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Resolution-PC2026-017RESOLUTION NO. PC2026-017 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 27-UNIT RESIDENTIAL DEVELOPMENT WITH A MODIFICATION TO STRUCTURAL SETBACKS AND A VARIANCE TO PERMIT A WALL AND FENCE GREATER THAN PERMITTED BY THE ANAHEIM MUNICIPAL CODE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2025-00020) (3091-3113 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit and Tentative Tract Map No. 19452 to construct a 27-unit for -sale residential development, consisting of 8 attached townhomes and 19 detached homes with a modification to development standards to reduce building -to -building setbacks and a variance to permit wall and fences with a height greater than permitted by code (the "Proposed Project") on certain real property located at 3091-3113 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 2.1-gross acres in area and is developed with multiple residential structures and associated site improvements. The Property is designated for Corridor Residential land uses in the General Plan. The Property is in the "T" Transition, Public and Special -Purpose Zone and is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"). Pursuant to subsection .140 of Section 18.14.030 (Uses) of the Code, single-family attached and detached residential development may be permitted in the "T" Zone on properties with a Residential or Mixed -Use General Plan land use designation, subject to the permitted uses and development standards of the applicable implementing zone identified in the General Plan. The applicable implementing zone for the Property is the "RM-l" Multiple -Family Residential Zone; and WHEREAS, Single -Family Attached and Single -Family Detached Dwelling land uses require a conditional use permit subject to approval by the Planning Commission pursuant to Subsection .040 of Section 18.06.030 (Uses); and WHEREAS, development standards in Section 18.06.090 (Structural Setbacks) may be modified pursuant to a conditional use permit subject to approval by the Planning Commission; and WHEREAS, variances are subject to approval by the Planning Commission pursuant to Subsection .010 of Section 18.74.040 (Approval 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 July 13, 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 Proposed Project qualifies for a Class 32 — In -Fill Development Project Categorical Exemption as set forth in Sections 15332 and 15300.2 of the CEQA Guidelines in that the Project is consistent with the applicable General Plan designations and the Zoning Code; is located within an urbanized area on a site that is less than five acres in size; does not contain habitat for endangered, rare or threatened species; can be adequately served by all required utilities and public services; and would not result in any significant effects relating to traffic, noise, air quality, or water quality; 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 15332 — In -Fill Development Projects. The Proposed Project is a request to redevelop a 2.1-gross-acre site currently developed with existing single-family structures with a 27-unit for -sale residential development, consisting of 8 attached townhomes and 19 detached homes, and subdivision for a one -lot map for condominium purposes. Pursuant to Sections 15332 and 15300.2 of the CEQA Guidelines, no exceptions to the exemption apply, there are no unusual circumstances in respect to the Proposed Project that would cause a significant effect on the environment, and therefore, the Proposed Project is categorically exempt from the provision of CEQA; 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 for a conditional use permit for residential development, does find and determine the following facts: 1. The proposed use is properly one for which a conditional use permit is authorized by this Code. The Property is located in the "T" Transition Zone and is designated for Corridor Residential land uses in the General Plan. Pursuant to subsection .140 of Section 18.14.030 of the Code, single-family attached and detached residential development may be permitted in the "T" Zone on properties with a Residential or Mixed -Use General Plan land use designation, subject to the permitted uses and development standards of the applicable implementing zone identified in the General Plan. The applicable implementing zone for the Property is the "RM-1" Multiple - Family Residential Zone. Pursuant to Section 18.06.030.040, Table 6-A, of the Code, Single - Family Attached and Single -Family Detached Dwelling land uses are permitted in the "RM-l" - 2 - PC2026-017 Zone subject to approval of a conditional use permit. Therefore, the proposed 27-unit residential development, consisting of 8 attached townhomes and 19 detached single-family homes, is properly one for which a conditional use permit is authorized by the Code. 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the proposed residential development will be compatible with the surrounding residential neighborhood and will contribute to the orderly growth and development of the area. The Proposed Project will incorporate a high -quality architectural design, enhanced landscaping, private and common open space, and adequate setbacks along the Proposed Project's perimeter. The requested reduction in building -to -building setbacks is limited to selected interior buildings and will not affect adjoining properties or the continued growth and development of the surrounding area. Therefore, the proposed use will be compatible with adjacent land uses and will not be detrimental to the surrounding neighborhood. