Resolution-PC2026-020RESOLUTION NO. PC2026-020
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19446
TO CREATE A ONE -LOT CONDOMINIUM MAP FOR 90 FOR -SALE
TOWNHOMES, WHICH INCLUDE FIVE AFFORDABLE UNITS
FOR VERY LOW-INCOME HOUSEHOLDS (FIVE PERCENT) AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2025-00040)
(1041, 1057, 1071 NORTH KEMP STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for the approval of Tentative Tract Map No. 19446
(the "Proposed Project") on certain real property located at 1041, 1057, and 1071 North Kemp
Street 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 3.02-acres in area and comprised of three
parcels. The parcel located at 1041 North Kemp Street is developed with two commercial
structures, landscaping, and associated site improvements, while the parcels located at 1057 and
1071 North Kemp Street are improved with surface parking lots. The Property is designated for
Mixed -Use High land uses in the General Plan. The Property is in the "I" Industrial Zone and is
subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of
the Anaheim Municipal Code (the "Code"). Pursuant to subsection .105 of Section 18.10.030
(Uses) of the Code, single-family attached development may be permitted in the "I" 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 "MU-H" Mixed -Use High
Zones contained in Chapter 18.12 (Mixed -Use Zone); and
WHEREAS, subdivisions require a tentative tract map subject to the approval by the
Planning Commission pursuant to Subsection .010 of Section 17.08.100 (Advisory Agency Duties)
of Chapter 17.08 (Subdivisions); 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 Proposed Project was submitted pursuant to California Government Code
Section 65941.1 and Senate Bill 330 (SB 330), the Housing Crisis Act of 2019. The preliminary
application was deemed complete on October 20, 2025, and processed in accordance with the
requirements of State law; and
WHEREAS, pursuant to Government Code Section 65589.5(o)(2)(D), if construction of
the Project has not commenced within two and one-half years following the City's approval of the
Proposed Project, the protections established under the Housing Crisis Act will not preclude
application of ordinances, policies, and standards adopted after the filing of the preliminary
application, unless otherwise extended pursuant to State law; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 24, 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 Statutory Exemption as established by
Assembly Bill 130 (AB130) set forth in Public Resources Code Section 21080.66 in that the
Proposed Project qualifies as an infill housing development project that satisfies the eligibility
criteria because it consists of a residential development on a 3.02-acre urban infill site, exceeds the
minimum residential density required by the statute of 15 dwelling units per acre, is consistent
with the Mixed -Use High General Plan designation and applicable implementing zone, is served
by existing public infrastructure and services. The project site is not located within the Coastal
Zone, on protected agricultural land, wetlands, a high fire hazard severity zone, a state
responsibility area, a Cortese listed site, an earthquake fault zone, a special flood hazard area, lands
identified for conservation, habitat for protected species, or lands subject to a conservation
easement. The Proposed Project will not demolish a historic resource, does not include a hotel,
motel, bed and breakfast inn, or other transient lodging, is located more than 500 feet from a
freeway, and the required Native American tribal consultation process has been completed; and
WHEREAS, the Proposed Project also qualifies for a Class 15 — Minor Land Divisions
Categorical Exemption as set forth in Sections 15315 and 15300.2 of the CEQA Guidelines in that
the Proposed Project consists of the division of property in urbanized areas zoned for residential,
commercial, or industrial use into four or fewer parcels when the division is in conformance with
the General Plan and zoning, no variances or exceptions are required, all services and access to the
proposed parcels to local standards are available, the parcels were not involved in a division of a
larger parcel within the previous two years, and the parcel does not have an average slope greater
than 20 percent; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Statutorily Exempt pursuant to AB 130, Public Resources Code Section 21080.66 (Infill Housing
Projects), and Categorically Exempt per CEQA Guidelines, Section 15315 Class 15 — Minor Land
Divisions from the requirements to prepare additional environmental documentation because the
Proposed Project is a request to create a one -lot condominium subdivision to allow for future
construction of 90 for -sale townhome units in an urbanized area and designated for Mixed -Use
High land uses in the General Plan which permits residential uses. The proposed subdivision will
be in conformance with the General Plan and applicable development standards, with the
exception as those that are granted under State Density Bonus Law. Demolition of existing
commercial structures, ornamental landscaping, and associated parking areas will be required to
accommodate future residential development. Under subsection 18.10.030.105, the Code permits
- 2 - PC2026-020
4. That the site is physically suitable for the proposed density of development. The
Mixed -Use High General Plan designation will allow residential development at densities ranging
between 20 to 60 dwelling units per acre. The map is comprised of 3.02- acres that will allow
future development of 90 units at a density of 30 units per acre. Furthermore, as a flat, urban infill
site with no known physical constraints, the site will provide a suitable setting for the intended
residential development associated with the tentative tract map with access to public utilities and
vehicular connections. Except for the requested incentive and waiver pursuant to State Density
Bonus Law, the project will be designed to meet applicable development standards.
