From: Reatha Parker <reas68@aol.com>Date: August 16, 2021 at 11:16:07 AM PDTTo: Orozco@anaheim.netCc: Reas68 <reas68@aol.com>Subject: Conditional use permit no. 2020-06086 Please confirm you received To: Lisandro Orozco I am the owner of , Anaheim, CA 92801. I amopposed to the current application to increase the number of bedsfrom six to nine at 638 N James Pl. This property is directly locatedbehind my house. The increasing number of beds is completelyinconvenient to me and my fellow neighbors. I have already noticed an increased number of cars in the evening thatwould suggest more than the number of current beds. To even thinkof having more beds which would mean more cars would becatastrophic to the neighborhood. Many of us have lived here formany years and have sacrificed a life time worth of work, time, andmoney to live here. I have certainly worked hard to be able to live Item No. 2New Correspondence After 1:30pm neighborhood into something that doesn’t feel quite like home. Strangers oftencoming and going. Excessive cars parked in the neighborhood, people sitting in their cars leaving their trash behind. I can’t imagine allowing more people to livein a home together during a pandemic. This will only drive people out of the neighborhood, drive families away, less children attending local schools, loss of more tax revenue. For us, mostimportantly, the loss of our American dreams. I don’t oppose of these assistant sensor homes, but it has to be zoned correctly. This one property is having such alarge effect on the entire neighborhood, this should not pass, should not even be allowed in this neighborhood. We need to preserve these pockets of gorgeousAnaheim neighborhoods and zone these sensor living homes somewhere else. Thank you for your consideration, and taking the time to hear from my perspective and someone that has to live here and raise my small children. I use tobe able to leave the garage door open. That is no longer the case. Tin HaSoCal Collision Center 1282 W 1st StPomona, CA 91766 Shop 909-267-4561Fax 1-888-506-5602 Warning: This email originated from outside the City of Anaheim. Do not click links oropen attachments unless you recognize the sender and are expecting the message. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING & BUILDING DEPARTMENT DATE: AUGUST 16, 2021 SUBJECT: CONDITIONAL USE PERMIT NO. 2021-06101 LOCATION: 1189 North Grove Street APPLICANT/PROPERTY OWNER: The applicant is Triumvirate Environmental Services, Inc., represented by Justin Harsthorn; and the property owner is Grove Construction, represented by Robin L. Hardy. REQUEST: The applicant requests approval of a conditional use permit (CUP) to permit a hazardous waste transfer station within a portion of an existing industrial building. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt under the California Environmental Quality Act (Class 1, Existing Facilities), and approving Conditional Use Permit No. 2021-06101. BACKGROUND: The subject one-acre property is developed with an approximately 18,000 square foot industrial warehouse building. The property is located in Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1), and is designated for Industrial land uses by the General Plan. The property is located approximately 1,100 feet north of La Palma Avenue and is surrounded by various industrial and warehouse uses to the north, south, east, and west. Suites B and C in the subject building are currently used by Triumvirate Environmental Services as a warehouse for storage of equipment and an accessory office. The vehicle storage area north of suites B and C is used for on-vehicle hazardous waste storage; no hazardous waste is currently unloaded from the trucks at this location. The adjacent 10,700 square foot suite A is used for manufacturing and warehousing by another tenant. PROPOSAL: The applicant proposes to permit a hazardous waste transfer station for short term storage of hazardous waste within the within the 8,000 square foot space comprised of suites B and C, and would include approximately 600 square feet of accessory office use. There would be outdoor truck and trailer parking to the north of the building that would continue to operate as it currently functions. The waste material would be stored in sealed containers for up to ten days to allow material from multiple clients to be reorganized for building more effective truckloads for shipment to an end disposal facility (i.e. landfill or incinerator). The use would require five employees and no guests are permitted on site. Deliveries would be coordinated and scheduled with on-site personnel to ensure efficient delivery operations. CONDITIONAL USE PERMIT NO. 2021-06101 August 16, 2021 Page 2 of 4 SITE PLAN/FLOOR PLAN FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a Conditional Use Permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. CONDITIONAL USE PERMIT NO. 2021-06101 August 16, 2021 Page 3 of 4 The Anaheim Municipal Code (“AMC”) permits “Warehousing & Storage-Enclosed” In Development Area No. 1 of the Anaheim Canyon Specific Plan by right. However, this classification does not include the storage of hazardous materials. The applicant’s request for a hazardous materials waste transfer station is not a use listed in the AMC. The AMC allows the Planning and Building Director to authorize unlisted uses subject to approval of a CUP. The Planning and Building Director has determined that this use may be approved by CUP to ensure compatibility with the surrounding area and uses. An analysis of the traffic and circulation, parking, and compatibility is described in more detail below. Traffic/Circulation: The proposed use was reviewed by the City’s Traffic Engineering Section. It was determined that the facility would not have a significant impact on traffic. Adequate circulation would be provided on-site for trucks and trailers, as well as loading and unloading. No further traffic impact analysis is required. In addition, fire truck and emergency service access was deemed adequate by the Fire and Rescue Department. Traffic has recommended a condition requiring the existing gate to remain open during business operations to ensure adequate circulation would be provided. Based on the above, the traffic generated by the proposed use would not impose an undue burden on streets and highways in the area. Parking: There is an existing outdoor storage area that is located within existing parking spaces. The applicant proposes to remove the outdoor storage and keep all parking spaces open for parking. Staff has included a condition of approval to reflect this requirement to maintain designated parking spaces open for required parking. The AMC requires 1.55 spaces per 1,000 square feet of gross floor area for warehousing, storage, and industrial uses. The parking requirements for the proposed use in conjunction with the existing use would require 29 parking spaces and 29 spaces are proposed. Accordingly, the project would meet the AMC parking requirements. Compatibility: The hazardous waste storage would not adversely impact adjoining industrial land uses because the proposed use would be similar to the existing warehousing and storage operations, which have not caused any known adverse impacts, and because the majority of operations would occur inside the building. The Building Division and Fire and Rescue Department have reviewed the proposed project in relation to life safety and other Building and Fire Code requirements for hazardous waste storage and determined the proposal would meet all applicable requirements subject to approval of applicable permits. Staff does not anticipate that the storage of hazardous waste would cause any adverse impacts to surrounding uses subject to the draft conditions of approval. These conditions will ensure that the business would operate in a manner that is compatible with the surrounding land uses. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination. The proposed project is a request for approval of hazardous waste transfer facility CONDITIONAL USE PERMIT NO. 2021-06101 August 16, 2021 Page 4 of 4 within an existing industrial building. The applicant has provided documentation (Attachments 4 & 5) on the federal and state law requirements for the handling of the associated hazardous waste materials. The applicant has documented that the site is neither on a list compiled pursuant to Section 65962.5 of the Government Code (related to the identification of hazardous waste sites) or would qualify for such list with the approval of the proposed project. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment. Therefore, the proposed project would be categorically exempt from the provisions of CEQA. CONCLUSION: The request to permit a hazardous waste transfer facility within a portion of an existing industrial building would be compatible with the surrounding warehouse and industrial land uses. The project would meet the AMC required number of parking spaces, traffic generated by the proposed use would not impose an undue burden on streets and highways in the area, and adequate on-site circulation and access would be provided. Under the conditions imposed, the proposed use would not be detrimental to the health and safety of the citizens of the City of Anaheim. Based on the analysis included in this report, staff recommends that the Planning Commission approve the conditional use permit for the proposed hazardous waste transfer business. Prepared by, Submitted by, Nick Taylor, AICP Niki Wetzel, AICP Senior Planner Deputy Director of Planning and Building Attachments: 1. Draft Conditional Use Permit Resolution 2. Project Plans 3. Applicant Letter of Operation 4. Triumvirate Health and Safety Program 5. Emergency Response and Contingency Program [DRAFT] ATTACHMENT NO. 1 - 1 - PC2021-*** RESOLUTION NO. PC2021-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2021-06101 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00004) (1189 NORTH GROVE STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2021-06101 to permit a waste transfer storage facility within a portion of an existing industrial building (the “Proposed Project”), at a certain real property located at 1189 North Grove Street in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately one acre and is currently developed with an approximately 18,000 square foot warehouse building and surface parking area. The Property is designated for Industrial land uses by the Anaheim General Plan. The Property is also located in Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1) and is subject to the zoning and development standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 16, 2021 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2021-06101 and to investigate and make findings and recommendation in connection therewith; 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 (Title 14 of the California Code of Regulations; 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, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2021-*** WHEREAS, this Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit 2021-06101, does find and determine the following: 1. Pursuant to subsection 18.66.040.020.0201 of Chapter 18.66 (Conditional Use Permits), if a use is not authorized or mentioned in any zone throughout the City, and the Planning Director has determined that the use does not fit into an existing use class as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), the use or type of development may be authorized by conditional use permit until such time as this Code is amended. Therefore, the Planning Director has determined that the Proposed Project is an allowable use within Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1) under subsection .010 of Section 18.120.040.010 (Primary Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) of the Code, subject to a conditional use permit and the zoning and development standards of the Anaheim Canyon Specific Plan (SP 2015-1). 2. That the proposed hazardous waste transfer facility would not adversely impact adjacent industrial and warehouse land uses because the proposed use would be similar to the existing warehousing and storage operations, which have not caused any known adverse impacts of the area in which it is proposed to be located, and because the majority of operations would be provided inside the building. Further, the project would meet the AMC required number of parking spaces, and Building and Fire Code requirements; traffic generated by the proposed use would not impose an undue burden on streets and highways in the area, and adequate on-site circulation and access would be provided. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the proposed use would occupy an existing building without any expansion, and accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that any potential impacts on the surrounding uses would be minimal; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial - 3 - PC2021-*** evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2021-06101, contingent upon and subject to 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 that portion of the Property for which Conditional Use Permit No. 2021-06101 is applicable 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, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 16, 2021. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. - 4 - PC2021-*** CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Laverne Ortiz, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 16, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of August, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2021-*** - 6 - PC2021-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2021-06101 (DEV2021-00004) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The applicant shall provide plans indicating all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Department, Water Engineering Division 2 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted by the applicant through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 3 The applicant shall ensure that all existing water services and fire services conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded by the applicant if continued use is necessary, or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 4 The applicant shall provide plans in accordance with all California Building Code (CBC) and California Fire Code (CFC) requirements for permit issuance. Any fire permits which include fire sprinklers, fire alarm, chemical classification review, etc. shall be submitted directly to the Anaheim Fire Department. Anaheim Fire Department, Community Risk Reduction Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 The applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. Police Department, Planning & Research Unit - 7 - PC2021-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The applicant shall complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. Police Department, Planning & Research Unit 7 DOORS: 1. All exterior doors to have adequate security hardware, e.g. deadbolt locks. 2. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. 3. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. 4. Overhead roll-up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 5. Any exterior restroom doors which are made available to the public before, during or after any events shall not utilize any locking mechanism on the interior of the door which prevents the use of a key by school officials to gain entry during an emergency (I.e., slide latch, surface bolt, etc.) Police Department, Planning & Research Unit 8 PARKING LOTS/STRUCTURES: 1. Minimum recommended lighting level in all parking lots is .5 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 2. “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. 3. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. Police Department, Planning & Research Unit - 8 - PC2021-*** 9 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering GENERAL 10 The applicant/business operator shall keep storage of Maximum Allowable Quantities under limitations as stated in Table 307.1(1) of the California Building Code and California Fire Code. In the event the quantities are proposed to be exceeded, the building occupancy will change to Occupancy Group H and the applicant shall obtain a permit for required fire life safety upgrades. Anaheim Fire Department, Community Risk Reduction Division 11 The applicant shall ensure that the following minimum horizontal clearances are maintained between proposed water main and other facilities: a. 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals b. 5-feet minimum separation from all other utilities, including storm drains, gas, and electric c. 6-feet minimum separation from curb face d. 10-feet minimum separation from structures, footings, and trees. The applicant shall ensure that the following minimum clearances are provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): a. 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. b. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Department, Water Engineering Division 12 The applicant shall ensure that all vehicles associated with this facility, including staff’s and trucks, shall be operable and parked on site. Public Works Department, Traffic Engineering 13 The applicant shall ensure that ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way. Public Works Department, Traffic Engineering 14 The applicant shall ensure that ongoing during project operations, the northeastern gates shall remain open during business hours. Public Works Department, Traffic Engineering - 9 - PC2021-*** 15 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning & Building Department, Planning Services Division 16 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 17 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees 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. Planning & Building Department, Planning Services Division 18 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning & Building Department, Planning Services Division 19 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department. Planning & Building Department, Planning Services Division 20 The applicant/property owner shall ensure that all parking spaces shown on the approved site plan shall remain free of storage and open for required vehicle parking. Planning & Building Department, Planning Services Division UNIT A PROPOSED SITE PLAN EXHIBITPREPARED: JUNE 10, 2021 ÔN 0 25 50Feet PROJECT LOCATION ^_ PREPARED BY:DAVE ARTHUR, P.E. LIC. C901982280 HISTORIC DECATUR RD. STE. 200SAN DIEGO, CA 92106760-479-4180 LEGEND APN: 345-175-02 1189 N Grove St Parcel Boundary Truck/Trailer Parking (Existing) Contour 3-ft Dimension !!6' Fence with Slats (Existing) Trash Enclosure (Existing) Utility-Water Backflow Device Parking Space (Proposed) Parking Space (Existing) Landscape Area (2,700 Sq. Ft.)(Existing) Street Centerline Vehicle Ingress/Egress Adjacent Building (Existing) Loading Valve Box Valve Can ªFire Dept. ConnectioncManhole Fire Hydrant Utility Junction UNIT B / C ADDRESSES ON THIS PARCEL 1189 N GROVE STREETSUITES A-CANAHEIM, CA 92806 APPROXIMATE AREA 1 ACRE THOMAS GUIDE PAGE / GRID 769 / H1 CITY MAPPING DISTRICT 149 (NE ¼, SEC. 5, T-4-S, R-9-W) LEGAL DESCRIPTION LOT 6 OF PARCEL MAP 4969 AS RECORDED IN BOOK 59 PAGE 50 IN THE OFFICE OF THE COUNTY RECORDER FOR SAID COUNTY OF ORANGE, CALIFORNIA PARCEL INFORMATION ADDRESS USE AREA (SQ. FT.)PARKING RATIO REQUIRED PARKING UNIT AUNIT BUNIT C INDUSTRIAL 18,800 1.55 SPACES/ 1,000 SQ. FT.29 29 4,698 PARKING TABULATION MATRIX[Marked stalls meet parking lot standards, as shown on Standard Form 470) TOTAL PARKING SPACES PROVIDED TOTAL PARKING AREA PROVIDED (SQ. FT) SHEET 1 TRUCK/TRAILER PARKINGSEE NOTE 1 SEE NOTE 2 NOTES:1. ANY STORAGE IN PARKING AREAS SHALL BE REMOVED PRIOR TO COMMENCMENT OF OPERATION TRUCK LOADING / UNLOADING ZONE EXISTING GATE EXISTING TO BE SCREENEDBY LANDSCAPING 2.INSTALL 1 1/2" ABOVE GROUND DOUBLE CHECK DETECTOR ASSEMBLY PER CITY STD.W-220ANDW-207 BEHIND THE BUILDING SETBACK. Attachment 2 E X I S T I N G S I T E P L A N S c a l e : 1 " = 2 0 ' V I C I N I T Y M A P N O S C A L E S H T 2 N O T E : 1 . D I M E N S I O N S T O S U P E R C E D E S C A L E S H T 3 U N I T A U N I T B / C E X I S T I N G F L O O R P L A N S c a l e : 1 / 8 " = 1 ' - 0 " Unit A: Air Link International Unit B/C: Triumvirate Environmental Services, Inc. PROPOSED FLOOR PLAN SHT 4 N O T E : 1 . D I M E N S I O N S T O S U P E R C E D E S C A L E S H T 5 U N I T A U N I T B / C P R O P O S E D F L O O R P L A N S c a l e : 1 / 8 " = 1 ' - 0 " TRUCK/TRAILER PARKING SEE NOTE 1 TO BE SCREENED EXISTING GATE UNIT B / C TRUCK LOADING / UNLOADING ZONE UNIT A Lock to Lock Time SU-30 Width Track Steering Angle 4.00 20.00 feet : : : 6.0 8.00 8.00 31.8: 30.00 J u l 2 2 , 2 0 2 1 - 1 : 1 9 p m a m e r o u x C : \ U s e r s \ a m e r o u x \ D e s k t o p \ P r o j e c t S h o r t c u t s \ E n g i n e e r i n g \ T r u c k T e m p l a t e s \ A n a h e i m E a s t I n d u s t r i a l P a r k _ 2 . d w g L a y o u t : F i g 1 - T r k T u r n A - S U 3 0 n SOURCE: AASHTO 2011 NOT TO SCALE SHT 6 Truck Turn Template (SU-30) - Ingress & Egress Anaheim East Industrial Park TRUCK/TRAILER PARKING SEE NOTE 1 TO BE SCREENED BY LANDSCAPING PROJECT LOCATION _^ SEE NOTE 2 EXISTING GATE UNIT B / C TRUCK LOADING / UNLOADING ZONE EXISTING UNIT A Lock to Lock Time SU-30 Width Track Steering Angle 4.00 20.00 feet : : : 6.0 8.00 8.00 31.8: 30.00 J u l 2 2 , 2 0 2 1 - 1 : 2 0 p m a m e r o u x C : \ U s e r s \ a m e r o u x \ D e s k t o p \ P r o j e c t S h o r t c u t s \ E n g i n e e r i n g \ T r u c k T e m p l a t e s \ A n a h e i m E a s t I n d u s t r i a l P a r k _ 2 . d w g L a y o u t : F i g 2 - T r k T u r n C - S U 3 0 n SOURCE: AASHTO 2011 NOT TO SCALE SHT 7 Truck Turn Template (SU-30) - Through Site Anaheim East Industrial Park TRUCK/TRAILER PARKING SEE NOTE 1 EXISTING GATE UNIT B / C TRUCK LOADING / Steering Angle Lock to Lock Time Articulating Angle WB-40 Trailer Track Tractor Track Trailer Width Tractor Width 12.503.00 feet 8.00 8.00: 8.00 8.00 : : : 0.00 3.00 25.50 7.50 33.00 : : :6.0 20.3 70.0 J u l 2 3 , 2 0 2 1 - 1 : 5 5 p m a m e r o u x C : \ U s e r s \ a m e r o u x \ D e s k t o p \ P r o j e c t S h o r t c u t s \ E n g i n e e r i n g \ T r u c k T e m p l a t e s \ A n a h e i m E a s t I n d u s t r i a l P a r k _ 2 . d w g L a y o u t : F i g 5 - T r k T u r n C - W B 4 0 n SOURCE: AASHTO 2011 NOT TO SCALE SHT 8 Truck Turn Template (WB-40) - North Ingress & Egress Anaheim East Industrial Park TRUCK/TRAILER PARKING SEE NOTE 1 TO BE SCREENED BY LANDSCAPING PROJECT LOCATION _^ SEE NOTE 2 EXISTING GATE UNIT B / C TRUCK LOADING / UNLOADING ZONE EXISTING UNIT A feet 35' Trash Truck Lock to Lock Time Steering Angle Width Track 6.0 33.9: : 8.00 8.00: : 10.00 18.50 35.00 J u l 2 2 , 2 0 2 1 - 2 : 3 6 p m a m e r o u x C : \ U s e r s \ a m e r o u x \ D e s k t o p \ P r o j e c t S h o r t c u t s \ E n g i n e e r i n g \ T r u c k T e m p l a t e s \ A n a h e i m E a s t I n d u s t r i a l P a r k _ 2 . d w g L a y o u t : F i g 3 - T r a s h T r k A n NOT TO SCALE SHT 9 35' Trash Truck Circulation Anaheim East Industrial Park Project Name: Triumvirate CUP for Exempt Transfer Facility Submittal Date: June 21, 2021 Project Description Page 1 of 6 Project Description Supporting information for City of Anaheim “Environmental/Project Information Form” Site Background The project site is located at 1189 North Grove Street, Suite B/C, Anaheim, CA 92806. The site was previously occupied and leased by Haz Mat Services, Inc. On May 29, 2020, Triumvirate Environmental Services, Inc. (TESI) purchased Haz Mat Services, Inc. and became the operator of the site. The project site also includes another Suite (Suite A); however, the proposed project does not propose changes to this Suite and it is not part of the Conditional Use Permit request. Site Details The property is identified APN 345-175-02. The property is approximately one acre and consists of an 18,000 square foot building separated into three suites as shown on the Site Plan and Floor Plans. The proposed project consists of Suite B/C, which compromise approximately 8,000 SF. Suite A comprises approximately 10,695 SF, and is not part of the proposal. See Item 7, Site Plan. The site is designated as Industrial by the City’s General Plan and zoned as SP 2015-1 (Anaheim Canyon Specific Plan). The property is located in Universal Transverse Mercator (UTM) Zone 11 North with coordinates of 422,173 meters east and 3,746,576 meters north. The latitude and longitude of the site are 33° 51’ 3024” North and 117° 50’ 28” West, respectively. Grove Construction is the current owner of the land associated with the site. Exterior The existing building was built in 1975 and has a concrete masonry unit façade with an asphalt tar roof. The parking area is concrete. Stormwater surface drainage is toward the east and toward North Grove Street to the shoulder and into catch basins along the roadway. There are no stormwater drains in the parking area of the site. The truck parking area is fenced with a chain link barbed wire fence on the east and west sides of the property and concrete building walls on the north and south sides. Parking is currently provided on-site to the south, east, and north of the building. Parking areas are partially occupied by trucks on a temporary basis as permitted in the Industrial Zone. These are shown in the Site Plan, Item 7. Interior The building is a one-story building on a concrete slab. The floor is concrete in the warehouse and carpet in the gypsum board walled office area. Empty containers are stored within the warehouse. New drum storage is along the east portion of the warehouse. Restrooms are located in the southern area of the warehouse. The bathroom plumbing discharges to the municipal water system. There are no floor drains in the warehouse. The entire warehouse and office area are serviced by an existing water fire suppression system. The southwest portion of the building is utilized for supply and file storage. Offices are located in Attachment 3 Project Name: Triumvirate CUP for Exempt Transfer Facility Submittal Date: June 21, 2021 Project Description Page 2 of 6 the south and northeast portions of the building. Site security is managed by locked doors, cameras, and a security alarm. Current Site Use The site is currently used as an office and warehouse space for management of hazardous waste operations equipment. The parking area to the north is used for on-vehicle hazardous waste storage while the material is in transit. The parking area is also used for truck parking. There are typically seven vehicles parked at the site on an average workday with a facility staff of four personnel operating Monday - Friday, 8 AM - 4 PM. On average, there are three vehicles that enter the site and three vehicles that leave the site each day as part of waste management operations being performed throughout the Los Angeles area. Accordingly, the total number of average daily trips to and from the site average approximately 10 employee trips (5 employees x 2 ADT/employee) and 6 waste management trips (3 waste management vehicles x 2 ADT) for a total of 16 average daily trips. The contents of the warehouse consist of new drum storage, equipment storage, and document storage. Currently, no client waste is stored inside the building. A propane powered forklift is maintained onsite for movement of equipment. Proposed Site Use Triumvirate Environmental Services, Inc. (TESI) is seeking a Conditional Use Permit (CUP) to operate the site as an exempt transfer facility per CCR Title 22, Section 66263.18 regulations. As an exempt transfer facility, TESI will be able to store hazardous waste (as defined by the California Department of Toxic Substance Control (DTSC), Environmental Protection Agency (EPA), and Department of Transportation (DOT)). The waste material will be in unopened, sealed containers inside the building for up to ten days. This allows material from multiple clients to be reorganized for the purpose of building more effective truck loads for shipment to an end disposal waste facility (landfill, incinerator, etc). At no time will waste containers be opened while they are in storage. All waste will be segregated per DOT, (DTSC), and EPA segregation and compatibility requirements. Material will also be handled in accordance with Occupational Safety and Health Administration (OSHA) requirements. A maximum of fifty (50), 55-gallon drum equivalents of waste will be stored inside the building at one time. The hazard classes of material that could be provided by clients include DOT Class 3 (flammable liquid), Class 4 (flammable solid), Class 6 (toxic), Class 8 (corrosive), and Class 9 (other regulated material). Storage of Maximum Allowable Quantities would be consistent with limitations as stated in Table 307.1(1) of the California Building Code and California Fire Code. Triumvirate does not handle Class 1 explosive material or Class 7 radioactive material. A significant portion of material will be non-DOT regulated (ie. non-hazardous per DOT regulations) but material that is still regulated under solid waste rules by the California DTSC. All other aspects of the site operation will be the same as outlined in the “Current Site Use” section above including traffic frequency, personnel, and onsite equipment in the form of a forklift. No construction is anticipated with the Conditional Use Permit with the exception that Triumvirate understands the City may require a new backflow prevention to be installed for water service based on Project Name: Triumvirate CUP for Exempt Transfer Facility Submittal Date: June 21, 2021 Project Description Page 3 of 6 comments received from staff on the CDR. No increase in the amount of impervious surface would occur. The Site Plan and Floor Plan would be the same as the existing use/condition- only the permitted materials temporarily stored would change. Parking is provided around the building. Consistent with the Anaheim Municipal Code Section 18.42.040, Table 42-A, parking is provided at a ratio of 1.55 parking spaces per 1,000 SF of building area. This ratio applies to industrial uses where office space makes up less than 10% of the GFA. The office areas within Units A, B and C, combined, make up 9.4% of the total building area as shown below. Therefore, based on the existing uses and size of the building, the parking required for Suite A (10,695 SF) and Suite B/C (8,000 SF) is approximately 29 parking spaces (based on 1.55 parking spaces per 1,000 SF). 