RES-2023-013RESOLUTION NO. 2023-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AND ADOPTING PROPOSED
CONDITIONAL USE PERMIT
(DEV2021-00195)
(2219 WEST ORANGE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a General Plan Amendment, Reclassification,
Conditional Use Permit, and Tentative Tract Map No. 19192 (collectively known as "Development
Application No. 2021-00195"), to construct 24 residential units, with 10-percent of the units
affordable to moderate income buyers (the "Proposed Project"), for that certain real property
located at 2219 West Orange Avenue in the City of Anaheim, County of Orange, State of
California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the "Property"); and
WHEREAS, the Conditional Use Permit is proposed in conjunction with (i) General Plan
Amendment to change the land use designation on a portion of the Property from "Corridor
Residential" to "Low -Medium Density Residential," (ii) Reclassification to reclassify a portion of
the property from "T" Transition to the "RM-3" Multiple -Family Residential zone, (iii) and
Tentative Tract Map No. 19192 to permit a two -lot, 24-unit residential subdivision of the Property
for condominium purposes; and
WHEREAS, single-family, attached dwelling developments within the "RM-3" Multiple -
Family Residential zone are subject to the approval of a conditional use permit by the Planning.
Commission pursuant to Table 6-A of Section 18.06.030 (Uses). Pursuant to subsection .030 of
Section 18.06.160 (Residential Planned Unit Development), the minimum setbacks set forth in
Section .090 of Chapter 18.06 (Multiple -Family Residential Zones) may be modified in order to
achieve a good project design, privacy, livability, and compatibility with surrounding uses. If
approved, the Conditional Use Permit will permit the reduction in building -to -building setbacks
and interior setbacks; and
WHEREAS, the Planning Commission did hold a public hearing in the City of Anaheim
on January 18, 2023, 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 Anaheim Municipal Code
"Code", to hear and consider evidence and testimony for and against the Proposed Project and
Mitigated Negative Declaration, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, after due inspection, investigation and study made by itself, and in its behalf,
and after due consideration of, and based upon, all evidence and reports offered at said hearing
relating to Proposed Project, the Planning Commission, by motion, recommended that the City
Council approve said Conditional Use Permit, 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; (2) an
ordinance approving and adopting Reclassification; and (3) a resolution approving Tentative Tract
Map No. 19192; and
WHEREAS, upon receipt of Planning Commission recommendation the City Council did
fix the 28 h day of February, 2023, 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, by Resolution No. 2023- 011 , considered and approved by the City Council
concurrently with but prior in time to consideration of this resolution, the City Council found and
determined that (i) the Mitigated Negative Declaration was prepared for the Proposed Project in
compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's CEQA
Procedures; and (ii) the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 386
is the appropriate environmental documentation for the Proposed Project; as found and
recommended by the Planning Commission in Resolution No. 2023-002.
WHEREAS, pursuant to Subsection .050 (Findings) 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 said Conditional Use Permit:
1. The uses within the project are compatible with the surrounding land uses.
2. New buildings or structures related to the project are compatible with the scale, mass,
bulk, and orientation of existing buildings in the surrounding area. The surrounding buildings
include residential and commercial uses. The proposed three-story buildings would be setback 41-
feet from the adjacent single-family zone and six -feet from the adjacent church property (on the
project site, Lot 1 of Tentative Tract Map No. 19192); further, the existing church building is
located an additional 70-feet from the proposed interior property line separating Lots 1 and 2 of
Tentative Tract Map No. 19192. The placement of 24 new dwelling units will be compatible with
the surrounding residential structures and with neighborhood -scale businesses.
3. Vehicular and pedestrian access are adequate because the project entry has been
designed in accordance with City standards. Additionally, a 26-foot-wide drive aisle will provide
garage access for 24 units. A gated emergency ingress/egress would also be provided at the
northwest corner of Lot 2. An accessible path of travel will provide connectivity to all community
amenities and both public streets. The project is designed to provide a public sidewalk and
landscaped parkway to contribute to the pedestrian orientation of the area, encourage walkability,
and promote community interaction.
4. The Project is consistent with any adopted design guidelines applicable to the Property
because the project will consist of six buildings with two architectural styles. The project
incorporates a variety of rooflines, wall articulation, porches, balconies, window treatments, and
varied colors and building materials on all elevations. The buildings will have a maximum height
-2-
of 37'-6" and be set back 41-feet from the adjacent single-family residential zone and six -feet from
the adjacent church property. Common open space amenities will include a shade structures,
barbeques, tables and chairs, lawn areas, and fire pits. Private areas would include decks and
ground floor patios at some of the units.
