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RES-2017-149RESOLUTION NO. 2017-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016- 05902 AND MAKING CERTAIN FINDINGS THEREWITH AND 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 (DEV2016-00138) (633-711 SOUTHEAST STREET) WHEREAS, the City of Anaheim 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 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 Environmental 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, following said public hearing, the Planning Commission adopted its Resolution No. 2017-0666 and pursuant to the provisions of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual, found and determined and recommended that the City Council also find and determine that the Proposed Project will have a less than significant 2 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 WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), by the adoption of its Resolution no. 2017- 066 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 City Council 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 City Council 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 City Council 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: I. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; 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 City Council 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 City Council has reviewed and considered 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 11 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 than previously disclosed in EIR 330 and SEIR 346. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, 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 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 City Council 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. 5 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 17th day of October, 2017 by the following roll call vote: AYES: Mayor Tait and Council Members Murray, Moreno, Kring and Faessel NOES: Mayor Pro Tem Vanderbilt and Council Member Barnes ABSENT: None ABSTAIN: None ATTEST: ACTING CITY CLERK OF THE CITY OF ANAHEIM 124385v1/LHM 501 CITY OF ANAHEIM MAYOR OF THE d1TY OF ANAHEIM EXHIBIT "A" DEV NO. 2016-00138 APN: 037-130-21 O E HAVEN OR EWp��RST OK pt' CRESlgRO 324 o ONJE OA N � o p � '►i a V- E OPpL pvE o so v Source: Recorded Tract Maps and/or City GIS. ioo Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05902 AND (DEV2016-00138) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 Prior to grading plan approval, the developer shall demonstrate that public Works coverage has been obtained under California's General Permit for Development Services Stormwater Discharges Associated with Construction Activity by 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 Public Works, Study prepared by a registered professional Civil Engineer in the State of Development Services California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub- area boundaries per the Master Plan for Drainage shall be maintained. 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 Public Utilities Water Engineering review and approval in determining RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT the conditions necessary for providing water service to the project. Engineering 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 Department, contractor to implement the following measures during grading. These 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 Public Works, Covenants Conditions and Restrictions (CC&Rs) that are prepared by an Traffic Division authorized professional for review and approval by the Director of 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 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 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 Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 9 That water submetering shall be furnished and installed by the public Utilities, Water Owner/Developer and a water submeter shall be installed to each Engineering individual unit. Provisions for the ongoing maintenance and operation (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 public Utilities, Water street setback area in a manner fully screened from all public streets and Engineering alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 11 That all requests for new water services backflow equipment, or fire Public Utilities, Water lines, as well as any modifications, relocations, or abandonments of Engineering existing water services, backflow equipment, and fire lines, shall be 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 public Utilities, Water Water Services Standards Specifications. Any water service and/or fire Engineering line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 13 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) public Utilities, Water an easement for all large domestic above -ground water meters and fire Engineering hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL 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. 14 That the developer/owner shall submit a water system master plan, public Utilities, Water including a hydraulic distribution network analysis, for Public Utilities Engineering Water Engineering review and approval. The master plan shall 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 Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 16 That individual water service and/or fire line connections will be public Utilities, Water required for each parcel or residential, commercial, industrial unit per Engineering Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 17 Owner shall install an approved backflow prevention assembly on the public Utilities, water service connection(s) serving the property, behind property line Water Engineering and building setback in accordance with Public Utilities Department 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 establish Electrical Engineering 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), NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 appropriate noncancer hazard index exceeds 1.0, or if the PM10 or PM2.5 ambient air quality standard exceeds 2.5 gg/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 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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 PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 20 Address numbers shall be positioned so as to be readily readable from police Department the street. Numbers shall be visible during hours of darkness. 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 Development Services inspections and are subject to review and approval by the Construction Services inspector. 23 Prior to final building and zoning inspection the developer shall make a Public Works, cash payment to the City of Anaheim in -lieu of street widening. Submit Development Services a construction cost estimate for review. Cash in -lieu payment to be determined subsequently. 24 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel public Works, Traffic parking in the drive aisles. Red curb locations shall be clearly labeled on Engineering building plans. 25 Prior to connection of electrical service, the legal owner shall provide to Public Utilities, the City of Anaheim a Public Utilities easement with dimensions as Electrical Engineering shown on the approved utility service plan. 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 public Works, Streets Works Department for review and approval. and Sanitation • Provide a site plan and details, drawn to scale, displaying the storage location of trash barrels and the location of barrels to be collected on trash collection day. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT • 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. • 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, CONSTR UCTIONAND 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 in Department, Planning new developments. MM 5.2-6 Services Division GENERAL RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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 public Utilities, Water private alleys or paseo areas. Engineering 33 No public water mains or laterals allowed under parking stalls or parking public Utilities, Water lots. Engineering 34 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities, Water meter, Hersey Residential Fire Meter with Translator Register, no equals. Engineering 35 The subject Property shall be developed substantially in accordance with planning Department, plans and specifications submitted to the City of Anaheim by the planning Services applicant and which plans are on file with the Planning Department, and Division as conditioned herein. 36 Conditions of approval related to each of the timing milestones above shall planning Department, be prominently displayed on plans submitted for permits. For example, planning Services conditions of approval that are required to be complied with prior to the Division issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 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 planning Services issuance of the final invoice or prior to the issuance of building permits Division for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 The Applicant shall defend, indemnify, and hold harmless the City and planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees") from any and all claims, Division actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No.2017-149 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of October, 2017 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Murray, Moreno, Kring and Faessel NOES: Mayor Pro Tem Vanderbilt and Council Member Barnes ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of October, 2017. CLERK OF THE CITY OF ANAHEIM (SEAL)