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Resolution-PC 2018-015RESOLUTION NO. PC2018-015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05911 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00031) (1041 AND 1065 NORTH PACIFICENTER DRIVE AND 1081 NORTH TUSTIN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017- 05911 to develop a mixed-use project consisting of 406 apartments in two residential buildings with modifications to interior and landscape setbacks and 5,000 square feet of new commercial space, (herein referred to as the "Proposed Project") for premises located at 1041 and 1065 North Pacificenter Drive and 1081 North Tustin Avenue 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, the Property is approximately 14.68 acres in size and is currently developed with four commercial buildings and a parking lot serving the adjacent Anaheim Canyon Metrolink Station. The Property is located in the Transit Oriented Area (Development Area 3) of the Anaheim Canyon Specific Plan ("SP 2015-1, DA 3") and is subject to the zoning and development standards of Chapter 18.120 Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards. The Anaheim General Plan designates the Property for Mixed Use land uses; and WHEREAS, a key component of the ACSP is an Implementation Action Plan that provides action steps to achieve the ACSP's goal of reducing regulatory barriers, streamlining development review and approval processes, improving multimodal circulation and streetscapes and promoting the brand and image of Anaheim Canyon as an innovative eco - industrial district. The Implementation Action Plan provides the foundation of review by the City to ensure that projects assist long-term economic growth, promote sustainability, and ensure a successful future for Anaheim Canyon. WHEREAS, on the City Council certified Final Environmental Impact Report No. 348 ("EIR No. 348") and adopted the ACSP. EIR No. 348 addressed all the environmental effects associated with implementation of the ACSP; and WHEREAS, an Initial Study was prepared for the Proposed Project, which determined that the project is exempt from environmental review pursuant to Public Resources Code Section 21155.4, based on the recommended conditions of approval and the following findings: 1) The Proposed Project is a mixed-use development project proposed within a transit priority area. 2) The Proposed Prjoect would be undertaken to implement and is consistent with the ACSP, for which EIR No. 348 was prepared; and - I - PC2018-015 3) The Proposed Project is consistent with the general plan land use designation, density, building intensity, and applicable policies specified for the Project Site in the Southern California Association of Governments 2016-2040 Regional Transportation Plan/ Sustainable Communities Strategy (2016 RTP/SCS or Plan). WHEREAS, 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 finds and determines that the Proposed Project is statutorily exempt from the requirements to prepare additional environmental documentation pursuant to Section 21155.4 of CEQA; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2018 at 5:00 p.m., and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05911, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for Conditional Use Permit No. 2017-05911, does find and determine the following: 1. The Proposed Project is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section No. 18.120.040.040.0402 and 18.32.030.120 of the Code. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the project is surrounded by compatible buildings and uses; and, the project is consistent with the vision and implementation of the Anaheim General Plan and Anaheim Canyon Specific Plan. 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project would be located within an existing commercial development that is surrounded by other commercial uses. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by these uses will not exceed the anticipated and analyzed volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. 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 as the Proposed Project will continue to be integrated with the surrounding commercial area and adjacent Anaheim Canyon Metrolink Station and would not pose a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2018-015 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 the Planning Commission does hereby approve Conditional Use Permit No. No. 2017-05911, contingent upon and subject to 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 under Conditional Use Permit No. 2017-05911 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, (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. -3 - PC2018-015 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 5, 2018. 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 ie event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: zk-.V� /cv-_ 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 March 5, 2018 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of March, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-015 APN: 345-181-18 345-181-05 EXHIBIT "A" 345-181-08 345-181-09 DEV NO. 2017-00031 345-181-12 345-181-03 yob Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2018-015 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05911 (DEV2017-00031) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL MAP APPROVAL OR LOT LINE ADJUSTMENT 1 The Project is subject to a Water Supply Assessment to determine the Public Utilities, adequacy of existing water supplies to serve the Project. Water Engineering 2 For Projects located within 1,000 feet of an industrial facility that emits Planning and substantial odors, which includes but is not limited to: Building Department, • Wastewater treatment plants Building Division • Composting, greenwaste, or recycling facilities Planning and • Fiberglass manufacturing facilities Building • Painting/coating operations Department, Planning Services • Large -capacity coffee roasters Division • Food-processing facilities The property owner/developer shall submit an odor assessment to the Planning Director prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units. AQ -11 (MMRP No. 312) PRIOR TO ISSUANCE OF DEMOLITION A CTIVITIES OR PERMITS 3 Prior to issuance of grading, demolition or building plans, whichever occurs Planning and first, the property owner/developer shall provide a note on plans indicating Building that ongoing during grading and construction, contractors will use equipment Department, that meets the following United States Environmental Protection Agency Building Division (EPA) -Certified emissions standards: All off-road diesel -powered construction equipment greater than 50 horsepower shall meet the Tier 4 Final emission standards. