Resolution-PC 2020-009RESOLUTION NO. PC2020-009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2019-06028 AND
MISCELLANEOUS CASE NO. 2019-00707
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. 2017-06028 to permit
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" 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 on a 3.27 -acre parcel (Lot 2 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 on an approximate 6.24 -acre lot 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. 2019-06028 and Miscellaneous Case No. 2019-
00707 are 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 a new church facility with childcare on a 2.97 -
acre parcel which is designated as Conditional Use Permit No. 2019-06027; (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.
Reclassification No. 2019-00322, Conditional Use Permit No. 2019-06027, Conditional Use
Permit No. 2019-06028, Miscellaneous Case No. 2019-00707, Tentative Parcel Map No. 2019-
165, and Tentative Tract Map No. 19019 shall be referred to herein collectively as 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
- I - PC2020-009
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. 2019-06028 will permit the reduction in interior building setbacks; and
WHEREAS, in consideration for providing housing affordable to moderate income
households, the applicant has requested certain development concessions and incentives, including
waivers or reductions of development standards, which the applicant has represented are necessary
to provide affordable housing costs; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for the proposed project; and
WHEREAS, a draft Mitigated Negative Declaration was prepared in accordance with
CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the
physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was
circulated for a 20 -day public/responsible agency review on 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, pursuant to Subsection .030 (Modification of Other Standards) of Section
18.06.160 (Residential Planned Unit Development), this Planning Commission, after due
consideration, inspection, investigation and study made by itself and in its behalf, and after due
consideration of all evidence and reports offered at said hearing, including the plans submitted by
the applicant, does hereby find and determine the following facts with respect to Conditional Use
Permit No. 2019-06028:
- 2 - PC2020-009
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" Multifamily Residential Zone.
2. 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;
3. New buildings or structures related to the Proposed Project are compatible
with the scale, mass, bulk, and orientation of existing structures in the surrounding area.
The proposed buildings are single-family attached at a density and scale that are compatible
with the surrounding single-family and multiple family residential land uses in the vicinity.
The proposed development will comply with all RM -3 development standards except for
the interior setback to the proposed church site, and building to building setback on the
project site itself. All building and landscape setbacks at the exterior of the site and abutting
existing residences will be met minimizing any massing impacts to the surrounding
neighborhoods.;
4. 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;
5. 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 west and to
the multiple family neighborhoods to the north and south;
6. 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
west, and to the multiple family residential projects to the north and south, and new
pedestrian paths throughout.
7. 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
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;
8. 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 common recreational
areas. The Proposed Project will not exceed the permitted density of 18 dwelling units per
gross acre under the Low -Medium Density Residential designation. The Proposed Project
will provide 10 units for moderate income families, but does not include a Density Bonus;
-3 - PC2020-009
9. The granting of the conditional use permit under the conditions imposed will
not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, the Planning Commission, 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 One concession and incentive is necessary to provide
six (6) 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 incentive is necessary to make the housing units economically
feasible: (i) a reduction in the minimum building to building setback requirement between
the buildings within the project site where 15 feet is proposed between the ends of the
buildings and a 40 -foot building to building setback 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 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 the Planning Commission does hereby
approve Conditional Use Permit No. 2019-06028, 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 the Property under Conditional Use Permit No. 2019-06028 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 maybe 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.
- 4 - PC2020-009
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 (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.
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.
a
CHAIIZFrIRSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2020-009
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 13"' day of April, 2020.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2020-009
EX111131T "A"
DEV NO. 2019-004146
ARN: 070-161-16
070-161-23
WN :STANLEY AVE
'1
s �ftL>150UCIR
W RUSSELL AVE
w
4y
J
0-�
�r
Z
L
W YALE AVE
/ too Source Recorded TracRy GiS
�C•� Pleasesole ttm arcura cy is +Jr aWimo to live @et
- 7 - PC2020-009
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2019-06028
MISCELLANEOUS CASE NO. 2019-00707
(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
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion
Development Services
control, slope easements and other pertinent information in accordance
with Anaheim Municipal Code and the California Building Code, latest
edition.
2
Prepare and submit a final drainage 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
The developer shall execute a Save Harmless Agreement with the City of
Anaheim for any storm drain connections to the City's storm drain system.
Public Works
The agreement shall be recorded by the applicant on the property prior to
Development Services
the issuance of any permits.
