Resolution-PC 2012-064RESOLUTION NO. PC2012 -064
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT THE PREVIOUSLY- CERTIFIED
ENVIRONMENTAL IMPACT REPORT NO. 339 AND MITIGATION
MONITORING PLAN NO. 304 SERVES AS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING
CITY COUNCIL APPROVAL OF AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 2006 -00002 (DEVELOPMENT
AGREEMENT NO. 2006- 00002B) BY AND BETWEEN THE CITY OF
ANAHEIM AND LNR PLATINUM STADIUM, LLC
(DEV2012- 00014)
WHEREAS, on January 8, 2008, the City of Anaheim and Platinum Triangle Partners,
LLC entered into that certain Development Agreement No. 2006 - 00002, which was recorded in
the Official Records of the County of Orange, California on January 22, 2008, as Instrument No.
2008000031001 (the "Development Agreement') with respect to that certain real property
located at 2050 South State College Boulevard and 2015 -2125 East Orangewood Avenue in the
City of Anaheim, County of Orange, State of California, which real property is more particularly
described in Exhibit A attached hereto and incorporated herein by this reference (the 'Property ");
and
WHEREAS, the Development Agreement provided for development of an 878 -unit
residential project consisting of six development areas, two public parks, new public connector
streets and related infrastructure (the 'Project "); and
WHEREAS, on December 16, 2008, the City Council approved Amendment No. 1 to
Development Agreement 2006 -00002 ( "Amendment No. I") to extend the Term of the
Development Agreement from an initial five -year Term to an initial eight -year Term, thereby
extending the overall Term from an initial 15 years to 18 years and, in addition, required the
Owner to provide enhanced site screening around the perimeter of the Project. The Development
Agreement and Amendment No. 1 shall be referred to herein collectively as the "Existing
Development Agreement as Amended'; and
WHEREAS, subsequent to recordation of Amendment No. 1, Platinum Triangle Partners,
LLC conveyed its right, title and interest in and to the Property and to the Existing Development
Agreement as Amended to LNR Platinum Stadium, LLC, a Delaware limited liability company
( "Owner "); and
WHEREAS, pursuant to Section 21 of the Development Agreement and Chapter 18.60 of
the Anaheim Municipal Code (the "Code "), Owner submitted a request to (i) modify the site
design and product type, (ii) reduce the total number of residential units from 878 to 525 units
within eight, 4-story buildings with subterranean parking and related amenities, (iii) revise the
public park and the connector street locations, and (iv) permit a smaller park than allowed by the
Code, as more particularly set forth in Exhibit B (the "Final Site Plan ") of the proposed
- 1 - PC2012 -064
Amended and Restated Development Agreement in the form presented at the meeting at which
this Resolution was adopted (the "Platinum Stadium Apartment Project "); and
WHEREAS, on September 6, 2012, the Planning Director approved Final Site Plan No.
2012 -00001 to provide for the development of the Platinum Stadium Apartments Project,
contingent upon the approval of Amended and Restated Development Agreement No. 2006-
00002 (Development Agreement No. 2006- 00002B), General Plan Amendment No. 2012-
00485, Revised Tentative Tract Map No. 16860, Miscellaneous Case No. 2012 -00553 and
Variance No. 2012 - 04909; and
WHEREAS, the Planning Commission of the City of Anaheim ('Planning Commission ")
conducted a public hearing for the proposed Amended and Restated Development Agreement
(Development Agreement No. 2006- 00002B) (the "Amended and Restated Development
Agreement ") at the Civic Center in the City of Anaheim 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, and considered information presented by City staff
and evidence for and against the proposed Amended and Restated Development Agreement; and
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 Amended and Restated Development 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. The proposed Amended and Restated Development Agreement is consistent with
the City's General Plan in that it is in conformance with the General Plan Mixed Use land use
designation for the Property and with the goals, policies, programs and objectives specified in the
General Plan.
2. The proposed Amended and Restated Development Agreement is compatible with
the uses authorized in, and the regulations prescribed for, the applicable zoning district in which
the Project is and will be located, and is consistent with the Platinum Triangle Mixed Use
Overlay requirements.
3. The proposed Amended and Restated Development Agreement is compatible with
the orderly development of property in the surrounding area in that it is in conformance with and
implements the Platinum Triangle Mixed Use Overlay Zone requirements.
4. The proposed Amended and Restated Development Agreement is not otherwise
detrimental to the health and safety of the citizens of the City of Anaheim.
5. The approval of the proposed Amended and Restated Development Agreement
constitutes a lawful, present exercise of the City's police power and authority under the
Procedures Resolution.
-2- PC2012 -064
WHEREAS, due to the nature of the proposed Amended and Restated Development
Agreement, 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 Amended and Restated Development Agreement
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 Amended and Restated Development Agreement; and (iii) no further environmental
documentation needs to be prepared under CEQA for the proposed Amended and Restated
Development Agreement.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council
approve and adopt Amended and Restated Development Agreement (Development Agreement
No. 2006- 00002B) in the form presented at this meeting.
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 the proposed Amended and Restated Development
Agreement, which are also 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.
