Resolution-PC 2021-015RESOLUTION NO. PC2021-015
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ANAHEIM APPROVING
FINAL SITE PLAN NO. 2020-00003,
MISCELLANEOUS PERMIT NO. 2020-00746, AND
CONDITIONAL USE PERMIT NO. 2021-06102, AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2020-00278)
(100-130 SOUTH BEACH BOULEVARD AND 2952-2970 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) a Final Site Plan and Miscellaneous Permit for
a horizontal mixed-use project consisting of 134 single-family attached residences
(condominiums) with ten percent of the units affordable to moderate income buyers and a Tier Il
Development Incentive to permit reduced building -to -building setbacks; 100 affordable multiple -
family attached units (apartments) affordable to residents of various levels of income; and 5,000
square feet of commercial/retail space; and (ii) a conditional use permit to permit the relocation of
an existing telecommunications antenna that would exceed the height limit for that certain real
property generally located at the southeast corner of Lincoln Avenue and Beach Boulevard, and
commonly referred to as 100-130 South Beach Boulevard; and 2952-2970 West 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, Final Site Plan No. 2020-00003, Miscellaneous Permit No. 2020-00746,
and Conditional Use Permit No. 2021-06102 are proposed in conjunction with a tentative tract
map to permit a three -lot subdivision to include one lot with 134 "airspace" condominium lots,
which is designated as Tentative Tract Map No. 19022". Final Site Plan No. 2020-00003,
Miscellaneous Permit No. 2020-00746, Conditional Use Permit No. 2021-06102 and Tentative
Tract Map No. 19022 shall be referred to herein collectively as the "Proposed Project"; and
WHEREAS, single-family and multiple -family, attached dwelling development
within the "MU -H" Mixed -Use High Development area of the Beach Boulevard Specific Plan No.
2017-1 (SP 2017-1) Zone (BBSP) is subject to the approval by the Planning Commission of a final
site plan according to Subsection .0701 of Section 18.122.020.070 (Development Review and
Permits). Pursuant to subsection .040 of Section 18.122.060 (Site Development and Design
Standards by Development Area), the minimum setbacks set forth in Section 18.122.060 of
Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1) Zoning and Development Standards);
and
WHEREAS, in consideration for providing housing affordable to moderate income
buyers; and extremely low, very low, and low income tenants, the applicant has requested certain
development concessions and incentives, including waivers or reductions of development
standards, which the applicant has represented are necessary to provide affordable housing costs
for the Affordable Units; and
WHEREAS, the Property is approximately 7.27 acres in size and is currently
developed with commercial land uses and a portion is vacant land and is located in the "MU -H"
Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zone (BBSP).
The Anaheim General Plan designates the Property for Mixed -Use High land uses; and
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WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency
in California as a result of the threat of COV ID -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 and in-person public hearing at the Civic Center in the City of Anaheim
on April 26, 2021, at 5.00 p.m.; notice of said public hearing having been duly given as required
by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider
evidence and testimony for and against the Proposed Project and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, on December 18, 2018, the City Council adopted Resolution No.
2018-146 approving the Beach Boulevard Specific Plan No. 2017-1 to provide for the
establishment of a community -driven vision supported by new development standards, permitted
and prohibited uses, design guidelines, sustainable practices, economic development incentives,
and capital improvements that improve the quality of life for all future users of the corridor; and
WHEREAS, in connection with adoption of Specific Plan No. 2017-1 (Beach
Boulevard Specific Plan), the City Council adopted Resolution No. 2018-144 certifying Final
Environmental Impact Report No. 350 ("FEIR No. 350"), with a Statement of Overriding
Considerations, and adopting Mitigation Monitoring Program No. 342; and
WHEREAS, Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-
1) Zoning and Development Standards) prescribes the methods and procedures for implementation
of the Beach Boulevard Specific Plan, which for the Proposed Project requires the processing and
approval of a Final Site Plan in accordance with Chapter 18.70 (Final Site Plans) of Title 18
(Zoning) of the Code prior to the issuance of building permits; 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
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, the Planning Commission finds and determines that this project is
exempt from the requirements to prepare additional environmental documentation pursuant to
CEQA Guidelines Section 15162. This exemption consists of undertaken pursuant to and in
conformity to a specific plan where an Environmental Impact Report (EIR) was previously
prepared. As such, the proposed project meets the criteria for exemption; and .
WHEREAS, pursuant to Subsection .050 (Findings and Decision) of Section 18.70
(Final Plan Reviews), this Planning Commission, after due consideration, inspection, investigation
and study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, including the plans submitted by the applicant, does hereby find and
determine the following facts with respect to Final Site Plan No. 2020-00002:
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The design and layout of the proposed development are consistent with the General
Plan, any applicable specific plan, the development standards of the applicable
zoning district, and any special area guidelines or policies because the Proposed
Project will provide for the development of a quality single family and multiple -
family living environment with design amenities, such as private open space and
common recreation areas. The permitted density range under the Mixed -Use High
Density Residential designation is from zero to 36 dwelling units per gross acre. The
Proposed Project will have a maximum density of 55.6 dwelling units per acre;
2. The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future developments, and will not create
traffic or pedestrian hazards because the Project will include Code compliant parking
and recreational areas, sufficient building setbacks from the single-family residential
neighborhood to the east, and new pedestrian paths throughout the neighborhood, and
the streets and highways are designed and will be improved to carry the traffic in the
area;
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood because the proposed project will comply
with the design standards and guidelines of the Beach Boulevard Specific Plan, and
the Proposed Project will also include three story and five -story buildings that will
be adequately setback from the single-family residential structures to create massing
that is compatible with surrounding neighborhoods;
4. The design of the proposed development will provide a desirable environment for its
occupants, visiting public, and its neighbors, through the appropriate use of materials,
texture and color, and will remain aesthetically appealing and be appropriately
maintained because the project will comply with design standards and guidelines of
the Beach Boulevard Specific Plan;
5. The proposed development will not be detrimental to the public health, safety or
welfare, or materially injurious to the properties or improvements in the vicinity; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts:
1. That the following Tier Two incentive is necessary to provide ten percent of the
townhome units within the Project for sale at an affordable cost to moderate income
buyer under Section 18.52.090 of Chapter 18.52 (Housing Incentives) of the Code: a
reduction in the minimum building to building setback of 10 -feet building setback
where a 15 -foot landscape setback would be required; and
2. That granting of the incentives will not have a specific adverse impact upon public
health and safety or on the physical environment, or on any real property that is listed
in the California Register of Historical Resources, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to moderate income households.
