Resolution-PC 2019-043RESOLUTION NO. PC2019-043
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2018-05975 AND VARIANCE NO. 2019-05127 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2018-00081)
(100-394 WEST CERRITOS AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2018-05975 to
permit the construction of a 292 -unit attached, single-family residential project with modified
development standards, i.e., a reduction in the street and interior setbacks, a 4 -story structure, and
a Density Bonus incentive to reduce building -to -building setback requirements of the "RM -3.5"
Multiple -Family Residential Zone, and (ii) Variance No. 2019-05127 to permit garage dimensions
less than required by the Municipal Code, for that certain real property generally located at the
southwest corner of Cerritos Avenue and Anaheim Boulevard directly east of Interstate 5 (I-5)
Freeway and commonly referred to as 100-394 West Cerritos 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, Conditional Use Permit No. 2018-05975 and Variance No. 2019-
05127 are proposed in conjunction with (i) General Plan Amendment No. 2018-00522 to
redesignate the property from General Commercial to Mid Density Residential; (ii)
Reclassification No. 2018-00315 to reclassify the property from the "C -G" General Commercial
Zone to the "RM -3.5" Multiple -Family Residential Zone, (iii) and a tentative tract map to permit
a 1 -lot, 292 unit attached single-family residential subdivision of the Property for condominium
purposes, which is designated as "Tentative Tract Map No. 18170". General Plan Amendment
No. 2018-00522, Reclassification No. 2018-00315, Conditional Use Permit No. 2018-05975,
Tentative Tract Map No. 18182, and Variance No. 2019-05127 shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, single family, attached dwelling development within the "RM -3.5"
Multiple -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. 2018-05975 will permit the reduction in street and interior setbacks, and a Density Bonus
incentive for a building -to -building setback requirement reduction of the "RM -3.5" Multiple -
Family Residential Zone; and
WHEREAS, the Property is approximately 11.87 acres in size and is currently
developed with a business park that consists of eight multi -story buildings with a mix of
businesses, including office and commercial uses and is located in the "C -G" General Commercial
Zone. The Anaheim General Plan designates the Property for General Commercial Residential
land uses; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 30, 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 the Planning
Commission continued the item to the October 28, 2019 meeting; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, 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 August 22, 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, 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. 2018-05975:
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
buildings are single-family attached at a density and scale that is compatible with the
surrounding mobile home and commercial land uses in the vicinity;
- 2 - PC2019-043
3. Vehicular and pedestrian access are adequate because improvements to
Anaheim Boulevard and the project's ingress/egress will be constructed in accordance with
City standards and a new sidewalk and parkways will be installed adjacent to the street;
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 and landscape
screening from the mobile home community to the north;
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 mobile home community to the north, 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 improvements to the Anaheim Boulevard right-of-way, and
ingress/egress at the northeast corner 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 24.6 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 Planning Commission does further find and determine that the request for
Variance No. 2019-05127 may be approved for the following reasons:
SECTION NO. 18.42.030.010.0104 Residential Parking Requirements.
(20 feet minimum garage dimension required;
18 feet, 10 inches proposed)
1. There are special circumstances applicable to the Property including size, shape,
location and surroundings, which do not apply to other properties under the identical zoning
classification in the vicinity of the Proposed Project. The adjustment for a 5% reduction of the
required minimum garage dimension is consistent with the purposes and intent of the Municipal
Code because the 14 -inch reduction is negligible and will not occur in all garages.
2. The same or similar result cannot be achieved by using provisions in the Municipal
Code that do not require the adjustment. The Municipal Code requires a 20 -foot minimum
dimension and without the application of the 5% adjustment to the garage dimension, the
residential buildings would be pushed closer to the I-5 freeway creating a lesser quality site plan,
and would require additional setback reductions. The adjustment will allow for a negligible
reduction from the standard garage size that will function comparably to a standard size garage,
- 3 - PC2019-043
and will not produce a result that is out of character or detrimental to the neighborhood as the
townhomes are designed to be a compatible use with the surrounding area.
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. 2018-05975 and Variance No.
2019-05127, contingent upon and subject to: (1) the adoption by the City Council of (i) a resolution
approving and adopting General Plan Amendment No. 2018-00522, (ii) Reclassification No. 2018-
00315 and (iii) Tentative Tract Map No. 18170, all of which entitlements are now pending; (2) the
mitigation measures set forth in MMP 363, and the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the Property in order to preserve the health, safety and general
welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions
of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for
compliance with conditions of approval may be amended by the Planning Director upon a showing
of good cause provided (i) equivalent timing is established that satisfies the original intent and
purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant
has demonstrated significant progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 28, 2019. 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.
CHAIR SON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on October 28, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MULLEADY,
VADODARIA
NOES: COMMISSIONERS: MEEKS, WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of October, 2019.
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00081
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-6- PC2019-043
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2018-05975
AND VARIANCE NO. 2019-05127
(DEV2018-00081)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF A 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.
2
Prepare and submit a final drainage/hydrology study, including supporting
hydraulic and hydrological data to the City of Anaheim for review and
public Works,
approval. The study shall confirm or recommend changes to the City's
Development Services
adopted Master Drainage Plan by identifying off-site and on-site storm
water runoff impacts resulting from build -out of permitted General Plan
land uses. In addition, the study shall identify the project's contribution and
shall provide locations and sizes of catchments and system connection
points and all downstream drainage -mitigating measures including but not
limited to offsite storm drains and interim detention facilities.