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 Chapter
18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal
procedures.
4' 't /
CHAIRMAN, ANAHEIM CITY PLA G COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2012 -064
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 I O day of September 2012.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2012 -064
EXHIBIT "A"
DEV NO. 2012 -00014
-5- PC2012 -064
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
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083- 270 -73
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083 - 270 -70
083 - 270 -74
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Source: Recorded Tract
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Please note the accuracy is +I- two to five feel.
-5- PC2012 -064
EXIMIT "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.
199
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 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 49'3 1 " TO THE POINT OF BEGINNING.
-6- PC2012 -064
PARCELS:
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 T1 AT PORTION DESCRIBED AS
FOLLOWS:
-7- PC2012 -064
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.
' alm''s
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.
. M f0wal
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
-8- PC2012 -064
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.
AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST
781.93 FEET OF THE 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.
PARCEL7:
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 -37.1
-9- PC2012 -064
EXHIBIT "C"
AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2006-00002
(DEVELOPMENT AGREEMENT NO. 2006-00002B)
(DEV2012- 00014)
NOTE: Mitigation Measures ( "MM "), from Mitigation Monitoring Program No. 304 are
incorporated into these conditions of approval and are identified by the mitigation
measure number below applicable condition numbers.
_10- PC2012 -064
SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
PRIOR TO ISSUANCE OF A GRADING PERMIT OR DEMOLITION PERMITS
1
Prior to approval of each grading plan (for
Planning Division
(MM-3)
Import/Export Plan) and prior to issuance of
demolition permits (for Demolition Plans), the
Traffic and
property owner /developer shall submit Demolition
Transportation
and Import/Export Plans detailing construction
and demolition (C &D) recycling and waste
reduction measures to be implemented to recover
C &D materials. These plans shall include
identification of off -site locations for materials
export from the project and options for disposal of
excess material. These options may include
recycling of materials on -site or to an adjacent
site, sale to a soil broker or contractor, sale to a
project in the vicinity or transport to an
environmentally cleared landfill, with attempts
made to move it within Orange County. The
property owner /developer shall offer recyclable
building materials, such as asphalt or concrete for
sale or removal by private firms or public agencies
for use in construction of other projects if not all
can be reused at the project site.
2
At least 90 days prior to the initiation of grading
Development
(MNI 3 -2)
activities, for projects greater than one acre,
Services
coverage for the project must be obtained by
electronically submitting permit registration
documents to the State or obtaining coverage via
current general construction permit prescribed
method by the property owner /developer pursuant
to State and Federal National Pollution Discharge
Elimination System (NPDES) requirements. As
part of the NOI, a Surface Water Pollution
Prevention Plan (SWPPP) shall be prepared. The
_10- PC2012 -064
- 11 - PC2012 -064
property owner /developer shall also prepare and
submit to the Development Services Division of
the Public Works Department, a Water Quality
Management Plan (WQMP) in accordance with
the City's municipal NPDES requirements and
Chapter 7 of the Orange County Drainage Area
Management Plan. The WQMP must be approved
prior to issuance of grading permit. The SWPPP,
in conjunction with the WQMP, will describe the
structural and nonstructural BMPs that will be
implemented during construction (short-term)
within the Project Area as well as BMPs for long-
term operation of the Project Area that address
potential impacts to surface waters.
3
The City Engineer shall review the location of
Development
(MM10 -1)
each project to determine if it is located within an
Services
area served by deficient sewer facilities, as
identified in the latest updated sewer study for the
Platinum Triangle. If the project will increase
sewer flows beyond those programmed in the
appropriate master plan sewer study for the area or
if the project currently discharges to an existing
deficient sewer system or will create a deficiency
in an existing sewer line, the property
owner /developer shall be required to guarantee
mitigation of the impact to adequately serve the
area to the satisfaction of the City Engineer and
City Attorney's Office. Prior to approval of a final
subdivision map or issuance of a grading or
building permit for each development project,
whichever occurs first, the property
owner /developer shall be required to install the
sanitary sewer facilities, as required by the City
Engineer, to mitigate the impacts of the proposed
development based upon the latest updated sewer
study for the Platinum Triangle. Additionally, the
property owner /developer shall participate in the
Infrastructure Improvement (Fee) Program, if
adopted for the project area, as determined by the
City Engineer, which could include fees, credits,
reimbursements, construction, or a combination
thereof.
4
Prior to approval of a final subdivision map or
Development
(MM10 -3)
issuance of a grading or building permit for each
Services
development project, whichever occurs first, the
- 11 - PC2012 -064
-12- PC2012 -064
property owner /developer shall contact Orange
County Sanitation District (OCSD) regarding
sewer capacity. Additionally, if requested by the
OCSD, the property owner /developer shall place
up to three flow monitoring devices for up to a
month to verify capacity and ensure consistency
with the OCSD's modeling results..
5
Prior to issuance of a building permit, additional
Development
(MM10 -6)
analysis shall be performed using flow, wet-
Services
weather data, and other information specific for that
project in order to obtain more accurate results of
the surcharge levels for final design.