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WHEREAS, pursuant to Subsection .050 (Design Standards) of Section 18.38.060
(Antennas - Telecommunications), this Planning Commission, after due consideration, inspection,
investigation and study made by itself and in its behalf, and after due consideration of all evidence
and reports offered at said hearing, including the plans submitted by the applicant, does hereby
find and determine the following facts with respect to Conditional Use Permit No. 2021-06102:
Review alternative shall be provided to staff, including but not limited to additional
and/or different locations and designs, and has determined that the application as
approved would have a lesser impact on the aesthetics and welfare of the surrounding
community as compared to other alternatives because a clock tower was considered but
determined to be out of scale with the proposed retail building with two-story elevations
and that the proposed monopine is the preferred design;
2. Based on the evidence presented, the additional height above the maximum building
height for the applicable zone is reasonably necessary for collocation of facilities or for
the efficient operation of the proposed facility because the 55 -feet maximum height
allowed would not be sufficient to achieve the needed coverage; and
3. Any negative impacts of the proposed facility are properly mitigated because the
project includes seven large specimen trees planted in close proximity to the proposed
monopine, which will adequately blend in with surrounding environment;
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
BE IT FURTHER RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission of the City of Anaheim does approve and adopt Final
Site Plan No. 2020-00003, Miscellaneous Permit No. 2020-00746, and Conditional Use Permit
No. 2021-06102 contingent upon and subject to: (1) the adoption of a resolution approving and
Tentative Tract Map No. 19022 now pending; (2) 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.
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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 Pen -nits) of the Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 26, 2021. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIRPERM09, PLANNING CO MISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 26, 202 1, by the following vote of the members
thereof.
AYES: COMMISSIONERS: KEYS, KRING, MEEKS, MULLEADY,
VADODARIA
NOES: COMMISSIONERS: WHITE
ABSENT: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS PEREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 26`i' day of April, 2021.
Ale.,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
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EXHIBIT `B"
FINAL SITE PLAN NO. 2020-00003, MISCELLANEOUS PERMIT NO. 2020-00746, AND
CONDITIONAL USE PERMIT NO. 2021-06102
(DEV2019-00120)
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RESPONSIBLE
N4'
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1
Prepare and submit a final grading plan showing building footprints, pad
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion control,
Development Services
slope easements and other pertinent information in accordance with
Anaheim Municipal Code and the California Building Code, latest edition.
2
Prepare and submit a final drainage study, including supporting hydraulic
Public Works,
and hydrological data to the City of Anaheim for review and approval. The
Development Services
study shall confirm or recommend changes to the City's adopted Master
Drainage Plan by identifying off-site and on-site storm water runoff impacts
resulting from build -out of permitted General Plan land uses. In addition,
the study shall identify the project's contribution and shall provide locations
and sizes of catchments and system connection points and all downstream
drainage -mitigating measures including but not limited to offsite storm
drains and interim detention facilities.
3
The developer shall execute a Save Harmless Agreement with the City of
Public Works,
Anaheim for any storm drain connections to a City storm drain system. The
Development Services
agreement shall be recorded by the applicant on the property prior to the
issuance of any permits.
4
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer.
Development Services
5
The OWNER shall obtain the required coverage under California's General
Public Works,
Permit for Stormwater Discharges associated with Construction Activity by
Development Services
providing a copy of the Notice of Intent (NOI) submitted to the State Water
Resources Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) number.
6
The owner shall prepare a Stormwater Pollution Prevention Plan (SWPPP).
public Works,
The SWPPP shall be kept at the project site and be available for Public
Development Services
Works Development Services Division review upon request.
7
Submit Water Quality Management Plan (WQMP) to the City for review
public Works,
and approval. The WQMP shall be consistent with the requirements of
Development Services
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
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Yrojects). l his list maybe provided on the building plans. The construction
equipment list shall state the make, model, and equipment identification
number of all the equipment. MM AQ -2
14 Prior to issuance of grading, demolition or building permits, whichever
occurs first, the Project Applicant shall submit a dust control plan that
implements the following measures during ground -disturbing activities, in
addition to the existing requirements for fugitive dust control under South
Coast Air Quality Management District Rule 403, to further reduce PM 10
and PM2.5 emissions:
a) Following all grading activities, the construction contractor shall
reestablish ground cover on the construction site through seeding and
Planning and Building
Department, Planning
Services Division
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
water runoff, and provide a monitoring program to address the long-term
implementation of and compliance with the defined BMPs.
