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Resolution-PC 2020-008RESOLUTION NO. PC2020-008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2019-06027 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00046) (227 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-06027 to permit a new church facility with childcare on a 2.97 -acre parcel (Lot 1 of Parcel Map 2019-165) for that certain real property generally located and commonly referred to as 227 North Magnolia Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 6.24 acres in size and is currently developed with the Victory Baptist Church campus. The Land Use Element of the Anaheim General Plan designates the Property for Low -Medium Residential land uses. The Property is located in the "T" Transition Zone and "RM -2" Zone. WHEREAS, Conditional Use Permit No. 2019-06027 is proposed in conjunction with (i) Reclassification No. 2019-00322 for the rezoning of property from "T" Transition and "RM -2" Multiple Family Residential to "RM -3" Multiple Family Residential; (ii) a conditional use permit for the development of a 59 -unit, single family attached townhome project with modified development standards and an affordable housing incentive for restricting 10% of the project units (6 units) for moderate -income families on a 3.27 -acre parcel which is designated as Conditional Use Permit No. 2019-06028; (iii) a tentative parcel map to subdivide the 6.24 -acre property into 2 lots for the separate church (Lot 1) and residential uses (Lot 2) as designated as Tentative Parcel Map No. 2019-165; and (iv) Tentative Tract Map No. 19019 for a condominium subdivision for the 59 -unit residential townhome project (the "Proposed Project"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 13, 2020, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to 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 "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and - I - PC2020-008 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 March 12, 2020 and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard, Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California; and, the Ponderosa Joint Use Library at 240 East Orangewood Avenue, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission, 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) The Proposed Project is an allowable use within the "RM -3" Multiple Family Residential Zone under subsection .010 of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple Family Residential Zones) of the Code, subject to a conditional use permit and the zoning and development standards of the "RM -3" Multiple Family Residential Zone. 2) The Proposed Project, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property will be redeveloped with a new church campus which will comply with all RM -3 zoning provisions including a sufficient amount of parking spaces to accommodate the parking demand for the church use. 3) The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. The proposed church is designed on a large 2.97 -acre site with adequate on-site parking and vehicular circulation. 4) The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the surrounding streets to accommodate the use. 5) The granting of Conditional Use Permit No. 2019-06027 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. - 2 - PC2020-008 WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2019-06027, contingent upon City Council approval of Reclassification No. 2019-00322 for the rezoning of property from "T" Transition and "RM -2" Multiple Family Residential to "RM -3" Multiple Family Residential, and further contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2019-06027 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, 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 Reclassification No. 2019-00322, 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. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 3 - PC2020-008 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 13, 2020. 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. fi CHAiRptIRSON, 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 April 13, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of April, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-008 EXMIQIT "Aft DEV NO. 2019-00046 - 5 - PC2020-008 APN: 070-161-16�- 070-161-23 rz W STANLEY AVE W RUSSELI AVE yet; ru 3 d _ 4 W B R UC F ,a,',; r i;n• W YALE: AVE Q so 100 Source Recorded Traci W" andkx City GIS r i�I� d88 "0 the acottrac I is +I- two 10 five feet - 5 - PC2020-008 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06027 (DEV2019-00046) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion Public Works, Development Services control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 2 Prepare and submit a final drainage study, including supporting hydraulic and hydrological calculations 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 Execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to the City's storm drain system. The agreement Public Works shall be recorded by the applicant on the property prior to the issuance of Development Services any permits. 4 Obtain the required coverage under California's General Permit for Public Works, Stormwater Discharges associated with Construction Activity by Development Services providing a copy of the Notice of Intent (NOI) 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. 5 Prepare a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP Public Works, shall be kept at the project site and be available for Public Works Development Services Development Services Division review upon request. 