Resolution-PC 2014-034RESOLUTION NO. PC2014 -034
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM AND APPROVING CONDITIONAL USE PERMIT
NO. 2012 -05597 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV201 1 -00110)
(200 -282 NORTH LEMON STREET, 107 -127 WEST LINCOLN AVENUE AND
120 WEST CYPRESS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2012-
05597 to construct a mixed -use project with 220 apartments and 18,000 square feet of
commercial retail uses (the "Project ") for certain real property located at 200 -282 North Lemon
Street, 107 -127 West Lincoln Avenue and 120 West Cypress Street in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 4.29- acres, is developed with a
vacant building and a parking lot. A portion of the Property is located in the T (Transition)
Zone. The remainder of the Property is located in the C -G (General Commercial) Zone.
Conditional Use Permit No. 2012 -05597 is proposed in conjunction with Reclassification No.
2012 - 00248, which is a request to rezone or reclassify the entirety of this property into the C -G
(General Commercial) Zone and to add the Mixed Use (MU) Overlay Zone to the Property,
which will apply in addition to and, where inconsistent with, shall supersede the corresponding
regulations of the underlying CG (General Commercial) Zone. The Anaheim General Plan
designates the Property for Mixed Use land uses; 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 (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration ( "MND ") was prepared to
evaluate the physical environmental impacts of the proposed Project. The MND was circulated
for a 30 -day public review period from January 28, 2013 through February 26, 2013. A
complete copy of the MND is on file and can be viewed in the City's Planning Department and is
also available for purchase; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a Mitigation Monitoring Program ( "MMP ") has been prepared for the
proposed Project and includes mitigation measures that are specific to the proposed Project; and
-1- PC2014 -034
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 21, 2013 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against proposed Reclassification No. 2012 -00248 and Conditional Use Permit No. 2012-
05597 and to investigate and make findings and recommendations in connection therewith. The
hearing was continued indefinitely to allow time to address issues raised during the public
hearing; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 21, 2014 at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence and testimony concerning the contents
and sufficiency of the MND and for and against the proposed Project and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did receive evidence and
reports, including any written and verbal comments received during the public review period
concerning the contents and sufficiency of the MND and responses thereto; and
WHEREAS, based upon a review of the Project and the MND, this Planning Commission
finds that (i) the MND reflects the independent judgment and analysis of the City; (ii) it has
considered the proposed MND and MMP together with any comments and responses received
during the public review process; (iii) potentially significant impacts of the proposed Project
have been eliminated or reduced to a level considered less than significant with the
implementation of the mitigation measures contained in the MMP; and (iv) there is no substantial
evidence that the proposed Project will have a significant effect on the environment; 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 pertaining to the request for Conditional Use Permit No. 2012 -05597 to construct
the proposed Project, does find and determine the following facts:
1. The proposed Project is properly one for which a conditional use permit is
authorized by Section 18.32.030.120 (Uses) of the Zoning Code.
2. The proposed Project would not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located. The Project complies
with and implements the City's General Plan and mitigation measures have been included to
reduce or eliminate and potential impacts.
3. The size and shape of the site is adequate to allow the full development of the
proposed Project, in a manner not detrimental to either the particular area or health and safety
because the site can accommodate the parking, traffic, and circulation without creating
detrimental effects on adjacent properties.
-2- PC2014 -034
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
vehicular circulation is designed to minimize impacts on the surrounding properties.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim because the project
has been designed to minimize impacts on the surrounding properties.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Anaheim, based upon the foregoing findings and recitals, as follows:
1. The Planning Commission hereby adopts the MND and the MMP and does find
and determine their adequacy to serve as the required environmental documentation for the
proposed Project.
2. The Planning Commission does hereby approve Conditional Use Permit No.
2012- 05597, subject to the approval of Reclassification No. 2012- 00248, now pending, and
subject to compliance with the conditions of approval described in Exhibit B attached hereto and
incorporated herein by this reference, which are hereby found to be a necessary prerequisite to
the proposed use of the Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Extensions for further time to complete conditions of approval
may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with
conditions of approval may be amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original intent and purpose of the
conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated
significant progress toward establishment of the use or approved development.
