Resolution-PC 2015-028RESOLUTION NO. PC2015 -028
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05769 AND VARIANCE NO. 2015 -05004
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00033)
(2848 AND 2901 -2905 EAST SOUTH STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for Conditional Use Permit No. 2014 -05769 to
permit a 20 -unit detached small -lot, single- family residential project (the "Project "), and
Variance No. 2015 -05004 to permit the construction of driveway lengths less than permitted by
the Anaheim Municipal Code (the "Code ") and a deviation from the City's private street standard
pertaining to parkway widths, for that certain real property located at 2848 and 2901 -2905 East
South 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 "). Conditional Use Permit No. 2014 -05769 and Variance No. 2015 -05004 are
proposed in conjunction with General Plan Amendment No. 2014 - 00497, Reclassification No.
2014 -00272 and Tentative Tract Map No. 17819, which, together with the Project, shall be
referred to herein collectively as the "Proposed Project "; and
WHEREAS, the Property is approximately 3.4 acres in size and is currently improved
with two pump house buildings. A portion of the Property is located in the "RS -3" Single -
Family Residential Zone. The remainder of the Property is located in the "T" Transition Zone.
The Anaheim General Plan designates this Property for "Open Space ", "Parks" and "Low
Density Residential" 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 February 13, 2015 through March 15, 2015 and was also
made available for review on the City's website at www.anaheim.net. A complete copy of the
MND is on file and can be viewed in the City's Planning Department located on the First Floor at
200 S. Anaheim Blvd., Anaheim, California 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 Plan ( "MMP No. 323") has been prepared
for the proposed Project and includes mitigation measures that are specific to the proposed
Project; and
- 1 - PC2015 -028
WHEREAS, by the adoption of a resolution concurrently with but prior in time to the
adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and
the City's Local CEQA Procedure Manual, this Planning Commission approved and adopted the
MND and MMP No. 323 for the Proposed Project. The MND, together with the Initial Study,
MMP No. 323, and other materials which constitute the record of the proceedings upon which
the decision of the Planning Commission was based are on file in the City's Planning
Department; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 23, 2015 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
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, 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, does find and determine the following facts with respect to Conditional Use Permit
No. 2014 - 05769:
1. The uses within the Project are compatible; and
2. The new buildings or structures related to the project are compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the
existing buildings conform with the provisions of this title; and
3. Vehicular and pedestrian access are adequate; and
4. The Project is consistent with any adopted design guidelines applicable to the
parcels; and
5. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area; and
6. 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; and
7. The impact upon the surrounding area has been mitigated to the maximum extent
practicable; and
8. Upon approval of proposed General Plan Amendment No. 2014 -00497 and
proposed Tentative Tract Map No. 17819, the Project will comply with the "Low Density
Residential" land use designation of the General Plan and with the Subdivision Map Act,
respectively; and
9. The granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
-2- PC2015 -028
WHEREAS, the Planning Commission does further find and determine that the request
for a variance in conjunction with the proposed Project should be approved for the following
reasons:
SECTION NO. 18.40.060.090
SECTION NO. 18.42.030.040.0401
Private Street Improvements.
(6 -foot wide parkways required on the east
side of the private street; 3 -foot wide
parkways proposed)
Minimum driveway lengths.
(20 feet required; 18 -60 feet proposed)
1. That the strict application of the Code would deprive the subject Property of
privileges enjoyed by other properties in the vicinity because the Property has unique site
constraints such as an irregular shape, which precludes the ability to provide the Code required
private street improvements and driveway lengths. In addition, the City Engineer approved the
request by the applicant to modify the City's private street standard pertaining to the reduced
parkway widths.
2. That there are special circumstances applicable to the Property pertaining to its
shape and location, which do not apply to identical zoned properties in the vicinity.