5. The size and shape of the site proposed for the Project is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area because Lot 2
would have a gross lot size of 1.3-acres, which would allow for up to 18 dwelling units per acre
under the "RM-3" Multiple -Family Residential zone. The proposed project provides 18.47
dwelling units per acre permissible through the five percent density bonus allowed pursuant to
Section 18.52.040 (General Density Bonus) and meets the parking requirements. With the
exception of building -to -building and interior setbacks, the development will comply with all other
development standards of the "RM-3" Multiple -Family Residential zone.
6. The traffic generated by the project will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because a trip generation
memo and VMT analysis were prepared for the project, reviewed, and approved by the City's
Public Works Department. The trip generation memo demonstrated that the proposed project will
not exceed the thresholds to require a Traffic Impact Study. Projects that are below the threshold
are not considered to create generate vehicle traffic that would impact the local roadways.
7. The Project will comply with the General Plan and zoning for the property because the
proposed Reclassification to "RM-3" Multiple -Family Residential allows single-family attached
residential uses subject to approval of a conditional use permit, and the proposed General Plan
amendment to Low -Medium density residential land uses is consistent with the proposed density
upon application of the five percent density bonus.
8. The granting of the Conditional Use Permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the project will
provide 24 new townhomes towards much -needed family housing and would include three units
affordable to moderate income households. The high -quality development will provide an
attractive attached single-family community for Anaheim residents with well -designed common
and private open space amenities. The project is compatible with the existing surrounding uses and
careful consideration was given to the landscaping and pedestrian activities. The project will not
generate hazardous materials, noise, or pollution. Approval of the conditional use permit will not
harm the public interest, health, safety, convenience, or welfare of the City; and
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, the City Council does hereby approve and adopt Conditional Use Permit,
contingent upon and subject to: (1) adoption of a resolution approving General Plan Amendment;
(2) the adoption by the City Council of an ordinance approving and adopting Reclassification; and
(3) adoption of a resolution approving Tentative Tract Map No. 19192; and all of which
entitlements are now pending; the mitigation measures set forth in MMP No. 386, 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
-3-
Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) 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 of Permit Approval)
and 18.60.200 (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.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of
Anaheim this 28th day of February, 2023, by the following roll call vote:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz,
Leon, Kurtz, Faessel and Meeks
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY F ANAHEIM
MAYOR OF CITY OF ANAHEIM
45�-CI,EkK OF THE CITY OF ANAHEIM
-4-
EXHIBIT "A"
DEV NO.2021-00195
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EXHIBIT "B"
CONDITIONAL USE PERMIT
(DEV2021-00195)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMIT
1
The Owner/Developer shall submit a set of improvement plans for Public
Public Utilities
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
2
Prepare and submit a final grading plan showing building footprints, pad
Public Works,
elevations, finished grades, drainage routes, retaining walls, erosion
Development Services
control, slope easements and other pertinent information in accordance
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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 calculations to the City of Anaheim for review and
Development Services
approval. The study shall confirm or recommend changes to the City's
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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
Execute a Save Harmless Agreement with the City of Anaheim for any
Public Works,
storm drain connections to the City's storm drain system. The agreement
Development Services
shall be recorded by the applicant on the property prior to the issuance of
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any permits.
5
Obtain the required coverage under California's General Permit for
Public Works,
Stormwater Discharges associated with Construction Activity by providing
Development Services
a copy of the Notice of Intent (NOI) submitted to the State Water Resources
Division
Control Board and a copy of the subsequent notification of the issuance of
a Waste Discharge Identification (WDID) number.
6
Submit a Water Quality Management Plan (WQMP) to the City for review
Public Works,
and approval. The WQMP shall be consistent with the requirements of
Development Services
Section 7 and Exhibit 7.II of the Orange County Drainage Area
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Management Plan (DAMP) for New Development/Significant
Redevelopment projects. The WQMP shall identify potential sources of
pollutants during the long-term on -going maintenance and use of the
proposed prqJect that could affect the quality of the stormwater runoff from
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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
Submit a Geotechnical Report to the Public Works Development Services
Public Works,
Division for review and approval. The report shall address grading and any
Development Services
proposed infiltration features of the WQMP.