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB regulations. AQ -1 (MMRP No. 312) - 6 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 4 Prior to issuance of grading, demolition or building plans, whichever occurs Planning and first, the property owner/developer shall provide a list of all construction Building equipment proposed to be used on the Project Site. This list may be provided Department, on the building plans. The construction equipment list shall state the makes, Building Division models, and numbers of the equipment; that the equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board's Rule 2449. AQ -2 (MMRP No. 312) 5 Prior to issuance of grading, demolition or building plans, whichever occurs Planning and first, the property owner/developer shall submit a dust control plan that Building implements the following measures during ground -disturbing activities, in Department, addition to the existing requirements for fugitive dust control under South Building Division Coast Air Quality Management District Rule 403, to further reduce PM10 and PM2.5 emissions: a) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. b) During all construction activities, the construction contractor shall sweep streets with Rule 1186—compliant, PM10-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. C) During all construction activities, the construction contractor shall maintain a minimum 24 -inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. d) During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day. e) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The Building Division shall verify compliance during normal construction site inspections. AQ -3 (MMRP No. 312) 6 Prior to issuance of demolition, grading or building permits, whichever Planning and occurs first, construction activity is set to occur during nesting season Building (typically between February 1 and July 1), the property owner/developer Department, shall be required to conduct nesting bird surveys in accordance with the Planning Services California Department of Fish and Wildlife requirements, and submit said Division surveys to the City of Anaheim Planning Department. Such surveys shall identify avoidance measures to protect active nests. BI0-2 (MMRP No. 312) 7 Prior to investigations, demolition, or renovation, all activities shall be Planning and coordinated with Dig Alert (811). Building Department, Planning Services Division - 7 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 8 The project's Final Drainage Report, Final Grading Plans, and Soils Report Public Works shall be submitted for review and approval to City of Anaheim Public Works Department, Development Services Division. Development Services Division 9 The property owner shall submit project improvement plans that incorporate Public Works the required drainage improvements and the mechanisms proposed in the Department, approved Final Drainage Report. No offsite run-off shall be blocked during and Development after grading operations or perimeter wall construction. The Final Drainage Services Division Report shall demonstrate that the post -development storm event run-off shall be less than or equal to the existing pre -development storm event run-off the post -development flows leaving the site are less than or equal to the pre - development flows and that the proposed building structures and basement(s), if any, shall be flood protected. Finish floor elevations shall be 1 -ft. minimum above the 100 -year event water surface elevation. Run-off shall not be diverted and any proposed improvements shall prevent downstream properties from becoming flooded. The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. Also, the plans shall show that all concentrated flow shall be contained within an approved drainage device and preserve the existing flows and manner drainage is conveyed downstream. Any inlets in sump condition shall be designed to capture Q25 and a secondary emergency outlet for the sump condition is required to provide a minimum of 1 -ft. freeboard between the maximum water surface elevation and minimum finish floor elevation. The emergency outlet must direct overflows to either an adequate downstream street or natural conveyance system. 