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety. The size and shape of the Property will be adequate to accommodate the proposed 27-unit residential development. The site will meet applicable "RM-1" Multiple -Family Zone development standards, except where reduced interior building -to -building setbacks and variance for walls and fences are proposed. The Proposed Project will meet minimum Code requirement for parking spaces and provide adequate vehicular and pedestrian access, parking, private and common open space, landscaping, and emergency access. Furthermore, the surrounding area is developed with similar residential uses, making the proposed use compatible and not detrimental to the surrounding area or to public health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the Proposed Project will develop 27 for -sale residential units on an infill site with direct access to Ball Road, an arterial roadway designed to accommodate through traffic and local access. Vehicular access will be provided through a single driveway on Ball Road connecting to an internal private loop drive that will serve resident garages, guest parking spaces, refuse collection, and emergency access. The Proposed Project has been reviewed for site access, internal circulation, and emergency access, and conditions of approval will require construction of required frontage, driveway, and public improvement work. Based on the residential scale of the project, the project's location within a low Vehicle Miles Traveled area, and the design of the proposed access and internal circulation system, project traffic will be accommodated by the existing and planned street system without imposing an undue burden on surrounding streets. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The Proposed Project will replace an existing residential development with 27 for -sale residential units that will be consistent with existing residential neighborhoods. The project provides adequate emergency access, parking, circulation, landscaping, and recreational amenities that will be compatible with surrounding residential development. The Proposed Project will meet all applicable State and City codes, standards, policies, and rules intended to protect public health - 3 - PC2026-017 and therefore, granting the conditional use permit with the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; 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 for a conditional use permit to modify the minimum building - to -building setbacks from 15 feet to seven feet for 19 of the units, does find and determine the following facts: 1. The size and shape of the site as well as vehicular and pedestrian access are adequate in a manner not detrimental to either the particular area or health and safety. The size and shape of the site will be adequate to accommodate the proposed 27-unit residential development. The Proposed Project will meet applicable "RM-1" Multiple -Family Zone development standards, except for the proposed reduced building -to -building setbacks and a variance for walls and fences. Although the applicant requests a reduction in the minimum building -to -building setback from 15 feet to 7 feet, the modification will be limited to interior building separations and does not affect perimeter setbacks, emergency access, or circulation. Adequate vehicular and pedestrian access will be provided to serve future residential development. The residential units will be arranged around a private loop drive serving residential garages and surface parking areas. The Proposed Project entrance features decorative pavers leading to a three- way stop -controlled T-intersection that will enhance site identification and traffic control. Pedestrian circulation will be accommodated through a network of three- to five -foot -wide walkways and enhanced concrete crosswalks, providing safe connections throughout the development. The proposed internal circulation pattern will minimize conflicts between vehicles and pedestrians while providing adequate access for emergency vehicles. 2. The Proposed Project complies with the General Plan and any applicable zoning or specific plan. The Proposed Project is designated for Corridor Residential land uses in the General Plan. The Corridor Residential designation is intended to provide housing opportunities along the City's arterial corridors; specifically single -family -attached housing fronting arterial highways with detached housing located behind the attached product for properties with sufficient depth. The Proposed Project will develop the 2.1-gross-acre site with 27 for -sale residential units at a density of approximately 12.85 dwelling units per gross acre, which will be within the allowable density range established by the General Plan of 0 to 13 units per gross acre. The Proposed Project will provide both attached and detached ownership housing opportunities that will be compatible with the surrounding residential neighborhoods at a density consistent with the Corridor Residential General Plan designation. The requested reduction in the minimum building -to -building setback from 15 feet to 7 feet will be limited to interior building separations, while required perimeter setbacks adjacent to neighboring properties will be compliant. The modification request will allow a site layout that accommodates a mix of attached and detached homes at the proposed density, while preserving common open space, landscaping, parking, and pedestrian circulation. Privacy will be maintained through building orientation, limited placement of first -story windows, second -story clerestory windows, and landscape screening. With the exception of the requested modification to reduce - 4 - PC2026-017 interior building -to -building setbacks and the requested wall and fence variance, the Proposed Project will comply with the applicable development standards of the "RM-l" Multiple -Family Zone, including residential density, perimeter setbacks, building height, parking, landscaping, recreation -leisure area requirements, and lot coverage. 