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RES-2020-013 RESOLUTION NO. 2 0 2 0-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2017- 05931 AND MISCELLANEOUS NO. 2017-00654 (DEV2017-00039) (6501-6513 SERRANO AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (i) Conditional Use Permit No. 2017-05931 to permit the construction of a 58-unit attached, single-family residential project with modified development standards,i.e.,a reduction in interior setbacks,and building to building setbacks,and (ii) a density bonus housing development referred to as Miscellaneous Case No. 2017-00654 for Tier II Density Bonus incentives to reduce the street setback and minimum lot size requirements for multiple-family development in the Scenic Corridor(SC) Overlay Zone, a minimum of which twelve (12) units (the "Density Bonus Units") will be offered for sale to "moderate income" households as defined in Section 50093 of the California Health and Safety Code,at an"affordable housing cost", as defined in Section 50052.5 of the California Health and Safety Code for that certain real property generally located at the northeast corner of Serrano Avenue and Nohl Ranch Road and commonly referred to as 6501-6513 Serrano 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. 2017-05931 and Miscellaneous Case No. 2017- 00654 are proposed in conjunction with (i) General Plan Amendment No. 2017-00515 to redesignate the property from Neighborhood Center Commercial to Low-Medium Density Residential; (ii) Reclassification No. 2017-00309 to reclassify the property from the "C-G" General Commercial Zone to the "RM-3" Multiple-Family Residential Zone, (iii) a vesting tentative tract map to permit a 1-lot, 54 unit attached single-family residential subdivision of the Property for condominium purposes, which is designated as "Vesting Tentative Tract Map No. 18104", and(iv) Specimen Tree Removal Permit No. 2018-00006 to remove Pepper Trees within the Scenic Corridor (SC) Overlay Zone. General Plan Amendment No. 2017-00515, Reclassification No. 2017-00309, Conditional Use Permit No. 2017-05931, Miscellaneous Case No. 2017-00654, Vesting Tentative Tract Map No. 18104, and Specimen Tree Removal Permit No. 2018-00006 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, single family, attached dwelling development within the "RM-3" 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. 2017-05931 will permit the reduction in interior and building to building setbacks; and WHEREAS, in consideration for providing housing affordable to moderate income households,the applicant has requested certain development concessions and incentives,including - 1 - waivers or reductions of development standards,which the applicant has represented are necessary to provide affordable housing costs for the Density Bonus Units; and WHEREAS, the Property is approximately 3.03 acres in size and is currently developed with a commercial center that consists of one story buildings with neighborhood commercial uses and is located in the"C-G" General Commercial Zone. The Anaheim General Plan designates the Property for Neighborhood Center land uses; 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 Notice of Preparation("NOP")for Draft EIR No. 351 was distributed to the public on December 13,2018. The public review period for the initial study ended on January 14, 2019. The City held a public scoping meeting on January 7,2019 to provide members of the public with an opportunity to learn about the Proposed Project,ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 351; and WHEREAS,Draft EIR No. 351 was made available for a 45-day public review period from July 19, 2019 to September 3, 2019. The Notice of Availability ("NOA"), which also included noticing for a public hearing before the Planning Commission and a tentative date for a public hearing before the City Council to review and consider the Draft EIR No. 351 and the Project,was sent to a list of interested persons, agencies and organizations, as well as property owners within the within a 1,000-foot radius of the Proposed Project. The Notice of Completion ("NOC") was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk-Recorder's office on July 19, 2019. Copies of Draft EIR No. 351 were made available for public review at the City of Anaheim Planning and Building Department, Anaheim Central Library, Haskett Library and has been available for download via the City's website; and WHEREAS, in conformance with the requirements of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the City prepared or caused to be prepared prior to the City Council Public Hearing to consider the Planning Commission's recommendations and the Proposed Actions, Findings of Fact and Mitigation Monitoring Program No. 359 relating to EIR No.351; and WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final EIR No. 351 will consist of Draft EIR No. 351; comments and recommendations received on Draft EIR No. 351 either verbatim or in summary; a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 351; and the responses of the City, as lead agency, to significant points raised in the review and consultation process; and Mitigation Monitoring Program No. 359; and WHEREAS,the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 28,2019,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 - 2 - 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 No. PC2019-045 denying General Plan Amendment No. 2017-00515, a summary of evidence and a report of the findings and recommendations of the Planning Commission, and after receiving an appeal of the Planning Commission's decision on November 7, 2019 from the project applicant, the City Council did fix the 17th day of December, 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 continued the hearing to January 14,2020,at which time all interested persons were given an opportunity to be heard and,after all public testimony was received,discussion and deliberation by City Council on the Proposed Project were continued to January 28, 2020; 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. 