6 Submit Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Public Works, Section 7 and Exhibit 7.I1 of the Orange County Drainage Area Development Services Management Plan (DAMP) for New Development/Significant - 6 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT Redevelopment projects. The WQMP shall identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 7 Submit a Preliminary Geotechnical Report to the Public Works Public Works, Development Services Division for review and approval. The report shall Development Services address grading and any proposed infiltration features of the WQMP. 8 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 9 During construction, the applicant shall require all construction planning and Building contractors to comply with South Coast Air Quality Management Department, Building District's (SCAQMD's) Rules 402 and 403 in order to minimize Division construction emissions of dust and particulates. SCAQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. Rule 402 prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not remain visible beyond the property line of the emission source. This rule is intended to reduce PM 10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. - 7 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. e. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the work day to remove soil tracked onto the paved surface. MM AQ -1 Dust Control 10 South Coast Air Quality Management District (SCAQMD) Rule 1113 planning and Building requires manufacturers, distributors, and end-users of architectural and industrial maintenance coatings to reduce reactive organic gas (ROG) Department, Building emissions from the use of these coatings, primarily by placing limits on Division the ROG content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with SCAQMD Rule 1113. This requirement shall be included as notes on contractor specifications. MM AQ -2: Architectural Coatings. 11 California Health and Safety Code Section 7050.5, State CEQA Planning and Building Guidelines Section 15064.5, and Public Resources Code (PRC) Section 5097.98 mandate the process to be followed in the event of an accidental Department, Planning discovery of any human remains in a location other than a dedicated Services Division cemetery. California Health and Safety Code Section 7050.5 requires that in the event that human remains are discovered, disturbance of the project site shall be halted until the coroner has conducted an investigation into the circumstances, manner and cause of death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in PRC Section 5097.98. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. MM CUL -1 12 During rough grading activities, which are defined as any grading activity occurring at depths below four feet from the existing surface, close planning and Building monitoring should occur to quickly and professionally collect any Department, Planning specimens without impeding development and sediment samples should Services Division be collected and processed by a qualified professional to determine the small fossil potential. In the event that paleontological resources are inadvertently unearthed during excavation and grading activities of any future development project, the paleontologist or contractor shall temporarily cease all earth -disturbing activities within a 100 -foot radius - 8 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT of the area of discovery. The qualified professional shall evaluate the significance of the finding and determine the appropriate course of action. If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to Section 15064.5 of the State CEQA Guidelines shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume. Nothing in this mitigation measure precludes the retention of a single cross -trained observer who is qualified to monitor for both archaeological and paleontological resources. MM GEO-1 13 The applicant shall ensure through contract specifications that Planning and Building construction best management practices (BMPs) be implemented by Department, Building contractors to reduce construction noise levels. Contract specifications shall be included in construction documents, which shall be reviewed by Division the City prior to issuance of a grading or building permit (whichever is issued first). The construction BMPs shall include the following: • Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. • Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. • Use electric air compressors and similar power tools rather than diesel equipment, where feasible. • Construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for more than 5 minutes. • Construction hours, allowable workdays, and the phone number of the job superintendent shall be clearly posted at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. MM N-1 14 Prior to the issuance of a grading permit, the City's Building Division shall confirm that construction contract specifications prohibit the use of large Planning and Building construction equipment (e.g., dozers, graders, scrapers, vibratory rollers) Department, Building capable of generating vibration levels of 0.4 inches -per -second PPV at Division sensitive receiver locations within 20 feet of adjacent residences. If the contractor can demonstrate that specific pieces of large construction equipment vibration levels of 0.4 inches -per -second PPV, then they shall be allowed to operate within the 20 -foot buffer zone. MM N-2 - 9 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 15 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 & Building Department prior to the commencement of construction. The Department, Planning Applicant shall be required to retain and compensate for the services of a Services Division tribal monitor/consultant who is both approved by the Gabrielefio 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 shall only be present on the project site during rough grading activities which are defined as any grading activity occurring at depths below four feet from the existing surface. The tribal monitor/consultant shall complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. On-site monitoring shall end when project site rough grading activities are completed. MM TCR -1 16 Unanticipated Discovery of Tribal Cultural and Archaeological planning and Building Resources. Upon discovery of any archaeological resources, construction Department, Planning activities shall be ceased in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project Services Division construction activities shall be evaluated by the qualified archaeologist and Tribal monitor/consultant approved by the Gabrielefio Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrielefio 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 - 10 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 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 PRIOR TO THE ISSUANCE OF BUILDING PERMITS l� Parcel Map No. 2019-165 shall be recorded and recordation document public Works, provided to the City of Anaheim. Development Services 18 Tract Map No. 19091 shall be recorded pursuant to the Subdivision Map public Works, Act and in accordance with City Municipal Code and a duplicate photo Development Services Mylar of the recorded map provided to the City Engineer's office. 