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RES-2024-119RESOLUTION NO. 2 0 2 4 -1 1 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19290 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00042) (275 AND 301 EAST SANTA ANA STREET) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for a Tentative Tract Map, for certain real property located at 275 and 301 East Santa Ana 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 Property is approximately 2.05-acres in area and was formerly used as a lumber yard and mill. The property is designated for Low Medium Density Residential land uses in the General Plan. The property is in the "I" Industrial Zone, the Residential Opportunity (RO) Overlay Zone, and the South Anaheim Boulevard Corridor (SABC) Overlay Zone and is subject to the development standards contained in Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and, WHEREAS, Tentative Tract Map No. 19290 is proposed in conjunction with a request to construct a new residential development consisting of 56 for -sale three-story condominium townhomes with 10 percent of the units for moderate -income buyers. To that end, the applicant has requested the following entitlements, which shall be referred to herein collectively as the "Proposed Project": 1. An amendment to the General Plan Land Use Element to change the land use designation of the Property from "Low Medium Density Residential" to "Medium Density Residential." 2. A tentative tract map to create a one -lot condominium map to construct 56 townhomes ("Tentative Tract Map No. 19290"). WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 23, 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 Mitigated Negative Declaration and Mitigation Monitoring Program No. 391 (MMP No. 391), 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, by adoption of its Resolution No. PC2024-025, and pursuant to the provisions of CEQA and the CEQA Guidelines, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the enviromnent with the implementation of the mitigation measures contained in MMP No. 391, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 391; 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 adopted Resolution No. PC2024-027 and recommended that the City Council approve Tentative Tract Map No. 19290, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference; 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 13th day of November, 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 Mitigated Negative Declaration and MMP No. 391, 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 November 13, 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 Mitigated Negative Declaration and MMP No. 391; and WHEREAS, the 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 pertaining to the request to approve Tentative Tract Map No. 19290, does find and determine the following facts: 1. The proposed map is consistent with the General Plan and applicable specific plan. The proposed subdivision of the property, including its design and improvements, is consistent with the General Plan, and more particularly with the Medium Density Residential land use designation. 2. The design or improvement of the proposed subdivision is consistent with the General Plan and applicable specific plan as amended, including its design and improvements, is consistent with the General Plan and the implementing RM-4 Zone and other Code development standards, except for a waiver for reduced setbacks that would occur along the project street frontages as allowed by State Density Bonus Law. 3. The site is physically suitable for the type of development. The site is physically suitable for the proposed single-family attached residential land use because the proposed project is consistent with the proposed Medium Density Residential General Plan land use designation and implementing RM-4 Zone and other Code development standards, except for a waiver for reduced setbacks that would occur along the project street frontages as allowed by State Density Bonus Law. 4. The site is physically suitable for the proposed density of development. The subject property is physically suitable to accommodate the Medium Density land use designation of up to 36 dwelling units per acre and the proposed development of the proposed single-family attached residential project at a density of 27.6 dwelling units per acre because the subject property is a flat urban infill site that has no physical constraints, is adequately served by public utilities, has adequate access to public streets and alleys. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and proposed improvements, as shown on proposed Tentative Tract Map No. 19290, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified and because the Initial Study/Mitigated Negative Declaration determined that there will be no significant impacts to the environment as a result of the Proposed Project. 6. The design of the subdivision or type of improvements are not likely to cause serious public health problems. The subdivision and any future proposed improvements would be designed to meet all applicable State and City codes, standards, policies, and rules intended to protect public health. 