Loading...
Resolution-PC 2023-035RESOLUTION NO. PC2023-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT, FINAL SITE PLAN, AND ADMINISTRATIVE ADJUSTMENT TO ALLOW 44 SINGLE-FAMILY ATTACHED RESIDENTIAL UNITS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00033) (2952-2960 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit, final site plan, and administrative adjustment for a 44-unit single-family attached residential development with reduced landscape setbacks, and 10-percent of the units affordable to moderate income buyers on certain real property located at 2952-2960 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the 'Property"); and WHEREAS, the conditional use permit, final site plan, and administrative adjustment is proposed in conjunction with a request for tentative tract map to permit a one -lot subdivision for condominium purposes. The conditional use permit, final site plan, administrative adjustment, and Tentative Tract Map No. 19286, shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Property is approximately 1.68 acres in area and is developed with a Telecommunications Antenna. The property is designated for Mixed -Use High land uses in the General Plan. The property is in the Mixed -Use High (MU-H) Development Area of the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards, and is subject to the zoning and development standards contained in Chapter 18.122 (Beach Boulevard Specific Plan No 2017-1 Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"); and WHEREAS, single-family attached residential uses that are not part of a mixed -use project require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .010 of Section 18.122.050 (Uses) and administrative adjustments in conjunction with a project that requires Planning Commission action are subject to review and approval by the Planning Commission pursuant to Section .040 of Chapter 18.62 (Administrative Reviews) and Section .080 of Chapter 18.60 (Procedures) of the Code; and WHEREAS, Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) prescribes the methods and procedures for implementation of the Beach Boulevard Specific Plan, which for the Proposed Project requires the processing and approval of a Final Site Plan in accordance with Chapter 18.70 (Final Site Plans) of Title 18 (Zoning) of the Code prior to the issuance of building permits; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 4, 2023, at 5:00 p.m., with 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 and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, on December 18, 2018, the City Council adopted Resolution No. 2018- 146 approving the Beach Boulevard Specific Plan No. 2017-1 to provide for the establishment of a community -driven vision supported by new development standards, permitted and prohibited uses, design guidelines, sustainable practices, economic development incentives, and capital improvements that improve the quality of life for all future users of the corridor; and WHEREAS, in connection with adoption of Specific Plan No. 2017-1 (Beach Boulevard Specific Plan), the City Council adopted Resolution No. 2018-144 certifying Final Environmental Impact Report No. 350 ("EIR No. 350"), with a Statement of Overriding Considerations, and adopting Mitigation Monitoring Program No. 342; 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 Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, CEQA Guidelines Section 15168 provides that a previously certified program EIR is sufficient environmental review for an individual activity carried out under the regulatory authority evaluated by a program EIR when the activity has similar environmental effects which can be mitigated in similar ways; and WHEREAS, an Initial Study Checklist was prepared pursuant to CEQA Guidelines Section 15162, as required by Section 15168, confirming that EIR No. 350 adequately analyzed the Proposed Project and there are no new significant environmental effects or a substantial increase in the severity of a previously identified significant effect; and WHEREAS, the draft resolutions for the Proposed Project include all applicable mitigation measures from EIR No. 350 as conditions of approval; and WHEREAS, the Planning Commission finds and determines that EIR No. 350 adequately analyzed the residential development project is this project is therefore not subject to the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15162 and 15168; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at - 2 - PC2023-035 said hearing with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the Mixed -Use High (MU-H) Development Area of the Beach Boulevard Specific Plan No. 2017-1(SP 2017-1) Zoning and Development Standards under subsection .010 of Section 18.122.050 (Uses) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) Zoning and Development Standards) of the Code, subject to a conditional use permit for single-family attached residential uses not part of a mixed -use project. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the proposed use would be a high -quality residential use with affordable units and would be compatible with, and complementary to, surrounding residential and commercial uses. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project, in a manner not detrimental to either the particular area or health and safety because the Project will include Zoning Code compliant parking and recreational areas, and will also include three-story buildings that will be adequately setback from the vacant property to the west, to create massing that is compatible with surrounding neighborhoods. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because they are designed to carry the traffic in the area as demonstrated in the Trip Generation and Vehicle Miles Traveled (VMT) Assessment. In addition, fire truck and emergency service access were deemed adequate by the Anaheim Fire and Rescue, and sanitation service was deemed adequate by the Public Works Streets - Operations Division. Based on the above data, the traffic generated by the proposed uses would not impose an undue burden on streets and highways in the area. 5. 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 because the Proposed Project implements the Beach Boulevard Specific Plan, a focused and comprehensive effort to reactivate the corridor. Conditions of approval are included to ensure that the residential use would be properly maintained and remain compatible with the uses in the surrounding area; and WHEREAS, pursuant to Section .050 (Findings and Decision) of Chapter 18.70 (Final Plan Reviews), this Planning Commission, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, including the plans submitted by the applicant, does hereby find and determine the following facts with respect to the final site plan: - 3 - PC2023-035 1. The design and layout of the proposed development are consistent with the General Plan and the Beach Boulevard Specific Plan No. 2017-1 (SP 2017-1) because the Proposed Project will provide for the development of a quality multiple -family living environment with design amenities, such as private open space and common recreation areas. The permitted density range under the Mixed -Use High Density Residential designation is from zero to 60 dwelling units per gross acre, and the Proposed Project will have a density of 26.2 dwelling units per acre. The project complies with the development standards of the MU-H Development Area of the Beach Boulevard Specific Plan with the exception of landscape setbacks limited to two areas where the encroaching drive aisles include enhanced landscape improvements; 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards because the Project will include Code compliant parking and recreational areas, sufficient building setbacks from the adjacent vacant property to the west, and new pedestrian paths throughout the neighborhood, and the streets and highways are designed and will be improved to carry the traffic in the area; 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood because the proposed project will comply with the design standards and guidelines of the Beach Boulevard Specific Plan, and the Proposed Project will also include three story buildings designed similar to the recently constructed project across Lincoln Avenue (Nolin I) to the north that will be adequately setback from the multiple -family the adjacent vacant property to create massing that is compatible with surrounding neighborhoods; 4. The design of the proposed development will provide a desirable environment for its occupants, visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained because the project will comply with design standards and guidelines of the Beach Boulevard Specific Plan; 5. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity because the Proposed Project implements the Beach Boulevard Specific Plan, a focused and comprehensive effort to reactivate the corridor. Conditions of approval are included to ensure that the residential use would be properly maintained and remain compatible with the uses in the surrounding area; and WHEREAS, Table 122-H-1 of Subsection .010 (Site Development and Design Standards by Development Area) of Chapter 18.122 (Beach Boulevard Specific Plan No. 2017-1 Zoning and Development Standards) of the Code requires the minimum landscaped setbacks in the Mixed -Use High Development area to be 10-feet, as measured from the ultimate right-of-way line as designated on the Circulation Element of the General Plan. Because the Proposed Project shows a setback of 8.5-feet feet from the ultimate right-of-way of Lincoln Avenue, and a setback of 9-feet from the southern property line abutting the public alley, the applicant has requested an administrative adjustment from the setback requirements; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports - 4 - PC2023-035 offered at said hearing with respect to the request for an administrative adjustment, does find and determine the following facts: SECTION NO. 18.122.060.010 Minimum landscaped setback. (10 feet required; 8.5-feet proposed adjacent to Lincoln Avenue; 9-feet proposed adjacent to the public alley to the south.) 1. The Code permits a deviation of up to 20 percent for front setbacks and 10 percent for other setbacks. The applicant is requesting a 15% reduction on Lincoln Avenue (providing an 8.5 foot landscape setback) and a 10% reduction on alley (providing a 9 foot setback). There will be adequate separation from the adjacent land uses and there will be comparable setbacks to properties within the vicinity and will include installation of enhanced landscape improvements. The proposed project would comply with all other development standards of the Beach Boulevard Specific Plan; and 2. The same or similar result cannot be achieved by using provisions in the Code that do not require the adjustment because the small lot size with three street frontages results in a minimal amount of buildable area on the lot, as the project is significantly less dense than allowed by the General Plan; and 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood because the proposed residential use is a compatible use in the area and similar structural setbacks currently exist for nearby multiple -family residential properties. WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit, final site plan, and administrative adjustment for 44 single-family attached residential units, contingent upon and subject to 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 for which the conditional use permit is applicable 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 (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 and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the - 5 - PC2023-035 condition, (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 Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions set forth herein. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation, or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 4, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNiNdi-05MMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2023-035 EXHIBIT "A" DEV NO.2023-00033 APN: 126-602-33 W BRISTOL OR 126-602-35 W LINCOLN AVE i 148.82' T� i n n N O Ui CD, 258.84' W EMBASSY AVE 1 'a 0 W BAYWOOD cc x AVE a Ln r 0 40 80 Source: Recorded Tract Maps and/or City GIS. � Feet e accuracy Please note the is +/- two to five feet. PC2023-035 Conditional Use Permit, Final Site Plan, and Administrative Adjustment (DEV2023-00033) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRfOR TO GRADING PERMIT ISSUANCE 1 The Owner/Developer shall submit a set of improvement plans Public Utilities for Public Utilities Water Engineering review and approval in Department, Water determining the conditions necessary for providing water service Engineering Division to the project. 2 The Project Applicant shall require the construction contractor Planning and Building to use equipment that meets the US Environmental Protection Department, Agency (EPA) Tier 4 emissions standards for off -road diesel- Planning Services Division powered construction equipment with more than 50 horsepower, unless it can be demonstrated to the City of Anaheim that such equipment is not available. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by the California Air Resources Board's regulations. Prior to issuance of any construction permits, documentation shall be provided by the applicant to the City of Anaheim that verifies, to the satisfaction of the City, the use of construction equipment as stated in this mitigation measure. AM AQ-1 3 Prior to issuance of grading, demolition or building permits Planning and Building whichever occurs first, the Project Applicant shall provide a list Department, of all construction equipment proposed to be used on the Project Planning Services Division site for Projects that are subject to the California Environmental Quality Act (i.e., non-exempt Projects). This list may be provided on the building plans. The construction equipment list shall state the make, model, and equipment identification number of all the equipment. MM AQ-2 4 Prior to issuance of grading, demolition or building permits, Planning and Building whichever occurs first, the Project Applicant shall submit a dust Department, control plan that implements the following measures during Planning Services Division ground -disturbing activities, in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403, to further reduce PM10 and PM2.5 emissions: PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT a) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. b) During all construction activities, the construction contractor shall sweep streets with Rule 1186-compliant, PM10-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. c) During all construction activities, the construction contractor shall maintain a minimum 24-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. c) During all construction activities, the construction contractor shall maintain a minimum 24-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. d) During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day. e) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The City shall verify compliance during normal construction site inspections. NM AQ-8 5 Prior to demolition, the Project Applicant shall provide Planning and Building documentation of the presence/absence of historic resources for Department, the properties that are 50 years old or over by a qualified Planning Services Division historical resources professional meeting the Secretary of the Interior's Professional Qualifications Standards. The criteria for determining the historically significant structures shall meet one or more the following criteria: 1. It strongly represents a significant event or broad patterns of local, regional, or national history. 2. It is associated with the life of a significant person in local, regional, or national history. 3. It is a very good example of a significant architectural style, property type, period, or method of construction; or it represents the work of an architect, designer, engineer, or builder who is locally, regionally, or nationally significant; or it is a significant visual feature of the City. NM CUL-1 6 On properties where historically significant resources are Planning and Building identified, a proper documentation meeting the Historic Department, American Building Survey (HABS) Guidelines shall be prepared Planning, Services Division PC2023-035 NO. I CONDITIONS OF APPROVAL I RESPONSIBLE DEPARTMENT and implemented, as approved by the qualified historian meeting the Secretary of the Interior's Professional Qualifications Standards. Such documentation shall include drawings, photographs, and written data for each building/structure/element, and provide a detailed mitigation plan, including a monitoring program, recovery, rehabilitation, redesign, relocation, and/or in situ preservation plan. MM CUL- 2 7 Prior to the issuance of any permits allowing ground -disturbing Planning and Building activities that cause excavation to depths greater than current Department, Planning foundations, the Project Applicant shall retain an archeologist Services Division who meets the Secretary of the Interior's Standards for professional archaeology for the Project and will be on call during all grading and other significant ground -disturbing activities. The Qualified Archaeologist shall ensure that the following measures are followed for the Project. 