RES-2021-092RESOLUTION NO. 2021-092
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
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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
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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. 2021-00001; and
WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the
City Council did fix the 2 8 day of septi 2 02 1, 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
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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.
NOW, THEREFORE, BE IT 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.
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THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 28 day of September , 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Ma'ae, Valencia, and O'Neil
NOES: Tone
ABSENT: None
ABSTAIN: Council Member Moreno
ATTEST:
CITY OF ANAHEIM
E CITY OFANAHEIM
CL RK OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2020-00180
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2020-06094
(DEV2020-00180)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OFA GRADING PERMIT
1
The applicant shall prepare and submit a final grading plan showing
Public Works
building footprints, pad elevations, finished grades, drainage routes,
Department,
retaining walls, erosion control, slope easements and other pertinent
Development Services
information in accordance with Anaheim Municipal Code and the
Division
California Building Code, latest edition.
2
The applicant shall prepare and submit a final drainage study, including
Public Works
supporting hydraulic and hydrological calculations to the City of Anaheim
Department,
for review and approval. The study shall confirm or recommend changes
a Development Services
to the City's adopted Master Drainage Plan by identifying off-site and on-
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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.
3
The applicant shall execute a Save Harmless Agreement with the City of
Public Works
Anaheim for any storm drain connections to the City's storm drain system.
Department,
The agreement shall be recorded by the applicant on the property prior to
Development Services
the issuance of any permits.
Division
4
The applicant shall obtain the required coverage under California's
Public Works
General Permit for Stormwater Discharges associated with Construction
Department,
Activity by providing a copy of the Notice of Intent (NOI) submitted to
Development Services
the State Water Resources Control Board and a copy of the subsequent
Division
notification of the issuance of a Waste Discharge Identification (WDID)
number.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
5
The applicant shall prepare a Stormwater Pollution Prevention Plan
Public Works
(SWPPP). The SWPPP shall be kept at the project site and be available
Department,
for Public Works Development Services Division review upon request.
Development Services
Division
6
The applicant shall submit a Water Quality Management Plan (WQMP)
Public Works
to the City for review and approval. The WQMP shall be consistent with
Department,
the requirements of Section 7 and Exhibit 7.I1 of the Orange County
Development Services
Drainage Area Management Plan (DAMP) for New
Division
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.
7
The applicant shall submit a Geotechnical Report to the Public Works
Public Works
Development Services Division for review and approval. The report shall
Department,
address grading and any proposed infiltration features of the WQMP.
Development Services
Division
8
The Owner/Developer shall submit a set of improvement plans for Public V
Public Utilities Water
Utilities Water Engineering review and approval in determining the
Engineering
conditions necessary for providing water service to the project.
9
SC AQ -1: Dust Control. During construction, construction contractors
Planning and Building
shall comply with South Coast Air Quality Management District's (South
Department,
Coast AQMD's) Rules 402 and 403 to minimize construction emissions of
Planning Services
dust particulates. South Coast AQMD Rule 402 requires that air pollutant
Division
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
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
Planning and Building
District (South Coast AQMD) Rule 1113 requires manufacturers,
Department,
distributors, and end-users of architectural and industrial maintenance
Planning Services
coatings to reduce reactive organic gas (ROG) emissions from the use of
Division
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.
11
SC BIO -1: Nesting Migratory Birds. During construction, grubbing,
Planning and Building
brushing, or tree removal shall be conducted outside of the state identified
Department,
nesting season for migratory birds (i.e., typically March 15 through
Planning Services
September 1), if possible. If construction activities cannot be conducted
Division
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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
12
MM CR -1: Prior to issuance of any permit for ground -disturbing activities, Planning and Building
the Applicant shall provide evidence to the City of Anaheim Planning Department,
Department that a qualified professional (i.e., archaeologist, historian, Planning Services
architect, paleontologist, Native American Tribal monitor), has been Division
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.
13
MM GEO-1: Prior to the issuance of grading permits, the City shall review
Public Works
all project plans for grading, foundation, structural, infrastructure, and all
Department,
other relevant construction permits to ensure compliance with the
Development Services
Geotechnical and Infiltration Evaluation recommendations.
Division
G.
14
MM GEO-2: Prior to the issuance of the first grading permit or permit for
Planning and Building
ground disturbance activities, the Applicant shall provide evidence to the
Department,
City of Anaheim Planning and Building Department that the Applicant has
Planning Services
retained a qualified professional paleontologist. The selection of the
Division
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.