10 Since the flow pattern is changed for the northwest drainage area of the Public Works project from flowing south in the existing condition to flowing north in the Department, proposed condition to a storm drain system in La Palma that is deficient, the Development developer shall comply with the following requirements: Services Division • The storm discharge shall be at a flow rate equal or less than in the existing condition; • The final drainage study shall state that they are fully aware of the deficiency of the existing storm drain in La Palma Avenue and by connecting to the back of the catch basin the storm drain runoff can overflow and flood the site. 11 The final hydrology study shall include complete hydrology calculations for Public Works the entire project site and shall show compliance with City of Anaheim 10- Department, yr, 25 -year and 100 -year maximum flooded width and depth for the local Development streets and arterial highways for this project. Services Division 12 The final Water Quality Management Plan (WQMP) shall be submitted for Public Works review and approval to Public Works Development Services and comply Department, with the most current requirements of the Orange County Drainage Area Development Management Plan (DAMP) and TGD and with the conditions of approval of Services Division the approved Preliminary WQMP, which include the following: - 8 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Since the treatment and infiltration for several properties is occurring on a separated property, a legally binding mechanism shall be establish on Title to require the parcels benefiting from the infiltration system to become responsible for its maintenance and repair. Additionally, the parcel upon which the infiltration system resides will be restricted from removing, or modifying or disrupting the design or operation of the infiltration system without review and approval, by the City, of an Amended WQMP and associated Grading Plans. 13 The applicant shall demonstrate that coverage has been obtained under Public Works California's General Permit for Stormwater Discharges Associated with Department, Construction Activity by providing a copy of the Notice of Intent (NOI) Development submitted to the State Water Resources Control Board and a copy of the Services Division subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. 14 Prior to issuance of the grading permit and/or right-of-way construction Public Works permit for any storm drain improvements, a Save Harmless agreement in -lieu Department, of an Encroachment Agreement is required to be executed, approved by the Development City and recorded by the applicant on the property for any new private storm Services Division drains connecting to the City storm drain facilities. 15 A Cross -Lot Drainage Agreement is required to be executed and approved Public Works by the City and recorded by the applicant on the properties for cross -lot Department, drainage. Development Services Division 16 A signed and notarized Right -of -Entry or legal equivalent authorization shall Public Works be provided for all work that will be performed in the neighboring properties Department, currently under different ownership. Development Services Division 17 The existing maintenance covenant that currently covers maintenance Public Works responsibilities of private facilities within the project site, or CC&Rs for the Department, project site, shall be amended and approved by the City Attorney's Office. If Development there is no such maintenance covenant, then a maintenance covenant should be Services Division submitted for review and approval by the City Attorney's Office. The covenant shall include provisions for maintenance of new/modified private facilities and private utilities, including compliance with the project's approved Water Quality Management Plan and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation, private utilities, private streets/drives, WQMP BMPs, etc. The covenant shall be recorded in the Office of the Orange County Recorder. 18 Prior to issuance of the first building permit, applicant shall submit to Public Public Works Works for the review and approval of the City Engineer, a revised site plan Department, identifying the location, consistent with applicable provisions of the Traffic Engineering Anaheim Canyon Commuter Rail Station and Easement Agreements, of the Division - 9 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT seventy exclusive and designated ( 70 ) Metrolink parking spaces adjacent to the Anaheim Canyon Station as required, which will be constructed and maintained in substantial conformance to such plan and provided at no cost to the City or the public, and the non-exclusive right for ingress and egress to and from the seventy (70) spaces. The revised site plan identifying the seventy (70) spaces for the general public's use and ingress and egress rights shall be reflected and memorialized in an Amendment to the Anaheim Canyon Rail Station Easement Agreement prepared by the applicant and submitted to the Public Works Development Services Division for review and approval by the City Engineer and City Attorney; The applicant shall also provide, at no cost to the City or public, thirty (30) additional non-exclusive parking spaces for a period of two (2) years from the date the City's approval of CUP 2017-05911 becomes final and non - appealable for use by Metrolink users through a City -administered permit process. At the conclusion of the two (2) year period, the applicant will administer a permit process to provide the thirty (30) non-exclusive additional parking spaces for a second two (2) year period and the fee for permits may be established by applicant in applicant's sole discretion. At the expiration of the second two (2) year period, the applicant may extend its administration of the permit process and continue to provide additional parking spaces at the applicant's sole and absolute discretion. If at any time during the first or second two (2) year period, the City secures alternative off- site parking to accommodate the 30 spaces, the City and the applicant agree to meet and confer as to the need to continue administration of a permit process. 19 The developer/owner 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. 