Resolution-PC 2021-022RESOLUTION NO. PC2021-022
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ANAHEIM APPROVING
MISCELLANEOUS PERMIT NO. 2021-00767,
AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2021-00059)
(I 10 WEST MIDWAY DRIVE; 1441, 1445, AND 1455 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a Miscellaneous Permit for a multi -family
residential project consisting of 86 attached dwelling units (apartments) in a four-story building
including 85 affordable units to households earning less than 60 percent of the Area Median
Income (AMI), a density bonus of 5 units, and three Tier Two Development Incentives for reduced
floor area minimums, reduced interior lot line landscape setbacks, and reduced street frontage
setbacks for that certain real property located on the southwest corner of West Midway Drive
Avenue and South Anaheim Boulevard, and commonly referred to as 110 West Midway Drive;
1441, 1445, and 1455 South 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, Miscellaneous Permit No. 2021-00767, is proposed in conjunction
with a tentative parcel map to create a one lot subdivision by merging the existing eight parcels
and vacated streets, which is designated as Tentative Parcel Map No. 2021-123. Miscellaneous
Permit No. 2021-00767, and Tentative Parcel Map No. 2021-123 shall be referred to herein
collectively as the "Proposed Project"; and
WHEREAS, in consideration for providing housing affordable to 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 2.36 acres in size and the majority of the
project site is vacant and is occasionally used as storage. A 1 -story, 4,590 -square -foot office
structure is located on northwest corner of the site, and is zoned "P' Industrial and "T" Transitional
and is within the "RO" Residential Opportunity Overlay Zond and the "SABC" South Anaheim
Boulevard Corridor Overlay Zone. The Anaheim General Plan designates the Property for
Medium Density Residential land uses; 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
- 1 - PC2021-022
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 June 21, 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, 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
Procedures, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, Pursuant to CEQA Guidelines Section 15367, the City has discretionary
authority over the proposed project and is the Lead Agency in the preparation of the Appendix N:
Infill. Environmental Checklist (Attachment 5) and any additional environmental documentation
required for the Proposed Project. The Appendix N Checklist utilizes analysis from the previously -
certified Program Environmental Impact Report (Program EIR) No. 330 for the General Plan and
Zoning Code Update, which was certified by the Anaheim City Council on May 25, 2004. In
addition, the Appendix N Checklist also utilizes analysis from the certified Supplemental EIR No.
346 to Program EIR No. 330 for the City of Anaheim Housing Opportunities Sites Rezoning
Project, which was certified by the City of Anaheim on September 24, 2013. The Appendix N
Checklist collectively refers to Program EIR No. 330 and Supplemental EIR No. 346 as the
"Certified EIR". The Appendix N Checklist compares the Proposed Project's effects with the
analysis in the Certified ETR and assists the Lead Agency in the evaluation of potential
environmental impacts of the proposed project. Project Design Features (PDFs), Standard
Conditions/Existing Plans, Programs, or Policies (PPPs), and mitigation measures from the
Certified EIR that are applicable to the Proposed Project are included in the Appendix N Checklist;
and
WHEREAS, the Planning Commission finds and determines that a streamlined
review pursuant to Section 15183.3 (Streamlining for Infill Projects) of the CEQA Guidelines is
the appropriate environmental review for this request under CEQA; and, that the Proposed Project
would not cause any new specific effects or more significant effects that either have not already
been analyzed in a prior environmental impact report or that uniformly applicable development
policies would not substantially mitigate; 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:
That the density bonus and the following Tier Two incentives are necessary to
provide 100 percent of the apartment units within the Project for rent at an affordable
cost to extremely low, very low, and low income households and maintain project
viability under Section 18.52.090 of Chapter 18.52 (Housing Incentives) of the Code:
a reduction in the minimum interior landscape setback from 10 feet to 3 feet; a
reduction in the street frontage setbacks from 15 feet to 2 feet along Anaheim
Boulevard and from 10 feet to 5.5 feet along Midway Drive; and a reduction in the
- 2 - PC2021-022
minimum unit size for 1 -bedroom units from 700 square feet to between 569 square
feet and 610 square feet and a reduction in the minimum size for 2-bedromrn units
from 825 square feet to 810 square feet.
