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Resolution-PC 2018-051RESOLUTION NO. PC2018-051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVE AND ADOPT PROPOSED CONDITIONAL USE PERMIT NO. 2017-05951 (DEV2017-00094) (3534-3538 WEST SAVANNA STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05951 to permit the construction of a 19 -unit attached, single-family residential project with modified development standards, i.e., a reduction in the interior and building -to -building setback requirements of the "RM -3.5" Multiple -Family Residential Zone, for that certain real property located at 3534-3538 West Savanna 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. 2017-05951 is proposed in conjunction with (i) a request to amend "Figure LU -4: Land Use Plan" of the Land Use Element of the Anaheim General Plan to re -designate the Property designated as "Low -Medium Density Residential" to "Mid Density Residential" land uses, which amendment to the General Plan is designated as "General Plan Amendment No. 2017-00518", (ii) for approval of Reclassification No. 2018-00314 to reclassify the property from the "RM -4" Multiple -family Residential Zone to the "RM -3.5" Multiple -family Residential Zone and (iii) for approval of a tentative tract map to permit a 19 -unit attached, single-family residential subdivision of the Property, which is designated as "Tentative Tract Map No. 18152". General Plan Amendment No. 2017-00518, Reclassification No. 2018- 00314, Conditional Use Permit No. 2017-05951, and Tentative Tract Map No. 18152 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, single family, attached dwelling development within the "RM -3.5" Single - Family Residential Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development). Pursuant to subsection .030 of Section 18.06.160 (Residential 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. 2017-05951 will permit the reduction in interior and building -to -building setback requirements of the "RM -3.5" Multiple -Family Residential Zone; and WHEREAS, the Property is approximately 0.78 acres in size and is currently improved with two single family residences. The Property is located in the "RM -4" Multiple -Family Residential Zone, which is a zone under the Zoning Code. The Property is designated on the Land Use Element of the General Plan for "Low -Medium Density Residential" uses; and - I - PC2018-051 WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seg.; 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, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on September 20, 2018 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard, Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 15, 2018 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to 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. 2017-05951: 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; - 2 - PC2018-051 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. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council of the City of Anaheim approve and adopt Conditional Use Permit No. 2017-05951, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution approving and adopting General Plan Amendment No. 2017-00518, (ii) Reclassification No. 2018-00314 and (iii) a resolution approving Tentative Tract Map No. 18152, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP 356, 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. -3 - PC2018-051 BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 15, 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 in the event of an appeal. i CHAIRPE SOH, PLANNING OF THE CTY 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 October 15, 2018, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of October, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-051 EXHIBIT " tt DE's' XO. 2017-00094 '4, SAVANNA ST Source: RG=rded Tsect 1,19ps endicr City GIS. Flease note the accuracy is +,i. t�yr, ty five feet. -5- PC2018-051 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05951 (DEV2017-00094) - 6 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion Public Works, Development Services control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 2 Prepare and submit a final drainage study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. public Works, The study shall confirm or recommend changes to the City's adopted Development Services 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 Owner shall obtain the required coverage under California's General Permit for Stormwater Discharges associated with Construction Activity Public Works, by providing a copy of the Notice of Intent (NOI) submitted to the State Development Services Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 4 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works, (SWPPP). The SWPPP shall be kept at the project site and be available for Public Works Development Services Division review upon request. Development Services 5 Submit Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Public Works, Section 7 and Exhibit 7.II of the Orange County Drainage Area Development 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 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. 6 Submit a Preliminary Geotechnical Report to the Public Works Public Works, Development Services Division for review and approval. The report shall Development Services address grading and any proposed infiltration features of the WQMP. - 6 - PC2018-051 - 7 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 That the Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the Public Utilities, conditions necessary for providing water service to the project. Water Engineering 8 Prior to issuance of any demolition or building permits, if clearing and/or construction activities would occur during the raptor or migratory bird Planning and Building nesting season (February 15 to August 15), the Applicant and/or its Department, contractor shall retain a qualified biologist to conduct preconstruction Planning Services surveys for nesting birds up to 14 days before construction activities. The Division qualified biologist shall survey the construction zone and a 500 -foot buffer surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. Surveys