8
Submit a Preliminary Geotechnical Report to the Public Works
public Works,
Development Services Division for review and approval. The report shall
Development Services
address any proposed infiltration features of the WQMP.
9
Applicant shall submit a copy of the approved permit and/or other form of
Public Works,
approval of the project from the following agency: Caltrans
Development Services
10
The Owner/Developer shall submit a set of improvement plans for Public
Public Utilities, Water
Utilities Water Engineering review and approval in determining the
Engineering
conditions necessary for providing water service to the pLoject.
11
Prior to the issuance of any Grading and Building Permits for the Affordable
Community and
Housing Developments, the Developer shall execute and record against the
Economic
development site a Density Bonus Housing Agreement that sets forth the
Development
terms and conditions of approval of said Density Bonus. The Density Bonus
Department
Housing Agreement shall be binding on the Developer and all future owners
and successors in interest thereof.
12
The Project: Applicant shall require the construction contractor to use
Planning and Building
equipment that meets the US Environmental Protection Agency (EPA) Tier
Department, Planning
4 emissions standards for off-road diesel -powered construction equipment
Services Division
with more than 50 horsepower, unless it can be demonstrated to the City of
Anaheim that such equipment is not available. Any emissions control device
used by the contractor shall achieve emissions reductions that are no less
than what could be achieved by a Level 4 diesel emissions control strategy
for a similarly sized engine, as defined by the California Air Resources
Board's regulations. Prior to issuance of any construction permits,
documentation shall be provided by the applicant to the City of Anaheim
that verifies, to the satisfaction of the City, the use of construction equipment
as stated in this mitigation measure. MM AQ -1
13
Prior to issuance of grading, demolition or building permits whichever
planning and Building
occurs first, the Project Applicant shall provide a list of all construction
Department, Planning
equipment proposed to be used on the Project site for Projects that are
Services Division
subject to the California Environmental Quality Act (i.e., non-exempt
Yrojects). l his list maybe provided on the building plans. The construction
equipment list shall state the make, model, and equipment identification
number of all the equipment. MM AQ -2
14 Prior to issuance of grading, demolition or building permits, whichever
occurs first, the Project Applicant shall submit a dust control plan that
implements the following measures during ground -disturbing activities, in
addition to the existing requirements for fugitive dust control under South
Coast Air Quality Management District Rule 403, to further reduce PM 10
and PM2.5 emissions:
a) Following all grading activities, the construction contractor shall
reestablish ground cover on the construction site through seeding and
Planning and Building
Department, Planning
Services Division
- 9 - PC2021-015
_10- PC2021-015
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
b) During all construction activities, the construction contractor shall sweep
streets with Rule 1186—compliant, PM10-efficient vacuum units on a daily
basis if silt is carried over to adjacent public thoroughfares or occurs as a
result of hauling.
c) During all construction activities, the construction contractor shall
maintain a minimum 24 -inch freeboard on trucks hauling dirt, sand, soil, or
other loose materials and tarp materials with a fabric cover or other cover
that achieves the same amount of protection.
c) During all construction activities, the construction contractor shall
maintain a minimum 24 -inch freeboard on trucks hauling dirt, sand, soil, or
other loose materials and tarp materials with a fabric cover or other cover
that achieves the same amount of protection.
d) During all construction activities, the construction contractor shall water
exposed ground surfaces and disturbed areas a minimum of every three
hours on the construction site and a minimum of three times per day.
e) During all construction activities, the construction contractor shall limit
onsite vehicle speeds on unpaved roads to no more than 15 miles per hour.
The City shall verify compliance during normal construction site
ins ections. MM AQ -8
15
Prior to demolition, the Project Applicant shall provide documentation of
planning and Building
the presence/absence of historic resources for the properties that are 50 years
Department, Planning
old or over by a qualified historical resources professional meeting the
Services Division
Secretary of the Interior's Professional Qualifications Standards. The
criteria for determining the historically significant structures shall meet one
or more the following criteria: 1. It strongly represents a significant event or
broad patterns of local, regional, or national history. 2. It is associated with
the life of a significant person in local, regional, or national history. 3. It is
a very good example of a significant architectural style, property type,
period, or method of construction; or it represents the work of an architect,
designer, engineer, or builder who is locally, regionally, or nationally
Significant; or it is a significant visual feature of the City. MM CUL -1
16
On properties where historically significant resources are identified a
Planning and Building
proper documentation meeting the Historic American Building Survey
Department, Planning
(HABS) Guidelines shall be prepared and implemented, as approved by the
Services Division
qualified historian meeting the Secretary of the Interior's Professional
Qualifications Standards. Such documentation shall include drawings,
photographs, and written data for each building/structure/element, and
provide a detailed mitigation plan, including a monitoring program,
recovery, rehabilitation, redesign, relocation, and/or in situ preservation
tan. MM CUL -2
17
Prior to the issuance of any permits allowing ground -disturbing activities
planning and Building
that cause excavation to depths greater than current foundations, the Project
Department, Planning
Applicant shall retain an archeologist who meets the Secretary of the
Services Division
Interior's Standards for professional archaeology for the Project and will be
on call during all grading and other significant ground -disturbing activities.
The Qualified Archaeologist shall ensure that the following measures are
followed for the Project. 1
11
_10- PC2021-015
NO..
1.
2.
3.
H
5
RESPONSIBLE
CONDITIONS OF APPROVAL DEPARTMENT
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 be briefed on proper procedures to follow should
unanticipated cultural resources be made during construction.
