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RES-2022-128RESOLUTION NO. 2022-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED MINOR CONDITIONAL USE PERMIT (DEV2021-00123) (1200-1320 SOUTH ANAHEIM BOULEVARD, 200 EAST BALL ROAD, AND 1207 SOUTH CLAUDINA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140 (collectively known as Development Application No. 2021-00123), to construct 223 residential units and 4,586 square feet of commercial space, with 15-percent of the units affordable to moderate income buyers, and a housing incentive to allow a reduced parking ratio (the "Proposed Project"), for that certain real property located at 1200 - 1320 South Anaheim Boulevard, 200 E. Ball Road, and 1207 S. Claudina Street 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 subject Minor Conditional Use Permit is proposed in conjunction with (i) General Plan Amendment to change the land use designation from "General Commercial" to "Mixed -Use Mid Density Residential," (ii) Reclassification to reclassify the property to apply the "Mixed -Use (MU) Overlay" zone, (iii) Tentative Tract Map No. 19140 to permit a 1-lot, 223 unit residential subdivision of the Property for condominium purposes, and (iv) Conditional Use Permit to allow single-family attached and mixed -use residential. General Plan Amendment, Reclassification, Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19140; and WHEREAS, a coordinated sign program and murals visible to the public are subject to the approval by the Planning Commission of a minor conditional use permit pursuant to Subsection .020 of Section 18.44.055 (Coordinated Sign Program) and subsequently .0102 of Section 18.44.045 (Minor Conditional Use Permit Required). If approved, the subject Minor Conditional Use Permit will permit a coordinated sign program for the multi -tenant commercial component of the mixed -use project and the installation of murals that are visible from the public right-of-ways; and WHEREAS, the Property is approximately 8.3 acres in size, and is currently developed with commercial and office buildings. The project site is located in the "C-G" General Commercial zone and South Anaheim Boulevard Corridor "SABC" Overlay zone, and is designated for General Commercial land uses by the General Plan; and WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on October 10, 2022, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and Mitigated Negative Declaration, 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, by motion, recommended that the City Council approve said Minor Conditional Use Permit, 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; (2) an ordinance approving and adopting Reclassification; (3) a resolution approving Tentative Tract map No. 19140; and (4) a resolution approving Conditional Use Permit; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the I" day of November, 2022, 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 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 CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, by Resolution No. 2022- 12 5 considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council found and determined that (i) the Mitigated Negative Declaration was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA Procedures; and (ii) the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 384 is the appropriate environmental documentation for the Proposed Project; as found and recommended by the Planning Commission in Resolution 2022-085. WHEREAS, pursuant to Subsection .060 (Findings) of Section 18.66 (Conditional Use Permit), 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 said Minor Conditional Use Permit: 1. That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .020 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority). The proposed coordinated sign program and the locations of the murals throughout the site would be permitted through the approval of a minor conditional use permit. -2- 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. The coordinated sign program, murals and monuments will not adversely affect the adjoining land uses because they will be complementary to the design of the proposed buildings. All signage will be located within the project site and will be designed to meet sign code requirements. 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. The project site is adequate in size to accommodate the proposed signs, murals, and monuments and will not be detrimental to the health and safety of other uses in the area. 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. All on -site signage and murals will be located within areas of the property that will not impose an undue burden or impact onto the adjacent streets or traffic. 