Resolution-PC 2015-094RESOLUTION NO. PC2015-094
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED CONDITIONAL USE PERMIT
NO. 2014-05796 AND VARIANCE NO. 2015-05011
(DEV2015-00041)
(4540 EAST RIVERDALE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2015-05796 to
permit the construction of a 75 -unit detached small -lot, single-family residential project (the
"Project") with modified development standards, i.e., a reduction in the rear yard setback
requirements of the "RS -4" Single -Family Residential Zone for Lots No. 4, 7, 10, 11 and 27, and
(ii) Variance No. 2015-05011 to permit a deviation from the sound attenuation standards
required by Section 18.40.190 (Sound Attenuation for Residential Developments) of Chapter
18.40 (General Development Standards) of the Anaheim Municipal Code (the "Code") 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"); and
WHEREAS, Conditional Use Permit No. 2015-05796 and Variance No. 2015-
05011 are proposed in conjunction with (i) a request to amend "Figure LU -4: Land Use Plan" of
the Land Use Element of the Anaheim General Plan to re -designate those portions of the
Property designated as "School" to "Low Density Residential" land uses so that the entirety of
the Property will be designated for "Low Density Residential" land uses, which amendment to
the General Plan is designated as "General Plan Amendment No. 2015-00502", (ii) a request to
rezone or reclassify the Property from the "T" Transition, Zone to the "RS -4" Single -Family
Residential Zone, which reclassification is designated as "Reclassification No. 2015-00279", and
(iii) for approval of a tentative tract map to permit a 75 -lot single-family residential subdivision
of the Property, which is designated as "Tentative Tract Map No. 17879". General Plan
Amendment No. 2015-00502, Reclassification No. 2015-00279, Conditional Use Permit No.
2015-05796, Variance No. 2015-05011, Tentative Tract Map No. 17879, and the Project shall be
referred to herein collectively as the "Proposed Project"; and
WHEREAS, all development within the "RS -4" Single -Family Residential Zone
is subject to the approval by the Planning Commission of a conditional use permit pursuant to
Subsection .010 of Section 18.04.160 (Development in the RS -4 Zone). Pursuant to subsection
.030 of Section 18.04.160 (Development in the RS -4 Zone), the minimum setbacks set forth in
Table 4-I of Chapter 18.04 (Single -Family Residential Zones) may be modified in order to
achieve a high quality project design, privacy, livability, and compatibility with surrounding
uses. If approved, Conditional Use Permit No. 2015-05796 will permit the reduction in the rear
yard setback requirements of the "RS -4" Single -Family Residential Zone for Lots No. 4, 7, 10,
11 and 27; and
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WHEREAS, Section 18.40.190 (Sound Attenuation for Residential
Developments) of Chapter 18.40 (General Development Standards) of the Code requires
residential developments located within 600 feet of any railroad, freeway, expressway, major
arterial, primary arterial or secondary arterial to comply with the requirements of Section
18.40.190 (Sound Attenuation for Residential Developments); provided, however, that,
notwithstanding the provisions of said Section 18.40.190 to the contrary, the Planning
Commission may grant a deviation from the maximum exterior and/or interior noise levels upon
the making of certain findings; and
WHEREAS, the Property is approximately 12.1 acres in size and is currently
improved with several buildings formally used for a school. The Property is located in the "T"
Transition Zone, which is a zone under the Zoning Code that includes "land that is used for
agricultural uses, in a transitory or interim use, restricted to limited uses because of special
conditions, or not zoned to one of the zoning districts in this title for whatever reason, including
recent annexation." The Property is also located within the Scenic Corridor (SC) Overlay Zone,
meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Anaheim Municipal Code (the "Code") shall apply. The Property is designated on the Land
Use Element of the General Plan for "School" 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; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's
Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 324") has been
prepared for the Proposed Project and includes mitigation measures that are specific to the
Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 16, 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, 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 State CEQA
Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and
determined and recommended that the City Council also find and determine that the Proposed
Project will have a less than significant impact upon the environment with the implementation of
the conditions of approval and the mitigation measures attached to that concurrent Resolution
and contained in MMP No. 324 and that the City Council approve and adopt the Mitigated
Negative Declaration and MMP No. 324; and
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WHEREAS, pursuant to Subsection .060 of Section 18.04.160 (Development in
the RS -4 Zone), the Planning Commission, after due consideration, inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, including the plans submitted by the applicant, does hereby find and
determine the following facts with respect to Conditional Use Permit No. 2015-05796:
1. The uses within the Project are compatible with the surrounding land uses;
2. 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 the Zoning Code;
3. Vehicular and pedestrian access are adequate;
4. The Project is consistent with any adopted design guidelines applicable to the
Property;
5. The size and shape of the site proposed for the proposed Project is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area;
6. The traffic generated by the proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area;
7. The impact upon the surrounding area has been mitigated to the maximum
extent practicable;
8. The Project complies with the General Plan, as amended by General Plan
Amendment No. 2015-00502, now pending;
9. The proposed subdivision of the Property, as shown on proposed Tentative
Tract Map No. 17879, including its design and improvements, will, upon approval
thereof, comply with the Subdivision Map Act; and
10. 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.
