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RES-2024-083RESOLUTION NO. 2024-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE A CEMETERY USE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00204) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition from Orange County Cemetery District ("Owner") to approve a Conditional Use Permit to construct and operate a cemetery for that certain real property located southeast of the State Route 91 and Gypsum Canyon Road interchange, at the terminus of Santa Ana Canyon Road, 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 283-acres in area and is currently vacant. The property is designated for Low Medium Density Residential land uses in the General Plan. The property is also located in the Mountain Park Specific Plan No. 90-4 and is subject to the proposed amended zoning and development standards contained in Chapter 18.112 (Mountain Park Specific Plan No. 90-4), now pending, of the Zoning Code (the "Code"); and WHEREAS, cemeteries in the Mountain Park Specific Plan, as amended, require a conditional use permit pursuant to Subsection .020 of Sections 18.112.080 (Single -Family Detached Residential Zones) and 18.112.090 (Single -Family Cluster Residential Zones); and WHEREAS, the Conditional Use Permit is proposed to construct and operate a cemetery use. To that end, the Owner has requested the following entitlements: 1. An amendment to the General Plan Land Use Element to update to Table LU-4 (General Plan Density Provisions for Specific Areas of the City) of the General Plan Land Use Element to reflect that although the Mountain Park Specific Plan remains in place, the residential development areas of the Specific Plan are encumbered with a conservation easement or otherwise restricted to a cemetery use, following the property transfer to the County of Orange in 2014 and subsequently, for Development Area 5, to the Orange County Cemetery District in 2019. 2. An amendment to the Mountain Park Specific Plan No. 90-4 to add a cemetery and associated infrastructure as a permitted use in Development Area 5. 3. An amendment to Title 18 (Zoning) of the Anaheim Municipal Code to amend Chapter 18.112 (Mountain Park Specific Plan No. 90-4 (SP90-4)) to add cemeteries as a conditionally permitted use in Development Area 5. 4. A conditional use permit to permit the construction and operation of a cemetery use in Development Area 5 of the Mountain Park Specific Plan No. 90-4, -1- 5. A tentative parcel map to subdivide the property which encompasses approximately 283 acres into two parcels for the purpose of constructing a public cemetery and a veteran's cemetery ("Tentative Parcel Map No. 2022-160"). WHEREAS, the proposed General Plan Amendment, Specific Plan Amendment, Zoning Code Amendment, Conditional Use Permit, and Tentative Parcel Map No. 2022-160 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 17, 2024, 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 and testimony concerning the contents and sufficiency of the Addendum Final Environmental Impact Report (FEIR No. 331) and Mitigation Monitoring Plan No. 389 (MMP 389), 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, 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 the Proposed Project, the Planning Commission, recommended that the City Council approve the Conditional Use Permit, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference; and WHEREAS, by Resolution No. PC2024-015, the Planning Commission the Planning Commission found and recommends that the City Council determine that (i) the Addendum was prepared for the Proposed Project in compliance with the requirements of CEQA, and the State CEQA Guidelines; (ii) the Addendum, Mitigation Monitoring Program No. 137 (MMP 137) adopted for FEIR No. 331, and MMP 389 is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for the Proposed Project; and WHEREAS, upon receipt of the Planning Commission's recommendation, summary of evidence and report of findings and recommendations of the Planning Commission, the City Council did fix the 23rd day of July, 2024, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing for the purpose of considering the Proposed Project, the Addendum and MMP 389, and did give notice thereof in the manner and as provided by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code; and WHEREAS, on July 23, 2024, the City Council did hold and conduct such public hearing, give all persons interested therein an opportunity to be heard, and receive evidence and reports and did consider the Proposed Project, including recommendations of the Planning Commission, potential environmental impacts addressed in the Addendum and MMP 389; and WHEREAS, this City Council, 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 -2- with respect to the Proposed Project, specifically, with respect to the request for this Conditional Use Permit, does hereby find and determine as follows: 1. The proposed use is properly one for which a conditional use permit is authorized by this code, as amended Cemetery land uses are proposed to be added to the Mountain Park Specific Plan Non -Residential Classes of Uses Table to permit cemeteries through a conditional use permit within Development Area 5. 2. 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 proposed cemetery operations would be maintained on -site. The adjoining land uses would remain as open space and the proposed cemetery would provide a low intensity land use that has been designed to complement the surrounding properties. 3. 