5. That the design of the subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. The project site was previously occupied by Anaheim Fullerton Towing and was
improved with existing structures, ornamental landscaping, and associated parking areas to
accommodate the former use. Additionally, as a flat, urban infill site located within an urbanized
area, there are no known or observed sensitive biological resources, riparian habitat, wetlands, or
other wildlife habitat.
6. That the design of the subdivision or type of improvements are not likely to cause
serious public health problems as the proposed subdivision will facilitate the development of a
future residential project that will be consistent with applicable development standards except for
the utilization of the Density Bonus parking ratios and the requested incentive and waiver pursuant
to State Density Bonus Law. The proposed improvements will not introduce hazardous conditions
or uses that will be detrimental to public health. The project will be subject to standard building,
fire, and public works requirements, ensuring that the future development will be constructed and
operated in a manner that protects public health and safety. Accordingly, the design of the
subdivision and associated improvements will not result in serious public health concerns.
7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large for access through or use of property within the
proposed subdivision. The tentative tract map has been designed to accommodate the access,
utility, and service infrastructure necessary to serve future residential development while
maintaining any existing public easements or relocating them, if necessary, through the appropriate
public improvement and subdivision process. Accordingly, the proposed subdivision will not
interfere with existing or future public access or utility easement rights; 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 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 Tentative Tract Map No. 19446, contingent upon
- 4 - PC2026-020
by right single-family attached development in the "I" 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. As such, the future
residential development will be considered to be a ministerial project, and no further CEQA
analysis, documentation, or environmental determination is required pursuant to Public Resources
Code Section 21080(b)(1) and Section 15268 of the CEQA Guidelines. Future improvements will
require issuance of construction permits to demonstrate compliance with all applicable State and
City codes, standards, and policies. Pursuant to Public Resources Code Section 21080.66 (Infill
Housing Projects) and Sections 15315 and 15300.2 of the CEQA Guidelines, no exceptions to the
exemption apply, there are no unusual circumstances in respect to the project for which staff would
anticipate a significant effect on the environment and, therefore, the proposed project is exempt
from the provisions 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 to approve Tentative Tract Map No. 19446, does find and
determine the following facts:
1. That the proposed map is consistent with the Mixed -Use High General Plan and the
Mixed -Use High implementing zone, which permits high -density single-family attached
developments. The subdivision will create a one -lot condominium subdivision to facilitate the
development and future sale of 90-unit townhomes, which will be consistent with the permitted
uses and intent of the General Plan designation. The project site is designated Mixed -Use High by
the General Plan and is subject to the corresponding Mixed -Use High implementing zoning
provisions.
2. That the design or improvement of the proposed subdivision is consistent with the
Mixed -Use High General Plan and Mixed -Use High implementing zone as the proposed one -lot
condominium subdivision facilitates the future development of a 90-unit residential project. The
project site consists of flat urban infill parcels with no known physical constraints and will be
adequately served by existing public utilities, internal circulation, and vehicular access from Kemp
Street. The map will be compatible with surrounding land uses, which include existing residential
neighborhoods to the west and east of the site. Accordingly, the design and improvements of the
proposed subdivision are consistent with the General Plan.
3. That the site is physically suitable for the type of development. The 3.02-acre project
site is of sufficient size to accommodate the future 90-unit residential townhome development,
including vehicular access, internal circulation, and public easements as necessary. To facilitate
the proposed density, the project includes utilization of the Density Bonus parking ratios and the
requested incentives and waivers pursuant to State Density Bonus Law, which modifies certain
development standards related to separating wall requirements and recreation -leisure area
development standards that otherwise constrain the residential development at the intended
density. The site design complies with the modified applicable development standards. The project
will be adequately served by existing public utilities and infrastructure. Accordingly, the site is
physically suitable for the proposed type of development.
