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RES-2020-129 RESOLUTION NO. 2 0 2 0-12 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2019-06040 (DEV2019-00087) (1122 NORTH ANAHEIM BOULEVARD) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for Conditional Use Permit No. 2019-06040 to permit the construction of a residential development consisting of 269 residential units (apartments) with a 1,600 square-foot leasing office and a parking structure, with modified development standards, i.e., a reduction in the street setback requirements, building to building setbacks, and maximum structural height of the "MU" Mixed-Use Overlay Zone, on that certain real property located at 1122 North Anaheim Boulevard 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. 2019-06040 is proposed in conjunction with (i) Reclassification No. 2018-00316 to reclassify the property to apply "MU" Mixed-Use Overlay zone over the existing "I" Industrial zone, and (ii) approval of a Development Agreement No. 2020-00003 to provide the Developer a vested right to develop the Project in accordance with Reclassification No. 2018-00316 and Conditional Use Permit No. 2019-06040 for the term of the Development Agreement, and in return the developer would provide funding for City's affordable housing programs. Reclassification No. 2018-00316, Conditional Use Permit No. 2019-06040, Development Agreement No. 2020-00003, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, a residential development within the "MU" Mixed-Use Zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .120 of Section 18.32.030 (Uses). Pursuant to Section 18.32.050 (Building Heights), the maximum building height requirements set forth in 18.32.050 (Building Heights), and Subsection .020 of Section 18.32.070 (Building Setbacks), the minimum setbacks set forth in Section 18.32.070 (Building Setbacks) of Chapter 18.32 (Mixed-Use Overlay Zone) 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.2019-06040 will permit the reduction in maximum height requirements, street setback, and building to building setback requirements of the "MU" Mixed- Use Overlay Zone; and WHEREAS, the Property is approximately 4.5 acres in size, and is currently developed with an automobile tow yard facility. The project site is located in the "I" Industrial zone, and is designated for Mixed-Use High land uses by the General Plan; 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code - 1 - of Regulations; 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 August 6, 2020, and was made available for review on the City's website at www.anaheim.net. On March 16,2020,the Anaheim City Council approved a resolution proclaiming the existence of a local emergency regarding Novel Coronavirus (COVID-19), and in conjunction with this action closed the City Hall and the Public Libraries to public access. Therefore the IS/MND was not available in these locations,but was made 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. 373"); 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, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing in the City of Anaheim on September 14,2020 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 (Procedures) of the Code, to hear and consider evidence for 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,but prior in time to,the adoption of this Resolution and 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. - 2 - 373, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 373; 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. 2019-06040, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of(1)an ordinance approving Development Agreement No. 2020-00003; and (2) an ordinance approving and adopting Reclassification No. 2018-00316; and WHEREAS,upon receipt of Planning Commission recommendation,made by motion,the City Council did fix the 27 day of Oct ,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 .020 (Modifications) of Section 18.32.070 (Building Setbacks), 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. 2019-06040: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code as the Mixed-Use High General Plan designation allows for residential development of this type; 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located as the project was carefully designed to take into consideration the surrounding land uses and to ensure that the project would be compatible these land uses; 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use,in a manner not detrimental to either the particular area or health and safety as the project meets the density allowed in the Mixed Use High General Plan land use designation; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, if any, 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 - 3 - 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. 2019-06040, contingent upon and subject to: (1)the adoption by the City Council of(i)an ordinance approving and adopting Reclassification No. 2018-00316 and (ii) an ordinance approving Development Agreement No. 2020-00003, all of which entitlements are now pending; (2) the mitigation measures set forth in MMP 373, and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190(Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition,or any part thereof,be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 4 - THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 27 day of October , 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 CI OF ANAHEIM Ai11 . , IA,.. ., A' 1`' a TEI •F• AHEIM ATTEST: CITY CLERK OF HE CITY OF ANAHEIM - 5 - EXHIBIT "A" DEV NO. 2019-1)0087 S. APN: 035-010-51 W CAR& KARCHER WAY .