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The design of the subdivision, as shown on proposed Tentative Tract Map No. 19290 and any future proposed improvements would provide all applicable easements for access through or use of, property within the proposed subdivision and would not conflict with any existing or future easements. WHEREAS, by Resolution No. 2024-117, 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 Initial Study/Mitigated Negative Declaration that was prepared for the Proposed Project in compliance with the requirements of CEQA, and the State CEQA Guidelines; (ii) Mitigation Monitoring Program No. 391 (MMP No. 391), is the appropriate environmental documentation for the Proposed Project; and (iii) no further documentation needs to be prepared for CEQA for this resolution; 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 pursuant to the findings approved and adopted by the Planning Commission in its Resolution No. PC2024-027 on September 23, 2024, aforesaid findings and determinations, and based upon a thorough review of the Proposed Project, this City Council does approve Tentative Tract Map No. 19290, contingent upon the approval of the General Plan Amendment requested as part of the Proposed Project and subject to the conditions of approval described in Exhibit B inclusive of MMP No. 391 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 17.08.110 of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building 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 17.08.110 (Expiration of Tentative Map Approval), 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 is approved and adopted by the City Council of the City of Anaheim this 13 day of November , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, hubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF A CITY MERK OF THE CITY OF ANAHEIM OF ANAHEIM EXHIBIT "A" DEV NO.2023-00042 APN: wpy 0 037-024-11 BRpA� v+ 037-111-29 037-111-30 u, o s s � r O = Z 7 y � 330- w. 1 v' 329- �E SpN�p- pN p}5-t� E EL�Sw OR�� pV � �k 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" TENTATIVE TRACT MAP NO. 19290 (DEV2023-00042) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF THE FINAL MAP 1 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim, Public Works for road, public utilities and other public purposes, the right-of-way easements as Department, described below: Development Services a. Corner cut-off at Santa Ana St and Claudina St — Northeast Division b. Corner cut-off at Santa Ana St and Philadelphia St — Northeast c. Corner cut-off at Santa Ana St and Philadelphia St — Northwest d. Corner cut-off at Santa Ana St and S Olive St — Northwest e. A 5-ft wide dedication to the back of the existing sidewalk along Santa Ana St from Claudine St to Philadelphia St f. Varies from 0-ft to 3.5-ft wide dedication to the back of the existing sidewalk along Santa Ana St from Philadelphia St to Olive St 2 Any vacation or abandonment shall be recorded prior to the Final Map recordation. Public Works Department, Development Services Division 3 Prior to the Final Map recordation, the project boundary lines shall be verified and Public Works approved by the City Surveyor. Department, Development Services Division 4 All existing structures in conflict with the future property lines shall be demolished. Public Works The developer shall obtain a demolition permit from the Building Division prior to Department, any demolition work. Development Services Division 5 The vehicular access rights to Santa Ana St, Claudina St, Philadelphia St, Olive St Public Works and Alleyway shall be restricted and relinquished to the City of Anaheim. Department, Development Services Division 6 The developer shall pay all applicable development impact fees required under the Public Works Anaheim Municipal Code. Department, Development Services Division 7 The developer shall submit improvement plans, for the construction of required Public Works public improvements, to the Public Works Department for review, approval, and Department, to determine the bond amounts. Development Services Division 8 The final map shall be submitted to the City of Anaheim, Public Works Department Public Works and to the Orange County Surveyor for technical correctness review and approval. Department, Development Services Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 9 The developer shall execute a maintenance covenant with the City of Anaheim in Public Works a form that is approved by the City Engineer and the City Attorney for the private Department, improvements including but not limited to private utilities, drainage devices, Development Services parkway and slope landscaping and irrigation, private street lights, etc., in addition Division to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded concurrently with the Final Map. 10 The developer shall execute a Subdivision Agreement and submit security in an Public Works amount acceptable to the City Engineer to guarantee construction of the public Department, improvements required herein. Security deposit shall be in accordance with City Development Services of Anaheim Municipal Code. The agreement shall be recorded concurrently with Division the Final Map. 11 Provide a monumentation bond in an amount specified in writing by a Licensed Public Works Land Surveyor of Record. Department, Development Services Division 12 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works Department, Development Services Division PRIOR TO ISSUANCE OF A GRADING PERMIT 13 Prepare and submit a final grading plan showing building footprints, pad Public Works elevations, finished grades, drainage routes, retaining walls, erosion control, Department, slope easements and other pertinent information in accordance with Anaheim Development Services Municipal Code and the California Building Code, latest edition. Division 14 Prepare and submit a final drainage study, including supporting hydraulic and Public Works hydrological data to the City of Anaheim for review and approval. The study Department, shall confirm or recommend changes to the City's adopted Master Drainage Plan Development Services by identifying off -site and on -site storm water runoff impacts resulting from Division 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. 15 The Owner shall obtain the required coverage under California's General Permit Public Works for Stormwater Discharges associated with Construction Activity by providing a Department, copy of the Notice of Intent (NOI) submitted to the State Water Resources Development Services Control Board and a copy of the subsequent notification of the issuance of a Division Waste Discharge Identification (WDID) number. 