20 Prior to issuance of demolition, grading, or building permits, whichever Public Works occurs first, the property owner/developer shall submit plans to the City Department, Engineer for review. The City Engineer shall review the location of each Engineering project to determine if it is an area served by potentially deficient sewer Division facilities, as identified in the latest updated sewer study for the ACSP. If the project will increase sewer flows beyond those programmed in the City Attorney's appropriate master plan sewer study for the area or if the project currently Office discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall perform additional sewer analysis using flow, wet -weather data, and other information specific for the project to determine the surcharge levels for final design. The property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office, which could include additional related fees, construction, or a combination thereof. USS -1 (MMRP No. 312) - 10 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 21 Prior to issuance of a building permit, the property owner/developer shall Planning and provide a note on plans indicating that: Building Department, a) All coatings and solvents will have a volatile organic compound Building Division (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high- volume, low pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand -roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use precoated/natural colored building materials, where feasible. The Building Division shall verify compliance during normal construction site inspections. AQ -4 (MMRP No. 312) 22 Prior to issuance of building permits, for residential development, the Planning and property owner/developer shall provide a note on building plans that Building indicates that all shared community barbeques will be electric powered Department, barbeque units. These units shall be verified on site by the Building Division Building Division prior to issuance of a Certificate of Occupancy. AQ -5 (MMRP No. 312) 23 Prior to issuance of a building permit, the property owner/developer shall Planning and show on plans that all applicant -provided appliances be Energy Star Building appliances (dishwashers, refrigerators, clothes washers, and dryers). Department, Installation of Energy Star appliances shall be verified by the Building Building Division Division prior to issuance of a Certificate of Occupancy. AQ -6 (MMRP No. 312) 24 Prior to issuance of building permits for new construction of residential Planning and development, the property owner/developer shall indicate on plans that Building garage and/or car port parking are electrically wired to accommodate a Level Department, 2 (240 volt) electric vehicle charging. The location of the electrical outlets Building Division shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. AQ -7 (MMRP No. 312) 25 Prior to issuance of building permits for new residential developments, the Planning and property owner/developer shall submit a health risk assessment (HRA) to the Building Planning Department. The Applicant has prepared a Health Risk Assessment Department, (HRA) & Odor Analysis (Appendix C, Health Risk Assessment & Odor Building Division Analysis OC Link Project, Vista Environmental, January 5, 2018). Planning and The HRA shall be prepared in accordance with policies and procedures of the Building - 11 - PC2018-015 NO. -12- CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT State of California's Office of Environmental Health Hazard Assessment Department, (OEHHA) and the South Coast Air Quality Management District Planning Services (SCAQMD). Division If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 µg/m3, or City Attorney's the appropriate noncancer hazard index exceeds 1.0, the following is required Office prior to issuance of building permits: The HRA showed that the calculated cancer risks at all sides of the two proposed residential apartment buildings would range between 2.2 and 7.5 per 100,000 people. This would exceed the cancer risk threshold of 1.0 per 100,000 persons, and therefore, the HRA concluded that the following measures apply: a) 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 threshold. The HRA identified that the HVAC system would require a MERV 16 filter for all units located on the west side of Buildings `A' and `B', and a MERV 13 filter for all other residential units, as shown on Figure 10, MERV 13 and 16 Filter Locations. With the inclusion of upgraded air filtration systems for the residential buildings, as shown in Figure 10, residents would not be exposed to emissions that exceed SCAQMD's health risk significance thresholds for cancer or chronic or acute non -cancer hazards. b) Installation of high efficiency MERV filters in the intake of residential ventilation systems consistent with the recommendations of the HRA, shall be shown on plans. Heating, air conditioning, and ventilation (HVAC) systems shall be installed with a fan unit designed to force air through the MERV filter. The MERV filter requirements as shown on Figure 10 will be shown on building plans. c) To ensure long-term maintenance and replacement of the MERV filters in the individual units, the property owner/developer shall record a covenant on the property that requires ongoing implementation of the actions below. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 1. The property owner/developer shall provide notification to all future tenants or owners of the potential health risk for affected units and the increased risk of exposure to diesel particulates when windows are open. 2. For rental units, the property owner/developer shall maintain and replace MERV filters in accordance with the manufacture's recommendations. For ownership units, the Homeowner's Association shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer's recommendations. AQ- Q- -12- PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 (MMRP No. 312) 26 Prior to issuance of building permits, if new vibration -sensitive land uses are Planning and located within 200 feet of any railroad line, the property owner/developer Building shall retain an acoustical engineer to conduct an acoustic analysis that Department, includes a vibration analysis for potential impacts from vibration generated Building Division by operation of the rail line. Mixed use buildings shall be designed to eliminate vibration amplifications due to resonances of floors, walls, and ceilings. The