3. The Proposed Project is consistent with applicable design guidelines adopted by the City. The Proposed Project will be consistent with applicable Multiple -Family Objective Design Standards contained in Chapter 18.39 and will provide a desirable environment for residents and visitors. The Proposed Project will comply with the applicable objective design standards, including requirements related to architectural articulation, building materials, window treatments, and building massing. The Proposed Project includes a contemporary California farmhouse architectural style with varied roof forms, smooth stucco finishes, decorative shutters, recessed windows, and enhanced trim detailing. Building elevations will incorporate variations in materials, colors, and architectural projections that will reduce building mass and provide visual interest. The proposed design will create an attractive public streetscape through architectural details, decorative fencing, layered landscaping, and enhanced building elevations on Ball Road. Although the requested setback modification reduces the separation between buildings, the Proposed Project will maintain sufficient light and air between structures, while preserving privacy and livability through building orientation and architectural design. The Proposed Project will provide a combination of attached and detached units that will be compatible with the surrounding neighborhood character through building mass variations and enhanced landscaping. 4. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety, or general welfare of the citizens of the City of Anaheim. The reduced structural setbacks will be limited to interior building separations within the Proposed Project and will not reduce required perimeter setbacks adjacent to neighboring residential properties or Ball Road. The Proposed Project will continue to provide adequate emergency access, internal vehicle circulation, pedestrian connections, parking, common open space, private open space, and landscaping. Building orientation, limited placement of first -story windows, second - story clerestory windows, and landscape screening will help preserve privacy and livability between residential units. In addition, all buildings will remain subject to applicable Building and Fire Code requirements for construction type, fire separation, and life safety. Therefore, the requested modification will allow a functional and compatible residential site plan without adversely affecting public health, safety, or general welfare. 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 for a variance, does find and determine the following facts: SECTION 18.46.110.030 Maximum Height Within Required Front or Street Setbacks (3 feet permitted; 6 feet proposed) - 5 - PC2026-017 1. There are special circumstances applicable to the Property, including its location and surroundings, that do not apply to other properties under identical zoning classification in the vicinity. The Property is located along Ball Road, a primary arterial roadway, and the proposed residential development is designed in accordance with the Corridor Residential land use pattern, which anticipates attached residential development along arterial frontages with detached residential units located behind the attached product where site depth allows. As a result, the project includes residential units and private yard areas oriented toward Ball Road, where residents will be exposed to arterial roadway noise, and reduced privacy conditions that will not be typically experienced by residential properties located along local residential streets. The noise analysis prepared for the project indicates that units facing Ball Road will experience exterior noise levels between 67 and 72 decibels without the proposed 6-foot wall. In addition, strict placement of a 6-foot wall outside the required street setback will reduce the private yard areas for the seven attached units along Ball Road by approximately 250 square feet each, materially reducing usable private open space for those units. The Property is also subject to a 23-foot-wide roadway dedication and frontage improvement requirements along Ball Road, further constraining the placement of frontage walls, fences, landscaping, and private open space. These combined circumstances, including the arterial frontage, required structural street setback, private open space requirements, and the surrounding residential setting, create special circumstances applicable to the Property that do not apply in the same manner to other properties under identical zoning classification in the vicinity. In addition, the buildings adjacent to Ball Road will be buffered by a landscaped setback layered with shrubs, hedges, vines, and trees, along with decorative fencing and a masonry wall to enhance the streetscape; and 2. That, because of the special circumstances identified above, strict application of the Code will deprive the Property of privileges enjoyed by other property under identical zoning classification in the vicinity. Because of the special circumstances identified above, strict application of the Code will deprive the Property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Strict application of the three-foot wall height limitation within the street setback will either require the project to provide only a low wall along Ball Road or require the proposed 6-foot wall to be located outside the