3
Prepare and submit a Geotechnical Report to the Public Works
public Works,
Development Services Division for review and approval. The Geotechnical
Report shall address any proposed infiltration features on the WQMP.
Development Services
4
The property owner shall execute a Save Harmless Agreement with the
City of Anaheim for any storm drain connections to a City storm drain
public Works,
system. The Agreement shall be recorded by the property owner on the
Development Services
property rior to issuance of the grading permit.
5
All required plans and studies shall be prepared by a Registered
public Works,
Professional Engineer in State of California.
Development Services
6
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.
7
Prepare a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
public Works,
shall be kept on the project site and be available for Public Works
Development Services
Department for review upon request.
8
Prior to issuance of the right-of-way construction permit, an Encroachment
Public Works,
Agreement is required to be executed, approved by the City and recorded
Development Services
- 7 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
by the property owner on the property for the force sewer lateral connecting
to a City sewer main line.
9
The owner shall prepare a Water Quality Management Plan (WQMP) for
Public Works,
City review and approval. The WQMP shall be consistent with the
Development Services
requirements of Section 7 and Exhibit 7.II of the Orange County Drainage
Area Management Plan (DAMP) for New Development/ Significant
Redevelopment projects and City requirements.
10
The owner shall design and construct, at the owner's expense, the public
Public Works,
sewer extension on Anaheim Blvd. and a private lateral serving the
Development Services
property as directed and to the satisfaction of the City Engineer. The design,
size and limits of said public sewer line extension and private lateral shall
be determined during the final engineering hase.
11
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
12
Construction during Breeding Season and Pre -construction Breeding
planning and Building
Bird Surveys
Prior to the issuance of a grading and/or building permit for activities
Department,
during the avian nesting season (February 1 through August 1), the
Planning Services
Property Owner/Developer shall submit a survey for active nests to the City
Division
of Anaheim Planning and Building Department conducted by a qualified
biologist a maximum of 7 days prior to the activities to determine the
presence/absence, location, and status of any active nests on or adjacent to
the Project Site. If no active nests are discovered or identified, no further
mitigation is required. In the event that active nests are discovered on-site,
a suitable buffer determined by the biologist (e.g., 30 to 50 feet for
passerines) shall be established around any active nest. No ground -
disturbing activities shall occur within this buffer until the biologist has
confirmed that breeding/nesting is completed and the young have fledged
the nest. Limits of construction to avoid a nest shall be established in the
field by the biologist with flagging and stakes or construction fencing.
Construction personnel shall be instructed regarding the ecological
sensitivity of the fenced area. The results of the survey shall be documented
and filed with the City of Anaheim within 5 days after the survey. MM
BIO -1
13
Prior to the issuance of grading permits or building permits for shoring, the
Property Owner/Developer shall submit plans to the City Engineer for
review and approval to ensure compliance with the recommendations
contained in the 2018 Geotechnical Report by Alta California Geotechnical
Inc. (ACG 2018; Appendix D). A qualified Geotechnical Consultant will
be retained to observe the removal bottom prior to re -compaction of soils
on-site. In areas near the proposed sound walls during excavation activity,
temporary stability to these walls shall be evaluated by the Geotechnical
Consultant. Geotechnical recommendations for the proposed wall shall be
provided by the Geotechnical Consultant as the design progresses. It is
- 8 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
anticipated that the unsuitable soil removals and re -compactions,
deepening foundations, or a combination of the two would be required to
construct the proposed sound wall without impacts to the existing Caltrans
wall. MM GEO-1
14
Prior to the issuance of a grading permit, the Property Owner/Developer
shall submit a grading plan to the City Engineer for review and approval to
ensure compliance with the City's grading requirements. MM GEO-2
15
Prior to grading the Project Site, limited shallow soil sampling shall be
conducted pursuant to the Interim Guidance for Sampling Agricultural
Properties (Third Revision) prepared by the DTSC. The Property
Owner/Developer shall retain a qualified contractor to collect limited
shallow soil samples from the agricultural use areas and test these samples
for organochlorine pesticides and arsenic following established collection
and testing procedures. The Property Owner/Developer shall also collect
samples of soils within the upper 5 feet bgs throughout the Project Site and
test these soil samples for aerially deposited lead (ADL). If arsenic is
detected in on-site soils at concentrations exceeding 12 mg/kg or if
organochlorine pesticides are detected in on-site soils in concentrations that
exceed residential regional screening levels, those soils must be removed
from the Project Site and disposed of at a properly licensed facility in
accordance with all local, State, and federal regulations. If ADL is detected
in on-site soils in concentrations exceeding 80 mg/kg, then those soils must
be removed from the Project Site and properly disposed of off-site at a
licensed facility, following established procedures and in accordance with
all local, State, and federal regulations. If concentrations of arsenic,
organochlorine pesticides, and/or ADL do not exceed the above-mentioned
thresholds, no further action is required. MM HAZ-1
16
Prior to any ground disturbance activities (e.g., removal of the current
asphalt paving) and prior to any demolition of on-site structures, additional
site assessment activities shall be conducted to identify the lateral and
vertical limits of PCE in soil gas and to attempt to identify a probable
source. These additional assessment activities shall include, but not be
limited to, the following:
Drilling and Soil Sampling
• A qualified consultant shall oversee the advancement of at least six
soil borings to depths between 15 and 50 feet bgs at locations primarily
located in the western portion of the Project Site. Three borings should
extend to 15 feet bgs to assess the lateral limits of shallow potentially
impacted soil and soil gas. Three additional deeper borings should be
advanced to a depth of at least 50 feet bgs to assess the vertical limits of
PCE -impacted soil gas previously identified in the northwest portion of the
Project Site. The borings will be cleared utilizing a hand auger to a depth
of 5 feet below surrounding grade and then advanced using direct push
- 9 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
drilling equipment operated by a State of California licensed drilling
contractor.