■ 0 56Q 4 560' 2 4Q 411 4, 4A 4,44 ICSITTN\ W LA PALMA AVE E LA PALMA AVE f, v Source Recorded Tat Mops sndlor 0ty CIS PleOse note Ira accuracy i H-too to wW bat - 6 - EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2019-06040 (DEV2019-00087) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, Public Works finished floor and pad elevations, finished grades, drainage routes, Department, retaining walls, erosion control, slope easements and other pertinent Development Services information in accordance with Anaheim Municipal Code and the Division California Building Code, latest edition. 2 The final Water Quality Management Plan(WQMP)shall be submitted for Public Works review and approval to Public Works Development Services Division and Department, comply with the most current requirements of the Orange County Drainage Development Services Area Management Plan(DAMP). The WQMP shall be consistent with the Division requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ 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. 3 Prepare and submit a final drainage study, including supporting Q10, Q25, Public Works and Q100 hydraulic and hydrological data to the City of Anaheim for Department, review and approval. No offsite run-off shall be blocked during and after Development Services grading operations or perimeter wall construction. The Final Drainage Division Report shall demonstrate that the overall site post-development storm event run-off shall be less than or equal to the overall site existing pre- development storm event run-off for each watershed and that the proposed building structures and basement(s),if any, shall be flood protected. Finish floor elevations shall be 1-ft. minimum above the 100-year, 24 hour event water surface elevation. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. Run-off shall not be diverted and any proposed improvements shall prevent downstream properties from becoming flooded. The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. In addition, the plans shall show that all concentrated flow shall be contained within an approved drainage device, preserve the existing flows, and manner drainage is - 7 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT conveyed downstream. Any inlets in sump condition shall be designed to capture Q25 and a secondary emergency outlet for the sump condition is required to provide a minimum of 1-ft. freeboard between the maximum water surface elevation and minimum finish floor elevation. The emergency outlet must direct overflows to either an adequate downstream street or natural conveyance system. 4 Submit a detailed Geotechnical Report to the Public Works Development Public Works Services Division for review and approval. Department, Development Services Division 5 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer. Department, Development Services Division 6 Prior to issuance of the grading permit and right-of-way construction Public Works permit for the storm drain and sewer, whichever occurs first, a Save Department, Harmless agreement in-lieu of an Encroachment Agreement is required to Development Services be executed, approved by the City and recorded by the applicant on the Division property for any private storm drains connecting to a City storm drain. 7 All existing structures in conflict with the future buildings shall be Public Works demolished. The developer shall obtain a demolition permit from the Department, Building Division prior to any demolition of vertical structures. Development Services Division 8 The applicant shall demonstrate that coverage has been obtained under Public Works California's General Permit for Stormwater Discharges Associated with Department, Construction Activity by providing a copy of the Notice of Intent (NOI) Development Services submitted to the State Water Resources Control Board and a copy of the Division subsequent notification of the issuance of a Waste Discharge Identification (WDID)Number. 9 The applicant shall prepare and implement a Stormwater Pollution Public Works Prevention Plan(SWPPP). A copy of the current SWPPP shall be kept at Department, the project site and be available for City review on request. Development Services Division - 8 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 LU-1 Prior to approval of the first tentative tract map, the Project Public Works Applicant shall complete the following to the satisfaction of the Department, Public Works Department: Development Services • The Project Applicant shall determine and develop cost estimates Division of the right-of-way and construction costs of improvements needed at Project Opening Year to install a Traffic Signal at Anaheim Boulevard and Carl Karcher Way, as described in The Invitation (formerly known as Renaissance Apartments) Traffic impact Analysis prepared by Urban Crossroads and dated July 2020. • The Project Applicant shall submit said information to the Public Works Department for review and approval. The Project Applicant shall pay an appropriate fair share of the above mentioned cost estimate to install a traffic signal at the Anaheim Boulevard/Carl Karcher Way intersection to the Public Works Department. 1 l TRAN-1 Prior to any construction work, the Project Applicant shall Public Works prepare a site-specific construction worksite staging and traffic control plan Department, and submit it to the Traffic Engineering Division of the City of Anaheim Traffic Engineering Public Works Department for review and approval. This plan shall include Division such elements as the location of any potential partial lane closures, hours during which lane closures (if any) would not be allowed; local traffic detours (if any); 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 Anaheim Boulevard 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. 