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Resolution-PC 2017-085RESOLUTION NO. PC2017-085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT STREAMLINED REVIEW PURSUANT TO SECTION 15183.3 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS APPROPRIATE AND APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2017-05909 (DEV2016-00088) (901 EAST SOUTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2017-05909 to permit the construction of a 546 -unit development with modified development standards, i.e., a reduction in the interior, street, and building -to -building setback requirements, and an increase in building height requirements within the "RM -4" Multiple -Family Residential Zone, consisting of 72 detached single family units, 160 attached single-family units, and 314 apartment units, for that certain real property located at 901 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. 2017-05909 is proposed in conjunction with (i) a request for approval of a tentative tract map to permit a 25 numbered lot and 7 lettered lot, 546 - unit residential subdivision of the Property, which is designated as "Vesting Tentative Tract Map No. 18101 "; and (ii) a tentative parcel map to permit a 4 -lot subdivision for conveyance purposes, which is designated at "Tentative Parcel Map No. 2017-120." Conditional Use Permit No. 2017- 05909, Tentative Tract Map No. 18101, and Tentative Parcel Map 2017-120 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, single family, attached dwelling development within the "RM -3" and "RM - 4" Multiple -Family Residential Zones 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 RM - 3 and RM -4 Zones). 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. 2017-05909 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 20.66 acres in size and is currently developed with industrial buildings. The Property is located in the "I" Industrial Zone. 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 in the Land Use Element of the General Plan for "Low -Medium Density Residential" and "Medium Density Residential" uses; and - 1 - PC2017-085 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 Property 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 Property was reclassified to the "RO" Overlay Zone as a part of the Rezoning Project; and WHEREAS, a streamlined review checklist was prepared pursuant to Section 15183.3 of the California Environmental Quality Act Guidelines to determine whether the project would have any significant effects that the City, as Lead Agency, did not previously disclose in Environmental Impact Report Nos. 330 and 346 pursuant to Public Resources Code Section 21094.5; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, mitigation measures from Mitigation Monitoring Program No. 122A that are specific to the Proposed Project mitigation measures are reflected in Mitigation Monitoring Plan No. 349 (herein referred to as "MMP 349"). A complete copy of MMP 349 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 November 29, 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, after examining the Infill Streamlining Checklist, and 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 that with implementation of MMP 349 and uniformly applicable development policies and standards, the Proposed Project will not cause any new specific effects or more significant effects and no additional environmental review is required; and - 2 - PC2017-085 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. 2017-05909: 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 Infill Streamlining Checklist, EIR 330, SEIR 346, and the evidence received to date, does determine as follows: -3 - PC2017-085 I . That the Infill Streamlining Checklist 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 Infill Streamlining Checklist, no additional environmental review is required as the Proposed Project will not cause any new specific effects or more significant effects, or uniformly applicable development policies and standards will substantially mitigate such effects; 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 349 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 349 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 Infill Streamlining Checklist, are adequate to serve as the required environmental documentation for the Proposed Project. - 4 - PC2017-085 BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 349 ("MMP 349"), which was prepared for the Proposed Project and reflects 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 and uniformly applicable development policies and standards, the Proposed Project will not cause any new specific effects or more significant effects . BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve and adopt Conditional Use Permit No. 2017- 05909, contingent upon and subject to the adoption of a resolution approving Vesting Tentative Tract Map No. 18101 and Tentative Parcel Map No. 2017-120, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP 349, 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 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. - 5 - PC2017-085 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 29, 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 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 29, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 291h day of November, '&-, 'z,� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2017-085 EXHIBIT "A" DEV NO. 2016-00088 0 510 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 7 - PC2017-085 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05909 (DEV2016-00088) - 8 - PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 The developer shall prepare and submit a final grading plan showing public Works, building footprints, pad elevations, finished grades, drainage routes, Development retaining walls, erosion control, slope easements and other pertinent Services information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 2 The developer shall prepare and submit a final drainage study, including Public Works, supporting hydraulic and hydrological data to the City of Anaheim for Development review and approval. The study shall confirm or recommend changes to Services the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 3 The developer shall execute a Save Harmless Agreement with the City of public Works Anaheim for any storm drain connections to the City's storm drain system. Development The agreement shall be recorded by the applicant on the property prior to Services the issuance of any permits. 4 The owner shall obtain the required coverage under California's General Public Works, Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Development Resources Control Board and a copy of the subsequent notification of the Services issuance of a Waste Discharge Identification (WDID) number. 5 The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP). Public Works, The SWPPP shall be kept at the project site and be available for Public Development Works Development Services Division review upon request. Services 6 Submit Water Quality Management Plan (WQMP) to the City for review Public Works, and approval. The WQMP shall be consistent with the requirements of Development Section 7 and Exhibit 7.II of the Orange County Drainage Area Services Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff, and provide a monitoring program - 8 - PC2017-085 - 9 - PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT to address the long-term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. 