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Resolution-PC2026-009RESOLUTION NO. PC2026-009 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A FINAL PLAN TO PERMIT A 50-UNIT CONDOMINIUM RESIDENTIAL DEVELOPMENT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00012) (3036 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a final plan for a 50-unit for -sale condominium development which is inclusive of five affordable units for low-income households (the "Proposed Project") on certain real property located at 3036 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the 'Property"); and WHEREAS, the Property is approximately 0.67 acres in area and was formerly developed with a motel which was demolished in 2002 and has since been vacant. The Property is designated Mixed -Use High land uses in the General Plan. The Property is in the Mixed -Use High (MU-H) Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) and is subject to the zoning and development standards contained in Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the final plan is proposed in conjunction with a request for a tentative tract map to permit a one -lot subdivision for condominium purposes. The final plan and Tentative Tract Map No. 19393, shall be referred to herein collectively as the 'Proposed Project"; and WHEREAS, Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 Zoning and Development Standards) prescribes the methods and procedures for implementation of the SP 2017-1, which for the Proposed Project requires the processing and approval of a final plan in accordance with Chapter 18.70 (Final Plan Reviews) of Title 18 (Zoning) of the Code; and WHEREAS, Section 18.60.080 (Planning Director Reviews) of Chapter 18.60 (Procedures) of the Code provides that, when an application is made in conjunction with, and as part of, a project that requires Planning Commission action, the application shall be made to the Planning Commission in accordance with Chapter 18.60, and because the Proposed Project includes a tentative tract map that requires Planning Commission action, the final plan is being processed concurrently before the Planning Commission as the granting authority; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), 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 Civic Center in the City of Anaheim on April 6, 2026 at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15315 — Minor Land Divisions. The Proposed Project is a request to subdivide the property into a one -lot map for condominium purposes, and the subject site is located in an urbanized area within the Mixed -Use High development area of the SP 2017-01 and is designated for Mixed -Use High land uses in the General Plan which permits residential uses. The proposed subdivision would be in conformance with the General Plan and applicable development standards, with the exception as those that are granted under State Density Bonus law. All services and access to the property would be provided in accordance with local standards, the property was not involved in the division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent and the project would therefore be consistent with this type of exemption. Additionally, the Proposed Project is exempt from the requirement to prepare additional environmental documentation per CEQA Guidelines, Section 15182(c) —Residential Projects Implementing a Specific Plan. In 2018, the City Council certified Environmental Impact Report (EIR) No. 350, prepared for the Beach Boulevard Specific Plan No. 2017-1 ("SP 2017-1 ") which adequately analyzed future residential developments project pursuant to CEQA Guidelines. The Proposed Project implements SP 2017-1 and the Mixed -Use High Development Area development standards set forth therein for a permitted density and land use. Applicable mitigation measures from EIR No. 350 have been included as conditions of approval. Further, no revisions to certified EIR No. 350 are required by the Proposed Project or a result of changed circumstances due to the involvement of new significant effects or substantial increase in the severity of previously identified significant effects; and, there is no new information that shows the Proposed Project will have significant effects not discussed in EIR No. 350 or that these significant effects will be substantially more sever; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to approve the final plan, does find and determine the following facts: 1. The design and layout of the proposed development are consistent with the General Plan, any applicable specific plan, the development standards of the applicable zoning district, and any special area guidelines or policies as the proposed multiple -family development is a permitted use within the SP 2017-01 and is consistent with the applicable General Plan land use designation. The Proposed Project conforms to the development standards of the Mixed -Use High designation, except where modifications are authorized through State Density Bonus Law. The intent of the - 2 - PC2026-009 Mixed -Use High development area is to allow a mix of uses, including residential, commercial, services, hospitality, and professional office use, in a high -quality environment. Uses and activities should be designed together to create a dynamic urban environment. Typical residential uses include stacked flats, live -work units, townhouses, and lofts. The Proposed Project incorporates requested Incentives and Waivers that are consistent with State law that allow for the development of a 50-unit residential project, including five units reserved for low-income households. Based on the project setting within the Mixed -Use High development area, reduced setbacks would reinforce the urban -style streetscape without negatively impacting the neighborhood. The site design, building configuration, and overall layout are consistent with the applicable standards as otherwise modified by applicable State Density Bonus Law, and implement the intended residential density and development pattern envisioned for the site. 2. The design and layout of the proposed development will not create traffic or pedestrian hazards. As described in the Proposed Project narrative, the Proposed Project provides vehicular access from Lincoln Avenue, with a turnaround area incorporated at the Proposed Project entry to allow vehicles to maneuver on -site and exit without queuing onto the public street in the event of a gate malfunction or other obstruction. This design feature would provide on -site circulation by allowing vehicles to turn around on -site and reducing the potential for congestion along Lincoln Avenue. The front setback improvements would maintain the required visibility triangle free of obstructions to ensure clear sightlines between drivers and pedestrians. The Proposed Project would provide covered pedestrian walkways connecting common open space and amenity areas throughout the site. Collectively, the site design, internal circulation, and frontage improvements promote safe and efficient vehicular and pedestrian movements. 