WHEREAS, the 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 detract from the findings made in this Resolution. The 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 the Planning Commission does hereby
recommend that the City Council approve Conditional Use Permit No. 2014 -05769 and Variance
No. 2015- 05004, contingent upon and subject to: (1) the adoption by the City Council of (i) a
resolution approving and adopting General Plan Amendment No. 2014 - 00497, (ii) an ordinance
authorizing an amendment to the Zoning Map to rezone and reclassify the Property to the "RS -4"
Single - Family Residential Zone under Reclassification No. 2014 - 00272, and (iii) a resolution
approving Tentative Tract Map No. 17819, all of which entitlements are now pending; (2) the
mitigation measures set forth in MMP No. 323, and (3) 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 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 condition(s), (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
-3 - PC2015 -028
BE IT FURTHER RESOLVED, that 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.
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
March 23, 2015. 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.
CHAIRMAN, PLANNING qOMMISSION
OF THE CITY OF ANIVrM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4- PC2015 -028
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 23, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-5 - PC2015 -028
EXHIBIT "A"
DEV NO. 2014-00033
APN: 253- 341 -03 N
253- 271 -04
253 - 271 -03
253- 341 -02
253 -341 -01
175'
560
508'
25327103
M � '
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6g'
52'
� w
114'
1
1
25334103 /25334102/ 253341(
0 0 50 11111
O
Feet
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
-6- PC2015 -028
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05769 AND
VARIANCE NO. 2015-05004
(DEV2014- 00033)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
PRIOR TO ISSUANCE OFA GRADING PERMIT
1
The water quality management plan shall address the following items:
Public Works,
• The WQMP shall include additional information such as soils
Development Services
analysis, prior contamination, depth to groundwater, etc. to
determine the acceptability and capability of this site to use
infiltration.
• The criteria identified in the DAMP in order to allow infiltration
to occur on a site must be evaluated and deemed adequate for the
determination to be made to infiltrate onsite.
• The applicant shall obtain approval for infiltration from the City
and from the Orange County Water District. The City will
coordinate the review of this proposed infiltration system to
obtain comments.
• The WQMP and grading plans shall show that flows are
conveyed to the infiltration areas.
• The WQMP shall show the required pretreatment for any focused
infiltration. The pretreatment system may be landscape swales,
filter strips or bio- retention areas (rain gardens), prior to reaching
the infiltration system.
2
The applicant shall design a system that satisfies the City's requirements
Public Works,
for stormwater treatment as it relates to the Final Water Quality
Development Services
Management Plan requirements and Geotechnical analysis that will
underpin it.
3
Prior to the issuance of a grading permit, detailed park improvement
Parks, Community
plans shall be submitted to the Community Services Department. Said
Services
plans shall include park benches, dog waste bag dispensaries, a three
tiered water fountain and landscape improvements that conform to the
City's specifications.
4
Prior to issuance of the grading permit and right -of -way construction
Public Works,
permit for the storm drain and sewer, whichever occurs first, a Save
Development Services
Harmless agreement in -lieu of an Encroachment Agreement is required
to be executed, approved by the City and recorded by the applicant on
the property for any storm drains connecting to a City storm drain.
5
The property owner shall submit project improvement plans that
Public Works,
incorporate the required drainage improvements and the mechanisms
Development Services
proposed in the approved Drainage Report. No offsite run -off shall be
blocked during and after grading operations or perimeter wall
construction.
-7- PC2015 -028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
6
Prior to issuance of grading permit, the Owner shall submit a Final
Public Works,
Drainage Study prepared by a registered professional Civil Engineer in
Development Services
the State of California. The study shall be based upon and reference the
latest edition of the Orange County Hydrology Manual and the
applicable City of Anaheim Master Plan of Drainage for the project area.
All drainage sub -area boundaries per the Master Plan for Drainage shall
be maintained, including applicable off -site areas. The study shall
include an analysis of 10, 25, and 100 -year storm frequencies, an
analysis of all drainage impacts to the existing storm drain system based
upon the ultimate project build -out condition, and address whether off -
site and /or on -site drainage improvements (such as detention/retention
basins or surface run -off reduction) will be required to prevent
downstream and upstream properties from becoming flooded.