2017-05931: 1. The uses within the Proposed Project are compatible with the surrounding land uses because the surrounding properties are developed with single family and multiple family residential land uses; 2. New buildings or structures related to the Proposed 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 single-family residential land uses in the vicinity because the Proposed Project will include two- story blank building walls adjacent to the residential neighborhoods to the north and east, and where the three story buildings will be adequately setback from the single family residential structures to create massing that is compatible with surrounding neighborhoods; 3. Vehicular and pedestrian access are adequate because improvements to the public right-of-way and the project's ingress/egress will be constructed in accordance with City standards; 4. The Proposed 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 single-family residential neighborhood to the north and east; 5. The size and shape of the site proposed for the Proposed Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area because the Project will include Code compliant parking and recreational areas,sufficient building setbacks from the single-family residential neighborhood to the north and east, and new pedestrian paths throughout the neighborhood. The Proposed Project will also include two-story blank building walls adjacent to the residential neighborhoods to the north and east, and where the three story buildings will be adequately setback from the single family residential structures to create massing that is compatible with surrounding neighborhoods; - 3 - 6. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and will result in a net decrease of peak hour vehicle trips compared to the existing commercial uses on the Property; 7. The Proposed Project will comply with the General Plan and zoning for the Property because the Proposed Project will provide for the development of a quality multiple-family living environment with design amenities, such as private open space and common recreation areas. The permitted density range under the Low-Medium Density Residential designation is from zero to 18 dwelling units per gross acre. The Proposed Project will have a density of 19.1 dwelling units per acre, including a seven percent density bonus as permitted under State Law; 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, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the following Tier Two concessions and incentives are necessary to provide at least eleven (11) of the condominium units within the Project for sale at an affordable cost to moderate income households under Section 18.52.090 of Chapter 18.52(Density Bonuses) of the Code because the requested incentives are necessary to make the housing units economically feasible: (i) a reduction in the minimum street setback requirement along the south and west property lines where a 4-foot landscape setback and a 14-foot structural setback is proposed and a 50-foot setback would be required; and (ii) a reduction in the minimum lot size for a multiple- family project where a 3.03-acre lot size is proposed and a 5-acre lot size is required; and 2. That granting of the density bonus or incentive will not have a specific adverse impact upon public health and safety or on the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to moderate income households; and 3. The granting of the density bonus or incentive is consistent with State Law including, but not limited to, the Density Bonus Law codified in California Government Code Section 65915 et seq. 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. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, the City Council of the City of Anaheim does hereby approve and adopt Conditional Use Permit No. 2017-05931 and Miscellaneous Case No. 2017-00654, contingent upon and subject to: (1)the adoption by the City Council of(i)a resolution approving and adopting General Plan Amendment No. 2017-00515, (ii)Reclassification No. 2017-00309 and(iii)Vesting - 4 - Tentative Tract Map No. 18104, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP 359, 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 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 28 day of January , 2020,by the following roll call vote: AYES:Mayor Pro Tem Faessel and Council Members Barnes, Brandman, and Kring NOES:Mayor Sidhu and Council Member Moreno ABSENT: None ABSTAIN:Counci l Member 0'Ne i 1 CITY OF ANAHEIM /A/ I A e' S 'TH' CIT! OFANAHEIM ATTEST: CITY CLERK OF E CITY OF ANAHEIM - 5 - FXIIIRIT "A" DEN' M). 2017-00039 APN: 365-062-09 o 0a vip 411, 11,,,,54.IIP 41111111FF di 0Z.r 11011 Gci.4.C411111101111110 1 y; E 0300E AVE A 1111. '$‘;`t.,, # m like, D( ø'tSERaApOE A� ‘ir . ' - - - ' 0 *O c4' 0 - i i IN MI Ma Source Recorded Tract pe mesa City GIS L� P+sasa note the accuracy Is•r-two to►iv.Met - 6 - EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05931 AND MISCELLANEOUS CASE NO. 2017-00654 (DEV2017-00039) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT Prior to issuance of a demolition or grading permit, the applicant shall planning and Building submit proof that it has provided up to $150,000 to existing tenants for Department, Planning relocation assistance. Services Division The project's Final Grading, Soils, and Drainage Reports shall be 2 Public Works, submitted for review and approval to the Development Services Division. Development Services 3 The final Water Quality Management Plan (WQMP) shall be submitted Public Works, for review and approval to Public Works Development Services Division Development Services and comply with the most current requirements of the Orange County Drainage Area Management Plan(DAMP). The property owner shall submit project improvement plans that 4 Public Works, incorporate the required drainage improvements and the mechanisms Development Services proposed in the approved Final Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. The Final Drainage Report shall demonstrate that the post- development storm event run-off shall be less than or equal to