Resolution-PC 2017-066RESOLUTION NO. PC2017-066
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM DETERMINING THAT AN ADDENDUM TO THE
PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL REPORT NO. 330 AND
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 346 IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED
CONDITIONAL USE PERMIT NO. 2016-05902
(DEV2016-00138)
(633-711 SOUTH EAST STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2016-05902 to
permit the construction of a 42 -unit attached, single-family residential project with modified
development standards, i.e., a reduction in the interior, street, and building -to -building setback
requirements of the "RM -4" Multiple -Family Residential Zone, for that certain real property
located at 633-711 South East 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. 2016-05902 is 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 the Property designated as "Low -Medium Density Residential" to
"Medium Density Residential" land uses, which amendment to the General Plan is designated as
"General Plan Amendment No. 2016-00512", and (ii) for approval of a tentative tract map to
permit a 42 -lot attached, single-family residential subdivision of the Property, which is designated
as "Tentative Tract Map No. 18088". General Plan Amendment No. 2016-00512, Conditional Use
Permit No. 2016-05902, and Tentative Tract Map No. 18088 shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, single family, attached dwelling development within the "RM -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 .010 of Section 18.04.160 (Planned Unit Development), the minimum
setbacks set forth in Section 18.06.090 of Chapter 18.06 (Multiple -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. 2016-05902 will permit the
reduction in interior, street, and building -to -building setback requirements of the "RM -4"
Multiple -Family Residential Zone; and
WHEREAS, the Property is approximately 1.78 acres in size and is currently improved
with industrial buildings. The Property is located in the "I" Industrial Zone, which is a zone under
the Zoning Code. The Property is also located within the Residential Opportunity (RO) Overlay
Zone, meaning that the regulations contained in Chapter 18.34 (Residential Opportunity (RO)
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 "Low -Medium Density Residential"
uses; and
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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 May 2004, the City Council certified the General Plan and Zoning Code
Update Program EIR No. 330 (EIR 330), which evaluated impacts associated with implementation
of the Anaheim General Plan and Zoning Code Update and created a Mitigation Monitoring
Program No. 122 to mitigate those impacts. The project site was designated for Low -Medium
Density Residential land use as a part of the update; and
WHEREAS, in September 2013, the City Council certified Supplemental Enviromnental
Impact Report No. 346 (SEIR 346) for the Anaheim Housing Opportunities Site Rezoning. The
City approved Mitigation Monitoring Program No. 122A as part of SEIR 346. SEIR 346
supplemented EIR 330 in the areas of air quality, greenhouse gas emissions, noise, and
transportation and traffic. The Rezoning implemented a key strategy of the City's 2006-2014
General Plan Housing Element by rezoning the properties identified as Housing Opportunities
Sites in the Housing Element. The proposed rezoning of these approximately 166 sites allowed
"by -right" housing development at these locations by applying one of two overlay zones to these
properties: the Residential Opportunity (RO) Overlay Zone or the Mixed Use (MU) Overlay Zone.
The project site was reclassified to the "RO" Overlay Zone as a part of the Rezoning Project; and
WHEREAS, a draft Addendum to EIR 330 and SEIR 346 has been prepared to evaluate
the environmental impacts of the Proposed Project and to identify necessary mitigation; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that
are specific to the Proposed Project (herein referred to as "MMP 347"). A complete copy of MMP
347 is on file and can be viewed in the Planning Services Division of the City; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 7, 2017 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, pursuant to the provisions of CEQA, the State CEQA Guidelines, and the
City's Local CEQA Procedure Manual, this Planning Commission finds and determines and
recommends 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 347 and that the City Council approve and adopt the Addendum and MMP 347; and
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WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this 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. 2017-05917:
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. Said 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 and the Project;
5. The size and shape of the site proposed for the 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 Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area;
7. The Project complies with the General Plan and will comply with the zoning
for the Property.
8. 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 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, as the "lead agency" under the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough review of the
Proposed Project, the Addendum, EIR 330, SEIR 346, and the evidence received to date, does
determine as follows:
1. That the Addendum was prepared in compliance with the requirements of CEQA,
the State CEQA Guidelines, and the City's Local CEQA Procedure Manual;
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2. That, based upon the evidence submitted and as demonstrated by the analysis
included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the
State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental
impact report or negative declaration have occurred; specifically:
(a) There have not been any substantial changes in any of the entitlements that were
analyzed in EIR 330 and SEIR 346 that require major revisions of EIR 330 or SEIR 347
because of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects;
(b) There have not been any substantial changes with respect to the circumstances under
which the Proposed Project is undertaken that require major revisions of EIR 330 and SEIR
346 due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; and
(c) There is no new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time EIR 330 and
SEIR 347 were certified as complete and adopted, that shows any of the following:
(i) The Proposed Project will have one or more significant effects not discussed in
EIR 330 and SEIR 346;
(ii) Significant effects previously examined will be substantially more severe than
shown in EIR 330 and SEIR 346;
(iii) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible and would substantially reduce one or more significant effects of
the Proposed Project, but the proponents of the Proposed Project decline to adopt
the mitigation measures or alternatives; or
(iv) Mitigation measures or alternatives which are considerably different from those
analyzed in EIR 330 and SEIR 346 would substantially reduce one or more
significant effects on the environment, but the proponents of the Proposed Project
decline to adopt the mitigation measures or alternatives.
BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning
Commission determines that EIR 330 and SEIR 346, together with the Addendum, are adequate
to serve as the required environmental documentation for the Proposed Project.
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and
considered Mitigation Monitoring and Reporting Program No. 347 ("MMP 347"), which was
prepared for the Proposed Project and includes mitigation measures from EIR 330 and SEIR 346
that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds
and determines that, with the imposition of identified mitigation measures, the Proposed Project
will not result in any new significant impacts to the environment and there is no substantial
evidence that the Proposed Project will have a significant effect on the environment.
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BE IT FURTHER 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. 2016-05902, contingent upon and subject to: (1)
the adoption by the City Council of (i) a resolution approving and adopting General Plan
Amendment No. 2016-00512, and (ii) a resolution approving Tentative Tract Map No. 18088, all
of which entitlements are now pending; (2) the mitigation measures set forth in MMP 347, and 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.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit maybe 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
August 7, 2017. 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.,
"CHAIRPERSON, 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 )
1, 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 August 7, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: ARMSTRONG
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of August, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00138
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7- PC2017-066
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05902 AND
(DEV2016-00138)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OFA GRADING PERMIT
1
Prior to grading plan approval, the developer shall demonstrate that
coverage has been obtained under California's General Permit for
Public Works
Stormwater Discharges Associated with Construction Activity by
Development Services
providing a copy of the Notice of Intent (NOI) submitted to the State
Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID)
Number. The developer shall prepare and implement a Stormwater
Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall
be kept at the project site.
2
Prior to grading plan approval, the applicant shall submit a Drainage
Study prepared by a registered professional Civil Engineer in the State
Public Works,
of California. The Study shall be based upon and reference the latest
Development Services
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. 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 runoff
reduction) will be required to prevent downstream properties from
becoming flooded.
3
The applicant shall submit to the Public Works Department,
Public Works,
Development Services Division, for review and approval, a Water
Development Services
Quality Management Plan, as described in Drainage Area Management
Plan for Orange County. Said WQMP shall:
• Address 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.
• Incorporate applicable Routine Source Control BMPs.
• Incorporate Treatment Control BMPs.
• Describe the long-term operation and maintenance, identifies the
responsible parties, and funding mechanisms for the Treatment
Control BMPs
4
That the developer/owner shall submit a set of improvement plans for
Public Utilities Water Engineering review and approval in determining
Public Utilities,
the conditions necessary for providing water service to the project.
Water Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
5
Prior to the issuance of grading permits, the property owner/developer
planning and Building
shall include a note on all grading plans which requires the construction
contractor to implement the following measures during grading. These
Department,
measures shall also be discussed at the pre -grade conference.
Planning Services
• Use low emission mobile construction equipment.
Division
• Maintain construction equipment engines by keeping them
tuned.
• Use low sulfur fuel for stationary construction equipment.
• Utilize existing power sources (i.e., power poles) when
feasible.
• Configure construction parking to minimize traffic
interference.
• Minimize obstruction of through -traffic lanes. When
feasible, construction should be planned so that lane
closures on existing streets are kept to a minimum.
• Schedule construction operations affecting traffic for off-
peak hours.
• Develop a traffic plan to minimize traffic flow interference
from construction activities (the plan may include advance
public notice of routing, use of public transportation and
satellite parking areas with a shuttle service). MM -5.2-1
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
6
Prior to the issuance of a building permit, building plans shall be
Public Works,
submitted showing stop control for private driveway. A stop sign shall
Traffic Division
be installed and stop legend shall be painted on the driveway in the
eastbound direction at entrance to East Street prior to final building and
zoning inspection. Subject property shall thereupon be developed and
maintained in conformance with said plans.
7
Prior to the issuance of a building permit, the applicant shall submit draft
Covenants Conditions and Restrictions (CC&Rs) that are prepared by
Public Works,
an authorized professional for review and approval by the Director of
Traffic Division
Public Works and City Attorney, which will generally provide for the
following:
a. A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by the
Association or City of Anaheim staff.
c. A provision requiring that proposed amendments to the CC&Rs
shall be submitted for review to the Public Works Director or
designee, and shall be approved by the City Attorney prior to the
amendment being valid.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
d. A provision that the City is a third -party beneficiary to the
CC&Rs and has the right, but not the obligation, to enforce any
of the provisions of the CC&Rs.
