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RES-2020-057 RESOLUTION NO. 2020-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2019-06009 (DEV2019-00037) (1619, 1631, AND 1699 WEST LINCOLN AVENUE AND AN ADJACENT CITY-OWNED PARCEL WITH NO ADDRESS ASSIGNED) WHEREAS, the City Council of the City of Anaheim (the "City Council ") did receive a verified petition for Conditional Use Permit No. 2019-06009 to permit the construction of a 115- unit attached, single-family residential project with modified development standards, i.e., a reduction in the street, interior, and building-to-building setback requirements of the "RM-3.5" Multiple-Family Residential Zone, for that certain real property generally located at the northeast corner of Lincoln Avenue and Euclid Street and commonly referred to as 1619, 1631, and 1699 W. Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2019-06009 is proposed in conjunction with (i) General Plan Amendment No. 2019-00527 to re-designate the property from General Commercial to Mid Density Residential; (ii) Reclassification No. 2019-00320 to reclassify the property from the "C-G" General Commercial, "T" Transitional, and "I" Industrial" zones to the "RM-3.5" Multiple-Family Residential Zone, (iii) and a Tentative Tract Map No. 19017 to permit a 1-lot, 115 unit attached single-family residential subdivision of the Property for condominium purposes. General Plan Amendment No. 2019-00527, Reclassification No. 2019-00320, Conditional Use Permit No.2019-06009,Tentative Tract Map No. 19017,and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, attached single family dwelling development within the "RM-3.5" Multiple- Family Residential Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.160 (Residential Planned Unit Development). Pursuant to subsection .030 of Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.06.090 of Chapter 18.06 (Multiple- Family Residential Zones) may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2019-06009 will permit the reduction in street, interior, and building-to-building setback requirement of the "RM-3.5" Multiple-Family Residential Zone; and WHEREAS,the Property is approximately 7.17 acres in size. Two parcels within northern part of the project site are located in the"T"Transition zone and are currently vacant. The eastern parcel along Lincoln Avenue is located in"C-G" General Commercial zone and is currently used as a vehicle storage area. The western parcel along Lincoln Avenue is located in "I" Industrial zone and is currently developed with a cement manufacturing warehouse. The Anaheim General Plan designates the Property for General Commercial Residential land uses; and - 1 - WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act(herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration was prepared to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 30-day public/responsible agency review on February 20,2020,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, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project(herein referred to as "MMP No. 365"); and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b)of the CEQA Guidelines, (c)responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and(d)the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, 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 the Anaheim Municipal Code, to consider the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by its motion, pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 365, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 365; and WHEREAS, after due inspection,investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission, by motion, recommended that the City Council approve Conditional Use Permit No. 2019-06009, in the form presented at the meeting at - 2 - which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of(1) a resolution approving Tentative Tract Map No. 19017; (2) an ordinance approving and adopting Reclassification No. 2019-00320; and, (3) resolution approving and adopting General Plan Amendment No. 2019-00527; and WHEREAS, upon receipt of the Planning Commission's recommendation, the City Council did fix the 9th day of June, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, pursuant to Subsection .030 (Modification of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2019-06009: 1. The uses within the Project are compatible with the surrounding land uses; 2. New buildings or structures related to the Project are compatible with the scale,mass, bulk, and orientation of existing buildings in the surrounding area. The proposed buildings are single-family attached at a density and scale that is compatible with the surrounding commercial, light industrial, and multiple-family land uses in the vicinity; 3. Vehicular and pedestrian access are adequate because improvements to Lincoln Avenue and the project's ingress/egress will be constructed in accordance with City standards, along with installation of a new sidewalk and parkways adjacent to the street; 4. The Project is consistent with any adopted design guidelines applicable to the Property because the project has been designed to include quality architecture, sound attenuation, common recreational areas, and sufficient building setbacks and landscape screening from the adjacent commercial uses; 5. The size and shape of the site proposed for the