Workers will be provided contact information and protocols to
follow in the event that inadvertent discoveries are made. The
WEAP training can be in the form of a video or PowerPoint
presentation. Printed literature (handouts) can accompany the
training and can also be given to new workers and contractors to
avoid the necessity of continuous training over the course of the
Project.
In the event that unanticipated cultural material is encountered
during any phase of Project construction, all construction work
within 50 feet (15 meters) of the find shall cease and the Qualified
Archaeologist shall assess the find for importance. Construction
activities may continue in other areas. If, in consultation with the
appropriate City, the discovery is determined not to be important,
work will be permitted to continue in the area.
If a resource is determined by the Qualified Archaeologist to
constitute a "historical resource" pursuant to CEQA Guidelines
Section 15064.5(x) or has a "unique archaeological resource"
pursuant to Public Resources Code Section 21083.2(8), the
Qualified Archaeologist shall coordinate with the applicant and the
City to develop a formal treatment plan that would serve to reduce
impacts to the resources, and construction allowed to proceed. The
treatment plan established for the resources shall be in accordance
with CEQA Guidelines Section 15064.5(f) for historical resources
and Public Resources Code Sections 21083.2(b) for unique
archaeological resources. Preservation in place (i.e., avoidance) is
the preferred manner of treatment.
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, nonprofit institution with a
research interest in the materials, such as the South Central Coastal
Information Center at California State University, Fullerton. If no
institution accepts the archaeological material, they shall be donated
to a local school or historical society in the area for educational
purposes, as determined as appropriate by the City of Anaheim. MM
CUL -3
- II - PC2021-015
NO. I CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
18 Prior to the issuance of demolition permits the Project Applicant shall
Planning and Building
conduct the following inspections and assessments for all buildings and
Department, Planning
structures onsite and shall provide the City of Anaheim with a copy of the
Services Division
report of each investigation or assessment.
1. The Project applicant shall retain a California Certified Asbestos
Consultant (CAC) to perform abatement Project planning,
monitoring (including air monitoring), oversight, and reporting of all
asbestos -containing materials (ACM) encountered. The abatement,
containment, and disposal of all ACM shall be conducted in
accordance with the South Coast Air Quality Management District's
Rule 1403 and California Code of Regulation Title 8, Section 1529
(Asbestos).
2. The Project applicant shall retain a licensed or certified lead
inspector/assessor to conduct the abatement, containment, and
disposal of all lead waste encountered. The contracted lead
inspector/assessor shall be certified by the California Department of
Public Health (CDPH). All lead abatement shall be performed by a
CDPH-certified lead supervisor or a CDPH-certified worker under
the direct supervision of a lead supervisor certified by CDPH. The
abatement, containment, and disposal of all lead waste encountered
shall be conducted in accordance with the US Occupational Safety
and Health Administration Rule 29, CFR Part 1926, and California
Code of Regulation, Title 8, Section 1532.1 (Lead).
3. Evidence of the contracted professionals retained by the Project
applicant shall be provided to the City of Anaheim. Additionally,
contractors performing ACM and lead waste removal shall provide
evidence of abatement activities to the City of Anaheim. MM HAZ-
1
19 Prior to the issuance of grading permits, the Project Applicant shall submit
planning and Building
a Phase I Environmental Site Assessment (ESA) to the City of Anaheim to
Department, Planning
identify environmental conditions of the development site and determine
Services Division
whether contamination is present. The Phase I ESA shall be prepared by an
Environmental Professional as defined in 40 CFR 312.10 and in accordance
with the American Society for Testing and Materials (ASTM) Standard E
1527.05, Standard Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process. If recognized environmental
conditions related to soils are identified in the Phase I ESA, the Project
applicant shall perform soil, groundwater, and/or vapor sampling as a part
of Phase II ESA. If contamination is found at significant levels, the Project
applicant shall remediate all contaminated soils in accordance with state and
local agency requirements (California Department of Toxic Substances
Control, Regional Water Quality Control Board, Anaheim Fire & Rescue,
etc.). All contaminated soils and/or material encountered shall be disposed
of at a regulated site and in accordance with applicable laws and regulations
prior to the completion of grading. Prior to the issuance of building permits,
a report documenting the completion, results, and any follow-up
remediation on the recommendations, if any, shall be provided to the City
-12- PC2021-015
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL DEPARTMENT
of Anaheim evidencing that all site remediation activities have been
completed. MM HAZ-2
ll
Prior to issuance of demolition, grading and/or building permits, a note shall Planning and Building
be provided on plans for grading, demolition, and construction activities, Department, Planning
indicating that the Project Applicant shall be responsible for requiring Services Division
contractors to implement the following measures to limit construction -
related noise:
1. Construction activity is limited to the daytime hours between 7:00
a.m. to 7:00 p.m., as prescribed in the City's Municipal Code
(Additional work hours may be permitted if deemed necessary by
the Director of Public Works or Building Official).
2. All internal combustion engines on construction equipment and
trucks are fitted with properly maintained mufflers.
3. Stationary equipment such as generators, air compressors shall be
located as far as feasible from nearby noise -sensitive uses.
4. Stockpiling is located as far as feasible from nearby noise -sensitive
receptors
5. Construction traffic shall be limited to the established haul routes.
MM N-1
21
Prior to the issuance of grading permits the Project Applicant shall prepare public Works,
a construction management plan that shall be approved by the City of Traffic Engineering
Anaheim Public Works. The construction management plan shall:
1. Establish truck haul routes on the appropriate transportation
facilities. Truck routes that avoid congested streets and sensitive
land uses shall be considered.