16 Prepare and submit a final Water Quality Management Plan (WQMP) to the Public Works Public Works Department for review and approval. The WQMP shall be Department, consistent with the requirements of Section 7 and Exhibit 7.II of the Orange Development Services County Drainage Area Management Plan (DAMP) for New Development/ Division Significant Redevelopment projects; identify potential sources of pollutants during the long-term on -going maintenance and use of the proposed project that NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. The following conditions are to be complied with in the final WQMP: a. Additional infiltration testing may be required for the Final WQMP to evaluate the infiltration rates at the actual location and depth of the proposed devices. b. The HOA information (name, address, and phone number) will be required in the O&M Section of the Final WQMP. 17 Submit a Geotechnical Report to the Public Works Department for review and Public Works approval. The report shall address any proposed infiltration features of the Department, WQMP. Development Services Division 18 All required plans and studies shall be prepared by a Registered Professional Public Works Engineer. Department, Development Services Division 19 The Owner/Developer shall submit a set of improvement plans for Public Public Utilities Water Utilities Water Engineering review and approval in determining the conditions Engineering necessary for providing water service to the project. 20 MM CUL-1 The project applicant/lead agency shall retain an Archaeologist who meets the Secretary of the Interior's Professional Qualification Standards for Planning and Building Archaeology. The project Archaeologist shall conduct a Worker Environmental Department, Awareness Program (WEAP) training for archaeological resources to be given Planning Division to all construction personnel directly involved with project -related ground disturbance. The training should 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 to be followed in the event such resources are encountered. Additionally, a copy of sign -in sheets for the WEAP training shall be provided by the construction manager or project proponent to the City of Anaheim Planning staff prior to issuance of grading permits. In the event exposed soil indicates cultural materials may be present, this may 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 within a 100-foot radius of the find and a qualified Archaeologist shall be consulted to determine whether the resource requires further study. The qualified NO. ' CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Archaeologist shall make 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 California Environmental Quality Act (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 should 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 could 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 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. 21 MM TCR-1 Retain a Native American Monitor Prior to Commencement of Ground -disturbing Activities Planning and Building a. The project applicant/lead agency shall retain a Native American Department, Monitor from the consulting Tribe(s). The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject Planning Division project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground -disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. b. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground - disturbing activity. c. The monitor shall complete daily monitoring logs that shall provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs shall identify and describe any discovered Tribal Cultural Resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, Tribal Cultural Resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT goods. Copies of monitor logs shall be provided to the project applicant/lead agency upon written request to the Tribe. d. On -site Tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs. e. The Owncr/Devcloper shall provide the following note on all grading plans: • This project requires the applicant to contract with a Native American Monitor to be available to evaluate any Tribal and cultural resources unearthed during excavation and grading activities. Contractor shall maintain direct contact information for City -approved Monitor and make available to Public Works Inspector at pre -construction meeting. • Contractor will be responsible to copy Public Works Inspector on correspondence to third -party monitor to schedule monitoring. • In the event that Tribal and cultural resources are inadvertently unearthed during excavation and grading activities, the Contractor shall immediately cease all earth -disturbing activities within a 100-foot radius of the area of discovery until such time that avoidance or salvage operations are concluded under the direction of the Paleontologist. • A final summary prepared by the monitor that identifies any materials found and noting that monitoring activities have been concluded must be provided to the Public Works Inspector, prior to pad certification/building permit issuance when no pad certification). 22 MM GEO-1 Prior to the issuance of a grading permit, the Owner/Developer shall implement the recommendations provided in Section 3, Conclusion and Public Works Preliminary Recommendations, in the Geotechnical Due Diligence Review Department, prepared by SA Geotechnical Inc. (SA GEO). These include general earthwork 1 Development Services requirements for site preparation, soil removal, fill material, grading, foundation, Division design, and all relevant construction permits, as well as requirements related to And structural design and pavement design. The Geotechnical Feasibility Report, included in Appendix D, is incorporated herein by reference as fully set forth in Planning and Building this mitigation measure. Department, Planning Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF ANY BUILDING PERMITS Record Final Map pursuant to the Subdivision Map Act and in accordance with 23 City Code. Provide a duplicate photo Mylar of the recorded map to the City Public Works Engineer's office. Department, Development