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2015-0501 in conjunction with the proposed Project should be
approved for the following reasons:
SECTION NO. 18.40.090 Sound attenuation for rear yards of residential
developments located within 600 feet of a freeway.
(65 dBA CNEL (Community Noise
Equivalent Level) permitted; 69 dBA CNEL
proposed)
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1. That the deviation from noise levels prescribed in Subsection .040 of Section
18.40.190 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General
Development Standards) does not pertain to interior noise levels since the noise study concluded
that the interior noise levels would be a maximum of 31 dBA with standard dual pane windows,
which level is lower than the maximum interior noise level of 45 dBA CNEL specified in said
Subsection .040;
2. The deviation from the exterior noise levels prescribed in Subsection .040 of
Section 18.40.190 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General
Development Standards) does not exceed five dBA CNEL above the prescribed levels for
exterior noise. The noise study indicates a maximum of 69 dBA CNEL within the rear yards of
lots 26 through 32, as shown on proposed Tentative Tract Map No. 17879, which are located
along the southern boundary of the Property adjacent to the SR -91 freeway; and
3. That measures to attenuate noise to the levels prescribed in Subsection .040 of
Section 18.40.190 (Sound Attenuation for Residential Developments) of Chapter 18.40 (General
Development Standards) would compromise or conflict with the aesthetic value of the Project
since a 12 -foot wall would need to be constructed along the southern boundary of the Property
in order to attenuate the exterior noise levels below 65 dBA CNEL.
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, based upon the aforesaid
findings and determinations, the Planning Commission does hereby recommend that the City
Council of the City of Anaheim approve and adopt Conditional Use Permit No. 2015-05796 and
Variance No. 2015-05011, contingent upon and subject to: (1) the adoption by the City Council
of (i) a resolution approving and adopting General Plan Amendment No. 2015-00502, (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. 2015-00279, and (iii) a
resolution approving Tentative Tract Map No. 17879, all of which entitlements are now pending;
(2) the mitigation measures set forth in MMP No. 324, 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.
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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
November 16, 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.
r A r
CHAtRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 November 16, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
2015.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of November,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00041
o soioo Source: Recorded Tract Maps and/or City GIS.
s
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05796 AND
VARIANCE NO. 2015-05011
(DEV2015-00041)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1
The water quality management plan shall address the following items:
Public Works,
• The WQMP shall include additional information such as
Development Services
soils 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 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.
3
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 is required to be executed, approved by the City and
recorded by the applicant on the property for private sewer and private
storm drain connections to a public system.
4
That the developer shall submit a set of improvement plans for Public
Public Utilities,
Utilities Department review and approval in determining the conditions
necessary for providing water service to the project.