Division
8
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer
Development Services
Division
9
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
Development Services
other relevant construction permits to ensure compliance with the
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Geotechnical and Infiltration Evaluation recommendations.
10
Fire Master Plan shall be submitted at the time that plan submittal for
Anaheim Fire &
grading plans are submitted.
Rescue
11
CC&Rs with fire protection systems(s) inspection, testing, and
Anaheim Fire &
maintenance requirements shall be submitted with the fire master plan.
Rescue
12
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
Planning Services
of dust and particulates. South Coast AQMD Rule 402 requires that air
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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.
South Coast AQMD Rule 403 requires that fugitive dust be controlled
with Best Available Control Measures so that the presence of such dust
does not remain visible beyond the property line of the emission source.
This rule is intended to reduce PMIo 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
contractorspecifications. Table 1 of Rule 403 lists the Best Available
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
* Best available control measures shown on construction plans
13
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 February 1 through
Planning Services
August 31), if possible. If construction activities cannot be conducted
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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 age, nest location, its sensitivity
to disturbance, and intensity and duration of the disturbance activity.
* Show on grading and construction plans
14
MM CR-1: An Archaeologist who meets the Secretary of the Interior's
Planning and Building
Professional Qualification Standards for Archaeology shall perform a
Department,
"tailgate" Worker Environmental Awareness Program (WEAP) training for
Planning Services
all construction personnel directly involved with project -related ground
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disturbance activities. The training shall include visual aids, a discussion
of applicable laws and statutes relating to archaeological resources, types
of resources that may be found within the project site, and procedures that
shall be followed in the event such resources are encountered.
NO. I CONDITIONS OF APPROVAL I
RESPONSIBLE
DEPARTMENT
In the event that inadvertent discoveries are found, an Archaeologist who
meets the Secretary of the Interior's Professional Qualification Standards
for Archaeology shall perform an inspection of the site for potential
archaeological resources once grubbing, ground clearing, and demolition
are complete, and prior to any grading or project -related ground
disturbance. In the event exposed soils indicate cultural materials may be
present, this shall be followed by regular or periodic archaeological
monitoring as determined by the Archaeologist, but full-time
archaeological monitoring is not required at this time.
It is always possible that ground -disturbing activities during construction
may uncover previously unknown, buried cultural resources. In the event
that buried cultural resources are discovered during construction,
operations shall stop in the immediate vicinity of the find and a qualified
Archaeologist shall be consulted to determine whether the resource
requires further study. The qualified Archaeologist shall make
recommendations to the Lead Agency on the measures that shall be
implemented to protect the discovered resources, including but not limited
to the excavation of the finds and evaluation of the finds in accordance with
Section 15064.5 of the CEQA Guidelines. Potentially significant cultural
resources consist of but are not limited to stone, bone, fossils, wood, or
shell artifacts or features, including hearths, structural remains, or historic
dumpsites. Any previously undiscovered resources found during
construction within the project area shall be recorded on appropriate
California Department of Parks and Recreation (DPR) forms and evaluated
for significance in terms of CEQA criteria.
If the resources are determined to be unique historic resources as defined
under Section 15064.5 of the CEQA Guidelines, mitigation measures shall
be identified by the Archaeological Monitor and recommended to the Lead
Agency. Appropriate mitigation measures for significant resources shall
include avoidance or capping, incorporation of the site in green space,
parks, or open space, or data recovery excavations of the finds.
No further grading shall occur in the area of the discovery until the Lead
Agency approves the measures to protect these resources. Any
archaeological artifacts recovered as a result of mitigation shall be donated
to a qualified scientific institution approved by the Lead Agency where
they would be afforded long-term preservation to allow future scientific
study.
* Show on construction
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
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
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qualified professional(s) shall be subject to City acceptance. In the event
that paleontological resources 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 Section 15064.5. After the Applicant has appropriately
avoided or mitigated the find, work in the area may resume.