7
The project site supports marginally suitable habitat for one special status
Planning Department,
plant species, southern tarplant. Prior to construction in areas that contain
Planning Services
suitable habitat, a pre- construction survey for southern tarplant should be
Division
conducted during the appropriate blooming period for this species (i.e.,
May to November). If southern tarplant is found within the impact area,
the impact would be considered potentially significant, depending on the
status of the species and the number of individuals observed. If
practicable, the project impact boundary will be adjusted to avoid
impacts on this species. If the impact is determined to be significant, and
avoidance is not possible, then mitigation may be necessary.
If significant impacts to southern tarplant are unavoidable, a qualified
Biologist will be selected to plan, implement, monitor, and maintain a
southern tarplant mitigation plan consistent with the most current
technical standards /knowledge regarding southern tarplant restoration.
The plan will include detailed descriptions of maintenance appropriate
for the mitigation site, monitoring requirements, and annual report
requirements. This plan will reviewed and approved by the City of
Anaheim prior to site disturbance and submitted for review to the
appropriate agencies. MM -13I0-1
8
A survey for active raptor nests shall be conducted prior to
Planning Department,
commencement of any construction activities during the raptor nesting
Planning Services
season (i.e., January 15- September 15). Restrictions may be placed on
Division
construction activities in the vicinity of any active nest observed until the
nest is no longer active as determined by a qualified Biologist. Typically,
a 500 -foot buffer zone is designated around a nest to allow construction
to proceed while minimizing disturbance to the active nest. Once the nest
is no longer active, construction can proceed within the buffer zone.
MM -BIO -2
9
In order to avoid impacts on nesting birds, vegetation removal shall not
Planning Department,
be scheduled during the breeding season (i.e., January 15— September 15)
Planning Services
to the extent feasible. If vegetation clearing for construction must be
Division
conducted during the breeding season, a pre- construction survey or
- 8 - PC2015 -028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
multiple surveys shall be conducted by a qualified Biologist for nesting
birds prior to disturbance to confirm the absence of active nests. If no
active nests are found, vegetation removal can proceed.
If the Biologist finds an active nest within or adjacent to the construction
area and determines that the nest may be impacted, the Biologist shall
identify an appropriate buffer zone around the nest depending on the
sensitivity of the species and the nature of the construction activity. The
active site shall be protected until nesting activity has ended to ensure
compliance with the MBTA and the California Fish and Game Code. To
protect any nest site, the following restrictions to construction activities
shall be required until nests 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 500 feet for raptors), unless
otherwise determined by a qualified Biologist and (2) access and
surveying shall be restricted within the buffer of any occupied nest,
unless otherwise determined by a qualified Biologist. Construction
and /or 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. MM -13I0-3
10
Prior to the start of construction activities during the nesting season, the
Planning Department,
Project Applicant shall consult with the OCWD Biologist on any
Planning Services
observations of nesting birds /raptors within 300 to 500 -feet of
Division
construction activities. Construction activities within the 300 to 500 -feet
vicinity will only occur at the approval of the OCWD Biologist.
MM -13I0-4
11
No construction activity shall occur within 700 -feet of the temporary
Planning Department,
island within Burris Basin during the nesting season from January 15 to
Planning Services
September 15 or until OCWD determines that there are no more active
Division
nests or fledglings. MM -13I0-5
12
In the event that archaeological resources are unearthed ground -
Planning Department,
disturbing activities associated with the Proposed Project, the contractor
Planning Services
shall cease all earth - disturbing activities within 50 feet of the discovery
Division
and shall retain a qualified archaeologist. Construction activities may
continue in other areas. If the discovery proves to be significant,
additional work, such as data recovery excavation or resource recovery,
may be warranted and would be discussed in consultation with the
appropriate regulatory agency. MM -CUL -1
13
In the event that paleontological resources are unearthed ground-
Planning Department,
disturbing activities associated with the Proposed Project, the contractor
Planning Services
shall cease all earth- disturbing activities within 50 feet of the discovery
Division
and shall retain a qualified paleontologist. Construction activities may
continue in other areas. If the discovery proves to be significant,
additional work, such as data recovery excavation or resource recovery,
may be warranted and would be discussed in consultation with the
appropriate regulatory agency. MM -CUL -2
-9- PC2015 -028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
14
Prior to issuance of a grading permit, the Applicant shall submit a
Public Works,
grading plan to the City for approval that implements the design
recommendations contained in the Geotechnical Exploration Report —
Development Services
South Street Property, dated October 20, 2014 and revised February 6,
2015, prepared by Leighton and Associates Inc. (Appendix D).