8
That a private water system with separate water service for fire
public Utilities, Water
protection and domestic water shall be provided and shown on plans
submitted to the Water Engineering Division of the Anaheim Public
Engineering
Utilities Department.
9
That water submetering shall be furnished and installed by the
Owner/Developer and a water submeter shall be installed to each
public Utilities, Water
individual unit. Provisions for the ongoing maintenance and operation
Engineering
(including meter billing) of the submeters shall be the responsibility of
the Owner/Developer and included and recorded in the Master CC & Rs
for the project.
10
That all backflow equipment shall be located above ground outside of
the street setback area in a manner fully screened from all public streets
public Utilities, Water
and alleys. Any backflow assemblies currently installed in a vault will
Engineering
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.
11
That all requests for new water services, backflow equipment, or fire
lines, as well as any modifications, relocations, or abandonments of
public Utilities, Water
existing water services, backflow equipment, and fire lines, shall be
Engineering
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
12
That all existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire
public Utilities, Water
line that does not meet current standards shall be upgraded if continued
Engineering
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.
13
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)
an easement for all large domestic above -ground water meters and fire
public Utilities, Water
hydrants, including a five (5) -foot wide easement around the fire hydrant
Engineering
and/or water meter pad. (ii) a twenty (20) foot wide easement for all
water service mains and 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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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.
14
That the developer/owner shall submit a water system master plan,
including a hydraulic distribution network analysis, for Public Utilities
Public Utilities,
Water Engineering review and approval. The master plan shall
Water Engineering
demonstrate the adequacy of the proposed on-site water system to meet
the project's water demands and fire protection requirements.
15
That the developer/owner shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate
Public Utilities,
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.1 of the Water Utility Rates, Rules, and
Regulations.
16
That individual water service and/or fire line connections will be
public Utilities,
required for each parcel or residential, commercial, industrial unit per
Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations.
Water Engineering
17
Owner shall install an approved backflow prevention assembly on the
water service connection(s) serving the property, behind property line
Public Utilities,
and building setback in accordance with Public Utilities Department
Water Engineering
Water Engineering Division requirements.
18
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
19
Prior to the issuance of building permits, the property owner/developer
Planning and Building
for residential or residential projects within: 1) 1,000 feet from the truck
Department, Planning
bays of an existing distribution centers that accommodate more than 100
Services Division
trucks per day, more than 40 trucks with operating transport refrigeration
units, or where transport refrigeration unit operations exceed 300 hours
per week; 2) 1,000 feet of an industrial facility which emits toxic air
contaminants; or 3) 500 feet of Interstate 5 (I-5), State Route 91 (SR -
91), State Route 57 (SR -57) or State Route 55 (SR -55), shall submit a
health risk assessment (HRA) prepared in accordance with policies and
procedures of the state Office of Environmental Health Hazard
Assessment (OEHHA) and the South Coast Air Quality Management
District (SCAQMD).
The HRA shall be submitted to the Anaheim Planning Department prior
to the issuance of building permits for any future residential or
residential mixed-use project. If the HRA shows that the incremental
cancer risk exceeds one in one hundred thousand (1.0E-05), or the
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
appropriate noncancer hazard index exceeds 1.0, or if the PM10 or
PM2.5 ambient air quality standard exceeds 2.5 µg/m3, the HRA shall
identify the level of high -efficiency Minimum Efficiency Reporting
Value (MERV) filter required to reduce indoor air concentrations of
pollutants to achieve the cancer and/or noncancer and/or ambient air
quality threshold.
The HRA completed for the Proposed Project concluded that a MERV-
11 filter shall be required to reduce indoor air concentrations of
pollutants to achieve the cancer and/or noncancer and/or ambient air
quality threshold. Heating, ventilation, and air conditioning systems for
units that are installed with MERV-11 filters shall maintain positive
pressure within the building's filtered ventilation system to reduce
infiltration of unfiltered outdoor air. The property owner/developer shall
be required to install high efficiency MERV-11 filters in the intake of
residential ventilation systems, consistent with the recommendations of
the HRA. Heating, air conditioning and ventilation (HVAC) systems
shall be installed with a fan unit power designed to force air through the
MERV filter. To ensure long-term maintenance and replacement of the
MERV filters in the individual units, the following shall occur:
a) Developer, sale, and/or rental representative shall provide
notification to all affected tenants/residents of the potential
health risk for affected units.
b) For rental units, the owner/property manager shall maintain and
replace MERV-11 filters in accordance with the manufacture's
recommendations. The property owner shall inform renters of
increased risk of exposure to diesel particulates when windows
are open.