2. That granting of the density bonus and 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 extremely low, very low,
and low income households; and
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 negate the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW THEREFORE BE IT RESOLVED that, based upon the aforesaid findings and
determinations, the Planning Commission of the City of Anaheim does approve and adopt
Miscellaneous Permit No. 2021-00767 contingent upon and subject to; (1) the adoption of a
resolution approving and Tentative Parcel Map No. 2021-123 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.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
- 3 - PC2021-022
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 21, 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.
CH RPERSON PRO -TE PORE, PLANNING COMMISSION
OF HE 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, Simonne Fannin, 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 lune 21, 2021, by the following vote of the members
thereof:
AYES: COMMISSIONERS: KRING, MEEKS, MULLEADY, PEREZ, VADODARIA,
WHITE
NOES: COMMISSIONERS:
ASSENT: COMMISSIONERS: KEYS
IN WITNESS WHEREOF, I have hereunto set my hand this 21' day of .lune, 2021.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 082-185-59
082-185-01
082-185-53
082-185-48
082-185-52
082-185-47
EXHIBIT "A"
DEV N4.2021-00059
W MIDWAY DR
a sa ioa
d
Feet
E PALAIS RD
4VE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
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EXHIBIT "B"
MISCELLANEOUS PERMIT NO. 2021-00767
(DEV2021--00059)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF A GRADING PERMIT
1
Prior to issuance of a grading permit (with the exception of demolition
grading without building pads), Sewer Improvement plans to mitigate the
Public Works,
deficiency on the segments on the North Katella Sewer as identified on the
Development Services
Sewer Study dated May 6, 2021 and further detailed in the South Central
Anaheim Sewer Study (SCASS), shall be submitted, reviewed and approved
by Public Works.
2
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.
3
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.
4
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer.
Development Services
5
The legal property owner shall obtain the required coverage under
public Works,
California's General Permit for Stormwater Discharges associated with
Development Services
Construction Activity by 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 legal property owner shall prepare a Stormwater Pollution Prevention
Plan (SWPPP). The SWPPP shall be kept at the project site and be available
public Works,
for Public Works Development Services Division review upon request.
Development Services
- 7 - PC2021-022
NO. CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
Submit a Water Quality Management Plan (WQMP) to the City for review
7
Public Works,
and approval. The WQMP shall be consistent with the requirements of
Development Services
Section 7 and Exhibit 7.I1 of the Grange 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 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. The Final WQMP shall be
subject to the following additional conditions, which have resulted from the
review of the Preliminary WQMP for this project:
a. Right of Way improvements shall be described in detail and the
Right of Way significant redevelopment exhibit shall be required to
be included as part of the Final WQMP. Implementation of these
BMPs may result in conflicts in the right of way which shall be
resolved by the design engineer prior to Final WQMP approval.
b. Trash provisions full capture BMPs shall be designed accordingly to
meet 1 -year, 1 -hour tributary area sizing requirements with
supporting calculations shall be included in the Final WQMP.
c. Additional infiltration testing shall be required based on the varying
infiltration rates used in the preliminary design and once final
infiltrations BMP locations are established in the Final WQMP. This
may result in a significant increase in the size of the infiltration
system which could impact the existing infrastructure design onsite.
These impacts shall be accommodated by the design team in order
to ensure the requirements of the Final WMQP are met.
d. Pre-treatment design shall meet all City requirements once area drain
system is finalized.
8 Submit a Geotechnical Report to the Public Works Development Services
public Works,
Division for review and approval. The report shall address any proposed
Development Services
infiltration features of the WQMP.
9 Prior to issuance of a grading or building permit the City Engineer shall
public Works,
review the location of each project to determine if it is located within an area
served by deficient sewer facilities or the Proposed Project, with peak flows
Development Services
provided by the property owner, will create a deficiency in an existing sewer
line. If the City Engineer determines that either condition exists, the property
owner/developer shall conduct a sanitary sewer study to be reviewed and
approved by the City Engineer. If the proposed project will increase sewer
flows beyond those programmed in the appropriate master plan sewer study
for the area or if the proposed project currently discharges to an existing
deficient sewer system or will create a deficiency in an existing sewer line,
the property owner/developer shall be required to guarantee mitigation of
the impact to adequately serve the area to the satisfaction of the City
En ineer and City Attorney's Office. The property owner/develo er shall
- 8 - PC2021-022
- 9 - PC2021-022
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
be required to install the sanitary sewer facilities, as required by the City
Engineer to mitigate the impacts of the proposed development based upon
the applicable sewer deficiency study, prior to acceptance for maintenance
of public improvements by the City or final building and zoning inspection
for the building/structure, whichever occurs first. Additionally, the property
owner/developer shall participate in the Infrastructure Improvement (Fee)
Program, if adopted for the project area, as determined by the City Engineer,
which could include fees, credits, reimbursements, or a combination thereof.