- 3 - PC2026-020
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 tentative tract map 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 17.08.110 (Expiration of
Tentative Map 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
August 24, 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.
l
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2026-020
EXHIBIT "A"
DEV NO. 2025-00040
W LA PALMA AVE
ce, Rtcor o ed Tiac! i,,aps in'.1--rCity GIS
PC2026-020
EXHIBIT "B"
TENTATIVE TRACT MAP NO. 19446
(DEV2025-00040)
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].
Tribal Consultation
As required by AB 130, Tribal Consultation was conducted with all requesting tribes. Conditions
related to the Tribal Consultation are included as [TC].
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF DEMOLITION PERMIT
Prior to issuance of a demolition and/or a grading permit,
Planning and Building
applicants for development projects which will generate
Department,
construction -related fugitive dust emissions that exceed
Planning Services Division
applicable thresholds shall include, but are not limited to, the
mitigation measures recommended by SCAQMD's CEQA Air
Quality Handbook, to the extent feasible and applicable. The
measures shall be included as notes on the grading and/or
demolition plans:
• The area disturbed by clearing, grading, earth moving, or
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
1
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.
• 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.
PC2026-020
NO. I CONDITIONS OF APPROVAL I RESPONSIBLE
DEPARTMENT
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.
• 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
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
protection in accordance with California Division of
Occupational Safety and Health regulations. [SC AQ-2]
Prior to issuance of a demolition, grading permit, or building
Planning and Building
permit, whichever occurs first, if construction activity involves
Department,
tree removals or construction activities in proximity to trees, and
Planning Services Division
is timed to occur during the nesting season (typically February 1
2
through July 31), 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
building permit, whichever occurs first, a letter detailing the
Department,
proposed schedule for vegetation removal and building
Planning Services Division
3
demolition activities shall be submitted to the Planning and
Building Department, verifying that removal shall take place
between August 1 and January 31 to avoid the bird nesting
season. [SC BIO-91
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-
4
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 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
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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-10]
Prior to issuance of a demolition or grading permit, whichever
Planning and Building
occurs first, the applicant shall complete and submit a Phase I
Department,
5
Environmental Assessment, as defined in Section 78090 of the
Planning Services Division
Health and Safety Code, consistent with Public Resources Code
21080.66.
During demolition and grading activities, any crushing of
Planning and Building
existing habitat during the breeding season of the gnatcatcher
Department,
6
shall occur only under the supervision of a biological monitor
Planning Services Division
and other mitigation measures as required by CDFW may apply.
[SC BIO-41
PRIOR TO H P RECORDATION
The legal property owner/developer shall irrevocably offer to
Public Works Department,
dedicate to the City of Anaheim, for road, public utilities and
Development Services
other public purposes, the right-of-way easements described
Division
below:
7
a) 11 feet right-of-way easement dedication along the
property frontage of Kemp Street to achieve the ultimate
half street width of 36 feet from street centerline.
b) Variable right-of-way easement dedication within the
cul-de-sac area of Kemp Street per City Standard 166.
The legal property owner/developer shall irrevocably offer to
Public Works Department,
8
dedicate to the City of Anaheim an easement for emergency
Development Services
services and solid waste/trash collection along the interior
Division
private Courts, as shown on TTM 19446.
Reserve 20-foot private storm drain easement along the westerly
Public Works Department,
property line for an existing 36-inch storm drain line for the
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
benefit of the Industrial Park to the north of this site (Reference
Development Services
Storm Drain Plans #26759 and #26560) or the underlying parcel
Division
map and as shown on the TTM 19446.
All existing structures in conflict with the future property lines
Public Works Department,
10
shall be demolished. The developer shall obtain a demolition
Development Services
permit from the Building Division prior to any demolition work.
Division
The vehicular access rights to Kemp Street shall be restricted and
Public Works Department,
11
relinquished to the City of Anaheim except at the approved
Development Services
driveway opening shown on Tentative Tract Map No. (TTM)
Division
19446.
The developer shall pay all applicable development impact fees
Public Works Department,
12
required under the Anaheim Municipal Code.
Development Services
Division
The developer shall submit improvement plans for the
Public Works Department,
13
construction of required public improvements to the Public
Development Services
Works Development Services Division for review, approval, and
Division
to determine the bond amounts.
The parcel map shall be submitted to the City of Anaheim, Public
Public Works Department,
14
Works Development Services Division, and to the Orange
Development Services
County Surveyor for technical correctness review and approval.