1 The boat which was previously being stored in the northwest corner of the parking lot is no longer on site and all parking spaces are available. Length Width Office SF A 26 24 624 10,695 5.83% B 10 21 210 15.5 14 217 6 17.5 105 532 C 13.5 34.75 469.1 6 20.5 123 592.1 TOTAL 1748.1 18,695 9.35% Office Dimension(s) Subtotal Subtotal 4,000 13.30% 4,000 14.80% Suite Suite GFA % of GFA Suite A and Suite B/C are divided by an existing fence as shown on the Site Plan. The project would provide for truck and trailer storage north of the Suite B/C site. As shown on the Site Plan, a total of 29 parking spaces would be provided overall, which is consistent with the 29 parking spaces required1. More specifically, 10 parking spaces will be available on the Suite B/C side of the project site for parking during daytime operational hours (7:00AM-7:00PM). Suite B/C currently has 5 employees; therefore, there is sufficient parking to accommodate employees. No guests are permitted on the project site due to the nature of the storage activities. Deliveries are scheduled and coordinated with on-site personnel prior to each delivery to ensure an efficient delivery. If required, the gate behind the building can be opened to allow for additional circulation; however, most deliveries are made through the east side of the property and not circulation throughout the property is required. See Item 7 for truck turning templates showing how delivery vehicles access and circulation through the property. Project Name: Triumvirate CUP for Exempt Transfer Facility Submittal Date: June 21, 2021 Project Description Page 4 of 6 During night-time hours (7:00PM to 7:0AM), when no employees are present, additional truck parking would occur north of Suite B/C. Operations would be performed in accordance with all applicable laws for the handling and transporting of hazardous materials. A Health and Safety Plan (Attachment A) has been prepared and is included. An Emergency Response and Contingency Plan has been prepared and included (Attachment B). Preliminary Environmental Review Aesthetics – Because no construction is proposed by the project, no impacts to aesthetics or visual resources are anticipated as a result of issuance of the CUP. Agricultural Resources – Because the project site is already disturbed and is not designated as farmland or forest, no impacts to agricultural resources are anticipated as a result of issuance of the CUP. Air Quality – The proposed project would not increase the number of daily vehicle trips or significantly alter the operations of the existing buildings; therefore, no increase in criteria air pollutants is anticipated as a result of issuance of the CUP. Further, all waste containers will be stored indoors, and at no time will waste containers be opened while in storage, thereby limiting potential odors. Therefore, no impacts to air quality are anticipated as a result of issuance of the CUP. Biological Resources – Because the project site is already disturbed and no grading or clearing is proposed, no impacts to biological resources are anticipated as a result of issuance of the CUP. Cultural Resources – Because the project site is already disturbed and no grading or ground disturbing activity is proposed, no impacts to cultural resources are anticipated as a result of issuance of the CUP. Energy – Because the proposed project is not expected to increase the number of average daily trips or result in significant changes to the operation of the existing building use (i.e., result in greater energy use), no impacts to energy are anticipated as a result of issuance of the CUP. Geology and Soils – The proposed project would not involve any new construction activities, including any grading, and would not result in exposing additional employees to potential geotechnical hazards; therefore, no impacts to geology and soils are anticipated as a result of issuance of the CUP. Greenhouse Gas Emissions - The proposed project would not increase the number of daily vehicle trips or significantly alter the operations of the existing buildings; therefore, no increase in greenhouse gases are anticipated as a result of issuance of the CUP. Hazards and Hazardous Materials – The proposed project would provide for storage of hazardous waste for up to ten days. All materials would be handled in accordance with applicable regulations Project Name: Triumvirate CUP for Exempt Transfer Facility Submittal Date: June 21, 2021 Project Description Page 5 of 6 and the project would implement a Health and Safety Plan (see Exhibit A) and an Emergency Response and Contingency Plan (see Exhibit B). The project site is not within one-quarter mile of a school, or within two miles of an airport. The project does not propose any off-site improvement that would interfere with an emergency response plan and is not within the wildland-urban interface or a very high fire hazard severity zone. Therefore, impacts to hazards and hazardous materials are expected to be less than significant as a result of issuance of the CUP. Hydrology and Water Quality – Because the proposed project would not increase the amount of impervious area or alter or change an existing drainage course, no impacts to hydrology are anticipated as a result of the issuance of a CUP. The proposed project would store hazardous materials in unopened drums, and would include an Emergency Response and Contingency Plan (Exhibit B) that would address any potential spills. Please see the Emergency Response and Contingency Plan (Exhibit B) for full details on the actions taken to prevent spills or to respond to a spill event. Therefore, no impacts to water quality are anticipated as a result of issuance of the CUP. Land Use and Planning –The project would not result in any physical construction or off-site improvements, or induce new population growth, that would divide an established community. The proposed project is seeking a conditional use permit. Upon issuance of the permit, the project would be determined to be compatible subject to compliance with the conditions of approval. Therefore, no impacts to land use and planning are anticipated as a result of issuance of the CUP. Mineral Resources – Because the project site and surrounding area is already developed, any mineral extraction is already precluded. Further, the site is not identified in the General Plan as a potential source of mineral resources. Therefore, no impacts to mineral resources are anticipated as a result of issuance of the CUP. Noise – Because the proposed project’s operations would be similar to the existing use, with the only notable change being that hazardous waste would be stored for up to ten days, and would not increase off-site traffic or introduce new stationary noise sources, no change to existing noise levels would be expected. Therefore, no noise impacts are anticipated as a result of issuance of the CUP. Population and Housing – The proposed project would not displace any residents or convert existing housing; therefore, no impacts to population and housing are anticipated as a result of issuance of the CUP. Public Services and Recreation – The proposed project would not result in additional population growth which would increase the demand for schools, parks, fire, police and library and other public services. Further, while the proposed project would result in storage and handling of hazardous materials, implementation of the Emergency Response and Contingency Plan (Exhibit B) and compliance with applicable regulations regarding the safe handling and transportation of these materials would limit potential accidents that could result in the need for fire and emergency medical services. Therefore, impacts to public services and recreation are expected to be less than significant. Project Name: Triumvirate CUP for Exempt Transfer Facility Submittal Date: June 21, 2021 Project Description Page 6 of 6 Transportation – As described in the project description, no new or additional traffic would be generated by the proposed project, and no improvements to roads and intersections are proposed; therefore, no impacts to transportation are anticipated as a result of issuance of the CUP. Tribal Cultural Resources – Because the project site is already disturbed and no grading or ground disturbing activity is proposed, no impacts to tribal cultural resources are anticipated as a result of issuance of the CUP. Utilities and Service Systems - The proposed project would not result in additional population growth which would increase the demand for water and sewer services. Further, the project would not result in additional impervious surface area which may result in demand for storm drain. Therefore, no impacts to utilities and service systems are anticipated as a result of issuance of the CUP. Wildfire – The proposed project is not located in a Very High Fire Hazard Severity Zone, nor is it surrounded by undeveloped areas subject to wildfire; therefore, no impacts due to wildlife are anticipated as a result of issuance of the CUP. Health and Safety Program Page 1 of 2 www.triumvirate.com Triumvirate Health and Safety Program Triumvirate Environmental, Inc. maintains a written Health and Safety Program that includes Quality Control, Management Leadership and Employee Involvement, Worksite Analysis, Hazard Prevention and Control, and Training. Management Leadership and Employee Involvement Management commits the necessary resources to ensure that employees are protected from injury and illness. The company safety policy is annually reviewed, and management ensures that all employees recognize, understand, and support the policy. All management levels, with input from hourly employees, develop annual safety and health goals with objectives and action plans to attain those goals. Several opportunities exist for employee involvement in safety and health decision making and problem solving. These include serving on safety committees, participating in the behavioral safety program, and Job Hazard Analysis (JHA’s) to analyze ways to protect against inherent job risks. Worksite Analysis Environmental, Transportation, Safety, and Compliance Specialist’s conduct baseline audits to identify safety and health hazards at job sites. Hazards identified during these audits are eliminated where possible or controlled. Employees work together to analyze safety and health hazards inherent in each job. The analysis is used to identify ways to eliminate those hazards where possible, and to otherwise protect employees against those hazards. These JHAs are revised as appropriate, following a change in the job or an incident associated with the job. In addition to taking immediate action to eliminate a hazard, employees have the authority to stop work if they believe there is imminent danger. Near misses, minor, first aid, or recordable incidents are investigated by the appropriate employees including the ETSC’s and Compliance. Investigations have as a goal the identification of the root cause(s) of the incident, rather than assigning blame. Incident reports are available through the company database and are reviewed in the monthly managers meeting. As part of the annual safety and health program evaluation, the management team reviews incidents and entries on the OSHA 300 Log, as well as employee reports of hazards, to determine if any pattern exists that can be addressed. The results of this analysis are considered in setting the goals, objectives, and action plans for the next year. Hazard Prevention and Control Management ensures that the workplace and equipment is maintained so that the work environment remains in a safe and healthy state. Employees are held accountable for following established safety Attachment 4 Health and Safety Program Page 2 of 2 www.triumvirate.com and health policies and procedures. Visitors, including contractors who violate safety and health rules and procedures, will be escorted from the job site. A medical surveillance program has been established to provide initial baseline health screening for employees appropriate to the hazards with which they will be working. The occupational health provider is responsible for tracking health changes through periodic physical examinations, post-exposure exams, and an exit exam. The occupational health provider reviews health surveillance data to discern changes in overall employee health screening results to identify trends that need to be addressed. These medical surveillance professionals ensure that employee medical records are kept confidential. Management has assessed the types of work at the company and has determined which occupational health and safety standards apply. Individual safety and health programs for each of these standards have been written and implemented. Programs have been developed and they include, for example, Personal Protective Equipment, Respiratory Protection, Hazard Communication, Bloodborne Pathogens, and Control of Hazardous Energy. Training Our safety training program encompasses regulatory training as required within the areas of OSHA, RCRA, DOT, IATA, and state and local regulations. Depending on the employee’s role, they may also receive additional training such as confined space rescue, biohazard or other wastes, and behavioral safety observations. In addition, we conduct training updates within operational and departmental meetings. Each new employee is required to attend our two-week onboarding course. More than five full days of this is committed to safety, health, and regulatory training. Michael Lombardi, CIH Director, Health and Safety Triumvirate Environmental, Inc. Hazardous/Solid Waste Transporter Emergency Response and Contingency Plan for In-Transit Storage Site Address: Triumvirate Environmental Services, Inc. 1189 North Grove Street, Suite B/C Anaheim, CA 92806 Revision Date: December 1, 2020 Attachment 5 Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 1 of 19 Emergency Response and Contingency Plan Address: 1189 North Grove Street, Suite B/C, Anaheim, CA 92806 Contents A. Description of Facility.................................................................................................................................... 3 1. Description of the Industrial Activity ........................................................................................................ 3 2. Material and Waste Inventory .................................................................................................................. 3 3. Spill Response and Emergency Equipment Inventory .............................................................................. 4 B. Implementing the Plan .................................................................................................................................. 6 1. Organizational Structure of Emergency Response Activities .................................................................... 6 2. List of Emergency Coordinators ................................................................................................................ 6 3. Duties and Responsibilities of the Coordinator ........................................................................................ 6 4. Chain of Command.................................................................................................................................... 7 5. Emergency Response Actions for a Spill ................................................................................................... 7 6. Emergency Response Actions for a Fire/Explosion ................................................................................... 8 C. Prevention of Emergencies ........................................................................................................................... 8 1. Pre-release Planning ................................................................................................................................. 8 2. Material Compatibility .............................................................................................................................. 9 3. Inspection and Monitoring Program ......................................................................................................... 9 4. Preventive Maintenance ......................................................................................................................... 10 5. Housekeeping Program ........................................................................................................................... 10 6. Security ................................................................................................................................................... 11 7. External Factor Planning ......................................................................................................................... 11 8. Employee Training Program .................................................................................................................... 12 D. Countermeasures ........................................................................................................................................ 13 1. Countermeasures to be Undertaken by Facility ..................................................................................... 13 2. Countermeasures to be Undertaken by Contractors ............................................................................. 14 3. Internal and External Communications and Alarm Systems ................................................................... 14 4. Evacuation Plan for Facility Personnel .................................................................................................... 14 5. Arrangements with Local Emergency Response Agencies...................................................................... 14 E. Site Closure ................................................................................................................................................. 15 Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 2 of 19 1. Time and Activities Required for Closure ............................................................................................... 15 F. Version History ............................................................................................................................................ 15 List of Attachments: Attachment 1: Aerial Photograph of Site Attachment 2: Detailed Site Plan Attachment 3: ER Equipment Map Attachment 4: Emergency Contact Information Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 3 of 19 A. Description of Facility 1. Description of the Industrial Activity Triumvirate Environmental Services, Inc. (herein known as “TESI”) is a hazardous waste transporter that stores and transfers in-transit waste materials at an exempt waste transfer facility located at 1189 North Grove Street, Suite B/C, Anaheim, CA 92806 (herein known as the “transfer facility”). The exempt transfer facility operates under the regulations found at California CCR Title 22, Section 66263.18. TESI receives and stores shipments of waste material at the transfer facility for periods of not more than 10 days. All containers of waste received at the transfer facility are transferred between trucks and trailers operated by haulers that are appropriately permitted to transport waste within the State of California. TESI is not authorized to treat or dispose of waste at the transfer facility. Each shipment of waste that arrives at the transfer facility is accompanied by shipping documents that indicate a destination disposal facility that is permitted to receive and treat, store, or dispose of the associated waste. Whenever a shipment of waste is transferred at the facility, the original, corresponding shipping documents shall be modified to reflect the continuing transport of the containers to the next destination. An aerial photograph of the site is shown in Attachment 1. Nearby groundwater and surface water intake features are not depicted since none are present on-site. In addition, storm water drainage from the Site flows through a pitched drain to the street and to the sewer at the corner of North Grove Street and La Palma Avenue, approximately 1,200 feet away. A scale drawing of the facility which shows the layout of the site, structures, barriers, loading/unloading areas, and access points has been provided as Attachment 2. 2. Material and Waste Inventory A variety of wastes in various size containers are transferred between trucks and trailers at the facility. Shipments of waste that arrive at the transfer facility are accompanied by shipping documents which indicate the U.S. DOT Hazard Class of the waste containers. TESI may transfer the following types of discarded hazardous waste materials: • Class 2 (gases) • Class 3 (flammable and combustible liquids) • Class 4 (flammable solids) • Class 5 (oxidizers and organic peroxides) • Class 6 (poisons) • Class 8 (corrosives) • Class 9 (miscellaneous) • ORM-D (other regulated materials) TESI will not transfer the following types of discarded hazardous materials: • Class 1 (explosives) • Class 7 (radioactives) Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 4 of 19 All containers of waste that arrive at the transfer facility are stored on trucks and trailers or within the facility, except when the containers are being actively transferred between vehicles. TESI collects and retains records for all waste containers held at the transfer facility. For each container of waste held at the transfer facility, TESI will possess a physical copy of the corresponding, primary shipping document (Examples of primary shipping documents include: manifests, bills of lading or state specific tracking forms). Primary shipping documents will include the following information: • The name and address of the original waste generator; • Shipping names/descriptions that indicate any hazards associated with the waste (as defined by U.S. DOT); • A count of how many waste containers were included in each shipment; • An indication of the weight/volume of waste associated with each shipment; and • The date that the shipment left the generator’s address. TESI works closely with each waste generator to ensure the characteristics associated with each waste item destined to be handled at the truck transfer area are documented properly on shipping papers (manifests, chain of custody, bill of lading, etc.). TESI uses a waste qualification process to ensure that wastes handled at the transfer area conform to acceptance restrictions at the final destination disposal facility. The qualification process requires generators to submit waste profile forms or similar documents to TESI for review and approval prior to arrival at the transfer area. TESI stores information derived from the qualification process in an electronic database. During the qualification process, TESI examines the information disclosed by each generator on each waste profile form and makes note of the chemical and physical characteristics of the waste. TESI maintains an electronic tracking and inventory log of all waste containers that are transferred at the facility. The database is also used to manage the inventory held on site. The following information is entered into the tracking system and documented for each shipment that passes through the transfer area: • generator name • shipping document number • waste codes associated with the waste • profile associated with the waste • the date the container is transferred to the transfer property • the date the container is transferred out of the transfer property 3. Spill Response and Emergency Equipment Inventory TESI has the following books and reference materials on-hand to provide guidance in the event of an emergency: • A printed copy of this document, which includes instructions for how to respond in the event of an emergency or spill. • A copy of the DOT’s Emergency Response Guidebook (ERG). Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 5 of 19 An inventory of equipment is kept at the transfer facility to be used in the event that an emergency response incident occurs. This equipment includes: Type* Equipment Available Location Capability Safety and First Aid Chemical protective gloves Spill Response Kit Single use, oil resistant Chemical protective suits, aprons, and vests PPE Storage Area Single use, liquid resistant Chemical protective gloves PPE Storage Area Single use or heavy use Chemical protective boots Employee locker Steel toed multi use Safety glasses, goggles, and face shields Employee locker Multi use Hard hats Employee locker Multi use Air purifying respirator Employee locker Various types First aid kits Bathroom outside warehouse office Small cuts, sprains Plumbed eyewash fountain and/or shower Front of building Emergency Portable eyewash kits Warehouse Emergency Fire Fighting Portable fire extinguishers Offices, warehouses, trucks ABC 10 Spill Control and Clean-up All-in-one spill kit Outdoor storage bay Corrosives, liquids Absorbent material Warehouse Large pallets Container for used absorbent Warehouse Steel and poly drums Berm and diking equipment Warehouse Absorbent pads and pigs Broom Warehouse Push broom Shovel Warehouse Non-sparking Vacuum Warehouse Household and shop-vac Chemical Neutralizers Warehouse Acid/base neutralizer Spill overpack drums Warehouse Steel and poly Communications and Alarm Systems Telephones Every person cellular, offices Mobile *Table is based on information submitted to the California Environmental Reporting System (CERS) and contained in the Hazardous Material Business Plan (HMBP) for the site. The location of ER equipment listed above is shown in Attachment 3. Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 6 of 19 In addition to emergency equipment kept in the transfer station, each permitted, waste-hauling vehicle parked at the facility carries a fire extinguisher and spill response equipment as stated in TESI’s Hazardous Materials Security and Transporter Contingency Plan. There are two fire hydrants located less than 300 feet away from the transfer facility. One to the east and one to the south of the facility. The specific location of each fire hydrant is identified in Attachment 1. B. Implementing the Plan 1. Organizational Structure of Emergency Response Activities The facility will be under the overall direction of Triumvirate Environmental Services, Inc. (TESI). On-site daily operations will be under the supervision of a Transfer Station Coordinator. The number of employees present at the facility will fluctuate on a daily basis depending on the volume of materials scheduled for arrival-to or removal-from the site. Transfer Station Coordinator The Transfer Station Coordinator will oversee daily activities at the facility. The Transfer Station Coordinator will operate equipment and transfer loads when the facility technician is not onsite. Facility Technician The facility technician will report to the Transfer Station Coordinator. The facility technician’s primary responsibility is to receive loads from incoming vehicles and transfer loads onto outgoing vehicles. The facility technician will use tools such as forklifts, pallet jacks, and drum carts to perform transfers. Driver The driver may not be stationed at the facility but will report to the Transfer Station Coordinator or facility technician when onsite. The driver's responsibilities include, but are not limited to, transporting collected waste to the facility and assisting the facility technician as needed. 2. List of Emergency Coordinators In the event of an emergency, the individuals shown in Attachment 4 will act as Emergency Coordinators. At all times there will be at least one emergency coordinator present onsite or on-call with the responsibility of coordinating emergency response measures. The emergency coordinators are chosen on the basis of familiarity with the facility and immediate facility access. The Emergency Coordinator has the organizational authority to commit the resources needed to carry out the plan. 3. Duties and Responsibilities of the Coordinator The emergency coordinator will be responsible for transmitting a copy of the Emergency Response and Contingency plan to emergency and regulatory agencies, as required. The coordinator will also assure the daily operational activities will not obstruct emergency access to any areas of the facility. An employee detecting any emergency situation shall call 911 and then the TESI on-call emergency coordinator. The on-site emergency coordinator will direct site personnel and visitors to evacuate if there is Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 7 of 19 imminent risk to their personal safety. Emergency escape routes for facility personnel are posted throughout the building. The emergency coordinator may administer emergency first aid, if qualified. If the injury is moderate, arrangements to transport the injured person to the nearest hospital will be made. If the injury is severe, contact 911. Emergency personnel will administer emergency care until the ambulance arrives. The Emergency Coordinator must take all reasonable measures necessary to assure that a spill or fire does not occur, reoccur, or spread to other materials or wastes. These measures shall include, where applicable, stopping processes and operations, collecting and containing related materials or wastes, and removing or isolating containers. If the facility stops operations in response to the emergency situation, the Emergency Coordinator must assure that in the affected areas of the facility, no materials or waste incompatible with the emitted or discharged residue is processed, stored, treated, or disposed of until cleanup procedures are completed; and all emergency equipment is sanitized, re-supplied and fit for its intended use before operations are resumed. Emergency Coordinators will conduct monthly safety meetings to review safety procedures and refresh employees on the importance of safety in the workplace. The coordinator, or an employee appointed by the coordinator, will conduct monthly environmental, health, and safety inspections at the site. 4. Chain of Command In the event that an emergency should occur, the on-call Emergency Coordinator should be the first Triumvirate employee contacted as soon as safety permits. The Emergency Coordinator coordinates internal and external notification efforts during emergency situations. They will use discretion based on the circumstances and the nature of the emergency to ensure that appropriate Triumvirate offsite employees (direct supervisor, regional management, and/or Corporate personnel) receive notification. 5. Emergency Response Actions for a Spill In the event that a spill occurs at the transfer facility, TESI will take the appropriate actions to prevent the release of pollution into the environment. Actions include the following: • Alert Affected Personnel in the Immediate Area and Assist in Evacuation • Alert Management Staff • Alert Emergency Responders • Perform Hazard Assessment and Take Action to Prevent the Spread of Spilled Material • Clean-Up Spilled Material and Decontaminate Surfaces • Document Spill • Replenish Spill Supplies and Equipment If the spill is of a nature (quantity, type, location, etc) that is deemed “reportable” by DTSC or EPA regulations, a notification will be made to the appropriate regulatory agency. The notification will include the following information, at a minimum:  Name, address, and telephone number of the individual filing the report.  Name, address and telephone number of the facility. Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 8 of 19  Date, time and location of the incident.  A brief description and estimated quantity of materials or wastes involved.  Description and estimated quantity by weight or volume of materials or wastes involved.  An assessment of any contamination of land, water, or air that occurred due to the incident.  Estimated quantity and disposition of recovered materials or wastes that resulted from the incident.  A description of what actions the facility intends to take to prevent a similar occurrence in the future. A copy of the notification will be retained as a part of the operational record for the facility. 6. Emergency Response Actions for a Fire/Explosion In the event of a fire or explosion, the employee detecting the fire or explosion will call 911 and then the TESI on-site emergency coordinator. The employee detecting the fire or explosion will describe the location and extent of the fire or explosion and any need for immediate assistance for first aid or fire containment. Should the emergency warrant immediate contact with emergency response or other government agencies, the following information will be provided: o Name of person reporting the incident; o Name and location of the facility; o Phone number where the person reporting the accident can be reached; o Date, time and location of the incident; and o A brief description of the incident, nature and quantity of the materials or wastes involved, extent of any injuries, and possible hazards to human health or the environment. If the incident is of a nature (quantity, type, location, etc) that is deemed “reportable” by DTSC, EPA, or OSHA regulations, a notification will be made to the appropriate regulatory agency. The notification will include the following information:  Name, address, and telephone number of the individual filing the report.  Name, address and telephone number of the facility.  Date, time and location of the incident.  A brief description and estimated quantity of materials or wastes involved.  Description and estimated quantity by weight or volume of materials or wastes involved.  An assessment of any contamination of land, water, or air that occurred due to the incident.  Estimated quantity and disposition of recovered materials or wastes that resulted from the incident.  A description of what actions the facility intends to take to prevent a similar occurrence in the future. A copy of the notification will be retained as a part of the operational record for the facility. C. Prevention of Emergencies 1. Pre-release Planning TESI’s operating procedures greatly minimize the potential for release of hazardous materials to the environment, and their impact to employees and the public. Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 9 of 19 The transfer facility is a “drum-in/drum-out” operation. Waste materials arrive at the transfer facility in closed containers and will remain closed until they are removed from the property. Waste will be stored on vehicles and trailers, or inside the facility, and will be segregated according to DOT, DTSC, and Fire Department guidelines. Waste will not be stored outside of the vehicles/trailers or outside of the facility. TESI does not consolidate or mix waste materials at the transfer facility. TESI will not attempt to unload/transfer waste containers from any delivery vehicle unless there is sufficient, available storage capacity to receive the inbound waste. Therefore, no material leaks or spills are expected in transit or within the facility. Trained employees will unload waste containers in an area where spill clean-up materials and kits will be available. Spills and leaks as a result of these activities will generally be limited to a maximum of 55 gallons. In an event of a spill, a trained employee will, immediately, notify the transfer station coordinator. The transfer station coordinator will block off the area and coordinate the clean-up of the spill with emergency equipment. All TESI vehicles will have spill kits for the containment and cleanup of any spill and all drivers will be trained in handling such spills. Prompt attention to clean-up efforts will prevent waste, chemicals, and cleaning products from entering into the sanitary sewer or stormwater drainage pathways. These spills which can occur during miscellaneous waste handling operations will likely be contained in the immediate area of the storage container, specifically in the transfer trucks or within the designated transfer area of the facility. During transfer operations, facility staff members will place a removable secondary containment tray on the ground directly beneath the area were containers are moved between vehicles and the facility. The containment tray is capable of capturing and holding liquids that might escape from containers during transfer operations. 2. Material Compatibility There are no material compatibility problems associated with this type of operation or with the limited and common materials employed. The containers used on-site will be compatible with the liquid materials being stored or transferred. TESI does not consolidate or mix hazardous or residual waste at the transfer facility. Incoming waste will not be processed, consolidated or mixed at the facility. Reactive or ignitable wastes will be stored separately with appropriate distance and buffer for safety. All waste must be stored separately by providing a safe distance between materials. 3. Inspection and Monitoring Program Inspections of property features and containers managed at the transfer facility are conducted according to the schedule indicated below: Inspection Item Frequency Parked vehicles Weekly Areas subject to spills Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 10 of 19 Waste containers Waste volume Gates/Entry doors Signage Monthly Containment Emergency equipment All deficiencies identified during an inspection, such as deterioration or malfunctioning of equipment or structures shall be addressed in a timely manner such that any threat to human health and/or the environment does not occur. TESI will attempt to remedy all inspection deficiencies immediately or by the end of the business day. If corrective measures cannot be completed by the end of the business day, TESI shall develop a corrective action plan, which will include a specific, realistic projected resolution date. The details of the corrective action plan and the projected resolution date will be documented in the inspection log the same day that a deficiency is noted. If a deficiency is identified that would cause an imminent hazard or adverse effect to the environment and/or human health, corrective or remedial action shall be taken immediately. 