3. Any amendment, modification or revocation of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -
Initiated Revocation or Modification of Permits) of the Code.
4. The 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.
5. Approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Zoning Code of the City of Anaheim 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.
6. The applicant is responsible for paying all charges related to the processing of this
discretionary case application within 15 days of the issuance of the final invoice. Failure to pay
all charges shall result in the revocation of the approval of this application.
-3- PC2014 -034
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 21, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of
the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal.
11.- . 6/
vmv�� h'l
CHAIR, ANAHEIM CITY PLANNIN OMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on April 21, 2014, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of April, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2014 -034
EXHIBIT "A"
DEV N4. 2011 -00110
AP: 255- 081 -04
255- 081 -06
255 - 081 -05
255 - 081 -03�4�
255 -081 -02
255- 081 -01
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
-5- PC2014 -034
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05597 AND
MITIGATION MONITORING PROGRAM NO. 310
(DEV2011- 00110)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO ISSUANCE OF GRADING PERMITS
1
Per the requirements of the General Permit for Discharges of Storm
Public
Water Associated with Construction Activity (Construction General
Works,
Permit Order 2009 - 0009 -DWQ), a Stormwater Pollution Prevention
Development
Plan (SWPPP) for the proposed project shall be prepared and include a
Services
sufficient number of erosion control Best Management Practices
(BMPs) are implemented during the construction phase to ensure that
potential erosion issues are adequately addressed. BMPs shall include
the following, or similar, efforts: fiber rolls, street sweeping, sandbag
barriers, straw bale barriers, and storm drain inlet protection. MM
HYD -1
2
Prior to issuance of the grading permit and right -of -way construction
Public
permit for the storm drain and sewer, whichever occurs first, a Save
Works,
Harmless agreement in -lieu of an Encroachment Agreement is
Development
required to be executed, approved by the City and recorded by the
Services
applicant on the property for any storm drains connecting to a City
storm drain.
3
The applicant shall submit to the Public Works
Public
Department /Development Services for review and approval a Final
Works,
Water Quality Management Plan that:
Development
• Addresses Site Design Best Management Practices (BMPs) such
Services
as minimizing impervious areas, maximizing permeability,
minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as
defined in the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long -term operation and maintenance requirements
for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long -term
operation and maintenance of the Treatment Control BMPs, and
• Describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
4
Per the requirements of the General Permit for Discharges of Storm
Public
Water Associated with Construction Activity (Construction General
Works,
Permit Order 2009 - 0009 -DWQ), a Stormwater Pollution Prevention
Development
Plan (SWPPP) for the proposed project shall be prepared and include a
Services
sufficient number of erosion control Best Management Practices
(BMPs) are implemented during the construction phase to ensure that
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
potential erosion issues are adequately addressed. BMPs shall include
the following, or similar, efforts: fiber rolls, street sweeping, sandbag
barriers, straw bale barriers, and storm drain inlet protection.
PRIOR TO FINAL MAP APPROVAL
5
The Developer /Property owner shall acquire in fee (or as approved by
Public
City Engineer) from the legal owner that portion of land that is in
Works,
excess outside of the ultimate street right -of -way for Lincoln Avenue
Development
and Anaheim Boulevard for the entire frontage of the project along
Services
these streets. The legal owner shall dedicate to the City of Anaheim
ultimate right -of -way easements fifty five (55) feet in width for road,
public utilities and other public purposes along Lincoln Avenue and
Anaheim Boulevard for the entire frontage of the project along these
streets.
6
The legal property owner shall irrevocably offer to dedicate to the City
Public
of Anaheim an easement for street, public utility and other public
Works,
purposes for the widening of Cypress Street and Lemon Street to their
Development
ultimate right -of -way width of 30 feet and 28.75 feet from the street
Services
centerlines, respectively.