Division
The developer shall execute a maintenance covenant with the
Public Works Department,
City of Anaheim in a form that is approved by the City Engineer
Development Services
and the City Attorney for the private improvements, including
Division
15
but not limited to private utilities, drainage devices, parkway
landscaping and irrigation, private street lights, etc., in addition
to maintenance requirements established in the Water Quality
Management Plan (WQMP) as applicable to the project. The
covenant shall be recorded concurrently with the Final Map.
Vacate/abandon the excess R/W easement located behind the
Public Works Department,
cul-de-sac ultimate right line by separate instrument process. The
Development Services
16
Owner/Developer shall submit an abandonment application to
Division
the City of Anaheim for approval and pay all applicable costs
associated with the abandonment/vacation process.
The applicant shall execute a Subdivision Agreement and submit
Public Works Department,
security in an amount acceptable to the City Engineer to
Development Services
guarantee construction of the public improvements required
Division
17
herein. Security deposit shall be in accordance to City of
Anaheim Municipal Code. The agreement shall be recorded
concurrently with the Parcel Map. The subdivision improvement
agreement will require City Council approval.
Provide a Monumentation bond in an amount specified in writing
Public Works Department,
18
by a Licensed Land Surveyor of Record.
Development Services
Division
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Prior to the map recordation for an Affordable For -sale Housing
Housing and Community
Development, Applicant/Owner shall execute and cause to be
Development Department
recorded against the Property the Housing Incentives
Agreement, and if required by the Housing Incentives
Agreement, a declaration of covenants, conditions and
19
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 GRADING PERMIT ISSUANCE
Prior to the issuance of a grading permit, applicants for future
Planning and Building
development projects which will generate construction -related
Department,
exhaust emissions shall ensure off -road diesel -powered
Planning Services Division
construction equipment greater than 50 horsepower meets
CARB Tier 4 Final off -road emissions standards. Requirements
for Tier 4 Final equipment shall be 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
20
(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 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]
City staff shall require property owners/developers to provide
Planning and Building
studies to document the presence/absence of historic resources
Department,
for areas with documented or inferred resource presence. On
Planning Services Division
21
properties where resources are identified, 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-11
City staff shall require property owners/developers to provide
Planning and Building
22
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
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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-21
The owner/developer shall obtain the required coverage under
Public Works Department,
California's General Permit for Stormwater Discharges
Development Services
associated with Construction Activity by providing a copy of the
Division
23
Notice of Intent (NOI) submitted to the State Resources Control
Board and a copy of the subsequent notification of the issuance
of a Waste Discharge Identification (WDID) number. [SC HYD-
31
Prior to the issuance of any grading permits, the project
Public Works Department,
proponent shall produce evidence acceptable to the Public
Development Services
Works, that:
Division
■ All construction vehicles or equipment, fixed or mobile,
operated within 500 feet of a noise -sensitive use, shall be
24
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]
Prior to the issuance of a grading permit, the owner/developer
Public Works Department,
shall execute a Save Harmless Agreement with the City of
Development Services
25
Anaheim for any storm drain connections to a City storm drain
Division
system. The agreement shall be recorded by the applicant on the
property rior to the issuance of any permits. [SC USS-161
Prior to the issuance of a grading permit, the owner/developer
Public Works Department,
shall submit a Water Quality Management Plan (WQMP) to the
Development Services
City for review and approval. The WQMP shall be consistent
Division
with the 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
26
maintenance and use of the proposed project that could affect the
quality of the storm water 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.
[SC USS-171
PC2026-020
NO. I CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
Prior to the issuance of a grading permit, Applicant/Owner shall Planning and Building
retain a Native American Monitor as follows: Department,
A. The project applicant/City shall retain aNative American Planning Services Division
Monitor from or approved by the Gabrieleno Band of
Mission Indians — Kizh Nation. The monitor shall be
retained prior to the commencement of any "ground -
disturbing activity" for the subject project at all project
locations (i.e., both on -site and any off -site locations that
are included in the project description/definition and/or
required in connection with the project, such as public
improvement work). "Ground -disturbing activity" shall
include, but is not limited to, demolition, pavement
removal, potholing, auguring, grubbing, tree removal,
boring, grading, excavation, drilling, and trenching.
B. A copy of the executed monitoring agreement shall be
submitted to the City prior to the earlier of the
commencement of any ground -disturbing activity, or the
issuance of any permit necessary to commence a ground -
disturbing activity.