12 The Owner/Developer shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in determining the Department, conditions necessary for providing water service to the project. Water Engineering Division 1 3 AQ-1 Prior to issuance of any demolition or grading permit, the Project Planning and Building Applicant shall submit evidence to the Planning and Building Department Department, showing compliance with SCAQMD Rule #403. The evidence shall Building Services demonstrate that the construction bid specifies that exposed ground Division surfaces and disturbed areas shall be watered a minimum of three times per day during construction activities that include grading to minimize fugitive dust. This evidence shall include notes on all construction plans, clearly showing the watering requirement to control fugitive dust, or as otherwise deemed as appropriate by the Planning and Building Director. - 9 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 CUL-1 Prior to issuance of Grading or Building Permits, the Project Planning and Building Applicant shall provide a note on plans submitted to the Planning and Department, Building Department indicating that in the event that the Project Applicant Building Services discovers any evidence of cultural resources during ground-disturbing Division activities, all work within the vicinity of the find shall stop until a qualified archaeological consultant can assess the find and make recommendations. The Project Applicant shall not attempt excavation of potential cultural resources. If the Project Applicant discovers any evidence of cultural resources during ground-disturbing activities, the qualified archaeologist shall ensure that the Proposed Project complies with the following measures. • 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 there is the discovery of unanticipated cultural resources 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. The training may include printed literature (handouts) distributed to new workers and contractors to avoid continuous training over the course of the construction. • In the event that the 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 find 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. • If the qualified archaeologist determines a resource to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a)or 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. - 10 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • if the qualified Archaeologist makes the determination that preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource and subsequent laboratory processing and analysis. • The Project Applicant shall offer 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 appropriate by the City. 15 HAZ-1 Any project-related hazardous materials and hazardous wastes will Planning and Building be transported to and/or from the Project Site in compliance with applicable Department, state and federal requirements, including the US Department of Building Services Transportation regulations listed in the Code of Federal Regulations (Title Division 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. 16 HAZ-2 Any project-related hazardous waste generation, transportation, Planning and Building treatment, storage, and disposal will be conducted in compliance with the Department, Subtitle C of the Resource Conservation and Recovery Act (Code of Building Services Federal Regulations, Title 40, Part 263), including the management of Division nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. 17 N-1 Prior to any permit issuance, the Project Applicant shall specify in Planning and Building the construction note and ensure that a static roller in lieu of a vibratory Department, roller shall be used during paving activity within 20 feet of nearby Building Services structures. Division 18 GEO-1 Prior to issuance of demolition, grading and building permits, the Planning and Building Project Applicant shall demonstrate on plans submitted to the Public Works Department, Department, to the satisfaction of the City Engineer, that during site Planning Services preparation, grading, and construction the Proposed Project a from the Division "Geotechnical Exploration, Proposed Multi-Family Residential Development Project, 1122 N. Anaheim Boulevard, City of Anaheim, Public Works California," prepared by Leighton and Associates, Inc. (September 24, Department, 2019), or any updates to that report. Compliance with the approved Development Services Geotechnical Exploration shall be verified in the field by the Engineer of Division Record. - 11 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 TCR-1 Prior to the issuance of grading permits,the Project Applicant shall Planning and Building retain a Native American monitor/consultant and submit a copy of the Department, executed contract to the City of Anaheim Planning and Building Planning Services Department. The tribal monitor/consultant will only be present on-site Division during the construction phases that involve ground-disturbing activities. Ground-disturbing activities are defined by the Gabrieleno Band of Mission Indians - Kizh Nation as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching within the project area. The tribal monitor/consultant will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities,locations,soil,and any cultural materials identified. The on-site monitoring shall end when the Project Site grading and excavation activities are completed, or when the tribal representatives and monitor/consultant have indicated that the Project Site has a low potential for affecting tribal cultural resources. Upon discovery of any archaeological resources, construction activities shall cease in the immediate vicinity of the find until a qualified archaeologist and/or tribal monitor/consultant can assess the find. The evaluation of all archaeological resources unearthed by project 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 Gabrielefio 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. The