5. That the granting of the Minor Conditional Use Permit or 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. All proposed on -site signage, murals, and monuments will be located in areas that will not impose any negative impacts or be detrimental to the citizens in the area; 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 negate the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the City Council does hereby approve and adopt Minor Conditional Use Permit, contingent upon and subject to: (1) adoption of a resolution approving General Plan Amendment; (2) the adoption by the City Council of an ordinance approving and adopting Reclassification; (3) adoption of a resolution approving Tentative Tract Map No. 19140; and (4) adoption of a resolution approving Conditional Use Permit; and all of which entitlements are now pending; and the mitigation measures set forth in MMP No. 3 84, 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. -3- BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (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 1" day of November, 2022, by the following roll call vote: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae and Faessel NOES: Council Members Moreno and Valencia ABSENT: None ABSTAIN: None [Mayoral vacancy] CITY OF ANAHEIM MAYOR PRO TEM OF THE CITY OF ANAHEIM CL OF THE CITY OF ANAHEIM Im EXHIBIT "A" DEV NO. 2021-00123 E BALL RD o so '00 Feet Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" MINOR CONDITIONAL USE PERMIT (DEV2021-00123) NO. I CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OFA GRADING PERMIT 1 MM AQ-1: Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the Owner/Developer and/or construction contractor shall provide the City with documentation demonstrating that all off -road equipment with engines greater than 50 horsepower used during project construction meet or exceed the United States Environmental Protection Agency (EPA) or California Air Resources Board (ARB) Tier 4 Interim off -road emission standards. The construction contractor shall maintain records concerning its efforts to comply with this requirement during construction, including equipment lists. Off -road equipment descriptions and information may include but are not limited to equipment type, equipment manufacturer, equipment identification number, engine model year, engine certification (Tier rating), horsepower, and engine serial number. 2 MM TCR-1: Prior to the commencement of any grading and/or construction activity, the Owner/Developer shall coordinate with the Juaneno Band of Mission Indians Acjachemen Nation Native American tribe and the Gabrieleno Band of Mission Indians — Kizh Nation Native American tribe in retention of Native American Monitors (Tribal Monitors) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Tribal Monitors shall only be present on -site during the construction phases that involve ground -disturbing activities within disturbed and undisturbed 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 Tribal Monitors shall complete daily monitoring logs that shall 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 monitors 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 prqJcct construction activities shall be evaluated RESPONSIBLE DEPARTMENT Planning and Building Department, Planning Services Division Planning and Building Department, Planning Services Division NO. I CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT by the qualified archaeologist and Tribal monitors. If the resources are Native American in origin, the Tribal Representative shall coordinate with the Owner/Developer regarding treatment and curation of these resources. Typically, the Tribes will request reburial or preservation for educational purposes. Work may continue on other parts of the project site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[fJ). 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, shall be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment shall 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. In the event that human remains are uncovered during ground disturbing activities, the Owner/Developer shall cease ground disturbing activities and contact the County coroner, Tribal Monitors, and archaeologist to inform of the discovery. The Owner/Developer shall coordinate and consult with the county coroner, Tribal Monitors and archaeologist for advisory on the matter, protocol, and any applicable mitigating requirements. Additionally, If the remains are determined to be of Native American origin, the most likely descendent (MLD), as the Native American Heritage Commission (NAHC) shall be contacted by the Owner/Developer to determine proper treatment and disposition of the remains. To protect the area in which the Native American human remains are present, development activity shall cease until consultation with the MLD is complete regarding recommendations pursuant to PRC Section 5097.98. Discovery of human remains shall also follow CEQA Guidelines Section 15064.5; PRC Section 7050.5 and PRC Section 5097.98. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 3 MM GEO-1: The Owner/Developer shall implement the recommendations Planning and Building provided in Section 5, Preliminary Recommendations, and Section 6, Department, Design Considerations, in the Geotechnical Feasibility Report prepared by Planning Services Alta California Geotechnical Inc. These include general earthwork Division requirements for site preparation, soil removal, fill material, grading, foundation, design, and all relevant construction permits, as well as requirements related to structural design and pavement design. The Geotechnical Feasibility Report that is included in Appendix D is incorporated herein by reference as fully set forth in this mitigation measure. 