c) For residential owned units, the Homeowner's Association
(HOA) shall incorporate requirements for long-term
maintenance in the Covenant Conditions and Restrictions and
inform homeowners of their responsibility to maintain the
MERV-11 filter in accordance with the manufacturer's
recommendations. The HOA shall inform homeowners of
increased risk of exposure to diesel particulates when windows
are open.
d) For projects within 500 feet of the freeway, air intakes on
residential buildings shall be placed as far from the freeway as
possible.
e) For projects within 500 feet of the freeway, the residential
buildings should be designed to limit the use of operable
windows and/or balconies on portions of the site adjacent to and
facing the freeway. MM 5.2-7
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
20
Address numbers shall be positioned so as to be readily readable from
the street. Numbers shall be visible during hours of darkness.
police Department
21
Prior to final building and zoning inspections, all required WQMP items
public Works,
shall be inspected and operational.
Development Services
22
All required public street, landscaping, irrigation, sewer and storm drain
public Works,
improvements shall be constructed prior to final building and zoning
inspections and are subject to review and approval by the Construction
Development Services
Services inspector.
23
Prior to final building and zoning inspection the developer shall make a
cash payment to the City of Anaheim in -lieu of street widening. Submit
public Works,
a construction cost estimate for review. Cash in -lieu payment to be
Development Services
determined subsequently.
24
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Red curb locations shall be clearly labeled
public Works,
on building plans.
Traffic Engineering
25
Prior to connection of electrical service, the legal owner shall provide to
the City of Anaheim a Public Utilities easement with dimensions as
public Utilities,
shown on the approved utility service plan.
Electrical Engineering
26
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
27
Submit a written Solid Waste Management Plan (SWMP) To Public
Works Department for review and approval.
public Works,
• Provide a site plan and details, drawn to scale, displaying the
Streets and Sanitation
storage location of trash barrels and the location of barrels to
be collected on trash collection day.
• Include site plan and details in the SWMP.
• No dead ends; no backing by trash truck allowed. Cul-de-
sac or hammerhead turn -around required for each unit.
• Provide adequate storage space, out of public view, for a
minimum of three (3) barrels on non -service day.
• Provide adequate space for curbside trash collection,
minimum of two (2) barrels, 18" between each barrel on
collection day.
• Barrel collection area shall be clear of any obstructions, e.g.
telephone poles, trees or mail boxes.
• Curbing shall be painted red designating area for trash truck
turnaround.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
• Each parcel shall provide trash barrel access to and from
storage location to curbside.
• Gate width shall accommodate trash barrels (see trash barrel
standard).
• Project shall record SWMP, including storage and collection
in CCR's.
• Street shall meet the City standard for public or Private
Street.
Provide 14' 6" vertical clearance, no overhangs in service area.
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
28
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.
29
The City will encourage the incorporation of energy conservation
Planning and Building
techniques (i.e. installation of energy saving devices, construction of
Department
electric vehicle charging stations, use of sunlight filtering window
coatings or double -paned windows, utilization of light-colored roofing
materials as opposed to dark -colored roofing materials, and placement
of shady trees next to habitable structures) in new developments.
MM 5.2-5
30
The City will encourage the incorporation of bus stands, bicycle racks,
Planning and Building
bicycle lanes, and other alternative transportation related infrastructure
Department, Planning
in new developments. MM 5.2-6
Services Division
GENERAL
31
The following minimum horizontal clearances shall be maintained
Public Utilities,
between proposed public water main and other facilities:
Water Engineering
• 10 -feet minimum separation (outside wall -to -outside wall)
from sanitary sewer mains and laterals
• 5 -feet minimum separation from all other utilities, including
storm drains, gas, and electric
• 6 -feet minimum separation from curb face
10 -feet minimum separation from structures, footings, and
trees.
32
No public water main or public water facilities shall be installed in
private alleys or paseo areas.
public Utilities,
Water Engineering
33
No public water mains or laterals allowed under parking stalls or parking
lots.
public Utilities,
Water Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
34
All fire services 2 -inch and smaller shall be metered with a UL listed
meter, Hersey Residential Fire Meter with Translator Register, no
public Utilities,
Water Engineering
equals.
35
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
planning Department,
applicant and which plans are on file with the Planning Department, and
planning Services
as conditioned herein.
Division
36
Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
planning Department,
example, conditions of approval that are required to be complied with
planning Services
prior to the issuance of building permits shall be provided on plans
Division
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.
37
The applicant is responsible for paying all charges related to the
planning Department,
processing of this discretionary case application within 30 days of the
issuance of the final invoice or prior to the issuance of building permits
planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
38
The Applicant shall defend, indemnify, and hold harmless the City and
planning Department,
its officials, officers, employees and agents (collectively referred to
"Indemnitees")
Planning Services
individually and collectively as from any and all claims,
actions or proceedings brought against Indemnitees to attack, review,
Division
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.
-15 - PC2017-066