1. Prior to any ground disturbance, the Qualified Archaeologist, or their designee, shall provide a worker environmental awareness protection (WEAP) training to construction personnel regarding regulatory requirements for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. Workers will be provided contact information and protocols to follow in the event that inadvertent discoveries are made. The WEAP training can be in the form of a video or PowerPoint presentation. Printed literature (handouts) can accompany the training and can also be given to new workers and contractors to avoid the necessity of continuous training over the course of the Project. 2. In the event that unanticipated cultural material is encountered during any phase of Project construction, all construction work within 50 feet (15 meters) of the find shall cease and the Qualified Archaeologist shall assess the find for importance. Construction activities may continue in other areas. If, in consultation with the appropriate City, the discovery is determined not to be important, work will be permitted to continue in the area. 3. If a resource is determined by the Qualified Archaeologist to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or has PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT a "unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the Qualified Archaeologist shall coordinate with the applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources, and construction allowed to proceed. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. 4. 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. 5. Any historic archaeological material that is not Native American in origin shall be curated at a public, nonprofit institution with a research interest in the materials, such as the South Central Coastal Information Center at California State University, Fullerton. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes, as determined as appropriate by the City of Anaheim. MM CUL-3 8 Prior to the issuance of demolition permits the Project Applicant Planning and Building shall conduct the following inspections and assessments for all Department, Planning buildings and structures onsite and shall provide the City of Services Division Anaheim with a copy of the report of each investigation or assessment. 1. The Project applicant shall retain a California Certified Asbestos Consultant (CAC) to perform abatement Project planning, monitoring (including air monitoring), oversight, and reporting of all asbestos -containing materials (ACM) encountered. The abatement, containment, and disposal of all ACM shall be conducted in accordance with the South Coast Air Quality Management District's Rule 1403 and California Code of Regulation Title 8, Section 1529 (Asbestos). 2. The Project applicant shall retain a licensed or certified lead inspector/assessor to conduct the abatement, containment, and disposal of all lead waste encountered. The contracted lead inspector/assessor shall be certified by the California De artment of Public Health (CDPH). PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT All lead abatement shall be performed by a CDPH- certified lead supervisor or a CDPH-certified worker under the direct supervision of a lead supervisor certified by CDPH. The abatement, containment, and disposal of all lead waste encountered shall be conducted in accordance with the US Occupational Safety and Health Administration Rule 29, CFR Part 1926, and California Code of Regulation, Title 8, Section 1532.1 (Lead). 3. Evidence of the contracted professionals retained by the Project applicant shall be provided to the City of Anaheim. Additionally, contractors performing ACM and lead waste removal shall provide evidence of abatement activities to the City of Anaheim. MM HAZ- 1 9 Prior to the issuance of grading permits, the Project Applicant Planning and Building shall submit a Phase I Environmental Site Assessment (ESA) to Department, Planning the City of Anaheim to identify environmental conditions of the Services Division development site and determine whether contamination is present. The Phase I ESA shall be prepared by an Environmental Professional as defined in 40 CFR 3 12. 10 and in accordance with the American Society for Testing and Materials (ASTM) Standard E 1527.05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. If recognized environmental conditions related to soils are identified in the Phase I ESA, the Project applicant shall perform soil, groundwater, and/or vapor sampling as a part of a Phase II ESA. If contamination is found at significant levels, the Project applicant shall remediate all contaminated soils in accordance with state and local agency requirements (California Department of Toxic Substances Control, Regional Water Quality Control Board, Anaheim Fire & Rescue, etc.). All contaminated soils and/or material encountered shall be disposed of at a regulated site and in accordance with applicable laws and regulations prior to the completion of grading. Prior to the issuance of building permits, a report documenting the completion, results, and any follow-up remediation on the recommendations, if any, shall be provided to the City of Anaheim evidencing that all site remediation activities have been completed. MM HAZ-2 10 Prior to issuance of demolition, grading and/or building permits, Planning and Building a note shall be provided on plans for grading, demolition, and Department, Planning construction activities, indicating that the Project Applicant shall Services Division be responsible for requiring contractors to implement the following measures to limit construction -related noise: PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1. Construction activity is limited to the daytime hours between 7:00 a.m. to 7:00 p.m., as prescribed in the City's Municipal Code (Additional work hours may be permitted if deemed necessary by the Director of Public Works or Building Official). 