3. The design of the proposed development is consistent with applicable objective design standards and will provide a desirable environment for its occupants, visiting public, its neighbors, and be appropriately maintained. The Proposed Project complies with the applicable objective design and development standards of SP 2017-01, including requirements related to building height, setbacks, open space, landscaping, and architectural design, with permitted modifications pursuant to State Density Bonus Law through approved Incentives and Waivers. The development would feature a modern architectural design with articulated facades, varied materials, and architectural detailing that provide visual interest and reduce perceived massing. The site is designed to accommodate the proposed residential density as allowed by State Density Bonus Law, while maintaining functionality, efficient circulation, and livability. Common and private open space areas, including a roof terrace with seating, landscaping, and recreational amenities, provide meaningful opportunities for resident use and contribute to a high -quality living environment. A homeowner's association would be established to manage and maintain all common areas and the overall residential community. 4. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity because the use is permitted within the Mixed -Use High development area, the site is designed with on -site parking, internal circulation, emergency access, and required life safety improvements, and the - 3 - PC2026-009 Proposed Project has been reviewed for compliance with applicable development standards, as modified by State Density Bonus Law. The Proposed Project would not introduce hazardous conditions or safety concerns, as it consists of a residential use that would be compatible with the surrounding area and permitted within the applicable development area. Furthermore, the site is surrounded by commercial uses and is located within an area planned for mixed -use development. The proposed residential use would support the long-term vision of horizontal mixed -use development, where nearby commercial uses may serve future residents. Given the Proposed Project's setting within the mixed -use high development area, reduced setbacks would reinforce the urban streetscape style without negatively impacting the neighborhood; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report, and all materials in the Proposed Project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the final plan, contingent upon approval of Tentative Tract Map No. 19393 and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the final plan is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 (Extension of Time to Comply With Conditions of Approval) 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 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 Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable - 4 - PC2026-009 City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation, or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 6, 2026. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERKON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2026-009 EXHIBIT "A" DEV NO.2023-00012 PC2026-009 EXHIBIT "B" FINAL PLAN (DEV2023-00012) Mitigation Monitoring Plan No. 342 (Beach Boulevard Specific Plan EIR No. 350) Applicable mitigation measures from Mitigation Monitoring Plan No. 342 are included as conditions of approval [MM]. Mitigation Monitoring Plan No. 394 (General Plan Focused Update Program EIR No. 356) Master Standard Conditions of Approval applicable to all discretionary development projects are included as [SC]. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT ON -GOING THROUGHOUT THE OPERATION OF THE PROJECT 1 The gate located at the southern edge of the property adjacent to Public Works, the alley shall be restricted for emergency vehicle and trash Traffic Engineering collection access only. This gate shall not provide any direct residential ingress oregress access 2 Association and/or Owner shall maintain the screening for all Planning and Building ground -mounted equipment in the front yard to the maximum Department, extent possible throughout the operation of the project. Planning Services Division PRIOR TO ISSUANCE OF GRADING PERMIT 3 Prepare and submit a final grading plan showing building Public Works, footprints, pad elevations, finished grades, drainage routes, Development Services retaining walls, erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 4 Prepare and submit a final drainage study, including supporting Public Works, hydraulic and hydrological data to the City of Anaheim for Development Services review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off -site and on -site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 5 The developer shall execute a Save Harmless Agreement with Public Works, the City of Anaheim for any storm drain connections to a City Development Services storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of any permits. - 7 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer. Development Services 7 Submit Water Quality Management Plan (WQMP) to the City Public Works, for review and approval. The WQMP shall be consistent with the Development Services requirements of Section 7 and Exhibit 7.II of the Orange County 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 the Final WQMP Report and a plan checking deposit to the Public Works, Development Services for consideration and approval. 8 Submit a Preliminary Geotechnical Report to the Public Works, Public Works, Development Services Division for review and approval. The Development Services report shall address any proposed infiltration features of the WQMP. 9 Prior to issuance of grading, demolition or building permits, Planning and Building whichever occurs first, the property owner/developer shall Department, provide a list of all construction equipment proposed to be used Building Division on the project site for projects that are subject to the California Environmental Quality Act (i.e., non-exempt projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment. [MM AQ-21 10 Prior to issuance of grading, demolition or building permits, Planning and Building whichever occurs first, for projects subject to the California Department, Environmental Quality Act (i.e., non-exempt projects), the Building Division property owner/developer shall submit a dust control plan that implements the following measures during ground -disturbing activities, in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403, to further reduce PM10 and PM2.5 emissions: a) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. b) During all construction activities, the construction contractor shall sweep streets with Rule I I86—com liant, - 8 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PM10-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. c) During all construction activities, the construction contractor shall maintain a minimum 24-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. d) During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day. e) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The City shall verify compliance during normal construction site inspections. [MM