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RES-2021-092RESOLUTION NO. 2021-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING PROPOSED CONDITIONAL USE PERMIT NO. 2020-06094 (DEV2020-00180) (2323 WEST BROADWAY) WHEREAS, the City Council of the City of Anaheim (the "City Council") did receive a verified petition for Conditional Use Permit No. 2020-06094 to permit the construction of a residential development consisting of 112 single-family residential units with modified development standards, i.e., a reduction in the building to building setbacks of the "RM -3" Multiple -Family Residential zone, on that certain real property located at 2323 West Broadway in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, Conditional Use Permit No. 2020-06094 is proposed in conjunction with (i) General Plan Amendment 2020-00533 to change the land use designation from "Schools" to "Low -Medium Density Residential," (ii) Reclassification No. 2020-00335 to reclassify the property from "T" Transition zone to "RM -3" Multiple -Family Residential zone, (iii) Tentative Tract Map No. 19137 to permit a 1 -lot, 112 unit attached single-family residential subdivision of the Property for condominium purposes, and (iv) approval of a Development Agreement No. 2021- 00001 to provide the Developer a vested right to develop the Project in accordance with General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Tentative Tract Map No. 19137 and Conditional Use Permit No. 2020-06094 for the term of the Development Agreement, and in return the developer would provide funding for City's affordable housing programs. General Plan Amendment No. 2020-00533, Reclassification No. 2020-00335, Conditional Use Permit No. 2020-06094, Tentative Tract Map No. 19137, and Development Agreement No. 2021-00001, and the Project shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, a single-family attached residential development within the "RM -3" Multiple - Family Residential zone is subject to the approval by the Planning Commission of a conditional use permit pursuant to Subsection .010 of Section 18.06.030 (Uses). Pursuant to Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in Section 18.06.0090 (Structural Setbacks) of Chapter 18.06 (Multiple -Family Residential Zones) may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. If approved, Conditional Use Permit No. 2020-06094 will permit the reduction in minimum building to building setback requirements of the "RM -3" Multiple -Family Residential zone; and WHEREAS, the Property is approximately 6.96 acres in size, and is currently vacant. The project site is located in the "T" Transition zone, and is designated for Schools land uses by the General Plan; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California -1- 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, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20 -day public/responsible agency review on June 24, 2021, and was also made available for review on the City's website at www.anaheim.net. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the Planning and Building Department of the City located on the First Floor of City Hall at 200 South Anaheim Boulevard., Anaheim, California; at the Anaheim Public Library, Central Library at 500 West Broadway, Anaheim, California. Copies of said document were also available for purchase; and WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration did not include a development agreement. However, the applicant has proposed a development agreement to provide for a voluntary contribution of $1,000 per unit to the City's affordable housing programs. Subsequently, the public hearing notice included the proposed Development Agreement No. 2021- 00001. The subject development agreement would not cause any significant impacts to the environment; therefore, the environmental document did not need to be recirculated for review; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 378"); and WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim on August 16, 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 (Procedures) of the Code, to hear and consider evidence for the Mitigated Negative Declaration and to hear and consider evidence for and against the Proposed Project and related actions, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by motion, the Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures contained in MMP No. 378, and recommended that the City Council approve and adopt the Mitigated Negative Declaration and MMP No. 378; and -2- WHEREAS, after due inspection, investigation and study made by itself, and in its behalf, and after due consideration of, and based upon, all evidence and reports offered at said hearing relating to Proposed Project, the Planning Commission, by motion, recommended that the City Council approve Conditional Use Permit No. 2020-06094, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of (1) a resolution approving General Plan Amendment No 2020-00533; (2) an ordinance approving and adopting Reclassification No. 2018-00316; (3) a resolution approving Tentative Tract map No. 19137; and (4) an ordinance approving Development Agreement No. 2021-00001; and WHEREAS, upon receipt of Planning Commission recommendation, made by motion, the City Council did fix the 2 8 day of septi 2 02 1, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and the Mitigated Negative Declaration and for the purpose of considering evidence for and against the Proposed Project and the Mitigated Negative Declaration, and did give notice thereof in the manner and as provided by law; and WHEREAS, pursuant to Subsection .030 (Modifications of Other Standards) of Section 18.06.160 (Residential Planned Unit Development), this City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to Conditional Use Permit No. 2020-06094: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code as the Low -Medium Density Residential General Plan designation allows for residential development of this type; 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located as the project was carefully designed to take into consideration the surrounding land uses and to ensure that the project would be compatible