shall be repeated if project activities are suspended or delayed for more than 15 days during nesting season. If active nest(s) are identified during the preconstruction survey, a qualified biologist shall establish a 100 -foot no -activity setback for migratory bird nests and a 250 -foot setback for raptor nests. No ground disturbance should occur within the no -activity setback until the nest is deemed inactive by the qualified biologist. Details of compliance shall be provided in conjunction with or on plans submitted for permits. MM -1 9 Prior to issuance of any demolition or building permits, the project Applicant will be required to obtain the services of a qualified Native planning and Building American Monitor and archeologist during construction -related ground Department, disturbance activities. Ground disturbance is defined as activities that Planning Services include, but are not limited to, pavement removal, pot -holing or auguring, Division boring, grading, excavation, and trenching, within the project area. The monitor(s) must be approved by the tribal representatives and will be present on-site during the construction phases that involve any ground disturbing activities. The Native American Monitor will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the project site grading and excavation activities are completed. The archeologist will monitor grading activities and must complete monitoring logs on a daily basis. The logs completed by both the archaeologist and the tribal monitor must be submitted to the Planning Division on a weekly basis in order to determine compliance with the mitigation measure. In the unlikely event that remains are uncovered by construction crews, all excavation and grading activities shall be halted and the Anaheim Police Department would be contacted (the Department would then contact the County Coroner). This is a standard condition under California Health and Safety Code Section 7050.5(b). MM -2 PRIOR TO THE ISSUANCE OF BUILDING PERMITS 10 Prior to the issuance of a building permit, the applicant shall submit draft Covenants Conditions and Restrictions (CC&Rs) that are prepared by an Public Works, authorized professional for review and approval by the City Engineer, Traffic Division - 7 - PC2018-051 - 8 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT Planning Director, 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 City Engineer, Planning 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 relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. 11 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 Department of Public Works and the Orange County Surveyor for Development Services technical 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. 12 That a private water system with separate water service for fire protection, irrigation, and domestic water shall be provided and shown on plans public Utilities, submitted to the Water Engineering Division of the Anaheim Public Water Engineering Utilities Department. 13 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- Public Utilities, 537.5) as amended by Senate Bill 7, water submetering shall be furnished and installed by the Owner/Developer and a water submeter shall be Water Engineering installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 14 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and public Utilities, alleys. Any backflow assemblies currently installed in a vault will have to Water Engineering 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. 15 That all requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing public Utilities, water services, backflow equipment, and fire lines, shall be coordinated Water Engineering and permitted through Water Engineering Division of the Anaheim Public Utilities Department. - 8 - PC2018-051 - 9 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 16 That all existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire public Utilities, line that does not meet current standards shall be upgraded if continued Water Engineering use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 17 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) public Utilities, an 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. 18 That the Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate public Utilities, and maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 19 That a private water system with separate water service for fire protection, irrigation, and domestic water shall be provided and shown on plans public Utilities, submitted to the Water Engineering Division of the Anaheim Public Water Engineering Utilities Department. 20 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- public Utilities, 537.5) as amended by Senate Bill 7, water submetering shall be furnished and installed by the Owner/Developer and a water submeter shall be Water Engineering installed to each individual unit. Provisions for the ongoing maintenance and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 21 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and public Utilities, alleys. Any backflow assemblies currently installed in a vault will have to Water Engineering 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 - 9 - PC2018-051 _10- PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 22 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical Electrical Engineering panel drawings, site plans, elevation plans, and related technical drawings and specifications. 