Project Applicant may continue work on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). If a qualified archaeologist determines a resource to constitute a "historical resource" or "unique archaeological resource,"time allotment and funding sufficient to allow for implementation of avoidance measures or appropriate mitigation must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Section 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. The Project Applicant shall be responsible for ensuring that a public, nonprofit 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, curate any historic archaeological material that is not Native American in origin. If no institution accepts the - 12 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT archaeological material,the Project Applicant shall offer it to a local school or historical society in the area for educational purposes. 20 HAZ-3 Any project-related underground storage tank(UST)removals will Anaheim Fire and be conducted in accordance with the California UST Regulations(Title 23, Rescue Department, Chapter 16 of the California Code of Regulations). Any unauthorized Hazardous Materials release of hazardous materials will require release reporting, initial Section abatement, and corrective actions that will be completed with oversight from the Regional Water Quality Control Board, Department of Toxic Substances Control, Anaheim Fire and Rescue's Hazardous Materials Section, South Coast Air Quality Management District and/or other regulatory agencies, as necessary. 21 HAZ-4 Prior to the issuance of building permits, the Project Applicant Anaheim Fire and shall remove the 20,000-gallon diesel underground storage tank Rescue Department, (UST) and pipelines abandoned in-place on the south side of the Hazardous Materials truck freight shop under the oversight of the Anaheim Fire and Section Rescue(AFR). This work shall consist of the following: • Obtain a UST removal permit from the AFR; • Notify AFR to inspect and schedule an inspection; • Remove soil from above the UST sufficiently to allow access to the tank top for verification of the tank contents (assumed to be concrete slurry); • Excavate and stockpile soil surrounding the UST, collect soil samples for profiling(either for onsite reuse or offsite disposal); • Remove the UST (may require cutting tank and slurry loading/disposal); • Collect any required confirmation soil samples from beneath the UST for laboratory analysis as directed by the AFR inspector; • Submit documentation of UST Removal to AFR for issuance of a UST Closure letter; and Compile soil sampling results for inclusion into a larger report documenting the condition of all onsite soil and requesting a closure from the Regional Water Quality Control Board. 22 HAZ-5 Prior to the issuance of building permits, the Project Applicant Anaheim Fire and shall receive a No Further Action from the Regional Water Quality Rescue Department, Control Board (RWQCB) by taking the following steps to remove Hazardous Materials the Total Petroleum Hydrocarbons (TPH)-impacted soil from two Section areas: 1) approximately 50 cubic yards of impacted soil with - 13 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT concentrations up to 13,120 milligram per kilogram (mg/kg) to a maximum depth of 10 feet below ground surface(bgs)in the vicinity of the former dispenser island in the truck freight shop, and 2) approximately 36 cubic yards of impacted soil with concentrations up to of 4,100 mg/kg at depths of 2.5 and 5 feet bgs in the vicinity of the oil/water separator on the north side of the truck freight shop: • Prepare a Work Plan for the excavation and offsite disposal of soil with concentrations in excess of Residential Use Screening Levels promulgated and accepted by Cal EPA and the Regional Water Quality Control Board (RWQCB); • Meet with RWQCB to present the Work Plan and to discuss site redevelopment plans and facilitate rapid review and approval of the Work Plan; • Following RWQCB approval and start date notification,excavate impacted soil from both areas, either stockpiling or directly loading the removed soil for proper offsite disposal; • Collect confirmation soil samples specified in the Work Plan for laboratory analysis; and. Compile all site soil sample results for inclusion in a Remedial Excavation Report documenting the condition of remaining onsite soil and request a No Further Action Letter from the RWQCB. PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS 23 The developer shall pay all applicable development impact fees required Public Works under the Anaheim Municipal Code. Department, Development Services Division 24 After the grading permit is issued and once the pad grading is completed, Public Works the following items must be submitted (to the Public Works Engineering Department, Front Counter) for review and approval: Development Services Division a. Any revisions to the original grading plan related to the building pad. b. Two (2) copies of the interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report needs to include a site plan showing the compaction testing locations. c. The original and two (2) copies of a letter of certification for the building pads from theproject's Civil Engineer of Record - 14 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT using City's Exhibit D, which can be found at: http://www.anaheim.net/DocumentCenter/View/207 At the time the required items indicated above are submitted, the PW permit technician will schedule a pad certification verification inspection for the next available business date with the Public Works Inspector. Once the Public Works Inspector approves the pad verification inspection and the submitted documents are reviewed and approved, then the Building Permit will be signed off by Public Works Development Services if all comments on the building plans have already been addressed. 