required street setback. A three-foot wall will not provide a comparable privacy, screening, or noise -buffering function for the residential units and private yard areas facing Ball Road. Relocating the six-foot wall outside the street setback will substantially reduce the usable private yard area for the seven attached units facing Ball Road by approximately 250 square feet per unit. The residential property immediately east of the Property was approved in conjunction with that development's tentative map and conditional use permit request with an eight -foot -high wall where a maximum three -foot - high wall was otherwise permitted. As such, strict application of the Code to the subject Property will therefore deny the project a comparable residential buffer along Ball Road and will deprive the Property of a privilege previously afforded to a similarly situated residential development in the vicinity; 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, - 6 - PC2026-017 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. 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 a conditional use permit to construct single-family attached and detached residential units with reduced minimum required building -to -building setback from 15 feet to seven feet and a variance to permit wall and fences with a height greater than permitted by code, contingent upon approval of Tentative Tract Map No. 19452 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 conditional use permit and variance are 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 19.60.170 (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 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 July 13, 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. - 7 - PC2026-017 CHAIRPERSON, PLAWNG COMMISSI OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 8 - PC2026-017 APN: 1 079-882-21 1 DR 079-882-22 079-882-23 079-882-24 t� Ell 0 100 Feet EXHIBIT "A" DEV NO. 2025-00020 I W LYNROSE DR Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. PC2026-017 EXHIBIT "B" CONDITIONAL USE PERMIT AND VARIANCE (DEV2025-00020) 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]. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIORTO GRADING PERMIT ISSUANCE FOR FUTURE RESIDENTIAL DEVELOPMENT Prepare and submit a final grading plan showing building footprints, Public Works pad elevations, finished grades, drainage routes, retaining walls, Department, 1 erosion control, slope easements and other pertinent information in Development accordance with Anaheim Municipal Code and the California Building Services Division Code, latest edition. Prepare and submit a final drainage study, including supporting Public Works hydraulic and hydrological calculations, to the City of Anaheim for Department, review and approval. The study shall confirm or recommend changes Development to the City's adopted Master Drainage Plan by identifying off -site and Services Division on -site stormwater runoff impacts resulting from build -out of 2 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 The developer shall execute a Save Harmless Agreement with the City Public Works of Anaheim for any storm drain connections to the City's storm drain Department, 3 system. The agreement shall be recorded by the applicant on the Development property prior to the issuance of any permits. [SC USS-161 Services Division Obtain the required coverage under California's General Permit for Public Works Stormwater Discharges associated with Construction Activity by Department, 4 providing a copy of the Notice of Intent (NOI) submitted to the State Development Water Resources Control Board and a copy of the subsequent Services Division notification of the issuance of a Waste Discharge Identification (WDID) number. [SC HYD-3] PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Submit Water Quality Management Plans (WQMPs) to the City for Public Works review and approval. The WQMP shall be consistent with the Department, requirements of Section 7 and Exhibit 7.II of the Orange County Development Drainage Area Management Plan (DAMP) for New Development/ Services Division 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 5 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. [SC USS-171 Submit a geotechnical report to the Public Works Department for Public Works 6 review and approval. The report shall address grading and any Department, proposed infiltration features of the WQMP. Development Services Division The Owner/Developer shall submit a set of improvement plans for Public Utilities, 7 Public Utilities Water Engineering review and approval in determining Water Engineering the conditions necessary for providing water service to the project. Prior to issuance of a demolition and/or a grading permit, applicants Planning and for development projects which will generate construction -related Building fugitive dust emissions that exceed applicable thresholds shall include, Department, but are not limited to, the mitigation measures recommended by Planning Services SCAQMD's CEQA Air Quality Handbook, to the extent feasible and Division applicable. The measures shall be included as notes on the grading and/or demolition plans: • The area disturbed by clearing, grading, earth moving, or 8 excavation operations shall be minimized to prevent excess amounts of dust. • Pre-grading/excavation activities shall include watering the area to be graded or excavated before commencement of grading or excavation operations. Application of watering (preferably reclaimed, if available) should penetrate sufficiently to minimize fugitive dust during grading activities. This measure can achieve PM10 reductions of 61 percent through application of