• Soil samples will be collected from each boring at 0.5 feet, 2.5 feet,
5 feet, and at 5 -foot intervals thereafter to the total depth for lithologic
description and potential chemical analysis. Soil samples will be logged
and described under direct supervision of a California Professional
Geologist. At a minimum, soil descriptions will include the Unified Soil
Classification System name, color, density, moisture content, grain size,
and if staining or chemical odors were detected. Soil samples will be
retained in 6 -inch acetate sleeves, capped with Teflon® paper and plastic
end caps, or 8 -ounce laboratory -supplied glass jars. The containers will be
clearly marked with sample identification, placed in an ice -cooled chest for
temporary storage, and transported to a NELAP-certified laboratory for
chemical analysis. Chain -of -custody protocol will be followed throughout
all phases of the sample handling process.
Each soil sample will be field screened using a photoionization
�etector
(PID) to evaluate the soil sample for the presence of volatile
organic hydrocarbon vapors. PID readings will be obtained by placing an
aliquot of soil, collected adjacent from the portion retained for chemical
analysis, into a clean plastic bag, and placing it in the sun or a warm area
for 5 to 10 minutes. The reading will then be collected from the headspace
of the plastic bag by inserting the tip of the PID.
Down -hole sampling and drilling equipment will be
�econtaminated between boreholes by either steam cleaning or washing in
a solution of non -phosphate detergent and water, rinsing with potable
water, final rinsing with distilled water, and allowed to air-dry.
• If during the advancement of soil borings refusal is encountered, a
second attempt will be made within three feet laterally of the original
location. If refusal is encountered during the second attempt, the boring
will be terminated and the depth of refusal will be noted in the field log and
the report. Borings will be backfilled with hydrated bentonite and capped
to match the existing ground surface.
• Well Permits shall be secured from the City of Anaheim Utilities
Department for any borings greater than 20 feet, borings that reach
groundwater, and/or installation of permanent casings regardless of depth.
Soil Gas Survey
• A soil gas survey will be performed to evaluate site conditions for
the presence of volatile organic compounds (VOCs) in soil gas at the site.
The soil gas survey will be performed in general conformance with the
California Environmental Protection Agency—DTSC and California
Regional Water Quality Control Board—Los Angeles and San Francisco
Region's (LARWQCB and SFRWQCB) Advisory—Active Soil Gas
Investigations, July 2015.
Soil gas samples will be obtained from soil gas probes located at
�epths
of 5 and 15 feet bgs in the three shallow borings described above
_10- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
and at depths of 5, 15, 30, and 50 feet bgs in the three deeper borings
described above. Should clayey soil be encountered at the anticipated probe
depth, the probe depth will be adjusted accordingly. The soil gas probes
will consist of inert 0.25 -inch nylaflow tubing fitted with a porous airstone
at the terminus, which will be set within 1 foot of sand with 1 foot of dry
bentonite above extending to the surface. The surface end of the probe will
be fitted with a gas-tight luerlock to prevent infiltration of water or air. Soil
gas probes will be allowed to equilibrate for a minimum of 48 hours prior
to sampling.
• A shut-in test will be conducted along the sampling train setup at
each sampling depth and location, prior to purging each probe. If a leak is
detected, the sampling train will be reset and adjusted until no leaks are
detected. At each sampling location an electric vacuum pump (set to draw
0.200 liters/min of soil vapor at a maximum vacuum of 100 -inch of water)
will be attached to the probe and purged prior to sample collection. A
default three purge volumes will be removed from the soil gas probe prior
to sampling. Soil gas samples will be obtained by drawing the sample
through a luerlock connection, which connects the sampling probe to the
sample container.
• A tracer gas will be applied to the soil gas probes at each point of
connection in which ambient air could enter the sampling system. These
points include the top of the sampling probe where the tubing meets the
probe connection and the surface bentonite seals. If the tracer gas is
detected, the source of the leak will be identified, corrected, and the probe
will be resampled.
• A duplicate soil gas sample will be obtained for each day of soil gas
analysis.
Waste Disposal
• Following receipt of soil sample analytical results, investigation
derived waste (IDW) will be disposed off-site at an approved and licensed
treatment, disposal, or recycling facility. The qualified consultant shall
submit available laboratory data to the chosen disposal facility to prepare
the waste profile for the waste stream. A copy of the final completed
manifest will be supplied as an attachment in the final report.
Laboratory Analysis
Soil
Select soil samples collected from the six soil borings, based on
�epth
or results of field screening methods (PID, visual, or olfactory), will
be analyzed for VOCs by EPA Method 826013.
Soil Gas
• Soil gas samples will be immediately injected into the on-site
mobile laboratory gas chromatograph/purge and trap system after
- 11 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
collection. At least 19 soil gas samples, including the duplicate, will be
analyzed for the tracer gas and VOCs by modified EPA Method 826013.