Water Engineering
5
In order to avoid impacts on nesting birds, vegetation removal shall not be
planning and Building
scheduled during the breeding season (January 15—September 15) to the
Department,
extent feasible. If vegetation clearing for construction must be conducted
during the breeding season, a pre -construction survey shall be conducted
Planning Services
by a qualified Biologist no earlier than three days prior to disturbance of
Division
vegetation to confirm the presence or absence of active nests in the work
area. If no active nests are found, vegetation removal can proceed. If the
Biologist finds an active nest in or adjacent to the construction area and
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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, location of the nest, the existing level of human activity, and the
nature of the construction activity. MM -BIO -1
6
In order to avoid impacts to the western mastiff bat, a pre -construction
planning and Building
survey of all suitable roosting habitat shall be conducted by a Qualified
Department,
Biologist prior to any demolition or grading taking place during the bat
maternity season (i.e., March 1 through August 31). All structures with the
Planning Services
potential to support roosting bats shall be inspected for sign (e.g., urine
Division
staining, guano deposits). Construction activities must stay a minimum of
200' from any active roost sites or as directed by the qualified biologist.
Exclusionary measures may be implemented outside of the maternity
season under the guidance of the qualified biologist to ensure no roosting
during construction. MM -BIO -2
7
A survey shall be conducted by a qualified Biologist for active raptor nests
Planning and Building
prior to commencement of any construction activities during the raptor-
Department,
nesting season (January 15 -September 15). Restrictions may be placed on
construction activities in the vicinity of any active nest observed until the
Planning Services
nest is no longer active as determined by the Biologist. The Biologist shall
Division
identify an appropriate buffer zone 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 -3
8
Prior to demolition and/or construction activities, the project site shall be
planning and Building
tested for asbestos containing materials (ACM) and lead-based paint (LBP)
Department,
by a licensed contractor. The asbestos report shall be submitted to
SCAQMD for review and approval. In addition, copies of the asbestos and
Planning Services
lead report shall be provided to the City prior to the issuance of demolition
Division
permits. Removal or disturbance of material with any detectable amount of
ACM or LBP must be handled in accordance with Occupational Safety and
Health Administration (OSHA) regulations. All hazardous materials will
be removed by trained and authorized personnel and disposed of at a
licensed facility (generally a Class III landfill), in compliance with local,
state, and federal regulations and guidelines. All applicable local, state, and
federal codes and regulations related to the treatment, handling, and
disposal of asbestos and lead shall be observed if the Proposed Project
re uires asbestos and/or lead abatement. MM-HAZ-1
9
The project applicant shall require that all construction contractors restrict
Planning and Building
the operation of any construction equipment that is powered by a greater
Department,
than 150 horse power engine from operating within 20 feet of any offsite
Planning Services
structure. MM -N-2
Division
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
10
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
Public Utilities,
easement for all large domestic above -ground water meters and fire
hydrants, including a five (5) -foot wide easement around the fire hydrant
Water Engineering
and/or water meter pad (ii) a twenty (20) foot wide easement for all water
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
11
The developer/owner shall submit to the Public Utilities Department,
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This
Water Engineering
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.
12
The owner shall submit s set of improvement plans for review and
Public Utilities,
approval in determining the conditions necessary for providing water
service to the project.
Water Engineering
13
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hersey Residential Fire Meter with Translator Register, no equals.
Water Engineering
14
Individual water service and/or fire line connections will be required for
Public Utilities,
each parcel or residential, commercial, industrial unit per Rule 18 of the
City of Anaheim's Water Rates, Rules and Regulations.
Water Engineering
15
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way,
public utility easement or City easement area including but not limited to
Water Engineering
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.
16
A minimum of two connections to public water mains and water looping
Public Utilities,
inside the project are required.
Water Engineering
17
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed water main and other facilities:
Water Engineering
- 10 -feet minimum separation (outside wall -to -outside wall)
from sanitary sewer mains and laterals, and any buildings,
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
footings, and walls
- 5 -feet minimum separation from all other utilities,
including storm drains, gas, and electric
- 6 -feet minimum separation from curb face
18
No public water main or public water facilities shall be installed in private
Public Utilities,
alleys or paseo areas.
Water Engineering
19
No public water mains or laterals shall be allowed under parking stalls or
Public Utilities,
parking lots.
Water Engineering
20
A private water system with separate water service for fire protection and
Public Utilities,
domestic water shall be provided.
Water Engineering
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
21
Excluding model homes, an encroachment license agreement is required to
Public Works,
be executed, approved by the City and recorded by the applicant on the
Development Services
property for the private sewer and private storm drain located in the public
right of way.