water every three hours to disturbed areas. PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Fugitive dust produced during grading, excavation, and construction activities shall be controlled by the following activities: o All trucks shall be required to cover their loads as required by California Vehicle Section 23114. Covering loads and maintaining a freeboard height of 12 inches can reduce PM10 emissions by 91 percent. o All graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on -site roadways, shall be treated to prevent fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally safe soil stabilization materials, and/or roll -compaction as appropriate. Watering shall be done as often as necessary and reclaimed water shall be used whenever possible. Application of water every three hours to disturbed areas can reduce PM10 emissions by 61 percent. • Graded and/or excavated inactive areas of the construction site shall be monitored at least weekly for dust stabilization. Soil stabilization methods, such as water and roll -compaction, and environmentally safe dust control materials, shall be periodically applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area should be seeded and watered until grass growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. Replacement of ground cover in disturbed areas can reduce PM10 emissions by 5 percent. • Signs shall be posted on -site limiting traffic to 15 miles per hour or less. This measure can reduce associated PM10 emissions by 57 percent. • During periods of high winds (i.e., wind speed sufficient to cause fugitive dust to impact adjacent properties), all clearing, grading, earth -moving, and excavation operations shall be curtailed to the degree necessary to prevent fugitive dust created by on -site activities and operations from being a nuisance or hazard off -site or on -site. The site superintendent/supervisor shall use his/her discretion in conjunction with SCAQMD when winds are excessive. PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Adjacent streets and roads shall be swept at least once per day, preferably at the end of the day, if visible soil material is carried over to adjacent streets and roads. • Personnel involved in grading operations, including contractors and subcontractors, should be advised to wear respiratory protection in accordance with California Division of Occupational Safety and Health regulations. [SC AQ-21 Prior to the issuance of a grading permit, applicants for future Planning and development projects which will generate construction -related exhaust Building emissions shall ensure off -road diesel -powered construction Department, equipment greater than 50 horsepower meets CARB Tier 4 Final off- Planning Services road emissions standards. Requirements for Tier 4 Final equipment Division shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each piece of equipment's Best Available Control Technology (BACT) documentation (certified tier specification or 9 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 are 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-3] Prior to issuance of a demolition, grading permit, or building permit, Planning and whichever occurs first, if construction activity involves tree removals Building or construction activities in proximity to trees, and is timed to occur Department, during the nesting season (typically February 1 through July 31), prior Planning Services 10 to the issuance of the first demolition/grading/building permit, Division 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-31 Prior to the issuance of a demolition permit, grading permit, or Planning and building permit, whichever occurs first, a letter detailing the proposed Building 11 schedule for vegetation removal and building demolition activities Department, shall be submitted to the Planning and Building Department, verifying Planning Services Division PC2026-017 NO, CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT that removal shall take place between August 1 and January 31 to avoid the bird nesting season. [SC BIO-9] Prior to the issuance of a demolition permit, grading permit, or Planning and building permit, whichever occurs first, and if project demolition Building and/or vegetation clearing must occur during the bird nesting season Department, (February 1 to July 31), a pre -construction nesting bird survey of Planning Services structures to be demolished and/or vegetation to be removed shall be Division 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- 12 impact buffer zone (at a minimum of 25 feet) around the nest depending on the sensitivity of the species and 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 PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Prior to the issuance of a grading permit, City staff shall require Planning and property owners/developers to provide studies to document the Building presence/absence of archaeological and/or paleontological resources Department, for areas with documented or inferred resource presence (i.e., presence Planning Services 13 of native soils that would be disturbed). On properties where resources Division 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-21 Prior to the issuance of any grading permits, the project proponent shall Planning and produce evidence acceptable to Public Works that: Building • All construction vehicles or equipment, fixed or mobile, Department, operated within 500 feet of a noise -sensitive use, shall be Planning Services equipped with properly operating and maintained mufflers Division 14 • 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] During ground -disturbing activities, in the event that tribal cultural Planning and