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 was designed to allow for the full development of the proposed use on - site without conflicting with any existing adjacent use. The property and utility infrastructure are appropriately sized to accommodate the proposed use and will allow internment areas to be developed incrementally in phases based on demand after the initial construction to create the two parcels and exterior loop roadway. The project has been designed to accommodate all operations on -site which include administrative services, maintenance services, on -site internment services, and vehicle access and circulation. 4. 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. The Public Works Department — Traffic and Transportation Division, in conjunction with a third party peer reviewer, reviewed a Vehicle Miles Traveled Analysis and Traffic Impact Analysis. These studies demonstrate that the proposed project will result in less traffic than the currently allowed uses, indicating that the current and planned roadway infrastructure will accommodate the proposed project. 5. The project has been designed to accommodate all on -site operations, vehicle parking, and circulation without impacting the adjacent land uses. Conditions of approval have been included to ensure the cemetery use will be properly maintained and compatible with the area and adjacent land uses; and WHEREAS, by Resolution No. 2024-081 considered and approved by the City Council concurrently with but prior in time to consideration of this resolution, the City Council determined that (i) the Addendum was prepared for the Proposed Project in compliance with the requirements of CEQA, and the State CEQA Guidelines; (ii) the Addendum, MMP 137, and MMP 389, is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA the Proposed Project; 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 -3- 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 Proposed 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 pursuant to the aforesaid findings and determinations and based upon a thorough review of the Proposed Project, the Addendum to FEIR No. 331 including MMP No. 389 which has been created to mitigate the impacts of the Proposed Project and includes all applicable project design features, standard conditions, and mitigation measures from MMP 137 approved in conjunction with FEIR No. 331, and the evidence received to date, the City Council does hereby approve this Conditional Use Permit, in the form presented at this meeting, contingent upon and the approval of (1) the General Plan Amendment, Specific Plan Amendment, Zoning Code Amendment, and Tentative Parcel Map No. 2022-160 requested as part of the Proposed Project, (2) the mitigation measures set forth in Mitigation Monitoring Plan No. 389 for the Proposed Project; and (3) 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. BE IT FURTHER RESOLVED that 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 of Permit Approval) and 18.60.200 (Revocation or Modifications of Permits) of the Code. BE IT FURTHER RESOLVED that this 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 23 day of July , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM t r '�j MAYOR OF ITY OF ANAHEIM ATTES CITY CtElIK OF THE CITY OF ANAHEIM -5- EXHIBIT "A" DEV NO, 2020-00204 APN: 514-012-35 ,M..011 0 260 sza Source: Recorded Tract Maps and/or City G1S. accuracy Please note the is +/- two to five feet. �� Y EXHIBIT " B" CONDITIONS OF APPROVAL DEV2020-00204 I NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO MAP RECORDATION The legal property owner shall irrevocably offer to dedicate to the City 1 of Anaheim, for road, public utilities and other public purposes, the public Works right-of-way easements described below: Department -7 ft. in width on Gypsum Canyon Road. Development Services 2 The developer shall pay all applicable development impact fees Public Works required under the Anaheim Municipal Code. Department Development Services The developer shall submit improvement plans, for the construction of 3 required public improvements, to the Public Works Development Public Works Department p Services Division for review, approval, and to determine the bond Development Services amounts. The final map shall be submitted to the City of Anaheim, Public Public Works 4 Works Development Services Division and to the Orange County Surveyor for technical correctness review and approval. Department Development Services 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, drainage devices, parkway landscaping and irrigation, Public Works 5 private street lights, etc. in addition to maintenance requirements Department established in the Water Quality Management Plan (WQMP) as Development Services applicable to the project. The covenant shall be recorded concurrently with the Final Map. Provide a Monumentation bond in an amount specified in writing by a Public Works 6 Licensed Land Surveyor of Record. Department Development Services Comply with all applicable requirements of the Anaheim Municipal Public Works 7 Code. Department Development Services PRIOR TO GRADING PERMIT ISSUANCE 8 Prepare and submit a final grading plan showing building footprints, Public Works pad elevations, finished grades, drainage routes, retaining walls, erosion Development control, slope easements and other pertinent information in accordance Services with Anaheim Municipal Code and the California Building Code, latest edition. -7- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 Prepare and submit a final drainage study, including supporting Public Works hydraulic and hydrological data to the City of Anaheim for review and Development approval. The study shall confirm or recommend changes to the City's Services 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 10 The developer shall execute a Save Harmless Agreement with the City Public Works of Anaheim for any storm drain connections to a City storm drain Development system. The agreement shall be recorded by the applicant on the Services property rior to the issuance of any permits. 