Project is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area because the Project has been designed to include Code compliant parking and recreational areas, sufficient building and landscape setbacks from the adjacent commercial uses, and new pedestrian paths throughout the neighborhood; 6. The traffic generated by the Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the Traffic Study conducted for the Propose Project determined that there are no significant impacts to the surrounding roadways; 7. The Project will comply with the General Plan and zoning for the Property because the Project will provide for the development of a quality multiple-family living environment with - 3 - design amenities, such as private open space or common recreation areas. The permitted density range under the Mid Density Residential designation is from zero to 27 dwelling units per gross acre. The proposed project will have a density of 17 dwelling units per acre; 8. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim; and WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution,that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence,nor are there other facts,that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. BE IT FURTHER RESOLVED that,based upon the aforesaid findings and determinations, the City Council does hereby approve and adopt Conditional Use Permit No. 2019-06009, contingent upon and subject to: (1) the adoption by the City Council of(i) a resolution approving and adopting General Plan Amendment No.2019-00527,(ii)Reclassification No. 2019-00320 and (iii)Tentative Tract Map No. 19017, all of which entitlements are now pending; (2)the mitigation measures set forth in MMP 365, and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are .hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval maybe amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190(Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition,or any part thereof,be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. . BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 9th day of June , 2020,by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring, and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None CITYle F ANAHEIM IA I, .. 4 .� L A Y(i R %•f r Hit I ► i AHEIM ATTEST: - 1 CITY CLERK OF HE CITY OF ANAHEIM 137933 - 5 - EXHIBIT "A" DEV NO. 2019-00037 APN: 072-110-50 072-110-21 072-110-19 W _ N MANCHEsrth :fir Cr 26' ti 351 W W LINCOLN AVE u w cn I I o so ioo ® Source:Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is+/ two to five feet. - 6 - EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06009 (DEV2019-00037) NO CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT . Submit a fmal grading plan, prepared by a Registered Professional Engineer, Public Works showing building footprints, pad elevations, finished grades, drainage routes, Department, retaining walls, erosion control, slope easements and other pertinent information Development Services in accordance with Anaheim Municipal Code and the California Building Code, Division latest edition. 2 Submit a fmal drainage study, prepared by a Registered Professional Engineer, Public Works including supporting hydraulic and hydrological data to the City of Anaheim for Department, review and 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 Division 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 owner of the project site shall obtain the required coverage under California's Public Works General Permit for Stormwater Discharges associated with Construction Activity Department, by providing a copy of the Notice of Intent (NOI) submitted to the State Water Development Services Resources Control Board and a copy of the subsequent notification of the issuance Division of a Waste Discharge Identification(WDID)number. 4 Submit a Water Quality Management Plan (WQMP), prepared by a Registered Public Works Professional Engineer, to the City for review and approval. The WQMP shall be Department, consistent with the requirements of Section 7 and Exhibit 711 of the Orange Development Services County Drainage Area Management Plan (DAMP) for New Development/ Division Significant Redevelopment projects. 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. Submit one (1) hard copy, one (1) CD copy, and a plan checking deposit to the Public Works/Development Services for consideration and approval. 5 The owner or the developer shall submit a set of improvement plans for Public Public Utilities Utilities Water Engineering review and approval in determining the conditions Department, necessary for providing water services to the project Water Engineering Division - 7 - NO . CONDITIONS OF APPROVAL RESPONSIBLE _ _ ,. DEPARTMENT 6 MM AQ-1: The grading plans shall include a note indicating that the construction Public Works contractor(s) shall not overlap site preparation activities with demolition and Department, grading activities, and shall monitor the construction activities to ensure that the Development Services site preparation activities do not overlap with demolition and grading activities. Division Planning and Building Department, Planning Services Division 7 MM CUL-1 The grading plans shall include a note indicating that in the event Planning and Building that any evidence of cultural resources are discovered during ground-disturbing Department, activities, all