7
A maintenance covenant shall be submitted to the Subdivision Section
Public
and approved by the City Attorney's office. The covenant shall include
Works,
provisions for maintenance of private facilities, including compliance
Development
with approved Water Quality Management Plan, and a maintenance
Services
exhibit. Maintenance responsibilities shall include parkway landscaping
and irrigation on Anaheim Blvd, Lincoln Avenue, Lemon Street and
Cypress Street. The covenant shall be recorded concurrently with the
final map.
8
Street improvement plans shall be submitted for all required public
Public
works improvements; including traffic signal and related
Works,
improvements, striping, storm drain, sewer, landscape and irrigation
Development
improvements, in Lincoln Avenue, Lemon Street, Anaheim Blvd and
Services
Cypress Street to the Public Works Department/Development Services.
A bond shall be posted in an amount approved by the City Engineer
and in a form approved by the City Attorney prior to final map
approval. The improvements shall be constructed prior to final
building and zoning inspections.
9
The property owner shall execute a Subdivision Agreement, in a form
Public
approved by the City Attorney, to complete the required public
Works,
improvements at the legal property owner's expense. Said agreement
Development
shall be submitted to the Public Works Department, Subdivision Section
Services
approved by the City Attorney and City Engineer.
10
All parcels shall be assigned street addresses by the Building Division.
Public
Works,
Development
Services
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
11
All existing structures shall be demolished. The developer shall obtain a
Public
demolition permit from the Building Division.
Works,
Development
Services
PRIOR TO ISSUANCE OF BUILDING PERMITS
12
That prior to issuance of building permits, plans shall specifically
Public
indicate that all vehicular ramps and grades conform to all applicable
Works,
Engineering Standards.
Traffic
Engineering
13
That prior to issuance of the a building permit for the parking
Public
structure, plans shall demonstrate that at -grade ducts and overhead
Works,
pipes shall not encroach in the parking space areas or required vehicle
Traffic
clearance areas.
Engineering
14
The final map shall be submitted to and approved by the City of
Public
Anaheim and the Orange County Surveyor and then shall be recorded
Works,
in the Office of the Orange County Recorder.
Development
Services
15
Prior to the issuance of a building permit, onsite soil classified as
Fire
hazardous waste in California by virtue of having greater than 1,000
Department
mg /kg total lead concentration shall be evaluated and disposed at a
State approved disposal site. MM HAZ -la
16
Prior to the issuance of a building permit, shallow soils from the
Public
historical industrial use located in the southeast and southwest
Works,
portions of the project site (with the highest density of sampling
Development
locations documenting lead between 80 mg /kg and 1,000 mg /kg) shall
Services,
be relocated to underneath the footprint of the future parking structure.
Building
MM HAZ -lb
Division and
DTSC
17
Prior to the issuance of a building permit, the soils with lead
Public
concentration below 80 mg /kg shall be re- graded and compacted in the
Works,
top 5 to 7 feet bgs. MM HAZ -1 c
Development
Services,
Building
Division and
DTSC
18
Prior to the issuance of a building permit, sampling under the footprint
Public
of new residential area(s) shall be conducted to confirm and document
Works,
that no residual soil with lead in excess of 80 mg /kg is located under
Development
the foundation of the proposed building locations. MM HAZ -1d
Services,
Building
Division and
DTSC
19
Double or extra - strength windows and doors with an STC rating of 22
Planning
or higher shall be installed in all residential units adjacent to Lincoln
Department,
-8- PC2014 -034
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
Avenue. Interior noise levels must then be checked to ensure interior
Building
noise levels are at or below 45 dB (CNEL). Where it is necessary that
Division
windows be closed in order to achieve the required level, means shall
be provided for ventilation/cooling shall be included to provide a
habitable environment. MM NOI -1
20
Windows shall be installed with glazing ratings as identified in Table 4
Planning
found in the letter from Veneklasen Associates dated January 8, 2014.