Phase Il ESA Reporting
• A qualified consultant will compile the data collected during the
investigation into a formal site investigation report. Data will include field
notes, boring logs, laboratory data, tables, and figures and a summary of
the findings and conclusions for this investigation. Soil gas data collected
during this investigation will be compiled and used to conduct a limited
Human Health Risk Assessment (HHRA). The limited HHRA will be
completed using the DTSC's Vapor Intrusion Screening Model—Soil Gas
(December 2014) or other agency -accepted modeling program.
If the soil vapor testing determines that soil gas beneath any residential unit
exceeds DTSC guidance levels for residential development, then, at a
minimum, a passive vented subslab vapor barrier must be installed below
each impacted unit.
If the soil vapor testing determines that soil gas beneath residential units
does not exceed DTSC guidance levels for residential development, then
no further action is required.
MM HAZ-2
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
17
Curbs adjacent to the drive aisles shall be painted red to prohibit parallel
parking in the drive aisles. Red curb locations shall be clearly labeled on
Public Works,
building plans.
Traffic Engineering
18
Prior to the issuance of a building permit, plans shall be submitted showing
stop control for the intersections of the main interior streets. Subject
Public Works,
Traffic Engineering
property shall thereupon be developed and maintained in conformance with
said plans.
19
Prior to the issuance of the first building permit, street improvement plans
public Works,
shall be submitted for all traffic related improvements adjacent to the
Traffic Engineering
project site to the Public Works Department, Development Services
Division for review and approval. These plans will show both sides of all
streets and alleys adjacent to the property, including all driveways and
utility installations, signing and striping. All improvements shall be
installed and completed prior to the first final building and zoning
inspection.
20
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 technical
Development Services
review and that all applicable conditions of approval have been complied
with and then shall be filed in the Office of the Orange County Recorder
-12- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
concurrently with the Subdivision Agreement and the Maintenance
Covenant.
21
Upon completion of the pad grading, the pad compaction report and
Public Works,
engineer's line and grade shall be submitted to Public Works Department
for review and approval.
Development Services
22
A Right of Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public right-
of -way.
Development Services
23
The developer shall pay all applicable development impact fees required
under the Anaheim Municipal Code.
Public Works,
Development Services
24
The landscape plans shall comply with the City of Anaheim adopted
Public Works,
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Development Services
with the State of California Model Water Efficient Landscape Ordinance
(AV 1881).
25
A private water system with separate water service for fire protection,
domestic water, and irrigation shall be provided and shown on plans
Public Utilities,
submitted to the Water Engineering Division of the Anaheim Public
Water Engineering
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
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.
27
All backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from all public streets and alleys.
Public Utilities,
Any backflow assemblies currently installed in a vault will have to be
Water Engineering
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.
28
All requests for new water services, backflow equipment, or fire lines, as
well as any modifications, relocations, or abandonments of existing water
Public Utilities,
services, backflow equipment, and fire lines, shall be coordinated and
Water Engineering
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
29
All existing water services and fire services shall conform to current Water
Services Standards Specifications. Any water service and/or fire line that
Public Utilities,
does not meet current standards shall be upgraded if continued use is
Water Engineering
necessary or abandoned if the existing service is no longer needed. The
- 13 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
Owner/Developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
30
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
easement for all large domestic above -ground water meters and fire
Public Utilities,
hydrants, including a five (5) -foot wide easement around the fire hydrant
Water Engineering
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.
31
The Owner/Developer shall submit to the Public Utilities Department
Water Engineering Division a water system master plan, including a
Public Utilities,
hydraulic distribution network analysis considering the maximum fire
Water Engineering
flow rate plus maximum day demands and peak hour water demands for
the project. This information will be used to determine the adequacy of
the existing water system and/or proposed on-site water system to provide
the estimated water demands and fire protection requirements. Any off-
site water system improvements required to serve the project shall be paid
for by the owner/developer done in accordance with Rule No. 15A.1 of
the Water Utility Rates, Rules, and Regulations.
32
Water improvement plans shall be submitted to the Water Engineering
Division for approval and a performance bond in the amount approved by
Public Utilities,
the City Engineer and form approved by City Attorney shall be posted with
Water Engineering
the City of Anaheim.
33
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
andspecifications.