2. All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. 3. Stationary equipment such as generators, air compressors shall be located as far as feasible from nearby noise - sensitive uses. 4. Stockpiling is located as far as feasible from nearby noise -sensitive receptors 5. Construction traffic shall be limited to the established haul routes. MM N-1 11 Prior to the issuance of grading permits the Project Applicant Public Works Department, shall prepare a construction management plan that shall be Traffic Engineering approved by the City of Anaheim Public Works. The Division construction management plan shall: 1. Establish truck haul routes on the appropriate transportation facilities. Truck routes that avoid congested streets and sensitive land uses shall be considered. 2. Provide Traffic Control Plans (for detours and temporary road closures) that meet the minimum City criteria. Traffic control plans shall determine if dedicated turn lanes for movement of construction truck and equipment on and offsite are available. 3. Minimize offsite road closures during the peak hours. 4. Keep all construction -related traffic onsite at all times. 5. Provide temporary traffic controls, such as a flag person, during all phases of construction to maintain smooth traffic flow. MM N-2 12 Prior to the issuance of grading permits the Project Applicant Planning and Building shall prepare a construction management plan that shall be Department, Planning approved by the City of Anaheim Public Works. The Services Division construction management plan shall: 6. Establish truck haul routes on the appropriate transportation facilities. Truck routes that avoid congested streets and sensitive land uses shall be considered. PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. Provide Traffic Control Plans (for detours and temporary road closures) that meet the minimum City criteria. Traffic control plans shall determine if dedicated turn lanes for movement of construction truck and equipment on and offsite are available. 8. Minimize offsite road closures during the peak hours. 9. Keep all construction -related traffic onsite at all times. 10. Provide temporary traffic controls, such as a flag person, during all phases of construction to maintain smooth traffic flow. MM N-2 13 Prior to the issuance of any permits allowing ground -disturbing Planning and Building activities that cause excavation to depths greater than current Department, Planning foundations, the Project applicant/developer shall retain Services Division qualified Native American Monitor(s) during construction - related ground disturbance activities. The monitor(s) shall be approved by the Tribal Representatives of the Gabrieleno Band of Mission Indians - Kizh Nation and be present on -site during construction that involve ground disturbing activities. The Native American Monitor(s) shall be responsible for the following activities during the monitoring, as appropriate: 1. Complete monitoring logs on a daily basis, providing descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. 2. If the monitoring site has hazardous materials concerns, the monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. The on -site monitoring shall end when the Project site grading and excavation activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. MM TCR-1 14 Prior to issuance of demolition, grading, or building permits, Public Works Department, whichever occurs first, the developer/applicant shall pay sewer Development Services impact fees per the current Combined West Anaheim Area Division Master Plan of Sanitary Sewers. USS-2 15 Prepare and submit a final grading plan showing building Public Works Department, footprints, pad elevations, finished grades, drainage routes, Development Services retaining walls, erosion control, slope easements and other Division pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 16 Prepare and submit a final drainage study, including supporting hydraulic and hydrological calculations to the City of Anaheim PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off -site and on -site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 17 Execute a Save Harmless Agreement with the City of Anaheim Public Works Department, for any storm drain connections to the City's storm drain system. Development Services The agreement shall be recorded by the applicant on the property Division prior to the issuance of wny permits. 18 Obtain the required coverage under California's General Permit Public Works Department, for Stormwater Discharges associated with Construction Development Services Activity by providing a copy of the Notice of Intent (NOI) Division submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification WDID number. 