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RES-2019-020 RESOLUTION NO. 2 019-0 2 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2018- 05980 (DEV2017-00124) (APN 035-205-01) WHEREAS,the City of Anaheim did receive a verified petition for Conditional Use Permit No. 2018-05980 to permit the construction of a 39-unit attached, single-family residential project with modified development standards,i.e.,a reduction in the interior and building-to-building,and front setback requirements of the"RM-3.5"Multiple-Family Residential Zone,for that certain real property generally located at the easterly terminus of North Street and Wilhelmina Street, approximately 150 feet east of the centerline of Pauline Street and commonly referred to as APN 035-205-01 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. 2017-05980 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 Density Residential" to "Mid Density Residential" land uses, which amendment to the General Plan is designated as "General Plan Amendment No.2018-00524",(ii)Reclassification No.2018-00317 to reclassify the property from the"I"Industrial Zone to the"RM-3.5"Multiple-family Residential Zone and(iii)a tentative tract map to permit a 39-unit attached,single-family residential subdivision of the Property,which is designated as "Tentative Tract Map No. 18182". General Plan Amendment No. 2018-00524, Reclassification No. 2018-00317, Conditional Use Permit No. 2018-05980, and Tentative Tract Map No. 18182 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 City Council 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. 2018-05980 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 1.57 acres in size and is currently improved with an RV storage lot. The Property is located in the "I" Industrial Zone. The Property is designated in the Land Use Element of the General Plan for "Low Density Residential" uses; and - 1 - WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"),the State of California Guidelines for Implementation of the California Environmental Quality Act(herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, 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 January 10, 2019, 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 February 4, 2019, 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,upon receipt of Planning Commission Resolution Nos.PC2019-007,PC2019- 008, PC2019-009, PC2019-010 and PC2019-011, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 5th day of March, 2019, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), this City Council, 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. 2018-05980: 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. The proposed -2 - buildings are single-family attached at a density and scale that is compatible with the surrounding single family and multiple family land uses in the vicinity; 3. Vehicular and pedestrian access are adequate because the substandard alley width will be widened in accordance with City standards and a new sidewalk and parkways will be installed adjacent to the alley; 4. The Project is consistent with any adopted design guidelines applicable to the Property because the project has been designed to include quality architecture, sound attenuation, common recreational areas, and sufficient building setbacks from the single family homes to the west; 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 because the Project has been designed to include Code compliant parking and recreational areas, sufficient building setbacks from the single family homes to the west, and new pedestrian paths throughout the neighborhood; 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 because the Project will include substantial improvements to the existing substandard public alley, and new entry points to the public streets at the north and south ends of the Project site; 7. The Project will comply with the General Plan and zoning for the Property because the Project will provide for the development of a quality multiple-family living environment with design amenities, such as private open space or common recreation areas. The permitted density range under the Mid Density Residential designation is from zero to 27 dwelling units per gross acre. The proposed project will have a density of 24.8 dwelling units per acre; 8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence,nor are there other facts,that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. BE IT FURTHER RESOLVED that,based upon the aforesaid findings and determinations, the City Council of the City of Anaheim approves and adopts Conditional Use Permit No. 2018- 05980, contingent upon and subject to: (1) the adoption by the City Council of(i) a resolution approving and adopting General Plan Amendment No. 2018-00524, (ii) an ordinance approving and adopting Reclassification No. 2018-00317 and (iii) a resolution approving Tentative Tract Map No. 18182, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP 361,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 - 3 - of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190(Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition,or any part thereof,be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance,regulation or requirement. THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 5th day of March , 2019,by the following roll call vote: AYES: Mayor Sidhu and Council Members Kring,Brandman, Faessel and O'Neil NOES: Council Members Barnes and Moreno ABSENT: None ABSTAIN: None CIT .F ANAHEIM AlaOF T ' ITY OFANAHEIM ATTEST: RK OF TH' CITY OF ANAHEIM - 4 - EXHIBIT "A" DEQ' NO. 2017-00124 - APN: 035-205-01 , • 01 • ORZN ST dal 01 • EN Oa 4' SS 1111 TN la NGR 01 a n 00 S • w ,• . 