34
To reduce potential traffic noise impacts that conflict with land use
Planning and Building
compatibility, the Proposed Project shall provide upgraded wall and
Department,
window assemblies for impacted fagades to meet the minimum STC ratings
Planning Services
indicated in the Fagade Noise Map Receiver Results Table of the Noise
Division
Impact Analysis Report prepared for this project (see Appendix H of the
IS/MND). This measure applies to buildings numbered 7, 9, 11 through 25,
&
27, and 31, in the Project Site Plan, as projected traffic noise levels would
-14- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
exceed 70 dBA CNEL at various portions of their fagades. This will
Public Works,
provide sufficient noise reduction, within an adequate margin of safety, to
Development Services
ensure the 45 dBA CNEL interior noise level standard is maintained. Prior
to issuance of building permits, the Project Applicant shall have a
professional acoustic consultant review the final design plans and provide
confirmation to the City Engineer that the final project design would
provide the required STC rating for impacted facades. MM LUP-1
35
A Native American Monitor/Consultant shall be retained and a copy of the
planning and Building
executed contract shall be submitted to the City of Anaheim Planning and
Building Department prior to the commencement of construction. The
Department,
Project Applicant shall be required to retain and compensate for the
Planning Services
services of a Tribal monitor/consultant who is both approved by the
Division
Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and
is listed under the NAHC's Tribal Contact list for the Project area. This list
is provided by the NAHC. The Tribal monitor/consultant will only be
present on-site during the construction phases that involve ground -
disturbing activities. Ground disturbing activities are defined by the
Gabrieleno Band of Mission Indians-Kizh Nation as activities that may
include, but are not limited to, pavement removal, potholing or auguring,
grubbing, tree removals, boring, grading, excavation, drilling, and
trenching, within the project area. The Tribal Monitor/consultant will
complete daily monitoring logs that will provide descriptions of the day's
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, or when the Tribal
Representatives and monitor/consultant have indicated that the Project Site
has a low potential for impacting Tribal Cultural Resources. MM TCR -1
36
Prior to issuance of a Building Permit, the applicant shall provide an
planning and Building
operational Health Risk Assessment, and shall implement any
Department,
recommendations from said Health Risk Assessment into the construction
drawings.
Planning Services
Division
PRIOR TO THE FINAL B UILDING AND ZONING INSPECTIONS
37
It is the responsibility of the OWNER to remove, relocate, and/or install
Public Works,
any traffic signal poles and equipment at the intersection of Anaheim
Boulevard and Cerritos Avenue if necessary at the OWNERS expense.
Traffic Engineering
38
Prior to final building and zoning inspection, fire lanes shall be posted with
"No Parking Any Time." Said information shall be specifically shown on
Public Works,
plans submitted for building permits.
Traffic Engineering
39
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
-15- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
40
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
41
Prior to occupancy, the legal owner shall install street lights as determined
Public Utilities,
and planned by Public Utilities.
Electrical Engineering
42
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.
43
The developer shall construct all improvements along the project's frontage
Public Works,
on Anaheim Blvd. The improvements shall include but not limited to
Development Services
Anaheim Blvd street widening, curb and gutter, pavement, driveway, ADA
ramps, parkway drains, install street lights, water meters removals, sewer
improvements, traffic signal modifications, etc. As determined and
approved by the City Engineer. The developer's engineer shall submit to
the City for review and approval an engineering cost estimate for the cost
of the required improvements.
44
All public improvements shall be constructed by the developer, inspected
Public Works,
and approved by Construction Services prior to the final building and
Development Services
zoning inspection.
45
All remaining fees/deposits required by Public Works department must be
Public Works,
paid in full.
Development Services
46
All required on-site Water Quality Management Plan BMPs, sewer, storm
Public Works,
drain, and public right of way improvements shall be completed, inspected
Development Services
by Construction Services and operational.
47
Prior to the first final building and zoning inspection, the Property
Public Works,
Owner/Developer shall enter into an agreement with the City of Anaheim
Traffic Engineering
for the ongoing operations and maintenance (O&M) of the traffic signal at
the intersection of Anaheim Boulevard and Cerritos Avenue, subject to
approval by the City Attorney's office. Traffic Signal Maintenance costs
include preventative or extraordinary maintenance, unrecoverable damages
and electrical costs. The City of Anaheim will bill for these costs on a
regular basis. Said maintenance cost shall be 25% of the total signal
operations and maintenance (O&M) cost.
48
Prior to a certificate of occupancy, the Property Owner/Developer shall
Public Works,
coordinate with the City of Anaheim for the optimization of the signal
Traffic Engineering
timing at the intersection of Anaheim Boulevard and Disney Way to
maintain an acceptable LOS.
Optimized signal timing is required for the intersection of Anaheim
Boulevard/Disney way that is expected to operate at an unacceptable LOS
under Existing 2020 "Plus Project" conditions. MM TRANS -1
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CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
49
The following measures are required to be implemented to address Project
Public Works,
access at the intersection of Anaheim Boulevard and Cerritos Avenue:
Traffic Engineering
• Under Opening Year 2020 "Plus Project" conditions, maintain the
existing exclusive eastbound left turn lane and eastbound through -right
lane with permitted phasing operation for east -west left -turn movements to
maintain acceptable delay and LOS and reduce 95th percentile queueing
on northbound left -turn movement;
• Under General Plan Buildout Year 2035 "Plus Project" conditions,
implement protected eastbound and westbound left -turn phasing in
conjunction with the assumed future Buildout lane geometry; and
• Maintain single left -turn lane for the northbound approach under
Project conditions for the facilitation of the residential gate operations and
increase left -turn lane storage to a minimum of 220 feet.
The current conceptual layout at the gate shows sufficient stacking space
for the expected ingress and egress demand at the gate. However, the gate
must be kept open during peak entry hours to ensure that queueing at the
gate does not spill back into the pedestrian crosswalk or intersection in the
unlikely event of gate or transponder malfunctions. The peak entry hours
shall be defined by the City of Anaheim Traffic Engineer prior to a
certificate of occupancy. MM TRANS -2
ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS
50
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.
51
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.
52
During construction activities, all off-road equipment with engines greater
Planning and Building
than 50 horsepower shall meet either EPA or ARB Tier IV Final off-road
Department
emission standards. The construction contractor shall maintain records
concerning its efforts to comply with this requirement, including
equipment lists. Off-road equipment descriptions and information may
include but are not limited to equipment type, equipment manufacturer,
- 17 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
equipment identification number, engine model year, engine certification
(Tier rating), horsepower, and engine serial number.