work within the vicinity of the find shall stop until a qualified Planning Services archaeological consultant can assess the fmd and make recommendations.Project Division. Applicant shall not attempt excavation of potential cultural resources. If any evidence of cultural resources are discovered during ground-disturbing activities, the qualified archaeologist shall ensure that the Proposed Project complies with the following measures. a. Prior to any ground disturbance,the qualified archaeologist,or their designee, shall provide a worker environmental awareness protection (WEAP)training to construction personnel regarding regulatory requirements for the protection of cultural(prehistoric and historic) resources. As part of this training, construction personnel shall receive proper procedures to follow if unanticipated cultural resources are discovered during construction.Workers will have contact information and protocols to follow in the event of any inadvertent discoveries.The WEAP training can be in the form of a video or PowerPoint presentation. Printed literature(handouts)can accompany the training and given to new workers and contractors to avoid continuous training over the course of the construction. b. In the event that Project Applicant encounters unanticipated cultural material during any phase of project construction,all construction work within 50 feet(15 meters) of the find shall cease and the qualified archaeologist shall assess the fmd for importance. Construction activities may continue in other areas. If, in consultation with the City,the discovery is determined not to be important,work will be permitted to continue in the area. c. If the qualified archaeologist determines a resource to constitute a "historical resource"pursuant to CEQA Guidelines Section 15064.5(a) or has a"unique archaeological resource"pursuant to Public Resources Code Section 21083.2(g),the qualified archaeologist shall coordinate with the Project Applicant and the City to develop a formal treatment plan.The plan should serve to reduce impacts to the resources, and allow construction to proceed.The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f)for historical resources and Public Resources Code Section 21083.2(b)for unique archaeological resources.Preservation in place (i.e.,avoidance)is the preferred manner of treatment. - 8 - NO. CONDITIONS OF APPROVAL RESPONSIBLE_ DEPARTMENT d. 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. The Project Applicant shall provide any historic archaeological material that is not Native American in origin for curation at a public,nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. If no institution accepts the archaeological material, the Project Applicant shall donate the archaeological material to a local school or historical society in the area for educational purposes, as determined to be appropriate by the City of Anaheim. 8 MM GEO-1 The developer shall implement all recommendations in the Public Works approved Geotechnical Investigation report for the project during site preparation, Department, grading, and construction, and compliance with the approved Geotechnical Development Services Investigation shall be verified in the field by a qualified representative. The Division developer shall demonstrate to the City of Anaheim's Planning & Building Department and/or Public Works Department staff that all or equivalent recommendations in the Preliminary Geotechnical Investigation and Infiltration Testing for the Lincoln at Euclid Multifamily Development, City of Anaheim, California, prepared by LGC Valley, Inc. April 4, 2019, or any updates to that report have been incorporated into the Proposed Project's design and grading plans. 9 MM HAZ-1 The developer shall prepare and implement a Removal Action Planning and Building Workplan(RAW)for review and approval by the Department of Toxic Substances Department, and Control (DTSC). DTSC will review and provide comments to the RAW and Planning Services once these are satisfactorily addressed,the RAW will be considered DRAFT Final. Division The DRAFT Final RAW will be circulated for a 30-day public review and comments period.After the public comment period ends and any public questions and concerns are addressed, the RAW will be considered Final. The RAW shall include the following: a. A Soil Management Plan (SMP) to provide guidance concerning the proper monitoring, handling, segregation, stockpiling, dust control, testing, transport and disposal of potentially impacted soils, which may be encountered during development activities. b. Passive vapor intrusion mitigation systems (VIMS) below the building foundations, including a vapor barrier beneath the building slabs and perforated piping and vent risers to allow ventilation of soil vapor from beneath the buildings to the atmosphere. c. Recording of a land use covenant (LUC) as an institutional control to require that any changes in conditions (i.e., modifications of building slabs, new construction, etc.) be communicated to the Department of Toxic Substances and Control(DTSC), and that mitigation measures and subsurface conditions be communicated to future buyers and occupants. d. An Operation and Maintenance (O&M) Plan and O&M Agreement to facilitate inspection and maintenance of the mitigation systems and regular sampling of shallow monitoring soil vapor probes until such