23 In order to ensure privacy for the adjacent multiple -family residences to the east, obscured (translucent) windows shall be installed and maintained Planning and Building in perpetuity on the third floor of the east elevations of Buildings B, C, D Department, and E at all times. In addition, in order to ensure privacy between Planning Division Buildings C and D, obscured (translucent) windows shall be installed and maintained in perpetuity for all floors on the north elevation of Building C, and the south elevation of Units 15 and 16 in Building D. 24 During final plan check prior to the issuance of any building or grading Planning and Building permit the project must comply with all the design and construction- Department, related actions in the site specific Geotechnical Report prepared by Strata- Building Division Tech. These design requirements will be confirmed by the City Engineer & during the final plan check prior to the issuance of any building permit. In Public Works addition, the Applicant must remove and re -compact the underlying soils Department, and provide additional slab and foundation support in order to address Development Services potential liquefaction risks. The removal and re -compaction of the underyling soil will be confirmed by the building inspector, the City Engineer, and a representative of Strata -Tech prior to the framing phase of the project's construction. The recommendations and requirements of the Strata -Tech study must be implemented to the satisfaction of the City Engineer. MM -3 PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 25 Address numbers shall be positioned so as to be readily readable from the street. Numbers shall be visible during hours of darkness. Police Department 26 All public improvements shall be constructed by the developer, inspected and accepted by Construction Services prior to final building and zoning Public Works, inspection. Development Services 27 All remaining fees/deposits required by Public Works department must be paid in full. Public Works, Development Services 28 Set all Monuments in accordance with the final map and submit all Public Works, centerline ties to Public Works Department. Any monuments damaged as Development Services a result of construction shall be reset to the satisfaction of the City Engineer. 29 Prior to final building and zoning inspections, all required WQMP items Public Works, shall be inspected and operational. Development Services _10- PC2018-051 - 11 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 30 Prior to Final Building and Zoning Inspections, the property public Works, owner/developer shall execute and record with the Orange County Traffic Engineering Recorder an unsubordinated declaration of Covenants Conditions 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. Should gates be desired in the future, an amendment to the CC&R's approved by the City Engineer, Planning Director and the City Attorney's office and recorded. 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. 31 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown public Utilities, on the approved utility service plan. Electrical Engineering 32 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering 33 Owner/Developer shall install an approved backflow prevention assembly Public Utilities on the water service connection(s) serving the property, behind property Water Engineering line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. ON-GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 34 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. 35 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 C, C & R's for the project and the City easement deeds. 36 During the demolition phase, the Applicant, and the contractors, must Planning and Building adhere to all requirements governing the handling, removal, and disposal Department, of asbestos -containing materials, lead paint, underground septic tanks, and Building Division other hazardous substances and materials that may be encountered during demolition and land clearance activities. The City's Inspector will ensure compliance by inspecting the site during the demolition phase. Any - 11 - PC2018-051 - 12 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT contamination encountered during the demolition, grading, and/or site preparation activities must also be removed and disposed of in accordance with applicable laws prior to the issuance of any building permit. MM -4 37 10 days prior to the start of the demolition phase, the City Inspector shall Planning and Building ensure that the contractors use construction equipment that includes Department, working mufflers and other sound suppression mechanisms as a means to Building Division reduce machinery noise. The Inspector must inspect the equipment prior to the start of the demolition phase. MM -5 GENERAL 38 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. fire hydrants, service laterals, Public Utilities, meters, meter boxes, backflow devices, etc.): Water Engineering • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 39 No public water main or public water facilities shall be installed in private alleys or paseo areas. Public Utilities, Water Engineering 40 No public water mains or laterals allowed under driveways, parking stalls, or parking lots. Public Utilities, Water Engineering 41 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering 42 Water service for the development shall be master -metered. No public water main shall be allowed on site. Submetering shall be furnished and Public Utilities, installed by the Owner/Developer and a water submeter shall be installed Water Engineering to each individual unit as required by California Water Code per Condition of Approval No. 444 above. 43 All new services shall be connected to the existing 8 -inch ductile iron water main in Savanna Street. Public Utilities, Water Engineering 44 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant Planning Department, and which plans are on file with the Planning Department, and as Planning Services conditioned herein. Division - 12 - PC2018-051 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 45 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, planning 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 Tans, etc. 46 The applicant is responsible for paying all charges related to the planning Department, processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 47 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to planning 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 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. 48 All new landscaping shall be installed in conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code and shall be planning Department, maintained in perpetuity. Landscaping shall be replaced in a timely planning Services manner in the event that it is removed, damaged, diseased and/or dead. Division - 13 - PC2018-051