15
MM N-1: The Applicant shall ensure through contract specifications that
Planning and Building
construction best management practices (BMPs) are implemented by
Department,
contractors to reduce construction noise levels. Contract specifications
Planning Services
shall be included in construction documents, which the City shall review
Division
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.
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NO. I CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
16
• 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.
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 Acj achemen 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[fJ). If a resource is
determined by the Qualified archaeologist to constitute a "historical
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Planning and Building
Department,
Planning Services
Division
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
Planning and Building
activity, the Project Applicant shall retain a Native American Monitor from
Department,
the Gabrieleno Band of Mission Indians — Kizh Nation (Tribal Monitor)
Planning Services
and a copy of the executed contract shall be submitted to the City of
Division
Anaheim Planning and Building Department. The Gabrielefio 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 Gabrielefio 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 Gabrieleno 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 Gabrieleno Band of Mission Indians — Kizh
Nation monitor. If the resources are Native American in origin, the
Gabrieleno Band of Mission Indians — Kizh Nation Tribal Representative
shall coordinate with the Project Applicant regarding treatment and
curation of these resources. Typically, the Gabrielefio Band of Mission
Indians — Kizh Nation will request reburial or 1)reservation for educational
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NO. ; CONDITIONS OF APPROVAL
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 B UILDING PERMITS
11%
The applicant shall submit plans indicating the following:
a. Obscured glass windows and awnings above window openings
shall be installed at all third -story windows on the north elevation
of buildings located adjacent to the northern property line (facing
the Cantada Square HOA);
b. An 8 -foot decorative masonry wall shall be provided along the
entire length of the north property line;
c. 50 percent of all new trees planted adjacent to the north property
line shall be a minimum of 20 feet tall at time of planting.
d. The louvered architectural element at the front of the recreation
building facing Broadway shall be removed. Building elevations
shall match the architectural elements and style of the residential
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.
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RESPONSIBLE
DEPARTMENT
Planning and Building
Department,
Planning Services
Division
Public Works
Department,
Traffic Engineering
Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
20.
Prior to the issuance of building permits, street improvement plans shall be
Public Works
submitted to the Public Works Department — Traffic Engineering for
Department,
review and approval of proposed signing and/or red curb painting on the
Traffic Engineering
north side of Broadway adjacent to the project accesses. Signage and curb
Division
painting modifications shall be installed per the approved plans and shall
be completed prior to the first final building and zoning inspection.
21
Prior to the issuance of building permits, plans shall be submitted showing
Public Works
stop control for southbound traffic direction at . the Project
Department,
Driveway/Broadway intersection. STOP signs, STOP bars, and STOP
Traffic Engineering
pavement legends shall be located within the subject property and be
Division
installed prior to the first final building and zoning inspection. Subject
property shall thereupon be developed and maintained in conformance with
said plans.
22
A private water system with separate water service for fire protection and
Public Utilities
domestic water shall be provided by the applicant and shown on plans
Department,
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
Utilities Del)artment.
Division
23
Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-
Public Utilities
537.5) as amended by Senate Bill 7, water submetering shall be furnished
Department,
and installed by the Owner/Developer and a water submeter shall be
Water Engineering
installed to each individual unit. Provisions for the ongoing maintenance
Division
and operation (including meter billing) of the submeters shall be the
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project.
24
The applicant shall provide all backflow equipment located above ground Public Utilities
outside of the street setback area in a manner fully screened from all public Department,
streets and alleys. Any backflow assemblies currently installed in a vault Water Engineering
will have to be brought up to current standards by the applicant. Any other Division
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.
All requests for new water services, backflow equipment, or fire lines, as Public Utilities
25
well as any modifications, relocations, or abandonments of existing water Department,
-14-
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
services, backflow equipment, and fire lines, shall be coordinated and
Water Engineering
permitted by the applicant through Water Engineering Division of the
Division
Anaheim Public Utilities Department.
26 All existing water services and fire services shall conform to current Water Public Utilities
Services Standards Specifications. Any water service and/or fire line that Department,
does not meet current standards shall be upgraded by the applicant if Water Engineering
continued use is necessary or abandoned if the existing service is no longer Division
needed. The Owner/Developer shall be responsible for the costs to upgrade
or to abandon any water service or fire line.