time as soil vapor PCE concentrations can be shown to be below DTSC threshold criteria. - 9 - NO CONDITIONS OF APPROVAL _ RESPONSIBLE The approved Final RAW shall be submitted to the Planning Services Division, and be implemented by the developer once City permits and entitlements are secured.The VIMS design drawings will be included into the building plan check package,which will be submitted to the City of Anaheim for review and approval prior to construction. At any point after the Final RAW is approved, the developer shall engage DTSC to negotiate the LUC and thereafter record it with the County of Orange. Additionally, an O&M Plan shall be prepared to define the number of soil vapor sampling probes at the project site,the frequency of sampling,the constituents of concern to be analyzed, and the frequency of reporting.The O&M Plan may also include an action level below which O&M sampling may be discontinued with DTSC approval. The O&M Agreement shall be negotiated between the Project Applicant and DTSC and shall be a legally binding document to implement the O&M Plan until such time that DTSC allows for its discontinuation. 10 MM TRAN-1 The Project Applicant shall prepare a site-specific construction Public Works worksite staging and traffic control plan and submit it to the Traffic Engineering Department, Division of the City of Anaheim Public Works Department for review and Traffic Engineering approval. This plan shall include such elements as the location of any potential Division partial lane closures, hours during which lane closures (if any) would not be allowed; local traffic detours(if any); and protective devices and traffic controls, such as barricades,cones,flag persons,lights,warning beacons,temporary traffic signals, and warning signs. It shall indicate that lane closures are permitted on Lincoln Avenue during construction between 8:30 AM and 3:30 PM, Mondays through Fridays. The Proposed Project will be required to comply with the City- approved plan measures. 11 MM TCR-1 The Project Applicant shall retain a Native American Planning and Building Monitor/Consultant and a copy of the executed contract shall be submitted to the Department, City of Anaheim Planning and Building Department.The Project Applicant shall Planning Services be required to retain and compensate for the services of a Tribal Division monitor/consultant who is both approved by the Gabrielefo Band of Mission Indians-Kizh Nation Tribal Government and is listed under the NAHC's Tribal Contact list for the Project Site.The Tribal monitor/consultant will only be present on-site during the construction phases that involve ground-disturbing activities. Ground disturbing activities are defined by the Gabrieleflo Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project area. The Tribal Monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified.The on-site monitoring shall end when the Project Site grading and excavation activities are completed, or when the Tribal Representatives and monitor/consultant have indicated that the Project Site has a low potential for impacting Tribal Cultural Resources. Upon discovery of any archaeological resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological resources unearthed by project construction activities shall be - 10 - NO. CONDITIONS._OF APPROVAL NO. DEPARTMENT evaluated by the qualified archaeologist and Tribal monitor/consultant approved by the Gabrieleiio 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 Project Applicant 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[f]).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 planestablished for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis.Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material,it shall be offered to a local school or historical society in the area for educational purposes. • PRIOR TO'THE ISSUANCE OF ANY PERMITS 12 The fmal map (Tract Map No. 19017) shall be submitted to and approved by the Public Works City of Anaheim Department of Public Works and the Orange County Surveyor Department, for technical review and that all applicable conditions of approval have been Development Services complied with and then shall be filed in the Office of the Orange County Recorder Division concurrently with the Subdivision Agreement and the Maintenance Covenant. 13 A Right of Way Construction Permit shall be obtained from the Development Public Works Services Division for all work performed in the public right-of-way. Department, Development Services Division 14 The applicable Citywide Sewer Impact Fee(Central Anaheim,Zone A) shall be Public Works paid to the City of Anaheim,in an amount established by the City Council Department, Ordinance/Resolution,prior to the issuance of a building permit. This fee will Development Services be used to fund sewer improvements within the area impacted by this project. Division Said fee shall be subject to adjustment by the City Council. 15 The applicable Citywide Storm Drain Impact Fee(Lincoln Ave) shall be paid to Public Works the City of Anaheim,in an amount established by the City Council Department, Ordinance/Resolution,prior to the issuance of a building permit. This fee will Development Services ' be used to fund sewer improvements within the area impacted by this project. Division Said fee shall be subject to adjustment by the City Council. 