4 MM GHG-1: Prior to the issuance of any certificate of occupancy for the Planning and Building proposed project, the Owner/Developer shall provide the City with Department, documentation, to the City's satisfaction, that demonstrates the proposed Planning Services project would achieve GHG emission reductions equivalent to no less Division than 1,080 metric tons (MT) of carbon dioxide equivalent (CO2e) per year for 30 years, or 32,000 MT CO2e total, based on current estimates of the proposed project's annual GHG emissions inventory contained in this analysis. GHG emission reductions may be achieved through any combination of the following measures or other measures approved by the City: • Commit to purchasing 100-percent renewable electricity. • Install on -site solar panels that provide electricity beyond the minimum requirements according to the current version of Title 24. • Install solar water heaters or other renewable energy technologies. • Install solar on -site charging infrastructure consistent with the Tier 2 standards contained in CALGreen Section A4.106.6.8. • Design and construct all residences to be all -electric, precluding the installation of natural gas plumbing for space and water heating and appliance operation. • Purchase of voluntary carbon credits from a verified GHG emissions credit broker in an account sufficient to offset GHG emissions of no less than 1,080 MT CO2e per year for 30 years, or 32,400 MT CO2e total. Should the Owner/Developer elect to purchase carbon credits, all purchased carbon credits shall be pursuant to the following performance standards and requirements: (i) the carbon credits shall achieve real, permanent, quantifiable, verifiable, enforceable, and additional reductions as set forth in California Health and Safety Code Sections 38562(d)(1) and (d)(2). Such credits shall be based on protocols consistent with the NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT criteria set forth by Section 95972, subdivision (a), of Title 17 of the California Code of Regulations, as determined by an expert qualified to make such a determination, and shall not include credits originating outside of California, except to the extent that the quality of the credits, and their sufficiency under the standards set forth herein, can be verified by an expert qualified to make such a determination. In no event shall credits from outside the United States be used. Carbon credits must be purchased through one of the following: (i) a California Air Resources Board (ARB) approved registry, such as the Climate Action Reserve, the American Carbon Registry, or Verra (formerly known as the Verified Carbon Standard); and (ii) any registry approved by the ARB to act as a registry under the California Cap -and -Trade Program; or (iii) the California Air Pollution Control Officers Association's (CAPCOA) Greenhouse Gas Reduction Exchange (GHG Rx) or any program adopted or approved by the South Coast Air Quality Management District (SCAQMD). As an alternative to purchasing carbon credits, the Owner/Developer may elect to contribute to carbon offsets through a local or regional program or institution in an amount sufficient to offset the proposed project's GHG emissions by the previously identified amounts. Contributions to a local or regional program or institution may include, but are not limited to, funding for renewable energy infrastructure or technologies beyond what would otherwise be required for compliance with existing laws and regulations. Carbon offsets, expressed in an amount of MT CO2e per year, realized due to contributions made by the Owner/Developer for this purpose shall reduce the required MT CO2e reductions contained in this mitigation by an equal amount and be pursuant to the following performance standards and requirements: (i) the carbon offsets shall achieve real, permanent, quantifiable, verifiable, and enforceable reductions as set forth in California Health and Safety Code Sections 38562(d)(1) and (d)(2); and (ii) one carbon offset shall mean the past reduction or sequestration of one MT CO2e that is "not otherwise required" (CEQA Guidelines § 15126.4(c)(3)). 5 MM HAZ-1: Prior issuance of a grading permit, a limited subsurface Planning and Building investigation shall be conducted in order to determine the presence or Department, absence of soil, soil vapor, and/or groundwater contamination due to the Planning Services historical use of the subject property in connection with underground Division storage tanks (USTs) including but not limited to the property located at 1280 - 1300 South Anaheim Boulevard and 1354 South Anaheim Boulevard. A Health Risk Assessment or similar shall be prepared by Owner/Developer summarizing investigation findings. If contamination is present, the Owner/Developer shall request oversight from the Department of Toxic Substances Control DTSC), the Regional Water uali Control NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Board (RWQCB) and/or the Orange County Health Care Agency (OCHCA), as applicable, and comply with all requirements to remove and/or remediate contamination to appropriate levels prior to issuance of grading plan for the proposed project with any required operational controls included on construction plans. 