*Provide documentation of City acceptance of qualified paleontologist;
16
MM TCR-1: Prior to the issuance of any grading permit in which native
Planning and Building
soil, as identified by the geotechnical report prepared for the project, is
Department,
disturbed, the property owner/developer or contractor as designee shall
Planning Services
provide evidence in the form of an executed Agreement to the City of
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Anaheim Planning and Building department that they have retained a
qualified Native American tribal monitor to provide third -party monitoring
during excavation and grading activities in native sediment and to recover
and catalogue tribal resources as necessary. The tribal monitor shall be
from or approved by the Gabrielefto Band of Mission Indians — Kizh
Nation. The agreement shall include (i) professional qualifications of
Native American monitor; (ii) detailed scope of services to be provided
including but not limited to pre -construction education, observation,
evaluation, protection, salvage, notification, and/or curation requirements,
as applicable, with final documentation/report to Public Works Inspector;
(iii) contact information; (iv) communication protocols between Contractor
and Monitor for scheduling to facilitate timely performance; (v)
acknowledgment that if the tribal monitor is unavailable or unresponsive
based on terms stipulated in the agreement, property owner/developer or
contractor as designee may contract with another qualified tribal monitor
acceptable to the City. The selection of the qualified professional(s) shall
be subject to City acceptance based on generally accepted professional
qualifications and certifications, as applicable. The cover sheet of the
grading plans shall include a note to identify that third -party tribal
monitoring is required during excavation and grading activities in
accordance the with City -approved Agreement. Contact information for
approved tribal monitor shall be provided by the contractor to the City
inspector at the re -construction meeting.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
* Show on grading and construction plans
* Provide Executed Agreement with approved Native American Monitor
PRIOR TO THE ISSUANCE OFANYBUILDING PERMITS
17
Per California Water Code, Division 1, Chapter 8, Article 5, Section 537-
Public Utilities
537.5) as amended by Senate Bill 7, water submetering shall be furnished
Water Engineering
and installed by the Owner/Developer and a water submeter shall be
installed to each individual unit. Provisions for the ongoing maintenance
and operation (including meter billing) of the submeters shall be the
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project.
18
All backflow equipment shall be located above ground outside of the street
Public Utilities
setback area in a manner fully screened from all public streets and alleys
Water Engineering
(or as otherwise permitted by AMC Chapter 18.38.160). Any backflow
assemblies currently installed in a vault will have to be brought up to
current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division outside of
the street setback area in a manner fully screened from all public streets and
alleys. Said information shall be specifically shown on plans and approved
by Water Engineeripp, and Cross Connection Control Inspector.
19
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities
well as any modifications, relocations, or abandonments of existing water
Water Engineering
services, backflow equipment, and fire lines, shall be coordinated and
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
20
All existing water services and fire services shall conform to current Water
Public Utilities
Services Standards Specifications. Any water service and/or fire line that
Water Engineering
does not meet current standards shall be upgraded if continued use is
necessary or abandoned if the existing service is no longer needed. The
Owner/Developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
21
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities
Water 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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
22
Individual water service and/or fire line connections will be required for
Public Utilities
each parcel or residential, commercial, industrial unit per Rule 18 of the
Water Engineering
City of Anaheim's Water Rates, Rules and Regulations.
23
Any/all existing easements that are shown/noted to be abandoned shall be
Public Works
abandoned and the abandonment document recorded.
Department,
Development Services
Division
24
Record Tract Map No. 19192 pursuant to the Subdivision Map Act and in
Public Works
accordance with City Municipal Code. Provide a duplicate photo Mylar of
Department,
the recorded map to the City Engineer's office.
Development Services
Division
25
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 to the City of Anaheim for future street widening
Development Services
alone Tract No. 19192 frontage on Orange Avenue.
Division
26
Obtain a Right -of -Way Construction Permit (RCP) from the Development
Public Works
Services Division and post a security for construction of all required
Department,
public improvements within street right-of-way.
Development Services
Division
27
Submit an interim soils report indicating pad compaction and site stability
Public Works
prepared by the project's Geotechnical Engineer of Record. The pad
Department,
compaction report needs to include a site plan showing the compaction
Development Services
testin locations.
Division
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
Department,
grading plan.
Development Services
Division
29
All site landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Department,
with the State of California Model Water Efficient Landscape Ordinance
Development Services
(AB 1881).
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30
Prior to the issuance of a building permit, street improvement plans shall
Public Works
be submitted by the owner/developer to the Public Works Department —
Department,
Traffic Engineering for review and approval of proposed signing and curb
Traffic Engineering
painting on Orange Avenue adjacent to the project accesses. Signage and
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curb painting modifications shall be installed per the approved plans and
shall be completed prior to the first final building and zoning inspection.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
31
Prior to the issuance of a building permit, plans shall be submitted by the
Public Works
owner/developer showing stop control at the project driveway exit on
Department,
Orange Avenue. Subject property shall thereupon be developed and
Traffic Engineering
maintained in conformance with said plans.