16 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking Public Works in the drive aisles. Red curb locations shall be clearly labeled on building plans. Department, Traffic Engineering Division - 11 - RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 17 The applicant shall submit draft Covenants Conditions and Restrictions(CC&Rs) Public Works that are prepared by an authorized professional for review and approval by the Department, City Engineer,Planning Director,and City Attorney,which will generally provide Traffic Engineering for the following: Division a. A requirement that residents shall use designated parking area, including & garages, only for the parking of vehicles. Planning and Building b. A provision that parking garages are subject to inspection by the Department, Association or City of Anaheim staff. Planning Services c. A provision that prohibits conversion of the"den"area into a bedroom in Division all units with such spaces; d. A provision that requires the homeowners/occupants to use commercially available filters with a Minimum Efficiency Rating Value(MERV)of 16 or higher and to follow the manufacturer specifications related to air filter replacement; e. 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; and f. 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. 18 Street improvement plans shall be submitted for all traffic related improvements Public Works adjacent to the project site to the Public Works Department, Development Department, Services Division for review and approval. These plans will show both sides of Development Services all streets and alleys adjacent to the property, including all driveways and utility Division installations, signing and striping. Plans shall show a minimum 100 foot long eastbound left turn pocket on Lincoln Avenue and a two lane exit on the main driveway per the approved traffic impact study. All improvements shall be installed and completed prior to the first final building and zoning inspection. 19 A bond shall be posted for all traffic related street improvements, including, but Public Works not limited to, directional signage, striping, and median islands as required for Department, said project. All improvements identified as required for the project opening shall Development Services be completed prior to final building and zoning inspection. Division 20 Final landscaping plans in compliance with all Code requirements shall be Planning and Building submitted for review and approval by the Planning Department. The said Department, landscaping plan must be in conformance with the City's Landscape Water Planning Services Efficiency Ordinance(Chapter 10.19)and the Zoning Code.Landscaping shall be Division installed prior to the final zoning inspection or issuance of a Certificate of Occupancy. 21 All signs shall comply with the Anaheim Municipal Code Section 18.44. Planning and Building Department, Planning Services Division 22 A final acoustical study, showing the project's compliance with the Section Planning and Building 18.40.090 of the Zoning Code, shall be submitted for review and approval by the Department, Planning Department. Planning Services Division - 12 - NO. CONDITIONS OF APPROVAL. RESPONSIBLE - • . - DEPARTMENT 23 The plans submitted for the building plan check shall show all sound reduction Planning and Building measures required by the final acoustical study (referenced in Condition #22). Department, Such measures may include,but not limited to, enclosures for the rooftop desk(if Planning Services any), masonry sound walls of certain height along all property lines, exterior Division walls, windows and doors with certain Sound Transmission Class (STC) rating, provision of mechanical ventilation, insulated doors with non-porous seals, utilization of permanently non-hardening sealant around perimeter of window frames, utilization of non-porous gaskets or wetherstripping for all window assemblies, airtight construction at all exterior walls with acoustical or other non- hardening sealant at floor plates, and utilization of door jamb and head gasketing and door bottom gasketing at entry doors to seal the solid core doors against weather and sound. 24 The plans submitted for building permit shall include a note that commercially Planning and Building available filters with a Minimum Efficiency Rating Value(MERV)of 16 or higher Department, and with a sorbent layer (e.g., activated carbon, carbon pleated, etc.) for the Planning Services& residential heating, ventilation, and air conditioning (HVAC) systems would be Building Divisions installed. 25 All above-ground utility devices including, but no limited to, electrical Planning and Building transformers,water backflow devices,gas,communications and cable devices,air Department, condition facilities, and etc., shall be located outside all required street setbacks Planning Services and screened. Location of such devices shall be shown on plans submitted for Division building permits.Plans shall also identify the specific screening treatment of each device (i.e. landscape screening, color of walls, materials, identifiers, access points,etc.)and shall be subject to the review and approval of all appropriate City departments. 