MMP No. 122
MM 5.13-4
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 project.
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
If construction activity is timed to occur during the nesting season (typically
planning and Building
between March 1 and July 1), developers will be required to provide focused
Department, Planning
surveys for nesting birds pursuant to California Department of Fish and
Services Division
Wildlife (CDFW) requirements. Such surveys shall identify avoidance
measures taken to protect active nests.
MMP No. 122
MM 5.3-3
13
All archaeological resources shall be subject to the provisions of CEQA
Planning and Building
(Public Resources Code) Section 21083.2.
Department, Planning
MMP No. 122
Services Division
MM 5.4-3
14
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.
- 9 - PC2021-022
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
15
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. Deep 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.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
16
To reduce potential traffic noise impacts that conflict with land use
planning and Building
compatibility, the following project design features shall be implemented
Department, Building
for the project:
• Mechanical ventilation systems such as air conditioning are required
Division
for all residential dwelling units so that windows can remain closed
for a prolonged period of time.
• The exterior wall assembly of all units facing and within 100 -feet of
the nearest travel lane of South Anaheim Boulevard shall meet or
exceed an assumed exterior wall assembly that includes fiber cement
board siding or three -coat cement plaster, one layer of 0.5 -inch -thick
plywood or OSB, 2 -inch x 4 -inch wood stud wall channels spaced at
16 inches and a minimum of R-19 fiberglass insulation, and one
layer of 5/8 -inch -thick Type X gypsum board. All windows for
residential dwelling units in noise -sensitive rooms directly facing
South Anaheim Boulevard shall have a minimum STC rating of 31.
All other windows for residential dwelling units in noise -sensitive
rooms shall have a minimum STC rating of 28. The Applicant shall
provide the information necessary for Planning and Building
Department staff to determine compliance.
17
Prior to issuance of each building permit, appropriate Traffic
Public Works,
Transportation Impact and Improvement Fees shall be paid by the property
Traffic Engineering
owner/developer to the 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.
MMP No. 122
MM 5.15-5
18
Prior to issuance of the first building permit and subject to nexus
public Works,
requirements, the property owner/developer shall irrevocably offer for
Traffic Engineering
_10- PC2021-022
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
dedication (with subordination of easements), including necessary
construction easements, the ultimate rights) -of -way as shown in the
Circulation Element of the Anaheim General Plan adjacent to their property.
MMP No. 122
MM 5.15-6
19
Prior to the issuance of a building permit, street improvement plans shall be
Public Works,
submitted to the Public Works Department — Traffic Engineering for review
Traffic Engineering
and approval of proposed signing and/or red curb painting on the south side
of Midway Drive adjacent to the project access. Signage and curb painting
modifications shall be installed per the approved plans and shall be
completed prior to the first final building and zoning inspection.
20
Prior to the issuance of a building permit, plans shall be submitted showing
Public Works,
stop control for northbound traffic direction at Zeyn Street/Midway Drive
Traffic Engineering
intersection and at the project driveway exit on Anaheim Boulevard. STOP
signs, STOP bars, and STOP pavement legends shall be located within the
subject property and be installed prior to the first final building and zoning
inspection. Subject property shall thereupon be developed and maintained
in conformance with said plans.
21
Prior to the issuance of a building permit, plans shall be submitted to replace
public Works,
the existing street name signs with private street name signs at Zeyn
Traffic Engineering
Street/Midway Drive intersection. Prior to the first final building and
zoning inspection, private street name sign shall be installed per City of
Anaheim Engineering Standard Details 425 and 426 and be located outside
of the public right-of-way. Subject property shall thereupon be developed
and maintained in conformance with said plans.
22
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:
a. A requirement that residents shall use designated parking
area, including garages, only for the parking of vehicles.
b. A provision that parking garages are subject to inspection by
the Association or City of Anaheim staff.
C. A provision requiring that proposed amendments to the
CC&Rs shall be submitted for review to the City Engineer,
Planning Director or designee, and shall be approved by the
City Attorney prior to the amendment being valid.
d. A provision that the City is a third -party beneficiary to the
CC&Rs and has the right, but not the obligation, to enforce
any of the provisions of the CC&Rs relative to common area
and utility maintenance, Water Quality Management Plan,
and internal parking.