4
The owner shall obtain the required coverage under California's General
Permit for Stormwater Discharges associated with Construction Activity
Public Works,
by providing a copy of the Notice of Intent (NOI) submitted to the State
Development Services
Water Resources Control Board and a copy of the subsequent
notification of the issuance of a Waste Discharge Identification (WDID)
number.
5
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be available for
Public Works Development Services Division review upon request.
Development Services
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.II of the Orange County Drainage Area
Development Services
Management Plan (DAMP) for New Development/Significant
Redevelopment projects. The WQMP shall identify potential sources of
- 8 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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
address grading and any proposed infiltration features of the WQMP.
Development Services
8
The Owner/Developer shall submit a set of improvement plans for Public
Utilities Water Engineering review and approval in determining the
Public Works,
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.
c. All material transported off site will be either sufficiently watered
or securely covered to prevent excessive amounts of dust.
- 9 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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
requires manufacturers, distributors, and end-users of architectural and
planning and Building
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
planning and Building
occurring at depths below four feet from the existing surface, close
Department, Planning
monitoring should occur to quickly and professionally collect any
Services Division
specimens without impeding development and sediment samples should
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
of the area of discovery. The qualified professional shall evaluate the
significance of the finding and detennine the appropriate course of action.
If avoidance of the resource(s) is not feasible, salvage operation
_10- PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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
15
A Native American Monitor/Consultant shall be retained and a copy of the
executed contract shall be submitted to the City of Anaheim Planning &
planning and Building
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
- 11 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
tribal monitor/consultant who is both approved by the Gabrieleno Band of
Mission Indians-Kizh Nation Tribal Government and is listed under the
NAHC's Tribal Contact list for the project area. This list is provided by
the NAHC. The tribal monitor/consultant 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
activities shall be ceased in the immediate vicinity of the find until the find
Department, Planning
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 Gabrieleno Band of
Mission Indians-Kizh Nation. If the resources are Native American in
origin, the Gabrieleno Band of Mission Indians-Kizh Nation shall
coordinate with the Property Owner/Developer regarding treatment and
curation of these resources. Typically, the Tribe will request reburial or
preservation for educational purposes. Work may continue on other parts
of the project site while evaluation and, if necessary, mitigation takes place
(CEQA Guidelines Section 15064.5[fJ). If a resource is determined by the
qualified archaeologist to constitute a "historical resource" or "unique
archaeological resource," time allotment and funding sufficient to allow
for implementation of avoidance measures, or appropriate mitigation,
must be available. The treatment plan established for the resources shall
be in accordance with CEQA Guidelines Section 15064.5(0 for historical
resources and PRC Sections 21083.2(b) for unique archaeological
resources. Preservation in place (i.e., avoidance) is the preferred manner
of treatment. If preservation in place is not feasible, treatment may include
implementation of archaeological data recovery excavations to remove the
resource along with subsequent laboratory processing and analysis. Any
historic archaeological material that is not Native American in origin shall
be curated at a public, non-profit institution with a research interest in the
materials, such as the Natural History Museum of Los Angeles County or
the Fowler Museum, if such an institution agrees to accept the material. If
no institution accepts the archaeological material, they shall be offered to
a local school or historical society in the area for educational purposes.
MM TCR -2
- 12 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
17
Any/all existing easements that are shown/noted to be abandoned shall be
Public Works,
abandoned and the abandonment document recorded.
Development Services
18
Record Tract Map No. 19091 pursuant to the Subdivision Map Act and in
Public Works,
accordance with City Municipal Code. Exception: Permits for models
may be issued prior to recordation. Provide a duplicate photo Mylar of
Development Services
the recorded map 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
Engineer, shall be paid to the City of Anaheim for future street widening
Development Services
along Magnolia Avenue.
20
The developer shall execute an agreement with the City of Anaheim that
requires the developer to construct the new portion of City sewer in
Public Works,
Magnolia Avenue and perform its operation and maintenance in
Development Services
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
The developer shall obtain a connection permit from the Orange County
Sanitation District (OCSD) for the new portion of City sewer in Magnolia
Public Works,
Avenue. The developer shall pay all related permit fees.
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,
public improvements within street right-of-way.
Development Services
23
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
24
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).
-13 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
25
Prior to the issuance of a building permit, the applicant shall submit draft
Public Works,
Covenants Conditions and Restrictions (CC&Rs) that are prepared by an
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.