26 All electrically operated gates (both pedestrian and vehicle gates) shall include Police Department installation of an electronic access system which allows for the use of a public safety radio frequency to open the gate 27 A private water system with separate water service for fire protection, domestic Public Utilities water,and irrigation shall be provided and shown on plans submitted to the Water Department, Engineering Division of the Anaheim Public Utilities Department. Water Engineering Division 28 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-537.5) Public Utilities as amended by Senate Bill 7, water submetering shall be furnished and installed Department, by the Owner/Developer and a water submeter shall be installed to each individual Water Engineering unit. Provisions for the ongoing maintenance and operation (including meter Division billing)of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 29 All backflow equipment shall be located above ground outside of the street Public Utilities setback area in a manner fully screened from all public streets and alleys. Any Department, backflow assemblies currently installed in a vault will have to be brought up to Water Engineering current standards. Any other large water system equipment shall be installed to Division 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. 30 All requests for new water services,backflow equipment, or fire lines, as well as Public Utilities any modifications, relocations, or abandonments of existing water services, Department, - 13 - NO. CONDITIONS OF APPROVAL RESPONSIBLE ...- ...backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Water Engineering Division of the Anaheim Public Utilities Department. Division 31 All existing water services and fire services shall conform to current Water Public Utilities Services Standards Specifications.Any water service and/or fire line that does not Department, meet current standards shall be upgraded if continued use is necessary or Water Engineering abandoned if the existing service is no longer needed.The Owner/Developer shall Division be responsible for the costs to upgrade or to abandon any water service or fire line. 32 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an Public Utilities easement for all large domestic above-ground water meters and fire hydrants, Department, including a five(5)-foot wide easement around the fire hydrant and/or water meter Water Engineering pad. (ii) a twenty(20)foot wide easement for all water service mains and service Division 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. 33 The Owner/Developer shall submit to the Public Utilities Department Water Public Utilities Engineering Division an estimate of the maximum fire flow rate and maximum Department, day and peak hour water demands for the project.This information will be used Water Engineering to determine the adequacy of the existing water system to provide the estimated Division water demands.Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates,Rules, and Regulations. 34 Water improvement plans shall be submitted to the Water Engineering Division Public Utilities for approval and a performance bond in the amount approved by the City Engineer Department, and form approved by City Attorney shall be posted with the City of Anaheim. Water Engineering Division 35 Applicant shall contact Water Engineering for recycled water system Public Utilities requirements and specific water conservation measures to be incorporated into the Department, building and landscape construction plans. Water Engineering Division 36 Prior to final approval of UWM water plan for the project, Owner/Developer Public Utilities shall determine location of the existing domestic water lines in Lincoln Avenue Department, and ensure minimum separation clearances between the existing water lines and Water Engineering proposed Lincoln Avenue median improvements are provided to the satisfaction Division of the City Engineer. 37 If fire sprinklers will be installed per NFPA 13R for multi-family dwellings,then Public Utilities separate service laterals/meters and backflow prevention devices shall be Department, provided for domestic water and fire protection. If fire sprinklers will be Water Engineering installed per NFPA 13D for single-family dwellings,the master meter serving Division the property shall be UL-listed residential fire meter(Hersey Model RFM,no - 14 - NO. - CONDITIONS OF APPROVAL RESPONSIBLE _ _ DEPARTMENT equals)for combined domestic water and fire protection for the residential units. It may require installation of multiple RFM meters(to be installed in Public Right of Way behind curb per City Standards) depending on the required domestic and fire sprinkler system demands as the largest size of a RFM meter available is 2 inches. Backflow prevention devices shall still be required behind setback line. 38 The property owner/developer shall coordinate with Electrical Engineering to Public Utilities establish electrical service requirements and submit electric system plans, Department, electrical panel drawings, site plans, elevation plans, and related technical Electrical Engineering drawings and specifications. Division 39 The plans submitted for the building plan check shall show the following: Fire Department a. Fire hydrants shall be installed and charged as required and approved by the Fire Department. b. Permanent, temporary, and phased emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to with concrete or asphalt. c. Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. d. Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. e. An automatic fire sprinkler system shall be designed, installed and maintained in all structures as required by the Fire Department per NFPA- • 13, 13D, or 13R. f. A fire alarm system shall be designed, installed and maintained as required by the Fire Department per NFPA-72 for 13 and 13R systems. g. Lockable pedestrian and/or vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. h. Record a use agreement satisfactory to the City Attorney's office for all parcels sharing fire protection equipment and associated appurtenances. 40 MM AQ-1: The building permit plans shall include a note indicating that the Public Works construction contractor(s) shall not overlap site preparation activities with Department, demolition and grading activities, and shall monitor the construction activities to Development Services ensure that the site preparation activities do not overlap with demolition and Division grading activities. & Planning and Building Department, Planning Services Division DURING GRADING AND CONSTRUCTION ACTIVITIES 41 MM HAZ-1 Any potentially impacted soils handled per the protocols and Public Works procedures of the SMP shall be reported and discussed with DTSC. Once Department, construction of structures begins, the engineer of record for the VIMS design(or Development Services someone working under their responsible charge) shall be on-Site for inspections Division during VIMS construction. After construction is completed, stamped as-builts & shall be prepared and submitted to DTSC,as part of a Removal Action Completion Planning and Building Report (RACR). The RACR may be specific to an individual building, set of Department, - 15 - NO. CONDITIONS OF APPROVAL RESPONSIBLE D PART - buildings, or the entire site,depending on the Project Applicant's preference, and Planning Services will certify that mitigation beneath the subject building(s) has(have) been Division implemented as per the requirements of the RAW. DTSC review and approval of the RACR is required, certifying that the building, set of buildings, or the Project Site have met the conditions of the RAW. This certification from DTSC shall be required prior to issuance of the Certificates of Occupancy by the City of Anaheim. 42 Construction contractor(s) shall not overlap site preparation activities with Public Works demolition and grading activities, and shall monitor the construction activities to Department, ensure that the site preparation activities do not overlap with demolition and Development Services grading activities. Division Planning and Building Department, Planning Services . Division PRIOR TO`THE'FINAL BUILDING AND ZONING INSPECTIONS 43 A cash-in-lieu payment based on the project engineer's cost estimate,in an amount Public Works determined by the City Engineer to be sufficient to pay for the future street Department, widening along Lincoln Ave.in compliance with City Standard 160-A,shall be Development Services paid to the City of Anaheim prior to fmal Building and Zoning inspection. Division 44 All public improvements shall be constructed by the developer,inspected and Public Works accepted by Construction Services prior to fmal building and zoning inspection. Department, Development Services Division 45 All remaining fees/deposits required by Public Works department must be paid in Public Works full. Department, Development Services Division 46 Set all Monuments in accordance with the fmal map and submit all centerline ties Public Works to Public Works Department.Any monuments damaged as a result of construction Department, shall be reset to the satisfaction of the City Engineer. Development Services Division 47 Prior to connection of electrical service,the legal owner shall provide to the City Public Utilities of Anaheim a Public Utilities easement with dimensions as shown on the approved Department, utility service plan. Electrical Engineering Division 48 Prior to connection of electrical service,the legal owner shall submit payment to Public Utilities the City of Anaheim for service connection fees. Department, Electrical Engineering Division 49 If the existing services are no longer needed,the services shall be cut and capped Public Utilities at the main and new services shall be installed per current City standards. Department, Water Engineering Division - 16 - NO. CONDITIONS OF APPROVAL- RESPONSIBLE 50 File Emergency Listing Card,Form APD-281,with the Police Department Police Department 51 A complex map shall be provided in electronic form to the Anaheim Police Police Department Department. 52 Post "No Trespassing 602(k) P.C." at the entrances of parking areas and other Police Department appropriate places (i.e. resident gathering points and access points, bicycle parking,etc.). Such signs must be at least 1'wide and 2'high in overall size,with white background and black 2"lettering. 