2. Provide Traffic Control Plans (for detours and temporary road
closures) that meet the minimum City criteria. Traffic control plans
shall determine if dedicated turn lanes for movement of construction
truck and equipment on and offsite are available.
3. Minimize offsite road closures during the peak hours.
4. Keep all construction -related traffic onsite at all times.
5. Provide temporary traffic controls, such as a flag person, during all
phases of construction to maintain smooth traffic flow. MM N-2
22
Prior to the issuance of any permits allowing ground -disturbing activities planning and Building
that cause excavation to depths greater than current foundations, the Project Department, Planning
applicant/developer shall retain qualified Native American Monitor(s) Services Division
during construction -related ground disturbance activities. The monitor(s)
shall be approved by the Tribal Representatives of the Gabrieleno Band of
Mission Indians - Kizh Nation and be present on-site during construction
that involve ground disturbing activities. The Native American Monitor(s)
shall be responsible for the following activities during the monitoring, as
appropriate:
1. Complete monitoring logs on a daily basis, providing descriptions of
the daily activities, including construction activities, locations, soil,
and any cultural materials identified.
2. If the monitoring site has hazardous materials concerns, the
monitor(s) shall possess Hazardous Waste Operations and
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
Emergency Response (HAZWOPER) certification. The on-site
monitoring shall end when the Project site grading and excavation
activities are completed, or when the Tribal Representatives and
monitor have indicated that the site has a low potential for tribal
cultural resources. MM TCR -1
23
Prior to issuance of demolition, grading, or building pennits, whichever
public Works,
occurs first, the developer/applicant shall pay sewer impact fees per the
Development Services
current Combined West Anaheim Area Master Plan of Sanitary Sewers.
USS -2
24
Prior to issuance of demolition, grading, building or water permits,
public Utilities, Water
whichever occurs first, the property owner/developer shall submit plans to
Engineering
the Public Utilities Department for review. The Public Utilities Department
shall review the location of each Project to determine if it is an area served
by potentially deficient water facilities, as identified in the latest updated
water study for the BBSP. In such a case, the property owner/developer shall
perform a hydraulic analysis for the existing and proposed public water
improvements to determine if the Project domestic or fire flow demands will
increase flows beyond those programmed in the appropriate water master
plan study for the area or if the Project will create a deficiency in an existing
water mains. The hydraulic water analysis for the existing and proposed
public water improvements shall incorporate the anticipated flow, pressure,
and any other information specific for the Project to determine the
conditions for final design. With the hydraulic water analysis, the property
owner/developer shall submit the results of a field fire flow test and provide
a written response from Anaheim Fire Department confirming the fire flow
requirements for the Project. The property owner/developer shall be
required to guarantee mitigation of the impact to adequately serve the area
to the satisfaction of the Public Utilities Department and City Attorney's
Office per Anaheim's most current Water Rules and Regulations. USS -3
25
A written agreement to underground all utilities that are obstructing the alley
Anaheim Fire &
width proposed for fire access to the 5 story building shall be provided to
Rescue
AFD prior to gradinermit issuance.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
26
Prior to issuance of a building permit for Projects that are subject to the
planning and Building
California Environmental Quality Act (i.e., non-exempt Projects), the
Department, Planning
property owner/developer Project Applicant shall require the construction
Services Division
contractor and provide a note on construction plans indicating that: a) All
coatings and solvents will have a volatile organic compound (VOC) content
lower than required under Rule 1113 (i.e., super compliant paints). b) All
architectural coatings shall be applied either by (1) using a high-volume,
low-pressure spray method operated at an air pressure between 0.1 and 10
pounds per square inch gauge to achieve a 65 percent application efficiency;
or (2) manual application using a paintbrush, hand -roller, trowel, spatula,
dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The
construction contractor shall also use re-coated/natural colored building
-14- PC2021-015
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RESPONSIBLEDEPARTMENT
NO. CONDITIONS OF APPROVAL
materials, where feasible. The City shall verify compliance during normal
construction site inspections. MM AQ-4
27 Prior to the issuance of building permits for new development Projects in
planning and Building
the Project Area, the Project applicant shall show on the building plans that
Department, Planning
all major appliances (dishwashers, refrigerators, clothes washers, and
Services Division
dryers) to be provided/installed are Energy Star certified appliances or
appliances of equivalent energy efficiency. Installation of Energy Star or
equivalent appliances shall be verified by the City of Anaheim prior to the
issuance of a Certificate of Occupancy. MM AQ-5
28 Prior to the issuance of non-residential building permits the Project
planning and Building
Applicant shall indicate on the building plans that the following features
Department, Building
have been incorporated into the design of the building(s). Proper installation
Division
of these features shall be verified by the City of Anaheim Building Division
prior to the issuance of a Certificate of Occupancy.
1. For buildings with more than ten tenant-occupants, changing/shower
facilities shall be provided as specified in Section A5.106.4.3
(Nonresidential Voluntary Measures) of the CALGreen Code.
2. Preferential parking for low-emitting, fuel-efficient, and carpool/van
vehicles shall be provided as specified in Section A5.106.5.1
(Nonresidential Voluntary Measures) of the CALGreen Code.
3. Facilities shall be installed to support future electric vehicle charging
at each nonresidential building with 30 or more parking spaces.
Installation shall be consistent with Section A5.106.5.3
(Nonresidential Voluntary Measures) of the CALGreen Code.