4. Preventive Maintenance The preventive maintenance program goal is to avoid/correct conditions which may lead to breakdowns or failures. Normal facility preventive maintenance will be conducted by the Transfer Station Coordinator in conjunction with the inspection program. Scheduled preventive maintenance is divided into individual tasks and depends on the complexity of the item to be maintained, inspected, or adjusted. TESI vehicles utilized in the collection, transportation and delivery of waste materials will be inspected at the beginning and end of each day used. The driver will perform this inspection to ensure the respective vehicle is clean and in safe operating condition. A spill kit inventory will be included in the inspection. Any defects noted which will render the vehicle susceptible to accidents or breakdowns, will be immediately reported to the Transfer Station Coordinator and the vehicle removed from service until repairs are completed. Defects not affecting the safe operation of the vehicle will be reported to the Transfer Station Coordinator who will arrange for repairs to be made. When repairs are completed, the driver must inspect the vehicle and be assured that it is repaired. Vehicles will undergo scheduled preventive maintenance inspections based on time, mileage, and state law. 5. Housekeeping Program In order to ensure the facility is maintained in a constant clean and sanitary condition, the Transfer Station Coordinator will be responsible to ensure that the facility floor cleaning and spill cleanups are given priority status and continual attention. Housekeeping is part of the Transfer Station Coordinator’s normal responsibilities. TESI considers housekeeping as a critical operating function in that it is represents a direct reflection of the overall performance of the facility and the attitude of its employees. It is also an integral component of facility safety. Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 11 of 19 Waste storage containers will be loaded on vehicles parked at the property in accordance with DOT regulations for materials in transit. TESI personnel will attend to regular garbage pick-up and prompt clean-up of spills to maintain a clean transfer area. 6. Security This section describes equipment and procedures designed and implemented to prevent unauthorized entry of persons into the property and possible disturbance of waste transfer activities at the transfer facility. Efforts to maintain security at the transfer facility, including posted signage and physical barriers, are described below. Each vehicle and trailer parked at the transfer facility is equipped with a padlock for the cargo portion of the vehicle. Cargo portions of each vehicle/trailer remain locked whenever a vehicle is parked at the property, unless: • waste is actively being transferred onto or off of the vehicle, or • the vehicle or trailer is parked against the loading dock so that the cargo area is only accessible from designated transfer area located inside the building. All entry points to the facility will be locked when there are no facility personnel located at the property. Entry to the transfer area is limited only to TESI employees. Non-TESI personnel that are allowed access into the transfer area must be escorted by TESI personnel. Warning signs with the legend "Danger - Unauthorized Personnel Keep Out" are posted on the exterior walls of the facility. Signs are posted so that they can be seen from a distance of 25 feet. Also, "No Smoking" signs, which are legible for a distance of 25 feet, have been placed in the vicinity of the transfer area. 7. External Factor Planning TESI takes reasonable precautions to ensure that the effects of external factors will not affect the inventory of waste that is held onsite at any given time. Transfer operations are largely unaffected by power failure events. During power outages, the only transfer-related equipment affected are the exterior and interior lights. If such an event occurs, TESI will attempt to determine whether or not the power failure is likely to last for an extended period of time and may suspend active transfer operations. If necessary, TESI will employ the use of generators to power lights at the property. In the event of a power outage, flood, severe snowstorm, etc., the Transfer Station Coordinator will secure the facility prior to an orderly interim closure. As all waste is containerized, no public health, safety or environmental issues are involved. Directly affected clients will be notified, and bypass measures will be implemented if the closure is prolonged. TESI will not allow an unplanned reduction in labor to jeopardize its ability to operate the transfer facility in compliance with federal or state law. TESI management will attempt to resolve labor disputes with employees who are essential to the transfer operation (e.g. licensed drivers and facility workers) as quickly as Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 12 of 19 possible. Triumvirate will employ the use of subcontracted, properly-licensed waste transporters to conduct essential transfer activities while negotiations with labor take place. TESI may temporarily relocate employees from other branch offices to assist in conducting transfer activities if a local labor dispute cannot be resolved quickly. TESI management is responsible for monitoring local weather forecasts and attempting to anticipate significant weather events that may affect transfer operations. TESI will use discretion to determine whether a given weather event will threaten the company’s ability to conduct transfer operations and remove waste from the site within the 10-day time limit. 8. Employee Training Program Supervisors and technicians who work at the facility will review this entire document, which will be the basis for the employee training program. The employee training program is designed to ensure that the facility personnel understand the basic functions, avoid problems and respond effectively to an emergency. Each will be able to perform their daily functions in a manner which minimizes the probability of an emergency occurring. The employee training program will be conducted by a TESI employee qualified by experience and training to effectively present the program. The objective of the program is to instill into each operating employee a proper understanding of the business and its operational aspects, the potential hazards and how they can be avoided, and what to do if hazards are encountered. The employee's individual responsibility for personal and environmental safety will be stressed. Program adequacy/effectiveness will be evaluated by individual testing and the facility's annual safety and performance record. Refresher training/updates are conducted annually. New employees will receive training during their initial 60 days of employment. An employee training program consisting of an initial orientation and periodic training meetings or seminars will be held for all personnel. These meetings will provide additional information necessary for employees to perform their job safely. Fire protection, health and hygiene, emergency evacuation plans, alarms and emergency telephone numbers will be periodically reviewed as part of the training program. Employees undergo an initial training and testing period to acquaint them with the proper and safe operation of the facility's equipment. Periodic safety and operations training sessions will be conducted to acquaint employees with new regulatory or operations requirements, procedures and information. A summary of key specific training topics that may be covered are: 1. Unloading and loading trucks and trailers 2. Logging and segregating waste as it is unloaded 3. Operations and maintenance 4. Spill clean-up 5. Identification of waste types 6. Accident prevention and safety 7. Personal protective equipment use and maintenance 8. Emergency procedures and first aid Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 13 of 19 9. Disciplinary policies 10. Chemical Hazards 11. Fire Safety On occasion, authorities from outside TESI may be brought in to make presentations in specialized fields. Personnel files will confirm attendance of training sessions. D. Countermeasures 1. Countermeasures to be Undertaken by Facility The facility is maintained and operated in a manner that minimizes the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of waste constituents to air, soil, surface water or groundwater which could threaten human health or the environment. TESI adheres to a set of operating conditions that have been established to reduce the likelihood that a spill will occur at the transfer facility. Waste containers transferred through the truck transfer area shall meet the packaging, labeling, and marking requirements of the DTSC and the U.S. Department of Transportation (USDOT) regulations. TESI will not attempt to unload/transfer waste containers from any delivery vehicle at the transfer facility unless there is sufficient, available storage capacity to handle the inbound waste. TESI staff members use drum dollies, pallet jacks or other mechanical devices to move closed containers directly between trucks and trailers. While containers are off of vehicles, staff will use the available space in the transfer area to ensure that any potentially incompatible materials are segregated from one another. Staff members evaluate each container before, during and after each transfer event. Containers are checked to ensure proper closure. The containers are made of or lined with materials that will not react with the containerized waste. If a container holding waste should begin rusting or leaking, or is otherwise found to be in poor condition, it will be over packed into a larger compatible container. TESI shall not open waste containers at the transfer facility. During transfer operations, facility staff members place a removable secondary containment tray on the ground directly beneath the area were containers are moved between vehicles and the facility. The containment tray is capable of capturing and holding any liquids that might escape from containers during transfer operations. All floor surfaces are free of cracks or gaps and are sufficiently impervious to contain free liquid. Each operating employee will be trained to identify and assess spills and follow the proper cleanup procedure when spills are identified. If a spill occurs during transportation the employee will utilize the spill kit on board the vehicle. Depending on the extent of the spill, the employee will contact the Transfer Station Coordinator Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 14 of 19 (Emergency Coordinator's) office immediately for instructions and assistance. If necessary, the Transfer Station Coordinator (Emergency Coordinator) will contact the proper authorities. The employee will put on their emergency protective equipment and secure the area. They should also inform an authority, if present, of the nature of the material involved. Unless there is a fire present, the area should not be washed down until the specified spill cleanup procedure is completed. The facility and all vehicles will be equipped with complete spill kits. Personnel will be trained in the proper use of Personal Protective Equipment and spill kits under all operating conditions. All spills will be cleaned up immediately. Absorbent materials will be used to prevent spilled liquids from entering the sanitary sewer system or storm water drainage courses. Spills or leaks from these operations will generally be limited to 55 gallons and should not migrate beyond the immediate area of the spill. This type of spill constitutes a Non-Emergency Spill (i.e., a spill that is controllable with no threat of entering the soil or water). As a result, the first person on scene has the following responsibilities: • Secure the source of the spill, if applicable. • Quickly retrieve absorbent material(s) and contain the spill. • Once the flow is restricted, clean up the remaining spill with absorbent material. • Promptly remove spent absorbent materials and dispose of in a designated container. • Inform the Emergency Response Coordinator. 2. Countermeasures to be Undertaken by Contractors Due to the small quantities of materials and the limited transfer area, TESI anticipates handling most spills internally. TESI emergency response coordinator(s) will serve as the main contact in an emergency and also arrange for ambulance and emergency hospital services and equipment repair and testing, as needed. In the event a spill is too large for local staff to manage, TESI will call for assistance from one of the companies listed on Attachment 4. 3. Internal and External Communications and Alarm Systems Telephones are located in the office areas, which are indicated on the floor plan. Telephones are used for external communications including the reporting of emergencies to regulatory agencies, local police, fire departments, and medical facilities. While in route to and from the facility, TESI staff will use cellular telephones with adequate reception. Intra-facility communications will be conducted verbally. Emergency internal and external telephone numbers will be posted throughout the facility. 4. Evacuation Plan for Facility Personnel In the event there is a need to evacuate the facility, an evacuation plan has been developed and location-specific evacuation paths are posted based on the as-built facility configuration. Evacuation procedures are covered during employee training. Employees will be instructed to go to designated assembly area/rally points to await further instructions. 5. Arrangements with Local Emergency Response Agencies Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 15 of 19 A listing of local agencies, hospitals, contractor personnel, etc. necessary during emergencies is included as Attachment 4. The listing includes contact information for each entity. It will be printed and posted throughout the facility. E. Site Closure 1. Time and Activities Required for Closure TESI shall be solely responsible for paying the cost of clean-up and closure of the transfer facility. Upon declaration of its intention to terminate operations at the transfer facility, TESI will execute the following tasks:  Reassign employee responsibilities in preparation of closure activities and identify a “closure manager” who will manage all aspects of the closure plan.  Cease receiving waste at the transfer facility  Schedule and commence removal of all waste from the transfer facility  Schedule and commence decontamination/cleaning activities with an appropriate cleaning solution  Collect and send samples of soil affected by pollution incidents to be evaluated at a certified laboratory (Soil sampling is not required if no pollution incidents or spills have occurred at the since the establishment of the transfer facility). Sampling will be performed according to a plan developed by the engineer contracted to provide certification of closure.  Collect and send samples of the cleaning rinsate to be evaluated at a certified laboratory in order to confirm the effectiveness of cleaning activities. F. Version History Old Version # New Version # Effective Date Description of Changes Approver N/A 1 December 3, 2020 • Original ER and Contingency plan created. Sarah Lavorgna Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 16 of 19 Attachment 1: Aerial Photograph of Site Fire Hydrant Fire Hydrant Site Boundary Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 17 of 19 Attachment 2: Detailed Site Plan [To be added from Dudek site plan] Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 18 of 19 Attachment 3: ER Equipment Map • See the “TEI Anaheim Unified Program Consolidated Contingency Plan Site Map” submitted as part of the California Environmental Reporting System (CERS) Hazardous Material Business Plan (HMBP) (CERS ID# 10842448). Revision Date: December 3, 2020 Revision #: 1 (Original) Triumvirate Anaheim ER and Contingency Plan Page 19 of 19 Attachment 4: Emergency Contact Information TESI Emergency Coordinators Sarah Lavorgna (Primary) 207-357-3266 (cell) Frank Zhang (Secondary) 860-501-5995 (cell) Triumvirate Corporate Main Desk 800-966-9282 Emergency Services Police 911 Fire Department 911 Ambulance 911 Local Unified Program Agency (UPA) 714-765-4040 California State Warning Center (CSWC)/CAL OES 800-852-7550 National Response Center (NRC) 800-424-8802 St. Jude Medical Center (Nearest Medical Facility) 714-871-3280 Back-Up Spill Response Assistance CURA Emergency Services 800-579-2872 Agency Notification Phone Numbers California Dept. of Toxic Substance Control (DTSC) 916-255-3545 Regional Water Quality Control Board (RWQCB) 951-782-4130 US EPA 800-300-2193 US Coast Guard (USCG) 202-267-2180 CAL OSHA 916-263-2800 CAL Fire Office of the State Fire Marshall (OSFM) 916-323-7390 SP 2015-1DA1DEV 2021-00004BUSINESS PARK SP 2015-1DA1INDUSTRIAL SP 2015-1DA1GENERAL ELECTRICOFFICES SP 2015-1DA1RETAIL SP 2015-1DA1BUSINESS PARK RAILROAD SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1 BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1 BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1 BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1INDUSTRIAL SP 2015-1DA1BUSINESS PARK SP 2015-1DA1BUSINESS PARK SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL SP 2015-1DA1INDUSTRIAL N TUSTIN AVE N G R O V E S T E E N T E R P R I S E D R N E N T E R P R I S E D R E. L A PAL M A AV E E . MI RALO M A AV E N . T U S TI N AV E N . K R A E M E R B L V D E.ORANGETHORPE AVE N . M I L L E R S T E.RIVERD A L E A V E S . R I C H F I E L D R D 1189 South Grove Street DEV No. 2021-00004 Subject Property APN: 345-175-02 °0 50 100 Feet Aerial Photo:May 2020 N TUSTIN AVE N G R O V E S T E E N T E R P R I S E D R N E N T E R P R I S E D R E . MI RALO M A AV E N . T U S TI N AV E N . K R A E M E R B L V D E.ORANGETHORPE AVE N . M I L L E R S T E.RIVERD A L E A V E E .L A P A L M A AVE S . R I C H F I E L D R D E. L A PAL M A AV E 1189 South Grove Street DEV No. 2021-00004 Subject Property APN: 345-175-02 °0 50 100 Feet Aerial Photo:May 2020 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: AUGUST 16, 2021 SUBJECT: GENERAL PLAN AMENDMENT NO. 2020-00533 RECLASSIFICATION NO. 2020-00335 CONDITIONAL USE PERMIT NO. 2020-06094 TENTATIVE TRACT MAP NO. 19137 AND DEVELOPMENT AGREEMENT NO. 2021-00001 LOCATION: This property is located on north side of Broadway, approximately 1,300 feet west of Brookhurst Street (2323 West Broadway). APPLICANT/PROPERTY OWNER: The applicant is Melia Homes, Inc., represented by Chad Brown. The property owner is Cornelia Connelly School of the Holy Child, represented by Gina D’Orazio. REQUEST: The applicant requests approval of the following zoning entitlements: 1) A General Plan amendment to amend the land use designation from Schools to Low-Medium Density Residential; 2) A zoning reclassification from the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone; 3) A conditional use permit (CUP) to allow for the construction of a 112-unit, attached single-family residential project with modified development standards; 4) A tentative tract map to permit a 1-lot, 112 unit subdivision for condominium purposes; and 5) A development agreement to permit a voluntary financial contribution to support the City’s affordable housing programs.* *As discussed in the Environmental Impact Analysis section below, on June 24, 2021, the City issued a combined Notice of Intent to Adopt a Mitigated Negative Declaration and Public Hearing Notice for this project. The subject notice did not include the development agreement as a project entitlement. On July 29, 2021, the City issued a subsequent Public Hearing Notice identifying the development agreement as an additional project entitlement. GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 2 of 11 RECOMMENDATION: Staff recommends that the Planning Commission: 1) By motion, recommend that the City Council approve the attached resolution determining that the Initial Study and Mitigated Negative Declaration (IS/MND) prepared for the proposed project is the appropriate environmental documentation for this request under the California Environmental Quality Act (CEQA) (Attachment 1); 2) By motion, recommend that the City Council approve the attached draft resolution approving General Plan Amendment No. 2020-00533 (Attachment 2); 3) By motion, recommend that the City Council introduce and adopt the attached draft ordinance for Reclassification No. 2020-00335 (Attachment 3); 4) By motion, recommend that the City Council approve the attached draft resolution for Conditional Use Permit No. 2020-06094 (Attachment 4); 5) By motion, recommend that the City Council approve the attached draft resolution for Tentative Tract Map No. 19137 (Attachment 5); and, 6) By resolution, recommend City Council approval of Development Agreement No. 2021-00001 (Attachment 6). BACKGROUND: This 6.96-acre property is located in the “T” Transition zone and was developed with a school that has since been demolished. The site is designated for the Schools land uses by the General Plan. Residential land uses surround the property including single-family residential to the north, west, and across Broadway to the south, and apartments to the east. The site was formerly developed with the Cornelia Connelly School which was recently demolished. PROPOSAL: The applicant proposes to construct 112 attached, single-family residences using the RM-3 zone development standards. The units would be in 22, 3-story buildings, consisting of two to four bedroom units with attached two-car garages. The townhomes would have two to three bedrooms, with some units having a den that can be constructed as an optional fourth bedroom at the buyer’s request. Each unit would have a 2-car, side-by-side garage, a kitchen, living area, private balcony on the second floor, and bedrooms on the third floor. The units would contain between 1,606 and 1,979 square feet of living area. Vehicle access would be provided from a driveway on Broadway that would be located across from Rosebay Street, to the west of the existing driveway location. GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 3 of 11 Landscape Plan Plan Type Number of Units Square Footage Bedrooms Plan 1 22 1,606 2 Plan 2 33 1,734 3 Plan 3 33 1,797 3 (optional 4) Plan 4 24 1,979 3 (optional 4) Plan Type Matrix The project would include a contemporary urban Spanish design and would incorporate a mix of building materials in neutral, muted colors in three different schemes, with decorative tiles, metal grilles and awnings, medallions, shutters, and planter boxes for articulation. Rooftops would be finished in concrete tiles. Overall, the structures would include building offsets with articulated gable-style roofs to vary the project’s massing. GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 4 of 11 Typical Elevation (Color Scheme 1) Recreational-Leisure Area: A total of 65,840 square feet of common recreational area is proposed, and 39,200 square feet is required. The community recreation club fronting on Broadway would reflect the architectural style of the former Cornelia Connelly School by incorporating a louvered structure reminiscent of the louvers that shaded the windows of the former school. Recreational amenities would include a swimming pool, built-in barbeque area, shade structures, seating areas, equipment building, restroom, and showers. Rendering of Northeast View from Broadway (Recreation Building at Center) Site Plan: The applicant requests to modify the minimum required building-to-building setbacks to 16.5 feet where the Municipal Code requires a 40-foot separation between three-story buildings with parallel walls that are designated as “primary” walls. Development Agreement: The applicant proposes to enter into a voluntary Development Agreement with the City to contribute $1,000 per residential unit ($112,000) towards the City’s affordable housing programs. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested entitlement action: GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 5 of 11 General Plan Amendment: The Land Use Element of the City’s General Plan is the guide for the City’s future development. It designates the distribution and location of specific land uses and establishes the permitted densities for each land use designation. The applicant is requesting a General Plan Amendment in order to redesignate the property from the Schools land use to the Low-Medium Density Residential land use. Before the Planning Commission may recommend approval of a General Plan Amendment, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The proposed amendment maintains the internal consistency of the General Plan; 2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City; 3) The proposed amendment would maintain the balance of land uses within the City; and 4) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses. The Land Use Element describes the Low-Medium Density Residential designation as providing for the development of a wide range of residential uses, including detached, small-lot single-family homes, attached single-family homes, patio homes, zero lot line homes, duplexes, townhouses, and mobile home parks. The permitted density range is from zero to 18 dwelling units per gross acre. The proposed project would have a density of 17.25 dwelling units per acre. The proposed modification to the General Plan also supports the following General Plan policies intended to provide a variety of quality infill housing opportunities to address the City’s diverse housing needs and promote development integrated with surrounding land uses: o Goal 2.1: Continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. o Goal 3.1: Pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations. o Goal 4.1: Promote development that integrates with and minimizes impacts to surrounding land uses. o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development. o Goal 7.1: Address the jobs-housing relationship by developing housing near job centers and transportation facilities. GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 6 of 11 o Goal 9.1: West Anaheim: Establish and maintain a uniquely identifiable well-balanced community that is an attractive and safe place to live, work, visit, learn and retire, supported by quality, family oriented neighborhoods and businesses. The project site is adjacent to existing single-family and multiple-family residential land uses, which have Low, Low-Medium, and Medium Density Residential land use designations. Staff believes that the requested Low-Medium Density Residential land use designation would be compatible with and complementary to these surrounding land uses because the proposed amendment would maintain internal consistency of the General Plan by furthering the Goals identified above. Further, the project would not be detrimental to public interest, health, safety, convenience, or welfare of the City because the amendment would result in residential development opportunities that would be compatible with the existing residential land uses within the immediate vicinity of the project; the project would maintain the balance of land uses within the City because the amendment would provide quality housing opportunities to address the City’s diverse housing needs and would be compatible with and complementary to the surrounding land uses; and the property is physically suitable to accommodate the proposed map amendment, including access, physical constraints, topography, provision of utilities, and compatibility with surrounding residential land uses. Therefore, staff recommends approval of the requested General Plan Amendment. Reclassification: The property is zoned “T” Transition. The project includes a proposed General Plan Amendment to Low-Medium Density Residential as described above, and the implementing zone for this General Plan designation would be “RM-3” Multiple-Family Residential. Accordingly, the applicant proposes to reclassify the property and staff supports this request because the proposed RM-3 zone would comply with and implement the proposed Low-Medium Density Residential land use designation. Conditional Use Permit: With the proposed Reclassification, the project would be subject to the “RM-3” Multiple Family Residential zoning requirements. In this zone, development standards, including setback and building separation requirements, may be modified as part of a conditional use permit when it is determined that the modifications serve to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. Before the Planning Commission may approve the conditional use permit for a planned unit development, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) The uses within the project are compatible; 2) New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; 3) Vehicular and pedestrian access are adequate; 4) The project is consistent with applicable design guidelines adopted by the City; 5) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 7 of 11 6) The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 7) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The project complies with the development standards of the RM-3 zone with the exception of the on-site building-to-building setback requirement. The applicant is requesting to modify the minimum required street setbacks to 16.5 feet where the Municipal Code requires a 40-foot separation between three-story buildings with parallel walls that are designated as “primary” walls. Primary walls are building walls that contain an entrance and/or windows opening into living areas. The setbacks required between the buildings are intended to ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. Setbacks for projects in the RM-3 zone may be modified in conjunction with a conditional use permit when it is determined that the modifications promote increased pedestrian activity, provide for a unified street frontage, ensure privacy and light for residential uses, provide for public spaces, and promote compatibility with existing development. The proposed project would provide reduced building-to-building setbacks of 16.5 feet at the narrowest point, and this is consistent with modifications granted to similar projects in the past. The three-story primary building elevations would be separated by attractive landscaped paseos or common area landscape, and would have adequate separation to ensure a quality living environment. The elevations would also be enhanced and articulated with quality design features. The proposed modification would help achieve a functional, pedestrian-friendly design and provide for a high-quality living environment. Parking Requirements: The Municipal Code requires 348 parking spaces for the proposed project. The project has been designed to provide the required number of parking spaces in 224 garaged spaces and 124 open spaces. Staff also notes that 57 units are proposed as three bedroom units with an option to convert a den to a fourth bedroom. These units were considered as four bedroom units to account for the highest possible parking requirement. If none of those optional bedrooms were constructed it would reduce the parking requirement to 320 parking spaces and the project would have 28 surplus spaces. Tentative Tract Map: Before the Planning Commission may approve the tentative tract map, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed subdivision of the Property, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low-Medium Density Residential" land use designation proposed as part of General Plan Amendment No. 2020-00533, now pending. 2) That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19137, including their design and improvements, is consistent with the zoning and development standards of the "RM-3" Multiple-Family Residential Zone GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 8 of 11 proposed as part of Reclassification No. 2020-00335, now pending, with the exception of the reduced setback being proposed in conjunction with Conditional Use Permit No. 2020-06094. 3) That the site is physically suitable for the type and density of the Proposed Project. 4) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19137, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19137 or the type of improvements is not likely to cause serious public health problems. 