Services Division 24 The property owner shall irrevocably offer to dedicate to the City of Anaheim the following easements: Public Works a. Corner cut-off at Santa Ana St and Claudina St — Northeast Department, b. Corner cut-off at Santa Ana St and Philadelphia St — Northwest Development Services c. Corner cut-off at Santa Ana St and Philadelphia St — Northeast Division d. Corner cut-off at Santa Ana St and S Olive St - Northwest e. A 5-ft wide dedication at the back of the existing sidewalk along Santa Ana St from Claudina St to Philadelphia St, as shown on the Tentative Tract Map 19290 f. Varies from 0-ft to 3.5-ft wide dedication at the back of the existing sidewalk along Santa Ana St from Philadelphia St to Olive St, as shown on the Tentative Tract Map 19290 25 Any vacation or abandonment shall be recorded prior to the Final Map recordation. Public Works Department, Development Services Division 26 Provide a certificate, from the project's Registered Civil Engineer, certifying that the building pad has been completed in accordance with the City approved Public Works grading plan. Department, Development Services Division 27 Submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction Public Works report needs to include a site plan showing the compaction testing locations. Department, Development Services Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 The developer shall submit street improvement, landscape and irrigation plans for the required off-site/public improvements to the Public Works Department. Public Works The developer shall submit a cost estimate and post a security (Performance and Department, Labor & Materials Bonds) in an amount approved by the City Engineer and in a Development Services form approved by the City Attorney for the construction of all required public Division improvements within the City street right of way. The following improvements shall conform to the applicable City Standards and as approved by the City Engineer: a. On Claudina St, the developer shall construct all improvements along the project's frontage including a 4' sidewalk at ultimate right of way and a 5' landscaped public parkway and trees, curb adjacent, or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. b. On Philadelphia St (West), the developer shall construct all improvements along the project's frontage including a 4' sidewalk at ultimate right of way and a 5' landscaped public parkway and trees, curb adjacent, or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. c. On Philadelphia St (East), the developer shall construct all improvements along the project's frontage including a 4' sidewalk at ultimate right of way and a 5' landscaped public parkway and trees, curb adjacent, or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. d. On Olive St, the developer shall construct all improvements along the project's frontage including a 4' sidewalk at ultimate right of way and a 5' landscaped public parkway and trees, curb adjacent, or as approved by the City Engineer. The proposed irrigation line and meter shall be connected to the private main. 29 A Right of Way Construction Permit shall be obtained from the Public Works Department for all work performed in the public right of way. Public Works Department, Development Services Division 30 All Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of Public Works California Model Water Efficient Landscape Ordinance (AV 1881). Department, Development Services Division 31 A private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Public Utilities Water Engineering Division of the Anaheim Public Utilities Department. Engineering 32 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-537.5) as amended by Senate Bill 7, water sub metering shall be furnished and installed Public Utilities Water by the Owner/Developer and a water submeter shall be installed to each Engineering individual unit. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 33 All backflow equipment shall be located above ground shall be located a minimum of five (5) feet from the property line in a manner fully screened from Public Utilities Water all public streets and alleys. Any backflow assemblies currently installed in a Engineering vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division shall be located a minimum of five (5) feet from the property line 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. 34 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, Public Utilities Water backflow equipment, and fire lines, shall be coordinated and permitted through Engineering Water Engineering Division of the Anaheim Public Utilities Department. 35 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does Public Utilities Water not meet current standards shall be upgraded if continued use is necessary or Engineering abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 36 The Owner/Developer shall submit to the Public Utilities Department Water Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum Engineering day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 37 Individual water service and/or fire line connections will be required for each Public Utilities Water parcel or residential, commercial, industrial unit per Rule 18 of the City of Engineering Anaheim's Water Rates, Rules, and Regulations. 