Department,
This letter has been included as an attachment to the staff report.
Building
Division
21
Prior to final building and zoning inspection, the property
Public
owner /developer shall construct a median diverter on Anaheim
Works,
Boulevard at Cypress Street, including all appropriate signage and
Traffic
striping. This median diverter shall allow left turns in the northbound
Engineering
and southbound directions of Anaheim Boulevard onto Cypress Street,
but shall prohibit left turns and through movements eastbound and
westbound on Cypress Street. MM TRAN -1
22
Prior to the issuance of an occupancy permit, the developer /owner
Public
shall submit to the Public Utilities Water Engineering an estimate of
Utilities,
the maximum fire flow rate and maximum day and peak hour water
Water
demands for the project. This information will be used to confirm the
Engineering
adequacy of the existing water system to provide the estimated water
demands. In the unlikely event that off -site water system
improvements are required to serve the project, they shall be provided
in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules,
and Regulations. MM USS -1
23
Prior to approval of permits for improvement plans, the property
Public
owner /developer shall coordinate with Electrical Engineering to
Utilities,
establish electrical service requirements and submit electric system
Electrical
plans, electrical panel drawings, site plans, elevation plans, and related
Engineering
technical drawings and specifications.
24
That this project has a landscaping area exceeding 2,500 square feet
Public
and a separate irrigation meter shall• be installed in compliance with
Utilities,
the Landscape Water Efficiency Guidelines.
Water
Engineering
25
The property owner shall irrevocably offer to dedicate to The City of
Public
Anaheim an easement twenty feet in width for water service mains
Utilities,
and /or an easement for large meters or other public facilities.
Water
Engineering
26
Lockable pedestrian and /or vehicular access gates shall be equipped
Fire
with Knox devices as required and approved by the Fire Department.
Department
27
A fire alarm system shall be designed, installed and maintained as
Fire
required by the Fire Department.
Department
-9- PC2014 -034
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
28
Fire hydrants shall meet minimum Fire Department Specifications
Fire
and Requirements for spacing, distance to structure and available
Department
fire flow.
29
An all- weather access road as approved by the Fire Department
Fire
shall be provided during construction.
Department
30
An automatic fire sprinkler system shall be designed, installed and
Fire
maintained as required by the Fire Department. This item shall be
Department
shown on plans submitted for building permits.
31
All requests for new water services or fire lines as well as any
Public
modifications, relocations, or abandonments of existing water services
Utilities,
and fire lines shall be coordinated through the Water Engineering
Water
Division of the Public Utilities Department.
Engineering
32
All existing water services and fire lines shall conform to current
Public
Water Services Standards Specifications. Any water service and /or
Utilities,
fire line that does not meet current standards shall be upgraded if
Water
continued use is necessary or abandoned if the existing service is no
Engineering
longer needed. The owner /developer shall be responsible for the costs
to upgrade or to abandon any water service or fire line.
33
The owner /developer shall irrevocably offer to dedicate to the City of
Public
Anaheim (i) an easement for all large domestic above - ground water
Utilities,
meters and fire hydrants, including a five (5) -foot wide easement
Water
around the fire hydrant and /or water meter pad. (ii) a twenty (20) foot
Engineering
wide easement for all water service laterals all to the satisfaction of the
Water Engineering Division. The easements shall be granted on the
Water Engineering Division of the Public Utilities Department's
standard water easement deed. The easement deeds shall include
language that requires the owner to be responsible for restoring any
special surface improvements, other than asphalt paving, including but
not limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of all
surface improvements other than asphalt paving shall be the
responsibility of the owner.
34
The developer /owner shall submit to the Public Utilities Department,
Public
Water Engineering Division an estimate of the maximum fire flow
Utilities,
rate and sprinkler demand, and maximum day and peak hour water
Water
demands for the project. This information will be used to determine
Engineering
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.6 of
the Water Utility Rates, Rules and Regulations.