001 .• m . 00z, •2 e„,,. � ' oz • u • w , -2„ • oia wow 2O ♦ 11110 -,„ii' • • y gill • W. 11111 10 01 1111".. WWI' 110 10 00 , P 5I ESM g9' E W IEN a 1- 0 Z ,10 W 0 Z p,SS W tiEHEEM PEBERj 5T 1S 01 r 0 O0 so ioo Source. Recorded Tract Maps and/or City GIS. FO Please note the accuracy is+/-two to five feet. A_ I ■I l - 5 - EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05980 (DEV2017-00124) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, pad Public Works, elevations, finished grades, drainage routes, retaining walls, erosion Development Services control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. All onsite utilities shall be privately owned and maintained by the _ Owner,the grading plans shall be labeled accordingly. 2 Prepare and submit a final drainage/hydrology study,including supporting Public Works, hydraulic and hydrological data to the City of Anaheim for review and Development Services approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. The Owner shall obtain the required coverage under California's General 3 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. The owner shall prepare a Stormwater Pollution Prevention Plan 4 Public Works, (SWPPP).The SWPPP shall be kept at the project site and be available for Development Services Public Works Development Services Division review upon request. 5 Submit a Water Quality Management Plan(WQMP)to the City for review Public Works, and approval. Development Services Submit a Geotechnical Report to the Public Works Development Services 6 Division for review and approval. The report shall include any proposed Public Works, infiltration features of the WQMP. Development Services All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer in State of California. Development Services The Owner/Developer shall submit a set of improvement plans for Public 8 Public Utilities, Utilities Water Engineering review and approval in determining the Water Engineering conditions necessary for providing water service to the project. 9 The Property Owner/Developer shall include a note on the plans that in Planning and Building the event of the inadvertent discovery of cultural resources (including Department, - 6 - NO. CONDITIONS OF APPROVAL DEPAARTMRTMEEPENNTT D historical, archaeological, and tribal cultural resources) during ground- Planning Services disturbing activities, work within 100 feet would be halted until the Division discovery can be evaluated by a qualified archaeologist, the Native American tribal representative(s) from consulting tribes (or other appropriate ethnic/cultural group representative), and the Community Development Director or their designee,to analyze the significance of the find. Construction activities may continue in other areas. If the archaeologist and/or Native American tribal representative(s) determine that the find is significant, additional work, such as data recovery excavation or resource recovery, may be warranted and would be discussed in consultation with the appropriate regulatory agency and/or tribal group. MM-CUL-1 10 The Property Owner/Developer shall submit to the City of Anaheim Planning and Building Public Works Department evidence that a qualified paleontologist has Department, been retained for monitoring of ground-disturbing activities occurring at a depth of four feet or greater below ground surface. If paleontological Planning Services resources are unearthed during ground-disturbing activities associated Division with the Proposed Project, the Contractor shall cease all earth-disturbing activities within 50 feet of the discovery and construction activities may continue in other areas. The paleontologist shall collect and process sediment samples to determine the small fossil potential on the Project Site. The paleontologist shall evaluate the resource and determine if the discovery is significant. If the discovery proves to be significant, additional work such as data recovery excavation or resource recovery may be warranted and shall be discussed in consultation with the appropriate regulatory agency. Any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. MM-PAL-1 The Property Owner/Developer shall submit to the City a Native 11 American tribal monitoring agreement with the Gabrieleno Band of Planning and Building Mission Indians — Kizh Nation for tribal cultural resource monitoring to Department, take place during subsurface ground-disturbing construction activities. If Planning Services tribal cultural resources are encountered during ground disturbing Division activities,work in the immediate area must halt. Depending on the nature of the find, if the discovery proves to be potentially significant under CEQA, as determined by the tribal representative, additional measures such as data recovery excavation, avoidance of the area of the find, documentation, testing, data recovery, reburial, archival review and/or transfer to the appropriate museum or educational institution, or other appropriate actions may be warranted. The tribal representative shall complete a brief letter report of excavations and findings and submit the report to the City. After the find is appropriately mitigated, work in the area may resume. At