11 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer. Development Services 12 The OWNER shall obtain the required coverage under California's Public Works General Permit for Stormwater Discharges associated with Development Construction Activity by providing a copy of the Notice of Intent (NOI) Services 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. 13 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works t (SWPPP). The SWPPP shall be kept at the project site and be available Development for Public Works Development Services Division review upon request. Services 14 Submit Water Quality Management Plan (WQMP) to the City for Public Works review and approval. The WQMP shall be consistent with the Development requirements of Section 7 and Exhibit 7.11 of the Orange County Services Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on -going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. 15 Submit a Preliminary Geotechnical Report to the Public Works Public Works Development Services Division for review and approval. The report Development shall address any proposed infiltration features of the WQMP. Services NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 Applicant shall submit a copy of the approved permit and/or other form Public Works of approval of the project from the following agencies Caltrans, Development Regional Water Control Board and the Army Corps of Engineers. Services 17 Prior to issuance of grading permits, the grading plans shall show one- Public Works way stop control (minor approach on T intersections only), two-way Traffic Engineering stop control, or all -way stop control at all internal intersections. The plans shall also demonstrate that landscaping does not interfere with driver line of sight at these internal intersections. 18 The Owner/Developer shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in determining Department the conditions necessary for providing water service to the project. Water Engineerin, 19 A fire master plan shall be required with the submittal of the precise Anaheim Fire grading plan. Department Community Risk Reduction Division 20 A fuel modification plan shall be required with the submittal of the Anaheim Fire precise grading plan. Department Community Risk Reduction Division PRIOR TO BUILDING PERMIT ISSUANCE 21 Record Parcel Map No. 2022-160 pursuant to the Subdivision Map Public Works Act and in accordance with City Code. Provide a duplicate photo Department Mylar of the recorded map to the City Engineer's office. Development Services 22 Provide a certificate, from the project's Registered Civil Engineer, Public Works certifying that the rough grading for the building pad(s) has been Department completed in accordance with the City approved grading plan. Development Services 23 All onsite sewer lines shall be privately owned and maintained by the Public Works property owner/HOA and shall be designed per current CA Department Building/Plumbing Code, and shall be submitted, reviewed, and Development Services approved by the Building Division. 24 A Right of Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public Department rig.ht-of-way. L)evclo pent Services 25 All Landscape plans shall comply with the City of Anaheim adopted Public Works Landscape Water Efficiency Guidelines. This ordinance is in Department compliance with the State of California Model Water Efficient Development Services Landscape Ordinance (AV 1881). 26 Submit an interim soils report indicating pad compaction and site Public Works stability prepared by the project's Geotechnical Engineer of Record. Department The pad compaction report shall include a site plan showing the Development Services compaction testinig locations. sea NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 Due to the feasibility of the improvements required for this project at Public Works the intersection of Gypsum Canyon Road and Santa Ana Canyon Road, Department a lump sum of money, in an amount approved by the City Engineer to Development Services be sufficient to pay for the future improvements, shall be paid to the City of Anaheim in the form of a Cash in Lieu (CIL). A Cost Estimate for the improvements should be prepared by a certified civil engineer and reviewed by the Public Works, Development Services prior to the approval of this building . ermit s . 28 Prior to the issuance of the first building permit, the property Public Works owner/developer shall submit street improvement plans for traffic Traffic Engineering circulation improvements at the intersection of Gypsum Canyon Road and Santa Ana Canyon Road to the Public Works Department, Development Services Division for review and approval. Plans shall show recommended improvements identified in the approved traffic study, consisting of signing and striping modifications to enhance the operation of the intersection. All improvements shall be installed and completed prior to final building and zoning inspection. 29 A private water system with separate water service for fire protection Public Utilities and domestic water shall be provided and shown on plans submitted to Department the Water Engineering Division of the Anaheim Public Utilities Water Engineering Department. 30 All backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets and Department alleys. Any backflow assemblies currently installed in a vault will have Water Engineering 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. 