19 Submit a Water Quality Management Plan (WQMP) to the City Public Works Department, for review and approval. The WQMP shall be consistent with the Development Services requirements of Section 7 and Exhibit 7.I1 of the Orange County Division Drainage Area 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 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 coin liance with the defined BMPs. 20 Submit a geotechnical report to the Public Works Department for Public Works Department, review and approval. The report shall address grading and any Development Services pro nosed infiltration features of the WQMP. Division FRIOR TO BUILD" PERMIT ISSUANCE 21 During construction activities the Project Applicant shall Planning and Building provide evidence to the Planning and Building Department that Department, Planning the construction contractors shall ensure that the equipment shall Services Division be properly serviced and maintained in accordance with the manufacturer's recommendations; and, that all nonessential PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT idling of construction equipment is restricted to five minutes or less in compliance with Section 2449 of the California Code of Regulations, Title 13, Article 4.8, Chapter 9. MM AQ-3 22 Prior to issuance of a building permit for Projects that are subject Planning and Building to the California Environmental Quality Act (i.e., non-exempt Department, Planning Projects), the property owner/developer Project Applicant shall Services Division require the construction contractor and provide a note on construction plans indicating that: a) All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high - volume, low-pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand -roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use pre-coated/natural colored building materials, where feasible. The City shall verify compliance during normal construction site inspections. MM A-4 23 Prior to the issuance of building permits for new development Planning and Building Projects in the Project Area, the Project applicant shall show on Department, Planning the building plans that all major appliances (dishwashers, Services Division refrigerators, clothes washers, and dryers) to be provided/installed are Energy Star certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star or equivalent appliances shall be verified by the City of Anaheim prior to the issuance of a Certificate of Occupancy. MM AQ-5 24 Prior to issuance of building permits the Project applicant shall Planning and Building indicate on the building plans that the following features have Department, Building been incorporated into the design of the building(s). Proper Division installation of these features shall be verified by the City of Anaheim prior to the issuance of a Certificate of Occupancy. 1. Electric vehicle charging shall be provided as specified in Section A4.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. 2. Bicycle parking shall be provided as specified in Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code MM A-7 25 Prior to issuance of a building permit, the Project Applicant shall Planning and Building submit a noise level analysis, which must include mitigation Department, PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT measures that comply with applicable City noise standards Planning Services Division including the following: 1. Exterior noise within the private rear yard of any single- family lot and/or within any common recreation areas, shall be attenuated to a maximum of 65 dB CNEL; interior noise levels shall be attenuated to a maximum of 45 dB CNEL, or to a level designated by the Uniform Building Code, as adopted by the City (identified in Section 18.40.090). 2. Exterior noise within common recreation areas of any single family attached or multiple family dwelling Project shall be attenuated to a maximum of 65 dB CNEL; interior noise levels shall be attenuated to a maximum of 45 dB CNEL, or to a level designated by the Uniform Building Code, as adopted by the City (identified in Section 18.40.090). The Planning Commission may grant a deviation from the requirements pertaining to exterior noise levels, given that all of the following conditions exist (Section 18.040.090.060): 3. The deviation does not exceed 5 dB above the prescribed levels for exterior noise; and 4. Measures to attenuate noise to the prescribed levels would compromise or conflict with the aesthetic value of the Project. In addition, the proposed Project shall be designed to limit the interior noise caused by adjacent commercial uses and parking areas to a maximum of 45 dBA CNEL in any habitable room with windows closed. The required interior noise reduction can be accomplished with enhanced construction design or materials such as upgraded dual -glazed windows and/or upgraded exterior wall assemblies. These features shall be shown on all building plans and incorporated into construction of the Project. City inspectors shall verify compliance of the building with the acoustic report's recommendations prior to issuance of a Certificate of Occupancy. MM N-3 26 Prior to issuance of a building permit, if the proposed Project Planning and Building involves high -vibration construction activities, such as pile Department, driving or vibratory rolling/compacting, said activities shall be Planning Services Division evaluated for potential vibration impacts to nearby sensitive receptors. The Project applicant shall submit a vibration report prepared to the satisfaction of the Ci of Anaheim to determine PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT if the use of pile driving and/or vibratory rolling/compacting equipment would exceed the Federal Transit Administration's (FTA's) vibration -annoyance criteria of 78 VdB during the daytime or FTA's vibration -induced architectural damage PPV criteria of 0.2 inches/second for wood -framed structures or 0.5 inches/second for reinforced masonry buildings. The construction contractor shall require the use of lower vibration - producing equipment and techniques. Examples of lower - vibration equipment and techniques would include avoiding the use of vibratory rollers near sensitive areas and/or the use of drilled