22
Street improvement plans shall be submitted for all traffic related
Public Works,
improvements adjacent to the project site to the Public Works Department,
Development Services Division for review and approval. These plans will
Traffic Division
show both sides of all streets and alleys adjacent to the property, including
all driveways and utility installations, signing and striping. All
improvements shall be installed and completed prior to the first final
building and zoning inspection.
23
Plans shall be submitted showing stop control for the private driveway at
Public Works,
Riverdale Avenue. A stop sign shall be installed and stop legend shall be
painted on the private drive in the northbound direction at Riverdale
Traffic Division
Avenue prior to final building and zoning inspection. Subject property
shall thereupon be developed and maintained in conformance with said
plans.
A bond shall be posted for all traffic related street improvements,
Public Works,
including, but not limited to, directional signage, striping, and driveways as
required for said project. All improvements identified as required for the
Traffic Division
project opening shall be completed prior to final building and zoning
inspection.
25
Vehicle gates shall not be installed across the project driveways or access
Public Works,
roads without providing a vehicle turnaround area to the satisfaction of the
City Engineer.
Traffic Division
26
Excluding model homes, the final map shall be submitted to and approved
Public Works,
by the City of Anaheim Department of Public Works and the Orange
County Surveyor for technical review and that all applicable conditions of
Development Services
approval have been complied with and then shall be filed in the Office of
the Orange County Recorder.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
27
All backflow equipment shall be located above ground outside of the street
Public Utilities,
setback area in a manner fully screened from all public streets and alleys.
Any backflow assemblies currently installed in a vault will have to be
Water Engineering
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.
2g
All requests for new water services backflow equipment, or fire lines, as
�
Public Utilities,
well as any modifications, relocations, or abandonments of existing water
services, backflow equipment, and fire lines, shall be coordinated and
Water Engineering
permitted through the Water Engineering Division of the Anaheim Public
Utilities Department.
29
This is a project with a landscaping area exceeding 2,500 square feet, a
Public Utilities,
Landscape Documentation Package and a Certification of Completion are
required and a separate irrigation meter shall be installed in compliance
Water Engineering
with Chapter I 0.19 of Anaheim Municipal Code and Ordinance No. 6160
relating to landscape water efficiency.
30
All existing water services and fire services shall conform to current Water
Public Utilities,
Services Standards Specifications. Any water service and/or fire line that
does not meet current standards shall be upgraded if continued use is
Water Engineering
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.
31
Water improvement plans and approved design shall be submitted. The
Public Utilities,
legal property owner shall post a security to complete the required
improvements. The improvements shall be completed prior to Final
Water Engineering
Building and Zoning Inspections.
32
The property owner/developer shall coordinate with Electrical Engineering
Public Utilities,
to establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
Electrical Engineering
technical drawings and specifications.
33
The legal owner shall provide to the City of Anaheim a Public Utilities
Public Utilities,
easement with dimensions as shown on the approved utility service plan.
Electrical Engineering
34
The legal owner shall submit payment to the City of Anaheim for service
Public Utilities,
connection fees.
Electrical Engineering
35
The legal owner shall post an electrical performance bond as determined
Public Utilities,
by Public Utilities.
Electrical Engineering
36
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
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
been complied with and then shall be filed in the office of the Orange
County Recorder.
37
The project applicant shall provide a "windows closed" condition for each
Planning and Building
proposed home. A "windows closed" condition requires a means of
Department,
mechanical ventilation per Chapter 12, Section 1205 of the Uniform
Building Code. This shall be achieved with a standard forced air
Planning Services
conditioning and heating system with a filtered outside air intake vent for
Division
each residential unit. MM -N-1
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
38
Address numbers shall be positioned so as to be readily readable from the
police Department
street. Numbers shall be visible during hours of darkness.
39
Prior to occupancy, the legal owner shall install street lights as determined
Public Utilities,
and planned by Public Utilities. The legal owner shall post a bond for street
Electrical Engineering
lighting as determined by Public Utilities per Rule 24 front foot fees.
40
Fire lanes shall be posted with "No Parking Any Time." Said information
Public Works,
shall be specifically shown on plans submitted for reiterate building
permits.