C. The monitor will complete daily monitoring logs that will
provide descriptions of the relevant ground -disturbing
27 activities, the type of construction activities performed,
locations of ground -disturbing activities, soil types,
cultural -related materials, and any other facts,
conditions, materials, or discoveries of significance to
the Tribe. Monitor logs will identify and describe any
discovered tribal cultural resources, including but not
limited to, Native American cultural and historical
artifacts, remains, places of significance, etc.,
(collectively, tribal cultural resources, or "TCR"), as well
as any discovered Native American (ancestral) human
remains and burial goods. Copies of monitor logs will be
provided to the project applicant/City for review prior to
the start of ground -disturbing activities and upon
conclusion of on -site tribal monitoring.
D. On -site tribal monitoring shall conclude upon the latter
of the following (1) written confirmation to the
Gabrieleno Band of Mission Indians — Kizh Nation from
a designated point of contact for the project
applicant/City that all ground -disturbing activities and
phases that may involve ground -disturbing activities on
the project site or in connection with the project are
complete; or (2) a determination and written notification
PC202f-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
by the Gabrieleno Band of Mission Indians — Kizh Nation
to the project applicant/City that no future, planned
construction activity and/or development/construction
phase at the project site possesses the potential to impact
TCRs. [TC-1]
Unanticipated Discovery of Tribal Cultural Resource Objects
Planning and Building
(Non-Funerary/Non-Ceremonial): In the event that previously
Department,
unidentified tribal cultural resources are discovered, the
Planning Services Division
qualified project archaeologist and the monitor shall have
authority to divert or temporarily halt ground -disturbance
operation in the immediate vicinity of the discovery (i.e., not less
than the surrounding 50 feet) to allow for the evaluation of the
resource(s). The qualified project archaeologist shall contact the
28
City at the time of discovery. Upon resource evaluation, the
qualified project archaeologist and monitor shall determine a
buffer radius to allow construction to continue outside the area
of finding, and also determine a date when construction can
resume within the area of finding. The Gabrieleno Band of
Mission Indians — Kizh Nation will recover and retain all
discovered TCRs in the form and/or manner the Tribe deems
appropriate, in the Tribe's sole discretion, and for any purpose
the Tribe deems appropriate, including for educational, cultural
and/or historic purposes. TC-2]
Unanticipated Discovery of Human Remains and Associated
Planning and Building
Funerary or Ceremonial Objects:
Department,
A. Native American human remains are defined in Public
Planning Services Division
Resources Code Section 5097.98 (d)(1) as an inhumation
or cremation, and in any state of decomposition or
skeletal completeness. Funerary objects, called
associated grave goods in Public Resources Code Section
5097.98, are also to be treated according to this statute.
B. If Native American human remains and/or grave goods
29
are discovered or recognized on the project site, then
Public Resource Code 5097.9 as well as Health and
Safety Code Section 7050.5 shall be followed.
C. Human remains and grave/burial goods shall be treated
alike per California Public Resources Code Sections
5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the preferred
manner of treatment for discovered human remains
and/or burial goods.
Any discovery of human remains/burial goods shall be kept
confidential to prevent further disturbance. [TC-3]
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Prepare and submit a final grading plan showing building
Public Works Department,
footprints, pad elevations, finished grades, drainage routes,
Development Services
30
retaining walls, erosion control, slope easements and other
Division
pertinent information in accordance with Anaheim Municipal
Code and the California Building Code, latest edition.
Prepare and submit a final drainage study, including supporting
Public Works Department,
hydraulic and hydrological data to the City of Anaheim for
Development Services
review and approval. The study shall confirm or recommend
Division
changes to the City's adopted Master Drainage Plan by
identifying off -site and on -site storm water runoff impacts
31
resulting from build -out of permitted General Plan land uses. In
addition, the study shall identify the proj ect'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.
All required plans and studies shall be prepared by a Registered
Public Works Department,
32
Professional Engineer.
Development Services
Division
Submit a Preliminary Geotechnical Report to the Public Works
Public Works Department,
33
Development Services Division for review and approval. The
Development Services
report shall address any proposed infiltration features of the
Division
WQMP.