6 MM HAZ-2: Prior to issuance of a grading permit, the in -ground hydraulic Planning and Building lift located at 1200 South Anaheim Boulevard shall be properly removed Department, from the project site, and confirmatory sampling shall be required to Planning Services determine the current conditions of soil and groundwater due to the use of Division current and former hydraulic lifts at the project site. A Health Risk Assessment or similar shall be prepared by Owner/Developer summarizing investigation findings. If contamination is present, the Owner/Developer shall request oversight from DTSC, RWQCB and/or OCHCA, as applicable, and comply with all requirements to remove and/or remediate contamination prior to issuance of a grading permit. 7 MM HAZ-3: Prior to issuance of a demolition permit, the Planning and Building Owner/Developer shall conduct a comprehensive, pre -demolition asbestos- Department, containing materials (ACM) survey in accordance with the sampling Planning Services protocol of the Asbestos Hazard Emergency Response Act (AHERA) and Division SCAQMD Rule 1403 (Asbestos Emissions from Demolition / Renovation Activities) prior to any activities with the potential to disturb building materials, in order to determine whether ACMs are present. In the event that ACMs are detected, the proper removal and disposal, consistent with existing regulations, of the building materials shall occur prior to any activities with the potential to disturb them. 8 MM NOI-1: Prior to issuance of grading and/or building permits, a note Planning and Building shall be provided on grading and building plans indicating that, during Department, grading and construction, the property owner/developer shall be Planning Services responsible for requiring contractors to implement the following measures Division to limit construction -related vibration impacts: Vibratory rollers shall maintain a setback of and not be utilized within a distance of at least 30 feet from the commercial warehouse building located at 1303 South Claudina Street. Site shall be staked or otherwise marked to clearly delineate area in which vibratory rollers cannot be used to compact soils during grading and asphalt during paving. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 MM UTL-1: A proposed residential development, Midway Apartments, is Planning and Building anticipated to address the recommended diversion improvements at the Department, Harbor Boulevard and Katella Avenue intersection to alleviate these Planning Services capacity deficient sewer segments. However, if the diversion at Harbor and Division Katella is not fully constructed and operational, prior to issuance of first the Building Permit for the proposed project, the Owner/Developer shall construct the diversion and make it operational. PRIOR TO THE ISSUANCE OFANYBUILDING PERMITS 10 The owner/developer shall submit draft Covenants, Conditions and Planning and Building Restrictions (CC&Rs) that are prepared by an authorized professional for Department, review and approval by the City Engineer, Planning Director, and City Planning Services Attorney, which will generally provide for the following: Division 1. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. 2. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. 3. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning and Building Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. 4. A provision that the City is a third -parry 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. 11 The final design, placement, and material selection of the murals shall be Housing and reviewed and approved by the Economic Development Department to Economic ensure conformance with the design intent of conceptual plans. Development 12 The final design of the focal art piece element shall be reviewed and Housing and approved by the Director of Economic Development. The art piece shall Economic be a minimum size of 15 feet in height and 10 feet in width. Development 13 Murals shall be treated with an anti -graffiti coating. The original muralist Housing and shall be contacted to fix the murals should be become defaced. Economic Development NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 The vertical building murals shall provide LED accent lighting to Housing and illuminate the murals at night. Lighting design with light fixture details Economic shall be reviewed and approved by the Economic Development Development Department. 15 The final design, lighting, and material selection of the freestanding art Housing and piece at the corner of Anaheim Boulevard and Ball Road shall be Economic reviewed and approved by the Economic Development Department. Development 16 Project name, tenant ID, and address numbers on building elevations shall Housing and be reviewed and approved by the Economic Development Department to Economic ensure they enhance the architecture of the building and are consistent Development with the design of the project monument signs. 