the existing pre-development storm event run-off for each watershed and that the proposed building structures and basement(s), if any, shall be flood protected. Finish floor elevations shall be 1-ft. minimum above the 100- year, 24 hour event water surface elevation. Run-off shall not be diverted and any proposed improvements shall prevent downstream properties from becoming flooded. The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. Also, the plans shall show that all concentrated flow shall be contained within an approved drainage device and preserve the existing flows and manner drainage is conveyed downstream. Any inlets in sump condition shall be designed to capture Q25 and a secondary emergency outlet for the sump condition is required to provide a minimum of 1-ft. freeboard between the maximum water surface elevation and minimum finish floor elevation. The emergency outlet must direct overflows to either an adequate downstream street or natural conveyance system. The proposed catch basins within the public right-of-way shall have full 5 capture screens and automatic screens on the curb surface(ARS and Public Works, CPS). Development Services The applicant shall demonstrate that coverage has been obtained under 6 California's General Permit for Stormwater Discharges Associated with Public Works, Construction Activity by providing a copy of the Notice of Intent (NOI) Development Services - 7 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. Prior to issuance of the grading permit and right-of-way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Services Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. 8 All existing vertical structures shall be demolished. The developer shall Public Works, obtain a demolition permit from the Building Division prior to performing Development Services this work. The Owner/Developer shall submit a set of improvement plans for Public Public Utilities, Utilities Water Engineering review and approval in determining the Water Engineering conditions necessary for providing water service to the project. 1 Prior to an0y permit issuance, the Project Applicant or construction Planning and Building contractors shall provide a letter to the Building Official on company Department, Building letterhead that certifies that the following will be adhere to during all Division stages of development: be required to • All equipment used on site meets the EPA Tier 4 Interim emissions standards for off-road diesel-powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City that such equipment is not available. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB's regulations. • All equipment used on site has emission noise control parts in place and have not been altered in any way from their initial condition as delivered from the factory. • A list of all operating equipment in use on the construction site including the make,model, and numbers of each piece of equipment. • All equipment shall be properly serviced and maintained in accordance with the manufacturer's recommendations. All nonessential idling of construction equipment is limited to no more than five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. MM AQ-1 11 In the event that any evidence of cultural resources is discovered during Planning and Building ground-disturbing activities, all work within the vicinity of the find shall Department, Planning stop until a qualified archaeological consultant can assess the find and Services Division make recommendations. Excavation of potential cultural resources shall not be attempted by project personnel. The Qualified Archaeologist shall ensure that the following measures are followed for the project. • Prior to any ground disturbance, the Qualified Archaeologist, or their designee,shall provide a worker environmental awareness protection - 8 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT (WEAP) training to construction personnel regarding regulatory requirements for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. The WEAP training can be in the form of a video or PowerPoint presentation.Printed literature(handouts)can accompany the training and can also be given to new workers and contractors to avoid the necessity of continuous training over the course of the project. • In the event that unanticipated cultural material is encountered during any phase of project construction, all construction work within 50 feet (15 meters) of the find shall cease and the Qualified Archaeologist shall assess the find for importance. Construction activities may continue in other areas. If, in consultation with the appropriate City, the discovery is determined not to be important, work will be permitted to continue in the area. • If a resource is determined by the Qualified Archaeologist to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or has a "unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the Qualified Archaeologist shall coordinate with the applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources, and construction allowed to proceed. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. • Any historic archaeological material that is not Native American in origin shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes, as determined as appropriate by the City of Anaheim. MM CUL-1 12 Prior to the beginning of ground disturbances, the City of Anaheim shall planning and Building require the Project Applicant to retain a qualified paleontologist to monitor Department, Planning ground-disturbing activities that occur in deposits that could potentially Services Division contain paleontological resources (e.g., Puente Formation, the Soquel Member and the La Vida Member). Before ground-disturbing activities begin, a qualified paleontologist shall prepare a monitoring plan specifying the frequency, duration, and methods of monitoring. Sediment samples shall be collected in the deposits and processed to determine the small-fossil potential in the project site, and any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution. MM GEO-1 - 9 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 