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Resolution-PC 2015-081RESOLUTION NO. PC2015-081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2012-05597, APPROVING ADMINISTRATIVE ADJUSTMENT NO. 2015-00370, AND DETERMINING THAT A PREVIOUSLY -APPROVED MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THIS REQUEST (DEV2011-0110B) (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 an amendment to Conditional Use Permit No. 2012-05597, designated as Conditional Use Permit No. 2012-05597A, to modify certain conditions of approval, and to approve Administrative Adjustment No. 2015-00370 to reconfigure the location of the proposed apartment building with less recreation -leisure area than required by the Anaheim Municipal Code (herein referred to as the "Code") 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, Conditional Use Permit No. 2012-05597A and Administrative Adjustment No. 2015-00370 are proposed in conjunction with a proposed amendment to Tentative Parcel Map No. 2012-148, designated as Tentative Parcel Map No. 2012-148A, to reconfigure the location of the proposed apartment building and modify certain conditions of approval. Conditional Use Permit No. 2012-05597A, Administrative Adjustment No. 2015-00370 and Tentative Parcel Map No. 2012-148A shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, on April 21, 2014 and subject to certain conditions of approval, the Planning Commission adopted Resolution No. PC2014-034 approving Conditional Use Permit No. 2012- 05597 (herein referred to as the "Original CUP") to permit the construction of a mixed-use project on the Property consisting of 220 apartments and 18,000 square feet of commercial retail uses. The conditions of approval which were the subject of the Original CUP shall be referred to herein as the "Previous Conditions of Approval"); and WHEREAS, the Property is located in the "CG" General Commercial Zone and the Mixed Use (MU) Overlay Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) and Chapter 18.32 (Mixed Use (MU) Overlay Zone) of the Code. The Anaheim General Plan designates this Property for Mixed Use land uses; and PC2015-081 WHEREAS, by the adoption of its Resolution No. PC2014-034 on April 21, 2014, the Planning Commission adopted a Mitigated Negative Declaration ("MND") and a Mitigation Monitoring Program ("MMP") in connection with its approval of the Original CUP; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State 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 will not create any additional environmental impacts beyond those analyzed and addressed by the previously -approved MND and associated MMP, and is therefore, exempt from the requirement to prepare additional environmental documentation; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 19, 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, in accordance with Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2012-05597A, does find and determine the following: 1. The proposed alteration to the apartment building does not involve a substantial change to the approved site plan and is in substantial conformance with the site plan that was originally approved under the Original CUP; and 2. The approval of the Original CUP occurred less than ten (10) years prior to the request for the proposed amendment to the Original CUP; and 3. The underlying zoning and the General Plan land use designation for the Property have not changed significantly since the permit was originally approved; and 4. Other than proposed Administrative Adjustment No. No. 2015-00370, no new waivers of Code requirements are needed; and 5. The Revised Conditions of Approval (as defined herein below) are more effective than the Previous Conditions of Approval because they will enable the project approved under Resolution No. PC2014-034 to be developed; and 6. The nature of the use approved under Resolution No. PC2014-034 is not significantly changed;and -2- PC2015-081 7. The use approved under Resolution No. PC2014-034 will not be intensified; and 8. No new or substantially greater environmental impacts will result. WHEREAS, in accordance with Section 18.56.130 (Uses and Structures Made Nonconforming by Public Acquisition) of Chapter 18.56 (Nonconformities) of the Code, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2015-00370 should be approved for the following reasons: 1. The uses and structures approved under the Original CUP are presently nonconforming by reason of the ownership of certain minor portions of the Property by the City of Anaheim, as Successor Agency to the former Anaheim Redevelopment Agency (herein referred to as the "Successor Agency"). The California Department of Finance (herein referred to as the "DOF") must approve the conveyance of land owned by the Successor Agency before the Successor Agency can convey such land. As of the present time, the Successor Agency does not know when such approval will be forthcoming from the DOF. As a result of the Successor Agency's acquisition of those minor portions of the Property, the original project approved under Resolution No. PC2014-034 cannot be developed without its reconfiguration to exclude the Successor Agency's property. Approval of Administrative Adjustment No. 2015-00370 will meet all of the criteria set forth above for Conditional Use Permit No. 2012-05597A and is, therefore, consistent with the purposes and intent of the Zoning Code; and 2. Development of the project, as reconfigured, will continue to be subject to then - applicable development anddimensional standards of the "CG" Commercial General Zone and the Mixed Use (MU) Overlay Zone, including required landscape and building setbacks and allowable height; and 3. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment since the only alternative to processing the adjustment is to reduce the overall number of dwelling units. Additionally, the project is located adjacent to Pearson Park, one of the largest parks in the City, which provides numerous recreation -leisure activites within comparable walking distance of the amenities in the project; and 4. The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The building was previously approved on the property line in accordance with the Code. The proposed building will be located farther back from the orginal location thus creating a greater distance from the sidewalk and the building. 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. -3- PC2015-081 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons stated hereinabove, does hereby approve Conditional Use Permit No. 2012-05597A and Administrative Adjustment No. 2015-00370, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (herein referred to as the "Revised Conditions of Approval"). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern Administrative Adjustment No. 2015-00370 and the Original CUP, as amended by Conditional Use Permit No. 2012-05597A. Said Revised Conditions of Approval 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. 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 Revised Conditions of Approval. Should the Revised Conditions of Approval, or any part thereof, be declared invalid or unenforceable by a 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. -4- PC2015-081 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 19, 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 COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 October 19, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2015-081 EXHIBIT "A" DEV NO. 2011-OO11OB APN: 255-081-01 255-081-02 PID EVE ss 255-081-03 255-081-04A4E�E ss 255-081-05 `N 255-081-06 r G v Z 2 p � p T E C� PRESS S W L 4 w C,(PRESS S� 549 cs 3 V,NG004 Pv E O 2 57T %N �Z �Z G 4 W OPV, ST O) 50 10o Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. -6- PC2015-081 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05597A ADMINISTRATIVE ADJUSTMENT NO. 2015-00370 (DEV2011-0110B) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Per the requirements of the General Permit for Discharges of Storm Water Public Works, Associated with Construction Activity (Construction General Permit Order Development Services 2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project shall be prepared and include a 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 permit Public Works, for the storm drain and sewer, whichever occurs first, a Save Harmless Development Services 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. 3 The applicant shall submit to the Public Works Department/Development Public Works, Services for review and approval a Final Water Quality Management Plan Development Services that: • Addresses Site Design Best Management Practices (BMPs) such 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 Water Public Works, Associated with Construction Activity (Construction General Permit Order Development Services 2009-0009-DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for the proposed project shall be prepared and include a sufficient number of erosion control Best Management Practices (BMPs) are implemented during the construction phase to ensure that potential erosion issues are adequately -7- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT addressed. BMPs shall include the following, or similar, efforts: fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. 5 Prior to issuance of a grading permit for work to be done on land under the Public Works, jurisdiction of the City of Anaheim, as Successor Agency to the Anaheim Development Services Redevelopment Agency ("Successor Agency'), the property owner and Successor Agency shall execute a Right of Entry and License Agreement ("Agreement") allowing entry upon the Successor Agency's property adjacent to the project site with provisions acceptable to Successor Agency's Executive Director. In the event that Successor Agency's Executive Director rejects the Agreement, this condition shall be of no further force and effect and shall not be a condition to grading permit issuance. PRIOR TO FINAL MAP APPROVAL 6 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement for street, public utility and other public purposes for the Development Services widening of Cypress Street and Lemon Street to their ultimate right-of-way width of 30 feet and 28.75 feet from the street centerlines, respectively. 7 A maintenance covenant shall be submitted to the Subdivision Section and Public Works, approved by the City Attorney's office. The covenant shall include provisions Development Services for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance 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 works Public Works, improvements; including traffic signal and related improvements, striping, Development Services storm drain, sewer, landscape and irrigation improvements, in Lincoln Avenue, Lemon Street, Anaheim Blvd and 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 Works, approved by the City Attorney, to complete the required public improvements Development Services at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. 10 All parcels shall be assigned street addresses by the Building Division. Public Works, Development Services 11 All existing structures shall be demolished. The developer shall obtain a Public Works, demolition permit from the Building Division. Development Services -8- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 12 That prior to issuance of building permits, plans shall specifically indicate Public Works, that all vehicular ramps and grades conform to all applicable Engineering Traffic Engineering Standards. 13 That prior to issuance of the a building permit for the parking structure, Public Works, plans shall demonstrate that at -grade ducts and overhead pipes shall not Traffic Engineering encroach in the parking space areas or required vehicle clearance areas. 14 The final map shall be submitted to and approved by the City of Anaheim Public Works, and the Orange County Surveyor and then shall be recorded in the Office of Development Services the Orange County Recorder. 15 Prior to the issuance of a building permit, onsite soil classified as hazardous Fire Department waste in California by virtue of having greater than 1,000 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 historical Public Works, industrial use located in the southeast and southwest portions of the project Development Services, site (with the highest density of sampling locations documenting lead Building Division and between 80 mg/kg and 1,000 mg/kg) shall be relocated to underneath the DTSC footprint of the fixture parking structure. MM HAZ-lb 17 Prior to the issuance of a building permit, the soils with lead concentration Public Works, below 80 mg/kg shall be re -graded and compacted in the top 5 to 7 feet bgs. Development Services, MM HAZ-1 c Building Division and DTSC 18 Prior to the issuance of a building permit, sampling under the footprint of Public Works, new residential area(s) shall be conducted to confirm and document that no Development Services, residual soil with lead in excess of 80 mg/kg is located under the foundation Building Division and of the proposed building locations. MM HAZ-1d DTSC 19 Double or extra -strength windows and doors with an STC rating of 22 or