detailed analysis shall be submitted to the Planning Department prior to issuance of building permits and shall show that the vibration levels would be below 72 VdB, which is Federal Transit Administration's nighttime criteria to regulate vibration impacts to affected residential uses. N-3 (MMRP No. 312) 27 Prior to issuance of a building permit, the property owner/developers shall Planning and submit a final acoustical report prepared to the satisfaction of the Planning Building Director. The report shall show that the development would be sound- Department, attenuated against present and projected noise levels, including roadway, Building Division aircraft, helicopter, stationary sources (e.g., industrial, commercial, etc.), and railroad, to meet City interior standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from train horns such that interior single -event noise levels are below 81 dBA Lmax. The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. N-5 (MMRP No. 312) 28 To address the criteria in MM N-5 a) to reduce the average interior noise Planning and levels to a level below the 45dBA CNEL interior noise standard, the property Building owner/developer will upgrade windows and exterior doors with a minimum Department, Sound Transmission Class (STC) rating of 29 for all units shown in Figure Building Division 11, Residential Units with STC 29 and 30 Ratings, and include a note on the plans showing this PDF and Figure 11. With the inclusion of upgraded windows and exterior doors with an STC rating of 29, as shown in Figure 11, future residents would not be exposed to interior noise levels above 45dBA. PDF N0I-1 (Project Design Feature) - 13 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 To address the criteria in MM N-5 b) to reduce the single event interior train Planning and horn noise level to below 81 dBA Lmax, the property owner/developer will Building upgrade windows and exterior doors with a minimum Sound Transmission Department, Class (STC) rating of 30 STC for all floors located on the west side of the Building Division residential apartment buildings on both Lot `1' and Lot `2', as shown in Figure 11 and include a note on the plans showing this PDF and Figure 11. With the inclusion of upgraded windows and exterior doors with an STC rating of 30, as shown in Figure 11, future residents would not be exposed to significant single event interior train horn noise levels. PDF NOI-2 (Project Design Feature) 30 prior to issuance of the first building permit for each building, the property Public Works, owner/developer shall pay all applicable transportation impact fees to the Traffic and City of Anaheim in amounts determined by the City Council Resolution in Transportation effect at the time of issuance of the building permit with credit given for City- Division authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. T-4 (MMRP No. 312) 31 prior to issuance of building permits for any Project forecast to generate 100 Public Works, or more peak hour trips, as determined by the City Traffic and Transportation Traffic and Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, Transportation the property owner/developer shall submit to the City Traffic and Division Transportation Manager traffic improvement phasing analyses to identify when the improvements identified in the Anaheim Canyon Specific Plan EIR Traffic Impact Study, Iteris, September 2014 (Appendix G of the EIR No. 348) shall be designed and constructed. a) The traffic improvement phasing analyses will specify the timing, funding, construction and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions, as defined by the City's General Plan, based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager. At minimum, fair -share calculations shall include intersection improvements, rights-of- way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. T-5 (MMRP No. 312) 32 The property owner shall irrevocably offer to dedicate in a signed deed to the Public Works City of Anaheim an easement with the required width to accommodate all the Department, required improvements to address safety concerns and per the Anaheim Canyon Development Specific Plan and Traffic Study on La Palma Avenue and Tustin Avenue as Services Division specified below, a corner cut-off dedication in compliance with City STD 110- - 14 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT B from the ultimate right-of-way (ROW) at the southwest corner of La Palma Ave. and Pacificenter Drive, and a corner cut-off dedication in compliance with City STD 110-B from the ultimate ROW at the northwest corner of Tustin Ave. and Pacificenter Drive for road, public utilities, and other public purposes. An additional 17 -ft. to 10 -ft. ROW easement dedication from the existing ROW line for road, public utilities, and other public purposes is required along La Palma Avenue along the frontage of the parcels that will be redeveloped, which are Parcel 1 of Parcel Map 99-129 and Parcel 1 of Parcel Map 87-446. The 17 -ft. ROW easement dedication will start adjacent to the railroad right-of-way and transition to a 10 -ft. ROW easement dedication within the right turn pocket. An additional 1 -ft. ROW easement dedication from the existing ROW line for road, public utilities, and other public purposes is required along Tustin Avenue along the frontage of the parcels that will be redeveloped. 33 Prior to approval of sanitary sewer connections for each development Project, Public Works the property owner/developer shall be required to install the sanitary sewer Department, facilities, as required by the City Engineer, to prevent the sewer surcharge in Development the public system from back -flowing into below -grade structures of the Services Division proposed development based upon the latest updated sewer study for the ACSP. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe, and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when the invert elevation of sewer laterals are above the pipe crown. USS -2 (MMRP No. 312) 34 Prior to the approval of any street improvement plans within the ACSP that Public Works encompass area(s) where Orange County Sanitation District (OCSD) would Department, be upsizing trunk lines and/or are making other improvements, the property Development owner/developer shall coordinate with OCSD to ensure that backflow Services Division prevention devices are installed at the lateral connections to prevent surcharge flow from entering private properties. Proof of such coordination, such as a letter from OCSD affirming review of proposed plans, shall be provided by the property owner/developer to the City prior to approval of the street improvement plans. USS -3 (MMRP No. 312) 35 The owner shall apply for and obtain vacation of the existing easements on Public Works site that are in conflict with the proposed permanent structures. Department, Development Services Division 36 All conflicting utilities and/or abandonments must be relocated and/or Public Works abandoned in accordance with the utilities' owners' requirements at the Department, developers' expense and all necessary permits must be secured prior to any Development utility relocations. Services Division 37 The developer shall submit street improvement plans, obtain a right of way Public Works construction permit, and post a security (Performance and Labor & Materials Department, Bonds) in an amount approved by the City Engineer and in a form approved by Development the City Attorney for the construction of all required off-site and public Services Division - 15 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT improvements within the City street right of way of La Palma Avenue and Tustin Avenue. Improvements shall conform to the Anaheim Canyon Specific Plan requirements, approved Traffic Study, and as approved by the City Engineer and as depicted on the approved preliminary engineering site plans. The street improvement plans shall show both sides of all streets and alleys adjacent to the property for reference and include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, median islands, and all other offsite work. Any curb ramps that do not currently comply with City Standard 111-3 shall be upgraded to comply with City Standard 111-3. 38 The legal property owner shall submit a Lot Line Adjustment to Public Works, Public Works Development Services for review and approval to modify the existing (4) lots Department, configuration. The Lot Line Adjustment and Conformance Deed shall be Development recorded prior to issuance of a building permit. Services Division 39 Applicant must implement the Anaheim Canyon Commuter Rail Station Public Works agreement and prior to issuance of the first residential building permit, Department, excluding demolition, submit for review and approval by the City Attorney, Traffic Engineering a covenant that states that the two bus bays (as shown on the approved site Division plan) shall be available in perpetuity, or until such time the Public Works Department of the City of Anaheim and Applicant or Property Owner mutually agree to terminate or amend such covenant, to the City of Anaheim, Orange County Transportation Authority, Anaheim Transportation Network, and any other transportation entities servicing the Anaheim Canyon Station. These bus bays shall be available at no charge to all transportation entities. The approved covenant shall be recorded prior to issuance of the first building permit, excluding demolition. 40 The property owner shall irrevocably offer to dedicate in a signed deed to the Public Works City of Anaheim an easement 12- feet minimum in width along the existing Department, westerly property line of Parcel 1 and Parcel A of Parcel Map No. 99-129, as Traffic Engineering per map filed in Book 316, Pages 7 through 11 of Parcel Maps in the Office of Division the County Recorder, County of Orange, California for bicycle and pedestrian purposes for a bicycle path. 41 Plans shall specifically indicate that all vehicular ramps and grades conform Public Works to all applicable Engineering Standards. Department, Traffic Engineering Division 42 Prior to issuance of the building permit for the parking structure, plans shall Public Works demonstrate that at -grade ducts and overhead pipes shall not encroach in the Department, parking space areas or required vehicle clearance areas. Traffic Engineering Division 43 It is the responsibility of the property owner/developer to remove and Public Works relocate any existing traffic signal poles and equipment affected by project Department, construction at the intersections of Tustin/Pacificenter and La Traffic Engineering Palma/Pacificenter if necessary at the project's expense. Division -16- PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 44 A private water system with separate water service for fire protection and Public Utilities, domestic water shall be provided and shown on plans submitted to the Water Water Engineering Engineering Division of the Anaheim Public Utilities Department. 45 Water submetering shall be furnished and installed by the Owner/Developer Public Utilities, and a water submeter shall be installed to each individual unit. Provisions for Water Engineering 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. 46 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. 47 All requests for new water services, backflow equipment, or fire lines, as well Public Utilities, 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. 48 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. 49 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 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. - 17 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 50 The developer/owner shall submit a water system master plan, including a Public Utilities, 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. 51 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. 