- 11 - PC2021-022
NO.
CONDITIQNS OF APPROVAL
RESPONSIBLE
DEPARTMENT
23
The project driveway on Anaheim Boulevard shall be a right -turn m/out
only driveway. Prior to the issuance of a building permit, plans shall be
public Works, Traffic
submitted showing R3 -5(R) (RIGHT -TURN -ONLY) sign, R1-1 STOP
Engineering
sign, STOP pavement legend, and right -turn arrow pavement legend at the
project driveway. Subject property shall thereupon be developed and
maintained in conformance with said plans.
24
Record Parcel Map No. 2021-123 pursuant to the Subdivision Map Act and
in accordance with City Code. Provide a duplicate photo Mylar of the
Public Works,
Development Services
recorded map to the City Engineer's office.
25
Public Sewer Improvements to mitigate the deficiency on the segments on
the North Ifatella Sewer as identified on the Sewer Study dated May 6, 2021
public Works,
and further detailed in the South Central Anaheim Sewer Study (SCASS),
Development Services
shall be constructed, completed and operational prior to building permit
issuance.
26
Provide a pad and line & grade certification from a Registered Civil
Public Works,
Engineer, certifying that the building pad has been graded and compacted in
Development Services
accordance with the City a roved grading plan.
27
Submit an interim soils report indicating pad compaction and site stability
prepared by the projects Geotechnical Engineer of Record. The pad
public Works,
Development Services
compaction report needs to include a site plan showing the compaction
testing locations.
28
Provide a certificate, from a Registered Civil Engineer, certifying that the
public Works,
finished grading has been completed in accordance with the City approved
EadiLig plan.
Development Services
29
A Right of Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the public right-
of -way.
Development Services
30
All Landscape plans shall comply with the City of Anaheim adopted
Public Works,
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Development Services
with the State of California Model Water Efficient Landscape Ordinance
(AB 1881).
31
Prior to issuance of building permits, future projects shall demonstrate
public Utilities,
compliance with the following water conservation measures to the
Water Engineering
satisfaction of the Anaheim Public Utilities Department.
• Install a separate irrigation meter when the total landscaped area
exceeds 2,500 square feet. (City of Anaheim Water
PIanning and Building
Conservation Measures)
Department, Building
- Use of efficient irrigation systems such as drip irrigation
Division
systems and automatic systems that include moisture sensors.
(City of Anaheim Water Conservation Measures)
• Use of low -flow sprinkler heads in the irrigation system. (City
of Anaheim Water Conservation Measures)
• Use of water -conservation landscape plant materials, wherever
feasible. (City of Anaheim Water Conservation Measures)
• Low -flow fittings, fixtures, and equipment including low flush
-12- PC2021-022
- 13 - PC2021-022
RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
toilets and urinals. (City of Anaheim Water Conservation
Measures)
• Use of cooling tower and waterway recirculation systems. (City
of Anaheim Water Conservation Measures)
• Use of water efficient ice machines, dishwashers, clothes
washers, and other water using appliances. (City of Anaheim
Water Conservation Measures).
MMP No. 122
MM 5.13-1
32
All backflow equipment shall be located above ground outside of the street
setback area in a manner fully screened from all public streets and alleys.
public Utilities,
Any backflow assemblies currently installed in a vault will have to be
Water Engineering
brought up to current standards. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division
outside of the street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control Inspector.
33
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities,
well as any modifications, relocations, or abandonments of existing water
services, backflow equipment, and fire lines, shall be coordinated and
Water Engineering
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
34
All existing water services and fire services shall conform to current Water
Services Standards Specifications. Any water service and/or fire line that
Public Utilities,
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
Owner/Developer shall be responsible for the costs to upgrade or to abandon
any water service or fire line.
35
The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an
easement for all large domestic above -ground water meters and fire
Public Utilities,
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
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
36
The Owner/Developer shall submit a water system master plan, including a
public Utilities,
hydraulic distribution network analysis, for Public Utilities Water
Water Engineering
- 13 - PC2021-022
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
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 protectim requirements.
37
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.
38
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. -
39
Water improvement plans shall be submitted to the Water Engineering
public Utilities,
Division for approval and a performance bond in the amount approved by
Water Engineering
the City Engineer and farm approved by City Attorney shall be posted with
the City of Anaheim.