Planning and Building higher shall be installed in all residential units adjacent to Lincoln Avenue. Department, Interior noise levels must then be checked to ensure interior noise levels are Building Division at or below 45 dB (CNEL). Where it is necessary that 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 found Planning and Building in the letter from Veneklasen Associates dated January 8, 2014. This letter has Department, been included as an attachment to the staff report. Building Division -9- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Prior to final building and zoning inspection, the property owner/developer Public Works, Traffic shall construct a median diverter on Anaheim Boulevard at Cypress Street, Engineering including all appropriate signage and striping. This median diverter shall allow left turns in the northbound 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 shall Public Utilities, Water submit to the Public Utilities Water Engineering an estimate of the Engineering maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to confirm the 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 Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electrical Engineering electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 24 That this project has a landscaping area exceeding 2,500 square feet and a Public Utilities, separate irrigation meter shall- be installed in compliance with the Water Engineering Landscape Water Efficiency Guidelines. 25 The property owner shall irrevocably offer to dedicate to The City of Public Utilities, Anaheim an easement twenty feet in width for water service mains and/or an Water Engineering easement for large meters or other public facilities. 26 Lockable pedestrian and/or vehicular access gates shall be equipped with Fire Department Knox devices as required and approved by the Fire Department. 27 A fire alarm system shall be designed, installed and maintained as required Fire Department by the Fire Department. 28 Fire hydrants shall meet minimum Fire Department Specifications Fire Department and Requirements for spacing, distance to structure and available fire flow. 29 An all-weather access road as approved by the Fire Department Fire Department shall be provided during construction. 30 An automatic fire sprinkler system shall be designed, installed and Fire Department maintained as required by the Fire Department. This item shall be shown on plans submitted for building permits. 31 All requests for new water services or fire lines as well as any modifications, Public Utilities, relocations, or abandonments of existing water services and fire lines shall Water Engineering be coordinated through the Water Engineering Division of the Public Utilities Department. -10- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 32 All existing water services and fire lines shall conform to current Water Public Utilities, Services Standards Specifications. Any water service and/or fire line that Water Engineering 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. 33 The owner/developer shall irrevocably offer to dedicate to the City of Public Utilities, Anaheim (i) an easement for all large domestic above -ground water meters Water Engineering and fire hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service 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, Water Public Utilities, Engineering Division an estimate of the maximum fire flow rate and Water Engineering sprinkler demand, 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. 35 Exhibit `B" of this document containing the conditions of approval and Planning and Building mitigation measures associated with this entitlement shall be prominently Department, displayed on plans submitted for grading and building permits. Planning Services ONGOING DURING PROJECT CONSTRUCTION 36 During project construction, the developer shall require painting contractors Planning and Building to use only paints and coatings with no more than 100 grams/liter of volatile Department, organic compound (VOC) for exterior applications and no more than 50 Building Division grams/liter of VOC for interior applications. For a list of low VOC paints, see Website: www.agmd.gov/prdas/brochures/paintguide.html. MM AO -1 -11- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 37 During project construction, the developer shall require painting contractors Planning and Building to phase paints and coatings applications such that no more than 2.5 percent Department, of project facilities are under active application on any one day. This Building Division measure results in an estimated 42 -day architectural coatings phase. MM AQ -2 38 The applicant/developer shall retain a qualified professional (e.g., Planning and Building archaeologist, historian, architect, paleontologist), subject to approval by the Department, City of Anaheim and this monitor shall be present to ensure that all Planning Services earthmoving activities are observed and shall be on site during all grading activities. 39 In the event that buried cultural resources are discovered during Planning and Building construction, operations shall stop in the immediate vicinity of the find and a Department, qualified archaeologist shall be consulted to determine whether the resource Planning Services requires further study. The qualified archaeologist shall 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 defined Planning and Building under § 15064.5 of the CEQA Guidelines, mitigation measures shall be Department, identified by the monitor and recommended to the Lead Agency. Planning Services Appropriate mitigation measures for significant resources could include avoidance or capping, incorporation of the site in green space, parks, or open space, or data recovery excavations of the finds. MM CR -2 41 No further grading shall occur in the area of the discovery until the Lead Planning and Building Agency approves the measures to protect these resources. Any Department, archaeological artifacts recovered as a result of mitigation shall be donated Planning Services to a qualified scientific institution approved by the Lead 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 and Building effects to the property will be taken and the State Historic Preservation Department, Officer (SHPO) and Native American tribes with concerns about the Planning Services property, as well as the Advisory Council on Historic Preservation (ACNP) will be notified within 48 hours in compliance with 36 CFR 800.13(b)(3). MM CR -4 -12- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 43 Monitoring of excavation in areas identified as likely to contain Planning and Building paleontological resources by a qualified paleontological monitor is required Department, under limited conditions. Monitoring must take place once 6 feet of modern Planning Services grade has been reached during any earthmoving work. 