these land uses; 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety as the project meets the density allowed in the Low -Medium Density General Plan land use designation; 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim, and; WHEREAS, the City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including -3- testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the City Council does hereby approve and adopt Conditional Use Permit No. 2020-06094, contingent upon and subject to: (1) adoption of a resolution approving General Plan Amendment No. 2020-00533; (2) the adoption by the City Council of an ordinance approving and adopting Reclassification No. 2020-00335; (3) adoption of a resolution approving Tentative Tract Map No. 19137; and (4) adoption of an ordinance approving Development Agreement No. 2021-00001, all of which entitlements are now pending; and the mitigation measures set forth in MMP 378, and the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. NOW, THEREFORE, BE IT RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -4- THE FOREGOING RESOLUTION was adopted by the City Council of the City of Anaheim this 28 day of September , 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia, and O'Neil NOES: Tone ABSENT: None ABSTAIN: Council Member Moreno ATTEST: CITY OF ANAHEIM E CITY OFANAHEIM CL RK OF THE CITY OF ANAHEIM -5- EXHIBIT "A" DEV NO. 2020-00180 APN: 127-051-43 CL � z O 0 a � a � i V) W CAN" PY LN 455' W TRANSIT AVE w W z w OV fND cm Ln W MALL AVE 455' WBROADWAY j........................ N ~ H o: Lnu W } z m 3 W z VI W O W W MESSERSMITH AVE f) o®o Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2020-06094 (DEV2020-00180) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA GRADING PERMIT 1 The applicant shall prepare and submit a final grading plan showing Public Works building footprints, pad elevations, finished grades, drainage routes, Department, retaining walls, erosion control, slope easements and other pertinent Development Services information in accordance with Anaheim Municipal Code and the Division California Building Code, latest edition. 2 The applicant shall prepare and submit a final drainage study, including Public Works supporting hydraulic and hydrological calculations to the City of Anaheim Department, for review and approval. The study shall confirm or recommend changes a Development Services to the City's adopted Master Drainage Plan by identifying off-site and on- Division 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 applicant shall execute a Save Harmless Agreement with the City of Public Works Anaheim for any storm drain connections to the City's storm drain system. Department, The agreement shall be recorded by the applicant on the property prior to Development Services the issuance of any permits. Division 4 The applicant shall obtain the required coverage under California's Public Works General Permit for Stormwater Discharges associated with Construction Department, Activity by providing a copy of the Notice of Intent (NOI) submitted to Development Services the State Water Resources Control Board and a copy of the subsequent Division notification of the issuance of a Waste Discharge Identification (WDID) number. -7- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The applicant shall prepare a Stormwater Pollution Prevention Plan Public Works (SWPPP). The SWPPP shall be kept at the project site and be available Department, for Public Works Development Services Division review upon request. Development Services Division 6 The applicant shall submit a Water Quality Management Plan (WQMP) Public Works to the City for review and approval. The WQMP shall be consistent with Department, the requirements of Section 7 and Exhibit 7.I1 of the Orange County Development Services Drainage Area Management Plan (DAMP) for New Division Development/Significant Redevelopment projects. The WQMP shall identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 7 The applicant shall submit a Geotechnical Report to the Public Works Public Works Development Services Division for review and approval. The report shall Department, address grading and any proposed infiltration features of the WQMP. Development Services Division 8 The Owner/Developer shall submit a set of improvement plans for Public V Public Utilities Water Utilities Water Engineering review and approval in determining the Engineering conditions necessary for providing water service to the project. 9 SC AQ -1: Dust Control. During construction, construction contractors Planning and Building shall comply with South Coast Air Quality Management District's (South Department, Coast AQMD's) Rules 402 and 403 to minimize construction emissions of Planning Services dust particulates. South Coast AQMD Rule 402 requires that air pollutant Division emissions of dust and particulates. South Coast AQMD Rule 402 requires that air pollutant emissions not be a nuisance off site. Rule 402 prohibits the discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. SCAQMD Rule 403 requires that fugitive dust be controlled with Best Available Control Measures so that the presence of such dust does not NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT remain visible beyond the property line of the emission source. This rule is intended to reduce PM10 emissions from any transportation, handling, construction, or storage activity that has the potential to generate fugitive dust. This requirement shall be included as notes on the contractor specifications. Table 1 of Rule 403 lists the Best Available Control Measures that are applicable to all construction projects. The measures include, but are not limited to, the following: a. Portions of a construction site to remain inactive longer than a period of three months will be seeded and watered until grass cover is grown or otherwise stabilized. b. All on-site roads will be paved as soon as feasible or watered periodically or chemically stabilized. c. All material transported off site will be either sufficiently watered or securely covered to prevent excessive amounts of dust. d. The area disturbed by clearing, grading, earthmoving, or excavation operations will be minimized at all times. Where vehicles leave a construction site and enter adjacent public streets, the streets will be swept daily or washed down at the end of the workday to remove soil tracked onto the paved surface. 