PRIOR TO BUILDING PERMIT ISSUANCE
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
34
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
Prior to the issuance of building permits, a detailed on -site
Planning and Building
lighting plan, including a photometric diagram, shall be
Department,
submitted by project applicants and reviewed and approved by
Planning Services Division
35
the Planning and Building Director and Police Department prior
to the issuance of building permits. Such plan shall indicate style,
illumination, location, height, and method of shielding so as not
to adversely affect adjacent properties. [SC AE-7]
PC2026-020
NO. CONDITIONS OF APPROVAL I RESPONSIBLE
DEPARTMENT
36
Prior to the issuance of building permits, the property
owner/developer for future development projects shall submit a
Health Risk Assessment (HRA) prepared in accordance with
policies and procedures of the state Office of Environmental
Health Hazard Assessment (OEHHA) and the SCAQMD for
projects within:
1) 1,000 feet from the truck bays of an existing distribution
centers that accommodate more than 100 trucks per day,
more than 40 trucks with operating transport
refrigeration units, or where transport refrigeration unit
operations exceed 300 hours per week;
2) 1,000 feet of an industrial facility which emits toxic air
contaminants; or
3) 500 feet of I-5, SR-91, SR-57, or SR-55.
The HRA shall be submitted to the City Planning Department
prior to issuance of building permits for any residential or
residential mixed -use project. If the HRA shows that the
incremental cancer risk exceeds one in 100,000 (1.0E-05), or the
appropriate noncancer hazard index exceeds 1.0, or if the PM10
or PM2.5 exceeds the air district localized significance threshold
over a 24-hour period of 2.5 µg/m3, the HRA shall identify the
level of high -efficiency Minimum Efficiency Reporting Value
(MERV) filter required to reduce indoor air concentrations of
pollutants to achieve the cancer and/or noncancer and/or the 25-
hour PM10 or PM2.5 threshold of 2.5 µg/m3. Heating,
ventilation, and air conditioning systems for units that are
installed with MERV filters shall maintain positive pressure
within the building's filtered ventilation system to reduce
infiltration of unfiltered outdoor air. The property
owner/developer shall be required to install high efficiency
MERV filters in the intake of residential ventilation systems,
consistent with the recommendations of the HRA. Heating, air
conditioning and ventilation (HVAC) systems shall be installed
with a fan unit power designed to force air through the MERV
filter. To ensure long-term maintenance and replacement of the
MERV filters in the individual units, the following shall occur:
■ The developer, sale, and/or rental representative shall
provide notification to all affected tenants/residents of
the potential health risk for affected units.
■ For rental units, the owner/property manager shall
maintain and replace MERV filters in accordance with
Planning and Building
Department,
Planning Services Division
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
the manufacturer's recommendations. The property
owner shall inform renters of increased risk of exposure
to diesel particulates when windows are open.
■ For residential owned units, the Homeowner's
Association (HOA) shall incorporate requirements for
long-term maintenance in the Covenant Conditions and
Restrictions (CC&Rs) and inform homeowners of their
responsibility to maintain the MERV filter in accordance
with the manufacturer's recommendations. The HOA
shall inform homeowners of increased risk of exposure
to diesel particulates when windows are open.
■ For projects within 500 feet of the freeway, air intake on
residential buildings shall be placed as far from the
freeway as possible.
■ For projects within 500 feet of the freeway, the
residential buildings should be designed to limit the use
of operable windows and/or balconies on portions of the
site adjacent to and facing the freeway. [SC AQ-8]
Prior to issuance of a building permit for future development
Planning and Building
projects, the property owner/developer shall require the
Department,
construction contractor and provide a note on construction plans
Planning Services Division
indicating that:
• All coatings and solvents will have a volatile organic
compound (VOC) content lower than required under
Rule 1113 (i.e., super compliant paints)_
• All architectural coatings shall be applied either by (1)
using a high -volume, low-pressure spray method
37
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
Prior to issuance of a building permit, the property
Planning and Building
38
owner/developer shall incorporate feasible renewable energy
Department,
generation measures into the project. These measures may
Planning Services Division
include but not be limited to use of renewable biofuels, solar and
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
small wind turbine sources on new and existing facilities and the
use of solar powered lighting in parking areas. [SC EN-81
Prior to the issuance of a building permit, the owner/developer
Public Works Department,
shall submit draft Covenants Conditions and Restriction
Traffic Engineering
(CC&Rs) that are prepared by an authorized professional for
Division;
review and approval by the City Engineer, Planning and Building
Director, and City Attorney, which will generally provide for the
Planning and Building
following:
Department,
• A requirement that residents shall use designated parking
Planning Services Division
area, including garages, only for the parking of vehicles.
• A provision that parking garages are subj ect 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
39
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]
• 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 access, and/or minimum width for
ingress/egress as required by the Fire Department.