25 The developer shall submit street improvement plans and post a security Public Works (Performance, Labor & Materials Bonds, Storm Drain Maintenance) in an Department, amount approved by the City Engineer and in a form approved by the City Development Services Attorney for the construction of all required off-site and public Division improvements within the City street right of way of Anaheim Blvd. Improvements shall conform to City of Anaheim Public Works requirements, approved WQMP, latest adopted City Standard 160-A, approved traffic study requirements,and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site. These plans will show both sides of all streets adjacent to the property,including all driveways,utility installations,traffic signal modifications, signing and striping, and all other required offsite work. The entire street shall be repaved from edge of new gutter to street centerline due to the number of utility cuts for the utilities that will serve this development and due to the deteriorated condition of the street. All improvements shall be installed and completed prior to the first final building and zoning inspection. 26 Developer shall be responsible for any required utility relocations to Public Works accommodate the street widening and any utility relocation shall be in Department, conformance with the pertinent Public Utility requirements, standards, and Development Services permits. Division 27 All Landscape plans shall comply with the City of Anaheim adopted Public Works Landscape Water Efficiency guidelines. This ordinance complies with the Department, State of California Model Water Efficient Landscape Ordinance (AB Development Services 1881). Division 28 Parkway landscaping, curb adjacent is required. Planting Species within Public Works the parkway shall match the planting species installed within the frontage Department, of Anaheim Blvd. within the frontage of the La Palma Village project. Development Services Division 29 Coordination, as necessary, with the neighboring properties will be Public Works required during the street widening work. Department, Development Services Division - 15 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 30 The public catch basins that will be relocated as part of the street widening Public Works and any new catch basins shall have full capture screens and automatic Department, screens on the curb surface(ARS and CPS). Development Services Division 31 Comply with all applicable requirements of the Anaheim Municipal Code. Public Works Department, Development Services Division 32 The legal property owner shall submit an application for a Subdivision Map Public Works Act Certificate of Compliance to the Public Works Department, Department, Development Services Division. The Certificate of Compliance shall be Development Services approved by the City Surveyor and recorded in the Office of the Orange Division County Recorder prior to issuance of a building permit (excluding demolition). 33 Plans shall be submitted showing stop control for driveway off Anaheim Public Works Blvd. Department, Traffic Engineering Division 34 Prior to the issuance of the first building permit, the applicable Citywide Public Works Traffic Impact Fee or Fair Share Contribution, whichever is greater, shall Department, be paid by the property owner/developer to the City of Anaheim to fund Traffic Engineering traffic and transportation improvements within the area impacted by this Division project. The Citywide Traffic Impact Fee shall be paid in an amount established by the City Council Ordinance/Resolution. The Fair Share Contribution shall be 27.2% of the total improvement cost estimate cost, right-of-way and construction costs, to install a traffic signal at the intersection of Anaheim Boulevard and Carl Karcher Way, as identified in the Invitation Traffic Impact Analysis, Urban Crossroads, July 7, 2020. Prior to submitting the Fair Share Contribution, the property owner/developer shall determine and develop cost estimates of the right- of-way and construction costs of improvements needed at Project Opening Year, and submit to the City for review and approval. 35 Construct a 5-foot-high enclosure (as measured from the finished floor of Planning and Building the roof)at the roof terrace at the southwest corner of the Project Site facing Department, Anaheim Boulevard. Materials for the enclosures may include solid Planning Services masonry,plexiglass, 1/4-inch-thick glass,stucco veneer over wood framing Division or foam core, or a combination of these barrier types. The barrier shall be continuous from bottom to top, with no cracks or gaps. 36 Provide mechanical ventilation so that windows may be left closed by Planning and Building occupants. This can be achieved passively with z-ducts, fresh air ducts or Department, approved equal. Building Services Division 37 Exterior walls shall meet a Sound Transmission Class (STC) rating of at Planning and Building least 46. Department, - 16 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Building Services Division 38 Windows and sliding glass doors shall meet the STC ratings shown in Planning and Building Figures 2 through 4 of the Acoustical Study(Title 24 Acoustical Analysis Department, for The Invitation Development Project -Development Project No. Building Services DEV2019-00087) to meet the CBC Title 24 interior noise limit of 45 dBA Division CNEL. Unless specified, all windows and sliding glass doors shall be rated STC 26 (assumed to be standard dual pane windows required per Title 24 energy standards)or higher. 