-10- PC2014 -034
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
35
Exhibit `B" of this document containing the conditions of approval
Planning
and mitigation measures associated with this entitlement shall be
Department,
prominently displayed on plans submitted for grading and building
Planning
permits.
Services
ONGOING DURING PROJECT CONSTRUCTION
36
During project construction, the developer shall require painting
Planning
contractors to use only paints and coatings with no more than 100
Department,
grams /liter of volatile organic compound (VOC) for exterior
Building
applications and no more than 50 grams /liter of VOC for interior
Division
applications. For a list of low VOC paints, see Website:
www.ggmd.gov /prdas /brochures /paintguide.html MM AQ -1
37
During project construction, the developer shall require painting
Planning
contractors to phase paints and coatings applications such that no
Department,
more than 2.5 percent of project facilities are under active application
Building
on any one day. This measure results in an estimated 42 -day
Division
architectural coatings phase. MM AQ -2
38
The applicant /developer shall retain a qualified professional (e.g.,
Planning
archaeologist, historian, architect, paleontologist), subject to approval
Department,
by the City of Anaheim and this monitor shall be present to ensure that
Planning
all earthmoving activities are observed and shall be on site during
Services
all grading activities.
39
In the event that buried cultural resources are discovered during
Planning
construction, operations shall stop in the immediate vicinity of the find
Department,
and a qualified archaeologist shall be consulted to determine whether
Planning
the resource requires further study. The qualified archaeologist shall
Services
make recommendations to the Lead Agency on the measures that shall
be implemented to protect the discovered resources, including but not
limited to excavation of the finds and evaluation of the finds in
accordance with § 15064.5 of the CEQA Guidelines. Cultural
resources could consist of, but are not limited to, stone artifacts, bone,
wood, shell, or features, including hearths, structural remains, or
historic dumpsites. Any previously undiscovered resources found
during construction within the Project Area should be recorded on
appropriate Department of Parks and Recreation (DPR) forms and
evaluated for significance in terms of CEQA criteria. MM CR -1
40
If the resources are determined to be unique historic resources as
Planning
defined under §15064.5 of the CEQA Guidelines, mitigation measures
Department,
shall be identified by the monitor and recommended to the Lead
Planning
Agency. Appropriate mitigation measures for significant resources
Services
could include avoidance or capping, incorporation of the site in green
space, parks, or open space, or data recovery excavations of the finds.
MM CR -2
41
No further grading shall occur in the area of the discovery until the
Planning
Lead Agency approves the measures to protect these resources. Any
Department,
archaeological artifacts recovered as a result of mitigation shall be
Planning
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
donated to a qualified scientific institution approved by the Lead
Services
Agency where they would be afforded long -term preservation to allow
future scientific study. MM CR -3
42
In addition, reasonable efforts to avoid, minimize, or mitigate adverse
Planning
effects to the property will be taken and the State Historic Preservation
Department,
Officer (SHPO) and Native American tribes with concerns about the
Planning
property, as well as the Advisory Council on Historic Preservation
Services
(ACHP) will be notified within 48 hours in compliance with 36 CFR
800.13(b)(3). MM CR -4
43
Monitoring of excavation in areas identified as likely to contain
Planning
paleontological resources by a qualified paleontological monitor is
Department,
required under limited conditions. Monitoring must take place once 6
Planning
feet of modern grade has been reached during any earthmoving work.
Services
The mitigation measures must be discussed with the Proponent and/or
his contracted representatives during a pre -grade meeting attended by
City staff. Should the City- approved Paleontologist determine that
potential impacts to fossil resources have been reduced to "low" as a
result of the monitoring efforts, the Paleontologist may cease the
monitoring program before earthmoving has concluded. A monitoring
report must be generated and submitted to City staff within one month
after monitoring has concluded.
Based upon the results of this review, areas of concern include any
and all previously undisturbed sediments of Pleistocene Older
alluvium present within the boundaries of the Project Area.