MM -GEO -1
15
Prior to the issuance of a grading permit, the Applicant shall conduct a
Public Works,
Phase 2 ESA to obtain representative soil samples throughout APN 253-
271-03 to evaluate the presence of OCPs, arsenical pesticides, and
Development Services
herbicides. The results of the sampling shall be submitted to the City for
review. MM -HAZ -1
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
16
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
Public Utilities, Water
an easement for all large domestic above - ground water meters and fire
Engineering
hydrants, including a five (5) -foot wide easement around the fire hydrant
and /or water meter pad (ii) a twenty (20) foot wide easement for all water
service 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 and included and recorded in the
Master CC &Rs for the project.
17
The developer /owner shall submit to the Public Utilities Department,
Public Utilities, Water
Water Engineering Division an estimate of the maximum fire flow rate
Engineering
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
system to provide the estimated water demands. Any off -site water
system improvements required to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
18
The owner shall submit s set of improvement plans for review and
Public Utilities, Water
approval in determining the conditions necessary for providing water
Engineering
service to the project.
19
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities, Water
meter, Hersey Residential Fire Meter with Translator Register, no equals.
Engineering
- 10 - PC2015 -028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
20
Individual water service and /or fire line connections will be required
Public Utilities, Water
for each parcel or residential, commercial, industrial unit per Rule 18
Engineering
of the City of Anaheim's Water Rates, Rules and Regulations.
21
The Owner shall be responsible for restoring any special surface
Public Utilities, Water
improvements, other than asphalt paving, within any right -of -way,
Engineering
public utility easement or City easement area including but not limited
to colored concrete, bricks, pavers, stamped concrete, walls, decorative
hardscape or landscaping that becomes damaged during any
excavation, repair or replacement of City owned water facilities.
Provisions for maintenance of all said special surface improvements
shall be included in the recorded Master C, C &. R's for the project
and the City easement deeds.
22
A minimum of two connections to public water mains and water looping
Public Utilities, Water
inside the project are required.
Engineering
23
The following minimum horizontal clearances shall be maintained
Public Utilities, Water
between proposed water main and other facilities:
Engineering
- 10 -feet minimum separation (outside wall - to-outside wall)
from sanitary sewer mains and laterals, and any
buildings, footings, and walls
- 5 -feet minimum separation from all other utilities,
including storm drains, gas, and electric
- 6 -feet minimum separation from curb face
24
No public water main or public water facilities shall be installed in
Public Utilities, Water
private alleys or paseo areas.
Engineering
25
No public water mains or laterals shall be allowed under parking stalls
Public Utilities, Water
or parking lots.
Engineering
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
26
A private water system with separate water service for fire protection and
Public Utilities, Water
domestic water shall be provided.
Engineering
27
All undocumented or non - engineered fill soils shall be removed from
Public Works
below proposed residential structures within a to 1 (H:V) plane
Development Services
projected down from the building foundation to competent soils or
Controlled Low Strength Materials used in slot removals as
recommended in the Geotechnical Report.