19 Subject to prior approval by City Engineer, a cash -in -lieu payment based public Works, on the engineer's cost estimate, in an amount determined by the City Development Services Engineer, shall be paid to the City of Anaheim for future street widening along Magnolia Avenue. 20 Execute an agreement with the City of Anaheim to construct the new public Works, portion of City sewer in Magnolia Avenue and perform its operation and Development Services maintenance in perpetuity in accordance with City standards. The agreement shall also require the developer to indemnify the City for this new City sewer. The agreement shall be recorded and the recordation document provided to the City of Anaheim prior to the issuance of any building permits. 21 Obtain a connection permit from the Orange County Sanitation District public Works, (OCSD) for the new portion of City sewer in Magnolia Avenue. Development Services 22 Obtain a Right -of -Way Construction Permit (RCP) from the Development Services Division and post a security for construction of all required public Works, Development Services public improvements within street right-of-way. 23 Any/all existing easements in conflict with proposed buildings shall be public Works, abandoned and the abandonment document recorded. Development Services - 11 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 24 Provide a certificate from a Registered Civil Engineer certifying that the finished grading has been completed in accordance with the City approved Public Works, grading plan. Development Services 25 All site landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance Public Works, with the State of California Model Water Efficient Landscape Ordinance Development Services (AV 1881). 26 Prior to the issuance of the first building permit, street improvement plans public Works, Traffic shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Engineering 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. 27 Prior to commencement of structural framing, fire hydrants shall be Fire Department installed and charged as required and approved by the Fire Department. 28 Permanent, temporary, and phased emergency access roads shall be Fire Department designed and maintained to support an imposed load of 70,000 lbs. and surfaced to provide all-weather driving capabilities. 29 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 30 An automatic fire sprinkler system shall be designed, installed and Fire Department maintained in all structures as required by the Fire Department per NFPA- 13, 13R, or 13D. 31 A fire alarm system shall be designed, installed and maintained as required by the Fire Department per NFPA-72. Fire Department 32 Lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. Fire Department 33 A private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Public Utilities, Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering - 12- PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 34 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. 35 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. 36 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted through Water Engineering Division of the Anaheim Public Utilities Department. 37 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. Public Utilities Water Engineering. - 13 - PC2020-008 NO. -14- CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 38 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 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. 39 Water improvement plans shall be submitted to the Water Engineering Public Utilities, Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted Water Engineering with the City of Anaheim. 40 Individual water service and/or fire line connections will be required for each parcel or residential, commercial, industrial unit per Rule 18 of the Public Utilities, City of Anaheim's Water Rates, Rules and Regulations. Water Engineering 41 Applicant shall contact Water Engineering for recycled water system Public Utilities, requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Water Engineering 42 Prior to approval of permits for improvement plans, the property public Utilities, owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical Electrical Engineering panel drawings, site plans, elevation plans, and related technical drawings and specifications. 43 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 on the approved utility service plan. Electrical Engineering 44 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 45 During construction, grubbing, brushing, or tree removal shall be planning and Building conducted outside of the state identified nesting season for migratory birds (i.e., typically March 15 through September 1), if possible. If construction Department, Building activities cannot be conducted outside of nesting season, a Pre - Division Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three days prior to initiating construction activities. If active nests are found during the Pre- e- -14- PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT Construction Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. MM BI0-1: Nesting Migratory Birds. 