Paleontologic monitors should be equipped to salvage fossils, as they
are unearthed, to avoid construction delays, and to remove samples of
sediments likely to contain the remains of small fossil invertebrates
and vertebrates. Monitors must be empowered to temporarily halt or
divert equipment to allow removal of abundant or large specimens.
Monitoring may be reduced or eliminated if the potentially
fossiliferous units described herein are determined upon exposure and
examination by qualified paleontologic personnel to have low
potential to contain fossil resources. MM CR -5
44
Preparation of recovered specimens to a point of identification and
Planning
permanent preservation, including washing of sediments to recover
Department,
small invertebrates and vertebrates is required. Preparation and
Planning
stabilization of all recovered fossils are essential in order to fully
Services
mitigate adverse impacts to the resources. MM CR -6
45
Identification and curation of specimens into an established,
Planning
accredited museum repository with permanent retrievable
Department,
paleontologic storage is required. These procedures are also essential
Planning
steps in effective paleontologic mitigation and CEQA compliance.
Services
The paleontologist must have a written repository agreement in hand
prior to the initiation of mitigation activities. Mitigation of adverse
impacts to significant paleontologic resources is not complete until
-12- PC2014 -034
NO
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
such curation into an established museum repository has been fully
completed and documented. MM CR -7
46
Preparation of a report of findings with an appended itemized
Planning
inventory of specimens is required. The report and inventory, when
Department,
submitted to the appropriate Lead Agency along with confirmation of
Planning
the curation of recovered specimens into an established, accredited
Services
museum repository, will signify completion of the program to mitigate
impacts to paleontologic resources. MM CR -8
47
In the event of an accidental discovery or recognition of any human
Planning
remains, California State Health and Safety Code §7050.5 dictates that
Department,
no further disturbance shall occur until the County Coroner has made
Planning
the necessary findings as to origin and disposition pursuant to CEQA
Services
regulations and Public Resource Code (PRC) §5097.98. All
applicable provisions of the Native American Grave Protection and
Repatriation Act and its regulations found in the Code of Federal
Regulations at 43 CFR 10 shall also apply. MM CR -9
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
48
Prior to connection of electrical service, the legal owner shall provide
Public
to the City of Anaheim a Public Utilities easement with dimensions as
Utilities,
shown on the approved utility service plan.
Electrical
Engineering
49
For the retail portion, complete a Burglary/Robbery Alarm Permit
Police
application, Form APD 516, and return it to the Police Department
Department
prior to initial alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the following
web site: http: / /www.anaheim.net /article.asp ?id =678
50
Address numbers shall be positioned so as to be readily readable from
Police
the street. Main building numbers should be a minimum height of 12 ".
Department
Numbers should be illuminated during hours of darkness.
51
On the retail portion, rear entrance doors shall be numbered with the
Police
same address numbers or suite number of the business. Minimum
Department
height of 4" recommended.
52
Rooftop address numbers shall be added for the police helicopter.
Police
Minimum size 4' in height and 2' in width. The lines of the numbers
Department
are to be a minimum of 6" thick. Numbers should be spaced 12" to
18" apart. Numbers should be painted or constructed in a contrasting
color to the roofing material. Numbers should face the street to which
the structure is addressed. Numbers are not to be visible from ground
level.
a. Based on the design of this complex, the above described roof
numbers can be applied to the top level of the central parking structure
on a portion of the pavement not covered by any structures or parking
spaces. The size and positioning, as described above, should be
adhered to.
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
53
All exterior doors shall have their own light source, which shall
Police
adequately illuminate door areas at all hours to make clearly visible
Department
the presence of any person on or about the premises and provide
adequate illumination for persons exiting the building.
54
Minimum lighting level for covered portions of all parking structures
Police
is:
Department
• Horizontal Illumination: 1- footcandle minimum, 5- footcandles
average on the covered decks with a 10:1 maximum to minimum
uniformity ratio.
• Minimum Vertical Illumination: 0.5- footcandles at 5 -feet above the
parking surface.