52 Individual water service and/or fire line connections will be required for Public Utilities, each parcel per Rule 18 of the City of Anaheim's Water Rates, Rules and Water Engineering Regulations. ONGOING DURING CONSTRUCTION 53 Seventy (70) designated parking stalls shall be available for Metrolink users Public Works at all times. Department, Traffic Engineering Division 54 Ongoing during grading' demolition and construction the property Planning and owner/developer shall be responsible for requiring contractors to implement Building the following measures to limit construction -related noise: Department, Building Division • Construction activity is limited to the daytime hours between 7 AM to 7 PM, as prescribed in the City's Municipal Code. • All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. • Stationary equipment such as generators, air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling is located as far as feasible from nearby noise -sensitive receptors Construction traffic shall be limited to the haul routes established by the City of Anaheim. N-1 (MMRP No. 312) PRIOR TO FIRST FINAL BUILDING AND ZONING INSPECTION 55 All required on-site Water Quality Management Plan, onsite improvements, Public Works and public right of way improvements shall be completed, operational, and Department, are subject to review and approval by the Construction Services Inspector. Development Services Division 56 The developer shall improve La Palma Avenue and Tustin Avenue in Public Works compliance with the Anaheim Canyon Specific Plan, approved Traffic Study, Department, and as required and approved by the City Engineer and as depicted on the Development approved engineering site plans. The south side of the street on La Palma Services Division Avenue between the railroad right-of-way and right -turn pocket shall be - 18 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT widened by up to a maximum of 7 -ft. to match the future widening of the railroad crossing and transition into the right -turn pocket. In the event that the rail road crossing has not been widened, the developer shall join existing improvements at the westerly property line and transition the 7 -ft widening continuing into the right turn pocket to the satisfaction of the City Engineer. On the south side of La Palma Avenue along the frontage of the parcels being redeveloped, a 5 -ft. planter with landscaping and irrigation, curb adjacent, connected to the onsite irrigation system and maintained by the property owner and a 12 -ft. multi -use path (concrete sidewalk) behind the 5 -ft. planter shall be built. A sidewalk transition shall be built on La Palma Avenue adjacent to the railroad right-of-way connecting the existing sidewalk that terminates at the railroad ROW to the sidewalk to be built at the ultimate ROW on La Palma Avenue within the frontage of the project. On the west side of Tustin Avenue along the frontage of the parcels being redeveloped, a 5 -ft. planter with landscaping and irrigation, curb adjacent, connected to the onsite irrigation system and maintained by the property owner and a 5 -ft. sidewalk behind the 5 -ft. planter shall be built. Any curb ramps that do not currently comply with City Standard 111-3 shall be upgraded to comply with City Standard 111-3. 57 The applicant shall construct, maintain, and make available for use two (2) Public Works bus bays per the approved engineering site plan. Department, Traffic Engineering Division 58 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works parking in the drive aisles. Red curb locations shall be clearly labeled on Department, building plans. Traffic Engineering Division 59 Fire lanes shall be posted with "No Parking Any Time." Said information Public Works shall be specifically shown on plans submitted for building permits. Department, Traffic Engineering Division 60 The bicycle path shall be built and improved by the property owner in Public Works compliance with the Anaheim Canyon Specific Plan and Anaheim Municipal Department, Code along the existing westerly property line of Parcel 1 of Parcel Map No. Traffic Engineering 99-129, as per map filed in Book 316, Pages 7 through 11 of Parcel Maps in the Division Office of the County Recorder, County of Orange, California. 61 There is an existing 8 -inch public water main loop running through Site `B' that Public Utilities, services the adjacent hotel building to the south of the site. This water main Water Engineering shall be removed/abandoned, and the existing hotel services shall be relocated to the southern terminus of the public 12 -inch water main that shall remain in place. A hydraulic analysis shall be prepared to show that the existing and future water demands can be served without the current loop. The owner/developer will be responsible for any additional water main improvements necessary to meet Anaheim's design standards. - 19 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 62 Two 12 -inch gate valves shall be installed at the tee located near the northeast Public Utilities, corner of Site `B' across from the leasing office. Additionally, a new public Water Engineering hydrant be installed just north of the 12 -inch tee and proposed gate valves in the northeast portion of Site `B'. 