3 A site-specific construction worksite staging and traffic control plan shall Public Works be prepared and submitted to the City of Anaheim for review and approval Department; Traffic prior to the start of any construction work. This plan shall include such Division elements as the location of any potential partial lane closures,hours during which lane closures(if any)would not be allowed, local traffic detours(if any), protective devices and traffic controls (such as barricades, cones, flag persons, lights, warning beacons, temporary traffic signals, warning signs). The Proposed Project will be required to comply with the City- approved plan measures. MM HAZ-1 4 Prior to the issuance of any permits allowing ground-disturbing activities Planning and Building that cause excavation to depths greater than artificial fill, the City of Department, Planning Anaheim shall ensure that the project applicant/developer retain qualified Services Division Native American Monitor(s) during construction-related ground disturbance activities. The monitor(s) shall be approved by the tribal representatives of the Gabrieleno Band of Mission Indians - Kizh Nation and be present on-site during construction that involve ground disturbing activities. The Native American monitor(s) shall be responsible for the following activities during the monitoring, as appropriate: • Complete monitoring logs on a daily basis,providing descriptions of the daily activities,including construction activities,locations,soil,and any cultural materials identified. • The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the tribal representatives and monitor have indicated that the site has a low potential for tribal cultural resources. • Upon discovery, the tribal and/or archaeological monitor/consultant/consultant shall immediately divert work a minimum of 150 feet and place an exclusion zone around the burial. The monitor/consultant(s) shall then notify the tribe, the qualified lead archaeologist, and the construction manager who shall call 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 Most Likely Descendent (MLD). • If the Gabrieleno Band of Mission Indians - Kizh Nation is designated MLD,the following treatment measures shall be implemented. • Prior to the continuation of ground-disturbing activities, the land owner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects. • In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall 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 - 10 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT steel plate is not available, a 24-hour guard should be posted outside of working hours. • The tribe shall 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 the 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 that 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. MM TCR-1 PRIOR TO THE ISSUANCE OF BUILDING PERMITS Prior to the issuance of a building permit, the applicant shall submit draft 15 Covenants Conditions and Restrictions (CC&Rs) that are prepared by an Public Works, authorized professional for review and approval by the City Engineer, Traffic Engineering 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. That prior to the issuance of a building permit, plans shall be submitted 16 showing stop control for all project driveways. A stop sign shall be Public Works, Traffic Engineering installed and stop bar and legend shall be painted on the driveways prior to final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 1 Prior to issuance of the first building permit, excluding model homes and Public Works, demolition, the final map shall be submitted to and approved by the City Development Services of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. - 11 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 18 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 Engineering 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 the project. 19 All backflow equipment shall be located above ground outside of the street Public Utilities, setback area in a manner fully screened from all public streets and alleys. Water Engineering Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 20 All requests for new water services,backflow equipment, or fire lines, as Public Utilities, well as any modifications,relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 21 All existing water services and fire services shall conform to current Water Public Utilities, Services Standards Specifications. Any water service and/or fire line that Water Engineering does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 22 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) Public Utilities, an easement for all large domestic above-ground water meters and fire Water Engineeri• ng hydrants,including a five(5)-foot wide easement around the fire hydrants, water meter boxes 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. 23 The Owner/Developer shall submit a water system master plan, including Public Utilities, a hydraulic distribution network analysis, considering the maximum fire Water Engineering flow rate plus maximum day demands and peak hour water demands for - 12 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT the project for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the existing water system and proposed on-site water system to meet the project's 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. 24 Water improvement plans shall be submitted to the Water Engineering Public Utilities, Division for approval and a performance bond in the amount approved Water Engineering by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. 25 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electri• cal Engineering electrical service requirements and submit electric system plans,electrical panel drawings, site plans,elevation plans, and related technical drawings and specifications. 