AQ-81 11 Prior to the issuance of any permits allowing ground -disturbing Public Works Department, activities that cause excavation to depths greater than current Planning and Building foundations, the project applicant/developer shall retain an Department, Planning archeologist who meets the Secretary of the Interior's Standards Services for professional archaeology for the project and will be on call during all grading and other significant ground -disturbing activities. The Qualified Archaeologist shall ensure that the following measures are followed for the project. • Prior to any ground disturbance, the Qualified Archaeologist, or their designee, shall provide a worker environmental awareness protection (WEAP) training to construction personnel regarding regulatory requirements for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. The WEAP training can be in the form of a video or PowerPoint presentation. Printed literature (handouts) can accompany the training and can also be given to new workers and contractors to avoid the necessity of continuous training over the course of the project. • In the event that unanticipated cultural material is encountered during any phase of project construction, all - 9 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT construction work within 50 feet (15 meters) of the find shall cease and the Qualified Archaeologist shall assess the find for importance. Construction activities may continue in other areas. If, through consultation with the appropriate City, the discovery is determined not to be important, work will be permitted to continue in the area. • If a resource is determined by the Qualified Archaeologist to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or has a "unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the Qualified Archaeologist shall coordinate with the applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources, and construction allowed to proceed. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code 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 may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes, as determined as appropriate by the City of Anaheim. IMM CUL-31 12 Prior to the beginning of ground disturbances, the project Public Works Department, applicant/developer shall provide a study to document the Planning and Building presence/absence of paleontological resources. On properties Department, Planning where resources are identified, the City shall require the project Services applicant/developer to retain a qualified paleontologist to monitor ground disturbing activities that occur in deposits that could potentially contain paleontological resources (e.g., older Quaternary Alluvium and terrace deposits and other older sedimentary deposits). Before ground -disturbing activities begin, a qualified paleontologist shall prepare a monitoring plan specifying the frequency, duration, and methods of monitoring. - 10 - PC2026-009 RESPONSIBLE NO. +CONDITIONS OF APPROVAL DEPARTMENT Sediment samples shall be collected in the deposits and processed to determine the small -fossil potential in the project site, and any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution. [MM PAL-11 13 Prior to the issuance of grading permits for individual Planning and Building development projects that would be accommodated by the Department, Planning Proposed Project, the project applicant/developer shall submit a Services Division, Phase I Environmental Site Assessment (ESA) to the City of Building Division Anaheim to identify environmental conditions of the development site and determine whether contamination is present. The Phase I ESA shall be prepared by a Registered Professional Engineer and in accordance with the American Society for Testing and Materials (ASTM) Standard E 1527.05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. If recognized environmental conditions related to soils are identified in the Phase I ESA, the project applicant shall perform soil sampling as a part of a Phase 11 ESA. If contamination is found at significant levels, the project applicant shall remediate all contaminated soils in accordance with state and local agency requirements (California Department of Toxic Substances Control, Regional Water Quality Control Board, Anaheim Fire & Rescue, etc.). All contaminated soils and/or material encountered shall be disposed of at a regulated site and in accordance with applicable laws and regulations prior to the completion of grading. Prior to the issuance of building permits, a report documenting the completion, results, and any follow-up remediation on the recommendations, if any, shall be provided to the City of Anaheim evidencing that all site remediation activities have been completed. [MM HAZ-21 14 Prior to issuance of demolition, grading and/or building permits, Planning and Building a note shall be provided on plans for grading, demolition, and Department, Planning construction activities, indicating that the property Services Division, owner/developer shall be responsible for requiring contractors to Building Division implement the following measures to limit construction -related noise: • Construction activity is limited to the daytime hours between 7:00 a.m. to 7:00 p.m., as prescribed in the City's Municipal Code (Additional work hours may be permitted if deemed necessary by the Director of Public Works or Building Official). - 11 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling is located as far as feasible from nearby noise -sensitive receptors Construction traffic shall be limited to the established haul routes. [MM N-11 15 Prior to the issuance of grading permits, each project applicant Public Works Department, within the project area shall prepare a construction management Traffic Engineering plan that shall be approved by the City of Anaheim Public Works. The construction management plan shall: • Establish truck haul routes on the appropriate transportation facilities. Truck routes that avoid congested streets and sensitive land uses shall be considered. • Provide Traffic Control Plans (for detours and temporary road closures) that meet the minimum City criteria. Traffic control plans shall determine if dedicated turn lanes for movement of construction trucks and equipment on- and off -site are available. • Minimize off -site road closures during the peak hours. • Keep all construction -related traffic onsite at all times. Provide temporary traffic controls, such as a flag person, during all phases of construction to maintain smooth traffic flow. [MM N-21 16 Prior to issuance of demolition, grading, or building permits, Public Works Department, whichever occurs first, the developer/applicant shall pay sewer Planning and Building impact fees per the updated the Combined West Anaheim Area Department, Planning Master Plan of Sanitary Sewers described in Mitigation Measure Services Division USS-l. [MM USS-21 17 Prior to issuance of demolition, grading, building or water Public Works Department, permits, whichever occurs first, the property owner/developer Planning and Building shall submit plans to the Public Utilities Department for review. Department, City The