the discretion of the tribal representative,monitoring activities may be allowed to cease if enough evidence is produced that soils underlying the Project Site are not native, undisturbed soils. In this event, the tribal - 7 - NO. CONDITIONS OF APPROVAL DEPT DEPAARTMRTMENENT representative shall document all pertinent evidence that justifies the ceasing of monitoring activities and provide it within a brief letter report for the City's review. Should the City concur with these findings, monitoring shall be permitted to cease within all areas on the Project Site shown to contain only disturbed, non-native fill soils. MM-TCR-1 12 Prior to the issuance of a grading permit, the Property Owner/Developer Planning and Building or its successor shall submit to the City of Anaheim Planning and Building Department, Department a Right of Entry Agreement, if required by SCRRA. The Property Owner/Developer or its successor shall submit demolition plans Planning Services to the SCRRA Engineering Department Attn: Andy Althorp, Principal Division Engineer, 2558 Supply Street, Pomona, CA 91767 for review and if required, a Right of Entry agreement. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 13 The applicant shall coordinate with SCRRA and PUC to ensure project Public Works, construction and project operation will not interfere with the existing Traffic Engineeri• ng SCRRA railroad line immediately adjacent to the project site. Any relocation or modification of facilities related to the railroad line and/or the active railroad crossing shall be performed prior to final building and zoning inspection at the expense of the property owner. The applicant shall submit draft Covenants Conditions and Restrictions 14 Public Works, (CC&Rs) that are prepared by an authorized professional for review and Traffic Engineering approval by the City Engineer, 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. 15 Plans shall be submitted showing stop control along the alley for North Public Works, Street and at Wilhelmina Street. A stop sign shall be installed and stop Traffic Engineeri• ng legend shall be painted on the alleyway in the north/south direction at both North Street and at Wilhelmina Street prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. Record Tract Map No. 18182 pursuant to the Subdivision Map Act and in 16 accordance with City Code. Provide a duplicate photo Mylar of the Public Works, recorded map to the City Engineer's office. Development Services - 8 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 17 Provide a certificate, from a Registered Civil Engineer, certifying that the Public Works, finished grading has been completed in accordance with the City approved Development Services grading plan. 18 A Right of Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the public right- Development Services of-way. 19 The developer shall construct a 20 foot wide public alley between North Public Works, Street and Wilhelmina Street per City Standard 131 or as approved by the Development Services City Engineer. 20 The developer shall construct interim driveways at the ultimate right of Public Works, way per City Standard 115-B or as approved by the City Engineer. Development Services 21 No private improvements and/or decorative improvements shall be Public Works, constructed within the public right-of-way. Development Services 22 The developer shall construct all improvements along the project's Public Works, frontage on the Public Alley, North Street, and Wilhelmina Street. The Development Services improvements shall include but not limited to reconstruction of the public alley, interim driveways at both ends of the alley, curb and gutter, pavement, driveway, ADA ramps, parkway drains, power pole relocations, water meters removals, sewer improvements, etc. The developer's engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements. 23 The developer shall abandon and remove the existing 6 inch sewer line Public Works, under the public alley and shall construct an 8 inch sewer line per City Development Services Standards and the City Sewer Design Manual. All Landscape plans shall comply with the City of Anaheim adopted 24 Public Works, Landscape Water Efficiency Guidelines. This ordinance is in compliance Development Services with the State of California Model Water Efficient Landscape Ordinance (AB 1881). A private water system with separate water service for fire protection, 25 Public Utilities, irrigation, and domestic water shall be provided and shown on plans Water Engineeri• ng submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 26 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 Water Engineeri• ng and installed by the Owner/Developer and a water submeter shall be 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 theproject. All backflow equipment shall be located above ground outside of the street 27 Public Utilities, setback area in a manner fully screened from all public streets and alleys. Water Engineeri• ng 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 - 9 - NO. CONDITIONS OF APPROVAL DE DEPPARTMARTMEENNTT information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. The Owner shall irrevocably offer to dedicate to the City of Anaheim (i)28 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. 