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 and Building permanent preservation, including washing of sediments to recover small Department, invertebrates and vertebrates is required. Preparation and stabilization of all Planning Services recovered fossils are essential in order to fully mitigate adverse impacts to the resources. MM CR -6 45 Identification and curation of specimens into an established, accredited Planning and Building museum repository with permanent retrievable paleontologic storage is Department, required. These procedures are also essential steps in effective Planning Services paleontologic mitigation and CEQA compliance. 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 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 inventory of Planning and Building specimens is required. The report and inventory, when submitted to the Department, appropriate Lead Agency along with confirmation of the curation of Planning Services recovered specimens into an established, accredited 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 remains, Planning and Building California State Health and Safety Code §7050.5 dictates that no further Department, -13- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT disturbance shall occur until the County Coroner has made the necessary Planning Services findings as to origin and disposition pursuant to CEQA 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 to the Public Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on Electrical Engineering the approved utility service plan. 49 For the retail portion, complete a Burglary/Robbery Alarm Permit Police Department application, Form APD 516, and return it to the Police 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 the Police Department street. Main building numbers should be a minimum height of 12". Numbers should be illuminated during hours of darkness. 51 On the retail portion, rear entrance doors shall be numbered with the same Police Department address numbers or suite number of the business. Minimum height of 4" recommended. 52 Rooftop address numbers shall be added for the police helicopter. Minimum Police Department size 4' in height and 2' in width. The lines of the numbers 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. 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. 53 All exterior doors shall have their own light source, which shall adequately Police Department illuminate door areas at all hours to make clearly visible 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 is: Police 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. -14- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Natural daylight may be considered in the calculation. 55 Compliance with AMC 6016, the Anaheim Public Safety Radio System Police Department Coverage Ordinance is required. To request a copy of the 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 shall Police Department include the installation of an electronic access system which allows for the use of a public safety radio frequency to open the gate. 57 The developer/property owner shall: Public Works, • Demonstrate that all structural BMPs described in the Project & Site Development Services Specific WQMP have been constructed and installed in conformance with approved plans and specifications. • 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 Works, diagonal diverter at the intersection of Lemon Street and Cypress Street, Development Services including all appropriate signage and striping. This diverter shall only allow northbound and southbound right turns, and 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 approval of the City Engineer. ONGOING DURING PROJECT OPERATION 59 The sanitary sewer and storm drains for this development shall be privately Public Works, maintained. Development Services 60 Any graffiti painted or marked upon the premises or on any adjacent area Police Department under the control of the licensee shall be removed or painted over within 24 hours of being applied. No additional demonstration required 61 The parking lot of the premises shall be equipped with lighting of Police Department sufficient power to illuminate and make easily discernible the 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. -15- PC2015-081 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 62 All entrances to the parking lot shall be posted with appropriate signs per Police Department 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 63 "No Trespassing 602(k) P.C." signs shall be posted at the entrances of the Police Department parking lot. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. 64 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the petitioner Department, and which plans are on file with the Planning and Building Department, and Planning Services as conditioned herein. No additional demonstration required 65 Extensions for further time to complete conditions of approval may be Planning and Building granted in accordance with Section 18.60.170 of the Anaheim Municipal Department, Code. Planning Services No additional demonstration required 66 That timing for compliance with conditions of approval may be amended by Planning and Building the Planning Director upon a showing of good cause provided (i) equivalent Department, timing is established that satisfies the original intent and purpose of the Planning Services condition(s), (ii) the modification complies with the Anaheim Municipal No additional Code and (iii) the applicant has demonstrated significant progress toward demonstration required establishment of the use or approved development. 67 Approval of this application constitutes approval of the proposed request Planning and Building only to the extent that complies with the Anaheim Municipal Zoning Code Department, and any other applicable City, State and Federal regulations. Approval does Planning Services not include any action or findings as to compliance or approval of the No additional request regarding any other applicable ordinance, regulation or requirement. demonstration required 68 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set No additional aside, void, or annul the decision of the Indemnitees concerning this permit demonstration required 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. -16- PC2015-081