27 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an Public Utilities
easement for all large domestic above -ground water meters and fire Department,
hydrants, including a five (5) -foot wide easement around the fire hydrant Water Engineering
and/or water meter pad. (ii) a twenty (20) foot wide easement for all water Division
service mains and service laterals all to the satisfaction of the Water
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.
28
The Owner/Developer shall submit a water system master plan, including
Public Utilities
a hydraulic distribution network analysis, for Public Utilities Water
Department,
Engineering review and approval. The master plan shall demonstrate the
Water Engineering
adequacy of the proposed on-site water system to meet the project's water
Division
demands and fire protection requirements.
29
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities
Water Engineering Division an estimate of the maximum fire flow rate and
Department,
maximum day and peak hour water demands for the project. This
Water Engineering
information will be used to determine the adequacy of the existing water
Division
system to provide the estimated water demands. Any off-site water system
improvements required to serve the project shall be done in accordance
with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations.
30
Water improvement plans shall be submitted by the applicant to the Water
Public Utilities
Engineering Division for approval and a performance bond in the amount
Department,
approved by the City Engineer and form approved by City Attorney shall
Water Engineering
be posted with the CAy of Anaheim.
Division
31
Individual water service and/or fire line connections shall be provided by
Public Utilities
the applicant for each parcel or residential, commercial, industrial unit per
Department,
Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations.
-15-
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Water Engineering
Division
Prior to approval of permits for improvement plans, the property Public Utilities,
32
owner/developer shall coordinate with Electrical Engineering to establish Electrical Engineering
electrical service requirements and submit electric system plans, electrical
panel drawings, site plans, elevation plans, and related technical drawings
andspecifications.
33
Emergency vehicular access shall be provided and maintained by the
Anaheim Fire &
applicant in accordance with Fire & Rescue Specifications and
Rescue
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.
Grasscrete shall not be used for any portion of the Fire department access
road.
34
Access to Rescue Windows and Other Required Openings: All buildings
Anaheim Fire &
equipped with openings, as required by the Fire and Building Code shall
Rescue
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 rekluirement
35
The applicant shall provide all backflow equipment located above ground
Public Utilities
outside of the street setback area in a manner fully screened from all public
Department,
streets and alleys. Any backflow assemblies currently installed in a vault
Water Engineering
will have to be brought up to current standards by the applicant. Any other
Division
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.
36
Any/all existing easements that are shown/noted to be abandoned shall be '
Public Works
abandoned and the applicant shall have abandonment document recorded.
Department,
Development Services
Division
37
The applicant shall record Tract Map No. 19137 pursuant to the
Public Works
Subdivision Map Act and in accordance with City Municipal Code.
Department,
Exception: Permits for models may be issued prior to recordation. Provide
Development Services
a duplicate photo Mylar of the recorded map to the City Engineer's office. I
Division
-16-
NO.
I
CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT
38
Subject to prior approval by City Engineer, a cash -in -lieu payment based
Public Works
on the engineer's cost estimate, in an amount determined by the City
Department,
Engineer, shall be paid by the applicant to the City of Anaheim for future
Development Services
street widening along Broadway.
t Division
39
The applicant shall obtain a Right -of -Way Construction Permit (RCP)
Public Works
from the Development Services Division and post a security for
Department,
construction of all required public improvements within street right -of-
Development Services
way.
Division
40
The applicant shall provide a certificate from a Registered Civil Engineer
Public Works
certifying that the finished grading has been completed in accordance
Department,
with the City approved grading plan.
Development Services
Division
41
The applicant shall provide site landscape plans that comply with the City
Public Works
of Anaheim adopted Landscape Water Efficiency Guidelines. This
Department,
ordinance is in compliance with the State of California Model Water
Development Services
Efficient Landscape Ordinance (AB 1881).
Division
42
The owner/developer shall verify whether a single feed for fire service is
Public Utilities
adequate enough to provide the required fire flows as determined by
Department,
Anaheim Fire Department for private fire hydrants. A fire flow test and
Water Engineering
hydraulic network analysis may be required. If there is not adequate fire
Division
flow from a single feed, an additional fire service connection shall be
installed by the applicant.