31 All requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing Department water services, backflow equipment, and fire lines, shall be coordinated Water Engineering and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 32 All existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire Department line that does not meet current standards shall be upgraded if continued Water Engineering 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 an,, water service or fire line. 33 The Owner shall irrevocably offer to dedicate to the City of Anaheim Public Utilities (i) an easement for all large domestic above -ground water meters and Department fire hydrants, including a five 5 -foot wide easement around the fire Water En ineerin -10- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, 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. 34 The Owner/Developer shall submit a water system master plan, Public Utilities including a hydraulic distribution network analysis, for Public Utilities Department Water Engineering review and approval. The master plan shall Water Engineering demonstrate the adequacy of the proposed on -site water system to meet the ro'ect's water demands and fire protection requirements. 35 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate Department and 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 system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 36 Water improvement plans shall be submitted to the Water Engineering Public Utilities Division for approval and a performance bond in the amount approved Department by the City Engineer and form approved by City Attorney shall be Water Engineering posted with the City of Anaheim. 37 Individual water service and/or fire line connections will be required Public Utilities for each parcel or residential, commercial, industrial unit per Rule 18 of Department the City of Anaheim's Water Rates, Rules and Regulations. Water Engineering 38 Prior to issuance of Building permit, owner shall submit a final version Public Utilities of a sub -area water master plan (SAWMP) to determine if the proposed Department water system is adequate for the project. The SAWMP shall be signed Water Engineering and sealed by a Registered Civil Engineering in the State of California and must be reviewed and accepted by APU Water Engineering. The SAWMP shall include, but is not limited to, the following components: • Estimated domestic, irrigation, and fire water demands for all proposed, and/or ultimate build -out conditions including future onsite and offsite development areas to be served by the public transmission main in Santa Ana Canyon Road. - 11 - NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT • Hydraulic analyses validating the proposed public water distribution system is capable of handling the phased and ultimate domestic/fire/irrigation demands per Anaheim standards. All proposed public and private water distribution facilities (pipelines, services, booster stations, pressure relief stations, and/or water storage tanks) shall meet phased and ultimate demands. 39 A fire hydrant shall be located within 300 feet of the proposed building. Anaheim Fire Provide locations of existing fire hydrants and any new, proposed fire Department hydrants. Community Risk Reduction Division 40 Fire hydrants shall be provided as noted on the current fire access plan. Anaheim Fire Fire hydrants shall be installed when the fire access roads are being Department constructed. Community Risk RPdnrtinn T)ivicinn 41 Provide a complete Fire Protection Plan which was cited in your Anaheim Fire specific plan/safety element portion of your document. The Fire Department Protection Plan will provide a full narrative on how to minimize and Community Risk mitigate potential for loss from wildfire exposure (2019 CFC §4902.1) Reduction Division for a project within the VHFSZ. At this point we need to consolidate the information into one document and provide as much detail as possible regarding fire access, water supply, hazardous vegetation, and fuel management, etc. Defensible space requirements, CBC Chapter 7A requirements shall be included in the document. 42 A Water Analysis (to include fire flow requirements) shall be included Anaheim Fire in the Fire Protection Plan document. This water analysis shall include Department water supply for possible wildland firefighting operations. Community Risk Reduction Division 43 Bridge specifications shall be provided to show that they can support Anaheim Fire our 78,0001b fire apparatus. The rating of the bridge shall be in Department accordance with AASHTO HB-17. Community Risk Reduction Division 44 Planting plans shall comply with RFD's acceptable planting species Anaheim Fire guideline. AFD's standards shall be included with this case. Department Community Risk Reduction Division 45 Submit a written Solid Waste Management Plan (SWMP) to the Public Public Works Works Department Operations Division for review and approval prior Department to the issuance of any building permit. The SWMP should include, but Operations Division not limited to, the following: • Trash enclosure large enough to accommodate three (3) four cubic yard containers for trash, recycling, and organic/food waste. Demonstrate adequate on -site trash truck access route. -12- NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 46 All public improvements shall be constructed by the developer, Public Works inspected, and accepted by Construction Services prior to final building Development and zoning inspection. Services 47 All remaining fees/deposits required by Public Works department must Public Works be paid in full. Development Services 48 Record Drawings shall be submitted for review and approval to the Public Works Department of Public Works, Development Services Division. Development Services 49 Set all Monuments in accordance with the final map and submit all Public Works centerline ties to the Public Works Department. Any monuments Development damaged as a result of construction shall be reset to the satisfaction of Services the City Engineer. 