Public Utilities Department shall review the location of each Attorney's Office project to determine if it is an area served by potentially deficient water facilities, as identified in the latest updated water study for the BBSP. In such a case, the property owner/developer shall perform a hydraulic analysis for the existing and proposed public water improvements to determine if the project domestic or fire flow demands will increase flows beyond those programmed in - 12 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT the appropriate water master plan study for the area or if the project will create a deficiency in existing water mains. The hydraulic water analysis for the existing and proposed public water improvements shall incorporate the anticipated flow, pressure, and any other information specific for the project to determine the conditions for final design. With the hydraulic water analysis, the property owner/developer shall submit the results of a field fire flow test and provide a written response from Anaheim Fire Department confirming the fire flow requirements for the project. The property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the Public Utilities Department and City Attorney's Office per Anaheim's most current Water Rules and Regulations. MM USS-3 18 Prior to approval of each grading plan or issuance of each Planning and Building demolition or building permits, whichever occurs first, a Department, Construction Barrier Plan showing the location and types of Building Division barriers to be in place during grading and construction. Said plan shall provide for all construction areas to be screened from view in compliance with the City of Anaheim Municipal Code and shall include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, Site preparation or grading, whichever occurs first. SC AE-6 19 Applicants for future development projects which will generate Planning and Building construction -related exhaust emissions shall ensure off -road Department, diesel -powered construction equipment greater than 50 Planning Services horsepower meets CARB Tier 4 Final off -road emissions Division, Building standards. Requirements for Tier 4 Final equipment shall be Division included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each equipment's Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City prior to obtaining the grading permit. If Tier 4 Final equipment is not available, alternative measures may include the use of added exhaust devices, alternatively fueled equipment, such as the use of Tier 3 engines that include CARB Level 3 verifiable diesel emission control devices that altogether achieve an 85 percent reduction in particulate matter exhaust and 40 percent reduction in NOX in comparison to uncontrolled equipment. [SC AQ-9] - 13 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 If construction activity involves tree removals or construction Planning and Building activities in proximity to trees, and is timed to occur during the Department, nesting season (typically February 1 through July 31), prior to Planning Services Division the issuance of the first demolition/grading/building permit, owners/developers will be required to provide focused surveys to the Planning and Building Department for nesting birds pursuant to CDFW requirements. Such surveys shall identify avoidance measures taken to protect active nests. [SC BIO-3] 21 Any crushing of existing habitat during the breeding season of Planning and Building the gnatcatcher shall occur only under the supervision of a Department, biological monitor and other mitigation measures as required by Planning Services Division CDFW may apply. [SC BIO-4] 22 Prior to issuance of a grading permit for any project potentially Planning and Building affecting wildlife movement, the owner/developer shall submit a Department, biological resources analysis which assesses potential impacts to Planning Services Division wildlife movement. SC BIO-8 23 Prior to the issuance of a demolition permit, grading permit, or Planning and Building building permit, whichever occurs first, a letter detailing the Department, proposed schedule for vegetation removal and building Planning Services Division demolition activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between February 1 to July 31 to avoid the bird nesting season. [SC BIO-91 24 Prior to the issuance of a demolition permit, grading permit, or Planning and Building building permit, whichever occurs first, and if project demolition Department, and/or vegetation clearing must occur during the bird nesting Planning Services Division season (February 1 to July 31), a pre -construction nesting bird survey of structures to be demolished and/or vegetation to be removed shall be conducted by a qualified Biologist no more than three days prior to such work occurring. If the Biologist does not find any active nests within or immediately adjacent to the impact area, the Biologist's findings shall be submitted to the Planning and Building Department, and the vegetation clearing/construction work shall be allowed to proceed. The pre - construction nesting bird survey shall be updated following any work stoppage of two weeks or longer. If an active nest of a bird species protected under California Fish and Game Code or the Migratory Bird Treaty Act is identified within or immediately adjacent to the construction area, and the Biologist determines that the nest may be impacted or breeding activities substantially disrupted, the Biologist shall delineate an appropriate no -impact buffer zone (at a minimum of 25 feet) around the nest de ending on the sensitivity of the species and - 14 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT the nature of the construction activity. All nests and associated buffers shall be mapped on the construction plans. The active nest shall be protected until nesting activity has ended. The following restrictions to clearing and/or construction activities shall be required until nest(s) are no longer active, as determined by a qualified Biologist: (1) clearing limits shall be established within a buffer around any occupied nest (the buffer shall be 25 to 100 feet for nesting birds and 300 to 500 feet for nesting raptors), unless otherwise determined by a qualified Biologist; and (2) access shall be restricted within the buffer of any active nest, unless otherwise determined by a qualified Biologist. Encroachment into the buffer area around a known nest shall only be allowed if the Biologist determines that the proposed activity would not disturb the nest occupants. Once the qualified Biologist has determined that fledglings have left the nest, there is no evidence of a second nesting attempt, or the nest has failed, the Biologist's findings shall be submitted to the Planning and Building Department, and construction can proceed within the buffer zone. [SC BIO-101 25 City staff shall require property owners/developers to provide Planning and Building studies to document the presence/absence of archaeological Department, and/or paleontological resources for areas with documented or Planning Services Division inferred resource presence (i.e., presence of native soils that would be disturbed). On properties where resources are identified or a potential for presence exists, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. SC CUL-2 26 Potentially significant cultural resources consist of, but are not Planning and Building limited to, stone, bone, fossils, wood, or shell artifacts or Department, features, including hearths, structural remains, or historic Planning Services Division dumpsites. Any previously undiscovered resources found during construction within the project site should be recorded on appropriate California Department of Parks and Recreation forms and evaluated for significance in terms of CEQA Guidelines. 