38 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Fire Department Community Risk Reduction Division 39 All drivable surfaces - Permanent, temporary, and phased emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. Fire Department and surfaced to provide all-weather driving capabilities Community Risk Reduction Division 40 An adequate water supply capable of providing minimum fire flow requirements for fire hydrants and a fire sprinkler system shall be available. Fire Department Community Risk Reduction Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 Emergency Responder Radio Communication system (ERRCS) analysis for possible required shall be performed for this project. Please contact Fire Department smaddy(kc anaheim.net for further information regarding this analysis prior to building permit issuance. Community Risk Reduction Division 42 Provide locations for all existing and proposed fire hydrants. A fire hydrant shall be located within 300 feet of all portions of the building. Provide locations of all Fire Department existing fire hydrants and provide measurements to the building. If there are no existing fire hydrants that meet the 300-foot measurement; a new fire hydrant(s) Community Risk shall be required. Provide proposed locations (if needed). Note: we do not include Reduction Division existing fire hydrant(s) measurements across major streets in Anaheim to meet the 300-foot requirement. A proposed fire hydrant will be located off Olive Street. I would ask if we can have the fire hydrant located on the corner of Olive Street/ Santa Ana Street. 43 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building Public Works plans. Department, Traffic Engineering Division 44 Vehicle gates shall not be installed across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Public Works Engineering Standard Detail 475 pertaining to gate set back distance, turnaround Department, Traffic area, guest phone, separate lane for guest access, and minimum width for Engineering Division 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. 45 The applicant shall submit draft Covenants, Conditions, and Restrictions (CC&Rs) that are prepared by an authorized professional for review and approval Public Works by the City Engineer, Planning and Building Director, and City Attorney, which Department, Traffic will generally provide for the following: Engineering Division a. A requirement that residents shall use designated parking areas, including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning and Building 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. e. A requirement that 20 guest parking spaces shall be maintained on -site at all times and that residents shall not be permitted to park in the designated guest parking spaces. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 46 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for Public Works maintenance of the entire access road and of private facilities such as private Department, Traffic sewer, private drives, private storm drain improvements, private street signs and Engineering Division approved access gates; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, sewer, parkway landscaping and irrigation, and the access road, including private street signs and access gates. The covenant shall be recorded concurrently with the final map. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 47 All public improvements shall be constructed by the developer, inspected, and accepted by Construction Services prior to final building and zoning inspection. Public Works Department, Development Services Division 48 All remaining fees/deposits required by the Public Works Department must be paid in full. Public Works Department, Development Services Division 49 Set all Monuments in accordance with the final map and submit all centerline ties to the Public Works Department. Any monuments damaged as a result of Public Works construction shall be reset to the satisfaction of the City Engineer. Department, Development Services Division 50 Record Drawing Plans and Final Geotechnical Report, certifying that the finished grading has been completed in accordance with the city approved Public Works grading plan, shall be submitted for review and approval to the City of Anaheim Department, Public Works Department, Development Services Division 51 Owner/Developer shall install an approved backflow prevention assembly on the Public Utilities Water water service connection(s) serving the property, behind property line and Engineering building setback in accordance with Public Utilities Department Water Engineering Division requirements. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT ON -GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 52 MM CUL-2 Accidental Discovery of Human Remains. In the event of the accidental discovery or recognition of any human remains, California Planning and Building Environmental Quality Act (CEQA) Guidelines Section 15064.5; Health and Department, Safety Code Section 7050.5; Public Resources Code Section 5097.94 and Planning Division Section 5097.98 must be followed. If during the course of project development there is accidental discovery or recognition of any human remains, the following steps shall be taken: 1. There shall be no further excavation or disturbance within 100 feet of the remains until the County Coroner is contacted to determine whether the remains are Native American and if an investigation of the cause of death is required. If the Coroner determines the remains to be Native American, the Coroner shall contact the Native American Heritage Commission (NAHC) within 24 hours, and the NAHC shall identify the person or persons it believes to be the Most Likely Descendant (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work within 48 hours, for appropriate treatment and disposition of, with appropriate dignity, the human remains, and any associated grave goods as provided in Public Resources Code Section 5097.98. 2. Where the following conditions occur, the landowner or his or her authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity either in accordance with the recommendations of the MLD or on the project site in a location not subject to further subsurface disturbance: • The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being notified by the commission. • The descendant identified fails to make a recommendation. • The landowner or his authorized representative rejects the recommendation of the descendant, and mediation by the NAHC fails to provide measures acceptable to the landowner. Additionally, California Public Resources Code Section 15064.5 requires the following relative to Native American Remains: When an initial study identifies the existence of, or the probable likelihood of, Native American Remains within a project site, a lead agency shall work with the appropriate Native Americans as identified by the NAHC as provided in Public Resources Code Section 5097.98. The applicant may develop a plan for treating or disposing of, with appropriate dignity, the human remains, and any items associated with Native American Burials with the appropriate Native Americans as identified bN the NAHC. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 53 MM TCR-2 Unanticipated Discovery of Tribal Cultural Resource Objects Planning and Building (Non-Funerary/Non-Ceremonial) Department, a. Upon discovery of any Tribal Cultural Resources (TCRs), all Planning Division construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh Tribal Monitor and/or Kizh Archaeologist. The Kizh shall recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. 54 MM TCR-3 Unanticipated Discovery of Human Remains and Associated Planning and Building Funerary or Ceremonial Objects Department, Planning Division a. Native American human remains are defined in Public Resources Code 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. b. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. c. Human remains and grave/burial goods shall be treated alike per California Public Resources Code Section 5097.98(d)(1) and (2). d. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human and/or burial remains. c. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. 55 MM GEO-2 In the event that fossils or fossil -bearing deposits are discovered Planning and Building during construction, excavations within 50 feet of the find shall be temporarily Department, halted or diverted. The contractor shall notify a qualified Paleontologist (meeting Planning Division the standards of the Society of Vertebrate Paleontology [SVP]) to examine the discovery. The qualified Paleontologist shall document the discovery as needed in accordance with SVP standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. Based on the significance of the find, the qualified Paleontologist shall determine procedures to be followed before construction is allowed to resume at the location of the find. If in consultation with the qualified Paleontologist, it is determined that avoidance is not feasible, the qualified Paleontologist shall prepare Paleontological Resources Impact Mitigation Program (PRIMP) to outline salvage and recovery procedures. If deemed necessary by the qualified Paleontologist, the PRIMP will include construction monitoring requirements as well. The PRIMP shall be submitted to the City for review and approval and the approved plan shall be implemented. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 56 The Owner shall be responsible for restoring any special surface improvements, Public Utilities Water other than asphalt paving, within any right-of-way, public utility easement or Engineering 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 GENERAL 57 A minimum of two connections to public water mains and water looping inside Public Utilities Water the project are required. Engineering 58 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering 59 All fire services 2-inch and smaller shall be metered with a UL listed meter, Public Utilities Water Hersey Residential Fire Meter with Translator Register, no equals. Engineering 60 The following minimum horizontal clearances shall be maintained between Public Utilities Water proposed water main and other facilities: Engineering • 10-feet minimum separation (outside wall -to -outside wall) from 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, street lights, and trees. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. -ANDIOR- The following additional minimum clearances shall be maintained between existing and proposed public water main and other facilities: 10-feet minimum horizontal separation (outside wall -to -outside wall) from sanitary sewer mains and laterals. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 6-feet minimum separation from curb face • 12-inch minimum vertical separation from other utilities. 61 The applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to individually Department, and collectively as "Indemnities") from any and all claims, actions or Planning Services proceedings brought against Indemnities to attack, review, set aside, void, or Division annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 62 Conditions of approval related to each of the timing milestones above shall be Planning and Building prominently displayed on plans submitted for permits. For example, conditions Department, of approval that are required to be complied with prior to the issuance of building Planning Services permits shall be provided on plans submitted for building plan check. This Division 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. 63 The applicant is responsible for paying all charges related to the processing of Planning and Building this discretionary case application within 30 days of the issuance of the final Department, invoice or prior to the issuance of building permits for this project, whichever Planning Services occurs first. Failure to pay all charges shall result in delays in the issuance of Division required permits or may result in the revocation of the approval of this application. 64 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and Building "Landscape and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner in Planning Services the event that it is removed, damaged, diseased and/or dead. Division 65 The subject Property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and which Department, Tans are on file with the Planning De artment, and as conditioned herein. Planning Services NO. 1 CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 2024-119 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of November. 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 18th day of November. 2024. 5 Cl RK OF THE CITY OF ANAHEIM (SEAL)