50 That prior to final building and zoning inspection, fire lanes shall be Public Works posted with "No Parking Any Time." Said information shall be Traffic Engineering s ecificall shown on plans submitted for buildin ermits. 51 Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, Department behind property line and building setback in accordance with Public Water Engineering Utilities Department Water Engineering Division requirements. 52 Address numbers shall be positioned to be readily readable from the Police Department street. Number should be illuminated during hours of darkness. Planning & Research 53 Complete a Burglary/Robbery Alarm Permit application, Form APD Police Department 516, and return it to the Police Department prior to initial alarm Planning & Research activation. This form is available at the Police Department front counter. 54 Building shall be equipped with a comprehensive security alarm system Police Department (silent or audible) for the following coverage areas: Planning & Research a) Perimeter of building and access route protection. by High valued storage areas. 55 Rooftop address numbers shall be installed on the roof of the building Police Department for the police helicopter. Minimum size 4' in height and 2' in width. Planning & Research The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 56 Adequate lighting of parking lots, passageways (i.e. Sidewalks, roads, Police Department trails), recesses, and view point structure shall be provided with lighting Planning & Research of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the - 13 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site OPERATIONAL CONDITIONS 57 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, Department public utility easement or City easement area including but not limited Water Engineering 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 Ci easement deeds. 58 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be clearly Traffic Engineering labeled on buildings lilans. GENERAL CONDITIONS 59 A minimum of two connections to public water mains and water Public Utilities looping inside the project are required. Department Water Engineering 60 The following minimum horizontal clearances shall be maintained Public Utilities between proposed water main and other facilities: Department • 10-feet minimum separation (outside wall -to -outside wall) from Water Engineering sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including ' storm drains, gas, and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g., water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, streetlights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g., storm drain, gas, electric, etc.) or above ground facilities. -14- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 61 No public water main or public water facilities shall be installed in Public Utilities private alleys or paseo areas. Department Water Engineering 62 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Department Water Engineering 63 The property owner/developer shall be responsible for compliance planning and Building with, and any direct costs associated with the monitoring and reporting Department, of all mitigation measures set forth in Mitigation Monitoring Plan Planning Services (MMP) No. 389 adopted for the Proposed Project, established by the Division City of Anaheim as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures within the timeframes identified in the measure. MMP No. 389 is made part of these conditions of approval by reference. 64 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 in a timely manner if it is removed, Division damaged, diseased and/or dead. 65 The facility shall be constructed and operated in accordance with the planning and Building Letter of Request and Justification submitted as part of the application. Department, Any changes to the facility's operation shall be submitted by the Planning Services owner/developer/tenant/operator subject to review and approval by the Division Planning and Building Director to determine substantial conformance and to ensure compatibility with the surrounding, uses. 66 The property shall be developed substantially in accordance with plans, planning and Building specifications, and Letter of Request and Justification submitted to the Department, City of Anaheim by the applicant and which plans are on file with the Planning Services Planning Department and as conditioned herein. Division 67 The Owner/Developer is responsible for paying all charges related to planning and Building the processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 68 The Owner/Developer shall defend, indemnify, and hold harmless the planning and Building City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Planning Services and all claims, actions or proceedings brought against Indemnitees to Division -15- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. -16- 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. 2024-083 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 231 day of July, 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 24t' day of July, 2024. ACITY K OF THE CITY OF ANAHEIM (SEAL)