40
Prior to approval of permits for improvement plans, the property
public Utilities,
owner/developer shall coordinate with Electrical Engineering to establish
electrical service requirements and submit electric system plans, electrical
Electrical Engineering
panel drawings, site plans, elevation plans, and related technical drawings
andspecifications.
41
Fire sprinklers, fire alarm, and standpipes are required on this project
Fire Department
Community Risk
Reduction Division
42
Access to Rescue Windows and Other Required Openings All buildings
Fire Department
equipped with openings, as required by the Fire and Building Code shall be
Community Risk
provided with an approved direct access route from the fire access road to
Reduction Division
accommodate fire department operations. The access route shall be a
minimum of six (6) feet in width and be designed to accommodate a twenty-
one (2 1) foot fire department ladder. A clear area of at least eight (8) feet in
width shall be maintained free of permanent obstructions below all required
rescue windows to allow for fire department ladder placement. Show on
final landscaping plan that this condition will be met.
43
Provide a Fire Master Plan for review and approval prior to building permit
Fire Department
issuance. Plan shall include (but not be limited to) emergency vehicle site
Community Risk
access, water availability and fire flow requirements, any interior laddering
Reduction Division
requirements, and fire protection features like fire sprinklers and alarms.
-14- PC2021-022
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
44
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 approved by the City Engineer, Planning
Director and the City Attorney's office and recorded. Gates, if any, shall
comply with the current version of City of Anaheim Engineering Standard
Detail 475 and are subject to approval by the City Engineer.
45
The developer shall construct a 5-ft. sidewalk and 5-ft. parkway along
Public Works,
Anaheim Blvd and a 4ft. sidewalk and 7-ft. parkway along Midway Drive
Development Services
at the ultimate right of way, curb adjacent, or as approved by the City
Engineer. The proposed irrigation line and meter shall be connected to the
private main irrigation line.
46
The developer shall construct all improvements along the project's frontage
Public Works,
on Anaheim Blvd and Midway Drive. The improvements shall include but
Development Services
not limited to curb and gutter, pavement, driveway, ADA ramps, parkway
drains, install street lights, water meters removals, sewer improvements etc.
As determined and approved by the City Engineer.
47
All required on-site Water Quality Management Plan, sewer, storm drain,
Public Works,
and public right of way improvements shall be completed, operational, and
Development Services
are subject to review and approval by the Public Works inspector.
48
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
ins ection.
49
All remaining fees/deposits required by Public Works department must be
Public Works,
paid in full.
Development Services
50
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 En'neer.
51
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.
52
After building permits are issued. 2019 CFC §510 — Emergency responder
Fire Department
radio coverage (BDA/DAS) shall be submitted for plan review and
Community Risk
inspections. Project will completed and commissioned prior to building
Reduction Division
final inspections.
-15- PC2021-022
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
ON-GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS
53
The General Plan Circulation Element and associated Planned Roadway
Network Map (Figure C-1 of the General Plan), identifies those roadways
Public Works,
that are planned to accommodate current development and future growth
Traffic Engineering
established by the Land Use Element. Roadways will be constructed as
development occurs and as funding becomes available. In addition to the
roadways identified on the Planned Roadway Network Map, the
improvements identified in Table 5.4-7 will be necessary to maintain
acceptable levels of service within the anticipated theoretical buildout
identified in the General Plan.
MMP No. 122A
MM 515-5
54
Owner/Developer shall install an approved backflow prevention assembly
Public Utilities
on the water service connection(s) serving the property, behind property line
and building setback in accordance with Public Utilities Department Water
Water Engineering
Eng!neering Division requirements.
55
Removal of nonnative trees shall be permitted only outside the nesting
Planning and Building
season.
MMP No. 122.
Department, Planning
MM 5.3-4
Division
GENERAL
56
File Emergency Listing Card, Form APD -281, with the Police Department,
Anaheim Police
available at the Police Department front counter. This card should include
on and off site property management contact information for regular
Department
business hours as well as emergency after hours contacts.
57
In order to facilitate the efficient and rapid access by emergency vehicles
Anaheim Police
and personnel, all electrically operated gates providing emergency vehicle
access to any hotel or residential facility/community development with more
Department
than 20 (twenty) rooms/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.
58
Numbers should face the street to which the structure is addressed.
Anaheim police
Numbers are not to be visible from ground level. A complex map shall be
Department
provided in electronic form to the Anaheim Police Department.