6) That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19137, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. A tentative tract map is proposed to create a 1-lot condominium subdivision for the 112 “airspace” condominium units. All common areas, including driveways, recreational areas, paseos and sidewalks would be owned and maintained by the homeowner’s association. The proposed density of 17.25 dwelling units per acre is permitted under the Low-Medium Density Residential land use designation, which allows up to 18 dwelling units per acre. In addition, the project does not conflict with easements acquired by the public and complies with all subdivision requirements. Therefore, staff recommends approval of the tentative tract map request. Development Agreement: A development agreement is a contract for development which provides a property owner or developer a vested right to proceed with an approved development, securing the entitlement along with established regulations and fees, in exchange for the City obtaining benefits beyond what would otherwise be required by existing regulations and ordinances. State law allows cities and project applicants to enter into a Development Agreement for their mutual benefit. The proposed development agreement would provide the applicant with the certainty desired to develop the project and, in return, would provide funding for the City’s affordable housing programs. In 1982, the City Council approved a resolution establishing procedures and requirements for the consideration of development agreements. This resolution identifies four items necessary for the Planning Commission to make a recommendation to the City Council. These items are: 1) The proposed development agreement is consistent with the General Plan; 2) The proposed development agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the proposed project is and will be located; GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 9 of 11 3) The proposed development agreement is compatible with the orderly development of property in the surrounding area; and 4) The proposed development agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. Staff believes that the proposed project and development agreement meet the requirements listed above. As described in this report, the proposed project is consistent with the proposed General Plan designation, is compatible with the surrounding uses, and meets the development standards of the “RM-3” Multiple-Family Residential zone, allowing for orderly development. Also, the proposed development agreement would serve to provide surety for the developer and includes benefits to the City by providing funding for affordable housing programs. Therefore, staff recommends that the Planning Commission adopt a resolution recommending approval of the development agreement to the City Council. Affordable Housing: In 2018, the Council adopted Resolution No. 2018-106, which is a policy statement that encourages a dialogue between City staff and residential developers to consider options and approaches for addressing the City’s affordable housing needs. Pursuant to the resolution, City staff and the applicant discussed potential options to support the creation of affordable housing. Although the applicant does not propose on-site affordable units, the applicant has offered to provide a voluntary financial contribution in an amount of $112,000 to assist in the City’s affordable housing programs which will be secured through approval of the proposed development agreement. Such funding would be used to fund the City’s affordable housing programs such as the recently created Senior Safety Net program, which is a pilot program that offers emergency financial help, assistance paying monthly rent, and counseling and service referrals to prevent housing challenges among seniors. Details of this voluntary financial contribution is included in the proposed development agreement (Attachment 6a). Community Outreach and Correspondence: The applicant hosted two community outreach meetings in April and May, 2021. The applicant indicated that the primary focus of questions for both meetings were issues with parking from the apartment complex located easterly of the subject property spilling into the single-family neighborhoods (Rosebay Street), as well as general traffic concerns. In addition, a project notification sign was posted in accordance with the City’s Sunshine Provisions. In addition to the comments received on the IS/MND (Attachment 11), the City received one email from the Cantada Square Homeowners’ Association (HOA) management, representing homes to the north of the project site (see Attachment 12), citing concerns relating primarily to privacy, and staff has spoken to three neighbors with similar concerns, including one Cantada Square HOA board member. Staff discussed the concerns with the applicant, and they have provided project design features to help protect privacy of the adjacent homes to the north with the preservation of several mature trees along the property line, as well as supplemental planting of screen trees to further provide privacy between the two developments. Staff also received an email from a resident citing concerns relating to the three-story building setback from Broadway. Staff notes that the applicant has proposed a varied setback in compliance with the RM-3 zone and would also provide approximately 74% of the street frontage that would be either open or single-story recreation building. GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 10 of 11 Environmental Impact Analysis: An Initial Study in support of a Mitigated Negative Declaration (IS/MND) has been prepared to evaluate the environmental impacts of the proposed project and to identify necessary mitigation pursuant to the requirements of the California Environmental Quality Act (CEQA). On June 24, 2021, staff circulated the IS/MND for a 20-day public review period. Staff posted the IS/MND on the City’s web page and made hard copies available at City Hall and the Anaheim Public Library. Staff prepared a joint Notice of Intent (NOI) to adopt the IS/MND and notice of the associated public hearing, which was mailed to potentially affected public agencies and interested parties, as well as property owners and tenants within a 500-foot radius of the proposed project. Staff also posted the notice on site and with the OC Clerk-Recorder. The City received six comment letters during the comment period. Attachment 11 provides these comment letters and the associated responses to any CEQA-related issues. None of the comments received resulted in the need to recirculate the IS/MND or to prepare an environmental impact report. The IS/MND lists the discretionary and ministerial actions and/or approvals required for the proposed project:, including a disclosure that this list includes any other permit or approval required by an agency with jurisdiction over the project. Though not listed in the IS/MND, the project requires a development agreement to provide for the voluntary developer contribution to affordable housing programs. The development agreement will have no impact on the environment; and, therefore, the addition of the development agreement to project entitlements does no result in the need to recirculate the IS/MND or to prepare an environmental impact report. Mitigation measures have been identified in the IS/MND to mitigate project impacts to air quality, biological resources, cultural resources, geology and soils, noise, and tribal and cultural resources. Pursuant to the requirements of CEQA, staff recommends the adoption of these mitigation measures as conditions of approval in the attached draft resolution for the approval of the proposed project. With implementation of these measures, the IS/MND concluded that project impacts will be reduced to levels considered less than significant and there would be no remaining potentially significant adverse impacts related to the project. CONCLUSION: Staff has carefully considered the proposed project and believes that it is designed in a manner that will provide a quality living environment for its future residents and is compatible with the surrounding land uses. In addition, the proposed project meets the goals of the General Plan to continue to provide a variety of quality housing opportunities to address the City’s diverse housing needs. Staff recommends approval of the proposed request. Prepared by, Submitted by, Nick Taylor, AICP Niki Wetzel, AICP Senior Planner Deputy Planning and Building Director GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137, & DEVELOPMENT AGREEMENT NO. 2021-00001 August 16, 2021 Page 11 of 11 Attachments: 1. Draft City Council MND Resolution 2. Draft City Council General Plan Amendment Resolution 3. Draft City Council Reclassification Ordinance 4. Draft City Council Conditional Use Permit Resolution 5. Draft City Council Tentative Tract Map Resolution 6. Draft Planning Commission Development Agreement Resolution a. Draft Development Agreement 7. Initial Study/Mitigated Negative Declaration 8. Project Description 9. Project Plans 10. Applicant Community Outreach Summary 11. Comments Received and Response to IS/MND Comments 12. Correspondence [DRAFT] ATTACHMNENT NO. 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2020-00533, RECLASSIFICATION NO. 2020-00335, CONDITIONAL USE PERMIT NO. 2020-06094, TENTATIVE TRACT MAP NO. 19137AND DEVELOPMENT AGREEMENT NO. 2021-00001 (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, and Development Agreement No. 2021-00001 to construct a residential development consisting of 112 single-family attached residential units with modified development standards (the "Proposed Project"), on that certain real property located at 2323 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 6.96 acres in size. The project site is located in the “T” Transition zone, and is designated for Schools land uses by the General Plan. The development standards and regulations of Chapter 18.06 (Multiple-Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project; and WHEREAS, the Proposed Project is to construct a residential development consisting of 112 single-family attached residential units with modified development standards subject to approval of Conditional Use Permit No. 2020-06094 by the Planning Commission pursuant to Sections 18.06.030 (Uses), of Chapter 18.06 (Multiple-Family Residential Zones) of the Code; and WHEREAS, General Plan Amendment No. 2020-00533 is to amend the General Plan Land Use designation from Schools to Low-Medium Density Residential; and WHEREAS, Reclassification No. 2020-00335 is to reclassify the property to apply “T” Transition zone to “RM-3” Multiple-Family Residential zone; and WHEREAS, Development Agreement No. 2021-00001 proposes to provide the developer a vested right to develop the Proposed Project in accordance with General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, and Tentative Tract Map No. 19137 for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs; and WHEREAS, Conditional Use Permit No. 2020-06094 proposes to construct a residential development consisting of 112 single-family attached residential units with modified development standards; 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 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 Procedures 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 June 24, 2021, 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; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021-00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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. 378"). A complete copy of MMP No. 378 is attached hereto as Exhibit B and incorporated herein by this reference; 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 City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedures for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on August 16, 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 (Procedures) of the Code, to hear and consider evidence for 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, 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. 378, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 378; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the ____________day of __________, 2021, as the time, 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, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 378 and the comments received to date and the responses prepared, the City Council does find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedures and, together with MMP No. 378, serves as the appropriate environmental documentation for the Proposed Project; 2. That it has carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) prior to acting upon the Proposed Project; 3. Based upon the record before it (including the Initial Study and any comments received), the Proposed Project will have a less than significant impacts upon the environment with the implementation of the mitigation measures contained in MMP No. 378 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This 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 this City Council, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date, does hereby adopt the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period) based on the findings and determinations as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedures and, together with MMP No. 378, serves as the appropriate environmental documentation for the Proposed Project; 2. Based upon the record before it (including the Initial Study and any comments received), that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 378 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council hereby approves and adopts Mitigated Negative Declaration and MMP No. 378; and 4. That the City Council authorizes and directs City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM MAYOR OF THE CITY OFANAHEIM ATTEST: ___________________________________________ CITY CLERK OF THE CITY OF ANAHEIM Townes at Broadway Mitigation Monitoring and Reporting Program 1 “EXHIBIT B” MITIGATION MONITORING AND REPORTING PROGRAM #378 FOR THE TOWNES AT BROADWAY TOWNES AT BROADWAY MITIGATION MONITORING AND REPORTING PROGRAM NO. 378 Prepared for City of Anaheim 200 South Anaheim Boulevard, Suite 162 Anaheim, California 92805 Prepared by Kimley-Horn and Associates, Inc. 1100 W Town and Country Road, Suite 700 Orange, California 92868 Date: August 2021 Townes at Broadway Mitigation Monitoring and Reporting Program 2 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM The California Environmental Quality Act (CEQA) requires that all public agencies establish monitoring and/or reporting procedures for mitigation adopted as conditions of approval in order to mitigate or avoid significant environmental impacts. This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by which to monitor mitigation measures (MMs) outlined in the Townes at Broadway Initial Study/Mitigated Negative Declaration (IS/MND). The Townes at Broadway MMRP has been prepared in conformance with §21081.6 of the Public Resources Code and City of Anaheim Monitoring Requirements. Specifically, §21081.6 states: (a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply: (1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based. (b) A public agency shall provide that measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements, or other measures. Conditions of project approval may be set forth in referenced documents which address required mitigation measures or, incase of the adoption of a plan, policy, regulation, or other public project, by incorporating the mitigation measures into the plan, policy, regulation, or project design. (c) Prior to the close of the public review period for a draft environmental impact report or mitigated negative declaration, a responsible agency, or a public agency having jurisdiction over natural resources affected by the project, shall either submit to the lead agency complete and detailed performance objectives for mitigation measures which would address the significant effects on the environment identified by the responsible agency or agency having jurisdiction over natural resources affected by the project, or refer the lead agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to a lead agency by a responsible agency or an agency having jurisdiction over natural resources affected by the project shall be limited to measures which mitigate impacts to resources which are subject to the statutory authority of, and definitions applicable to, that agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction over natural resources affected by a project with that requirement shall not limit the authority of the responsible agency or an agency having jurisdiction over natural resources affected by a project, or the authority of the lead agency, to approve, condition, or deny projects as provided by this division or any other provision of law. Townes at Broadway Mitigation Monitoring and Reporting Program 3 CEQA Guidelines § 15097 provides clarification of mitigation monitoring and reporting requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring program must be designed to ensure compliance during project implementation. The City of Anaheim is the Lead Agency for the Townes at Broadway Project and is therefore responsible for ensuring the implementation of the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code §21081.6 as a fully enforceable monitoring program. The MMRP is comprised of the Mitigation Program and includes measures to implement and monitor the Mitigation Program. The MMRP defines the following for each MM:  Definition of Mitigation. The Mitigation Measure contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken in mitigation.  Responsible Party or Designated Representative. Unless otherwise indicated, an applicant would be the responsible party for implementing the mitigation, and the City of Anaheim or designated representative is responsible for monitoring the performance and implementation of the mitigation measures. To guarantee that the mitigation will not be inadvertently overlooked, a supervising public official acting as the Designated Representative is the official who grants the permit or authorization called for in the performance. Where more than one official is identified, permits or authorization from all officials shall be required.  Time Frame. In each case, a time frame is provided for performance of the mitigation or the review of evidence that mitigation has taken place. The performance points selected are designed to ensure that impact-related components of project implementation do not proceed without establishing that the mitigation is implemented or ensured. All activities are subject to the approval of all required permits from agencies with permitting authority over the specific activity. The numbering system in the table corresponds with the numbering system used in the IS/MND. The last column of the MMRP table will be used by the parties responsible for documenting when implementation of the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation compliance will be completed by the City of Anaheim. The completed MMRP and supplemental documents will be kept on file at the City of Anaheim Planning Services Division. Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 4 TOWNES AT BROADWAY PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Air Quality SC AQ-1: Dust Control. During construction, construction contractors shall comply with South Coast Air Quality Management District’s (South Coast AQMD’s) Rules 402 and 403 to minimize construction emissions of dust particulates. South Coast AQMD Rule 402 requires that air pollutant emissions of dust and particulates. South Coast AQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. Rule 402 prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not remain visible beyond the property line of the emission source. This rule is intended to reduce PM10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. Include requirements in bid packages; show on grading and construction plans During demolition, grading, construction Best available control measures shown on construction plans Site inspections Planning and Building Department designee Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 5 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. e. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. SC AQ-2: Architectural Coatings. South Coast Air Quality Management District (South Coast AQMD) Rule 1113 requires manufacturers, distributors, and end-users of architectural and industrial maintenance coatings to reduce reactive organic gas (ROG) emissions from the use of these coatings, primarily by placing limits on the ROG content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with South Coast AQMD Rule 1113. This requirement shall be included as notes on contractor specifications. Include requirements in bid packages; show on grading and construction plans Prior to the start of construction Show on construction plans Site inspections Planning and Building Department designee Biological Resources SC BIO-1: Nesting Migratory Birds. During construction, grubbing, brushing, or tree removal shall be conducted outside of the state identified nesting season for migratory birds (i.e., typically March 15 through September 1), if possible. If construction activities cannot be conducted outside of nesting season, a Pre-Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three days prior to initiating construction activities. If active nests are found during the Pre-Construction Include requirements in bid packages; show on grading and construction plans Applicable if during nesting bird season: Three days prior to construction Avoidance during construction. Site inspections Nesting Bird Plan (NBP), if nests found during nesting season Planning and Building Department designee Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 6 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. Cultural Resources MM CR-1: Prior to issuance of any permit for ground-disturbing activities, the Applicant shall provide evidence to the City of Anaheim Planning Department that a qualified professional (i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), has been retained. The selection of the qualified professional(s) shall be subject to the City’s acceptance. In the event that cultural resources (archaeological, historical, paleontological) are inadvertently unearthed during project excavation and grading activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of action. If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to State CEQA Guidelines §15064.5 shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume. Prior to the issuance of any permit for ground-disturbing activities During ground disturbance activities Include requirements in bid packages; show on grading and construction plans Site inspections Show on construction plans Planning and Building Department designee Geology and Soils MM GEO-1: Prior to the issuance of grading permits, the City shall review all project plans for grading, foundation, structural, infrastructure, and all other relevant construction permits to ensure compliance with the Geotechnical and Infiltration Evaluation recommendations. Include requirements in bid packages; show on grading and construction plans Inspections during construction Public Works Department designee; Contractor Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 7 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Prior to the issuance of grading permits MM GEO-2: Prior to the issuance of the first grading permit or permit for ground disturbance activities, the Applicant shall provide evidence to the City of Anaheim Planning and Building Department that the Applicant has retained a qualified professional paleontologist. The selection of the qualified professional(s) shall be subject to City acceptance. In the event that paleontological are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of action. If avoidance of the resource(s) is not feasible, the Applicant shall follow salvage operation requirements pursuant to State CEQA Guidelines §15064.5. After the Applicant has appropriately avoided or mitigated the find, work in the area may resume. Prior to the issuance of grading permits During construction Documentation of City acceptance of qualified paleontologist; Documentation of paleontological discoveries; Notification of appropriate agencies; Preparation of excavation plan, as needed. Planning and Building Department designee; Contractor; Qualified Professional Paleontologist Noise MM N-1: The Applicant shall ensure through contract specifications that construction best management practices (BMPs) are implemented by contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which the City shall review prior to issuance of any grading or building permit. The construction BMPs shall include the following:  Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. Include requirements in bid packages; show on grading and construction plans During construction Include requirements in bid packages; show on construction plans Site inspections Planning and Building Department designee Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 8 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials  Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible.  Use electric air compressors and similar power tools rather than diesel equipment, where feasible.  Turn-off construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, when not in use for more than 5 minutes.  Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. Tribal Cultural Resources MM TCR-1: Prior to commencement of any grading and/or construction activity, the Project Applicant shall retain a Native American Monitor from the Juaneno Band of Mission Indians Acjachemen Nation – Belardes (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Juaneno Band of Mission Indians Acjachemen Nation – Belardes Tribal Monitor will only be present on-site during the construction phases that involve ground-disturbing activities within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Juaneno Band of Mission Indians Acjachemen Nation – Belardes 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 Include requirements in bid packages; show on grading and construction plans Prior to the issuance of a Notice to Proceed for any ground disturbance During ground disturbance activities below 4 feet from existing surface Immediately stop grading in area of discovery Prior to the commencement of any grading and/or construction activity Contract with approved Native American Monitor Monitoring during ground disturbance activities Tribal Monitor Daily monitoring logs Planning and Building Department designee; Native American Monitor/ Consultant Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 9 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor from the Juaneno Band of Mission Indians Acjachemen Nation – Belardes have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Juaneno Band of Mission Indians Acjachemen Nation – Belardes Tribal monitor. If the resources are Native American in origin, the Juaneno Band of Mission Indians Acjachemen Nation – Belardes Tribal Representative shall coordinate with the Project Applicant regarding treatment and curation of these resources. Typically, the Juaneno Band of Mission Indians Acjachemen Nation – Belardes 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 (State CEQA Guidelines §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 State CEQA Guidelines §15064.5(f) for historical resources and PRC §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 Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 10 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials interest in the materials, such as the Natural History Museum of Los Angeles County, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. MM TCR-2: Prior to commencement of any grading and/or construction activity, the Project Applicant shall retain a Native American Monitor from the Gabrieleño Band of Mission Indians – Kizh Nation (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Gabrieleño Band of Mission Indians – Kizh Nation Tribal Monitor will only be present on-site during the construction phases that involve ground-disturbing activities within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Gabrieleño Band of Mission Indians – Kizh Nation 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 from the Gabrieleño Band of Mission Indians – Kizh Nation have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Gabrieleño Band of Mission Indians – Kizh Nation monitor. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians – Kizh Nation Tribal Representative shall coordinate with the Project Include requirements in bid packages; show on grading and construction plans Prior to the issuance of a Notice to Proceed for any ground disturbance During ground disturbance activities below 4 feet from existing surface Immediately stop grading in area of discovery During ground-disturbing construction Contract with approved Native American Monitor/ consultant Monitoring during ground disturbance activities Tribal Monitor daily monitor logs Planning and Building Department designee; Native American Monitor/Consultant Townes at Broadway Initial Study and Mitigated Negative Declaration Mitigation Monitoring and Reporting Program 11 Mitigation Measures (MMs) Implementation Timing Monitoring/ Reporting Methods Responsible for Approval/ Monitoring Verification Date Initials Applicant regarding treatment and curation of these resources. Typically, the Gabrieleño Band of Mission Indians – Kizh Nation 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 (State CEQA Guidelines §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 State CEQA Guidelines §15064.5(f) for historical resources and PRC §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, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. -1 - RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING THE GENERAL PLAN OF THE CITY OF ANAHEIM (GENERAL PLAN AMENDMENT NO. 2020-00533) (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for an amendment to the Land Use Element of the General Plan ("General Plan Amendment No. 2020-00533") for certain real property generally located on the north side of Broadway, approximately 1,300 feet west of Brookhurst Street and commonly referred to as 2323 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), for the purpose of allowing the applicant to construct 112 attached, single-family residences ; and WHEREAS, the Property is approximately 6.96 acres in size and is located in the “T” Transition zone. The development standards and regulations of Chapter 18.06 (Multiple- Family Residential Zones) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project. The Property is designated on the Land Use Element of the General Plan for "Schools" uses; and WHEREAS, General Plan Amendment No. 2020-00533 proposes to amend "Figure LU-4: Land Use Plan” of the Land Use Element of the Anaheim General Plan to re-designate the Property from the "Schools" to the "Low-Medium Density Residential" land use designation; and WHEREAS, General Plan Amendment No. 2020-00533 is proposed in conjunction with a request (i) for approval of Reclassification No. 2020-00335 to reclassify the property from the “T” Transition zone to the “RM-3” Multiple-family Residential Zone; (ii) approval of Conditional Use Permit No. 2020-06094 to permit a 112-unit, attached single family residential project with modified development, (iii) approval of Tentative Tract Map No. 19137 to permit a 1-lot, 112 unit attached single-family residential subdivision of the Property for condominiumpurposes, and approval of Development Agreement No. 2021-00001 to provide the developer avested right to develop the Proposed Project, and in return the developer would provide funding for City’s affordable housing programs. General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-00694, Tentative Tract MapNo. 19137, and Development Agreement No. 2021-000012 shall be referred to herein collectivelyas the "Proposed Project"; 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 Attachment 2 - 2 - 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 June 24, 2021, 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; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021- 00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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 August 16, 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 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, 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 recommended that the City Council approve and adopt General Plan Amendment No. 2020-00533, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving Tentative Tract Map No. 19137; (2) an ordinance approving and adopting Reclassification No. 2020-00335; (3) resolution approving Conditional Use Permit No. 2020-06094; and, (4) Development Agreement No. 2020-00001; and - 3 - WHEREAS, upon receipt of the Planning Commission’s recommendation, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the __ day of ______, 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, the City Council, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, does hereby find and determine as follows: 1. That proposed General Plan Amendment No. 2020-00533 maintains the internal consistency of the General Plan, as the proposed modifications to the General Plan are consistent with Goals 2.1, 3.1, 4.1, 6.1, 7.1, and 9.1 of the Land Use Element of the General Plan to continue to provide a variety of quality housing opportunities, to pursue land uses along major corridors that enhance the City’s image and stimulate appropriate development at strategic locations, to address the City’s diverse housing needs, to promote development that integrates with and minimizes impacts to surrounding land uses, to enhance the quality of life and economic vitality in Anaheim through strategic infill development and revitalization of existing development, to address the jobs-housing relationship by developing housing near job centers and transportation facilities and to establish and maintain a uniquely identifiable well-balanced community that is an attractive and safe place to live, work, visit, learn and retire, supported by quality, family oriented neighborhoods and businesses. 2. That proposed General Plan Amendment No. 2020-00533 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to the Anaheim General Plan would result in residential development opportunities that would be compatible with the existing residential development the vicinity of the project. 3. That proposed General Plan Amendment No. 2020-00533 would maintain the balance of land uses within the City because the proposed amendment would provide quality housing opportunities to address the City’s diverse housing needs and would be would be compatible with and complementary to these surrounding land uses. 4. That the Property to be re-designated by proposed General Plan Amendment No. 2020-00533 is physically suitable to accommodate the proposed modification, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses because the project is designed to complement the surrounding land uses. 