10 SC AQ -2: Architectural Coatings. South Coast Air Quality Management Planning and Building District (South Coast AQMD) Rule 1113 requires manufacturers, Department, distributors, and end-users of architectural and industrial maintenance Planning Services coatings to reduce reactive organic gas (ROG) emissions from the use of Division these coatings, primarily by placing limits on the ROG content of various coating categories. Architectural coatings shall be selected so that the volatile organic compound (VOC) content of the coatings is compliant with South Coast AQMD Rule 1113. This requirement shall be included as notes on contractor specifications. 11 SC BIO -1: Nesting Migratory Birds. During construction, grubbing, Planning and Building brushing, or tree removal shall be conducted outside of the state identified Department, nesting season for migratory birds (i.e., typically March 15 through Planning Services September 1), if possible. If construction activities cannot be conducted Division outside of nesting season, a Pre -Construction Nesting Bird Survey within and adjacent to the project site shall be conducted by a qualified biologist within three days prior to initiating construction activities. If active nests are found during the Pre -Construction Nesting Bird Survey, a Nesting Bird Plan (NBP) shall be prepared by a qualified biologist and implemented during construction. At a minimum, the NBP shall include guidelines for addressing active nests, establishing buffers, monitoring, and reporting. The size and location of all buffer zones, if required, shall be based on the nesting species, nesting sage, nest location, its sensitivity to disturbance, and intensity and duration of the disturbance activity. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 MM CR -1: Prior to issuance of any permit for ground -disturbing activities, Planning and Building the Applicant shall provide evidence to the City of Anaheim Planning Department, Department that a qualified professional (i.e., archaeologist, historian, Planning Services architect, paleontologist, Native American Tribal monitor), has been Division retained. The selection of the qualified professional(s) shall be subject to the City's acceptance. In the event that cultural resources (archaeological, historical, paleontological) are inadvertently unearthed during project excavation and grading activities, the contractor shall immediately cease all earth -disturbing activities within a 100 -foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of action. If avoidance of the resource(s) is not feasible, salvage operation requirements pursuant to State CEQA Guidelines §15064.5 shall be followed. After the find has been appropriately avoided or mitigated, work in the area may resume. 13 MM GEO-1: Prior to the issuance of grading permits, the City shall review Public Works all project plans for grading, foundation, structural, infrastructure, and all Department, other relevant construction permits to ensure compliance with the Development Services Geotechnical and Infiltration Evaluation recommendations. Division G. 14 MM GEO-2: Prior to the issuance of the first grading permit or permit for Planning and Building ground disturbance activities, the Applicant shall provide evidence to the Department, City of Anaheim Planning and Building Department that the Applicant has Planning Services retained a qualified professional paleontologist. The selection of the Division qualified professional(s) shall be subject to City acceptance. In the event that paleontological are inadvertently unearthed during excavation and grading activities of any future development project, the contractor shall immediately cease all earth -disturbing activities within a 100 -foot radius of the area of discovery. The qualified professional shall be contacted to evaluate the significance of the finding and recommend an appropriate course of action. If avoidance of the resource(s) is not feasible, the Applicant shall follow salvage operation requirements pursuant to State CEQA Guidelines § 15064.5. After the Applicant has appropriately avoided or mitigated the find, work in the area may resume. 15 MM N-1: The Applicant shall ensure through contract specifications that Planning and Building construction best management practices (BMPs) are implemented by Department, contractors to reduce construction noise levels. Contract specifications Planning Services shall be included in construction documents, which the City shall review Division prior to issuance of any grading or building permit. The construction BMPs shall include the following: • Ensure that construction equipment is properly muffled according to industry standards and be in good working condition. • Place noise -generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. -10- NO. I CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 • Use electric air compressors and similar power tools rather than diesel equipment, where feasible. • Turn-off construction -related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, when not in use for more than 5 minutes. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate, take appropriate corrective action, and report the action taken to the reporting party. MM TCR -1: Prior to commencement of any grading and/or construction activity, the Project Applicant shall retain a Native American Monitor from the Juaneno Band of Mission Indians Acjachemen Nation — Belardes (Tribal Monitor) and a copy of the executed contract shall be submitted to the City of Anaheim Planning and Building Department. The Juaneno Band of Mission Indians Acj achemen Nation — Belardes Tribal Monitor will only be present on-site during the construction phases that involve ground - disturbing activities within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Juaneno Band of Mission Indians Acjachemen Nation — Belardes Tribal Monitor will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor from the Juaneno Band of Mission Indians Acjachemen Nation — Belardes have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Juaneno Band of Mission Indians Acjachemen Nation — Belardes Tribal monitor. If the resources are Native American in origin, the Juaneno Band of Mission Indians Acjachemen Nation — Belardes Tribal Representative shall coordinate with the Project Applicant regarding treatment and curation of these resources. Typically, the Juaneno Band of Mission Indians Acjachemen Nation — Belardes will request reburial or preservation for educational purposes. Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (State CEQA Guidelines §15064.5[fJ). If a resource is determined by the Qualified archaeologist to constitute a "historical -11- Planning and Building Department, Planning Services Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines §15064.5(f) for historical resources and PRC §21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. 17 MM TCR -2: Prior to commencement of any grading and/or construction Planning and Building activity, the Project Applicant shall retain a Native American Monitor from Department, the Gabrieleno Band of Mission Indians — Kizh Nation (Tribal Monitor) Planning Services and a copy of the executed contract shall be submitted to the City of Division Anaheim Planning and Building Department. The Gabrielefio Band of Mission Indians — Kizh Nation Tribal Monitor will only be present on-site during the construction phases that involve ground -disturbing activities within undisturbed native sediments. Ground disturbing activities may include, but are not limited to, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project site. The Gabrielefio Band of Mission Indians — Kizh Nation Tribal Monitor will complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor from the Gabrieleno Band of Mission Indians — Kizh Nation have indicated that the Project site has a low potential for impacting archaeological or tribal cultural resources. Upon discovery of any archaeological or tribal cultural resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All archaeological and/or tribal cultural resources unearthed by project construction activities shall be evaluated by the qualified archaeologist and Gabrieleno Band of Mission Indians — Kizh Nation monitor. If the resources are Native American in origin, the Gabrieleno Band of Mission Indians — Kizh Nation Tribal Representative shall coordinate with the Project Applicant regarding treatment and curation of these resources. Typically, the Gabrielefio Band of Mission Indians — Kizh Nation will request reburial or 1)reservation for educational -12- NO. ; CONDITIONS OF APPROVAL purposes. Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (State CEQA Guidelines §15064.5[f])., If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with State CEQA Guidelines §15064.5(f) for historical resources and PRC §21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in •place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County, the Copper Center, or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. PRIOR TO THE ISSUANCE OF ANY B UILDING PERMITS 11% The applicant shall submit plans indicating the following: a. Obscured glass windows and awnings above window openings shall be installed at all third -story windows on the north elevation of buildings located adjacent to the northern property line (facing the Cantada Square HOA); b. An 8 -foot decorative masonry wall shall be provided along the entire length of the north property line; c. 50 percent of all new trees planted adjacent to the north property line shall be a minimum of 20 feet tall at time of planting. d. The louvered architectural element at the front of the recreation building facing Broadway shall be removed. Building elevations shall match the architectural elements and style of the residential Prior to the issuance of a building permit, the applicant shall submit draft Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an 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. -13- RESPONSIBLE DEPARTMENT Planning and Building Department, Planning Services Division Public Works Department, Traffic Engineering Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 20. Prior to the issuance of building permits, street improvement plans shall be Public Works submitted to the Public Works Department — Traffic Engineering for Department, review and approval of proposed signing and/or red curb painting on the Traffic Engineering north side of Broadway adjacent to the project accesses. Signage and curb Division painting modifications shall be installed per the approved plans and shall be completed prior to the first final building and zoning inspection. 21 Prior to the issuance of building permits, plans shall be submitted showing Public Works stop control for southbound traffic direction at . the Project Department, Driveway/Broadway intersection. STOP signs, STOP bars, and STOP Traffic Engineering pavement legends shall be located within the subject property and be Division installed prior to the first final building and zoning inspection. Subject property shall thereupon be developed and maintained in conformance with said plans. 22 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided by the applicant and shown on plans Department, submitted to the Water Engineering Division of the Anaheim Public Water Engineering Utilities Del)artment. Division 23 Per California Water Code, Division 1, Chapter 8, Article 5, Section 537- Public Utilities 537.5) as amended by Senate Bill 7, water submetering shall be furnished Department, and installed by the Owner/Developer and a water submeter shall be Water Engineering installed to each individual unit. Provisions for the ongoing maintenance Division and operation (including meter billing) of the submeters shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 24 The applicant shall provide all backflow equipment located above ground Public Utilities outside of the street setback area in a manner fully screened from all public Department, streets and alleys. Any backflow assemblies currently installed in a vault Water Engineering will have to be brought up to current standards by the applicant. Any other Division large water system equipment shall be installed by the applicant 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 by the applicant and approved by Water Engineering and Cross Connection Control Inspector. All requests for new water services, backflow equipment, or fire lines, as Public Utilities 25 well as any modifications, relocations, or abandonments of existing water Department, -14- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted by the applicant through Water Engineering Division of the Division Anaheim Public Utilities Department. 