26
That prior to the issuance of the first building permit, street improvement
Public Works,
plans shall be submitted for all traffic related improvements adjacent to
the project site to the Public Works Department, Development Services
Traffic 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
Lockable pedestrian and/or vehicular access gates shall be equipped with
Knox devices as required and approved by the Fire Department.
Fire Department
- 14 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
32
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
33
Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-
537.5) as amended by Senate Bill 7, water submetering shall be furnished
Public Utilities,
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.
34
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,
unless approved by the Water Engineering and Planning Services
Water Engineering
Divisions. Any backflow assemblies currently installed in a vault will
Planning and Building
have to be brought up to current standards. Any other large water system
Department, Planning
equipment shall be installed to the satisfaction of the Water Engineering
Services
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.
35
All requests for new water services, backflow equipment, or fire lines, as
well as any modifications, relocations, or abandonments of existing water
Public Utilities,
services, backflow equipment, and fire lines, shall be coordinated and
Water Engineering
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
36
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.
-15 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
37
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.
38
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.
39
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
40
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
41
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.
42
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
43
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
44
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 -
Construction Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be
- 16- PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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.
45
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
46
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
Department,
the applicable California Green Building Standards (CalGreen) Code (24
CCR 11).
Building Division
MM GHG-2
47
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
48
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
- 17 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
49
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.
50
Buildings 5, 6, & 7 west facing 3rd floor bedroom windows shall be
limited in size consistent with current preliminary plan elevation designs.
planning and Building
Department,
Planning Services
Division
51
Enhanced landscaping shall be provided within the planter along the
planning and Building
western property line in areas congruent with proposed Buildings 5
Department,
through 7. Minimum 24" -box trees shall be planted between the parking
aisle curb and perimeter block wall in those areas.
Planning Services
Division
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
52
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
53
All remaining fees/deposits required by Public Works department must be
paid in full.
Public Works,
Development Services
54
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.
- 18 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
55
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.
56
Prior to final building and zoning inspections, all required WQMP items
Public Works,
shall be inspected and operational.
Development Services
57
That prior to final building and zoning inspection, fire lanes shall be posted
Public Works,
with "No Parking Any Time." Said information shall be specifically
Traffic Engineering
shown on plans submitted for building permits.
58
That curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works,
parallel parking in the drive aisles. Red curb locations shall be clearly
Traffic Engineering
labeled on building plans.
ON-GOING D URING PROJECT GRADING, CONSTR UCTION AND OPERATIONS
59
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.
60
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
61
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:
- 19 - PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
• 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.
62
No public water main or public water facilities shall be installed in private
alleys or paseo areas.
public Utilities,
Water Engineering
63
No public water mains or laterals allowed under parking stalls or parking
lots.
public Utilities,
Water Engineering
64
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
65
Vehicle gates shall not be installed across the project driveways or access
roads as the site design does not allow any such gates to conform to City
public Works,
of Anaheim Engineering Standard Detail 475 pertaining to gate set back
Traffic Engineering
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.
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.
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.
-20- PC2020-009
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
69
The Applicant shall defend, indemnify, and hold harmless the City and its
officials, officers, employees and agents (collectively referred to
planning and Building
individually and collectively as "Indemnitees") from any and all claims,
Department,
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
71
Prior to final map approval, the Developer shall execute and record against
the Property a Density Bonus Housing Agreement in a form and substance
Community and
acceptable to the Planning Director and the City Attorney, and if required
Economic
by the Density Bonus Housing Agreement, a declaration of covenants,
Development
conditions, and restrictions ("CC&R's") that sets forth the terms and
Department
conditions of approval of said Density Bonus. The Density Bonus
Housing Agreement/CC&R's shall be binding on the Developer and all
future owners and successors in interest thereof. The Density Bonus
Housing Agreement shall require the Density Bonus units to be offered
for sale to the initial buyer of the Density Bonus units at an affordable
housing cost to moderate income households and shall include the
requirement for an equity sharing agreement, whereby the initial buyer of
each Density Bonus unit shall enter into an agreement with the City
requiring each such initial buyer to pay to the City upon the initial resale
of each Density Bonus unit the City's proportional share of appreciation
in accordance with paragraph .0105 (For -Sale Housing) of subsection .010
(Approval) of Section 18.52.040 (General Density Bonus) of the Code.
-21 - PC2020-009