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 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 - 15 - PC2026-009 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT would be afforded long-term preservation to allow future scientific study. [SC CUL-6] 27 Prior to the issuance of any grading permits, the project Planning and Building proponent shall produce evidence acceptable to the Public Department, Building Works, that: Division • All construction vehicles or equipment, fixed or mobile, operated within 500 feet of a noise -sensitive use, shall be equipped with properly operating and maintained mufflers • All operations shall comply with City of Anaheim Municipal Code Chapter 6.70. Stockpiling and/or vehicle staging areas shall be located as far as practicable from dwellings. SC NOI-1 28 In the event that tribal cultural resources such as human remains Planning and Building and artifacts are inadvertently unearthed during excavation Department, activities, the contractor shall immediately cease all earth- Planning Services Division disturbing activities within a 100-foot radius of the area of discovery, and the contractor shall contact the City's Planning and Building Department immediately. The Applicant shall retain a qualified Native American tribal monitor from or approved by the Native American tribe(s) requesting consultation to evaluate the significance of the find, and in consultation with the City's Planning and Building Department, determine an appropriate course of action. If the tribal cultural resources are found to be significant, the Native American tribal monitor, in consultation with the City's Planning and Building Department, shall determine appropriate actions for exploration, salvage, and/or curation. After the find has been explored, salvaged, and/or curated, work within the vicinity of the find may resume. [SC TCR-11 29 If the monitoring site has hazardous materials concerns, the Planning and Building monitor(s) shall possess Hazardous Waste Operations and Department, Emergency Response (HAZWOPER) certification. The on -site Planning Services Division monitoring shall end when the project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. [SC TCR-2] 30 The owner/developer shall obtain the required coverage under Public Utilities, California's General Permit for Stormwater Discharges Water Engineering associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Resources Control Board and a copy of the subsequent notification of the issuance - 16 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT of a Waste Discharge Identification (WDID) number. [SC HYD- 31 31 Prior to the issuance of any grading and building permits, Housing and Community whichever occurs first for an Affordable For -sale Housing Development Department Development, Applicant/Owner shall execute and cause to be recorded against the Property the Housing Incentives Agreement, and if required by the Housing Incentives Agreement, a declaration of covenants, conditions and restrictions ("CC&R's") that sets forth the terms and conditions of approval of said Housing Incentives. The Housing Incentives Agreement/CC&Rs shall be binding on the Applicant/Owner and all future owners and successors -in -in -interest of the Property, and shall be and remain a senior, non -subordinate encumbrance against the subject Property. PRIOR TO ISSUANCE OR'A BUILDING PERMIT 32 Construction plans shall be submitted to the Building Division Planning and Building for review and issuance of any future building permit(s). Department, Construction plans shall comply with California Building Codes, Building Division as adopted and in effect at time of plan submittal. California Building Code (CBC); California Plumbing Code (CPC); California Mechanical Code (CMC); California Electrical Code (CEC); California Residential Code (CRC); California Energy Code (Energy); and California Green Building Standards Code CGBSC . 33 All CBC and CFC requirements shall be followed for permit Anaheim Fire and Rescue issuance. Any fire permits shall be submitted directly to Department Anaheim Fire Prevention Bureau. 34 All drivable surfaces - Permanent, temporary, and phased Anaheim Fire and Rescue emergency access roads shall be designed and maintained to Department support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities 35 Emergency Responder Radio Communication System shall be Anaheim Fire and Rescue provided Department 36 AM&M shall be provided onto the architectural plan set for Anaheim Fire and Rescue reference. Department 37 Record Tract Map No.19393 pursuant to the Subdivision Map Public Works, Act and in accordance with City Code. Provide a duplicate photo Development Services M lar of the recorded map to the City Engineer's office. 38 Provide a certificate from the project's Registered Civil Engineer Public Works, certifying that the rough grading for the building pad(s) has been Development Services completed in accordance with the City -approved grading plan. - 17 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 39 All onsite sewer lines shall be privately owned and maintained Public Works, by the property owner/HOA and shall be designed per current Development Services CA Building/Plumbing Code, and shall be submitted, reviewed and approved by the Building Division. 40 A Right of Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the Development Services public right-of-way. 41 All Landscape plans shall comply with the City of Anaheim Public Works, adopted Landscape Water Efficiency Guidelines. This ordinance Development Services is in compliance with the State of California Model Water Efficient Landscape Ordinance (AV 1881). 42 Submit an interim soils report indicating pad compaction and site Public Works, stability prepared by the project's Geotechnical Engineer of Development Services Record. The pad compaction report shall include a site plan showing the compaction testing locations. 43 A cash -in -lieu payment based on the Civil Engineer of Record Public Works, cost estimate, in an amount determined by the City Engineer to Development Services be sufficient to pay for future street widening along Lincoln Avenue, including utility relocations, required offsite BMPs, etc., necessary for the widening to its ultimate location, shall be aid to the City of Anaheim. 