Prior to the issuance of a building permit, the applicant shall
Planning and Building
submit draft Covenants Conditions and Restrictions (CC&Rs)
Department,
that are prepared by an authorized professional for review and
Planning Services Division
approval by the City Engineer, Planning Director, and City
Attorney, which provide for the establishment of a homeowners'
Public Works Department,
association (HOA) for the maintenance and management of all
Development Services
40
common areas, such as private streets, shared improvements,
Division
landscaping, recreational amenities, drainage facilities, and other
commonly owned facilities associated with the subdivision. The
CC&Rs shall 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
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
compliance with project approvals. The approved CC&Rs shall
be recorded and shall run with the land.
A Fire Master Plan shall be submitted at the time that grading
Fire and Rescue
plans are submitted to Public Works for review and approval
Department,
prior to building permit issuance. Plan shall include (but not be
Community Risk
41
limited to) emergency vehicle site access, water availability and
Reduction Division
fire flow requirements, any interior laddering requirements, and
fire protection features like fire sprinklers and alarms. [SC WF-
5]
Permanent, temporary, and phased emergency access roads shall
Fire and Rescue
be designed and maintained to support an imposed load of
Department,
42
78,000 lbs. and surfaced to provide all-weather driving
Community Risk
capabilities. Fire hydrants shall meet minimum Fire Department
Reduction Division
Specifications and Requirements for spacing, distance to
structure, and available fire flow. [SC WF-6 & WF-7]
Record Tract Map No.19446 pursuant to the Subdivision Map
Public Works Department,
43
Act and in accordance with City Code. Provide a duplicate photo
Development Services
Mylar of the recorded map to the City Engineer's office.
Division
Provide a certificate, from the project's Registered Civil
Public Works Department,
44
Engineer, certifying that the rough grading for the building
Development Services
pad(s) has been completed in accordance with the City approved
Division
grading plan.
Design per City Standards full improvements for all impacted
Public Works Department,
and interior streets/facilities in accordance with City Code,
Development Services
Standards and Specifications. Such improvements shall include
Division
but not be limited to the following:
a) Public sidewalk improvements along the property
frontage of Kemp Street.
b) Parkway landscaping with irrigation along the property
frontage of Kemp Street.
c) Street widening along the project frontage of Kemp
Street and as shown on TTM 19446.
45
d) New curb and gutter along the property frontage of Kemp
Street and as shown on Tract Map No.19446.
e) A parkway drain.
f) Commercial driveway per city Standard 115-13.
g) Grind and overlay of the entire Kemp Street cul-de sac
bulb area including curb to curb to the southerly property
limit line due street widening, frontage improvements
and utilities cuts. The limits of the pavement grind and
overlay to be determined during the submittal and review
of the final engineering and improvement plans to the
satisfaction of the City Engineer.
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
h) Remove the existing substandard 6-inch sewer main in
Kemp Street and install new minimum 8-inch sewer main
from the Kemp Street cul-de-sac area to La Palma
Avenue per City Standards.
All onsite sewer lines shall be privately owned and maintained
Public Works Department,
46
by the property owner/HOA and shall be designed according to
Development Services
the current CA Building/Plumbing Code, and shall be submitted,
Division
reviewed and approved by the Building Division.
A Right of Way Construction Permit shall be obtained from the
Public Works Department,
47
Development Services Division for all work performed in the
Development Services
public right-of-way.
Division
All Landscape plans shall comply with the City of Anaheim
Public Works Department,
48
adopted Landscape Water Efficiency Guidelines. This ordinance
Development Services
is in compliance with the State of California Model Water
Division
Efficient Landscape Ordinance (AB 1881).
Submit an interim soils report indicating pad compaction and site
Public Works Department,
49
stability prepared by the project's Geotechnical Engineer of
Development Services
Record. The pad compaction report shall include a site plan
Division
showing the compaction testing locations.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
The owner/developer shall file Emergency Listing Card, Form
Police Department,
APD-281, with the Police Department, available at the Police
Planning & Research Unit
50
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-12]
Emergency responder radio coverage (BDA/DAS) shall be
Fire and Rescue
provided for the proposed new building(s) if determined to be
Department,
51
warranted based on an analysis performed by a qualified radio-
Community Risk
frequency professional to the satisfaction of the Fire and Rescue
Reduction Division
Department. [SC WF-8]
Association and/or Owner shall install screening for all ground-
Planning and Building
52
mounted equipment otherwise visible from the public right -of-
Department,
way.
Planning Services Division
All public improvements shall be constructed by the developer,
Public Works Department,
53
inspected and accepted by Construction Services prior to final
Development Services
building and zoning inspection.