39 All entry doors shall be insulated against weather and sound with non- Planning and Building porous seals. Caulk entry door thresholds as they are placed. Department, Building Services Division 40 Use permanently non-hardening sealant around perimeter of window Planning and Building frame. Department, Building Services Division 41 Window assemblies shall be constructed with effective non-porous gaskets Planning and Building or weatherstripping to minimize air infiltration and sound leakage. Department, Building Services Division 42 Provide airtight construction at all exterior walls with acoustical or other Planning and Building non-hardening sealant at floor plates. Department, Building Services Division 43 Use door jamb and head gasketing and door bottom gasketing at entry doors Planning and Building to seal the solid core doors against weather and sound. Department, Building Services Division 44 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided and shown on plans submitted to the Department, Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering Division 45 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- Public Utilities 537.5) as amended by Senate Bill 7, water submetering shall be furnished Department, and installed by the Owner/Developer and a water submeter shall be Water Engineering installed to each individual unit. Provisions for the ongoing maintenance Division 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. 46 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. Department, Any backflow assemblies currently installed in a vault will have to be Water Engineering brought up to current standards. Any other large water system equipment Division - 17 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 47 All requests for new water services, backflow equipment, or fire lines, as Public Utilities well as any modifications, relocations, or abandonments of existing water Department, services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted through Water Engineering Division of the Anaheim Public Division Utilities Department. 48 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 Department, does not meet current standards shall be upgraded if continued use is Water Engineering necessary or abandoned if the existing service is no longer needed. The Division Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 49 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 Department, 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 Division 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. 5() The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and Department, maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water Division system to provide the estimated 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. 51 Water improvement plans shall be submitted to the Water Engineering Public Utilities Division for approval and a performance bond in the amount approved by Department, the City Engineer and form approved by City Attorney shall be posted with Water Engineering the City of Anaheim. Division - 18 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 52 Applicant shall contact Water Engineering for recycled water system Public Utilities requirements and specific water conservation measures to be incorporated Department, into the building and landscape construction plans. Water Engineering Division 53 Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to establish Department, electrical service requirements and submit electric system plans, electrical Electrical Engineering panel drawings, site plans, elevation plans, and related technical drawings Division and specifications. 54 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 Department, on the approved utility service plan. Electrical Engineering Division 55 Prior to connection of electrical service, the legal owner shall submit Public Utilities payment to the City of Anaheim for service connection fees. Department, Electrical Engineering Division PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 56 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works parking in the drive aisles. Red curb locations shall be clearly labeled on Department, building plans. Traffic Engineering Division 57 Fire lanes shall be posted with "No Parking Any Time." Said information Public Works shall be specifically shown on plans submitted for building permits. Department, Traffic Engineering Division 58 A stop sign shall be installed and stop legend shall be painted on the driveway Public Works prior to final building and zoning inspection. Subject property shall Department, thereupon be developed and maintained in conformance with said plans. Traffic Engineering Division 59 Prior to Final Building and Zoning Inspections,the property owner/developer Public Works shall execute and record with the Orange County Recorder an=subordinated Department, declaration of Covenants Conditions and Restrictions (CC&Rs) to run with Traffic Engineering the land, satisfactory to the City Engineer, Planning Director, and City Division Attorney, which restricts the installation of vehicle gates across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, an amendment to the CC&R's approved by the City Engineer, Planning Director and the City Attorney's office and recorded. Gates, if any, shall comply with the current - 19 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. 60 All required on-site Water Quality Management Plan, sewer, storm drain, Public Works public right of way, and street improvements shall be completed, Department, operational, and are subject to review and approval by the Construction Development Services Services Inspector Division 61 All remaining fees/deposits required by Public Works department must be Public Works paid in full. Department, Development Services Division 62 The developer shall improve Anaheim Boulevard per the latest City of Public Works Anaheim Public Works requirements, approved traffic study requirements, Department, and as approved by the City Engineer. All public improvements shall be Development Services constructed by the developer, inspected and accepted by Construction Division Services. 