MM AQ-6
29 Prior to issuance of building permits the Project applicant shall indicate on
Planning and Building
the building plans that the following features have been incorporated into
Department, Building
the design of the building(s). Proper installation of these features shall be
Division
verified by the City of Anaheim prior to the issuance of a Certificate of
Occupancy.
i. Electric vehicle charging shall be provided as specified in Section
A4.106.8.2 (Residential Voluntary Measures) of the CALGreen
Code.
2. Bicycle parking shall be provided as specified in Section A4.106.9
(Residential Voluntary Measures) of the CALGreen Code
MM AQ-7
30 That 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
Traffic Engineering
buildin lans.
31 That prior to the issuance of a building permit, plans shall be submitted
public Works,
showing stop control at the project driveways. STOP sign, STOP bar, STOP
Traffic Engineering
pavement legends, and RIGHT TURN ONLY sign shall be installed at the
driveways prior to final building and zoning inspection. Subject property
shall thereupon be developed and maintained in conformance with said
plans.
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-16- PC2021-015
RESPONSIBLE
NO,
CONDITIONS OF APPROVAL
DEPARTMENT
32
That prior to the issuance of a building permit, street improvement plans
public Works,
shall be submitted showing R6 -1(R) (ONE-WAY) sign on the median
Traffic Engineering
directly in front of project driveways for review and approval. Sign shall be
installed prior to the first building and zoning inspection.
33
Prior to the issuance of a building permit, the applicant shall submit draft
Public Works,
Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an
Traffic Engineering
authorized professional for review and approval by the City Engineer,
Planning Director, and City Attorney, which will generally provide for the
following:
1. A requirement that residents shall use designated parking area,
including garages, only for the parking of vehicles.
2. A provision that parking garages are subject to inspection by the
Association or City of Anaheim staff.
3. 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.
4. 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 puking.
34
Record Tract Map No. 19422 pursuant to the Subdivision Map Act and in
Public Works,
accordance with City Code. Provide a duplicate photo Mylar of the recorded
Development Services
map to the City Engineer's office.
35
Provide a certificate, from a Registered Civil Engineer, certifying that the
Public Works,
finished grading has been completed in accordance with the City approved
Development Services
gradinlan.
36
The property owner shall irrevocably offer to dedicate to the City of
public Works,
Anaheim the following easements:
Development Services
1. 7 ft. in width on Lincoln Avenue
2. Corner cutback at Lincoln Avenue/Laxore Street and Laxore
Street/Embassy Avenue
37
Design per City Standards full improvements for all impacted and interior
Public Works,
streets/facilities in accordance with City Code, Standards and
Development Services
Specifications. Such improvements may include, but not be limited to the
following: curb, curb and gutter, landscape parkway, irrigation, sidewalk
adjacent to ultimate right of way, curb ramps relocation of utilities, asphalt
repair, utility trenchin
38
A 8 inch sewer main is available for connection by this project in Beach
public Works,
Boulevard and a 18 inch sewer main along Lincoln Avenue.
Development Services
39
A Right of Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public right-
Development Services
of -way.
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- 17 - PC2021-015
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
4�
All Landscape plans shall comply with the City of Anaheim adopted
Public Warks,
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Development Services
with the State of California Model Water Efficient Landscape Ordinance
AB 1881).
41
Owner/Developer shall install an approved backflow prevention assembly
Public Utilities,
on the water service connection(s) serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
42
The Owner/Developer shall submit a set of improvement plans for Public
Public Utilities,
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
43
Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-
public Utilities,
537.5) as amended by Senate Bill 7, water submetering shall be furnished
Water Engineering
and installed by the Owner/Developer and a water submeter shall be
installed to each individual unit. Provisions for the ongoing maintenance
and operation (including meter billing) of the submeters shall be the
responsibility of the Owner and 'included and recorded in the Master CC&Rs
for the project.
44
All backflow equipment shall be located above ground outside of the street
public Utilities,
setback area in a manner fully screened from all public streets and alleys.
Water Engineering
Any backflow assemblies currently installed in a vault will have to be
brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control Inspector.
45
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities,
well as any modifications, relocations, or abandonments of existing water
Water Engineering
services, backflow equipment, and fire lines, shall be coordinated and
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
46
All existing water services and fire services shall conform to current Water
Public Utilities,
Services Standards Specifications. Any water service and/or fire line that
Water Engineering
does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
Owner/Developer shall be responsible for the costs to upgrade or to abandon
any water service or fire line.
47
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
Water Engineering
hydrants, including a five (5) -foot wide easement around the fire hydrant
and/or water meter pad. (ii) a twenty (20) foot wide easement for all water
service mains and service laterals all to the satisfaction of the Water
Engineering Division. The easements shall be granted on the Water
Engineering Division of the Public Utilities Department's standard water
easement deed. The easement deeds shall include language that requires the
- 17 - PC2021-015
- 13 - PC2021-015
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
48
The Owner/Developer shall submit a water system master plan, including a
public Utilities,
hydraulic distribution network analysis, for Public Utilities Water
Water Engineering
Engineering review and approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to meet the project's water
demands and fire protection requirements.
49
The Owner/Developer shall submit a water system master plan, including a
public Utilities,
hydraulic distribution network analysis, for Public Utilities Water
Water Engineering
Engineering review and approval. The master plan shall demonstrate the
adequacy of the proposed on-site water system to meet the project's water
demands and fire protection requirements.
50
The Owner/Developer shall submit to the Public Utilities Department Water
Public Utilities,
Engineering Division an estimate of the maximum fire flow rate and
Water Engineering
maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing water
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
Water Engineering
the City Engineer and form approved by City Attorney shall be posted with
the City of Anaheim.