44 Applicants for new development projects in the Beach Planning and Building Boulevard Area Specific Plan that are subject to the California Department, Planning Environmental Quality Act (i.e., non-exempt projects) shall Services Division require the construction contractor to use equipment that meets the US Environmental Protection Agency (EPA) Tier 4 emissions standards for offroad diesel -powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City of Anaheim that such equipment is not available. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by the California Air Resources Board's regulations. Prior to issuance of any construction permits, documentation shall be provided by the applicant to the City of Anaheim that verifies, to the satisfaction of the City, the use of construction equipment as stated in this mitigation measure. MM AQ-1 45 Prior to issuance of a building permit for projects that are subject Planning and Building to the California Environmental Quality Act (i.e., non-exempt Department, Planning projects), the property owner/developer shall require the Services Division construction contractor and provide a note on construction plans indicating that: - 18 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT a) All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high -volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand -roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use precoated/natural colored building materials, where feasible. The City shall verify compliance during normal construction site inspections. MM AQ-4 46 Prior to the issuance of building permits for new development Planning and Building projects in the Project Area, the project applicant shall show on Department, Building the building plans that all major appliances (dishwashers, Division refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star or equivalent appliances shall be verified by the City of Anaheim prior to the issuance of a Certificate of Occupancy. [MM AQ-51 47 Prior to issuance of building permits for non -single-family Planning and Building residential and mixed -use residential development projects in the Department, Planning Project Area, the project applicant shall indicate on the building Services Division plans that the following features have been incorporated into the design of the building(s). Proper installation of these features shall be verified by the City of Anaheim prior to the issuance of a Certificate of Occupancy. • Electric vehicle charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code. MM AQ-61 48 Prior to issuance of a building permit, applicants for projects Planning and Building within the Beach Boulevard Specific Plan that involve high- Department, vibration construction activities, such as pile driving or vibratory Planning Services Division rolling/compacting, shall be evaluated for potential vibration impacts to nearby sensitive receptors. The project applicant shall submit a vibration report prepared to the satisfaction of the City of Anaheim to determine if the use of pile driving and/or - 19 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT vibratory rolling/compacting equipment would exceed the Federal Transit Administration's (FTA's) vibration -annoyance criteria of 78 dB during the daytime or FTA's vibration -induced architectural damage PPV criteria of 0.2 inches/second for wood -framed structures or 0.5 inches/second for reinforced masonry buildings. The construction contractor shall require the use of lower vibration -producing equipment and techniques. Examples of lower -vibration equipment and techniques would include avoiding the use of vibratory rollers near sensitive areas and/or the use of drilled piles, sonic pile driving, or vibratory pile driving (as opposed to impact pile driving). [MM N-41 49 Prior to issuance of the first building permit for each building, Public Works Department, the property owner/developer shall pay all applicable Planning and Building transportation impact fees to the City of Anaheim in amounts Department, City determined by the City Council Resolution in effect at the time Attorney's Office of issuance of the building permit with credit given for City - authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. MM T-3 50 Per California Water Code, Division 1, Chapter 8, Article 5, Public Utilities, Section 537-537.5) as amended by Senate Bill 7, water Water Engineering submetering shall be furnished and installed by the Owner/Developer, and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and shall be included and recorded in the Master CC&Rs for the project. [SC USS-4 51 Any backflow assemblies currently installed in a vault must be Public Utilities, brought up to current Water Services Administrative Procedures Water Engineering and Design Guidelines. 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. [SC USS- 51 52 All existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water Water Engineering service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall - 20 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT be responsible for the costs to upgrade or to abandon any water service or fire line. [SC USS-7] 53 The Owner/Developer shall submit to the Public Utilities Public Utilities, Department Water Engineering Division an estimate of the Water Engineering maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. SC USS-101 54 Prior to issuance of each building permit, the property Planning and Building owner/developer shall demonstrate on plans that fuel -efficient Department, models of gas -powered building equipment have been Building Division incorporated into the proposed project to the extent feasible. [SC EN-7] 55 Prior to issuance of a building permit, the property Planning and Building owner/developer shall incorporate feasible renewable energy Department, generation measures into the project. These measures may Building Division include but not be limited to use of renewable biofuels, solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. [SC EN-8] 56 Prior to issuance of a building permit, the owner/developer shall Public Works Department, submit plans that specifically indicate that all vehicular ramps Traffic Engineering and grades conform to all applicable Engineering Standards. [SC TRN-2 57 Prior to the issuance of building permits, street improvement Public Works Department, plans shall be submitted by the owner/developer to the Public Traffic Engineering Works Department, Traffic Engineering, for review and approval of proposed signing and/or red curb painting. Signage and curb painting modifications shall be installed per the approved plans and shall be completed prior to the first final building and zoning inspection. [SC TRN-31 58 That prior to the issuance of building permits, plans shall show Public Works Department, conformance with the current version of Engineering Standard Traffic Engineering Detail 470 and 473 pertaining to parking standards. NO PARKING pavement markings shall be provided on both sides of the trash enclosure. The subject property shall thereupon be developed and maintained in conformance with said plans. [SC TRN-4 59 Prior to the issuance of a building permit, the owner/developer Planning and Building shall submit draft Covenants Conditions and Restriction Department, Public Works - 21 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT (CC&Rs) that are prepared by an authorized professional for Department, City review and approval by the City Engineer, Planning and Attorney's Office Building Director, and City Attorney, which will generally provide for the following: • A requirement that residents shall use designated parking areas, including garages, only for the parking of vehicles. • A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. • A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. 