Division
All remaining fees/deposits required by the Public Works
Public Works Department,
54
Department shall be paid in full.
Development Services
Division
55
Set all Monuments in accordance with the final map and submit
Public Works Department,
all centerline ties to Public Works Department. Any monuments
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
damaged as a result of construction shall be reset to the
Development Services
satisfaction of the City Engineer.
Division
Record Drawings and As -Built Plans shall be submitted for
Public Works Department,
56
review and approval to the Department of Public Works,
Development Services
Development Services Division.
Division
The WQMP Covenant shall be recorded in the Office of the
Public Works Department,
Orange County Recorder and incorporated into Verified Final
Development Services
57
WQMP Submittal. The Verified Final WQMP shall be approved,
Division
all BMP's shall be constructed by the developer, inspected and
accepted by Construction Services prior to final building and
zoning inspection
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
Prior to issuance of certificate of occupancy, the following shall
Planning and Building
apply, consistent with Public Resources Code 21080.66, if
Department,
applicable:
Planning Services Division
a) If a recognized environmental condition is found, the
applicant shall complete a preliminary endangerment
assessment, as defined in Section 78095 of the Health
and Safety Code, prepared by an environmental assessor
to determine the existence of any release of a hazardous
substance on the site and to determine the potential for
exposure of future occupants to significant health
hazards from any nearby property or activity.
58
b) If a release of a hazardous substance is found to exist on
the site, the release shall be removed or any effects of the
release shall be mitigated to levels required by current
federal and state statutory and regulatory standards
before the local government issues a certificate of
occupancy.
c) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the
effects of the potential exposure shall be mitigated to
levels required by current federal and state statutory and
regulatory standards before the local government issues
a certificate of occupancy.
ON -GOING DURING GRADING, CONSTRUCTIONAND OPERATIONS
The owner/developer shall ensure that the exterior of the
Planning and Building
59
building and parking lot shall be illuminated during all hours of
Department,
darkness. [SC AE-31
Planning Services Division
60
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,
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Planning Services Division
Permanent, temporary, and phased emergency access roads shall
Fire and Rescue
be designed and maintained to support an imposed load of
Department,
61
78,000 lbs. and surfaced to provide all-weather driving
Community Risk
capabilities. Fire hydrants shall meet minimum Fire Department
Reduction Division
Specifications and Requirements for spacing, distance to
structure, and available fire flow. [SC WF-6 & WF-71
That curbs adjacent to the drive aisles shall be painted red to
prohibit parallel parking in the drive aisles. Additionally,
Public Works Department,
62
on Kemp Street, the street curb shall be painted red within the
Traffic Engineering
cul-de-sac portion of the property frontage. Red curb locations
Division
shall be clearly labeled on building, grading, and/or right-of-way
construction plans.
GENERAL
The project shall be operated in accordance with the Project
Planning and Building
63
Request and Description letter submitted as part of this
Department,
application.
Planning Services Division
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,
64
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.
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
or any of the proceedings, acts or determinations taken, done, or
65
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.
PC2026-020
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
The premises shall be developed substantially in accordance
Planning and Building
66
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.
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
67
issuance of building permits for this project, whichever occurs
first. Failure to pay all charges shall result in delays in the
issuance of required permits or may result in the revocation of
the approval of this application.
This project was processed under provisions of California
Planning and Building
Government Code Section 65941.1 and Senate Bill 330. The
Department,
preliminary application established the applicable zoning,
Planning Services Division
development standards, and fees for purposes of the protections
provided under SB 330, based on the regulations in effect as of
October 20, 2025. These protections would no longer apply if an
exception per Government Code §65589.5(o)(2) is triggered. As
68
such, pursuant to Government Code §65589.5(o)(2), the City
shall be allowed to apply ordinances, policies, standards and fees
adopted after the date of the preliminary application submittal if
the project does not commence construction within 2.5 years
following the date the project received final approval (March 4,
2029), or if the project is revised in such way that the number of
residential units or square footage of construction changes by 20
percent or more. In such circumstances, additional City review
and approval may be required.
PC2026-020
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 August 24, 2026, by the following vote
of the members thereof:
AYES: Chairperson Castro, Commissioners Lieberman, Perez, Tran-Martin, and Walker
NOES: Commissioner Abdulrahman
ABSTAIN: Commissioner Kelly
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of August 2026.
V' t rib U 1 Y UP ANAf4h1M
PC2026-020