If engines that comply with Tier IV Final off-road emission standards are
not commercially available, then the construction contractor shall use the
next cleanest piece of off-road equipment (e.g., Tier IV Interim) available.
For purposes of this mitigation measure, "commercially available" shall
mean the availability of Tier IV Final engines taking into consideration
factors such as critical -path timing of construction; and geographic
proximity to the Project Site of equipment. The contractor can maintain
records for equipment that is not commercial available by providing letters
from at least two rental companies for each piece of off-road equipment
where the Tier IV Final engine is not available. MM AIR -1
53
In the event a potentially significant cultural resource is encountered during
Planning and Building
subsurface earthwork activities, all construction activities within a 100 -foot
Department,
radius of the find shall cease and workers should avoid altering the
Planning Services
materials until an archaeologist who meets the Secretary of Interior's
Division
Professional Qualification Standards for archaeology has evaluated the
situation. The Project Applicant shall include a standard inadvertent
discovery clause in every construction contract to inform contractors of this
requirement. Potentially significant cultural resources consist of but are not
limited to stone, bone, glass, ceramics, fossils, wood, or shell artifacts, or
features including hearths, structural remains, or historic dumpsites. The
archaeologist shall make recommendations concerning appropriate
measures that will be implemented to protect the resource, including but
not limited to excavation and evaluation of the finds in accordance with
Section 15064.5 of the CEQA Guidelines. Any previously undiscovered
resources found during construction within the Project Site shall be
recorded via a final report detailing the findings and disposition of the
specimens shall be submitted to the City Engineer. Upon completion of the
grading, the archaeologist shall notify the City of Anaheim as to when the
final report will be submitted. MM CUL -1
54
In the event that fossils or fossil -bearing deposits are discovered during
Planning and Building
construction activities, excavations within a 100 -foot radius of the find
Department,
shall be temporarily halted or diverted. The Project Developer shall notify
a qualified paleontologist who shall examine the discovery. The Project
Planning Services
Applicant shall include a standard inadvertent discovery clause in every
Division
construction contract to inform contractors of this requirement. The
paleontologist shall document the discovery as needed in accordance with
Society of Vertebrate Paleontology standards and assess the significance of
the find under the criteria set forth in CEQA Guidelines Section 15064.5.
The paleontologist shall notify the appropriate agencies to determine
procedures that would be followed before construction activities are
allowed to resume at the location of the find. If the Project
- 18 - PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
Applicant/Developer determines that avoidance is not feasible, the
paleontologist shall prepare an excavation plan for mitigating 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, and the
Project Applicant and Developer shall adhere to the recommendations in
the plan. MM CUL -2
55
In the event of the accidental discovery or recognition of any human
Planning and Building
remains, CEQA Guidelines Section 15064.5; Health and Safety Code
Department,
Section 7050.5; PRC Section 5097.94 and Section 5097.98 must be
planning Services
followed. If during the course of project development there is accidental
discovery or recognition of any human remains, the following steps shall
Division
also be taken:
1. There shall be no further excavation or disturbance within 100 feet
of the remains until the County Coroner is contacted to determine if the
remains are Native American and if an investigation of the cause of death
is required. If the coroner determines the remains to be Native American,
the coroner shall contact the NAHC within 24 hours, and the NAHC shall
identify the person or persons it believes to be the most likely descendant
(MLD) of the deceased Native American. The MLD may make
recommendations to the landowner or the person responsible for the
excavation work within 48 hours, for means of treating or disposing of,
with appropriate dignity, the human remains and any associated grave
goods as provided in PRC Section 5097.98.
2. Where the following conditions occur, the landowner or his or her
authorized representative shall rebury the Native American human remains
and associated grave goods with appropriate dignity either in accordance
with the recommendations of the most likely descendant or on the project
site in a location not subject to further subsurface disturbance:
• The NAHC is unable to identify a most likely descendent or the
most likely descendent failed to make a recommendation within 48 hours
after being notified by the NAHC.
• The descendant identified fails to make a recommendation.
• The landowner or his authorized representative rejects the
recommendation of the descendant, and mediation by the NAHC fails to
provide measures acceptable to the landowner.
Additionally, PRC Section 15064.5 requires the following relative to
Native American Remains:
• When an initial study identifies the existence of, or the probable
likelihood of, Native American Remains within a project, a lead agency
shall work with the appropriate Native Americans as identified by the
-19- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
NAHC as provided in PRC 5097.98. The Project Applicant may develop a
plan for treating or disposing of, with appropriate dignity, the human
remains and any items associated with Native American Burials with the
appropriate Native Americans as identified by the NAHC. MM CUL -3
56
The construction contractor shall implement the following multi -part
Planning and Building
mitigation measure, which is required to reduce potential construction
Department
period noise impacts, and shall also provide construction plans and notes
to the City of Anaheim Building Division prior to commencing
construction, for verification purposes:
• The construction contractor shall ensure that all equipment driven
by internal combustion engines shall be equipped with mufflers, which are
in good condition and appropriate for the equipment.
• The construction contractor shall ensure that unnecessary idling of
internal combustion engines (i.e., idling in excess of 5 minutes) is
prohibited.
• The construction contractor shall utilize "quiet" models of air
compressors and other stationary noise sources where technology exists.