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
43
Prior to connection of electrical service, the legal owner shall provide to the
Public Utilities,
City of Anaheim a Public Utilities easement with dimensions as shown on
Electrical Engineering
the approved utility service plan.
44
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
45
All public improvements shall be constructed by the developer/applicant,
Public Works
inspected and accepted by Construction Services prior to final building and
Department,
zoning inspection.
Development Services
Division
46
All remaining fees/deposits required by Public Works department must be
Public Works
paid in full by the applicant.
Department,
Development Services
Division
-17-
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
47
The applicant shall set all Monuments in accordance with the final map and Public Works
submit all centerline ties to Public Works Department. Any monuments Department,
damaged as a result of construction shall be reset to the satisfaction of the Development Services
Cit\ Engineer. Division
48
Prior to final building and zoning inspections, the applicant shall have all
Public Works
required WQMP items inspected and operational.
Department,
Development Services
Division
49
Prior to final building and zoning inspections, the applicant shall have all
Public Works
required WQMP items inspected and operational.
Department,
Development Services
Division
50
Prior to Final Building and Zoning Inspections, the property
Public Works
owner/developer shall execute and record with the Orange County
Department,
Recorder an unsubordinated declaration of Covenants Conditions and
Traffic Engineering
Restrictions (CC&Rs) to run with the land, satisfactory to the City
Division
Engineer, Planning Director, and City Attorney, which restricts the
installation of vehicle gates across the project driveways or access roads
as the site design does not allow any such gates to conform to City of
Anaheim Engineering Standard Detail 475 pertaining to gate set back
distance, turnaround area, guest phone, separate lane for guest access, and
minimum width for ingress/egress as required by the Fire Department.
Should gates be desired in the future, an amendment to the CC&R's
approved by the City Engineer, Planning Director and the City Attorney's
office and recorded. Gates, if any, shall comply with the current version
of City of Anaheim Engineering Standard Detail 475 and are subject to
approval b% the City Engineer.
�
51
The Owner/Developer shall install an approved backflow prevention
Public Utilities
assembly on the water service connection(s) serving the property, behind
Department,
property line and building setback in accordance with Public Utilities
Water Engineering
Department Water Engineering Division requirements.
Division
52
The applicant shall install a UL listed meter, Hersey Residential Fire
Public Utilities
Meter with Translator Register (no equals), for all fire services 2 -inch
Department,
and smaller.
Water Engineering
Division
ON-GOING DURING OPERATIONS
53
All new landscaping shall be installed by the applicant in conformance
Planning and Building
with Chapter 18.46 "Landscape and Screening" of the Anaheim
Department,
Municipal Code and shall be maintained in perpetuity. Landscaping shall
Planning Services
be replaced by the applicant in a timely manner in the event that it is
Division
removed, damaged, diseased and/or dead.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
54
The applicant shall maintain trees in good health in perpetuity along the Planning and Building
easterly property line to provide adequate screening and privacy from Department,
adjacent property, in accordance with the approved landscape plan. Planning Services
Division
55
Vehicle gates shall not be installed across the project driveways or access
Public Works
roads by the owner/applicant, as the site design does not allow any such
Department,
gates to conform to City of Anaheim Engineering Standard Detail 475
Traffic Engineering
pertaining to gate set back distance, turnaround area, guest phone,
Division
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.
56
The Owner shall be responsible for restoring any special surface
Public Utilities Water
improvements, other than asphalt paving, within any right-of-way, public
Engineering
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master CC&Rs for the project and the City easement deeds.
GENERAL
57
A minimum of two connections to public water mains and water Public Utilities Water
looping inside the project are required. Engineering
1. The following minimum horizontal clearances shall be maintained by Public Utilities Water
58
the owner/applicant between proposed water main and other facilities: Engineering
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, BCWECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc:) or above ground
facilities.
-19-
NO. I CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
59 The applicant shall not install public water main or public water facilities Public Utilities Water
in private alleys or paseo areas. Engineering
60 The applicant shall not install public water mains or laterals under parking Public Utilities Water
stalls or parking lots. Engineering
61
62
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.
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
-20-
Planning and Building
Department,
Planning Services
Division
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-092 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 28th day of September, 2021 by the following vote of the members
thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia and O'Neil
NOES: None
ABSTAIN: Council Member Moreno
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of October, 2021-
f
(SEAL)
CITY CLIERK OF THE CITY OF ANAHEIM