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Resolution-PC 2012-061RESOLUTION NO. PC2012 -061 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING REVISED TENTATIVE TRACT MAP NO. 16860 AND MAKING FINDINGS IN CONNECTION THEREWITH (LNR PLATINUM STADIUM, LLC) (DEV2012- 00014) WHEREAS, on October 29, 2007, the Anaheim City Planning Commission (the 'Planning Commission ") approved Tentative Tract Map No. 16860 to establish a 10 -lot residential subdivision. WHEREAS, the Anaheim City Planning Commission did receive a verified Petition from LNR Platinum Stadium, LLC, a Delaware limited liability company (the "Owner ") for approval of a Revised Tentative Tract Map No. 16860 to establish a single -lot subdivision for that certain 14.6 - acre parcel of land located at 2050 South State College Boulevard and 2015 -2125 East Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the 'Property "); and WHEREAS, Revised Tentative Tract Map No. 16860 will (i) modify the site design and product type, (ii) reduce the total number of residential units approved under Tentative Tract Map No. 16860 from 878 to 525 units within eight buildings up to 4- stories in height with subterranean parking and related improvements, (iii) revise the public park and the connector street locations, and (iv) permit a smaller park than allowed by the Anaheim Municipal Code (the "Code "); and WHEREAS, Revised Tentative Tract Map No. 16860 is proposed in conjunction with General Plan Amendment No. 2012 - 00485, Miscellaneous Case No. 2012- 00553, Variance No. 2012 -05909 and Amended and Restated Development Agreement No. 2006 - 00002; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed project actions, including Tentative Tract Map No. 16860, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning Commission finds and determines that (i) Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304, serves as the appropriate environmental documentation for the proposed Revised Tentative Tract Map and satisfies all the requirements of the California Environmental Quality Act ( "CEQA "); (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Revised Tentative Tract Map; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Revised Tentative Tract Map No. 16860; and -1- PC2012 -061 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that the proposed Revised Tentative Tract Map No. 16860 in the form presented at this meeting meets all of the requirements set forth in Resolution No. 82R -565 (the "Procedures Resolution "), which was adopted by the City Council on November 23, 1982; that is: 1. That the proposed revised tentative tract map, including its design and improvements, is consistent with the City of Anaheim General Plan for the Property, as proposed to be modified by General Plan Amendment No. 2012 -00485 and Miscellaneous Case No. 2012- 00553. 2. That the site is physically suitable for the proposed development at the proposed density and, therefore, would not cause public health or safety problems or environmental damage. 3. That the design and improvement of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably cause injury to fish or wildlife or their habitat. 4. That the design and improvement of the proposed subdivision is not likely to cause serious public health problems. 5. That the design and improvement of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Revised Tentative Tract Map No. 16860 subject to the conditions of approval described in Exhibit C attached hereto and incorporated 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. BE IT FURTHER RESOLVED that Revised Tentative Tract Map No. 16860 is hereby approved subject to the approval by the City Council of General Plan Amendment No. 2012 -00485 and Miscellaneous Case No. 2012- 00553, now pending. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions set forth in Exhibit C attached hereto. Should any such condition, or any part thereof, be declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2- PC2012 -061 BE IT FURTHER RESOLVED that 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said resolution is subject to the appeal provisions set forth in Section 17.08.100.030 of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM CITY PL NING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 10` day of September 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -061 EXHIBIT "A" DEV NO. 2012-00014 -4- PC2012 -061 APN:083- 270 -69 083 - 270-47 083 - 270 -72 083 - 270 -67 083 - 270 -61 083 - 270 -37 083 - 270 -71 083 - 270 -75 ° 083 - 270 -51 083 - 270 -73 m 083 - 270 -70 083 - 270 -74 083 - 270 -54 W J O U W ryhh � Vf 895' 30' I(I in N 965' E ORANGEWOOD AVE - •1 IF Z 0 1 a D 1 � 1 1 ® o sa ioo Source: Recorded Tract Maps and /or City GIS. Fey; Please note the accuracy is +/- two to five feet. -4- PC2012 -061 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89 59' 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59' 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY' S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17' 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 23' 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0 57' 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 49'31" TO THE POINT OF BEGINNING. -5- PC2012 -061 PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCEL 4A: AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4B: AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15 FEET OF SAID 243.26 FEET. PARCEL 4C: AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS FOLLOWS: -6- PC2012 -061 THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 7° 09' 10 "; THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9° 25' 28'; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES OF SAID EAST 243.26 FEET. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE SAID EAST 243.26 FEET. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED PARCEL 4B. PARCELS: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. -7- PC2012 -061 PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF TIID SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. [APN: 083 - 270 -67 and 083 - 270 -69 and 083 - 270 -70 and 083 - 270 -71 and 083 - 270 -72 and 083- 270-73 and 083 - 270 -74 and 083 - 270 -75 and 083 - 270 -61 and 083 - 270 -47 and 083 - 270 -37.] -8- PC2012 -061 EXHIBIT "C" CONDITIONS OF APPROVAL FOR REVISED TENTATIVE TRACT MAP NO. 16860 (DEV2012- 00014) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 1 The vehicular access rights to State College Boulevard and Orangewood Public Works, Avenue shall be released and relinquished to the City of Anaheim. Also, the Development vehicular access rights to Artisan Court and Dupont Drive, except at the Services private street openings, shall be released and relinquished to the City of Anaheim. 2 Prior to final map approval, all existing structures shall be demolished. The Public Works, developer shall obtain a demolition permit from the Building Division. Development Services 3 A maintenance covenant shall be submitted to the Subdivision Section and Public Works, approved by the City Attorney's office. The covenant shall include Development provisions for maintenance of private facilities such as private sewer, private Services street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on State College Boulevard, Orangewood Avenue, Artisan Court and Dupont Drive and all letter lots, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map- 4 The legal property owner shall execute a Subdivision Agreement, in a form Public Works, approved by the City Attorney, to complete the required public Development improvements at the legal property owner's expense. Said agreement shall Services be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. In lieu of a Subdivision Agreement, an amended Development Agreement can be utilized to satisfy this condition of approval. 5 Prior to approval of a final subdivision map or issuance o grading or f a gradi Public Works, building permit for each development project, whichever occurs first, the Development property owner /developer shall install the sanitary sewer facilities, as Services required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for the Platinum Triangle. -9- PC2012 -061 6 In the event that the owner of the property located adjacent to Tract Public Works, 16860, which adjacent property is commonly known as the proposed Development Orangewood Apartments project (APN 083 -27 -048), has not improved Services and dedicated to the City that portion of Dupont Drive for which said owner will be responsible prior to the issuance of the first building permit in phase 3, the property owner /developer shall acquire any right(s) of way (easement) lying outside the Tract Map boundary necessary to construct Dupont Drive to full width as identified in the Platinum Triangle Master Land Use Plan and City Public Works Standards, which acquisition shall be subject to and in accordance with the terms and conditions set forth in "Section 9. PUBLIC IMPROVEMENTS AND SERVICES" of the Amended and Restated Development Agreement approved in conjunction with Revised Tentative Tract Map 16860. 7 Prior to the approval of the final subdivision map, in the event that the Public Works, owner of the property located adjacent to Tract 16860, which adjacent Development property is commonly known as the proposed 'Orangewood Apartments Services project (APN 083 -27 -048), requires to construct Dupont Drive improvements, the property owner /developer shall cooperate with Orangewood Apartments to offer Dupont Drive lying within the boundary of Tract 16860 as an irrevocable offer of dedication to the City of Anaheim for public road, public utilities and other public purposes. 8 Prior to the approval of the final Tract map, the property owner /developer Public Works, shall submit a focused project access analysis that addresses project access Traffic and to the internal street system and the local arterial street system, project Transportation circulation, cumulative effects of on -site development to the phasing of Services internal streets (if project will be constructed in phases), loading areas, delivery areas, gate stacking requirements, left turn pocket lengths at two signalized intersections providing access to the site, and pedestrian linkages throughout the site. 9 Prior to the approval of the final subdivision map or issuance of a building Public Works, permit, whichever occurs first, the property owner /developer shall pay the Traffic and identified fair share responsibility as determined by the City as set forth in Transportation Mitigation Measures 9 -7 and 9 -8 of MMP 106C. The City shall allocate Services the property owners /developers fair share contribution to traffic mitigation programs that result in improved traffic flow, via an agreement mutually acceptable to Caltrans and the City. These improvements consist of any p otential mitigation measures identified in the updated traffic study. 10 It is the responsibility of the owner to remove, relocate, and/or upgrade Public Works, any traffic signal poles and equipment at the intersection of State College Traffic and Boulevard at Orangewood Avenue and State College Boulevard at Artisan Transportation Court at the owner's expense. Services -10- PC2012 -061 11 Prior to issuance of the grading permit and right -of -way construction pemnit Public Works, for the storm drain and sewer, whichever occurs first, a Save Harmless Development agreement in -lieu of an Encroachment Agreement is required to be executed, Services roved b the City and recorded b the applicant on the property for any approved Y Y Y PP P P Y storm drains connecting to a City storm drain. 12 Prior to issuance of the grading permit, the property owner shall submit Public Works, project improvement plans that incorporate the required drainage Development improvements, and the mechanisms proposed in the approved Drainage Services Report. No offsite run -off shall be blocked during and after grading operations or perimeter wall construction. 