7 Submit a Preliminary Geotechnical Report to the Public Works Public Works, Development Services Division for review and approval. The report shall Development address grading and any proposed infiltration features of the WQMP. Services 8 The owner/developer shall submit a set of improvement plans for Public Public Utilities, Utilities Water Engineering review and approval in determining the Water Engineering conditions necessary for providing water service to the project. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 9 The applicant shall submit draft Covenants, Conditions, and Restrictions public Works, (CC&Rs) that are prepared by an authorized professional for review and Traffic Division 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 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. 10 Prior to issuance of building permits, the applicant shall coordinate with Public Works, SCRRA and PUC to ensure project construction and project operation will Traffic Division not interfere with the existing SCRRA railroad line immediately adjacent to the project site and the adjacent active railroad crossing on Santa Ana Street and South Street. Any relocation or modification of facilities related to the railroad line and/or the active railroad crossing shall be performed prior to final building and zoning inspection at the expense of the property owner. 11 Prior to the issuance of a building permit, plans shall be submitted showing Public Works, stop control for all minor street intersections. Subject property shall Traffic Division thereupon be developed and maintained in conformance with said plans. 12 Plans shall specifically indicate that the parking structure design including Public Works, column placement, parking stall design, drive aisle width, and all vehicular Traffic Division ramps and grades conform to all applicable Engineering Standards. 13 Prior to issuance of the a building permit for the parking structure, plans Public Works, shall demonstrate that at -grade ducts and overhead pipes shall not encroach Traffic Division in the parking space areas or required vehicle clearance areas. - 9 - PC2017-085 - 10- PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 14 Prior to issuance of the building permits, excluding model homes, an Public Works, encroachment license agreement is required to be executed, approved by Development the City and recorded by the applicant on the property for the private sewer Services and private storm drain located in the public right of way. 15 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 Department of Public Works and the Orange County Surveyor for technical Services review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. A private water system with separate water service for fire protection, Public Utilities, irrigation and domestic water shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 17 Water submetering shall be furnished and installed by the public Utilities, Owner/Developer and a water submeter shall be installed to each individual Water Engineering 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 Conditions, Covenants, and Restrictions (CC&Rs) for the project. 18 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. Water Engineering 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. 19 All requests for new water services, backflow equipment, or fire lines, as public Utilities, well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 20 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 Water Engineering does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 21 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 Water 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 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 - 10- PC2017-085 - 11 - PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 22 The Owner/Developer shall submit a water system master plan, including public Utilities, a hydraulic distribution network analysis, for Public Utilities Water Water Engineering 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. If development is to be constructed in more than one phase, the master plan shall include a phasing plan with supporting hydraulic network analysis for the various phases showing that any proposed incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing and the water facilities installed under said incremental phasing are sized to provide the future municipal demands and fire protection for the Project. Additionally, each phase/parcel shall be served by a minimum of two connections to public water mains and provide for water looping under all interim and ultimate conditions. 23 The owner/developer shall submit to the Public Utilities Department Water Public Utilities, Engineering Division an estimate of the maximum fire flow rate and Water Engineering 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. 24 Water improvement plans shall be submitted to the Water Engineering Public Utilities, Division for approval and a performance bond in the amount approved by Water Engineering the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 25 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 Water Engineering City of Anaheim's Water Rates, Rules and Regulations. When more than one Premises (or Lot) is served through a single Service Connection from the Public System, a legal association of ALL those properties served must be recorded with the Orange County Recorder. The Master CC&Rs of an association shall contain provisions which define the perpetual responsibility for the payment of all Utility Services provided and the individual responsibility of all association members. - 11 - PC2017-085 - 12 - PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT The Master CC&Rs shall be submitted to and approved by Water Engineering prior to approval of Building and/or UWM permits. 26 Applicant shall contact Water Engineering for recycled water system Public Utilities, requirements and specific water conservation measures to be incorporated Water Engineering into the building and landscape construction plans. 27 Prior to approval of permits for improvement plans, the property public Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electrical electrical service requirements and submit electric system plans, electrical Engineering panel drawings, site plans, elevation plans, and related technical drawings and specifications. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 28 All public improvements shall be constructed by the developer, inspected Public Works, and accepted by Construction Services prior to final building and zoning Development inspection. Services 29 All remaining fees/deposits required by Public Works department must be Public Works, paid in full. Development Services 30 Set all Monuments in accordance with the final map and submit all Public Works, ccnterline ties to Public Works Department. Any monuments damaged as a Development result of construction shall be reset to the satisfaction of the City Engineer. Services 31 ADA compliant curb access ramps with truncated domes shall be Public Works, constructed at the intersections with the private streets on both sides of the Development private street in conformance with Public Works Standard Detail 111-3. Services 32 Prior to final building and zoning inspections, all required WQMP items Public Works, shall be inspected and operational. Development Services 33 The property owner/developer shall execute and record with the Orange public Works, County Recorder an unsubordinated declaration of Covenants Conditions Traffic Engineering and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer, Planning Director, and City Attorney, which restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Prior approval from the City Engineer, Planning Director and the City Attorney's office must be obtained before recordation of any amendment to the CC&Rs. Gates, if any, shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. - 12 - PC2017-085 -13 - PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 34 The property owner/developer shall execute and record with the Orange Public Works, County Recorder an unsubordinated declaration of Covenants Conditions Traffic Engineering and Restrictions (CC&Rs) to run with the land, satisfactory to the City Engineer, Planning Director, and City Attorney, which establishes that the Board has the right, power and duty to enforce all parking, traffic, speed and vehicle use requirements and regulations applicable to the Community in any legal manner, including without limitation (a) the removal of violating vehicles from alleys, streets and other portions of the Community in accordance with California Vehicle Code Section 22658 or other applicable laws, (b) establishing methods of enforcement in the Rules and Regulations of the Association, such as levying Compliance Assessments for the violation of any parking, traffic or speed requirements by any Owner or person using the Private Streets as an invitee of an Owner and/or the removal of access rights to recreational facilities within the Community, (c) the obligation to maintain at all times in good and visible condition any City required traffic control and speed signage, and (d) monitoring and controlling (in any manner practically feasible) vehicle speed so as to ensure that all persons utilizing the private streets within the Community do not exceed the posted speed limit. The Board shall adopt a parking control program that includes the issuance of parking permits to all guests utilizing private streets within the Community, and each Owner shall register the Owner's and any other Unit occupants' (including without limitation tenants and family members) vehicle license numbers. The Board shall also formally adopt a parking, speed and traffic violation complaint procedure in the Rules and Regulations of the Association, which procedure shall set forth a method for the submittal of complaints regarding parking, traffic and speed violations to the Board. The City may, but is not required to and shall have no duty to, enforce such restrictions, rules and regulations, in addition to applicable laws and ordinances. The CC&R's shall be updated and submitted for approval by City Engineer, Planning Director and City Attorney. 35 The owner shall install approved backflow prevention assemblies on the Public Utilities, water service connections serving the property, behind property line and Water Engineering building setback in accordance with Public Utilities Department Water Engineering Division requirements. 36 Prior to connection of electrical service, the legal owner shall provide to the Public Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on Electrical the approved utility service plan. Engineering 37 Prior to occupancy, the legal owner shall install street lights as determined Public Utilities, and planned by Public Utilities. Electrical Engineering -13 - PC2017-085 -14- PC2017-085 RESPONSIBLEDEPARTMENT NO. CONDITIONS OF APPROVAL ON-GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 38 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. 39 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of-way, public Water Engineering utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. 40 Ongoing during project operations, the private parking areas including those Public Works, spaces on the private street shall be managed per the Residential Parking Traffic Engineering Management Plan submitted and approved. GENERAL 41 A minimum of two connections to public water mains and water looping Public Utilities, inside the project are required. Water Engineering One connection shall be made to the existing 12 -inch water main in E Santa Ana St and the other to the existing 12 -inch water main in E South St. No connections shall be allowed on the existing 8 -inch cast iron water main in E South St. 42 The following minimum horizontal clearances shall be maintained between Public Utilities, proposed water mains/laterals/meters/appurtenances 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, trees, and stormwater BMPs. Additionally, meter boxes, concrete pads for meters/backflow assemblies, and fire hydrants shall be at least 5 feet away from driveways, curb ramps, BCR/ECR, and other utilities. 43 No public water main or public water facilities shall be installed in private Public Utilities, alleys or paseo areas, except for the connecting paseo in the middle of the Water Engineering site. This paseo will include the public water main to loop the system from South Street to Santa Ana Street. -14- PC2017-085 - 15 - PC2017-085 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 44 No public water mains or laterals allowed under parking stalls or parking public Utilities, lots. Water Engineering 45 Individual water service connections and residential fire meters shall be public Utilities, required for all single family homes with NFPA 13D fire protection Water Engineering systems. These residential fire services shall be 2 -inch or smaller and shall be metered with a UL listed meter (Hersey Residential Fire Meter with Translator Register, no equals). 46 The existing 12 -inch water main in E South St along the project frontage public Utilities, shall be extended to the eastern property line. The Owner/Developer shall Water Engineering be responsible for all costs associated with extending the 12 -inch water main. 47 Public water main shall be located in the wider main loop road and the public Utilities, connecting paseo in the middle of the site only. All water meters for the Water Engineering single family homes and/or townhomes shall be installed along the main loop roads. 48 The wrap apartment building shall be served by a minimum of two domestic public Utilities, and two fire water service connections. Water Engineering 49 No structures or footings shall encroach into the 20 -foot wide public utility public Utilities, easement (10 feet on either side of pipe centerline) that is required for all Water Engineering public water service mains and service laterals. 50 The subject Property shall be developed substantially in accordance with Planning 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 Planning Services conditioned herein. Division 51 Conditions of approval related to each of the timing milestones above shall Planning 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 Division 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. 52 The applicant is responsible for paying all charges related to the processing Planning 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 Division the issuance of required permits or may result in the revocation of the approval of this application. 53 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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 - 15 - PC2017-085 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. - 16 - PC2017-085