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. [SC TRN-5 60 A detailed on -site lighting plan, including a photometric Planning and Building diagram, shall be submitted by project applicants and reviewed Department, and approved by the Planning and Building Director and Police Planning Services Department prior to the issuance of building permits. Such plan Division, Police shall indicate style, illumination, location, height, and method of Department shielding so as not to adversely affect adjacent properties. [SC AE-7] 61 Projects will be reviewed by the City of Anaheim on an Planning and Building individual basis and will be required to comply with Department, Building requirements in effect at the time building permits are issued Division (impact fees, etc.) or if an initial study is prepared and the City determines the impacts to be significant, then the project will be required to comply with appropriate mitigation measures (fire station sites, etc.. SC PS-1 62 An adequate water supply capable of providing minimum fire Anaheim Fire and Rescue flow requirements for fire hydrants and a fire sprinkler system Department, Public shall be available. [SC WF-3] Utilities, Water Engineering 63 The Owner shall irrevocably offer to dedicate to the City of Public Utilities, Anaheim (i) an easement for all large domestic above -ground Water Engineering water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering - 22 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 64 All backflow equipment shall be located above ground outside Public Utilities, of the street setback area in a manner fully screened from all Water Engineering public streets and alleys. 65 Water improvement plans shall be submitted to the Water Public Utilities, Engineering Division for approval and a performance bond in Water Engineering the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 66 Association and/or Owner shall incorporate screening for all Planning and Building ground -mounted equipment in the front yard to the maximum Department, extent possible to the satisfaction of the Director of Planning Planning Services and Building, prior to building permit issuance. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS All public improvements shall be constructed by the developer, Public Works, 67 inspected and accepted by Construction Services prior to final Development Services building and zoning inspection. 68 All remaining fees/deposits required by Public Works Public Works, department shall be paid in full. Development Services Set all Monuments in accordance with the final snap and submit Public Works, 69 all centerline ties to Public Works Department. Any monuments Development Services damaged as a result of construction shall be reset to the satisfaction of the City Engineer. Record Drawing Plans and Final Soils Report shall be submitted Public Works, 70 for review and approval to the Department of Public Works, Development Services Development Services Division. The WQMP Covenant shall be recorded in the Office of the Public Works Department, 71 Orange County Recorder and incorporated into Verified Final Development Services WQMP Submittal. The Verified Final WQMP shall be approved, all BMPs shall be constructed by the developer, inspected and - 23 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT accepted by Construction Services prior to final building and zoning inspection. Owner/Developer shall install an approved backflow prevention Public Utilities, assembly on the water service connection(s) serving the property Water Engineering 72 behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Any new system improvements (e.g., substation, line Public Works Department, connections), if required and prior to final approval, shall be Electric Engineering constructed in accordance with the City's Electric Rates, Rules 73 and Regulations and Electrical Specifications. Electrical Service Fees and other applicable fees will be assessed in accordance with the current Electric Rates, Rules and Regulations and Electrical Specifications. SC EN-5 Prior to approval of each final building and zoning inspection, Planning and Building the property owner/developer shall implement a program, as Department, Building required, to reduce the demand on natural gas supplies. The Division 74 Southern California Gas Company has developed several programs which are intended to assist in the selection of most energy -efficient water heaters and furnaces. SC EN-6 ESN --GOING MIRING CONSTRUCTION During construction activities, for projects that are subject to the Planning and Building California Environmental Quality Act (i.e., non-exempt Department, Building projects), the construction contractors shall ensure that the Division equipment shall be properly serviced and maintained in 75 accordance with the manufacturer's recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. MM AQ-3 Before and during construction, if human remains are discovered Planning and Building on -site, no further disturbance shall occur until the County Department, 76 Coroner has made a determination of origin, and disposition Building Division, pursuant to California Public Resources Code Section 5097.98 Planning Services and California Health and Safety Code Section 7050.5 has occurred. SC CUL-4 GENERAL 77 If any existing building on an adjacent property that currently Planning and Building occupies a shared property line and eliminates the need for a Department, perimeter wall under this approval is demolished or removed, Planning Services Division the Owner/Operator shall, within 90 days followin final - 24 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT inspection of the demolition permit, construct a perimeter wall along that property line in compliance with applicable development standards. 