29 The Owner/Developer shall submit a water system master plan, including Public Utilities, a hydraulic distribution network analysis, for Public Utilities Water Water Engineering Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. The Owner/Developer shall submit to the Public Utilities Department 30 Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate Water Engineering and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands.Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 31 If it is determined during final design that additional water connection(s) Public Utilities, on Wilhelmina Street will be required to meet domestic or fire flow Water Engineering demands,the existing water main on Wilhelmina Street shall be extended to the end of the cul-de-sac and shown on plans submitted to the Water Engineering Division.The water main extension shall be ductile iron with a minimum diameter of 8 inches. 32 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electrical Engineering electrical service requirements and submit electric system plans,electrical panel drawings, site plans,elevation plans, and related technical drawings and specifications. The Property Owner/Developer shall include on the building plans the Planning and Building 33 construction of a minimum 12-foot high sound wall, as measured from the Department, Project Site side of the wall, to enclose the recreational open space at the Planning Services north end of the Project Site, as shown on Figure 7, Conceptual Wall and Division Fence Plan. The wall would begin at the northeast corner of the three-plex - 10 - NO. CONDITIONS OF APPROVAL EP DEPAARTRTMMEN T DENT building and continue north along the east property line, then west along the northerly property line for 57 linear feet. The sound wall shall be constructed with concrete masonry units(cmu)that are free of any cutouts or openings. MM-NOI-1 34 The Property Owner/Developer shall include on the building plans the Planning and Building requirement that acoustic performance dual pane windows with a Department, minimum Sound Transmission Class (STC)rating of 37 STC be installed Planning Services on all bedroom windows located on the north, east, and south sides of the Division residential units. MM-NOI-2 35 The Property Owner/Developer or its successor shall submit wall plans for Planning and Building the east property line to the SCRRA Engineering Department for review Department, to ensure that the wall doesn't encroach into the railroad right-of-way.The Planning Services plans shall show that the concrete block walls proposed on the east Division property line shall be constructed entirely on the Project Site and not encroach into the railroad right-of-way. 36 The Property Owner/Developer or its successor shall submit the final Planning and Building landscape plans to the City of Anaheim Planning and Building Department Department, that show trees planted on or adjacent to the east property line shall not Planning Services have branches that extend beyond the east property line. The Division Homeowners Association will be responsible for the ongoing maintenance of the trees to prevent branches from extending beyond the east property line. 37 The Property Owner/Developer or its successor shall submit final storm Planning and Building drain plans to the City of Anaheim Public Works Department showing that Department, no drainage shall be conveyed onto the railroad right-of-way. Planning Services Division PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS Project Design Feature 1: 3 The Property Owner/Developer shall construct 6-foot high solid walls on Planning and Building the northern and southern property lines and between the proposed Department, structures and the northern and southern walls on the eastern property line. Planning Services The walls shall be constructed with concrete masonry units(CMU)and be Division free of cutouts or openings. Project Design Feature 2: The Property Owner/Developer shall provide a "windows closed" condition for each proposed residential unit. A "windows closed" condition requires a means of mechanical ventilation per Chapter 12, Section 1205 of the Uniform Building Code. This shall be achieved with a standard forced air conditioning and heating system with a filtered outside air intake vent for each residential unit. 39 Prior to issuance of permit for occupancy, the Property Owner/Developer Planning and Building or its successor shall install MERV 13 filters in the HVAC system. Department, - 11 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT Planning Services Division 40 Prior to the issuance of a permit for occupancy, the Property planning and Building Owner/Developer or its successor shall submit to the City of Anaheim its Department, Homeowners Association Covenants, Conditions, and Restrictions that shall provide the following information to all potential home buyers Planning Services regarding the Project Site's proximity to sources of toxic air contaminant Division emissions (i.e., nearby railroad and industrial uses): • Disclosure that there are potential health impacts to prospective residents from living near sources of air pollution (e.g., railroad and industrial facilities). The disclosure shall describe the enhanced HVAC filtration unit, the reduced effectiveness of the air filtration system when the windows are open,and that potential health impacts could occur when residents are outdoors in the common usable open space areas; • Disclosure that there would be a potential increase in energy costs from continuously running the HVAC systems with MERV 13 filters; • Information for residents on where the MERV 13 filters can be purchased and that their periodic replacement according to manufacturer instructions is the responsibility of the homeowner; • Detailed instructions on the maintenance schedule the MERV 13 filters according to manufacturer instructions; and • Advise that the Homeowners Association representative/Property Maintenance representative may inspect the HVAC units and proper installation of the MERV 13 filters with appropriate advanced notice. 