52
Prior to issuance of a building permit, the Project Applicant shall submit a
Planning and Building
noise level analysis, which must include mitigation measures that comply
Department,
with applicable City noise standards including the following:
1. Exterior noise within the private rear yard of any single-family lot
Planning Division
and/or within any common recreation areas, shall be attenuated to a
maximum of 65 dB CNEL; interior noise levels shall be attenuated
to a maximum of 45 dB CNEL, or to a level designated by the
Uniform Building Code, as adopted by the City (identified in Section
18.40.090).
2. Exterior noise within common recreation areas of any single family
attached or multiple family dwelling Project shall be attenuated to a
maximum of 65 dB CNEL; interior noise levels shall be attenuated
to a maximum of 45 dB CNEL, or to a level designated by the
Uniform Building Code, as adopted by the City (identified in Section
18.40.090). The Planning Commission may grant a deviation from
the requirements pertaining to exterior noise levels, given that all of
the following conditions exist (Section 18.040.090.060):
- 13 - PC2021-015
- 19 - PC2021-015
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
3. The deviation does not exceed 5 dB above the prescribed levels for
exterior noise; and
4. Measures to attenuate noise to the prescribed levels would
compromise or conflict with the aesthetic value of the Project. In
addition, the proposed Project shall be designed to limit the interior
noise caused by adjacent commercial uses and parking areas to a
maximum of 45 dBA CNEL in any habitable room with windows
closed. The required interior noise reduction can be accomplished
with enhanced construction design or materials such as upgraded
dual -glazed windows and/or upgraded exterior wall assemblies.
These features shall be shown on all building plans and incorporated
into construction of the Project. City inspectors shall verify
compliance of the building with the acoustic report's
recommendations prior to issuance of a Certificate of Occupancy.
MM N-3
53
Prior to issuance of a building permit, if the proposed Project involves high-
planning and Building
vibration construction activities, such as pile driving or vibratory
Department,
rolling/compacting, said activities shall be evaluated for potential vibration
impacts to nearby sensitive receptors. The Project applicant shall submit a
Planning Division
vibration report prepared to the satisfaction of the City of Anaheim to
determine if the use of pile driving and/or vibratory rolling/compacting
equipment would exceed the Federal Transit Administration's (FTA's)
vibration -annoyance criteria of 78 VdB during the daytime or FTA's
vibration. -induced architectural damage PPV criteria of 0.2 inches/second
for wood -framed structures or 0.5 inches/second for reinforced masonry
buildings. The construction contractor shall require the use of lower
vibration -producing equipment and techniques. Examples of lower -
vibration equipment and techniques would include avoiding the use of
vibratory rollers near sensitive areas and/or the use of drilled piles, sonic
pile driving, or vibratory pile driving (as opposed to impact pile driving).
MM N-4
54
Prior to issuance of the first building permit for each building, the property
public Works, Traffic
Project Applicant shall pay all applicable transportation impact fees to the
Engineering
City of Anaheim in amounts determined by the City Council Resolution in
effect at the time of issuance of the building permit with credit given for
City -authorized improvements provided by the property owner/developer;
and participate in all applicable reimbursement or benefit districts which
have been established. MM T-3
55
All utilities obstructing the fire access width in the alley proposed to be a
Anaheim Fire &
fire access road shall be undergrounded or relocated — work shall be
Rescue
com feted prior to building permit(s) issuance.
56
The applicant shall submit plans to the Police Department indicating
Anaheim Police
placement of physical barriers capable of stopping or deflecting a moving
Department
vehicle (low concrete wall, concrete planters, steel bollards, etc.) between
any recreation/playground and adjacent parking spaces.
- 19 - PC2021-015
-20- PC2021-015
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
57
The applicant shall submit plans to the Police Department demonstrating
Anaheim Police
adequate lighting of sufficient wattage to provide illumination to make
Department
clearly visible the presence of any person on or about the premises during
the hours of darkness in the following areas: of parking lots and parking
structure, circulation areas, aisles, passageways, recesses, and grounds
contiguous to buildings. The lighting shall provide a safe, secure
environment for all persons, property, and vehicles on-site.
58
The applicant shall submit a photometric study demonstrating minimum
Anaheim Police
recommended lighting level in all parking lots is .5 foot-candle maintained,
Department
measured at the parking surface, with a maximum to minimum ratio no
eater than 15:1
59
The applicant shall meet with the Police Department to discuss at a
Anaheim Police
minimum:
Department
1) Security cameras (retail and apartment building)
2) Access control
3) Landscaping
4) Parking
5) Line of sight
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
60
That prior to final building and zoning inspection, fire lanes shall be posted
Public Works Traffic
with "No Parking Any Time." Said information shall be specifically shown
Engineering
on plans submitted for building permits.
61
Prior to Final Building and Zoning Inspections, the property
Public Works,
owner/developer shall execute and record with the Orange County Recorder
Traffic Engineering
an unsubordinated declaration of Covenants Conditions and Restrictions
(CC&Rs) to run with the land, satisfactory to the City Engineer, Planning
Director, and City 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 shall be approved by the City Engineer,
Planning Director and the City Attorne 's office and recorded.
62
Owner/Developer shall install an approved backflow prevention assembly
Public Works,
on the water service connection(s) serving the property, behind property line
Traffic Engineering
and building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
63
All public improvements shall be constructed by the developer, inspected
Public Works,
and accepted by Construction Services prior to final building and zoning
Development Services
inspection.