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 - 4 - 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 negatethe 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 does hereby approve and adopt General Plan Amendment No. 2020-00533 in the form attached hereto as Exhibit B. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM MAYOR OF THE CITY OFANAHEIM ATTEST: ______________________________________________ CITY CLERK OF THE CITY OF ANAHEIM - 5 - - 6 - EXHIBIT “B” [DRAFT] ATTACHMENT NO. 3 - 1 - ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING. (RECLASSIFICATION NO. 2020-00335) (DEV2020-00180) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition to rezone or reclassify that certain real property located at 2323 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property") to reclassify the property from “T” Transition zone to “RM-3” Multiple-Family Residential zone, which reclassification is designated as Reclassification No. 2020-00335; and WHEREAS, the Property is approximately 6.96 acres in size, and is currently vacant. The project site is located in the “T” Transition zone, and is designated for “Schools” land uses by the General Plan; and WHEREAS, Reclassification No. 2020-00335 is proposed in conjunction with a request for (i) General Plan Amendment No. 2020-00533; (ii) approval of Conditional Use Permit No. 2020-06094 to permit the construction of a residential development consisting of 112 single-family attached residential units with modified development standards; (iii) Tentative Tract Map No. 19137 to permit a 1-lot, 112 unit attached single-family residential subdivision of the Property for condominium purposes, and (iv) approval of Development Agreement No. 2021-00001 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, and Tentative Tract Map No. 19137 for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs. General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, and Development Agreement No. 2021-00001, and the Project shall be referred to herein collectively as the "Proposed Project"; 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 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 June 24, 2021, 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, - 2 - California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021-00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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. 378"); 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 in the City of Anaheim on August 16, 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 (Procedures) of the Code, to hear and consider evidence for 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, and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedures, 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 contained in MMP No. 378, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 378; 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 Council approve and adopt Reclassification No. 2020-00335, in the form presented at the meeting at which this Ordinance is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving General Plan Amendment No. 2020-00533, Conditional Use Permit No. 2020-06094, Tentative Tract Map no. 19137; and, (2) an ordinance approving Development Agreement No. 2021-00001; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the ___ day of _____, 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 the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and - 3 - the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council, after due consideration, inspection, investigation and study made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing, does hereby find and determine as follows: 1. Reclassification of the Property to from “T” Transition zone to the “RM-3” Multiple-Family Residential zone is consistent with the Property’s proposed Low-Medium Density land use designation in the General Plan. 2. The proposed reclassification of the Property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the neighboring properties, which are developed with residential uses. 3. The proposed reclassification of the Property does properly relate to the zone and its permitted uses locally established in close proximity to the Property and to the zones and their permitted uses generally established throughout the community in that surrounding properties include multiple-family and single-family residential uses in “RM-2” and “RM-4” Multiple-Family Residential zones, multiple-family residential uses (i.e. apartments) in “T” Transition zone, and single-family residential uses in “RS-2” Single-Family Residential zone. 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 Ordinance, that the facts stated in this Ordinance are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Ordinance. 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, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That the Zoning Map referred to in Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended by rezoning and reclassifying the subject Property, as described above, to the “RM-3” Multiple-Family Residential zone from the “T” Transition zone of the City of Anaheim. SECTION 2. The City Zoning Map shall be, and the same is hereby, amended and the above-described Property shall be excluded from the zone in which it is now situated and incorporated in and made a part of the zone or zones as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare a sectional zoning map to be added to the City Zoning Map showing the changes hereby approved and adopted. - 4 - SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: _____________________________________ CITY CLERK OF THE CITY OF ANAHEIM - 5 - - 6 - EXHIBIT B LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18, DISTANT NORTH 88° 58' 15" EAST 865.95 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 21' 00" WEST 666.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" EAST 225.70 FEET ALONG SAID NORTH LINE TO A POINT SOUTH 88° 58' 07" WEST 230.60 FEET FROM THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 18' 10" EAST 666.50 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER, SAID POINT BEING DISTANT SOUTH 88° 58' 15" WEST 1548.50 FEET FROM THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 225.15 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THAT HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS, INTO, THROUGH, OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE AS EXCEPTED IN DEED FROM ELIZABETH ANN RALSTON, A MARRIED WOMAN, WHO ACQUIRED TITLE AS ELIZABETH ANN CARROLL, RECORDED JULY 28, 1960 IN BOOK 5349, PAGE 18 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: THAT PORTION OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 18, DISTANT NORTH 88° 58' 15" EAST 1091.10 FEET FROM THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 0° 18' 10" WEST 666.50 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88° 58' 07" EAST 230.60 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0° 08' 25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE - 7 - NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88° 58' 15" WEST 228.70 FEET TO THE POINT OF BEGINNING. EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE LAND TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS, INTO, THROUGH, OR ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE AS EXCEPTED IN DEED FROM MORRIS CARROLL, A SINGLE MAN, RECORDED JULY 28, 1960 IN BOOK 5348, PAGE 547 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 127-051-43 [DRAFT] ATTACHMENT NO. 4 -1 -PC2020-*** RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2020-06094 (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for Conditional Use Permit No. 2020-06094 to permit the construction of a residential development consisting of 112 single-family residential units with modified development standards, i.e., a reduction in the building to building setbacks of the "RM-3" Multiple-Family Residential zone, on that certain real property located at 2323 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2020-06094 is proposed in conjunction with (i) General Plan Amendment 2020-00533 to change the land use designation from “Schools” to “Low-Medium Density Residential,” (ii) Reclassification No. 2020-00335 to reclassify the property from “T” Transition zone to “RM-3” Multiple-Family Residential zone, (iii) Tentative Tract Map No. 19137 to permit a 1-lot, 112 unit attached single-family residential subdivision of the Property for condominium purposes, and (iv) approval of a Development Agreement No. 2021-00001 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Tentative Tract Map No. 19137 and Conditional Use Permit No. 2020-06094 for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs. General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, and Development Agreement No. 2021-00001, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, a single-family attached residential development within the "RM-3" Multiple- Family Residential zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.030 (Uses). Pursuant to Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.06.0090 (Structural Setbacks) of Chapter 18.06 (Multiple-Family Residential Zones) 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. 2020-06094 will permit the reduction in minimum building to building setback requirements of the "RM-3" Multiple-Family Residential zone; and WHEREAS, the Property is approximately 6.96 acres in size, and is currently vacant. The project site is located in the “T” Transition zone, and is designated for Schools 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 - 2 - 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 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 June 24, 2021, 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; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021-00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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. 378"); 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 in the City of Anaheim on August 16, 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 (Procedures) of the Code, to hear and consider evidence for 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 motion, 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 contained in MMP No. 378, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 378; and - 3 - WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission, by motion, recommended that the City Council approve Conditional Use Permit No. 2020-06094, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving General Plan Amendment No 2020-00533; (2) an ordinance approving and adopting Reclassification No. 2018-00316; (3) a resolution approving Tentative Tract map No. 19137; and (4) an ordinance approving Development Agreement No. 2020-00003; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the ___ day of _____, 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 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 .030 (Modifications of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), 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. 2020-06094: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code as the Low-Medium Density Residential General Plan designation allows for residential development of this type; 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located as the project was carefully designed to take into consideration the surrounding land uses and to ensure that the project would be compatible these land uses; 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety as the project meets the density allowed in the Low-Medium Density General Plan land use designation; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim, 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 - 4 - 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 does hereby approve and adopt Conditional Use Permit No. 2020-06094, contingent upon and subject to: (1) adoption of a resolution approving General Plan Amendment No. 2020-00533; (2) the adoption by the City Council of an ordinance approving and adopting Reclassification No. 2020-00335; (3) adoption of a resolution approving Tentative Tract Map No. 19137; and (4) adoption of an ordinance approving Development Agreement No. 2021-00001, all of which entitlements are now pending; and the mitigation measures set forth in MMP 378, 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. 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 ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: - 5 - ABSTAIN: CITY OF ANAHEIM MAYOR OF THE CITY OFANAHEIM ATTEST: ______________________________________________CITY CLERK OF THE CITY OF ANAHEIM - 6 - - 7 - EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2020-06094 (DEV2020-00180) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The applicant shall prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. Public Works Department, Development Services Division 2 The applicant shall prepare and submit a final drainage study, including supporting hydraulic and hydrological calculations to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. Public Works Department, Development Services Division 3 The applicant shall execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to the City’s storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits. Public Works Department, Development Services Division 4 The applicant shall obtain the required coverage under California’s General Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. Public Works Department, Development Services Division - 8 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Public Works Department, Development Services Division 6 The applicant shall submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/Significant Redevelopment projects. The WQMP shall identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Public Works Department, Development Services Division 7 The applicant shall submit a Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall address grading and any proposed infiltration features of the WQMP. Public Works Department, Development Services Division 8 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Water Engineering 9 SC AQ-1: Dust Control. During construction, construction contractors shall comply with South Coast Air Quality Management District’s (South Coast AQMD’s) Rules 402 and 403 to minimize construction emissions of dust particulates. South Coast AQMD Rule 402 requires that air pollutant emissions of dust and particulates. South Coast AQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. Rule 402 prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not Planning and Building Department, Planning Services Division - 9 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT remain visible beyond the property line of the emission source. This rule is intended to reduce PM10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. 10 SC AQ-2: Architectural Coatings. South Coast Air Quality Management District (South Coast AQMD) Rule 1113 requires manufacturers, distributors, and end-users of architectural and industrial maintenance coatings to reduce reactive organic gas (ROG) emissions from the use of these coatings, primarily by placing limits on the ROG content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with South Coast AQMD Rule 1113. This requirement shall be included as notes on contractor specifications. Planning and Building Department, Planning Services Division 11 SC BIO-1: Nesting Migratory Birds. During construction, grubbing, brushing, or tree removal shall be conducted outside of the state identified nesting season for migratory birds (i.e., typically March 15 through September 1), if possible. If construction activities cannot be conducted outside of nesting season, a Pre-Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three days prior to initiating construction activities. If active nests are found during the Pre-Construction Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. Planning and Building Department, Planning Services Division - 10 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 MM CR-1: Prior to issuance of any permit for ground-disturbing activities, the Applicant shall provide evidence to the City of Anaheim Planning Department that a qualified professional (i.e., archaeologist, historian, architect, paleontologist, Native American Tribal monitor), has been retained. The selection of the qualified professional(s) shall be subject to the City’s acceptance. In the event that cultural resources (archaeological, historical, paleontological) are inadvertently unearthed during project excavation and grading activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of action. If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to State CEQA Guidelines §15064.5 shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume. Planning and Building Department, Planning Services Division 13 MM GEO-1: Prior to the issuance of grading permits, the City shall review all project plans for grading, foundation, structural, infrastructure, and all other relevant construction permits to ensure compliance with the Geotechnical and Infiltration Evaluation recommendations. Public Works Department, Development Services Division 14 MM GEO-2: Prior to the issuance of the first grading permit or permit for ground disturbance activities, the Applicant shall provide evidence to the City of Anaheim Planning and Building Department that the Applicant has retained a qualified professional paleontologist. The selection of the qualified professional(s) shall be subject to City acceptance. In the event that paleontological are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of action. If avoidance of the resource(s) is not feasible, the Applicant shall follow salvage operation requirements pursuant to State CEQA Guidelines §15064.5. After the Applicant has appropriately avoided or mitigated the find, work in the area may resume. Planning and Building Department, Planning Services Division 15 MM N-1: The Applicant shall ensure through contract specifications that construction best management practices (BMPs) are implemented by contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which the City shall review prior to issuance of any grading or building permit. The construction BMPs shall include the following: • Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. • Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. Planning and Building Department, Planning Services Division - 11 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Use electric air compressors and similar power tools rather than diesel equipment, where feasible. • Turn-off construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, when not in use for more than 5 minutes. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. 16 MM TCR-1: Prior to commencement of any grading and/or construction activity, the Project Applicant shall retain a Native American Monitor from the Juaneno Band of Mission Indians Acjachemen Nation – Belardes (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Juaneno Band of Mission Indians Acjachemen Nation – Belardes Tribal Monitor will only be present on-site during the construction phases that involve ground-disturbing activities within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Juaneno Band of Mission Indians Acjachemen Nation – Belardes 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 from the Juaneno Band of Mission Indians Acjachemen Nation – Belardes have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Juaneno Band of Mission Indians Acjachemen Nation – Belardes Tribal monitor. If the resources are Native American in origin, the Juaneno Band of Mission Indians Acjachemen Nation – Belardes Tribal Representative shall coordinate with the Project Applicant regarding treatment and curation of these resources. Typically, the Juaneno Band of Mission Indians Acjachemen Nation – Belardes 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 (State CEQA Guidelines §15064.5[f]). If a resource is determined by the qualified archaeologist to constitute a “historical Planning and Building Department, Planning Services Division - 12 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 State CEQA Guidelines §15064.5(f) for historical resources and PRC §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, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. 17 MM TCR-2: Prior to commencement of any grading and/or construction activity, the Project Applicant shall retain a Native American Monitor from the Gabrieleño Band of Mission Indians – Kizh Nation (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Gabrieleño Band of Mission Indians – Kizh Nation Tribal Monitor will only be present on-site during the construction phases that involve ground-disturbing activities within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Gabrieleño Band of Mission Indians – Kizh Nation 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 from the Gabrieleño Band of Mission Indians – Kizh Nation have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Gabrieleño Band of Mission Indians – Kizh Nation monitor. If the resources are Native American in origin, the Gabrieleño Band of Mission Indians – Kizh Nation Tribal Representative shall coordinate with the Project Applicant regarding treatment and curation of these resources. Typically, the Gabrieleño Band of Mission Indians – Kizh Nation will request reburial or preservation for educational Planning and Building Department, Planning Services Division - 13 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT purposes. Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (State CEQA Guidelines §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 State CEQA Guidelines §15064.5(f) for historical resources and PRC §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, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS 18 Prior to the issuance of a building permit, the applicant shall submit draft Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval by the City Engineer, Planning Director, and City Attorney, which will generally provide for the following: a. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third-party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. Public Works Department, Traffic Engineering Division Prior to the issuance of building permits, street improvement plans shall be submitted to the Public Works Department – Traffic Engineering for review and approval of proposed signing and/or red curb painting on the north side of Broadway adjacent to the project accesses. Signage and curb Public Works Department, Traffic Engineering Division - 14 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT painting modifications shall be installed per the approved plans and shall be completed prior to the first final building and zoning inspection. Prior to the issuance of building permits, plans shall be submitted showing stop control for southbound traffic direction at the Project Driveway/Broadway intersection. STOP signs, STOP bars, and STOP pavement legends shall be located within the subject property and be installed prior to the first final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering Division 19 A private water system with separate water service for fire protection and domestic water shall be provided by the applicant and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 20 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- 537.5) as amended by Senate Bill 7, water submetering shall be furnished and installed by the Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. Public Utilities Department, Water Engineering Division 21 The applicant shall provide all backflow equipment located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards by the applicant. Any other large water system equipment shall be installed by the applicant 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 by the applicant and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Department, Water Engineering Division 22 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted by the applicant through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 23 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded by the applicant if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities Department, Water Engineering Division 24 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water Public Utilities Department, Water Engineering Division - 15 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 25 The Owner/Developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities Department, Water Engineering Division 26 The Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. Public Utilities Department, Water Engineering Division 27 Water improvement plans shall be submitted by the applicant to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities Department, Water Engineering Division 28 Individual water service and/or fire line connections shall be provided by the applicant for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules and Regulations. Public Utilities Department, Water Engineering Division 29 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 30 Emergency vehicular access shall be provided and maintained by the applicant in accordance with Fire & Rescue Specifications and Requirements. All emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities; permeable pavers and turf block are not approved for use at this time. The applicant shall submit compaction report in order to verify that pavers can support the required load. Anaheim Fire & Rescue - 16 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Grasscrete shall not be used for any portion of the Fire department access road. 31 Access to Rescue Windows and Other Required Openings: All buildings equipped with openings, as required by the Fire and Building Code shall be provided by the applicant with an approved direct access route from the fire access road to accommodate fire department operations. The applicant shall provide plans showing the access route with a minimum of six (6) feet in width and designed to accommodate a twenty-one (21) foot fire department ladder. A clear area of at least eight (8) feet in width shall be maintained by the applicant free of permanent obstructions below all required rescue windows to allow for fire department ladder placement. The applicant shall show a landscaping plan will meet this requirement Anaheim Fire & Rescue 32 The applicant shall provide all backflow equipment located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards by the applicant. Any other large water system equipment shall be installed by the applicant 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 by the applicant and approved by Water Engineering and Cross Connection Control Inspector. Public Utilities Department, Water Engineering Division 33 Any/all existing easements that are shown/noted to be abandoned shall be abandoned and the applicant shall have abandonment document recorded. Public Works Department, Development Services Division 34 The applicant shall record Tract Map No. 19137 pursuant to the Subdivision Map Act and in accordance with City Municipal Code. Exception: Permits for models may be issued prior to recordation. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office. Public Works Department, Development Services Division 35 Subject to prior approval by City Engineer, a cash-in-lieu payment based on the engineer’s cost estimate, in an amount determined by the City Engineer, shall be paid by the applicant to the City of Anaheim for future street widening along Broadway. Public Works Department, Development Services Division 36 The applicant shall obtain a Right-of-Way Construction Permit (RCP) from the Development Services Division and post a security for construction of all required public improvements within street right-of-way. Public Works Department, Development Services Division 37 The applicant shall provide a certificate from a Registered Civil Engineer certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works Department, Development Services Division 38 The applicant shall provide site landscape plans that comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This Public Works Department, - 17 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881). Development Services Division 39 The owner/developer shall verify whether a single feed for fire service is adequate enough to provide the required fire flows as determined by Anaheim Fire Department for private fire hydrants. A fire flow test and hydraulic network analysis may be required. If there is not adequate fire flow from a single feed, an additional fire service connection shall be installed by the applicant. Public Utilities Department, Water Engineering Division PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 40 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 41 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 42 All public improvements shall be constructed by the developer/applicant, inspected and accepted by Construction Services prior to final building and zoning inspection. Public Works Department, Development Services Division 43 All remaining fees/deposits required by Public Works department must be paid in full by the applicant. Public Works Department, Development Services Division 44 The applicant shall set all Monuments in accordance with the final map and submit all centerline ties to Public Works Department. Any monuments damaged as a result of construction shall be reset to the satisfaction of the City Engineer. Public Works Department, Development Services Division 45 Prior to final building and zoning inspections, the applicant shall have all required WQMP items inspected and operational. Public Works Department, Development Services Division 46 Prior to final building and zoning inspections, the applicant shall have all required WQMP items inspected and operational. Public Works Department, Development Services Division 47 Prior to Final Building and Zoning Inspections, the property owner/developer shall execute and record with the Orange County Recorder an unsubordinated declaration of Covenants Conditions and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer, Planning Director, and City Attorney, which restricts the Public Works Department, Traffic Engineering Division - 18 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 48 The Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Department, Water Engineering Division 49 The applicant shall install a UL listed meter, Hersey Residential Fire Meter with Translator Register (no equals), for all fire services 2-inch and smaller. Public Utilities Department, Water Engineering Division ON-GOING DURING OPERATIONS 50 All new landscaping shall be installed by the applicant in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced by the applicant in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Planning Services Division 51 The applicant shall maintain trees in good health in perpetuity along the easterly property line to provide adequate screening and privacy from adjacent property, in accordance with the approved landscape plan. Planning and Building Department, Planning Services Division 52 Vehicle gates shall not be installed across the project driveways or access roads by the owner/applicant, 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, gates shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. Public Works Department, Traffic Engineering Division 53 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of Public Utilities Water Engineering - 19 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. GENERAL 54 A minimum of two connections to public water mains and water looping inside the project are required. Public Utilities Water Engineering 55 1. The following minimum horizontal clearances shall be maintained by the owner/applicant between proposed water main and other facilities: a. 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals b. 5-feet minimum separation from all other utilities, including storm drains, gas, and electric c. 6-feet minimum separation from curb face d. 10-feet minimum separation from structures, footings, and trees. 2. The following minimum clearances shall be provided by the owner/applicant around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): a. 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. b. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering 56 The applicant shall not install public water main or public water facilities in private alleys or paseo areas. Public Utilities Water Engineering 57 The applicant shall not install public water mains or laterals under parking stalls or parking lots. Public Utilities Water Engineering 58 Conditions of approval related to each of the timing milestones above shall be prominently displayed by the applicant on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 59 The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, Public Works Department, - 20 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. Traffic Engineering Division -1 - RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19137 (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, the City of Anaheim did receive a verified petition for the approval of Tentative Tract Map No. 19137 to establish a 1-lot, 112-unit attached residential subdivision for that certain real property located at the southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (I-5) Freeway and commonly referred to as 100-394 West Cerritos 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, Tentative Tract Map No. 19137 is proposed in conjunction with a request (i) to amend the Land Use Element of the General Plan to re-designate the Property from "Schools"to "Low-Medium Density Residential" land uses, which amendment to the General Plan isdesignated as General Plan Amendment No. 2020-00533, (ii) approval of Reclassification No.2020-00335 to reclassify the property from the “T” Transition zone to the “RM-3” Multiple- Family Residential Zone, (iii) approval of a conditional use permit to permit the construction of 112 attached single-family residences with modified development standards, which is designatedas "Conditional Use Permit No. 2020-06094" and (iv) approval of Development Agreement No.2021-00001 to provide the developer a vested right to develop the Proposed Project, and in returnthe developer would provide funding for City’s affordable housing programs. General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Development Agreement No. 2021-00001, and Tentative Tract Map No. 19137, shallbe referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 6.96 acres in size and is currently vacant, and is located in the "T" Transition zone. The Anaheim General Plan designates the Property for Schools 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 Procedure Manual, 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 Procedures 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 June 24, 2021, 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; Attachment 5 - 2 - at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021-00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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 Civic Center in the City of Anaheim on August 16, 2021, 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 a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the ____day of ____ 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, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council finds and determines and recommends that the City Council also find and determine 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 378 and that the City Council approve and adopt MMP 378; and WHEREAS, the City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Tract Map No. 19137, does find and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19137, including its design and improvements, is consistent with the General Plan of the City of Anaheim, and more particularly with the "Low-Medium Density Residential" land use designation proposed as part of General Plan Amendment No. 2020-00533, now pending. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19137, including its design and improvements, is consistent with the zoning and - 3 - development standards of the "RM-3" Multiple Family Residential Zone contained in Chapter 18.06) of the Code. 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19137, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19137, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19137, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision. 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 City of Anaheim does hereby approve Tentative Tract Map No. 19137, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2020-00533; (ii) an ordinance approving and adopting Reclassification No. 2020-00335, (iii) approval of a conditional use permit to permit the construction of 112 attached single-family residences with modified development standards, which is designated as "Conditional Use Permit No. 2020-06094" and (iv) approval of Development Agreement No. 2021-00001 to provide the developer a vested right to develop the Proposed Project, and in return the developer would provide funding for City’s affordable housing programs, all of which entitlements are now pending; the mitigation measures set forth in MMP 378; 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 said 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 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 - 4 - invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM MAYOR OF THE CITY OFANAHEIM ATTEST: ______________________________________________CITY CLERK OF THE CITY OF ANAHEIM - 5 - - 6 - EXHIBIT “B” TENTATIVE TRACT MAP NO. 19137 (DEV2020-00180) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF THE FINAL MAP 1 The vehicular access rights to Broadway shall be released and relinquished by the developer to the City of Anaheim, except at approved driveways. Public Works, Development Services 2 The final map shall be submitted by the developer to the City of Anaheim, Public Works Development Services Division and to the Orange County Surveyor for technical correctness review and approval. Public Works, Development Services 3 The developer shall execute a maintenance covenant with the City of Anaheim in a form that is approved by the City Engineer and the City Attorney for the private improvements including but not limited to private utilities, sewers, drainage devices, parkway landscaping and irrigation, private street lights, etc. in addition to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded concurrently with the final map. Public Works, Development Services 4 The developer shall execute a Subdivision Agreement and submit security in an amount acceptable to the City Engineer to guarantee construction of the public improvements required herein. Security deposit shall be in accordance to City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the final map. Public Works, Development Services 5 The developer shall pay all applicable impact fees required under the Anaheim Municipal Code. Public Works, Development Services 6 The developer shall provide a Monumentation bond in an amount specified in writing by a Licensed Land Surveyor of Record. Public Works, Development Services 7 The developer shall comply with all applicable requirements of the Anaheim Municipal Code. Public Works, Development Services RESOLUTION NO. PC2021-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED DEVELOPMENT AGREEMENT NO. 2021- 00001 BY AND BETWEEN THE CITY OF ANAHEIM AND MELIA HOMES, INC. (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (herein referred to as the “Statute”) authorizes a city to enter into a contract which is called a development agreement in order to establish with certainty what regulations will govern the construction of a development; and WHEREAS, the City Council of the City of Anaheim (herein referred to as the “City Council”), as a charter city, enacted Ordinance No. 4377 on November 23, 1982 (herein referred to as the “Enabling Ordinance”), making the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City Council adopted Resolution No. 82R-565 on November 23, 1982 (herein referred to as the “Procedures Resolution”), establishing procedures and requirements for consideration of development agreements by the City upon receipt of an application therefor; and WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a Development Agreement (“Development Agreement No. 2021-00001), for that certain real property located at 2323 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"), for the purpose of allowing the applicant to construct a residential development consisting of 112 single –family attached residential units (the “Project”); and WHEREAS, Development Agreement No. 2021-00001 is proposed in conjunction with a request for (i) General Plan Amendment No. 2020-00533 to amend the land use designation from Schools to Low-Medium Density Residential; (ii) Reclassification No. 2020-00335 to reclassify the property to “RM-3” Multiple-Family Residential zone from the “T” Transition zone; (iii) Conditional Use Permit No. 2020-06094 to permit a residential development consisting of 112 single-family attached residential units with modified development standards; and (iv) Tentative Tract Map No. 19137 to permit a 1-lot, 112 unit attached single-family residential subdivision of the Property for condominium purposes. General Plan Amendment 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, Development Agreement No. 2021-00001, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 6.96 acres in size. The project site is located in the “T” Transition zone, and is designated for Schools land uses by the General Plan. The development standards and regulations of Chapter 18.06 (Multiple-Family Residential zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project, subject to approval of Reclassification 2020-00335 , now pending; and WHEREAS, Development Agreement No. 2021-00001 is proposed to provide for the development of the Project and certain vested development rights for the term of the Development Agreement, and in return the developer would provide funding for City’s affordable housing programs; and Attachment 6 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 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 June 24, 2021, 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; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City’s affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021-00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; 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. 378"); 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 in the City of Anaheim on August 16, 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 (Procedures) of the Code, to hear and consider evidence for 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, the Planning Commission, after due consideration, inspection, investigation and study made by itself, and based upon, all evidence and reports offered at said hearing with respect to the Development Agreement No. 2021-00001, does hereby further find and determine that proposed Development Agreement meets all of the standards and requirements set forth in the Procedures Resolution, which was adopted by the City Council on November 23, 1982, that is: 1. The proposed Development Agreement No. 2021-00001 is consistent with the General Plan and with the goals, policies, programs and objectives specified in the General Plan; 2. The proposed Development Agreement No. 2021-00001 is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district(s) in which the Project is and will be located, upon adoption of Reclassification No. 2020-00335, now pending; 3. The proposed Development Agreement No. 2021-00001 is compatible with the orderly development of property in the surrounding area; 4. The proposed Development Agreement No. 2021-00001 is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim as it will provide funding to the City’s affordable housing programs; and 5. The proposed Development Agreement No. 2021-00001 constitutes a lawful, present exercise of the City’s police power and authority under, is entered into pursuant to, and is in compliance with the City’s charter powers, the requirements of Section 65867 of California Government Code and the Procedures Resolution, and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve Development Agreement No. 2021- 00001, in the form presented at this meeting, contingent upon and subject to the approval of (1) General Plan Amendment No. 2021-00533, (2) Reclassification No. 2020-00335, (3) Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, (4) the mitigation measures set forth in Mitigation Monitoring Plan No. 378 for the Project; and (5) the conditions of approval associated with Conditional Use Permit No. 2020-06094, 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 16, 2021. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Laverne Ortiz, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on August 16, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of August, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM Attachment 6a Attachment No. 7 Link to Initial Study/Mitigated Negative Declaration http://www.anaheim.net/876/Environmental-Documents http://www.anaheim.net/DocumentCenter/View/37887/Townes-at-Broadway-ISMND 1 | P a g e 1/29/2021 - PROJECT DESCRIPTION: Townes @ Broadway; 2323 W Broadway, ANAHEIM This Melia Homes project proposes to redevelop the existing Cornelia Connelly private school site located at 2323 W. Broadway, Anaheim. The proposed entitlements are comprised of a General Plan Amendment from “School” to Low-Medium Residential (0-18 du/ac); zone reclassification from “T” Transitional to RM-3, a Tentative Tract Map and Conditional Use Permit, to create residential multifamily townhome community with private drive aisles, parking, landscaping, and recreation area that includes a private community swimming pool and spa recreation amenity. The project will be named “Townes @ Broadway”. The existing Cornelia Connelly School is owned by Cornelia Connelly School of the Holy Child, a California corporation, and consists of approximately 6.496 acres and is developed with several buildings for the private school which has closed permanently. The property is comprised of APN: 127-051-43. The site existing buildings and improvements will be demolished. The intent is to maintain the majority of the large existing eucalyptus windrow trees along the north property boundary, if possible, and match grades as engineering design allows. The Site Plan presented provides a conceptual site plan, floor plans and elevations for redevelopment of the school site into proposed residential multifamily development. PROPOSED RESIDENTIAL TOWNHOMES The development of Residential uses under the proposed RM-3 zone reclassification is proposed to include 112 attached for-sale 3-Story Multifamily Residential Townhomes that are situated with access, parking, and recreation area within the 6.496 acre site (282,965.76 SF). If the proposed GPA and Reclassification is to be approved, the site area provides for the allowance up to 117 dwelling units based on the RM-3 requirement of AMC 18.06.040 - LOT AREA, Table 6-D - SITE AREA PER DWELLING UNIT: MULTIPLE-FAMILY RESIDENTIAL ZONES of 2,400 Square Feet Minimum Lot Area Per Dwelling Unit. Proposed Townhomes are comprised of 4 plan types, Plan 1 through Plan 4, that are grouped in 3 different building types. The total count is summarized as follows: PLAN / Mix SUMMARY (GROSS SF) • 22 PL 1 @ 1,596 SF 2BD • 33 PL 2 @ 1,703 SF 3BD • 33 PL 3 @ 1,802 SF 3BD+DEN (OPT. 4TH BD) • 24 PL 4 @ 1,905 SF 4BD OR 3BD+DEN) Residential Parking Summary: • 22 Plan 1 (2BD) @ 2.25 STALLS 49.5 • 33 Plan 2 (3BD) @ 3.0 STALLS 102 • 57 Plan 3 and 4 (4BD) @ 3.5 STALLS 196 348 STALLS REQUIRED Residential Off-Street Parking PROVIDED: 224 GARAGES Spaces; and 124 GUEST and OPEN Parking Stalls 348 TOTAL / (3.13 STALLS/UNIT PROVIDED). Attachment 8 2 | P a g e OPEN SPACE SUMMARY: 112 UNITS X 350 SF = 39,200 S.F. TOTAL REQUIRED / PROVIDED: 65,840 S.F (65,840/112 units = 587.8 SF/DU IS PROVIDED AT GRADE (10' MIN. DIM.). The balconies proposed do not meet the 7’ foot minimum dimension to be included in the open space calculations; however, the balcony as Private Open Space SF is not required to meet development standard for the project. Balconies provided are appropriate for the development proposed for a superior living experience for residents on the primary living second levels. The at grade open space areas provide separate recreation opportunity areas within the project that will incorporate passive and active opportunities. There is a large multi-use dynamic pool and spa recreation area located near the front of the proposed community that includes community amenities such as outdoor BBQ / kitchen area, shaded lounging areas, fire pit, and sunning areas. The recreation building to house the pool equipment and private restrooms that is specially designed to replicate the Cornelia Connelly school heritage of the site through its architecture design. The recreation building incorporates the design elements of the school site building’s façade walls and the prevalent louver element designs along the frontage of Broadway. In addition, the landscape paseos between and along the front of the buildings will be landscaped appropriately for enhanced pedestrian access to entries throughout the site and provide connections to the public right of way. The row of parking spaces along the western boundary complies with AMC 18.46.060 for Landscape Parking areas with full size parking spaces (18 feet) along a 5’ planter area and incorporates planter islands between each block of 10 parking stalls. SETBACKS AND BUILDING SEPARATION: The site plan for residential development is in compliance with AMC 18.06.090.040 Setbacks Within One Hundred Fifty (150) Feet of Single-Family Residential Zones for 3 story structures for Primary Walls are a minimum of 55 feet from the Western PL. Design is also in compliance with Front setback from ultimate ROW of Broadway at 20 feet, and interior setbacks to the north and east are proposed at 20 feet minimum each. We propose as part of the CUP request for residential multifamily, that the CUP allow deviation in interior building separations for 3-story primary walls. The deviation request is from standard of 40 feet to be reduced to approximately a minimum of 16.5 feet between four of the buildings’ side to side primary wall elevations due to single level utility enclosure features, where most are minimum 17 or 18 feet separated; and 28 feet between 2nd floor rear elevations along the drive aisles; and within common area paseos where front elevations distance between buildings is a minimum of 28 feet separation, with most larger than this noted minimum for the primary building front wall facades. The front and rear elevations of the buildings carry variation in the façade designs and wall feature undulations. FRONT SETBACK FENCING / ENCLOSURE: We propose a 6’ high combination fence/wall and open wrought iron tubular steel fencing undulating along the Broadway frontage of the project with landscape improvements on the exterior of the project perimeter fence/wall. The combination wall / fence is comprised of spans of solid masonry wall, spans of wrought iron fencing, and spans of combination 2’ high block wall with 4’ wrought iron fencing atop. We propose a 6’ high fence/wall to minimum be 15’ feet setback from right of way and other areas are 20’ or more setback, meeting the minimum front setback of 15 feet, and an average of over 20’ across the frontage (21.56 feet) per development standards 18.46.110. The project will utilize the existing perimeter walls along the east and west boundaries and site design is matching existing grade. A new 6’ masonry screen wall is proposed across the north boundary since the existing north fence is off-site. The project is not proposed to be a vehicular gated community. The ingress / egress located at the East portion of the frontage is designed with spacious landscape medians and deep ingress / egress lanes into 3 | P a g e the site. The previously included Emergency Vehicle Access (EVA) at the western portion of the frontage has been eliminated. The EVA is not required and without ability to use “Grass Crete” or “Turfblock” designs in the frontage, which is not permitted by Fire as drivable surface, and we want to avoid driver confusion from ROW as a driveway. The EVA and gate have been eliminated and landscape redesigned in the frontage. SITE COVERAGE: The Residential component of the site plan complies with the RM-3 AMC 18.06.080 SITE COVERAGE maximum of 45% with a proposed Site Coverage of approximately 34%. SOLID WASTE: Residential Fire and Solid Waste (Trash) access is provided per the City Std 476 – with a specific request for residential individual home solid waste and recycling bins for each home. Space is provided in the garages for Trash and Recycling in each of the floor plans. Green waste is not required, as all open space is common and will be maintained by a HOA. The Solid Waste Management Plan has been approved on December 17,2020 and that plan layout is included as Sheet L-7 of the Landscape Plan set. ACCESS: The proposed driveway at Broadway is a split driveway with median landscape providing access into and throughout circulation for the residential portion is not intended as a private street due project design and orientation. Rather, it is a private drive aisle that provides protruding elements of landscape pockets for traffic calming while proving direct access to garages and on-site parking. All parking is either in attached two car garages and head-in parking stalls, with 5 proposed parallel stalls, and there is not any parking proposed curbside within the drive aisle. In addition, pedestrian access throughout the site is not intended to be street adjacent but based on the paseo landscape unit entries and recreation area connections designed within the concept, and provides pedestrian circulation from those paseos and landscape areas to connection points to on-site parking areas, as well as to the public sidewalk at Broadway. AFFORDABLE HOUSING: Melia Homes is volunteering an offer of $1,000 per unit ultimately approved to be paid to the City housing authority for benefit of citywide housing programs. Melia is not requesting any density bonus units in our application nor asking for any reduction in parking requirements in regard to number of spaces provided. The requested building separation deviations should evaluate the design merits, and numerous precedent applications and approvals that exist granting similar separation of buildings. SUMMARY The application will be for the General Plan Amendment from “School” to Low-Medium Residential (0-18 du/ac); zone reclassification from “T” Transitional to RM-3, a Tentative Tract Map for condominium purposes, and Conditional Use Permit for multifamily residential homes, including the modification of standards for residential building separations for the residential project. See attached justification for General Plan Amendment and Reclassification. Sincerely, Chad Brown Vice President of Planning & Development 8951 Research Drive Irvine, CA 92618 Main (949)759-4367, Ext. 264 4 | P a g e Justification for General Plan Amendment and Reclassification: This Melia Homes project proposes to redevelop the existing vacated Cornelia Connelly private school site located at 2323 W. Broadway, Anaheim. The proposed entitlements are comprised of a requested General Plan Amendment of the Land Use Element from “School” to Low-Medium Density Residential (0-18 du/ac). The project also requests a zone reclassification from “T” Transitional to RM-3. The site is proposed to be designated Residential-Low Medium (R-LM) in the City General Plan. The Low-Medium Density Residential designation provides for a wide range of residential uses, including detached, small-lot single-family homes, attached single-family homes, patio homes, zero lot line homes, duplexes, townhouses, and mobile home parks. This category is implemented by the RS-4, RM-1, RM-2, and RM-3 zones. The permitted density range is from zero up to 18 dwelling units per gross acre. The property is currently zoned "T" Transition Zone. The "T" Zone is to provide for a zone to include land that is in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts for whatever reason. The project proposal will request reclassification to Zone RM-3 consistent with implementation of the proposed General Plan Land use designation. The existing General Plan Designation of “School” is placed on existing public and larger, established private schools, including elementary, junior, and high schools. The property owner has decided to close the private school that had operated on the property and found zero interest in the private education market for a buyer or replacement operator. This LU designation is very limited in uses and in this case will cause deterioration and potential vagrancy and nuisance on the surrounding community if left vacant and abandoned and new use designations not considered. Therefore, an amendment is requested to facilitate a land use consistent with surrounding environment and land uses, and to facilitate the city providing a variety of residential land uses that offer diverse housing opportunities for Anaheim’s equally diverse population. Inspection around the adjacent designations and zoning classifications of the project site demonstrates the diversity of housing; to the east is Medium Density Res (0-36.0 Du/Ac) and zoned RM-4 as 3 story apartment homes, to the north is Residential-Low Medium (0-18.0 Du/Ac) and zoned RM-2 and developed as 2 story SFD homes, and to the west and south across Broadway is Low Density Residential (0-6.5 du/Ac) and zoned RS-2 and developed as mostly SFD homes. This project will revitalize a potential nuisance site, with for sale housing at market levels that will invite opportunities for existing families to remain and move up or down within the City of Anaheim. The following section describes Land Use Goals and Policies that, in conjunction with the proposal support this change requested. Land Use Plan and accompanying density and intensity standards, guide future land development of the City. Land Use Element Policy Goals this project helps achieve: Goal 1.1: 2) Ensure that new development is designed in a manner that preserves the quality of life in existing neighborhoods. 3) Encourage future development to provide functional public spaces that foster social interaction. Goal 2.1: 1) Facilitate new residential development on vacant or underutilized infill parcels. Goal 7.1: 4) Continue to pursue infill residential development opportunities at mid-block locations along the City’s arterial streets as an alternative to underutilized commercial land uses. Goal 9.1: 5) Maintain and enforce development standards and Community Design Element policies and guidelines that promote high quality development. 5 | P a g e 7) Preserve single-family neighborhoods and encourage residential development that promotes home ownership. The property size is adequate in size and shape to accommodate the proposed development and should be found compatible with surrounding residential land uses of various types and densities. Proposed project design complies with all perimeter setbacks, including special setbacks from the RS zone single family residential zones, interior property lines, and front setbacks abutting an arterial highway designated street. Perimeter and internal landscaping will provide further buffering and attractive street frontage designs. Design also provides a deep drive entry access point aligned with adjacent street intersection. The street frontage also pays homage in a feasible way to the past use of the site as encouraged by Planning Staff during preliminary discussions. The recreation building to house the pool equipment and private restrooms that is specially designed to replicate the Cornelia Connelly school heritage façade of the site through its architecture design. The recreation building incorporates the design elements of the school site building’s façade walls and the prevalent louver element designs along the frontage of Broadway. P A R K I N G S U M M A R Y 2 2 U @ 2 . 2 5 S T A L L S 4 9 . 5 3 3 U @ 3 . 0 S T A L L S 9 9 5 7 U @ 3 . 5 S T A L L S 1 9 9 . 5 3 4 8 S T A L L S R E Q ' D 2 2 4 G A R A G E S 9 6 O P E N S T A L L S 2 8 G U E S T S T A L L S 3 4 8 T O T A L S T A L L S P R O V I D E D ( 3 . 1 0 S T A L L S / U N I T P R O V I D E D ) A D A P A R K I N G 9 6 A S S I G N E D O P E N S T A L L S @ 2 % = 2 S T A L L S 2 8 U N A S S I G N E D G U E S T S T A L L S @ 5 % = 2 S T A L L S 4 A D A S T A L L S R E Q U I R E D 6 5 , 8 4 0 S . F . C O M M O N A R E A A T G R A D E ( 1 0 ' M I N . D I M . ) 6 5 , 8 4 0 / 1 1 2 U N I T S = 5 8 7 . 8 S . F . P E R U N I T ( 3 5 0 S F R E Q ' D ) S I T E C O V E R A G E = 3 4 % ( 4 5 % A L L O W E D ) P L A N S U M M A R Y ( G R O S S ) 2 2 P L 1 @ 1 , 6 0 6 S F 2 B D 3 3 P L 2 @ 1 , 7 3 4 S F 3 B D 3 3 P L 3 @ 1 , 7 9 7 S F 3 B D + D E N ( O P T . 4 B D ) 2 4 P L 4 @ 1 , 9 7 9 S F 3 B D + D E N ( O P T . 4 B D ) B L D G M I X Q T Y T Y P E A 4 - 1 - 3 - 2 7 T Y P E B 4 - 2 - 3 - 1 - 4 4 T Y P E C 1 - 3 - 2 - 3 - 2 2 T Y P E D 1 - 3 - 2 - 2 - 4 - 3 9 P R O J E C T S U M M A R Y 6 . 4 9 A C R E S - 1 7 . 2 5 D U / A C R E 1 1 2 U N I T S T O T A L Z O N I N G - R M - 3 R E S I D E N T I A L L O W - M E D C U R R E N T U S E - S C H O O L / T R A N S I T I O N A L T Z O N E F I R E S P R I N K L E R S R E S I D E N T I A L B U I L D I N G S - N F P A 1 3 - D P O O L B U I L D I N G - N O N - S P R I K L E R E D 3 S T O R Y - R 3 T Y P E V B R O W T O W N H O M E S 2 C A R A T T A C H E D G A R A G E S A 4 - 1 - 3 - 2 7 B 4 - 2 - 3 - 1 - 4 4 C 1 - 3 - 2 - 3 - 2 2 D 1 - 3 - 2 - 2 - 4 - 3 9 L E G E N D F I R E R E S C U E W I N D O W L O C A T I O N A T 3 R D F L O O R * 4 . 0 1 5 . 3 1 0 . 0 4 . 0 BLDG 21 (A-ENH)BLDG 22 (A-ENH)REC AREABLDG 1 (A-ENH)BLDG 2 (D) R M - 2 Z O N I N G D R A I N A G E E A S E M E N T 4 5 6 . 3 0 ' RS-2 SIN G L E F A M I L Y D W E L L I N G S 6 2 1 . 4 9 ' 2323 W. BROADWAY R M - 4 Z O N I N G ROSEBAY 6 2 1 . 5 1 ' 453.85'BLDG 18 (A- E N H ) B L D G 3 ( B ) B L D G 4 ( B ) BLDG 19 (A) B L D G 1 7 ( A ) B L D G 1 4 ( D ) B L D G 1 3 ( D ) B L D G 1 0 ( D ) B L D G 9 ( D ) B L D G 6 ( D ) B L D G 5 ( A ) B L D G 7 ( C ) B L D G 8 ( D ) B L D G 1 1 ( B ) B L D G 1 2 ( D ) B L D G 1 5 ( D ) B L D G 1 6 ( B ) BLDG 20 (C)*********************************** *********** ***** ***** * * * * * * * * * * ****** ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ************ * * * * * * * * * * * * ******** ******* * * *********** * * * * * * * * * * * * * * * * * ******** ******* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ******** ******* ******** ******* A R C H I T E C T U R A L S I T E P L A N 0 3 0 6 0 9 0 N O R T H S P MELIA HOMES8951 Research Drive, Suite 100Irvine, CA 92618(949) 759-4367 5 2 5 6 S . M I S S I O N R O A D S T E . 4 0 4 B O N S A L L , C A . 9 2 0 0 3 7 6 0 . 7 2 4 . 1 1 9 8 J A N 2 9 , 2 0 2 1 ANAHEIM, CA S c a l e 2 3 2 3 W . B R O A D W A Y - T O W N E S A T B R O A D W A Y SITE PLAN NOTE:VEHICLE GATES SHALL NOT BE INSTALLED ACROSS T H E PROJECT DRIVEWAYS OR ACCESS ROADS WITHOU T APPROVAL BY THE CITY ENGINEER. A T T A C H M E N T 9 C O M M O N O P E N S P A C E S U M M A R Y R E Q U I R E D C O M M O N O P E N S P A C E : 3 5 0 S F / P E R U N I T 3 5 0 S F X 1 1 2 U N I T S 3 9 , 2 0 0 S F C O M M O N O P E N S P A C E R E Q U I R E D ( 1 0 ' - 0 " M I N I M U M D I M E N S I O N ) P R O V I D E D C O M M O N O P E N S P A C E : A R E A 1 = 1 0 , 8 2 1 S F A R E A 2 = 8 , 5 0 9 S F A R E A 3 = 3 , 0 4 4 S F A R E A 4 = 1 1 , 6 2 4 S F A R E A 5 = 1 1 , 3 2 7 S F A R E A 6 = 1 1 , 2 9 4 S F A R E A 7 = 9 , 2 2 1 S F T O T A L 6 5 , 8 4 0 S F 6 5 , 8 4 0 S F / 1 1 2 U N I T S = 5 8 7 . 8 S F / U N I T A L L C O M M O N R E C R E A T I O N A L - L E I S U R E A R E A S S H A L L B E C O N V E N I E N T L Y L O C A T E D A N D R E A D I L Y A C C E S S I B L E F R O M A L L D W E L L I N G U N I T S L O C A T E D I N T H E B U I L D I N G S I T E A N D S H A L L B E I N T E G R A L W I T H , A N D C O N T I G U O U S T O , O T H E R C O M M O N A R E A S O N T H E B U I L D I N G S I T E . T H E C O M M O N R E C R E A T I O N A L - L E I S U R E A R E A M A Y B E C O M P O S E D O F A C T I V E O R P A S S I V E F A C I L I T I E S , A N D M A Y I N C O R P O R A T E A N Y R E Q U I R E D S E T B A C K A R E A S O T H E R T H A N S T R E E T S E T B A C K A R E A S A N D R E Q U I R E D L A N D S C A P E S E T B A C K S , B U T S H A L L N O T I N C L U D E O R I N C O R P O R A T E A N Y D R I V E W A Y S O R P A R K I N G A R E A S , T R A S H P I C K U P O R S T O R A G E A R E A S O R U T I L I T Y A R E A S . T H E C O M M O N R E C R E A T I O N A L - L E I S U R E A R E A S H A L L H A V E A M I N I M U M D I M E N S I O N O F T E N ( 1 0 ) F E E T . T H E R E Q U I R E D S T R E E T S E T B A C K I S 2 0 ' - 0 " A N D L A N D S C A P E S E T B A C K S A R E 5 ' - 0 " A L O N G T H E I N T E R I O R P R O P E R T Y L I N E S . T H E S E A R E A S S H A L L N O T B E I N C L U D E D I N T H E C A L C U L A T I O N . L E G E N D C O M M O N O P E N S P A C E 4 . 0 1 5 . 3 1 0 . 0 4 . 0 BLDG 21 (A-ENH)BLDG 22 (A-ENH)REC AREABLDG 1 (A-ENH)BLDG 2 (D) R M - 2 Z O N I N G D R A I N A G E E A S E M E N T 4 5 6 . 3 0 ' RS-2 SIN G L E F A M I L Y D W E L L I N G S 6 2 1 . 4 9 ' 2323 W. BROADWAY R M - 4 Z O N I N G ROSEBAY 6 2 1 . 5 1 ' 453.85'BLDG 18 (A- E N H ) B L D G 3 ( B ) B L D G 4 ( B ) BLDG 19 (A) B L D G 1 7 ( A ) B L D G 1 4 ( D ) B L D G 1 3 ( D ) B L D G 1 0 ( D ) B L D G 9 ( D ) B L D G 6 ( D ) B L D G 5 ( A ) B L D G 7 ( C ) B L D G 8 ( D ) B L D G 1 1 ( B ) B L D G 1 2 ( D ) B L D G 1 5 ( D ) B L D G 1 6 ( B ) BLDG 20 (C)AREA 1 - 10,821 SF AREA 2 - 8,509 SF A R E A 7 - 9 , 2 2 1 S F AREA 3 - 3,044 SF AREA 4 - 11,624 SF A R E A 5 - 1 1 , 3 2 7 S F A R E A 6 - 1 1 , 2 9 4 S F C O M M O N O P E N S P A C E E X H I B I T 0 3 0 6 0 9 0 N O R T H O S MELIA HOMES8951 Research Drive, Suite 100Irvine, CA 92618(949) 759-4367 5 2 5 6 S . M I S S I O N R O A D S T E . 4 0 4 B O N S A L L , C A . 9 2 0 0 3 7 6 0 . 7 2 4 . 