resources such as human remains and artifacts are inadvertently Building unearthed during excavation activities, the contractor shall Department, immediately cease all earth -disturbing activities within a 100-foot Planning Services radius of the area of discovery, and the contractor shall contact the Division 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 15 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. If the monitoring site has hazardous materials concerns, the monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. The on -site 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 is a low potential for tribal cultural resources. [SC TCR-1, SC TCR-2] PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The property owner/applicant shall comply with all applicable State Housing and replacement housing laws and requirements, including, but not limited Community to, applicable relocation assistance obligations and the replacement of Development any protected affordable housing units. As part of such compliance, Department one (1) low-income unit, identified as Unit 27, shall be provided on the project site in accordance with Government Code section 65915(c)(3)(B)(i). Prior to recordation of the Final Map or issuance of 16 the first grading permit, whichever occurs first, the property owner/applicant shall execute and record, to the satisfaction of the City Attorney and Housing & Community Development Director, a recorded affordability restriction against the property establishing the terms and requirements necessary to ensure compliance with applicable replacement housing laws, affordability restrictions, and related obligations. PRIOR TO BUILDING PERMIT ISSUANCE FOR FUTURE RESIDENTIAL DEVELOPMENT 17 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Additionally, on Ball Road, the Department, Traffic street curb shall be painted red on either side of the entrance driveway Engineering sufficient for line -of -sight visibility. Red curb locations shall be clearly Division labeled on building plans. 18 Obtain a Right -of -Way Construction Permit (RCP) from the Public Public Works Works Department and post security for construction of all required Department, public improvements within street right-of-way. Development Services Division 19 Provide a cash -in -lieu payment for City's future removal of the Public Works proposed bulb -outs around existing utility poles along Ball Rd. in an Department, amount to be estimated by the developer, reviewed and approved by Development the City Engineer. Services Division 20 Submit an interim soils report indicating pad compaction and site Public Works stability prepared by the project's Geotechnical Engineer of Record. Department, The pad compaction report shall include a site plan showing the Development compaction testing locations. Services Division 21 Provide a certificate from the project's Registered Civil Engineer Public Works certifying that the finished grading has been completed in accordance Department, with the City -approved grading plan. Development Services Division PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 22 All onsite sewer lines shall be privately owned and maintained by the Public Works property owner. Portions of the onsite sewer lines approved by the City Department, of Anaheim as "private mainlines" shall be designed in accordance Development with the Public Works Sewer Design Manual. Services Division 23 All site landscape plans shall comply with the City of Anaheim Public Works adopted Landscape Water Efficiency Guidelines. This ordinance is in Department, compliance with the State of California Model Water Efficient Development Landscape Ordinance (AV 1881). Services Division 24 The developer shall pay all applicable development impact fees Public Works required under the Anaheim Municipal Code. Department, Development Services Division 25 A private water system with separate water service for fire protection Public Utilities and domestic water shall be provided and shown on plans submitted to Water Engineering the Water Engineering Division of the Anaheim Public Utilities Department. 26 Per California Water Code, Division 1, Chapter 8, Article 5, Section Public Utilities, 537-537.5, as amended by Senate Bill 7, water submetering shall be Water Engineering 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 included and recorded in the Master CC&Rs for the project. 27 All backflow equipment shall be located above ground and a minimum Public Utilities, 5 feet behind the property line in a manner fully screened from all Water Engineering public streets and alleys. Any backflow assemblies currently installed in a 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 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 the Water Engineering and Cross Connection Control Inspector. 28 All requests for new water services, backflow equipment, or fire lines, Public Utilities, as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 All existing water services and fire services shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and/or fire Water Engineering 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 be responsible for the costs to upgrade or to abandon any water service or fire line. 30 The Owner/Developer shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering 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. 31 Individual water service and/or fire line connections will be required Public Utilities, for each parcel or residential, commercial, industrial unit per Rule 18 Water Engineering of the City of Anaheim's Water Rates, Rules and Regulations. 