Division
32
Prior to the issuance of a building permit, plans shall be submitted by the
Public Works
owner/developer showing R3-5(R) (RIGHT -TURN -ONLY) sign at the
Department,
project driveway exit on Orange Avenue. Subject property shall thereupon
Traffic Engineering
be developed and maintained in conformance with said plans.
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33
Prior to the issuance of a building permit, the applicant shall submit draft
Public Works
Covenants, Conditions and Restrictions (CC&Rs) that are prepared by an
Department,
authorized professional for review and approval by the City Engineer,
Traffic Engineering
Planning Director, and City Attorney, which will generally provide for the
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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 and Building 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.
34
All CBC and CFC requirements shall be followed for permit issuance. Any
Anaheim Fire &
fire permits which include fire sprinklers, fire alarm, etc. shall be submitted
Rescue
directly to Anaheim Fire Prevention Department.
35
SC AQ-2: Architectural Coatings. South Coast Air Quality Management
Planning and Building
District (South Coast AQMD) Rule 1113 requires manufacturers,
Department,
Planning Services
distributors, and end -users of architectural and industrial maintenance
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coatings to reduce reactive organic gas (ROG) emissions from the use of
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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
* Show on construction plans
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
36
Owner/Developer shall install an approved backflow prevention assembly on
Public Utilities,
the water service connection(s) serving the property, behind property line and
Water Engineering
building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
37
Owner/Developer shall install an approved backflow prevention assembly on
Public Utilities,
the water service connection(s) serving the property, behind property line and
Water Engineering
building setback in accordance with Public Utilities Department Water
Engineering Division requirements.
38
All public improvements shall be constructed by the developer, inspected,
Public Works
and accepted by Construction Services prior to final building and zoning
Department,
inspection.
Development Services
Division
39
All remaining fees/deposits required by Public Works department must be
Public Works
paid in full.
Department,
Development Services
Division
40
Set all Monuments in accordance with the final map and submit all centerline
Public Works
ties to Public Works Department. Any monuments damaged as a result of
Department,
construction shall be reset to the satisfaction of the City Engineer.
Development Services
Division
41
Prior to final building and zoning inspections, all required WQMP items shall
Public Works
be inspected and operational.
Department,
Development Services
Division
42
Record Drawings and As -Built Plans shall be submitted for review and
Public Works
approval to the Department of Public Works, Development Services
Department,
Division.
Development Services
Division
43
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 s,uest access, and minimum
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
width for ingress/egress as required by the Fire Department. Should gates
be desired in the future, an amendment to the CC&Rs approved by the City
Engineer, Planning Director and the City Attorney's office shall be
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.
44
The owner/developer shall submit a letter to the Planning and Building
Planning and Building
Department requesting the termination of CUP3468.
Department,
Planning Services
Division
ON -GOING DURING CONSTRUCTIONACTIVITIES
45
MM CR-1: It is always possible that ground -disturbing activities during
Planning and Building
construction may uncover previously unknown, buried cultural resources.
Department,
In the event that buried cultural resources are discovered during
Planning Services
construction, operations shall stop in the immediate vicinity of the find
Division
and a qualified Archaeologist shall be consulted to determine whether the
resource requires further study. The qualified Archaeologist shall make
recommendations to the Lead Agency on the measures that shall be
implemented to protect the discovered resources, including but not
limited to excavation of the finds and evaluation of the finds in
accordance with Section 15064.5 of the CEQA Guidelines. Potentially
significant cultural resources consist of but are not limited to stone, bone,
fossils, wood, or shell artifacts or features, including hearths, structural
remains, or historic dumpsites. Any previously undiscovered resources
found during construction within the project area shall be recorded on
appropriate California Department of Parks and Recreation (DPR) forms
and evaluated for significance in terms of CEQA criteria.
ON -GOING DURING OPERATIONS
46
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right-of-way, public
Water Engineering
utility easement or City easement area including but not limited to colored
concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for maintenance of
all said special surface improvements shall be included in the recorded
Master CC&Rs for the project and the City easement deeds.