1 1 9 8 J A N 2 9 , 2 0 2 1 ANAHEIM, CA S c a l e 2 3 2 3 W . B R O A D W A Y - T O W N E S A T B R O A D W A Y PERSPECTIVES A-1MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY NORTHWEST VIEW FROM MAGNOLIA NORTHEAST VIEW FROM MAGNOLIA 1ST FLR2ND FLR3RD FLR MBD BD2 BA1 BA2 WIC WIC LIVING KITCHEN DINING BALC (65 SF) 6' - 3 1 2 " 11'-4" LAUN SI D E W I N D O W S O C C U R A T E N D U N I T S O N L Y ( T Y P . A L L F L O O R S ) FAMILY 35 ' - 4 " 21'-0" 20'-5" 20 ' - 0 " 2 CAR GARAGE R PWD @ ADA UNITS ONLY TR 28" x 30.5" EA. 100 C.F. OVERHEAD STORAGE 14 ' - 1 0 1 2 " 21'-0" 18 ' - 7 1 2 " 10 ' - 5 " 35 ' - 4 " 9'-8" 11'-4"5'-10"3'-10" 9'-3"11'-9" 9' - 8 1 2 " 7' - 5 " 5' - 7 " 12 ' - 7 1 2 " 11'-4"9'-8" 20 ' - 5 1 2 " PWD 1ST FLR (ADA) FAMILY 35 ' - 4 " 21'-0" 20'-5" 20 ' - 0 " 2 CAR GARAGE RTR 28" x 30.5" EA. 100 C.F. OVERHEAD STORAGE 14 ' - 1 0 1 2 " 11'-4"5'-10"3'-10" 20 ' - 5 1 2 " PWD PLAN 1 - 1,606 S.F. A-20 4 8 12MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY PLAN 1: 2BD/2.5BA 1ST FLOOR 287 SF 2ND FLOOR 660 SF 3RD FLOOR 659 SF TOTAL LIVABLE 1,606 SF BALC. 65 SF GARAGE 444 SF NOTE: PLANS TO INCLUDE ENERGY STAR APPLIANCES, DUAL GLAZED WINDOWS, SMART THERMOSTATS AND INTERIOR LED LIGHTING 1ST FLR2ND FLR3RD FLR BD3 20'-5" 20 ' - 0 " 2 CAR GARAGE 21'-0" 36 ' - 9 " TR R BA3WIC28" x 30.5" EA.LIVING KITCHEN DINING BALC (60 SF)6' - 6 1 2 " 10'-2" LAUN SI D E W I N D O W S O C C U R A T E N D U N I T S O N L Y ( T Y P . A L L F L O O R S ) MBD BD2 BA1 BA2 WIC WIC 20 ' - 5 1 2 " 14 ' - 1 0 1 2 " 1' - 5 " 15'-2"5'-10" 4'-8"6'-2" 2' - 0 " 2' - 0 " 35 ' - 4 " 1' - 5 " 5'-9"15'-3" 13 ' - 7 " 7' - 8 1 2 " 13 ' - 5 1 2 " 4' - 0 " 15'-3"5'-9" 2'-6"2'2'-6" 3' 100 C.F. OVERHEAD STORAGE 13 ' - 1 0 " 18 ' - 4 1 2 " PLAN 2A - 1,734 S.F. A-30 4 8 12MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY PLAN 2A: 3BD/3.5BA 1ST FLOOR 302 SF 2ND FLOOR 723 SF 3RD FLOOR 709 SF TOTAL LIVABLE 1,734 SF BALC. 60 SF GARAGE 445 SF NOTE: PLANS TO INCLUDE ENERGY STAR APPLIANCES, DUAL GLAZED WINDOWS, SMART THERMOSTATS AND INTERIOR LED LIGHTING 1ST FLR2ND FLR3RD FLR BD3 20'-5" 20 ' - 0 " 2 CAR GARAGE 22'-6" 11 ' - 9 1 2 " TR R BA3WIC28" x 30.5" EA.LIVING KITCHEN DINING BALC (60 SF)6' - 6 1 2 " 10'-2" LAUN MBD BD2 BA1 BA2 WIC WIC 20 ' - 5 1 2 " 14 ' - 1 0 1 2 " 1' - 5 " 15'-2"5'-10" 4'-8"6'-2" 2' - 0 " 2' - 0 " 35 ' - 4 " 1' - 5 " 5'-9"15'-3" 13 ' - 7 " 7' - 8 1 2 " 13 ' - 5 1 2 " 4' - 0 " 15'-3"5'-9" PO P O U T @ B R O A D W A Y O N L Y 100 C.F. OVERHEAD STORAGE 11 ' - 6 " 15 ' - 5 1 2 " 2'-6"2'2'-6" 3' 11 ' - 6 " 13 ' - 5 1 2 " 1'-6" 5' - 3 " 1'-6" 1'-6" PLAN 2B - 1,734 S.F. A-40 4 8 12MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY PLAN 2B: 3BD/3.5BA 1ST FLOOR 302 SF 2ND FLOOR 723 SF 3RD FLOOR 709 SF TOTAL LIVABLE 1,734 SF BALC. 60 SF GARAGE 445 SF NOTE: PLANS TO INCLUDE ENERGY STAR APPLIANCES, DUAL GLAZED WINDOWS, SMART THERMOSTATS AND INTERIOR LED LIGHTING 1ST FLR2ND FLR3RD FLR 21'-0" OPTIONAL BDRM 4 2 CAR GARAGE OPTIONAL 1ST FLR BA3WIC LIVING KITCHEN DINING BALC (63 SF)6' - 8 1 2 " 12'-812" LAUN PWD MBD BD2 BD3 WIC BA1 BA2 100 C.F. OVERHEAD STORAGE 32 ' - 3 1 2 " 21'-0"10'-1012"10'-112" 12 ' - 9 " 2' - 3 1 2 " 3' - 3 1 2 " 6' - 9 1 2 " 13 ' - 1 0 1 2 " 12'-812"8'-312" 2' - 0 " 23 ' - 4 " 13 ' - 8 " 39 ' - 0 " 8'-312" DEN 20'-5" 20 ' - 0 " 2 CAR GARAGE PWD RTR 28" x 30.5" EA. 2' 5' 2' 2' 5' SI D E W I N D O W S O C C U R A T E N D U N I T S O N L Y ( T Y P . A L L F L O O R S ) 100 C.F. OVERHEAD STORAGE 10'-4"5'-0"4'-0"1'-8" RTR 28" x 30.5" EA. 21'-0" 2' - 0 " 23 ' - 4 " 13 ' - 8 " 39 ' - 0 " 20'-5" 20 ' - 0 " 10'-4"5'-0"4'-0"1'-8" PLAN 3 - 1,797 S.F. A-50 4 8 12MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY PLAN 3: 3BD/2.5BA 1ST FLOOR 317 SF 2ND FLOOR 734 SF 3RD FLOOR 746 SF TOTAL LIVABLE 1,797 SF BALC. 63 SF GARAGE 445 SF NOTE: PLANS TO INCLUDE ENERGY STAR APPLIANCES, DUAL GLAZED WINDOWS, SMART THERMOSTATS AND INTERIOR LED LIGHTING 17'-0" 36 ' - 5 " 1ST FLR3RD FLR 100 C.F. OVERHEAD STORAGE TR R 28" x 30.5" EA. 21'-5" 20 ' - 0 " 2 CAR GARAGE 2ND FLR 36 ' - 5 " DEN 100 C.F. OVERHEAD STORAGE TR R 28" x 30.5" EA. 21'-5" 20 ' - 0 " 2 CAR GARAGE 22'-0" 2' - 4 " 37 ' - 8 " 0' - 9 " 40 ' - 9 " 17'-0"5'-0" LAUN MBD BD2 BD3 WIC BA1 BA2 22'-0"16'-012" LIVING KITCHEN DINING PWD 37 ' - 8 " 5'-0" 22'-0" 0' - 9 " 40 ' - 9 " 17'-0" 6' - 3 1 2 "BALC (94 SF) 16'-012"5'-1112" 40 ' - 9 " 2'2'-6"2'-6" SI D E W I N D O W S O C C U R A T E N D U N I T S O N L Y ( T Y P . A L L F L O O R S ) 5'-0" 2' - 4 " BA3 2' - 4 " 1ST FLR (ADA) 17'-0"5'-0" PWD 1' - 3 " 0' - 9 " 22'-0" 1' - 3 " 0' - 9 " 2'2'-6"2'-6" 3 ' DEN BDRM 4 2'2'-6"2'-6" 1ST FLR (OPTIONAL BEDROOM) 17'-0"5'-0" TR R 28" x 30.5" EA. BA3 PLAN 4 - 1,979 S.F. A-60 4 8 12MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY PLAN 4: 3BD/3.5BA 1ST FLOOR 338 SF 2ND FLOOR 778 SF 3RD FLOOR 863 SF TOTAL LIVABLE 1,979 SF BALC. 97 SF GARAGE 466 SF NOTE: PLANS TO INCLUDE ENERGY STAR APPLIANCES, DUAL GLAZED WINDOWS, SMART THERMOSTATS AND INTERIOR LED LIGHTING PL 1 PL 2ARPL 4 PL 3 85'-6" 1ST FLR - BLDG A 2ND FLR - BLDG A 3RD FLR - BLDG A PL 1 PL 4 PL 2AR PL 3 PL 1 PL 2ARPL 4 PL 3 2' 5' 2 ' - 6 " 2 ' 2 ' - 6 " 3' 2'2'-6"2'-6" 3' EN H A N C E M E N T A T B R O A D W A Y E L E V A T I O N 2' 5' 2'2'-6"2'-6" 3' 2 ' - 6 " 2 ' 2 ' - 6 " 3' EN H A N C E M E N T A T B R O A D W A Y E L E V A T I O N 85'-6" PL 1 PL 2BRPL 4 PL 3 1ST FLR - BLDG A ENHANCED 2ND FLR - BLDG A ENHANCED PL 1 PL 2BRPL 4 PL 3 3RD FLR - BLDG A ENHANCED PL 1 PL 4 PL 2BR PL 3 EN H A N C E M E N T A T B R O A D W A Y E L E V A T I O N BLDG A & A ENHANCED A-70 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY 2 ' 5 ' 2'-6"2'2'-6" 2'2'-6"2'-6" 3 ' 2 ' 2 ' - 6 " 2 ' - 6 " 3 ' PL 1R PL 4RPL 2A PL 3RPL 4 105'-8" 1ST FLR - BLDG B 2ND FLR - BLDG B 3RD FLR - BLDG B PL 1R PL 4RPL 2A PL 3RPL 4 PL 1R PL 4R PL 2A PL 3RPL 4 PL 2APL 3RPL 1 PL 3R PL 2AR PL 1 PL 2APL 3R PL 2ARPL 3R PL 1 PL 2APL 3R PL 2ARPL 3R 1ST FLR - BLDG C 2ND FLR - BLDG C 3RD FLR - BLDG C 105'-8" 2 ' 5 ' 2 ' - 6 " 2 ' 2 ' - 6 " 3' 2'-6"2'2'-6" 2 ' 5 ' BLDG B & C A-80 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY 2' 5' 2 ' - 6 " 2 ' 2 ' - 6 " 2'2'-6"2'-6" 2 ' 5 ' 2' 2'-6"2'2'-6" 1ST FLR - BLDG D 2ND FLR - BLDG D 3RD FLR - BLDG D PL 4PL 2AR PL 2APL 3PL 1 127'-10" PL 3R PL 2AR PL 2A PL 4PL 3PL 1 PL 3R PL 4PL 2AR PL 2APL 3PL 1 PL 3R BLDG D A-90 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY 4:12 4:12 4:12 4:12 4:12 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 RI D G E RI D G E RI D G E RI D G E RIDGE RIDGE VAL L E Y VALL E Y V A L L E Y V A L L E Y HIP H I P VA L L E Y V A L L E Y V A L L E Y H I P HIP HI P V A L L E Y V A L L E Y 4:12 4:12 1 MATERIAL SCHEDULE 1. ROOF - CONCRETE S TILE ROOFING 2. ROOF - BUILT UP ROOFING 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4:12 4:12 4:12 4:12 4:12 4:12 4:12 4: 1 2 4: 1 2 RI D G E RI D G E RI D G E RIDGE RIDGE RIDGE RI D G E RI D G E V A L L E Y V A L L E Y V A L L E Y HIP HIP VALL E Y HI P HIP VA L L E Y VA L L E Y V A L L E Y HI P V A L L E Y VA L L E Y HIP HIP H I P VA L L E Y VA L L E Y 1 RIDGERIDGE R I D G E R I D G E R I D G E R I D G E R I D G E R I D G E V A L L E Y V A L L E Y V A L L E Y V A L L E Y V A L L E Y V A L L E Y VA L L E Y VALL E Y VAL L E Y VALL E Y HI P HI P 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4:12 4:124:12 1 4:12 4:12 4:12 4:12 4:12 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 RI D G E RI D G E RI D G E RI D G E RIDGE RIDGE VA L L E Y VAL L E Y V A L L E Y V A L L E Y HIP H I P VA L L E Y V A L L E Y V A L L E Y HI P HIP H I P V A L L E Y V A L L E Y 4:12 4:12 1 RIDGE RI D G E RIDGE RI D G E RI D G E RI D G E RI D G E RI D G E RI D G E RI D G E RI D G E 4: 1 2 HIP H I P 4: 1 2 V A L L E Y 4:12 4:124:12 4:12 4:12 4:12 VA L L E Y VAL L E Y VALL E Y V A L L E Y V A L L E Y V A L L E Y HIP H I P V A L L E Y HIP H I P V A L L E Y V A L L E Y VAL L E Y VA L L E YVALL E Y V A L L E Y 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4: 1 2 4:12 4:12 1 1 / 4 : 1 2 1 / 4 : 1 2 1/4:12 1/4:12 RIDGE H I P H I P H I P H I P 2 BLDG ROOF PLANS A-100 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY BUILDING A - ROOF PLAN BUILDING C - ROOF PLAN BUILDING B - ROOF PLAN BUILDING A ENHANCED - ROOF PLAN BUILDING D - ROOF PLAN 9' - 1 " 9' - 1 " 9' - 1 " 37 ' - 6 " PL 4 PL 1 PL 3 PL 2AR 21345 678910111215 PL 4 PL 4PL 1PL 3PL 2ARPL 2AR MATERIAL SCHEDULE 1. ROOF - CONCRETE S TILE ROOFING 2. FASCIA - STUCCO OVER SHAPED FOAM CORNICE 3. WALL - EXTERIOR LIGHT DASH FINISH STUCCO 4. RAILING - VERTICAL METAL 5. VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM 6. RECESSED VINYL WINDOW W/ SLOPED SILL 7. DECORATIVE GABLE ACCENT 8. STUCCO CONTROL JOINT 9. DECORATIVE LIGHT FIXTURE 10. DECORATIVE COMPOSITE SHUTTER 11. DECORATIVE METAL POTSHELF 12. DECORATIVE ACCENT TILE 13. DECORATIVE METAL AWNING 14. DECORATIVE METAL GRILLE 15. DECORATIVE SHAPED FOAM CORBELS 13 14 PL 2BR BLDG A ELEVATIONS A-110 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY FRONT ELEVATIONLEFT ELEVATION REAR ELEVATIONRIGHT ELEVATIONRIGHT ENHANCED ELEVATION 9' - 1 " 9' - 1 " 9' - 1 " 37 ' - 9 " PL 4RPL 1RPL 3RPL 2APL 4 1 23 45678910111215 13 PL 4R PL 1R PL 3R PL 2A PL 4 PL 4R MATERIAL SCHEDULE 1. ROOF - CONCRETE S TILE ROOFING 2. FASCIA - STUCCO OVER SHAPED FOAM CORNICE 3. WALL - EXTERIOR LIGHT DASH FINISH STUCCO 4. RAILING - VERTICAL METAL 5. VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM 6. RECESSED VINYL WINDOW W/ SLOPED SILL 7. DECORATIVE GABLE ACCENT 8. STUCCO CONTROL JOINT 9. DECORATIVE LIGHT FIXTURE 10. DECORATIVE COMPOSITE SHUTTER 11. DECORATIVE METAL POTSHELF 12. DECORATIVE ACCENT TILE 13. DECORATIVE METAL AWNING 14. DECORATIVE METAL GRILLE 15. DECORATIVE SHAPED FOAM CORBELS PL 4R BLDG B ELEVATIONS A-120 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY FRONT ELEVATIONLEFT ELEVATION REAR ELEVATIONRIGHT ELEVATION 9' - 1 " 9' - 1 " 9' - 1 " 37 ' - 3 " PL 2ARPL 3RPL 2APL 3RPL 1 1 2 345678910111215 13 PL 2AR PL 3R PL 2A PL 3R PL 1 PL 1 PL 2AR MATERIAL SCHEDULE 1. ROOF - CONCRETE S TILE ROOFING 2. FASCIA - STUCCO OVER SHAPED FOAM CORNICE 3. WALL - EXTERIOR LIGHT DASH FINISH STUCCO 4. RAILING - VERTICAL METAL 5. VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM 6. RECESSED VINYL WINDOW W/ SLOPED SILL 7. DECORATIVE GABLE ACCENT 8. STUCCO CONTROL JOINT 9. DECORATIVE LIGHT FIXTURE 10. DECORATIVE COMPOSITE SHUTTER 11. DECORATIVE METAL POTSHELF 12. DECORATIVE ACCENT TILE 13. DECORATIVE METAL AWNING 14. DECORATIVE METAL GRILLE 15. DECORATIVE SHAPED FOAM CORBELS BLDG C ELEVATIONS A-130 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY FRONT ELEVATIONLEFT ELEVATION REAR ELEVATIONRIGHT ELEVATION 9' - 1 " 9' - 1 " 9' - 1 " 37 ' - 3 " PL 4PL 2APL 2ARPL 3 1 PL 1 PL 3R 2 3456 7 8 910111215 PL 4 PL 2A PL 2AR PL 3 PL 1PL 3R PL 1 PL 3R MATERIAL SCHEDULE 1. ROOF - CONCRETE S TILE ROOFING 2. FASCIA - STUCCO OVER SHAPED FOAM CORNICE 3. WALL - EXTERIOR LIGHT DASH FINISH STUCCO 4. RAILING - VERTICAL METAL 5. VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM 6. RECESSED VINYL WINDOW W/ SLOPED SILL 7. DECORATIVE GABLE ACCENT 8. STUCCO CONTROL JOINT 9. DECORATIVE LIGHT FIXTURE 10. DECORATIVE COMPOSITE SHUTTER 11. DECORATIVE METAL POTSHELF 12. DECORATIVE ACCENT TILE 13. DECORATIVE METAL AWNING 14. DECORATIVE METAL GRILLE 15. DECORATIVE SHAPED FOAM CORBELS BLDG D ELEVATIONS A-140 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY FRONT ELEVATIONLEFT ELEVATION REAR ELEVATIONRIGHT ELEVATION 10 ' - 0 " 13 ' - 8 1 2 " 1 2345 78 910 WOMENS RESTROOM MENS RESTROOM CALIFORNIA ROOM POOL EQUIPMENT 16'-10"3'-10" 48 ' - 9 " 7' - 1 1 2 " 4' - 2 " 7' - 1 1 2 " 19 ' - 3 1 2 " 5' - 9 1 2 " 5' - 3 1 2 " 20'-8" 6668 MATERIAL SCHEDULE 1. FASCIA - RESAWN WOOD 2. WALL - EXTERIOR LIGHT DASH FINISH STUCCO 3. WALL - BRICK VENEER 4. WALL - CERAMIC TILE @ SHOWER 5. WALL - VERTICAL SIDING 6. VINYL WINDOW W/ STUCCO O/ E.P.S. TRIM 7. DECORATIVE LIGHT FIXTURE 8. EXISTING LOUVERED SCREEN 9. EXTERIOR METAL DOOR 10. EXTERIOR DRINKING FOUNTAIN POOL BUILDING A-150 8 16 24MELIA HOMES 8951 Research Drive, Suite 100 Irvine, CA 92618 (949) 759-4367 5256 S. MISSION ROAD STE. 404 BONSALL, CA. 92003 760.724.1198JAN 29, 2021 ANAHEIM, CA Scale 2323 W. BROADWAY - TOWNES AT BROADWAY FRONT ELEVATION FLOOR PLAN - 898 S.F. LEFT ELEVATION RIGHT ELEVATION REAR ELEVATION S c h e m a t i c L a n d s c a p e P l a n C e n t r a l c o m m u n i t y r e c r e a t i o n c l u b w i t h s w i m m i n g p o o l , b u i l t - i n B B Q e n t e r t a i n m e n t c o u n t e r , s h a d e s t r u c t u r e & v a r i o u s s i t e f u r n i s h i n g s a n d c o l o r e d c o n c r e t e d e c k . M a i n v e h i c u l a r p r o j e c t e n t r y w i t h e n h a n c e d s t a m p e d c o n c r e t e p a v i n g a n d p r o j e c t m o n u m e n t a t i o n / s i g n a g e . P r o p o s e d p i l a s t e r w i t h b r o n z e p l a q u e d e s c r i b i n g s i t e ' s h i s t o r i c a l v a l u e s . C e n t r a l 6 ' w i d e p e d e s t r i a n c o n c r e t e p a s e o w i t h e n h a n c e d p a v i n g , s p e c i m e n t r e e p o c k e t s a n d b e n c h s e a t i n g . ± 1 0 ' W i d e e n h a n c e d p a v i n g c r o s s w a l k s , p a t t e r n t o m a t c h m a i n e n t r y . C o m m u n i t y c l u s t e r m a i l b o x e s & p a r c e l l o c k e r s , f i n a l q u a n t i t i e s & l o c a t i o n s p e r U S P S r e v i e w & a p p r o v a l . 5 ' W i d e w a l k w a y w h e n a d j a c e n t t o h e a d - i n p a r k i n g s t a l l s ; i n n a t u r a l c o l o r e d c o n c r e t e , w i t h l i g h t b r o o m f i n i s h & n a r r o w t o o l e d j o i n t s . 4 ' w i d e w a l k s , u n i t e n t r y w a l k s / s t o o p s i n n a t u r a l c o l o r e d c o n c r e t e , w i t h l i g h t b r o o m f i n i s h & n a r r o w t o o l e d j o i n t s . E n h a n c e d c o l o r e d p a v i n g n o d e s a t c o u r t y a r d e n t r i e s a n d w a l k i n t e r s e c t i o n s . W a l l , p i l a s t e r , g a t e o r f e n c e , p e r W a l l & F e n c e P l a n . P r o p o s e d t r e e , p e r P l a n t i n g P l a n . E x i s t i n g t r e e t o r e m a i n a n d p r o t e c t i n p l a c e . A c c e s s i b l e p a r k i n g s t a l l a n d s t r i p i n g , p e r C i v i l p l a n s . G u e s t p a r k i n g s t a l l & d r i v e l a n e , p e r C i v i l p l a n s . N a t u r a l c o l o r e d c o n c r e t e d r i v e w a y , w i t h l i g h t b r o o m f i n i s h a n d t o o l e d j o i n t s . C o m m o n a r e a l a n d s c a p e , b u i l d e r i n s t a l l e d a n d H O A m a i n t a i n e d . C o m m u n i t y d o g b a g s t a t i o n ( b l a c k i n c o l o r ) , f o r p e t o w n e r s . P r o p e r t y l i n e / R . O . W , p e r C i v i l p l a n s . P u b l i c s t r e e t c u r b & s t r e e t s i d e w a l k , p e r C i v i l p l a n s . T r a n s f o r m e r t o b e s c r e e n e d w i t h l a n d s c a p e , q u a n t i t y a n d f i n a l l o c a t i o n s t o b e d e t e r m i n e d . P r o p o s e d A C c o n d e n s e r l o c a t i o n t o b e s c r e e n e d w i t h e v e r g r e e n s h r u b s . B e n c h s e a t i n g , s t y l e t o c o m p l e m e n t a r c h i t e c t u r e . V i s i t o r b i k e r a c k ( f o r 2 b i k e p a r k i n g s t a l l s ) . 1 2 . 1 3 . 1 1 . 1 0 . 5 . 9 . 8 . 7 . 6 . 4 . 3 . 2 . 1 . L E G E N D 1 4 . 1 5 . 1 6 . 1 7 . 1 8 . 1 9 . 2 0 . T O W N E S A T B R O A D W A Y - A N A H I E M , C A M e l i a H o m e s P r o j e c t N o . : M H 0 9 - D D a t e : J a n . 2 8 , 2 0 2 1 2 n d C i t y S u b m i t t a l L - 1 2 1 . * C o n c e p t u a l i m a g e s ( p r o v i d e d h e r e i n a r e a l l s u b j e c t t o c h a n g e ) 6 0 ' S c a l e : 1 " = 3 0 ' 0 3 0 ' 1 5 ' 2 2 . 2 3 . 1 5 2 2 2 3 6 11 111111321019108 1 4 1 1 1 5 5 5 6 2 3 2 2 1 3 1 7 1 7 2 1 2 1 1 4 1 1 1 0 1 8 2012816181813 8 2 1 1 0 1 8 1 2 9 8 4 4 8 8 9 9 1 3 1 8 1 6 1 6 1 7 7 11 1910 2 2 10 2 0 2 0 SLJKW-OLQH TULDQJOHVMDLQWDLQ WR COHDUDQFH WLWKLQ TKLV AUHD R e c r e a t i o n A r e a & E n t r y E n l a r g e m e n t P l a n T O W N E S A T B R O A D W A Y - A N A H I E M , C A M e l i a H o m e s P r o j e c t N o . : M H 0 9 - D D a t e : J a n . 2 8 , 2 0 2 1 2 n d C i t y S u b m i t t a l L - 2 * C o n c e p t u a l i m a g e s ( p r o v i d e d h e r e i n a r e a l l s u b j e c t t o c h a n g e ) 1 6 ' S c a l e : 1 / 8 " = 1 ' - 0 " 0 8 ' 4 ' C e n t r a l C o m m u n i t y R e c r e a t i o n C l u b : - S w i m m i n g p o o l & s p a . - B u i l t - i n B B Q e n t e r t a i n m e n t c o u n t e r . - S h a d e s t r u c t u r e . - D i n i n g t a b l e s . - C h a i s e l o u n g e c h a i r s . - S h a d e s t r u c t u r e w i t h l o u n g e s e a t i n g a n d f i r e p i t . - C o l o r e d c o n c r e t e d e c k . 1 1 1 1 1 1 Main Vehicular Project Entry:-Enhanced stamped concrete paving.-Palm trees with up-lighting.-project monumentation / signage.2 33Historical Monumentation:-Proposed pilaster with bronzeplaque describing site's historicalvalues.322*Conceptual images (provided herein are all subject to change)2 SLJKW-OLQH TULDQJOHVMDLQWDLQ WR COHDUDQFH WLWKLQ TKLV AUHD2SLJKW-OLQH TULDQJOHVMDLQWDLQ WR COHDUDQFH WLWKLQ TKLV AUHD ++++++APU A P U Limit o f W o r k L i m i t o f W o r k L i m i t o f W o r k Limit of Work W E S T B R O A D W A Y W A L L , F E N C E & G A T E L E G E N D E x i s t i n g + - 7 ' - 0 " H i g h p r o p e r t y l i n e w a l l , p r o t e c t i n p l a c e . 6 ' - 0 " H i g h s p l i t - f a c e C M U w a l l , w i t h 2 " h i g h p r e c i s i o n C M U c a p ( t a n c o l o r ) . 6 ' - 0 ' ' H i g h c o m b o w a l l ( 2 ' s p l i t - f a c e g r a y C M U w a l l / b l a c k 4 ' t u b e s t e e l f e n c e ) . 5 ' - 6 " H i g h t u b e s t e e l f e n c e ( b l a c k c o l o r ) . 6 ' - 6 " H i g h ( 1 6 " s q . ) s p l i t - f a c e b l o c k p i l a s t e r , w i t h 1 8 " s q . ( 4 " H ) . C M U c a p ( t a n c o l o r ) . 6 ' - 6 " H i g h ( 1 2 " W x 1 6 " L ) r e c t a n g u l a r s p l i t - f a c e b l o c k p i l a s t e r , w i t h 4 " H s p l i t - f a c e C M U c a p ( t a n ) . 5 ' - 6 " H i g h m e t a l p e d e s t r i a n g a t e ( b l a c k c o l o r ) . ± 8 ' - 0 " H i g h s t u c c o o v e r C M U p i l a s t e r a t e n t r y ( c o l o r s t o m a t c h a r c h i t e c t u r e ) . A D A P a t h o f T r a v e l . S c h e m a t i c W a l l & F e n c e P l a n T O W N E S A T B R O A D W A Y - A N A H I E M , C A M e l i a H o m e s P r o j e c t N o . : M H 0 9 - D D a t e : J a n . 2 8 , 2 0 2 1 2 n d C i t y S u b m i t t a l L - 3 6 0 ' S c a l e : 1 " = 3 0 ' 0 3 0 ' 1 5 ' 1 2 3 4 6 5 7 * C o n c e p t u a l i m a g e s ( p r o v i d e d h e r e i n a r e a l l s u b j e c t t o c h a n g e ) 6 7 3 2 1 1 4 5 W. BROADWAY ENLARGEMENTL4SHEET STOP S T O P L i m i t o f W o r k W E S T B R O A D W A Y W A L L , F E N C E & G A T E L E G E N D E x i s t i n g + - 7 ' - 0 " H i g h p r o p e r t y l i n e w a l l , p r o t e c t i n p l a c e . 6 ' - 0 " H i g h s p l i t - f a c e C M U w a l l , w i t h 2 " h i g h p r e c i s i o n C M U c a p ( t a n c o l o r ) . 6 ' - 0 ' ' H i g h c o m b o w a l l ( 2 ' s p l i t - f a c e g r a y C M U w a l l / b l a c k 4 ' t u b e s t e e l f e n c e ) . 5 ' - 6 " H i g h t u b e s t e e l f e n c e ( b l a c k c o l o r ) . 6 ' - 6 " H i g h ( 1 6 " s q . ) s p l i t - f a c e b l o c k p i l a s t e r , w i t h 1 8 " s q . ( 4 " H ) . C M U c a p ( t a n c o l o r ) . 6 ' - 6 " H i g h ( 1 2 " W x 1 6 " L ) r e c t a n g u l a r s p l i t - f a c e b l o c k p i l a s t e r , w i t h 4 " H s p l i t - f a c e C M U c a p ( t a n ) . 5 ' - 6 " H i g h m e t a l p e d e s t r i a n g a t e ( b l a c k c o l o r ) . ± 8 ' - 0 " H i g h s t u c c o o v e r C M U p i l a s t e r a t e n t r y ( c o l o r s t o m a t c h a r c h i t e c t u r e ) . A D A P a t h o f T r a v e l . S c h e m a t i c W a l l & F e n c e - W . B r o a d w a y E n l a r g e m e n t T O W N E S A T B R O A D W A Y - A N A H I E M , C A M e l i a H o m e s P r o j e c t N o . : M H 0 9 - D D a t e : J a n . 2 8 , 2 0 2 1 2 n d C i t y S u b m i t t a l L - 4 1 2 3 6 5 7 4 4 0 ' S c a l e : 1 " = 2 0 ' 0 2 0 ' 1 0 ' 23'-10"48'-5" 1 5 ' - 0 " 7 7 ' - 6 " 2 7 ' - 3 " 1 7 ' - 1 0 " 2 3 ' - 1 " 4 6 ' - 1 1 " 2 4 ' - 9 " 8 8 ' - 2 " 13'-5" 4'-8" 30'-6" 84'-3" 20'-0" 25'-0" 20'-0" 20'-5" 20'-6" 15'-6" 15'-4" 15'-4" S L J K W - O L Q H T U L D Q J O H V M D L Q W D L Q W R C O H D U D Q F H W L W K L Q T K L V A U H D 2 0 ' - 4 " 1 0 ' - 7 " 16'-2" 20'-0" 17'-1"1'-9"28'-4" ++ + + + + + + + + + + A P U A P U Limit of Work Limit of Work L i m i t o f W o r k L i m i t o f W o r k W E S T B R O A D W A Y Type/Form Cupressus sempervirens (Italian Cypress) PLANTING LEGEND Symbol Vertical Specimen Street Columnar Trunk Multi Single Single Botanical Name (Common Name) Suggestions Melaleuca quinquenervia (Paperbark Melaleuca)Buffer Multi Tristania conferta (Brisbane Box) Olive olea 'Wilsonii' (Wilsonii Olive) Arbutus unedo (Strawberry Tree)Evergreen MultiFlowering Medium Geijera parvilflora (Australian Willow)Evergreen Single Size 36" Box 24" Box 15 Gal 15 Gal 24" Box 15 Gal TREES Canopy Single 24" BoxDeciduous Low Low Medium Qty. Medium Platanus racemosa (California Sycamore) Low Low Medium (R3) TOTAL = 288 Magnolia g. 'Little Gem' (L. Gem Magnolia) Single 36" Box MediumFocal 2 32 41 34 32 99 9 7 Rhus lancea (African Sumac) Lagerstroemia i.x f. 'Natchez' (Crape Myrtle)Deciduous SingleFlowering 15 Gal Medium 17 Podocarpus macrophyllus (Yew Pine) Wucols Medium PALMS Phoenix dactylifera (Date Palm)Vertical Single 10' BT Low 15Syagrus romanzoffiana (Queen Palm) Buffer TOWNES AT BROADWAY - ANAHIEM, CA Melia Homes Project No.: MH09-D Date: Jan. 28, 2021 2nd City Submittal Schematic Planting Plan NOTES: 1. Irrigation (including spray and/or drip) will be provided, in the Construction Document phase, and to be installed per local California water regulations (AB1881) . 2. Transformers, back-flow preventers & other above-groundutilities to be screened with landscape as permitted per localcodes & regulations. 3. Landscape lighting (landscape up-lights, path lights/bollards, etc.) to be coordinated with Electrical Engineer in future phase. 4. The plant palette listed provides a list of plant material to select from when preparing final landscape construction documents forthis project. However, substitutions may be required due toavailability, soils tests, or other conditions.5. All trees within 5' of hardscape to be installed with deep rootbarriers. 6. Existing west perimeter wall to be screened with Macfayena unguis-cati or a similar fast growing vine. 7. Final tree locations to accommodate all Fire Rescue Windows and needed fire ladder accessibility. 8. All trees near fire ladder zones to be trimmed back andmaintained to avoid conflict with fire accessibility. L-5 60' Scale: 1" = 30' 0 30'15' Yucca gloriosa 'Variegata' Westringia sp. Muhlenbergia rigens Deer Grass Westringia Spanish Dagger Ligustrum japonicum "Texanum" SHRUBS and GROUND COVER Rhaphiolepis indica 'Clara" Japanese Privet India Hawthorn Agave sp.Agave Aloe sp.Aloe Bougainvillea sp.Bougainvillea Buxus m. japonica 'Green Beauty' Japanese Boxwood Carissa m. 'Green Carpet' Dwarf Natal Plum Lantana sp.Lantana Rosmarinus p. 'Huntington Carpet' Groundcover Rosemary Salvia sp.Sage Chamaerops humilis Mediterranean Fan Palm Xylosma congestum 'Compact' Compact Xylosma Anigozanthos Kangaroo Paw Carex tumulicola Berkeley Sedge Nassella pulchra Purple Needlegrass Muhlenbergia lindheimeri Lindheimer Muhly Iris sp.Iris Dymondia margaretae Silver Carpet Delosperma cooperi Trailing Ice Plant Callistemon citrinus 'Little John' Dwarf Bottlebrush VINES & ESPALIERS Bougainvillea 'Monka' Bougainvillea Pandorea jasminoides 'Lady Di' White Bower Vine Macfadyena unguis-cati Cat's Claw Vine (Oo-La-La® Bougainvillea) Buxus microphylla 'Faulkner' Faulkner Boxwood Dasylirion longissimum Mexican Grass Tree Antigonon leptopus Coral Vine Trachelospermum jasminoides Star Jasmine E;ISTIN* TREES TO REMAIN, 3ROTECTED IN 3/ACE FIRE LADDER STAGING ZONES, PER ANAHEIM FIRE AND RESCUE STANDARD. ENTRY TREES TO BE HOA MAINTAINED TO PROVIDEFIRE LANECLEARANCE. ++ + + + + + + + + + + A P U A P U Limit of Work Limit of Work L i m i t o f W o r k L i m i t o f W o r k W E S T B R O A D W A Y T 1 2 v T 1 2 v T 1 2 v T 1 2 v T 1 2 v SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY LED Area Pole LightPole light, quantities and specfication per Electrical Eng. Refer to SWGroup`s ElectricalPlans. Cast Aluminum, Textured Bronze, RA21 RadiusLamp: Per Elec. Eng., Per Elec. Eng., Per Elec. Eng.Accessories: On DBC-1 Base & 10` round pole. 20 Bollard, Kichler Louvered 2800K LED Bollard AZT16130AZT28 (Textured Architectural Bronze)Cast aluminum, Textured Architectural Bronze, Surface, with footing, Final location by Elec. Eng. Footing specs per Manufacturer. Lamp: LED, 3.5W,5.67VA, 2700K Warm White 17 Shade Structure Downlight - Kichler model #16017AZT27.Cast Aluminum, Textured Architectural Bronze, Surface Mounted BracketLamp: LED, 5.25 W-12W, 2700K Warm White 4 Tree uplight, Staked - Kichler model VLO #16018-16020.Order #16019AZT27 (35Flood).Cast aluminum, Textured Architectural Bronze, StakedLamp: LED, 5.25 W-12W, 2700K Warm White 32 Low-voltage transformer - Kichler model #15PR300 SS.Cast Aluminum, Stainless Steel, Wall300WAccessories: Install with Mechanical Transformer Timer (#15557BK & Plug-InTransformer Remote Photocell (#15534K). 5 Exterior Electrical GFI OutletCast Aluminum, Textured Architectural Bronze, Wall 3 Kichler-Flood LightVLO 12V LED Flood Variable Lumen AZT16022AZT27Brass, Textured Architectural Bronze, SurfaceLamp: LED 1 T12v /I*HTIN* SCHED8/E T12v TOWNES AT BROADWAY - ANAHIEM, CA Melia Homes Project No.: MH09-D Date: Jan. 28, 2021 2nd City Submittal L-6 60' Scale: 1" = 30' 0 30'15' Schematic Lighting Plan *Conceptual images (provided herein are all subject to change) ++ + + + + + + + + + + A P U A P U Limit of Work Limit of Work L i m i t o f W o r k L i m i t o f W o r k W E S T B R O A D W A Y R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R RRRR R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R LEGEND Regular trash bin. Recycle bin. Trash hauler path of travel.(Backing up into one small lane would be required) *Green Waste would be disposed of by HOA Landscape Contractor* R TOWNES AT BROADWAY - ANAHIEM, CA Melia Homes Project No.: MH09-D Date: Jan. 28, 2021 2nd City Submittal L-7 60' Scale: 1" = 30' 0 30'15' Schematic Trash Circulation & Staging Plan ·Individual unit trash bins per City of Anaheim standards:Model: USD 95 "Schaefer Universal System Design Cart", Available from "SSISchaeffer-us.com". ·Plan shows" spacing between carts at 24" to 18". ·Bin Dimensions (USD 95) H: 46.5", W: 28" & D:30.5". ·Provided two bins per unit - trash and recycle. ·All bins to be follow and adhere to City of Anaheim Public Works Department & Trash Serviceprovider standards. NOTES STOP ST O P 0 S C A L E : 1 " = 4 0 ' 2 0 4 0 8 0 STOP 0 S C A L E : 1 " = 3 0 ' 1 5 3 0 6 0 STOP 0 S C A L E : 1 " = 3 0 ' 1 5 3 0 6 0 STOP 0 S C A L E : 1 " = 3 0 ' 1 5 3 0 6 0 STOP 0 S C A L E : 1 " = 3 0 ' 1 5 3 0 6 0 F I R E L A N E P H O N E N U M B E R P O L I C E O R S H E R I F F ' S C V C 2 2 5 0 0 . 1 C V C 2 2 6 5 8 A A T O W N E R ' S E X P E N S E B E C I T E D O R T O W E D V I O L A T I N G V E H I C L E S W I L L 2 3 To ensure steady and strategic communication with the City Council,CP&A brainstormed with and updated District2 Councilmember Jordan Brandman on outreach efforts over three (3) separate phone conversations. Throughout the two-month engagement, CP&A created one (1) event invitation flyer for the Anaheim First Community Meeting and one (1) postcard invitation for the neighborhood community meeting. Nearly200 residents within a 500-foot radius of the new development received a postcard. CP&A actively engaged with the community through a telephone hotline and two (2) live community meetings. Our team received and responded to six (6) project- specific emails and receivedzero(0) voice messages and calls.In addition, eight (8) residents attended the Anaheim First Community Meeting on4/26/21,and thirteen(13) neighbors,as well as Councilmember Jordan Brandman and Planning Commissioner Rosa Mulleady, attended the neighborhood meeting on5/19/21.At the neighborhood meeting,CP&A and Melia Homes answered thirteen(13) questions from local neighbors. COUNCIL COMMUNICATION OUTREACH SUMMARYTHE TOWNES AT BROADWAY 1COMMUNITY OUTREACH COMMUNITY ENGAGEMENT Community Outreach is critical for any successful new development. CP&A was privileged to support Melia Homes as they navigated through the outreach process for The Townes at Broadway. This infographic presents an overview of the outreach efforts that took place between April and May of 2021 by Curt Pringle & Associates on behalf of Melia Homes regarding The Townes at Broadway project in the City of Anaheim. Attachment 10 kimley-horn.com 1100 Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Responses to Public Comments on the Townes at Broadway Project Initial Study and Mitigated Negative Declaration Introduction The purpose of this memo is to transmit the public comments and responses to these comments received on the Initial Study and Mitigated Negative Declaration (IS/MND) for the Townes at Broadway Project located in the City of Anaheim. The Draft IS/MND was released for public review and comment by the City of Anaheim on June 24, 2021 for a 20-day public comment period ending on July 14, 2021. In accordance with the California Environmental Quality Act (CEQA) Guidelines §15074, the City of Anaheim, as the Lead Agency, must consider the IS/MND together with any comments received during the public review process. Written responses have been prepared to comments received during the public review period. CEQA Requirements Regarding Comments and Responses CEQA Guidelines §15204(b) states that “persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should: 1.Identify the specific effect, 2.Explain why they believe the effect would occur, and 3.Explain why they believe the effect would be significant.” CEQA Guidelines §15204(c) further advises, “Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to CEQA Guidelines §15064, an effect shall not be considered significant in the absence of substantial evidence.” CEQA Guidelines §15204(d) states, “Reviewing agencies or organizations should include with their comments the name of a contact person who would be available for later consultation if necessary. Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency’s statutory responsibility.” CEQA Guidelines §15204(e) states, “This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.” Attachment 11 Page 2 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 List of Respondents The following public agencies and individuals submitted comments on the IS/MND as of close of the public review period on July 14, 2021. One comment was received after the close of the public review period (Letter 6). ▪ Patricia Neely, Anaheim Union High School District - Director Facilities Planning, Design and Construction (Letter 1) ▪ John Furman, Community Member (Letter 2) ▪ Kevin Seaver, Community Member (Letter 3) ▪ Michelle Blankenship, Community Member (Letter 4) ▪ Dan Phu, OCTA - Environmental Programs Manager (Letter 5) ▪ Liem Nguyen, Community Member (Letter 6) Responses to Comments Responses have been provided to comments on significant environmental points in order to describe the disposition of issues and new information or clarifications, as appropriate. When comments did not address the completeness or adequacy of the environmental documentation, or did not raise significant environmental issues, the receipt of the comment is noted; no further response is provided. This section is formatted so that the respective comment letters are followed immediately by the corresponding responses. Page 3 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 1 Anaheim Union High School District Patricia Neely Director Facilities Planning, Design and Construction July 9, 2021 Page 4 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 1: Response 1 Table 4.15-2: Project Student Generation of the IS/MND identifies the proposed project’s forecasted student population growth based on City-adopted student generation rate identified in the City of Anaheim General Plan EIR. Four new students (assumes no students are currently enrolled in high schools in the school district) are expected to attend schools within AUHSD. According to the California Department of Education, student enrollment for AUHSD was 29,183 students.1 The proposed project’s increase of four additional students into the school district would be considered a negligible impact. Additionally, the Applicant would pay developer fees in compliance with Government Code Section 65995(h), which states “The payment or satisfaction of a fee, charge, or other requirement levied or imposed …are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization …on the provision of adequate school facilities.” Payment of these fees would offset impacts from increased demand for school services associated with development of the proposed project by providing an adequate financial base to construct and equip new and existing schools. As addressed in the IS/MND, based on the significance criteria set forth in the Initial Study, the proposed project would not result in significant environmental impacts to the AUHSD. 