32 Prior to the issuance of a building permit, the applicant shall submit Public Works draft Covenants, Conditions, and Restrictions (CC&Rs) that are Department, Traffic prepared by an authorized professional for review and approval by the Engineering City Engineer, Planning Director, and City Attorney, which will Division; generally provide for the following: a. A requirement that residents shall use designated parking area, Planning and including garages, only for the parking of vehicles. Building b. A provision that parking garages are subject to inspection by Department, the Association or City of Anaheim staff. Planning Division c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third -party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. e. A provision that restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT access, and minimum width for ingress/egress as required by the Fire Department. [SC TRN-5] 33 Prior to the issuance of a building permit, a detailed on -site lighting Planning and plan, including a photometric diagram, shall be submitted by project Building applicants and reviewed and approved by the Planning and Building Department, Director and Police Department prior to the issuance of building Planning Services permits. Such plan shall indicate style, illumination, location, height, Division and method of shielding so as not to adversely affect adjacent properties. [SC AE-71 34 Prior to issuance of a building permit for future development projects, Planning and the property owner/developer shall require the construction contractor Building and provide a note on construction plans indicating that: Department, • All coatings and solvents will have a volatile organic Planning Services compound (VOC) content lower than required under Rule 1113 Division (i.e., super compliant paints). • 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 application efficiency. • The construction contractor shall also use precoated/natural colored building materials, where feasible. The City shall verify compliance during normal construction site inspections. [SC AQ-61 35 Prior to issuance of each building permit, the property Planning and owner/developer shall demonstrate on plans that fuel -efficient models Building of gas -powered building equipment have been incorporated into the Department, proposed project to the extent feasible. [SC EN-71 Planning Services Division 36 Prior to issuance of a building permit, the property owner/developer Planning and shall incorporate feasible renewable energy generation measures into Building the project. These measures may include but not be limited to use of Department, renewable biofuels, solar and small wind turbine sources on new and Planning Services existing facilities and the use of solar powered lighting in parking Division areas. [SC EN-81 PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 37 Prior to the issuance of a building permit, the applicant shall submit Planning and draft Covenants Conditions and Restrictions (CC&Rs) that are Building prepared by an authorized professional for review and approval by the Department, City Engineer, Planning Director, and City Attorney, which provide Planning Services for the following: Division a. Establishment of a homeowners' association (HOA) for the maintenance and management of all common areas, such as Public Works private streets, shared improvements, landscaping, recreational Department, amenities, drainage facilities, and other commonly owned Sanitation facilities associated with the subdivision. The CC&Rs shall Operations Division include, at a minimum, provisions addressing maintenance responsibilities, architectural controls, enforcement mechanisms, and the City's right, but not obligation, to enforce the CC&Rs related to maintenance of common areas and compliance with project approvals. The approved CC&Rs shall be recorded and shall run with the land. b. Project shall include the Solid Waste Management Plan, including storage and designated collection areas, in the project Covenants Conditions and Restrictions (CC&R's). 38 A Fire Master Plan shall be submitted at the time that grading plans are Fire and Rescue submitted to Public Works for review and approval prior to building Department, permit issuance. The plan shall include (but not be limited to) Community Risk emergency vehicle site access, water availability and fire flow Reduction Division requirements, any interior laddering requirements, and fire protection features like fire sprinklers and alarms. [SC WF-51 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS FOR FUTURE RESIDENTIAL DEVELOPMENT Owner/Developer shall install an approved backflow prevention Public Utilities, assembly on the water service connection(s) serving the property, a Water Engineering 39 minimum of 5 feet behind the property line in accordance with Public Utilities Department Water Engineering Division requirements. All public improvements shall be constructed by the developer, Public Works 40 inspected and accepted by Construction Services prior to final building Department, and zoning inspection. Development Services Division All remaining fees/deposits required by the Public Works Department Public Works 41 must be paid in full. Department,Development Services Division PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Set all Monuments in accordance with the final map and submit all Public Works centerline ties to Public Works Department. Any monuments damaged Department, 42 as a result of construction shall be reset to the satisfaction of the City Development Engineer. Services Division Record Drawings/As-built Plans and Final Soils Report shall be Public Works 43 submitted for review and approval to the Department of Public Works, Department, Development Services Division. Development