63 Record Drawing Plans shall be submitted for review and approval to the Public Works Department of Public Works,Development Services Division. Department, Development Services Division 64 Owner/Developer shall install an approved backflow prevention assembly Public Utilities on the water service connection(s) serving the property, behind property Department, line and building setback in accordance with Public Utilities Department Water Engineering Water Engineering Division requirements. Division 65 In order to facilitate the efficient and rapid access by emergency vehicles Police Department and personnel, all electrically operated gates providing emergency vehicle access to any residential facility/community development with more than 20 residential units, or when otherwise required by the Chief of Police or his designated representative, shall include the installation of an electronic access system which allows for the use of a public safety radio frequency to open the gate. 66 Rooftop address numbers for the police helicopter. Minimum size 4' in Police Department height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. A map of the complex shall be provided in electronic form to the Anaheim Police Department. 67 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots/structures and located in other appropriate places(i.e.,Resident gathering points and access points,bicycle parking,etc.)Signs must be at least 12"wide x 24"high in overall size,with white background and black 2"lettering. - 20 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 68 All entrances to parking areas should be posted with appropriate signs per Police Department 22658(a) C.V.C. to assist in removal of vehicles at the property owner's/manager's request. 69 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 70 Adequate lighting of parking lots and parking structure, circulation areas, Police Department aisles,passageways,recesses,and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons,property, and vehicles on-site. 71 Minimum recommended lighting level for covered portions of all parking Police Department structures is 1 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 10:1. ON-GOING DURING OPERATIONS 72 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, public Department, utility easement or City easement area including but not limited to colored Water Engineering concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or Division 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. 73 File Emergency Listing Card,Form APD-281,with the Police Department, Police Department available at the Police Department front counter. This card should include on and off site property management contact information for regular business hours as well as emergency after hours contacts. 74 Clear and easily readable way-finding signage shall be posted at Police Department appropriate locations throughout complex. They should be positioned so they are easily viewed from vehicular and/or pedestrian pathways throughout the complex. 75 Address numbers shall be positioned so as to be readily readable from the Police Department street. Numbers should be illuminated during hours of darkness. GENERAL 76 Vehicle gates shall not be installed across the project driveways or Public Works access roads without providing a vehicle turnaround area to the Department, satisfaction of the City Engineer. Traffic Engineering Division - 21 - NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 77 The following minimum horizontal clearances shall be maintained between Public Utilities proposed water main and other facilities: Department, • 10-feet minimum separation (outside wall-to-outside wall) Water Engineering from sanitary sewer mains and laterals Division • 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. 78 No public water main or public water facilities shall be installed in private Public Utilities alleys or paseo areas. Department, Water Engineering Division 79 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Department, Water Engineering Division 80 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 Planning Services in the event that it is removed, damaged, diseased and/or dead. Division 81 Trees shall be maintained in perpetuity and in good health along the Planning and Building northerly property line to provide adequate screening and privacy from Department, adjacent property, in accordance with the approved landscape plan. Planning Services Division 82 Conditions of approval related to each of the timing milestones above shall Planning and Building be prominently displayed on plans submitted for permits. For example, Department, conditions of approval that are required to be complied with prior to the Planning Services issuance of building permits shall be provided on plans submitted for Division building plan check. This 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. - 22 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 83 The applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Planning Services whichever occurs first. Failure to pay all charges shall result in delays in Division the issuance of required permits or may result in the revocation of the approval of this application. 84 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division aside,void, or 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. - 23 - 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. 2020-129 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27' day of October, 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 2nd day of November, 2020. CITY CLER OF THE CITY OF ANAHEIM (SEAL)