41 Curbs adjacent to the drive aisles, including the adjacent alleyway, shall Public Works, be painted red to prohibit parallel parking in the drive aisles and along the adjacent alleyway. Red curb locations shall be clearly labeled on building Traffic Engineering plans. 42 Prior to final building and zoning inspection, fire lanes shall be posted Public Works with "No Parking Any Time." Said information shall be specifically ' shown on plans submitted for building permits. Traffic Engineering 43 Prior to Final Building and Zoning Inspections, the property Public Works, owner/developer shall execute and record with the Orange County Recorder an unsubordinated declaration of Covenants Conditions and Traffic Engineering 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 - 12 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. All public improvements shall be constructed by the developer, inspected 44 and approved by Construction Services prior to the final building and Public Works, Development Services zoning inspection. 45 All remaining fees/deposits required by Public Works department must be Public Works, paid in full. Traffic Engineering 46 Set all Monuments in accordance with the final map and submit all Public Utilities, centerline ties to Public Works Department. Any monuments damaged as Electrical Engineering a result of construction shall be reset to the satisfaction of the City Engineer. 47 All required WQMP improvements shall be operational and verified by Public Utilities, the Construction Services Division Inspector. Electrical Engineering 48 Prior to connection of electrical service, the legal owner shall provide to Public Utilities, the City of Anaheim a Public Utilities easement with dimensions as shown Electrical Engineering on the approved utility service plan. 49 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 50 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, CONSTRUCTION AND OPERATIONS 51 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. 52 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, public Water Engineering utility easement or City easement area including but not limited to colored concrete,bricks,pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. GENERAL - 13 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT The following minimum clearances shall be provided around all new and 53 Public Utilities, existing public water facilities (e.g. water mains, fire hydrants, service Water Engineering laterals,meters,meter boxes,backflow devices, etc.): • 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. • The following additional minimum clearances shall be maintained between existing and proposed public water main and other facilities: 10-feet minimum horizontal separation(outside wall-to-outside wall) from sanitary sewer mains and laterals. 6-feet minimum separation from curb face. • 12-inch minimum vertical separation from other utilities. 54 No public water main or public water facilities shall be installed in private Public Utilities, alleys or paseo areas. Water Engineering 5.5 No public water mains or laterals allowed under parking stalls or parking Public Utilities, lots. Water Engineering 56 Conditions of approval related to each of the timing milestones above shall planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for Planning Services building plan check. This requirement applies to grading permits, final Division maps, street improvement plans, water and electrical plans, landscape irrigation plans,security plans,parks and trail plans, and fire and life safety plans, etc. 5 The applicant is responsible for paying all charges related to the planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 58 The Applicant shall defend,indemnify, and hold harmless the City and its planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning this Division 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 - 14- RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. All new landscaping shall be installed in conformance with Chapter 18.46 59 "Landscape and Screening"of the Anaheim Municipal Code and shall be planning and Building maintained in perpetuity. Landscaping shall be replaced in a timely Department, manner in the event that it is removed, damaged, diseased and/or dead. Planning Services Division 60 The Homeowners Association shall enforce the Covenants, Conditions, planning and Building and Restrictions (CC&Rs) for each unit, which would include Department, requirements to maintain the MERV 13 filters according to manufacturer instructions. Planning Services Division - 15 - CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2019-020 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 5th day of March, 2019 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Kring, Brandman, Faessel and O'Neil NOES: Council Members Barnes and Moreno ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of March, 2019. CITY CLERK 0 THE CITY OF ANAHEIM (SEAL)