Services Division The WQMP Covenant shall be recorded in the office of the Orange Public Works County Recorder and incorporated into the Verified Final WQMP Department, 44 Submittal. The Verified Final WQMP shall be approved, all BMPs Development shall be constructed by the developer, inspected and accepted by Services Division Construction Services prior to final building and zoning inspection. All entrances to parking areas should be posted with appropriate signs Police Department, 45 per 22658(a) C.V.C. to assist in the removal of vehicles at the property Planning & Research owner's/manager's request. Unit Prior to approval of each final building and zoning inspection, the Planning and property owner/developer shall implement a program, as required, to Building reduce the demand on natural gas supplies. The Southern California Department, 46 Gas Company has developed several programs which are intended to Planning Services assist in the selection of most energy -efficient water heaters and Division furnaces. [SC EN-6] ON -GO NGDURING GRADING, CONSTRUCTIONAND OPERATIONS OFFUTURE RESIDENTIAL DEVELOPMENT The project shall be operated in accordance with the Project Narrative Planning and and Letter of Request submitted as part of this application. Any Building changes to the project as described in these documents shall be subject Department, 47 to review and approval by the Planning and Building Director to Planning Services determine substantial conformance with these documents, to Division determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, Water Engineering public utility easement or City easement area including but not limited 48 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 PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT shall be included in the recorded Master CC&Rs for the project and the City easement deeds. Adequate lighting of parking lots, circulation areas, aisles, Police Department, passageways, recesses, and grounds contiguous to buildings shall be Planning & Research provided with lighting of sufficient wattage to provide adequate Unit 49 illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Any address monument signage shall be positioned to be readable from Police Department, the main vehicular access point(s) without causing vehicular stacking. Planning & Research It shall be illuminated during the hours of darkness. Unit 50 a) Wayfinding signage (complex map) shall be positioned at the main vehicular entrances and at all pedestrian entry points in the complex. They shall be readable from the main vehicular point(s) without causing vehicular stacking. Permanent, temporary, and phased emergency access roads shall be Fire and Rescue designed and maintained to support an imposed load of 78,000 lbs. and Department, surfaced to provide all-weather driving capabilities. Fire hydrants shall Community Risk 51 meet minimum Fire Department Specifications and Requirements for Reduction Division spacing, distance to structure, and available fire flow. [SC WF-6, SC WF-71 GENERAL 52 The following minimum horizontal clearances shall be maintained Public Utilities, between the 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. PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. • 12-inch minimum vertical separation from other utilities. 53 No public water main or public water facilities shall be installed in Public Utilities, private alleys or paseo areas. Water Engineering 54 No public water mains or laterals allowed under parking stalls or Public Utilities, parking lots. Water Engineering 55 All CBC and CFC requirements shall be followed for permit issuance. Fire and Rescue Any fire permits which includes fire sprinklers, fire alarm, etc. shall be Department, submitted directly to Anaheim Fire Prevention Department. Community Risk Reduction Division 56 All new landscaping shall be installed by the owner/developer in Planning and conformance with Chapter 18.46 "Landscape and Screening" of the Building Anaheim Municipal Code and shall be maintained in perpetuity. Department, Landscaping shall be replaced by the applicant in a timely manner if Planning Services it is removed, damaged, diseased, and/or dead. Division 57 The Applicant/Owner shall defend, indemnify, and hold harmless the Planning and City and its officials, officers, employees and agents (collectively Building referred to individually and collectively as "Indemnitees") from any Department, and all claims, actions or proceedings brought against Indemnitees to Planning Services attack, review, set aside, void, or annul the decision of the Indemnitees Division concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 58 The premises shall be developed substantially in accordance with Planning and plans and specifications submitted to the City of Anaheim by the Building applicant, which plans are on file with the Planning Department, and Department, as conditioned herein. Planning Services Division PC2026-017 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 59 The Applicant/Owner is responsible for paying all charges related to Planning and the processing of this discretionary case application within 30 days of Building the issuance of the final invoice or prior to the issuance of building Department, permits for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. PC2026-017 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 July 13, 2026, by the following vote of the members thereof: AYES: Chairperson Walker and Commissioners Abdulrahman, Castro Perez, Kelly and Liberman NOES: ABSTAIN: ABSENT: Vice Chairperson Tran-Martin IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of July 2 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2026-017