53 All entrances to parking areas shall be posted with appropriate signs per 22658(a) Police Department C.V.C. to assist in removal of vehicles at the property owner's/homeowners association's request 54 MM HAZ-1 Submit the Certification from DTSC, which certifies that the Planning and Building building, set of buildings, or the project site have met the conditions of the RAW, Department, to the Planning Services Division,Planning and Building Department. Planning Services Division 55 Provide documentation that demonstrates that a disclosure was provided to the future Planning and Building residents/potential occupants during and before closing of escrow regarding the Department, following items: Planning Services a. Acknowledgment of the existing commercial and industrial uses adjacent to Division the project site and their potential impacts; b. Requirements to use commercially available filters with a Minimum Efficiency Rating Value(MERV)of 16 or higher and with a sorbent layer (e.g., activated carbon, carbon pleated, etc.) for the residential heating, ventilation, and air conditioning (HVAC) systems and to follow the manufacturer specifications related to air filter replacement; and c. Potential health hazards and the increased risk of exposure to diesel particulate matter(DPM)and total organic gases(TOGs)from the nearby emission sources when windows are open or when the resident turns off the heating,ventilation,and air conditioning(HVAC) system. 56 The developer shall provide a certification that commercially available filters with Planning and Building a Minimum Efficiency Rating Value(MERV) of 16 or higher and with a sorbent Department, layer (e.g., activated carbon, carbon pleated, etc.) for the residential heating, Planning Services& ventilation,and air conditioning(HVAC)systems were installed. Building Divisions ON-GOING DURING OPERATIONS 57 Any Graffiti painted or marked upon the premises or on any adjacent area under Police Department the control of the licensee shall be removed or painted over within 24 hours of being applied. 58 The Owner shall be responsible for restoring any special surface improvements, Public Utilities other than asphalt paving,within any right-of-way,public utility easement or City Department,Water easement area including but not limited to colored concrete, bricks, pavers, Engineering Division 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. - 17 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL. 59 A minimum of two connections to public water mains and water looping Public Utilities inside the project are required. Department,Water Engineering Division 60 The following minimum horizontal clearances shall be maintained between Public Utilities proposed water main and other facilities: Department,Water • 10-feet minimum separation(outside wall-to-outside wall) from sanitary Engineering Division sewer mains and laterals • 5-feet minimum separation from all other utilities,including storm drains, gas,and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities(e.g.water mains,fire hydrants, service laterals, meters,meter boxes,backflow devices,etc.): • 10 feet from structures, footings,walls, stormwater BMPs,power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 61 No public water main or public water facilities shall be installed in private alleys Public Utilities or paseo areas. Department,Water Engineering Division 62 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Department,Water Engineering Division 63 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and Building "Landscape and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner in the Planning Services event that it is removed, damaged,diseased and/or dead. Division 64 Trees shall be maintained in perpetuity and in good health along the northerly Planning and Building property line to provide adequate screening and privacy from adjacent property, Department, in accordance with the approved landscape plan. Planning Services Division 65 Conditions of approval related to each of the timing milestones above shall be Planning and Building prominently displayed on plans submitted for permits. For example, conditions of Department, approval that are required to be complied with prior to the issuance of building Planning Services permits shall be provided on plans submitted for building plan check. This Division requirement applies to grading permits,final maps,street improvement plans,water and electrical plans,landscape irrigation plans,security plans,parks and trail plans, and fire and life safety plans,etc. 66 The applicant is responsible for paying all charges related to the processing of this Planning and Building discretionary case application within 30 days of the issuance of the fmal invoice Department, or prior to the issuance of building permits for this project, whichever occurs Planning Services first. Failure to pay all charges shall result in delays in the issuance of required Division permits or may result in the revocation of the approval of this application. - 18 - NO - CONDITIONSOF APPROVAL RESPONSIBLE DEPARTMENT. 67 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials,officers,employees and agents(collectively referred to individually and Department, collectively as "Indemnitees") from any and all claims, actions or Planning Services proceedings brought against Indemnitees to attack, review, set aside, void, or Division annul the decision of the Indemnitees concerning this 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. - 19 - CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-057 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 9th day of June, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Kring and O'Neil NOES: Council Member Moreno ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of June, 2020. CITY CLE'K OF THE CITY OF ANAHEIM (SEAL)