• At all times during project grading and construction, the
construction contractor shall ensure that stationary noise -generating
equipment shall be located as far as practicable from sensitive receptors
and placed so that emitted noise is directed away from adjacent residences.
The construction contractor shall ensure that the construction
:taging areas shall be located to create the greatest feasible distance
between the staging area and noise -sensitive receptors nearest the project
site.
• The construction contractor shall ensure that all on-site construction
activities, including deliveries and engine warm-up, shall be restricted to
the hours of 7:00 a.m. to 7:00 p.m. daily.
• A letter of self -certification on company letterhead shall be
provided to the City of Anaheim Building Division for review and approval
prior to commencing construction, which indicates that the equipment in
use has not been modified in any way, shape, or form from the original
assembly and production of said equipment. The letter will also indicate
that the contractor certifies that during all work, s/he is adhering to all
requirements outlined in the mitigation measures as it relates to the
operation of all equipment to be used on-site.
• A letter will also be provided to the City of Anaheim Building
Department from the company that has provided the equipment, indicating
that the equipment in use has not been modified in any way, shape, or form
from the original assembly and production of said equipment. MM NOI-1
-20- PC2019-043
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CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
57
Unanticipated Discovery of Tribal Cultural and Archaeological Resources:
Planning and Building
Upon discovery of any archaeological resources, construction activities
Department,
shall be ceased in the immediate vicinity of the find until the find can be
assessed. All archaeological resources unearthed by project construction
Planning Services
activities shall be evaluated by the qualified archaeologist and Tribal
Division
monitor/consultant approved by the Gabrieleno Band of Mission Indians-
Kizh Nation. If the resources are Native American in origin, the Gabrieleno
Band of Mission Indians-Kizh Nation shall coordinate with the Property
Owner/Developer regarding treatment and curation of these resources.
Typically, the Tribe will request reburial or preservation for educational
purposes. Work may continue on other parts of the Project Site while
evaluation and, if necessary, mitigation takes place (CEQA Guidelines
Section 15064.5[fJ). If a resource is determined by the qualified
archaeologist to constitute a "historical resource" or "unique
archaeological resource," time allotment and funding sufficient to allow for
implementation of avoidance measures, or appropriate mitigation, must be
available. The treatment plan established for the resources shall be in
accordance with CEQA Guidelines Section 15064.5(f) for historical
resources and PRC Sections 21083.2(b) for unique archaeological
resources. Preservation in place (i.e., avoidance) is the preferred manner of
treatment. If preservation in place is not feasible, treatment may include
implementation of archaeological data recovery excavations to remove the
resource along with subsequent laboratory processing and analysis. Any
historic archaeological material that is not Native American in origin shall
be curated at a public, non-profit institution with a research interest in the
materials, such as the Natural History Museum of Los Angeles County or
the Fowler Museum, if such an institution agrees to accept the material. If
no institution accepts the archaeological material, they shall be offered to a
local school or historical society in the area for educational purposes. MM
TCR -2
58
Unanticipated Discovery of Human Remains and Associated Funerary
Planning and Building
Objects: Native American human remains are defined in PRC Section
Department,
5097.98(d)(1) as an inhumation or cremation, and in any state of
planning Services
decomposition or skeletal completeness. Funerary objects, called
Division
associated grave goods in PRC Section 5097.98, are also to be treated
according to this statute. Health and Safety Code Section 7050.5 dictates
that any discoveries of human skeletal material shall be immediately
reported to the County Coroner and excavation halted until the coroner has
determined the nature of the remains. If the coroner recognizes the human
remains to be those of a Native American or has reason to believe that they
are those of a Native American, he or she shall contact, by telephone within
24 hours, the NAHC and PRC Section 5097.98 shall be followed. MM
TCR -3
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
59
Resources Assessment & Continuation of Work Protocol: Upon discovery,
Planning and Building
the Tribal and/or archaeological monitor/consultant will immediately
Department,
divert work at minimum of 150 feet and place an exclusion zone around
the burial. The monitor/consultant(s) will then notify the Tribe, the
planning Services
qualified lead archaeologist, and the construction manager who will call
Division
the coroner. Work will continue to be diverted while the coroner determines
whether the remains are Native American. The discovery is to be kept
confidential and secure to prevent any further disturbance. If the finds are
determined to be Native American, the coroner will notify the NAHC as
mandated by state law who will then appoint a MLD. MM TCR -4
60
Kizh-Gabrielefio Procedures for Burials and Funerary Remains: If the
Planning and Building
Gabrieleno Band of Mission Indians—Kizh Nation is designated MLD, the
Department,
following treatment measures shall be implemented. To the Tribe, the term
"human remains" encompasses more than human bones. In ancient as well
planning Services
as historic times, Tribal traditions included, but were not limited to, the
Division
burial of funerary objects with the deceased, and the ceremonial burning of
human remains. These remains are to be treated in the same manner as bone
fragments that remain intact. Associated funerary objects are objects that,
as part of the death rite or ceremony of a culture, are reasonably believed
to have been placed with individual human remains either at the time of
death or later; other items made exclusively for burial purposes or to
contain human remains can also be considered as associated funerary
objects. MM TCR -5
61
Prior to the continuation of ground disturbing activities, the Property
Planning and Building
Owner/Developer shall arrange a designated site location within the
Department,
footprint of the Project for the respectful reburial of the human remains
and/or ceremonial objects. In the case where discovered human remains
planning Services
cannot be fully documented and recovered on the same day, the remains
Division
will be covered with muslin cloth and a steel plate that can be moved by
heavy equipment placed over the excavation opening to protect the
remains. If this type of steel plate is not available, a 24-hour guard should
be posted outside of working hours. The Tribe will make every effort to
recommend diverting the Project and keeping the remains in situ and
protected. If the Project cannot be diverted, it may be determined that
burials will be removed. The Tribe will work closely with the qualified
archaeologist to ensure that the excavation is treated carefully, ethically and
respectfully. If data recovery is approved by the Tribe, documentation shall
be taken which includes at a minimum detailed descriptive notes and
sketches. Additional types of documentation shall be approved by the Tribe
for data recovery purposes. Cremations will either be removed in bulk or
by means as necessary to ensure completely recovery of all material. If the
discovery of human remains includes four or more burials, the location is
considered a cemetery and a separate treatment plan shall be created. Once
-22- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
complete, a final report of all activities is to be submitted to the Tribe and
the NAHC. The Tribe does NOT authorize any scientific study or the
utilization of any invasive diagnostics on human remains.