28
Where the requirements of Condition No. 27 above cannot be met,
Public Works,
additional steps shall be taken such as compaction grouting, rammed
Development Services
aggregate piers, or other technologies approved by the Public Works 1
11
- 11 - PC2015 -028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
Department. If additional mitigation steps are required, additional
geotechnical document(s) shall be submitted to the Public Works
Department for review and approval prior to the granting of building
permits on residential buildings impacted by this requirement. The
geotechnical document(s) shall provide sufficient data and analyses to
substantiate the recommended steps.
29
Future residential structures shall be required to be setback from the tops
Public Works,
of slopes in accordance with the current California Building Code or
Development Services
alternate criteria based on supplemental geotechnical documents(s)
reviewed and approved by the Public Works Department.
30
Prior to issuance of a building permit for APN 253- 271 -03, the Applicant
Planning and Building
shall comply with the recommendations of the Phase 2 ESA including
Department
any remedial actions required as a result of the soil sampling.
MM -HAZ -2
31
A detailed hardscape and landscape plan shall be submitted to the
Parks, Community
Community Services Department indicating visually permeable fencing
Service
within the rear yards of the homes located south of South Street and
California native plant species to be located in the park and open space
areas adjacent to trail.
32
All backflow equipment shall be located above ground outside of the
Public Utilities, Water
street setback area in a manner fully screened from all public streets and
Engineering
alleys. Any backflow assemblies currently installed in a vault will have
to be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
33
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities, Water
well as any modifications, relocations, or abandonments of existing water
Engineering
services, backflow equipment, and fire lines, shall be coordinated and
permitted through the Water Engineering Division of the Anaheim Public
Utilities Department.
34
This is a project with a landscaping area exceeding 2,500 square feet, a
Public Utilities, Water
Landscape Documentation Package and a Certification of Completion
Engineering
are required and a separate irrigation meter shall be installed in
compliance with Chapter 10.19 of Anaheim Municipal Code and
Ordinance No. 6160 relating to landscape water efficiency.
35
All existing water services and fire services shall conform to current
Public Utilities, Water
Water Services Standards Specifications. Any water service and /or fire
Engineering
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer needed.
The owner /developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
36
Water improvement plans and approved design shall be submitted. The
Public Utilities, Water
legal property owner shall post a security to complete the required
Engineering
improvements. The improvements shall be completed prior to Final
Building and Zoning Inspections.
37
That prior to the issuance of a building permit, plans shall be submitted
Public Works,
showing stop control for Westgate Drive. A stop sign shall be installed
Development Services
and stop legend shall be painted on Westgate Drive in the southbound
direction at South Street prior to final building and zoning inspection.
Subject property shall thereupon be developed and maintained in
conformance with said plans.
38
The construction of the downstream sewer improvements in Rio Vista
Public Works,
and Wagner associated with this project must have begun as described in
Development Services
the Final Sewer Study Letter to Development Advisors, dated July 23,
2014.
39
Parkway landscaping, curb gutter and sidewalk shall be constructed with
Public Works,
the parkway irrigation connected to the on -site irrigation system and
Development Services
maintained by the property owner. A bond shall be posted in an amount
approved by the City Engineer and a form approved by the City Attorney
prior to issuance of a building permit.
40
Curbs along both private streets shall be painted red to prohibit parallel
Public Works,
parking along both private streets. Red curb locations shall be clearly
Development Services
labeled on building plans.
41
Prior to issuance of the first building permit, excluding model homes, the
Public Works,
final map shall be submitted to and approved by the City of Anaheim
Development Services
Department of Public Works and the Orange County Surveyor for
technical review and that all the applicable conditions of approval have
been complied with and then shall be filed in the office of the Orange
County Recorder.
42
The Applicant shall submit Landscape Plans to the City for review and
Planning and Building
approval to ensure that no invasive exotic plant species are used adjacent
Department
to any adjacent mitigation/open space areas and /or wetland /riparian
areas. MM -BIO -7
43
Plans submitted for building permits shall show that lighting is equipped
Planning and Building
with light glare shields to reduce the extent of illumination into adjoining
Department
areas (Anaheim Coves open space areas). MM -BIO -8
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
44
Address numbers shall be positioned so as to be readily readable from
Police Department
the street. Numbers shall be visible during hours of darkness.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
45
Fire lanes shall be posted with "No Parking Any Time." Said
Public Works, Traffic
information shall be specifically shown on plans submitted for reiterate
Engineering
building permits.