63 Site `B' shall be master -metered with a minimum of two connections to the Public Utilities, public water main for both domestic and fire services. These two sets of Water Engineering connections shall be located on either side of the new 12 -inch gate valves to be cut -in on the existing 12 -inch public water main. 64 Per City Standards, the existing 8 -inch and 10 -inch water lateral stub -outs Public Utilities, located along the eastern edge of Site `A' will not be allowed for re -use with Water Engineering smaller sized meters, backflow devices and/or for combined services. ONGOING DURING PROJECT CONSTRUCTION 65 Ongoing during grading and construction, the Property Owner/Developer Planning and shall halt or divert excavations within a 50 -foot radius of an inadvertent find Building of fossils or fossil bearing deposits discovered during construction activities Department, at a depth of less than five feet below surface and retain a qualified Planning Services paleontologist to examine the discovery. The paleontologist shall document Division the discovery in accordance with Society of Vertebrate Paleontology [1995] standards, evaluate the potential resource, and assess the significance of the find under the criteria set forth in CEQA Guidelines Section 15064.5. Further excavation within the 50 -foot radius of the find shall not recommence until the paleontologist has completed this assessment and notified the appropriate agencies to determine procedures that shall be followed. If the Property Owner/Developer determines that avoidance is not feasible, the paleontologist shall prepare an excavation plan which shall mitigate the effect of construction activities on the discovery. The plan shall be submitted to the City of Anaheim for review and approval prior to implementation. (MM PALEO-2) 66 An all-weather access road as approved by the Fire Department shall be Fire Department provided during construction. 67 Emergency vehicular access shall be provided and maintained in accordance Fire Department with Fire Department Specifications and Requirements. ONGOING DURING PROJECT OPERATION 68 A minimum of two connections to public water mains and private water Public Utilities, looping inside the project are required. Water Engineering 69 The following minimum horizontal clearances shall be maintained between Public Utilities, proposed water mains, meters, laterals 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 -20- PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • 10 -feet minimum separation from structures, footings, trees, and stormwater BMPs. 70 No public water main or public water facilities shall be installed in private Public Utilities, alleys or paseo areas. Water Engineering 71 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities, Water Engineering 72 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Public Utilities, Hersey Residential Fire Meter with Translator Register, no equals. Water Engineering 73 The Owner shall be responsible for restoring any special surface Public Works, improvements, other than asphalt paving, within any right-of-way, public Development utility easement or City easement area including but not limited to colored Services Division 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&R's for the project and the City easement deeds. 74 Compliance with AMC 6016, the Anaheim Public Safety Radio System Police Department Coverage Ordinance is required. To request a copy of the ordinance, contact Officer Berger at (714) 765-3859 or mberger@anaheim.net. A copy of the ordinance can also be viewed/downloaded online through the City of Anaheim web site under "City Records": http://www.anaheim.net/. 75 File Emergency Listing Card, Form APD -281, with the Police Department, Police Department available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim,net/article.asp?id=678. This card should include on and off site property management contact information for regular business hours as well as emergency after hours contacts. 76 Numbers should face the street to which the structure is addressed. Numbers Police Department are not to be visible from ground level. A complex map shall be provided in electronic form to the Anaheim Police Department. This map can be emailed to mberger@anaheim.net. 77 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots/structures and located in other appropriate places (i.e., Resident gathering points and access points, bicycle parking, etc.) Signs must be at least 12" wide x 24" high in overall size, with white background and black 2" lettering. All entrances to parking areas should be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner's/manager's request. GENERAL 78 The property owner developer shall be responsible for compliance with and Planning and any direct costs associated with the monitoring and reporting of all mitigation Building measures set forth in the attached Mitigation Monitoring and Reporting Plan Department, -21 - PC2018-015 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT (MMP) No. 351, established by the City of Anaheim as required by Section Planning Services 21081.6 of the Public Resources Code to ensure implementation of those Division identified mitigation measures within the timeframes identified in the measure. MMP No. 351 is made a part of these conditions of approval by reference. 79 The applicant is responsible for paying all charges related to the processing of Planning and this discretionary case application within 30 days of the issuance of the final Building invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of Department, required permits or may result in the revocation of the approval of this Planning Services application. Division 80 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and officials, officers, employees and agents (collectively referred to individually Building and collectively as "Indemnitees") from any and all claims, actions or Department; proceedings brought against Indemnitees to attack, review, set aside, void, or City Attorney's annul the decision of the Indemnitees concerning this permit or any of the Office 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. 81 Prior to the issuance of the first building permit for any either residential Planning and building, a reciprocal parking and access easement shall be recorded between Building the residential properties and the office building property reserving the use Department, of 41 parking spaces on the office building property for the purposes of Planning Services residential guest parking spaces as identified in the shared parking analysis Division prepared for this project. -22- PC2018-015