Each occurrence of human remains and associated funerary objects will be
stored using opaque cloth bags. All human remains, funerary objects,
sacred objects and objects of cultural patrimony will be removed to a secure
container on-site if possible. These items should be retained and reburied
within six months of recovery. The site of reburial/repatriation shall be on
the Project Site but at a location agreed upon between the Tribe and the
landowner at a site to be protected in perpetuity. There shall be no publicity
regarding any cultural materials recovered. MM TCR -6
62
Archaeological and Native American monitoring and excavation during
Planning and Building
construction projects will be consistent with current professional standards.
Department,
All feasible care to avoid any unnecessary disturbance, physical
planning Services
modification, or separation of human remains and associated funerary
Division
objects shall be taken. Principal personnel must meet the Secretary of
Interior standards for archaeology and have a minimum of 10 years of
experience as a principal investigator working with Native American
archaeological sites in Southern California. The qualified archaeologist
shall ensure that all other personnel are appropriately trained and qualified.
MM TCR -7
GENERAL
63
A minimum of two connections to public water mains and water
Public Utilities,
looping inside the project are required.
Water Engineering
64
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g. water mains, fire hydrants, service
public Utilities,
laterals, 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.
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
-23- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
65
No public water main or public water facilities shall be installed in private
alleys or paseo areas.
Public Utilities,
Water Engineering
66
No public water mains or laterals allowed under parking stalls or parking
lots.
Public Utilities,
Water Engineering
67
Conditions of approval related to each of the timing milestones above shall
be prominently displayed on plans submitted for permits. For example,
planning and Building
conditions of approval that are required to be complied with prior to the
Department,
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
Tans, etc.
68
The applicant is responsible for paying all charges related to the processing
of this discretionary case application within 30 days of the issuance of the
planning and Building
final invoice or prior to the issuance of building permits for this project,
Department,
whichever occurs first. Failure to pay all charges shall result in delays in
Planning Services
the issuance of required permits or may result in the revocation of the
Division
approval of this application.
69
The Applicant shall defend, indemnify, and hold harmless the City and its
planning and Building
officials, officers, employees and agents (collectively referred to
"Indemnitees")
Department,
individually and collectively as 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 permit
Division
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.
70
All new landscaping shall be installed in conformance with Chapter 18.46
"Landscape and Screening" of the Anaheim Municipal Code and shall be
planning and Building
maintained in perpetuity. Landscaping shall be replaced in a timely manner
Department,
in the event that it is removed, damaged, diseased and/or dead.
Planning Services
Division
71
Trees shall be maintained in perpetuity and in good health along the
planning and Building
northerly property line to provide adequate screening and privacy from
adjacent property, in accordance with the approved landscape plan.
Department,
Planning Services
Division
-24- PC2019-043
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
72
Prior to the issuance of a building permit, the applicant shall submit draft
Planning and Building
Covenants Conditions and Restrictions (CC&Rs) that are prepared by an
Department,
authorized professional for review and approval by the City Engineer,
Planning Director, and City Attorney, which will generally provide for the
planning Services
following:
Division
a. A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles; and that
substandard garage sizes shall be disclosed to buyers.
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.
73
Prior to final map approval, the Developer shall execute and record against
the Property a Density Bonus Housing Agreement in a form and substance
Community and
acceptable to the Planning Director and the City Attorney, and if required
Economic
by the Density Bonus Housing Agreement, a declaration of covenants,
Development
conditions, and restrictions ("CC&R's") that sets forth the terms and
Department
conditions of approval of said Density Bonus. The Density Bonus Housing
Agreement/CC&R's shall be binding on the Developer and all future
owners and successors in interest thereof. The Density Bonus Housing
Agreement shall require the Density Bonus units to be offered for sale to
the initial buyer of the Density Bonus units at an affordable housing cost to
moderate income households and shall include the requirement for an
equity sharing agreement, whereby the initial buyer of each Density Bonus
unit shall enter into an agreement with the City requiring each such initial
buyer to pay to the City upon the initial resale of each Density Bonus unit
the City's proportional share of appreciation in accordance with paragraph
.0105 (For -Sale Housing) of subsection .010 (Approval) of Section
18.52.040 (General Density Bonus) of the Code.
-25- PC2019-043