26 All existing water services and fire services shall conform to current Water Public Utilities Services Standards Specifications. Any water service and/or fire line that Department, does not meet current standards shall be upgraded by the applicant if Water Engineering continued use is necessary or abandoned if the existing service is no longer Division needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 27 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an Public Utilities easement for all large domestic above -ground water meters and fire Department, hydrants, including a five (5) -foot wide easement around the fire hydrant Water Engineering and/or water meter pad. (ii) a twenty (20) foot wide easement for all water Division service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during, any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 28 The Owner/Developer shall submit a water system master plan, including Public Utilities a hydraulic distribution network analysis, for Public Utilities Water Department, Engineering review and approval. The master plan shall demonstrate the Water Engineering adequacy of the proposed on-site water system to meet the project's water Division demands and fire protection requirements. 29 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and Department, maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water Division system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 30 Water improvement plans shall be submitted by the applicant to the Water Public Utilities Engineering Division for approval and a performance bond in the amount Department, approved by the City Engineer and form approved by City Attorney shall Water Engineering be posted with the CAy of Anaheim. Division 31 Individual water service and/or fire line connections shall be provided by Public Utilities the applicant for each parcel or residential, commercial, industrial unit per Department, Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. -15- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Water Engineering Division Prior to approval of permits for improvement plans, the property Public Utilities, 32 owner/developer shall coordinate with Electrical Engineering to establish Electrical Engineering electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings andspecifications. 33 Emergency vehicular access shall be provided and maintained by the Anaheim Fire & applicant in accordance with Fire & Rescue Specifications and Rescue Requirements. All emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities; permeable pavers and turf block are not approved for use at this time. The applicant shall submit compaction report in order to verify that pavers can support the required load. Grasscrete shall not be used for any portion of the Fire department access road. 34 Access to Rescue Windows and Other Required Openings: All buildings Anaheim Fire & equipped with openings, as required by the Fire and Building Code shall Rescue be provided by the applicant with an approved direct access route from the fire access road to accommodate fire department operations. The applicant shall provide plans showing the access route with a minimum of six (6) feet in width and designed to accommodate a twenty-one (21) foot fire department ladder. A clear area of at least eight (8) feet in width shall be maintained by the applicant free of permanent obstructions below all required rescue windows to allow for fire department ladder placement. The applicant shall show a landscaping plan will meet this rekluirement 35 The applicant shall provide all backflow equipment located above ground Public Utilities outside of the street setback area in a manner fully screened from all public Department, streets and alleys. Any backflow assemblies currently installed in a vault Water Engineering will have to be brought up to current standards by the applicant. Any other Division large water system equipment shall be installed by the applicant 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 by the applicant and approved by Water Engineering and Cross Connection Control Inspector. 36 Any/all existing easements that are shown/noted to be abandoned shall be ' Public Works abandoned and the applicant shall have abandonment document recorded. Department, Development Services Division 37 The applicant shall record Tract Map No. 19137 pursuant to the Public Works Subdivision Map Act and in accordance with City Municipal Code. Department, Exception: Permits for models may be issued prior to recordation. Provide Development Services a duplicate photo Mylar of the recorded map to the City Engineer's office. I Division -16- NO. I CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 38 Subject to prior approval by City Engineer, a cash -in -lieu payment based Public Works on the engineer's cost estimate, in an amount determined by the City Department, Engineer, shall be paid by the applicant to the City of Anaheim for future Development Services street widening along Broadway. t Division 39 The applicant shall obtain a Right -of -Way Construction Permit (RCP) Public Works from the Development Services Division and post a security for Department, construction of all required public improvements within street right -of- Development Services way. Division 40 The applicant shall provide a certificate from a Registered Civil Engineer Public Works certifying that the finished grading has been completed in accordance Department, with the City approved grading plan. Development Services Division 41 The applicant shall provide site landscape plans that comply with the City Public Works of Anaheim adopted Landscape Water