59
"No Trespassing 602(k) P.C." posted at the entrances of parking
Anaheim Police
lots/structures and located in other appropriate places (i.e., Resident
Department
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.
60
All entrances to parking areas should be posted with appropriate signs per
22658(a) C.V.C, to assist in removal of vehicles at the property
Anaheim Police
Department
owner's/manager's request.
-16- PC2021-022
NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT
61
62
Security Measures:
1. Residential buildings/units shall be pre -wired for the future
installation of an alarm system.
2. Closed circuit television (CCTV) security cameras are
recommended, with the following coverage areas:
• Clubroom (Leasing Office, Lobby, Amenities, etc.)
• Pool Area
3. If security cameras are not monitored, signs indicating so should be
placed at each camera.
4. CCTV monitors and recorders should be secured in a separate
locked compartment to prevent theft of, or tampering with, the
recording.
S. With advances in technology, digital and wireless CCTV security
systems are readily available and highly recommended over older
VHS or "Tape" recording systems.
6. CCTV recordings should be kept for a minimum of 30 days before
being deleted or recorded over.
Addressing:
1. Each individual building should be clearly marked with its
appropriate address. These should be positioned so they are easily
viewed from vehicular and pedestrian pathways throughout the
complex. Main building numbers should be a minimum height of
12" and illuminated during the hours of darkness.
2. Address numbers shall be positioned so as to be readily readable
from the street. Numbers should be illuminated during hours of
darkness.
3. Rooftop address/unit numbers for the police helicopter. Minimum
size 4' in 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.
Anaheim Police
Department
Anaheim Police
Department
-17- PC2021-022
- 18 - PC2021-022
i
RESPONSIBLE
NO. CONDITIONS OF APPROVAL
DEPARTMENT
63 Doors.
Anaheim Police
1. All exterior doors to have adequate security hardware, e.g, deadbolt
Department
locks.
2. The locks shall be so constructed that both the deadbolt and
deadlocking latch can be retracted by a single action of the inside
doorknob/lever/turn piece.
3. Wide-angle peepholes or other viewing device should be designed
into all dwelling -unit front doors and all solid doors where exterior
visibility is com romised.
64 Lighting,
Anaheim Police
1. Monument signs and addresses shall be well lighted during hours
Department
of darkness.
2. Adequate lighting of parking lots and associated carports,
circulation areas, 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
65 Landscaping_
Anaheim Police
1. Landscaping shall be of the type and situated in locations to
Department
maximize observation while providing the desired degree of
aesthetics. Security planting materials are encouraged along fence
and property lines and under vulnerable windows.
2. Trees should not be planted close enough to the structure to allow
easy access to the roof, or should be kept trimmed to make
climbing difficult.
66 Line of sight/natural surveillance:
Anaheim Police
1. Common rooms, such as gym facilities, recreation areas, laundry
Department
rooms, conference rooms, etc., should have transparent doors, have
view panels installed in solid doors, or have a window installed next
to the door for increased visibility into the room.
2. Doorways, alcoves, etc., should not be recessed to the extent that a
place is created for a person to stand and go unobserved.
- 18 - PC2021-022
NO. CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
67 FencinWaccess control:
Anaheim Police
1. Perimeter fencing should be utilized whenever possible to enhance
Department
territorial reinforcement and create defensible space. It should be
an open design, utilizing materials such as wrought iron or tubular
steel to maintain natural surveillance.
2. Decorative pavers should be used at all vehicular access points to
enhance territorial reinforcement.
68 Parking lots/garage alley
Anaheim Police
1. Minimum recommended lighting level in all parking lots in 0.5
Department
foot-candle maintained, measured at the parking surface, with a
maximum to minimum ratio no greater than 15:1.
69 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
Electrical Engineering
shown on the approved utility service plan.
70 Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
71 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.
72 No public water main or public water facilities shall be installed in private
public Utilities,
alleys or paseo areas.
Water Engineering
73 No public water mains or laterals allowed under parking stalls or parking
public Utilities,
lots.
Water Engineering
All fire services 2 -inch and smaller shall be metered with a UL listed meter,
Public Utilities,
Hersey Residential Fire Meter with Translator Register, no equals.
Water Engineering
_19- PC2021-022
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
75
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 plans, etc.
76
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.
77
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 litigation, including
without limitation attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
78
All new landscaping shall be installed in conformance with Chapter 18.46
"Landscape
planning and Building
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
-20- PC2021-022