47
That ongoing during project operations, vehicle deliveries including
Public Works
loading and unloading shall be performed on site. Delivery vehicles shall
Department,
not block any part of the public right of way
Traffic Engineering
Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
48
All new landscaping shall be installed by the owner/developer in
Planning and Building
conformance with Chapter 18.46 "Landscape and Screening" of the
Department,
Anaheim Municipal Code and shall be maintained in perpetuity.
Planning Services
Landscaping shall be replaced by the applicant in a timely manner in the
Division
event that it is removed, damaged, diseased, and/or dead.
GENERAL
49
The following minimum horizontal clearances shall be maintained between
Public Utilities,
proposed water main and other facilities:
Water Engineering
• 10-feet minimum separation (outside wall -to -outside wall) from
sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities, including storm
drains, gas, and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings, and trees.
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g., water mains, fire hydrants, service
laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs, power
poles, streetlights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g., storm drain, gas, electric, etc.) or above ground
facilities.
50
No public water main or public water facilities shall be installed in private
Public Utilities,
alleys or paseo areas.
Water Engineering
51
No public water mains or laterals allowed under parking stalls or parking
Public Utilities,
lots.
Water Engineering
52
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
53
Fire lane markings and signage shall comply with AFD Fire Lane
Anaheim Fire &
Standard.
Rescue
54
Conditions of approval related to each of the timing milestones above shall
Planning and Building
be prominently displayed by the owner/developer on plans submitted for
Department,
permits. For example, conditions of approval that are required to be
Planning Services
complied with prior to the issuance of building permits shall be provided
Division
on plans submitted for building plan check. This requirement applies to
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
55
Each individual residence or unit should be clearly marked with its
Police Department
appropriate number and 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.
Address numbers shall be positioned so as to be readily readable from
the street. Numbers should be illuminated during hours of darkness.
56
All exterior doors to have adequate security hardware, e.g., deadbolt
Police Department
locks.
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.
Wide-angle peepholes or other viewing device should be designed into
all dwelling -unit front doors and all solid doors where exterior visibility
is compromise
57
Monument signs and addresses shall be well lighted during hours of
Police Department
darkness.
Adequate lighting of parking lots and associated carports, circulation
areas, aisles, passageways, recesses, and grounds contiguous to
residences 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.
58
"No Trespassing 602(k) P.C." posted at the entrances of parking
Police Department
lots/pool area and located in other appropriate places. Signs must be at
least 2' x 1' in overall size, with white background and black 2"
lettering.
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
owner's/manager's request.
59
Residential buildings/units shall be pre -wired for the future installation
Police Department
0f an alarm system.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
60
Prior to final map approval, the Developer shall execute and record
Housing and
against the Property a Density Bonus Housing Agreement in a form and
Community
substance acceptable to the Planning Director and the City Attorney,
Development
and if required by the Density Bonus Housing Agreement, a declaration
of covenants, conditions, and restrictions ("CC&R's") that sets forth the
terms and conditions of approval of said Density Bonus. The Density
Bonus Housing Agreement/CC&Rs shall be binding on the Developer
and all future owners and successors in interest thereof. The Density
Bonus Housing Agreement shall require the Density Bonus units to be
offered for sale to the initial buyer of the Density Bonus units at an
affordable housing cost to moderate income households and shall
include the requirement for an equity sharing agreement, whereby the
initial buyer of each Density Bonus unit shall enter into an agreement
with the City requiring each such initial buyer to pay to the City upon
the initial resale of each Density Bonus unit the City's proportional
share of appreciation in accordance with paragraph .0105 (For -Sale
Housing) of subsection .010 (Approval) of Section 18.52.040 (General
Density Bonus) of the Code.
61
The property owner/developer shall be responsible for compliance
Planning and Building
with, and any direct costs associated with the monitoring and reporting
Department,
of all mitigation measures set forth in Mitigation Monitoring Plan
Planning Services
(MMP) No. 386 adopted for the Towns at Orange Project, established
Division
by the City of Anaheim as required by Section 21081.6 of the Public
Resources Code to ensure implementation of those identified mitigation
measures within the timeframes identified in the measure. MMP No.
386 is made a part of these conditions of approval by reference.
62
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
63
The owner/developer shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees to
Division
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
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
limitation attorneys' fees and other costs, liabilities and expenses
incurred by Indemnitees in connection with such proceeding.
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. 2023-013 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 28th day of February, 2023 by the following vote of the members thereof:
AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz,
Faessel and Meeks
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of March, 2023.
CITY CL RK OF THE CITY OF ANAHEIM
(SEAL)