1 California Department of Education, Data Quest for Anaheim Union High Report, Available at: https://dq.cde.ca.gov/dataquest/dqcensus/EnrGrdLevels.aspx?cds=3066431&agglevel=district&year=2020-21 , Accessed July 21, 2021. Page 5 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 2 Community Member John Furman July 12, 2021 Page 6 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 2: Response 2 The proposed project would be set back 20 feet from Broadway. Development standards for the RM-3 zoning district are codified under Anaheim Municipal Code Chapter 18.06. Projects that abut a public street other than an arterial highway are required to provide a minimum landscape setback of 15 feet. The project meets the minimum setback requirement where abutting a public street. Further, the distance between the proposed project and single-family residences south of Broadway is approximately 90 feet. The project’s frontage along Broadway includes landscaping with trees, shrubs and groundcover; a solid material wall for screening; and the main driveway access. As shown in Exhibit 5: Conceptual Landscape Plan in the IS/MND, a variety of trees, including Brisbane Box trees, Australian Willow trees, and California Sycamores would provide screening from the public right-of-way. Additionally, the louvered screens as part of the architectural design for the clubhouse area would further provide articulation and interest along the project frontage. Exhibit 3 in the IS/MND depicts the proposed site plan and numbers each residential building block. Residential building blocks 1, 21, and 22 (each with four townhomes) are proposed along the Broadway frontage, but are oriented perpendicular to Broadway (such that only one townhome of each block fronts on to Broadway). The orientation would further minimize visible building frontage from the public right-of-way. Overall, the project’s landscaping plan and site plan orientation would create visual interest along Broadway. Internal setbacks between buildings are codified under Anaheim Municipal Code 18.06.090.050, which requires a 40 feet setback between 3-story buildings. As part of the project entitlements, the Applicant is applying for Conditional Use Permit (CUP2020-06094) to allow a deviation in the interior building separations for three-story primary walls, from 40 feet to a minimum of 16.5 feet between side to side primary wall elevations, and 28 feet between front to front primary wall elevations. The commentors request for a greater setback from Broadway is noted and would be provided to decision-makers in their consideration of approval for the project. Page 7 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 3 Community Member Kevin Seaver July 12, 2021 Page 8 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 3: Response 3 Privacy: As a point of clarification, the proposed townhomes would be set back more than the 55 feet from the western boundary line. Exhibit 3 in the IS/MND depicts the proposed site plan and shows the setback between the project’s western boundary to the nearest residential buildings. The following image is a clip from Exhibit 3 and highlights the setback distance between the proposed residential townhomes nearest to the resident to the rear of the residence. Setback Distance Comparison to Residence As shown above, Building 8 is set back 63 feet; Building 11 is set back 79 feet; Building 12 is set back 61 feet; and Building 15 is set back 60.9 feet. The setback requirements for 3-story developments abutting a single-family residential zone is 55 feet per Anaheim Municipal Code 18.06.090.040. The proposed project exceeds the setback requirements and is consistent with the development standards specified for 3-story residential developments. Further, the landscaping plan (see IS/MND Exhibit 5: Conceptual Landscape Plan) includes Italian Cypress trees, in addition to Paperbark Melaleuca, Strawberry, and Yew Pine trees to provide additional screening for privacy with adjacent land uses. Noise: As identified in Table 4.13-5: Project Construction Noise Levels in the IS/MND, unobstructed construction noise levels could reach 75.4 dBA at the property line of the nearest sensitive receptor. The Federal Transit Administration established a daytime noise threshold of 90 dBA Leq (1 hour) for residential uses. Page 9 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 The analysis presented in Section 4.13, Noise, of the IS/MND assumes that all construction equipment would operate simultaneously at a construction area nearest to the sensitive receptor, without any noise attenuation from existing physical barriers (such as an existing wall). These assumptions represent a worst-case noise scenario, as the proposed project would not concentrate construction activities immediately adjacent to adjacent residents and instead would occur throughout the construction site. It is noted that the project is in an urban environment with existing noise sources, including roadway noise. Compliance with the City of Anaheim Municipal Code: Chapter 6.70, Sound Pressure Levels and implementation of Mitigation Measure (MM) N-1 in the IS/MND would further minimize impacts from construction noise. MM N-1 requires construction equipment be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. Therefore, noise levels at the sensitive receptors would be below 90 dBA, as noted in the Initial Study. The proposed landscaping and perimeter would further reduce noise impacts to adjacent receptors. Light: Light standards would be 10 feet in height and have LED fixtures that direct light forward to illuminate on-site parking aisles. As noted in Section 4.1, Aesthetics, of the IS/MND, the project’s lighting would be subject to compliance with Anaheim Municipal Code §18.42.090.0301, which specifies lighting requirements for parking areas. In addition, the City’s Planning and Building Department would review any proposed lighting to ensure conformance with the California Building Code, Title 24 (California Code of Regulations), as well as the California Green Building Standard Code (Part 11 of Title 24, California Code of Regulations), such that only the minimum amount of lighting is used and no light spillage occurs. Exhibit 6: Lighting Plan depicts the project’s lighting plan. Specifically, one light standard with a LED fixture is proposed near the resident’s backyard and oriented to direct lighting into the on-site parking aisle. Italian Cypress or Yew Pines and Strawberry trees are proposed adjacent to the lighting fixture. The orientation of the lighting, the existing 7-foot property wall, and landscaped screening from trees are proposed to preclude light spillage onto the adjacent properties as set forth in the Municipal Code requirements. Page 10 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 4 Community Member Michelle Blankenship July 13, 2021 Page 11 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Page 12 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 4: Response 4 Safety: The resident’s home is located west of the proposed project. The existing 7-foot perimeter wall that separates the existing single-family residences on Corner Street from the proposed project would remain in place. Additionally, as shown in Exhibit 5: Conceptual Landscape Plan, in the IS/MND, the landscaping plan adds a variety of trees, including Paperbark Melaleuca, Strawberry, Italian Cypress, and Yew Pine trees along the project perimeter, fortifying the separation between adjacent residences and the proposed project. The commentors note regarding safety and crime concerns is noted and would be provided to decision-makers in their consideration of approval for the project. Privacy: As a point of clarification, the proposed townhomes would be set back more than the 55 feet from the western boundary line. Exhibit 3 in the IS/MND depicts the proposed site plan and shows the setback between the project’s western boundary to the nearest residential buildings. The following image is a clip from Exhibit 3 and highlights the setback distance between the proposed residential townhomes nearest to the resident to the rear of the residence. Setback Distance Comparison to Adjacent Residence As shown above, Building 11 is set back 79 feet; Building 12 is set back 61 feet; Building 15 is setback 61 feet setback; and Building 16 is set back 77 feet. The setback requirements for 3-story developments abutting a single-family residential zone is 55 feet per Anaheim Municipal Code 18.06.090.040. The proposed project exceeds the setback requirements and is consistent with the development standards specified for 3-story residential developments. Further, the landscaping plan (see IS/MND Exhibit 5: Conceptual Landscape Plan) includes Italian Cypress trees, in addition to Paperbark Melaleuca, Strawberry, and Yew Pine trees to provide additional screening for privacy with adjacent land uses. Residence’s Home Page 13 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Noise: As identified in Table 4.13-5: Project Construction Noise Levels of the IS/MND, unobstructed construction noise levels could reach 75.4 dBA at the property line of the nearest sensitive receptor. The Federal Transit Administration established a daytime noise threshold of 90 dBA Leq (1 hour) for residential uses. The analysis presented in Section 4.13, Noise, of the IS/MND assumes that all construction equipment would operate simultaneously at a construction area nearest to the sensitive receptor, without any noise attenuation from existing physical barriers (such as an existing wall). These assumptions represent a worst-case noise scenario, as the proposed project would not concentrate construction activities immediately adjacent to adjacent residents and instead would occur throughout the construction site. It is noted that the project is in an urban environment with existing noise sources, including roadway noise. Compliance with the City of Anaheim Municipal Code: Chapter 6.70, Sound Pressure Levels and implementation of Mitigation Measure (MM) N-1 in the IS/MND would further minimize impacts from construction noise. MM N-1 requires construction equipment be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. Therefore, noise levels at the sensitive receptors would be below 90 dBA, as noted in the Initial Study. The proposed landscaping and perimeter would further reduce noise impacts to adjacent receptors. With respect to parking lot noise, traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards. As addressed in Section 4.13, Noise, of the IS/MND, the sounds generated by the slamming of a car door, starting an engine starting up, car pass-bys, and conservations may be an annoyance to adjacent noise-sensitive receptors. However, parking lot noise would be well below the City’s noise standards when averaged over time, and an existing 7-foot masonry perimeter wall would help attenuate noise from parking lots. Further, the proposed residential community would be under a homeowners’ association management, where residents may reach out to regarding complaints for unusual or unique occurrences, as well as City of Anaheim Code Enforcement. Parking Lot Light: Light standards would be 10 feet in height and have LED fixtures that direct light forward to illuminate on-site parking aisles. As noted in Section 4.1, Aesthetics, of the IS/MND, the project’s lighting would be subject to compliance with Anaheim Municipal Code §18.42.090.0301, which specifies lighting requirements for parking areas. In addition, the City’s Planning and Building Department would review any proposed lighting to ensure conformance with the California Building Code, Title 24 (California Code of Regulations), as well as the California Green Building Standard Code (Part 11 of Title 24, California Code of Regulations), such that only the minimum amount of lighting is used and no light spillage occurs. Exhibit 6: Lighting Plan depicts the project’s lighting plan. Specifically, one lighting standard with LED fixture is proposed 55 feet northeast of the resident’s backyard and oriented to direct lighting into the on- site parking aisle. Italian Cypress or Yew Pines and Strawberry trees are proposed adjacent to the lighting fixture. The orientation of the lighting, the existing 7-foot property wall, and landscaped screening from trees are proposed to preclude light spillage onto the adjacent properties as set forth in the Municipal Code requirements. Page 14 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Home Value: Vibration impacts from construction are discussed on page 106 of Section 4.13, Noise of the IS/MND. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. The effect on buildings located near the construction site often varies depending on soil type, ground strata, and construction characteristics of the receiver building(s). The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.20 inch/second) appears to be conservative. Table 4.13-6: Typical Vibration Levels for Construction Equipment identifies typical vibration levels produced by construction equipment. As indicated in the Table 4.13-6, based on the FTA data, vibration velocities from typical heavy construction equipment operations that the Applicant would use, during project construction, range from 0.003 to 0.210 inch-per-second PPV at 25 feet from the source of activity. The commentor’s residence is approximately 30 feet from the existing 7-foot masonry perimeter wall. At 30 feet (at the nearest structure), construction equipment vibration levels would not exceed the 0.20 inch/second threshold. Further, the proposed project would not require pile driving. No structures are proposed adjacent to the property line between the commentor’s residence and the proposed project. No construction impacts to nearby structures or pools would occur. Distance from Adjacent Residence to Existing Perimeter Wall With respect to property values, the commenter provides no evidence to assert that the proposed project will result in negative influence on home values. This is not a reasonably foreseeable outcome associated with the implementation of a multi-family residential development adjacent to single-family residences. This comment does not address the adequacy of the Initial Study’s analysis. The comment is noted, and no further response is required. Page 15 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 5 OCTA Dan Phu, Environmental Programs Manager July 14, 2021 Page 16 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 5: Response 5 The following text on page 116 of the IS/MND §4.17 Transportation (Subsection ‘Site Access’) has been revised to the following: Brookhurst Street is a seven-lane undivided six-lane divided roadway, east of the project site. The Circulation Element of the General Plan classifies Brookhurst Street as a Major Arterial. This correction does not affect the IS/MND analysis of the roadway system. Page 17 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 6 Community Member Liem Nguyen July 20, 2020 Page 18 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Letter 6: Response 6 1. The existing Cantada Square wall would be left in place and is not part of the proposed project. A new six-foot-high split-face masonry wall, with two-inch-high decorative cap would be constructed at the property line, as noted in the IS/MND (see Exhibit 3: Site Plan). Buildings 5, 6, and 7 are set back 20 feet from the project boundary with the Cantada Square development. Exhibit 5: Conceptual Landscape Plan in the IS/MND shows the proposed planting plan and notes that the six existing eucalyptus trees along the northern property boundary would be protected and retained. Other trees including Paperbark Melaleuca, Strawberry, Italian Cypress, and Yew Pine trees would provide additional screening between the proposed project and Cantada Square development. 2. The proposed wall would be between 4.8 inches to 7.2 inches off of the project site’s northern property line between the project site and the Cantada Square development. The proposed wall, as described in Response 1 above, would be constructed with the north side of the wall on the property line. The proposed project cannot construct the proposed wall beyond the property line. 3. The following text on page 4 of the IS/MND has been revised as follows: Table 2-1: Existing Land Use Direction Existing Land Uses On the Site Vacant (former Cornelia Connelly School) North Single-family Residential (La Cantada Square gated community), Commercial Retail (Vallarta Market Shopping Center) to the northwest South Broadway; Single-family Residential south of Broadway, and Walt Disney Elementary School (approximately 0.25 mile southwest of the project site) East Multiple-family Residential (Madison Park Apartments), Brookhurst Street west of the apartments West Single Family Residential The following text on page 83 of the IS/MND (Section 4.9 Hazards and Hazardous Materials) has been revised to the following: The State Water Resources Control Board GeoTracker database reports a nearby clean up case was identified in association with the La Cantada Square residential development north of the project site. 4. The proposed lighting standards would be shielded and directed toward the project site and away from adjacent surrounding uses. The proposed six-foot-high split-face masonry wall, with two- inch-high decorative cap, and landscaping would further provide a screening buffer between the proposed project and Cantada Square development. Page 19 kimley-horn.com 1100 W Town and Country Road | Suite 700, Orange, CA 92868 714 939 1030 Light standards would be 10 feet in height and have LED fixtures that direct light forward to illuminate on-site parking aisles. As noted in Section 4.1, Aesthetics, of the IS/MND, the project’s lighting would be subject to compliance with Anaheim Municipal Code §18.42.090.0301, which specifies lighting requirements for parking areas. In addition, the City’s Planning and Building Department would review any proposed lighting to ensure conformance with the California Building Code, Title 24 (California Code of Regulations), as well as the California Green Building Standard Code (Part 11 of Title 24, California Code of Regulations), such that only the minimum amount of lighting is used and no light spillage occurs. Exhibit 6: Lighting Plan depicts the project’s lighting plan. The proposed lighting standards would be shielded and directed toward the project site and away from adjacent surrounding uses. The proposed six-foot-high split-face masonry wall, with two-inch-high decorative cap, and landscaping would further provide a screening buffer between the proposed project and Cantada Square development. 5. The Applicant intends to trim and maintain the remaining eucalyptus trees. This comment does not address the adequacy of the Initial Study’s analysis. The comment is noted, and no further response is required. From: Anthony Nourse Sent: Wednesday, July 28, 2021 1:24 PM To: Niki J. Wetzel < Cc: Patrick Semcheshen; Ray Asad ; Veronica Hurtado Subject: City of Anaheim Planning Department Planning Department City of Anaheim Anaheim City Council 200 S. Anaheim Blvd. Anaheim, CA. 92805 Dear Niki Wetzel - Deputy Director, Cantada Square Community Association located at 2330 W. Canopy Lane, Anaheim, CA 92801 would like to address the following concerns regarding the upcoming townhome development on Broadway which is directly behind our community. Below are our concerns: 1. Complete loss of privacy due to the 3 story homes planned to about 37” 3’ which will lookdirectly into bedrooms facing the development. 2. The height will block natural air flow and further will increase heat during summer monthsleading to more use of energy for cooling. 3. The property block wall separator should be raised at the developer’s expense. 4. The eucalyptus trees are to remain but must be maintained regularly due to the significantdebris from falling leaves year-round. 5. We need to confirm our flood runoff easement will not be compromised or shared as toavoid overload and potential backup to our community. If you can please provide information on how these concerns will be addressed is greatly appreciated. On behalf of the Board of Directors, Tony Nourse | Community Association Manager Keystone Pacific Property Management, LLC Attachment 12 16775 Von Karman Avenue, Suite 100 | Irvine, CA 92606 direct: | main: | fax: www.keystonepacific.com | www.facebook.com/keystonepacific Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. From:John Furman To:Nicholas J. Taylor Subject:Fwd: COMMENTS ON THE IS/MND TOWNES AT BROADWAY Date:Thursday, August 05, 2021 5:35:18 PM ---------- Forwarded message --------- From: John Furman <>Date: Mon, Jul 12, 2021 at 3:42 PM Subject: COMMENTS ON THE IS/MND TOWNES AT BROADWAYTo: Andy Uk <> TO: Andy Uk, Associate Planner, City of Anaheim FROM: John Furman 322 S. Rosebay St., Anaheim I challenge the setback of the proposed three story townhouses that face Broadway. It is bad enough that our single family home neighborhood has to look at the Madison Park apartments on Broadway, but at least their three story apartment buildings are set back 84 feet from the entrance with parking spaces closest to Broadway. This makes Madison Park that much less obtrusive to our single family home neighborhood. I petition to have the setback of the proposed three story townhouses which face Broadway established at 84 feet from the entrance. This may make the proposed townhouses on Broadway more attractive to prospective buyers who don’t want to live right on a street in addition to making the units less obtrusive to us single family homeowners in the neighborhood. Respectfully, John Furman 322 S. Rosebay St. Anaheim, CA 92804 TDEV 2020-00180CORNELIA CONNELLYHIGH SCHOOL RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RM-4THE GRAND RESORTAPARTMENTS768 DU RM-2 (BCC)SINGLE FAMILY RESIDENCE C-GRETAIL TVICTORIA TOWNHOUSEAPARTMENTS264 DU TSINGLE FAMILY RESIDENCE RM-4THE GRAND RESORTAPARTMENTS768 DU RM-2 (BCC)SINGLE FAMILY RESIDENCE C-GRETAIL RS-2SINGLE FAMILY RESIDENCE TSINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE R S - 2 S I N G L E F A M I L Y R E S I D E N C E RS-2SINGLE FAMILY RESIDENCE W BROADWAY W TRANSIT AVE S C O R N E R S T W MALL AVE S R O S E B A Y S T GR E E N W I C H S T S L A N D L N W MESSERSMITH AVE S C O R N E R S T W CANOPY LN S H I D D E N P A T H S H E A R T W O O D W A Y W. B A L L R D W. B R O A D W A Y W. LINCOLN AVE S. D A L E A V E W. C R E S C E N T A V E S. M A G N O L I A A V E N. D A L E A V E S. B R O O K H U R S T S T N. M A G N O L I A A V E N .B R O O K H U R S T S T W. L I N C O L N A V E 2323 West Broadway DEV No. 2020-00180 Subject Property APN: 127-051-43 °0 50 100 Feet Aerial Photo:May 2020 Attachment 13 W BROADWAY W TRANSIT AVE S C O R N E R S T W MALL AVE S R O S E B A Y S T GR E E N W I C H S T S L A N D L N W MESSERSMITH AVE S C O R N E R S T W CANOPY LN S H I D D E N P A T H S H E A R T W O O D W A Y W. B A L L R D W. B R O A D W A Y W. LINCOLN AVE S. D A L E A V E W. C R E S C E N T A V E S. M A G N O L I A A V E N. D A L E A V E S. B R O O K H U R S T S T N. M A G N O L I A A V E N .B R O O K H U R S T S T W. L I N C O L N A V E 2323 West Broadway DEV No. 2020-00180 Subject Property APN: 127-051-43 °0 50 100 Feet Aerial Photo:May 2020 Attachment 14 From: Anthony Nourse Sent: Wednesday, July 28, 2021 1:24 PM To: Niki J. Wetzel < Cc: Patrick Semcheshen; Ray Asad ; Veronica Hurtado Subject: City of Anaheim Planning Department Planning Department City of Anaheim Anaheim City Council 200 S. Anaheim Blvd. Anaheim, CA. 92805 Dear Niki Wetzel - Deputy Director, Cantada Square Community Association located at 2330 W. Canopy Lane, Anaheim, CA 92801 would like to address the following concerns regarding the upcoming townhome development on Broadway which is directly behind our community. Below are our concerns: 1. Complete loss of privacy due to the 3 story homes planned to about 37” 3’ which will lookdirectly into bedrooms facing the development. 2. The height will block natural air flow and further will increase heat during summer monthsleading to more use of energy for cooling. 3. The property block wall separator should be raised at the developer’s expense. 4. The eucalyptus trees are to remain but must be maintained regularly due to the significantdebris from falling leaves year-round. 5. We need to confirm our flood runoff easement will not be compromised or shared as toavoid overload and potential backup to our community. If you can please provide information on how these concerns will be addressed is greatly appreciated. On behalf of the Board of Directors, Tony Nourse | Community Association Manager Keystone Pacific Property Management, LLC 16775 Von Karman Avenue, Suite 100 | Irvine, CA 92606 direct: | main: | fax: www.keystonepacific.com | www.facebook.com/keystonepacific Disclaimer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful. This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. Melia Homes Petition August 2, 2021 Petition & Open Letter To: Anaheim City Council Anaheim City Planning Commission From: The Board of Cantada Square Home Owner’s Association Community Residents of the Cantada Square Community Ref: Melia Homes Proposed project for 112 3-story multi-family townhomes located on 2323 W. Broadway, Anaheim This petition and open public letter is to request from Anaheim City Council and the City Planning Commission a deeper review and further assessment of the proposed project taking into consideration the concerns raised by Cantada Square Community Residents, herein. The proposed project requires a General Plan Amendment which rezones the current land use designation from School to Low- Medium Residential. The project also requires a reclassiﬁcation to change the zoning from “T” Transition to “RM-3” Multi-Family Residential. The Cantada Square Community Residents Oppose the proposed General Plan Amendment and consequently the Melia Homes Development as currently proposed for the following reasons: 1. Under the current School zoning for 2323 W. Broadway, any new building construction by the school would have a setback of 30 feet from Cantada Square property line with height limited to not exceed 30 feet. The proposed GP Amendment to change the current land use designation to Multi-Family, will reduce the setback to 20 feet from property line and will allow building height to exceed 30 feet, current project proposal calls for 37” 3’ a. PRIVACY - This is a signiﬁcant and huge concern for single-family home owners and residents of properties located directly and backing against the property line of the proposed 3-story development. With a reduction in setback and the higher building elevation, occupants of the new townhomes will have direct sight and view of private bedrooms and backyards of the impacted properties. The proposed 8 feet wall will not sufﬁce and neither will the use of existing eucalyptus trees as there are gaps in between trees and sections without trees. The proposed addition of new trees will not provide sufﬁcient coverage due to construction height. Page of 1 6 Melia Homes Petition August 2, 2021 b. PROPERTY VALUES - Another signiﬁcantly huge concern which impacts the entire Cantada Square Community Owners is a potential decline in property valuation due to privacy related issues as a result of 3-story construction and the close proximity of the proposed project. A decline in property value of one home will negatively impact all property values within the closed and gated Cantada Square Community. At the time of construction of Cantada Square and the purchase of these properties, it was with the knowledge of the school zoning and open areas. 2. Melia Homes Development proposal calls for 22 buildings, each with 4 and 6 townhomes with a density of 17.25 dwelling units per acre (du/ac) yielding to the construction of 112 3-story multi-family townhomes with a height above 37 feet which further poses the following concerns: a. CLIMATE IMPACT - The increased height to 37” 3’ to allow for 3-story building construction will act as a barrier to cooler southern winds blocking natural cool air from ﬂowing through the community compounded by the development of 22 buildings housing 112 units which ultimately will increase radiated heat from building and intensiﬁed heat from glass windows reﬂection. This will also result in increased consumption of city electric utilities and further increasing owners’ utility cost during hot summer months. b. SANITATION & NOISE - The proposed development places the community trash collection bins within close proximity of the new proposed property wall which could pose health risks, increase in rodent population and horrifying trash odors emitting to the Cantada Square Community compounded with noise from trash pickup trucks in the back of bedrooms. The Noise Study conducted on 2/25/2021 appears to only measure current noise levels in the immediate vicinity for the proposed community and its future occupants, but it fails to project future noise levels after full occupancy, fully loaded with vehicles, and the future impact of the inevitable increase in noise level on surrounding communities. c. HEALTH & SAFETY - The proposed new block wall to build in between the existing property line wall and the Eucalyptus trees will not provide any privacy since the height is only 6 feet and further it Page of 2 6 Melia Homes Petition August 2, 2021 will create a maintenance and cleanup gap of the space in between walls. This will become a magnet for rodents, snakes, weeds, etc…which poses health and safety issues to families and children. d. HIGHER EMISSIONS - With the number of units proposed 112 townhomes with 2 car garages, 350 parking spaces proposed will undoubtedly increase CO2 emissions in the immediate environment affecting the health of many and primarily the elderly and children in the community. e. FLOOD EASMENT - The Cantada Square HOA and Community currently has a land easement on the developer’s site to prevent ﬂooding. It is imperative the the planned site does not infringe through connection or conduit on the existing channel easement as this will create an overload capacity on the channel which can lead to backup ﬂood wash onto Cantada Square Community. The Cantada Square HOA & Community will support a development of multi-family townhomes if the units proposed to be closest to the property line can be limited to two-story homes while retaining the 30 feet setback (grandfathered from school zoning) and limiting the height to not exceed existing Cantada Square home structures of approximately 21’ 3”. Further we would like additional detailed information from the developer and City Planning Staff on appropriate measures to address the various concerns shared above. Page of 3 6 Melia Homes Petition August 2, 2021 Name (Owner)Address Phone Signature DateName (Owner) Page of 4 6 Melia Homes Petition August 2, 2021 Address Phone Signature DateName (Owner) Page of 5 6 Melia Homes Petition August 2, 2021 Address Phone Signature DateName (Owner) Page of 6 6 From:Neely, Patricia To:Andy Uk Cc:Hauck, Leticia Subject:Re: Comments in regards to IS/MND Townes at Broadway (2323 W. Broadway) Date:Friday, August 13, 2021 1:20:15 PM Attachments:2323 W BROADWAY TOWNES AT BROADWAY MND AUHSD.pdf Andy, The District is hereby withdrawing its comment stated on the attached letter. Sincerely, Patricia Neely │AIA │Architect Director │ Facilities Planning ▪ Design ▪ Construction Anaheim Union High School District 501 Crescent Way │Anaheim │CA│ 92803-3520 714 999 3505 │neely_p@auhsd.us On Thu, Aug 5, 2021 at 8:36 AM Andy Uk <AUk@anaheim.net> wrote: Good morning Leticia, I hope all is well. I know you all are probably busy, but just pinging this for a check-in. Thank you, Andy T. Uk Associate Planner Anaheim Planning & Building Department │ Planning Services Division 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-5238 Fax (714) 765-5280 Item No. 4 New Correspondence After 1:30pm E-mail auk@anaheim.net From: Andy Uk Sent: Thursday, July 22, 2021 12:06 PM To: Hauck, Leticia <hauck_l@auhsd.us> Cc: neely_p@auhsd.us; Leung, Brian <Brian.Leung@kimley-horn.com>; Susan Kim <SKim@anaheim.net>; Garcia, Rita <Rita.Garcia@kimley-horn.com>; Nicholas J. Taylor <NJTaylor@anaheim.net>; Privitt, Dana <dana.privitt@kimley-horn.com>; Leonie Mulvihill <LMulvihill@anaheim.net>; Niki J. Wetzel <NWetzel@anaheim.net> Subject: RE: Comments in regards to IS/MND Townes at Broadway (2323 W. Broadway) Hi Leticia, Thank you for the response. We appreciate that you are busy with back to school and your consideration to meet with us. This project is scheduled to be reviewed by Planning Commission on August 16, so if we can meet sometime between August 11 and August 16 would greatly be appreciated. Once again, we would like to meet to discuss AUHSD’s attached letter in relation to Government Code Section 65995 (h) and the environmental impacts associated with a projected increase of four students in the AUHSD. Can you let me know of the best available time slots you have open between those dates? I’ll then proceed with creating a telecom meeting for us all. Thank you, Andy T. Uk Associate Planner Anaheim Planning & Building Department │ Planning Services Division 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-5238 Fax (714) 765-5280 E-mail auk@anaheim.net From: Hauck, Leticia <hauck_l@auhsd.us> Sent: Thursday, July 22, 2021 11:06 AM To: Andy Uk <AUk@anaheim.net> Cc: neely_p@auhsd.us; Leung, Brian <Brian.Leung@kimley-horn.com>; Susan Kim <SKim@anaheim.net>; Garcia, Rita <Rita.Garcia@kimley-horn.com>; Nicholas J. Taylor <NJTaylor@anaheim.net>; Privitt, Dana <dana.privitt@kimley-horn.com>; Leticia Hauck <hauck_l@auhsd.us> Subject: Re: Comments in regards to IS/MND Townes at Broadway (2323 W. Broadway) Hi Andy, In preparation for the return of students on August 11th. This amongeverything else has filled her calendar. If time permits, I am positive Patty will make herself available to discuss. If we canschedule a telecom after August 11th, we would sincerely appreciate it. My apologies for not getting back with you sooner. Thank you for your reply, Leticia Hauck Facilities Planning Assistant Facilities Planning, Design & Construction (714) 999-5454 | (714) 520-5741| hauck_l@auhsd.us Developer Fee Collection & Issuance of Certificate of Compliance - visit link for more information https://auhsd.us/District/Department/14195-Facilities Please NOTE: The DISTRICT OFFICE IS CLOSED due to the recent COVID-19 virus. For more information please refer to our website www.auhsd.us On Thu, Jul 22, 2021 at 10:51 AM Andy Uk <AUk@anaheim.net> wrote: Good morning Leticia and Patricia, I am following up on this. Thank you, Andy T. Uk Associate Planner Anaheim Planning & Building Department │ Planning Services Division 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-5238 Fax (714) 765-5280 E-mail auk@anaheim.net From: Andy Uk Sent: Monday, July 19, 2021 9:26 AMTo: hauck_l@auhsd.us; neely_p@auhsd.usCc: Leung, Brian <Brian.Leung@kimley-horn.com>; Susan Kim <SKim@anaheim.net>;Garcia, Rita <Rita.Garcia@kimley-horn.com>; Nicholas J. Taylor<NJTaylor@anaheim.net>; Privitt, Dana <dana.privitt@kimley-horn.com>Subject: Comments in regards to IS/MND Townes at Broadway (2323 W. Broadway) Good morning Leticia, Thank you for your review of the IS/MND and submission of this attached commentletter. Also, thank you for your phone call with me to discuss further. As discussed on ourcall, I am sending out this email to facilitate a meeting. Would be open to having a teleconference/phone conference regarding this comment forclarification? If so, please let me know what is the best way to set up a meeting; MSTeams, GoToMeetings, and/or via a phone conference and please let me know youravailability. Thank you, Andy T. Uk Associate Planner Anaheim Planning & Building Department │ Planning Services Division 200 South Anaheim Boulevard │ Suite 162 Anaheim, CA 92805 Office (714) 765-5238 Fax (714) 765-5280 E-mail auk@anaheim.net _______________________________ Anaheim Union High School District E-mail Confidentiality Notice This e-mail communication and any attachments, including documents, files, or previous e-mail messages, constitute electronic communications within the scope of the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq. This e-mail communication may contain non-public, confidential or legally privileged information intended for the sole use of the designated recipient(s). 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