Traffic Engineering
41
The developer shall improve the streets as follows: 1) improve private
Public Works,
streets per City Standard Detail 162 or as approved by the City Engineer,
Development Services
2) improve Riverdale Avenue per City Standard Detail 160-A or as
approved by the City Engineer. Parkway landscaping, and sidewalk shall
be constructed with the parkway irrigation connected to the on-site
irrigation system and maintained by the property owner.
42
Accessible compliant curb access ramps with truncated domes shall be
Public Works,
constructed at the intersections of Riverdale Avenue and both sides of the
Development Services
private street in conformance with Public Works Standard Detail 111-3.
43
All required WQMP items shall be inspected and operational.
Public Works,
Development Services
44
All required public street, landscaping, irrigation, sewer and drainage
Public Works,
improvements shall be constructed prior to final building and zoning
Development Services
inspections and are subject to review and approval by the Construction
Services inspector.
45
The project applicant shall install a positive static pressure forced air
planning and Building
heating, ventilation, and air conditioning (HVAC) system into all single-
Department
family homes. Each HVAC system shall be required to install a high
efficiency Minimum Efficiency Reporting Value (MERV) filter of MERV
13 or better in the air intake for the HVAC system and the air intake will
be installed with a fan designed to force air through the MERV 13 filter in
order to create positive static pressure. The project applicant shall also
provide each homeowner with detailed maintenance instructions and
recommended cleaning schedules for the HVAC systems as well as a
disclosure that these units are not as effective if windows or doors are left
- 13 - PC2015-094
-14- PC2015-094
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
open.
ON-GOING D URING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
46
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.
47
Trash storage areas shall be provided and maintained in a location acceptable
Public Works
to the Public Works Department, Streets and Sanitation Division and in
Department,
accordance with approved plans on file with said Department. Said storage
Streets and Sanitation
areas shall be designed, located and screened so as not to be readily
Division
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.
48
Vehicle gates shall not be installed across the project driveway or access
Public Works,
roads without providing a vehicle turnaround area.
Traffic Engineering
49
In the event that archaeological resources are unearthed during ground-
Planning and Building
disturbing activities associated with the Proposed Project, the contractor
Department
shall cease all earth -disturbing activities within 50 feet of the discovery
and shall retain a qualified archaeologist. Construction activities may
continue in other areas. The archaeologist shall evaluate the resource and
determine if the discovery is significant. If the discovery proves to be
significant, additional work, such as data recovery excavation or resource
recovery, may be warranted and shall be discussed in consultation with the
appropriate regulatory agency. MM -CUL -1
50
In the event that paleontological resources are unearthed during ground-
Planning and Building
disturbing activities associated with the Proposed Project, the contractor
Department,
shall cease all earth -disturbing activities within 50 feet of the discovery
Planning Services
and shall retain a qualified paleontologist. Construction activities may
Division
continue in other areas. The paleontologist shall evaluate the resource and
determine if the discovery is significant. If the discovery proves to be
significant, additional work, such as data recovery excavation or resource
recovery, may be warranted and shall be discussed in consultation with the
appropriate regulatory agency. MM-PALEO-1
51
The project applicant shall test the building materials in the existing
Planning and Building
structures to be torn down to determine if any asbestos is in these
Department
structures. If asbestos is found, the project applicant shall include a copy of
SCAQMD Rule 1403 with the demolition bidding packet and require that
the asbestos removal procedures detailed in SCAQMD Rule 1403 are
followed by the demolition contractor.
-14- PC2015-094
- 15 - PC2015-094
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
52
The subject Property shall be developed substantially in accordance with
planning and Building
plans and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department, and as
conditioned herein.
Planning Services
Division
53
Conditions of approval related to each of the timing milestones above shall
Planning and Building
be prominently displayed on plans submitted for permits. For example,
Department,
conditions of approval that are required to be complied with prior to the
Planning Services
issuance of building permits shall be provided on plans submitted for
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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.
54
The applicant is responsible for paying all charges related to the processing
Planning and Building
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
Planning Services
whichever occurs first. Failure to pay all charges shall result in delays in
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the issuance of required permits or may result in the revocation of the
approval of this application.
55
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,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this permit
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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.
- 15 - PC2015-094