64
All remaining fees/deposits required by Public Works department must be
Public Works,
paid in full.
Development Services
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-21- PC2021-015
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
65
Set all Monuments in accordance with the final map and submit all
Public Works,
centerline ties to Public Works Department. Any monuments damaged as a
Development Services
result of construction shall be reset to the satisfaction of the City Engineer.
66
Record Drawings and As -Built Plans shall be submitted for review and
Public Works,
approval to the Department of Public Works, Development Services
Development Services
Division.
67
If gates are installed, in order to facilitate the efficient and rapid access by
Anaheim Police
emergency vehicles and personnel, the applicant shall ensure all electrically
Department
operated gates providing emergency vehicle access to any residential
facility/community development with more than 20 (twenty) 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
to the satisfaction of the Anaheim Police Department.
68
The applicant shall provide rooftop address numbers for the police
Anaheim Police
helicopter on any flat roofs. Minimum size shall be 4' in height and 2' in
Department
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.
69
The applicant shall provide an apartment complex map in electronic fonn to
Anaheim Police
the Anaheim Police Department.
Department
70
The applicant shall ensure that "No Trespassing 602(k) P.C." signs shall be
Anaheim Police
posted at the entrances of parking lots/structures and located in other
Department
appropriate places within the apartment complex and retail site (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.
-21- PC2021-015
71
The applicant shall provide closed circuit television (CCTV) security
Anaheim Police
cameras with the following coverage areas: retail/office space, cashier/safe
Department
areas, and parking structure.
1) If security cameras are not monitored, signs indicating so should be
placed at each camera.
2) CCTV monitors and recorders should be secured in a separate locked
compartment to prevent theft of, or tampering with, the recording.
3) With advances in technology, digital and wireless CCTV security
systems are readily available and highly recommended over older
VHS or "Tape" recording systems.
4) CCTV recordings shall be kept for a minimum of 30 days before
being deleted or recorded over.
5) If used, CCTV videotapes shall not be recorded over more than 10
items per tape.
72
The applicant shall construct a solid, six foot high, decorative concrete
Planning and Building
masonry wall along the eastern property line where the project site abuts the
Department,
public alley.
Planning Services
Division
ON-GOING DURING PROJECT GRADING, CONSTR UCTION AND OPERATIONS
73
That ongoing during project operations, vehicle deliveries including loading
Public Works,
and unloading shall be performed on site. Delivery vehicles shall not block
Traffic Engineering
any part of the public right of way.
74
The Owner shall be responsible for restoring any special surface
Public Utilities
improvements, other than asphalt paving, within any right-of-way, public
Water Engineering
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master CC&Rs for the project and the City easement deeds.
75
During construction activities the Project Applicant shall provide evidence
Planning and Building
to the Planning and Building Department that the construction contractors
Department, Planning
shall ensure that the equipment shall be properly serviced and maintained in
Division
accordance with the manufacturer's recommendations; and, that all
nonessential idling of construction equipment is restricted to five minutes or
less in compliance with Section 2449 of the California Code of Regulations,
Title 13, Article 4.8, Chapter 9. MM AQ -3
76
During project operations, the applicant/property owner shall ensure that
Anaheim Police
monument signs and addresses shall be well lighted during hours of
Department
darkness to the satisfaction of the Police Department.
-22- PC2021-015
GENERAL
77
A minimum of two connections to public water mains and water looping
Public Utilities,
inside the project are required.
Water Engineering
78
The following minimum horizontal clearances shall be maintained between
Public Utilities,
proposed water main and other facilities:
Water Engineering
1. 10 -feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
2. 5 -feet minimum separation from all other utilities, including storm
drains, gas, and electric
3. 6 -feet minimum separation from curb face
4. 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.):
1. 10 feet from structures, footings, walls, stormwater BMPs, power
poles, street lights, and trees.
2. 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
79
Vehicle gates shall not be installed across the project driveways or access
Public Works,
roads as the site design does not allow any such gates to conform to City of
Traffic Engineering
Anaheim Engineering Standard Detail 475 pertaining to gate set back
distance, turnaround area, guest phone, separate lane for guest access, and
minimum width for ingress/egress as required by the Fire Department.
Should gates be desired in the future, gates shall comply with the current
version of City of Anaheim Engineering Standard Detail 475 and are subject
to approval by the City Engineer.
80
The property owner/project developer is responsible for obtaining any
public Works,
required permit and/or other form of approval from Caltrans for any
Traffic Engineering
proposed project improvement within the State right-of-way.
81
Conditions of approval related to each of the timing milestones above shall
planning and Building
be prominently displayed on plans submitted for permits. For example,
Department,
conditions of approval that are required to be complied with prior to the
issuance of building permits shall be provided on plans submitted for building
Planning Services
plan check. This requirement applies to grading permits, final maps, street
Division
improvement plans, water and electrical plans, landscape irrigation plans,
security plans, parks and trail plans, and fire and life safety tans, etc.
82
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,
whichever occurs first. Failure to pay all charges shall result in delays in
Planning Services
the issuance of required permits or may result in the revocation of the
Division
approval of this application.
-23 - PC2021-015
83
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning and Building
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this permit
Division
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 Iitigation, including
without limitation attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
84
All new landscaping shall be installed in conformance with Chapter 18.46
Planning and Building
"Landscape and Screening" of the Anaheim Municipal Code and shall be
Department,
maintained in perpetuity. Landscaping shall be replaced in a timely manner
in the event that it is removed, damaged, diseased and/or dead.
Planning Services
Division
-24- PC2021-015