26 Should your development project need to be phased such that some parts Planning and Building of your project need to be occupied (temporarily or permanently)prior to Department, final completion or final approval of the project in its entirety, plans outlining this are required as part of all plan submittals. It is crucial that Building Division these plans clearly indicate: • various phases of occupancy • how clear separation of construction and non-construction personal is maintained • clear means of egress,occupant loads,paths of travel and how each component changes with each additional occupied phase These"phasing plans" shall be submitted as part of the development plan submittals beginning with the initial plan submittal to be utilized throughout the building process. A minimum of two (but not greater than three) weeks prior to the time at which occupancy (of part of the development) is desired, please work closely with your Business Assistance Specialist and complete and submit the Application for Temporary Use and Occupancy. It is imperative that the application refers to the approved phasing plans accurately. A new application must be submitted for review at each desired phased occupancy and may be subject to additional conditions or completion milestones form various City Departments. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 27 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 - 13 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance,turnaround area,guest phone, separate lane for guest access,and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, an amendment to the CC&R's approved by the City Engineer, Planning Director and the City Attorney's office and recorded. Gates, if any, shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. 28 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 Electri• cal Engineering on the approved utility service plan. 29 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 30 All required on-site Water Quality Management Plan, sewer, storm drain, Public Works, and public right of way improvements shall be completed,operational,and Development Services are subject to review and approval by the Construction Services Inspector. 1 The developer shall improve Serrano Avenue and Nohl Ranch Road per Public Works, the latest City of Anaheim Public Works requirements, approved traffic Development Services study requirements, and as approved by the City Engineer. Solid Waste Management Plan with be recorded with HOA CCR's. Public Works Operations, Streets & Sanitation ON-GOING DURING PROJECT GRADING, CONSTRUCTION AND OPERATIONS 33 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. 34 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 - 14 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 5 A minimum of two connections to public water mains and water Public Utilities, looping inside the project are required. One connection shall be on Water Engineering Nohl Canyon Road and the other shall be on Serrano Avenue. 3�� The following minimum outside-to-outside clearances shall be provided Public Utilities, around all other new and existing public water facilities (e.g. water main, Water Engineering fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10-feet from stormwater BMPspower poles,street lights,and trees. • 5-feet from structures, footings, and walls where approved in advanced by Water Engineering. Clearances less than 5 feet shall not be allowed. • 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 minimum horizontal clearances shall be maintained between proposed public water main and other facilities: • 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities,including storm drains, gas, and electric • 6-feet minimum separation from curb face No public water main or public water facilities shall be installed in private37 Public Utilities, alleys or paseo areas. Water Engineering 38 No public water mains or laterals allowed under parking stalls or parking Public Utilities, lots. Water Engineering �� Should the measures constructed at the driveway on Nohl Ranch Road to Public Works, prevent southbound left-turns in and westbound left-turns out of the Traffic Engineering project prove to be ineffective, project owner shall be required to revise the measures and construct alternative measures, at owner cost, until an effective measure is found and to the satisfaction of the City Engineer. 40 Any proposed changes to the Solid Waste Management Plan must be Public Works approved by the Public Works Department, Sanitation Division. Operations, Streets & Sanitation 41 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. - 15 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 42 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. 43 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 costs,liabilities and expenses incurred by Indemnitees in connection with such proceeding. 44 All new landscaping shall be installed in conformance with Chapter 18.46 planning and Building "Landscape and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning Services Division 45 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 Services Planning Director,and City Attorney,which will generally provide for the Division following: 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. - 16 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 46 Prior to final map approval,the Developer shall execute and record against Community and the Property a Density Bonus Housing Agreement in a form and substance Economic acceptable to the Planning Director and the City Attorney, and if required Development by the Density Bonus Housing Agreement, a declaration of covenants, Department conditions, and restrictions ("CC&R's") that sets forth theterms and .. 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. - 17 - 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. 2020-013 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of January, 2020 by the following vote of the members thereof: AYES: Mayor Pro Tern Faessel and Council Members Barnes, Brandman, and Kring NOES: Mayor Sidhu and Council Member Moreno ABSENT: None ABSTAIN: Council Member O'Neil IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February, 2020. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)