46 Prior to issuance of building permits, the applicant shall be required to planning and Building demonstrate to the Planning Division and Building Division that building plans meet the applicable Title 24 Energy Efficiency Standards for Department, Residential and Nonresidential Buildings (California Code of Regulations Building Division [CCR], Title 24, Part 6). These standards are updated, nominally every three years, to incorporate improved energy efficiency technologies and methods. MM GHG-1 47 Prior to issuance of building permits, the applicant shall be required to planning and Building demonstrate to the Planning Services Division, that building plans meet the applicable California Green Building Standards (CalGreen) Code (24 Department, CCR 11). Building Division MM GHG-2 48 All construction activities should be limited to the hours between 7:00 planning and Building a.m. and 7:00 p.m. in compliance with AMC Section 6.70.0110. Department, Code Enforcement 49 The Applicant shall comply with the City of Anaheim provisions for park and recreational facilities (Anaheim Municipal Code § 17.34.010). Prior to planning and Building the issuance of a building permit for any dwelling unit or units, the Department, Applicant shall irrevocably offer to dedicate a portion of the land on which Planning Services said unit or units are located and pay a fee for the development thereof, or Division pay a fee in lieu of dedication and the development fee for the purpose of providing park and recreational facilities to serve the future residents of the unit or units; provided, however, that, for projects having 50 or fewer dwelling units, only the payment of the in -lieu fee shall be required. Upon the approval of the Director of the Community Services Department, the Applicant may irrevocably offer land other than the land on which the units are located. SC R-1 - 15 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 50 Should your development project need to be phased such that some parts of your project need to be occupied (temporarily or permanently) prior to Planning and Building final completion or final approval of the project in its entirety, plans Department, 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 personnel 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 from various City Departments. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 51 All public improvements shall be constructed by the developer, inspected and accepted by Construction Services prior to final building and zoning Public Works, inspection. Development Services 52 All remaining fees/deposits required by Public Works department must be paid in full. Public Works, Development Services 53 Set all Monuments in accordance with the final map and submit all Public Works, centerline ties to Public Works Department. Any monuments damaged as a result of construction shall be reset to the satisfaction of the City Development Services Engineer. 54 Prior to final building and zoning inspections, ADA compliant curb access ramps with truncated domes shall be constructed at the intersections with Public Works, the private streets on both sides of the private street in conformance with Development Services Public Works Standard Detail 111-3. 55 Prior to final building and zoning inspections, all required WQMP items Public Works, shall be inspected and operational. Development Services - 16 - PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 56 Prior to final building and zoning inspection, fire lanes shall be posted Public Works, Traffic with No Parking Any Time. Said information shall be specifically shown on plans submitted for building permits. Engineering 57 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works, Traffic parallel parking in the drive aisles. Red curb locations shall be clearly Engineering labeled on building plans. ON-GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 58 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. 59 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. 60 The church facility shall operate in accordance with the Letter of Planning and Building Operation submitted as part of the application. Any changes to the Department, facility's operation described in the Letter of Operation shall be subject to Planning Services review and approval by the Planning Director to determine substantial Division conformance with said letter and to ensure compatibility with the surrounding uses. The operation of the child care facility shall not conflict with Sunday services for the church. 61 Vehicle gates shall not be installed across the project driveways or access Public Works, Traffic roads as the site design does not allow any such gates to conform to City Engineering 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, gates shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. - 17- PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT GENERAL 62 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. 63 No public water main or public water facilities shall be installed in private alleys or paseo areas. public Utilities, Water Engineering 64 No public water mains or laterals allowed under parking stalls or parking lots. public Utilities, Water Engineering 65 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. public Utilities, Water Engineering 66 Any proposed changes to the Solid Waste Management Plan must be approved by the Public Works Department, Sanitation Division. public Works Operations, Streets & Sanitation 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 plans, etc. - 18- PC2020-008 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 68 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 issuance of the final invoice or prior to the issuance of building permits Department, 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. 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 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. 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 Department, manner in the event that it is removed, damaged, diseased and/or dead. Planning Services Division - 19- PC2020-008