78 The project shall be operated in accordance with the Project Planning and Building Narrative and Letter of Operation submitted as part of this Department, application. Any changes to the project as described in these Planning Services Division documents shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 79 Landscaping shall be replaced by the applicant in a timely Planning and Building manner if it is removed, damaged, diseased, and/or dead. All Department, new landscaping shall be installed by the owner/developer in Planning Services Division conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity. 80 The owner/developer shall ensure that the exterior of the Planning and Building building and parking lot shall be illuminated during all hours of Department, darkness. [SC AE-31 Planning Services Division 81 Trees and shrubs shall be pruned by the owner/developer to Planning and Building allow visual access to all parts of the premises. [SC AE-4] Department, Planning Services Division 82 Entrance windows shall not be covered with posters and Planning and Building announcements that obstruct natural surveillance. [SC AE-51 Department, Planning Services Division 83 The owner/developer shall ensure the following: landscaping Planning and Building shall be of the type and situated in locations to maximize Department, observation while providing the desired degree of aesthetics. Planning Services Division Security planting materials are encouraged along fence and property lines and under vulnerable windows. Shrubbery or ground cover should not generally exceed 3 feet in height, and tree branches should not descend below 6 feet from the ground; trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. [SC AE-21 84 All archaeological resources shall be subject to the provisions Planning and Building of CEQA (Public Resources Code) Section 21083.2. [SC CUL- Department, 31 Planning Services Division - 25 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 85 The owner/developer shall design per City Standards full Public Works Department, improvements for all impacted public streets/facilities in Development Services accordance with City Code, Standards, and Specifications. Such improvements shall include, but not be limited to the following: driveway closures with new curb and gutter and sidewalk, commercial driveway approach, parkway landscaping with irrigation, storm drain lateral connection and manhole, sewer lateral connection. [SC TRN-61 86 The owner/developer shall pay all applicable development Public Works Department, impact fees required under the Anaheim Municipal Code. [SC Development Services PS-2 87 2019 California Fire Code Section 503.1.1: Approved fire Anaheim Fire and Rescue apparatus access roads shall be provided for every facility, Department building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the buildings as measured by an approved route around the exterior of the building or facility. [SC PS-41 88 Knox box locations, fire hydrant location and fire flow Anaheim Fire and Rescue requirements, as well as fire sprinklers shall be provided in Department accordance with National Fire Protection Association (NFPA) 13 and fire alarms shall be provided in accordance with NFPA 72. The fire master plan shall be submitted directly at AF&R at the time that grading plans are submitted to the city. [SC PS-61 89 A private water system with separate water service for fire Public Utilities, protection and domestic water shall be provided by the Water Engineering owner/developer and shown on plans submitted by the owner/developer to the Water Engineering Division of the Anaheim Public Utilities Department. SC PS-7 90 Pedestrian access control shall be considered by the Anaheim Police owner/developer to help prevent unwanted entry. If access Department control is installed, a digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communication Bureau. ISC PS-11 91 The owner/developer shall file Emergency Listing Card, Form Anaheim Police APD-281, with the Police Department, available at the Police Department Department front counter. This card should include on and off - site property management contact information for regular business hours as well as emergency after-hours contacts. [SC PS-121 - 26 - PC2026-009 NO, CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 92 The owner/developer shall submit a set of improvement plans Public Utilities, prior to submittal of the grading plan or as determined by the Water Engineering City for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. SC USS-1 93 All requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or Water Engineering abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Anaheim Fire and Rescue Engineering Division of the Anaheim Public Utilities Department Department. SC USS-6 94 The developer/owner shall submit a water system master plan, Public Utilities, including a hydraulic distribution network analysis, for Public Water Engineering Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. [SC USS-91 95 The owner/developer shall contact Water Engineering for Public Utilities, recycled water system requirements and specific water Water Engineering conservation measures to be incorporated into the building and landscape construction plans. [SC USS-131 96 The owner/developer shall install an approved backflow Public Utilities, presentation assembly on the water service connection(s) Water Engineering serving the property, behind the property line and building setback in accordance with Water Services Administrative Procedures and Design Guidelines. [SC USS-141 97 Any proposed changes to the Solid Waste Management Plan Public Works Department, must be approved by the Public Works Department, Sanitation Sanitation Division Division. [SC USS-18] 98 Prior to connection of electrical service, the legal owner shall Public Utilities, provide to the City of Anaheim a Public Utilities easement with Water Engineering dimensions as shown on the approved utility service plan. The legal owner shall submit payment to the City of Anaheim for service connection fees. [SC USS-191 99 A minimum 26' width for the fire access road is required for the Anaheim Fire and Rescue proposed structure and a minimum vertical clearance of 13 feet, Department 6 inches. [SC WF-9 100 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit - 27 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 101 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning and Planning Services Division Building Department, and as conditioned herein. 102 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right -of- Water Engineering way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. 103 The following minimum horizontal clearances shall be Public Utilities, maintained between proposed water main and other facilities: Water 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. - 28 - PC2026-009 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12-inch minimum vertical separation from other utilities, except 24" minimum vertical separation from existing gas. 104 No public water main or public water facilities shall be installed Public Utilities, in private alleys or paseo areas. Water Engineering 105 No public water mains or laterals allowed under parking stalls Public Utilities, or parking lots. Water Engineering 106 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works, (SWPPP). The SWPPP shall be kept at the project site and be Development Services available for Public Works, Development Services Division review upon request. - 29 - PC2026-009 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Madeleine Pineda-Campos, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 6, 2026, by the following vote of the members thereof: AYES: Chairperson Walker and Commissions Castro, Perez and Tran-Martin NOES: Commissioner Kelly and Lieberman ABSTAIN: None ABSENT: Commissioner Adulrahman IN WITNESS WHEREOF, I have hereunto set my hand this 6tn day of April 2026. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 30 - PC2026-009