piles, sonic pile driving, or vibratory pile driving (as opposed to impact pile driving). MM N-4 27 Prior to issuance of the first building permit for each building, Public Works Department, the property Project Applicant shall pay all applicable Traffic Engineering transportation impact fees to the City of Anaheim in amounts Division determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City - authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. NM T-3 28 Prior to the issuance of a building permit, the applicant shall Public Works Department, submit draft Covenants Conditions and Restrictions Traffic Engineering (CC&Rs) that are prepared by an authorized professional for Division review and approval by the City Engineer, Planning Director, and City Attorney, which will generally provide for the following: a. A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. b. A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. c. A provision requiring that proposed amendments to the CC&Rs shall be submitted for review to the City Engineer, Planning Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. d. A provision that the City is a third -party beneficiary to the CC&Rs and has the right, but not the obligation, to enforce any of the provisions of the CC&Rs relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 Prior to the issuance of a building permit, site plan shall show Public Works Department, that curbs adjacent to the drive aisles shall be painted red to Traffic Engineering prohibit parallel parking in the drive aisles. On Laxore Street, the Division street curb shall be painted red 20-feet on either side of the entrance driveway. Red curb locations shall be clearly labeled on building plans. 30 Obtain a Right -of -Way Construction Permit (RCP) from the Public Works Department, Public Works Department and post a security for construction of Development Services all re uired )ublic improvements within street ri,-ht-of-wal. Division 31 Submit an interim soils report indicating pad compaction and site Public Works Department, stability prepared by the project's Geotechnical Engineer of Development Services Record. The pad compaction report shall include a site plan Division showin, , the compaction testing locations. 32 Provide a certificate from the project's Registered Civil Engineer Public Works Department, certifying that the finished grading has been completed in Development Services accordance with the Cite approved � rading s)lan. Division 33 All onsite sewer lines shall be privately owned and maintained Public Works Department, by the property owner and shall be designed per current Development Services California Building/Plumbing Code, and shall be submitted to, Division reviewed and ap2roved bl the Building Division. 34 All site landscape plans shall comply with the City of Anaheim Public Works Department, adopted Landscape Water Efficiency Guidelines. This ordinance Development Services is in compliance with the State of California Model Water Division Efficient Landscape Ordinance (AB 1881 j. 35 The developer shall pay all applicable development impact fees Public Works Department, required under the Anaheim Municipal Code. Development Services Division 36 A private water system with separate water service for fire Public Utilities protection and domestic water shall be provided and shown on Department, Water plans submitted to the Water Engineering Division of the Engineering Division Anaheim Public Utilities Department. 37 Per California Water Code, Division 1, Chapter 8, Article 5, Public Utilities Section 537-537.5) as amended by Senate Bill 7, water Department, Water submetering shall be furnished and installed by the Engineering Division 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. 38 All backflow equipment shall be located above ground outside Public Utilities of the street setback area in a manner fully screened from all Department, Water public streets and alleys. Any backflow assemblies currently Engineering Division installed in a vault will have to be brou,siit up to current PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 39 All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments Department, Water of existing water services, backflow equipment, and fire lines, Engineering Division shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 40 All existing water services and fire services shall conform to Public Utilities current Water Services Standards Specifications. Any water Department, Water service and/or fire line that does not meet current standards shall Engineering Division 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. 41 The Owner shall irrevocably offer to dedicate to the City of Public Utilities Anaheim (i) an easement for all large domestic above -ground Department, Water water meters and fire hydrants, including a five (5)-foot wide Engineering Division easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. 42 The Owner/Developer shall submit to the Public Utilities Public Utilities Department Water Engineering Division an estimate of the Department, Water maximum fire flow rate and maximum day and peak hour water Engineering Division 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 PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 43 Water improvement plans shall be submitted to the Water Public Utilities Engineering Division for approval and a performance bond in Department, Water the amount approved by the City Engineer and form approved Engineering Division !?I City AttonjeZ shall be posted with the City of Anaheim. 44 Individual water service and/or fire line connections will be Public Utilities required for each parcel or residential, commercial, industrial Department, Water unit per Rule 18 of the City of Anaheim's Water Rates, Rules Engineering Division and Regulations. 