13 Prior to issuance of the first building permit, excluding model homes, the Public Works, final map shall be submitted to and approved by the City of Anaheim Development Department of Public Works and the Orange County Surveyor for technical Services review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 14 Prior to issuance of a building permit, the developer shall submit to the Public Works, Public Works Department, Development Services Division street Development improvement plans for the work on State College Boulevard, Orangewood Services Avenue, Artisan Court and Dupont Drive including but not limited to curb and gutter, sidewalk and landscape, storm drain and sewer facilities, and traffic signals. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway. 15 Prior to issuance of a building permit, the developer shall post a security to Public Works, guarantee the construction of public works improvements in an amount Development approved by the City Engineer and in a form approved by the City Services Attorney. 16 Prior to issuance of building permits, plans shall specifically indicate that Public Works, all vehicular ramps and grades conform to all applicable Engineering Traffic and Standards. Transportation Services 17 Prior to issuance of the a building permit for the parking structure, plans Public Works, shall demonstrate that at -grade ducts and overhead pipes shall not Traffic and encroach in the parking space areas or required vehicle clearance areas. Transportation Services 18 Prior to final building and zoning inspection, fire lanes shall be posted Public Works, with "No Parking Any Time." Said information shall be specifically Traffic and shown on plans submitted for building permits. Transportation Services -11- PC2012 -061 19 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic and Transportation Services 20 Prior to the final building and zoning inspection, in the event that the Public Works, owner of the property located adjacent to Tract 16860, which adjacent Traffic and property is commonly known as the proposed "Orangewood Apartments" Transportation project (APN 083 -27 -048), has not dedicated Dupont Drive and/or Services completed the following improvements, the property owner /developer shall: (a) Install a traffic signal at the intersection of Dupont Drive and Orangewood Avenue; (b) Construct Dupont Drive as identified on the Site Plan. (c) Acquire the portion of Dupont Drive lying outside the boundary of Tract 16860 as an irrevocable offer of dedication to the City of Anaheim for public road, public utilities and other public purposes which acquisition shall be subject to and in accordance with the terms and conditions set forth in "Section 9. PUBLIC IMPROVEMENTS AND SERVICES" of the Amended and Restated Development Agreement approved in conjunction with Revised Tentative Tract Map 16860. 21 Prior to the final building and zoning inspections for each phase listed Public Works, below, the public improvements shall be built by the property Development owner /developer in accordance with the following Phasing Plan and as Services shown on the Final Site Plan: Phase 1 - Complete all public improvements on Orangewood Avenue and State College Boulevard from Artisan Court to Dupont Drive and complete Artisan Court adjacent to Phase I as identified on the Phasing Exhibit in the Final Site Plan. Phase 2 - Complete the Public Park as described in Section 9.1 of the Development Agreement and the collector streets on the frontage of the Public Park. Phase 3 - Complete all public improvements required for Dupont Drive. All improvements shall be per the Platinum Triangle Master Land Use L Plan and applicable city standards. -12- PC2012 -061 22 Prior to issuance of the first building permit, the property owner /developer Public Works, shall enter into a reimbursement agreement, in a form approved by the Traffic and City of Anaheim, to provide for cost sharing for the traffic signal Transportation constructed at the intersection of Artisan Court and State College Services Boulevard. The reimbursement agreement shall be between properties implementing the Platinum Triangle Mixed Use Overlay with primary utilization of this traffic signal (as determined by a traffic study or studies approved by the City of Anaheim (currently identified as, but not limited to, Anavia, The Experience at Gene Autry Way, and Orangewood Apartments). 23 Prior to City acceptance of the public right -of -way improvements on Public Works, Artisan Court, two rows of speed lumps, also known as speed cushions, Traffic and shall be installed on Artisan Court. The speed lumps shall be 200 feet Transportation apart, centered between Dupont Drive and the project entry. Services 24 Prior to City acceptance of the public right -of -way improvements for Public Works, Orangewood Avenue, State College Boulevard, Artisan Court, and Dupont Traffic and Drive, said streets shall be posted with "No Stopping Any Time" signs and Transportation associated red curbs, except, in the locations where Dupont Drive is Services improved with designated parking stalls. Such signs shall be shown on street improvement plans submitted by the property owner /developer for the review and approval by the Public Works Department. The location of such signs shall be reviewed and approved by the City Traffic Engineering Manager. The property owner /developer shall be responsible for all costs associated with the installation of such signs. 25 Prior to final building and zoning inspection, the developer shall improve Public Works, the streets as follows: Construction 1) Improve State College Boulevard and Orangewood Avenue per the Services and Development Platinum Triangle Implementation Master Plan or as approved by the City Services Engineer (public), 2) Improve the interior collector streets (Dupont Drive and Artisan Court per the Connector and Collector Streets requirements of the Platinum Triangle Master Land Use Plan). 26 Prior to release of posted securities, the public improvements shall be Public Works, constructed by the developer and accepted by Construction Services prior Development to final zoning and building inspections. Services -13- PC2012 -061