46
The public improvements, including but not limited to South Street, trail
Public Works,
access connections, sewer, water, storm drains, the private street, shall be
Development Services
constructed prior to final building and zoning inspections and are subject
to review by the Construction Services Inspector.
47
Accessible compliant curb access ramps with truncated domes shall be
Public Works,
constructed at the intersections of South Street in conformance with
Development Services
Public Works Standard Detail 111 -3.
48
All required WQMP items shall be inspected and operational.
Public Works,
Development Services
49
The downstream sewer improvements in Rio Vista and Wagner
Public Works,
associated with this project must be complete and operational.
Development Services
ON -GOING DURING PROJECT CONSTRUCTIONAND OPERATIONS
50
Any Graffiti painted or marked upon the premises or on any adjacent
Police Department
area under the control of the licensee shall be removed or painted over
within 24 hours of being applied.
51
The project applicant shall require that the site preparation and grading
Planning and Building
contractors water all exposed areas a minimum of three times per day.
Department
MM -AQ -1
52
The project applicant shall require that the site preparation and grading
Planning and Building
contractors use either soil stabilizers or water on all unpaved roads on the
Department
project site that are no less effective than watering the unpaved roads a
minimum of three times per day. MM -AQ -2
53
The project applicant shall require that all contractors limit the speed of
Planning and Building
vehicles operating on unpaved roads to 10 miles per hour or less.
Department
MM -AQ -3
54
The project applicant shall require that the grading contractor to replace
Planning and Building
ground cover on the disturbed areas as soon as possible after completion
Department
of grading activities. MM -AQ -4
55
The project applicant shall require that on days of active operations of
Planning and Building
the site preparation and grading contractors to utilize an onsite wheel
Department
washing system to remove dirt from the wheels of all vehicles the exit
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
the site and clean South Street with a street sweeper a minimum of two
times per day in the vicinity of the project site on the days when active
operations occur. MM -AQ -5
56
The project applicant shall require that the site preparation and grading
Planning and Building
contractors use only diesel powered off -road equipment that meets Tier 2
Department
or higher emissions standards. MM -AQ -6
57
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation Division
Department, Streets and
and in accordance with approved plans on file with said Department. Said
Sanitation Division
storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage
areas shall be protected from graffiti opportunities by the use of plant
materials such as minimum 1- gallon size clinging vines planted on
maximum 3 -foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
58
Vehicle gates shall not be installed across the project driveway or access
Public Works, Traffic
roads without providing a vehicle turnaround area.
Engineering
59
During the avian breeding season, all construction activities shall be
Planning Department,
monitored by a qualified Biologist to ensure that adjacent vegetation is
Planning Services
not impacted. The Biological Monitor shall be responsible for ensuring
Division
that impacts on special status species, native vegetation, wildlife habitat,
and unique resources are avoided to the fullest extent possible. Where
appropriate, monitors shall flag the boundaries by the use of orange snow
fencing or the use of lath and ropes /flagging of areas where activities
need to be restricted to protect native plants and wildlife or special status
species. These restricted areas shall be monitored to ensure their
protection during construction. If non - listed sensitive resources are found
within the Project impact area, the Monitor shall relocate the individual
out of the Project impact area. MM -1310 -6
60
The Covenants, Conditions and Restrictions (CC and R's) for the project
Planning Department,
shall require all homeowners to park vehicles within the two car garages
Planning Services
provided for each residence.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
GENERAL
61
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
62
Conditions of approval related to each of the timing milestones above shall
Planning Department,
be prominently displayed on plans submitted for permits. For example,
Planning Services
conditions of approval that are required to be complied with prior to the
Division
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
63
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
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.
64
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
Division
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
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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