Efficiency Guidelines. This Department, ordinance is in compliance with the State of California Model Water Development Services Efficient Landscape Ordinance (AB 1881). Division 42 The owner/developer shall verify whether a single feed for fire service is Public Utilities adequate enough to provide the required fire flows as determined by Department, Anaheim Fire Department for private fire hydrants. A fire flow test and Water Engineering hydraulic network analysis may be required. If there is not adequate fire Division flow from a single feed, an additional fire service connection shall be installed by the applicant. PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 43 Prior to connection of electrical service, the legal owner shall provide to the Public Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on Electrical Engineering the approved utility service plan. 44 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 45 All public improvements shall be constructed by the developer/applicant, Public Works inspected and accepted by Construction Services prior to final building and Department, zoning inspection. Development Services Division 46 All remaining fees/deposits required by Public Works department must be Public Works paid in full by the applicant. Department, Development Services Division -17- NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 47 The applicant shall set all Monuments in accordance with the final map and Public Works submit all centerline ties to Public Works Department. Any monuments Department, damaged as a result of construction shall be reset to the satisfaction of the Development Services Cit\ Engineer. Division 48 Prior to final building and zoning inspections, the applicant shall have all Public Works required WQMP items inspected and operational. Department, Development Services Division 49 Prior to final building and zoning inspections, the applicant shall have all Public Works required WQMP items inspected and operational. Department, Development Services Division 50 Prior to Final Building and Zoning Inspections, the property Public Works owner/developer shall execute and record with the Orange County Department, Recorder an unsubordinated declaration of Covenants Conditions and Traffic Engineering Restrictions (CC&Rs) to run with the land, satisfactory to the City Division 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 b% the City Engineer. � 51 The Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, behind Department, property line and building setback in accordance with Public Utilities Water Engineering Department Water Engineering Division requirements. Division 52 The applicant shall install a UL listed meter, Hersey Residential Fire Public Utilities Meter with Translator Register (no equals), for all fire services 2 -inch Department, and smaller. Water Engineering Division ON-GOING DURING OPERATIONS 53 All new landscaping shall be installed by the applicant in conformance Planning and Building with Chapter 18.46 "Landscape and Screening" of the Anaheim Department, Municipal Code and shall be maintained in perpetuity. Landscaping shall Planning Services be replaced by the applicant in a timely manner in the event that it is Division removed, damaged, diseased and/or dead. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 54 The applicant shall maintain trees in good health in perpetuity along the Planning and Building easterly property line to provide adequate screening and privacy from Department, adjacent property, in accordance with the approved landscape plan. Planning Services Division 55 Vehicle gates shall not be installed across the project driveways or access Public Works roads by the owner/applicant, as the site design does not allow any such Department, gates to conform to City of Anaheim Engineering Standard Detail 475 Traffic Engineering pertaining to gate set back distance, turnaround area, guest phone, Division 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. 56 The Owner shall be responsible for restoring any special surface Public Utilities Water improvements, other than asphalt paving, within any right-of-way, public Engineering utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. GENERAL 57 A minimum of two connections to public water mains and water Public Utilities Water looping inside the project are required. Engineering 1. The following minimum horizontal clearances shall be maintained by Public Utilities Water 58 the owner/applicant between proposed water main and other facilities: Engineering a. 10 -feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals b. 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric c. 6 -feet minimum separation from curb face d. 10 -feet minimum separation from structures, footings, and trees. 2. The following minimum clearances shall be provided by the owner/applicant around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): a. 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. b. 5 feet from driveways, BCWECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc:) or above ground facilities. -19- NO. I CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 59 The applicant shall not install public water main or public water facilities Public Utilities Water in private alleys or paseo areas. Engineering 60 The applicant shall not install public water mains or laterals under parking Public Utilities Water stalls or parking lots. Engineering 61 62 Conditions of approval related to each of the timing milestones above shall be prominently displayed by the applicant on plans submitted for permits. For example, 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 plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. The applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such -20- Planning and Building Department, Planning Services Division CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2021-092 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of September, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Valencia and O'Neil NOES: None ABSTAIN: Council Member Moreno ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of October, 2021- f (SEAL) CITY CLIERK OF THE CITY OF ANAHEIM