• Entrances: 50- footcandles minimum during the day. This higher
illumination level should be carried approximately 70 -feet inside the
garage to allow a transition from bright daylight to a lower internal
level. Natural daylight may be considered in the calculation.
55
Compliance with AMC 6016, the Anaheim Public Safety Radio
Police
System Coverage Ordinance is required. To request a copy of the
Department
ordinance, contact Officer Budds at (714) 765 -3859 or
mbudds @anaheim.net. A copy of the ordinance can also be
viewed /download online through the City of Anaheim web site under
"City Records ": http: / /www.anaheim.net /.
56
All electrically operated gates providing emergency vehicle access
Police
shall include the installation of an electronic access system which
Department
allows for the use of a public safety radio frequency to open the gate.
57
The developer /property owner shall:
Public
• Demonstrate that all structural BMPs described in the Project & Site
Works,
Specific WQMP have been constructed and installed in conformance
Development
with approved plans and specifications.
Services
• Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project & Site Specific WQMP
• Demonstrate that an adequate number of copies of the approved
Project & Site Specific WQMP are available onsite.
• Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
58
The property owner /developer shall construct a permanent, decorative
Public
diagonal diverter at the intersection of Lemon Street and Cypress
Works,
Street, including all appropriate signage and striping. This diverter
Development
shall only allow northbound and southbound right turns, and
Services
eastbound and westbound left turns. Provisions shall be made in the
design of the diverter to allow for full pedestrian and bicycle
movements. Final design of the diverter shall be subject to the review
and approval of the City Engineer. Should the design of the diverter
not serve its intended purpose following installation, equivalent traffic
calming measures, preventing northbound vehicular traffic on Lemon
Street, may be substituted for the diverter, subject to the review and
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
approval of the City Engineer.
ONGOING D URING PROTECT OPERATION
59
The sanitary sewer and storm drains for this development shall be
Public
privately maintained.
Works,
Development
Services
60
Any graffiti painted or marked upon the premises or on any adjacent
Police
No additional
area under the control of the licensee shall be removed or painted
Department
demonstration
over within 24 hours of being applied.
required
61
The parking lot of the premises shall be equipped with lighting of
Police
sufficient power to illuminate and make easily discernible the
Department
appearance and conduct of all persons on or about the parking lot.
Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring uses.
62
All entrances to the parking lot shall be posted with appropriate signs
Police
per 22658(a) C.V.C., to assist in removal of vehicles at the property
Department
owners /managers request.
63
"No Trespassing 602(k) P.C." signs shall be posted at the entrances of
Police
the parking lot. Signs must be at least 2' x 1' in overall size, with
Department
white background and black 2" lettering.
64
The subject Property shall be developed substantially in accordance
Planning
No additional
with plans and specifications submitted to the City of Anaheim by the
Department,
demonstration
petitioner and which plans are on file with the Planning Department,
Planning
required
and as conditioned herein.
Services
65
Extensions for further time to complete conditions of approval may be
Planning
No additional
granted in accordance with Section 18.60.170 of the Anaheim
Department,
demonstration
Municipal Code.
Planning
required
Services
66
That timing for compliance with conditions of approval may be
Planning
No additional
amended by the Planning Director upon a showing of good cause
Department,
demonstration
provided (i) equivalent timing is established that satisfies the original
Planning
required
intent and purpose of the condition(s), (ii) the modification complies
Services
with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or
approved development.
67
Approval of this application constitutes approval of the proposed
Planning
No additional
request only to the extent that complies with the Anaheim Municipal
Department,
demonstration
Zoning Code and any other applicable City, State and Federal
Planning
required
regulations. Approval does not include any action or findings as to
Services
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
68
The Applicant shall defend, indemnify, and hold harmless the City and
Planning
No additional
its officials, officers, employees and agents (collectively referred to
Department,
demonstration
individually and collectively as "Indemnitees ") from any and all
Planning
required
claims, actions or proceedings brought against Indemnitees to attack,
Services
review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and /or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
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