45 All California Building Code and California Fire Code Anaheim Fire & Rescue requirements shall be followed by the owner/developer for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. 46 Emergency Responder Radio Communication system (ERRCS) Anaheim Fire & Rescue analysis for possible required shall be performed for this project. Please contact smaddy@anaeheim.net for further information regarding this analysis prior to building permit issuance. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 47 All public improvements shall be constructed by the developer, Public Works Department, inspected and accepted by Construction Services prior to final Development Services building and zoning inspection. Division 48 All remaining fees/deposits required by the Public Works Public Works Department, Development Services Department must be paid in full. Division 49 prior to final building and zoning inspections, all required Public Works Department, WQMP items shall be inspected and operational. Development Services Division 50 Record Drawings and As -Built Plans shall be submitted for Public Works Department, review and approval to the Public Works Department, Development Services Development Services Division. Division 51 The Owner/Developer shall install an approved backflow Public Utilities prevention assembly on the water service connection(s) serving Department, Water the property, behind property line and building setback in Engineering Division accordance with Public Utilities Department Water Engineering Division requirements. 52 A complex map shall be provided by the owner/developer in Police Department electronic form to the Anaheim Police Department. 53 Monument signs and addresses shall be well lighted during hours Police Department of darkness. PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 54 Clear and easily readable way -finding signage shall be posted at I Police Department appropriate locations throughout complex. They should be positioned so they are easily viewed from vehicular and/or edestrianpathwaw s throu shout the complex. GENERAL 55 Vehicle gates shall not be installed across the project driveways Public Works Department, or access roads as the site design does not allow any Traffic Engineering such gates to conform to City of Anaheim Engineering Standard Division Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, gates shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the Ci Engineer. 56 All residences within the project site shall not be eligible to Public Works Department, participate in the Residential Parking Permit Program under this Traffic Engineering Conditional Use Permit. Division 57 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right -of- Department, Water way, public utility easement or City easement area including but Engineering Division 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 proJIect and the City easement deeds. 58 The following minimum horizontal clearances shall be Public Utilities maintained between proposed water main and other facilities: Department, Water • 10-feet minimum separation (outside wall -to -outside Engineering Division 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.): PC2023-035 NO. CONDITIONS OF APPROVAL • 10 feet from structures, footings, walls, stormwater RESPONSIBLE DEPARTMENT BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above c round facilities. 59 No public water main or public water facilities shall be installed Public Utilities in private alleys or paseo areas. Department, Water Engineering Division 60 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Department, Water Engineering Division 61 All drivable surfaces - Permanent, temporary, and phased Anaheim Fire & Rescue emergency access roads shall be designed and maintained by the owner/developer to support an imposed load of 78,000 lbs. and surfaced to provide all-weather drivin=, ca abilities. 62 An adequate water supply capable of providing minimum fire Anaheim Fire & Rescue flow requirements for fire hydrants and a fire sprinkler system shall be made available by the owner/developer. 63 A minimum of one private fire hydrant shall be required for the Anaheim Fire & Rescue proposed project. Additional fire hydrants may be required to meet minimum fire flow requirements. 64 The use shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to Department, the business operation as described in these documents shall be Planning Services Division subject to review and approval by the Planning Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 65 All new landscaping shall be installed by the owner/developer Planning and Building in conformance with Chapter 18.46 "Landscape and Screening" Department, of the Anaheim Municipal Code and shall be maintained in Planning Services Division perpetuity. Landscaping shall be replaced by the applicant in a timely manner if it is removed, damaged, diseased, and/or dead. 66 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "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 PC2023-035 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 67 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning Planning Services Division Department, artment, and as conditioned herein. 68 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. PC2023-035 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on December 4, 2023 by the following vote of the members thereof - AYES: Chair Kring, Vice Chair Henninger, and Commissioners Castro, Lieberman, Perez, Tran-Martin and Walker NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 4t' day of December 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-035