17 Project signs and entryway monuments shall be reviewed and approved Housing and by the Economic Development Department to ensure quality, material Economic selection, and consistency with the design intent of the approved plans. Development Project signs and entryways shall be internally lit or have spot lighting (u -li Thong). ON -GOING DURING CONSTR UCTION A CTIVITIES 18 MM CUL-1: An Archaeologist who meets the Secretary of the Interior's Planning and Building Professional Qualification Standards for Archaeology shall perform a Department, "tailgate" Worker Environmental Awareness Program (WEAP) training to Planning Services all construction personnel directly involved with project -related ground Division disturbance activities. The training shall include visual aids, a discussion of applicable laws and statutes relating to archaeological resources, types of resources that may be found within the project site, and procedures that shall be followed in the event such resources are encountered. In the event that inadvertent discoveries are found, an Archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for Archaeology shall perform an inspection of the site for potential archaeological resources once grubbing, ground clearing, and demolition are complete, and prior to any grading or project -related ground disturbance. In the event exposed soils indicate cultural materials may be present, this shall be followed by regular or periodic archaeological monitoring as determined by the Archaeologist, but full-time archaeological monitoring is not required at this time. It is always possible that ground -disturbing activities during construction may uncover previously unknown, buried cultural resources. In the event that buried cultural resources are discovered during construction, operations shall stop in the immediate vicinity of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further stud�y. The qualified Archaeologist shall make NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT recommendations to the Lead Agency on the measures that shall be implemented to protect the discovered resources, including but not limited to excavation of the finds and evaluation of the finds in accordance with Section 15064.5 of the CEQA Guidelines. Potentially significant cultural resources consist of but are not limited to stone, bone, fossils, wood, or shell artifacts or features, including hearths, structural remains, or historic dumpsites. Any previously undiscovered resources found during construction within the project area shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of CEQA criteria. If the resources are determined to be unique historic resources as defined under Section 15064.5 of the CEQA Guidelines, mitigation measures shall be identified by the Archaeological Monitor and recommended to the Lead Agency. Appropriate mitigation measures for significant resources shall include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. No further grading shall occur in the area of the discovery until the Lead Agency approves the measures to protect these resources. Any archaeological artifacts recovered as a result of mitigation shall be donated to a qualified scientific institution approved by the Lead Agency where they would be afforded long-term preservation to allow future scientific study. 19 MM GEO-2: In the event that any significant paleontological resources Planning and Building (i.e., bones, teeth, or unusually abundant and well-preserved invertebrates Department, or plants) be unearthed, the construction crew shall not attempt to remove them. All work in the immediate vicinity of the discovery shall be Planning Services diverted at least 15 feet until a professional Paleontologist assesses the Division find and, if deemed appropriate, salvages it in a timely manner. All recovered fossils shall be deposited in an appropriate repository, where they shall be properly curated and made accessible for future study. ON -GOING DURING OPERATIONS 20 All new landscaping shall be installed by the owner/developer in Planning and Building conformance with Chapter 18.46 "Landscape and Screening" of the Department, Anaheim Municipal Code and shall be maintained in perpetuity. Planning Services Landscaping shall be replaced by the applicant in a timely manner in the Division event that it is removed, damaged, diseased, and/or dead. GENERAL NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Conditions of approval related to each of the timing milestones above shall Planning and Building be prominently displayed by the owner/developer on plans submitted for Department, permits. For example, conditions of approval that are required to be Planning Services complied with prior to the issuance of building permits shall be provided Division 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. 22 The applicant is responsible for paying all charges related to the processing planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the Planning Services issuance of required permits or may result in the revocation of the approval Division of this application. 23 The owner/developer shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 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. 2022-128 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 1st day of November, 2022 by the following vote of the members thereof: AYES: Mayor Pro Tem O'Neil and Council Members Diaz, Ma'ae, and Faessel NOES: Council Members Moreno and Valencia ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 31 day of November, 2022. I ERK OF THE CITY OF ANAHEIM (SEAL)