6
Prior to the issuance of the first building permit,
Water Engineering
(MM10 -8)
the property owner /developer shall provide
Division
engineering studies, including network analysis, to
size the water mains for ultimate development
within the project. This includes detailed water
usage analysis and building plans for Public
Utilities Water Engineering reviews and approval
in determining project water requirements and
appropriate water assessment fees.
7
Prior to the issuance of the first building permit or
Water Engineering
(MM10 -9)
grading permit, whichever occurs first, the
property owner /developer shall indicate on plans
installation of a separate irrigation meter when the
total landscaped area exceeds 2,500 square feet.
(City of Anaheim Water Conservation Measures)
8
The property owner shall comply with Rule 15D
Water Engineering
of the Water Utilities Rates, Rules, and
Regulations and pay all applicable water
assessment fees.
Prior to issuance of a building permit or grading
Resource Efficiency
9 1
permit, whichever occurs first, the property
(MM10 -13)
owner /developer shall indicate on plans water
efficient design features including, but not limited
to (as applicable to the type of development at
issue) waterless water heaters, waterless urinals,
automatic on and off water faucets, and water
efficient appliances.
Prior to issuance of a building permit or grading
Water Engineering
10
permit, whichever occurs first, the property
-12- PC2012 -064
(MM10 -14)
owner /developer shall indicate on plans
installation of a separate irrigation lines and use
recycled water when it becomes available. All
irrigation systems shall be designed so that they
will function properly with recycled water. The
property owner /developer shall contact the Public
Utilities Department, Water Engineering Division,
for recycled water system requirements and
specific water conservation measures to be
incorporated into the building and landscape
construction plans.
11
Prior to approval of a final subdivision map or
Development
(MM10 -17)
issuance of a grading or building permit,
Services
whichever occurs first, the City Engineer shall
review the location of each project to determine if
it is located within an area served by deficient
drainage facilities, as identified in the Master Plan
of Storm Drainage for East Garden Grove
Wintersburg Channel Tributary Area. If the
project will increase stormwater flows beyond
those programmed in the appropriate master plan
drainage study for the area or if the project
currently discharges to an existing deficient storm
drain system or will create a deficiency in an
existing storm drain, the property owner /developer
shall be required to guarantee mitigation of the
impact to adequately serve the area to the
satisfaction of the City Engineer and City
Attorney's Office. The property owner /developer
shall be required to install the drainage facilities,
as required by the City Engineer to mitigate the
impacts of the proposed development based upon
the Development Mitigation within Benefit Zones
of the Master Plan of Storm Drainage for East
Garden Grove Wintersburg Channel Tributary
Area, prior to acceptance for maintenance of
public improvements by the City or final Building
and Zoning inspection for the building/ structure,
whichever occurs first. Additionally, the property
owner /developer shall participate in the
Infrastructure Improvement (Fee) Program, if
adopted for the Project Area, as determined by the
City Engineer, which could include fees, credits,
reimbursements, construction, or a combination
thereof.
-13- PC2012 -064
-14- PC2012 -064
Prior to the approval of each grading plan (for
Streets and Sanitation
12
importlexport plan) and prior to issuance of
(MM 10 -20)
demolition permits (for demolition plans), the
Planning Division
property owner /developer shall submit a
Demolition and Import/ Export Plans, if
Traffic and
determined to be necessary by the Public Works
Transportation
Department, Traffic Engineering Division and/or
Street and Sanitation Division. The plans shall
include identification of off -site locations for
material export from the project and options for
disposal of excess material. These options may
include recycling of materials on -site, sale to a
broker or contractor, sale to a project in the
vicinity or transport to an environmentally cleared
landfill, with attempts made to move it within
Orange County. The property owner /developer
shall offer recyclable building materials, such as
asphalt or concrete for sale or removal by private
firms or public agencies for use in construction of
other projects, if all cannot be reused on the
project site.
13
Prior to issuance of each building permit or
Electrical
(MM10 -23)
grading permit, whichever occurs first, the
Engineering
property owner /developer shall install their portion
of the underground electrical service from the
Public Utilities Distribution System as determined
by the City of Anaheim Public Utilities
Department. The Underground Service will be
installed in accordance with the Electric Rules,
Rates, Regulations and Electrical Specifications of
Underground Systems. Electrical service fees and
other applicable fees will be assessed in
accordance with the Electric Rules, Rates,
Regulations or another financial mechanism
approved by the City. The underground electrical
service will consist of the following improvements
to the current electric facilities:
• Relocate Southern California Edison
transmission line underground on
Katella Avenue from west of the Union
Pacific Railroad to Lewis Street (850
feet).
• Relocate Southern California Edison
communication line underground on
Katella Avenue from Lewis Street to
east of State College Boulevard (2,400
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- 15- PC2012 -064
feet).
• A new distribution duct bank on Katella
Avenue from Lewis Street to 700 feet
west of State College Boulevard (2,400
feet).
• Relocate distribution circuits
underground on Katella Avenue from
Lewis Street to 700 feet west of State
College Boulevard (2,400 feet).
• A new distribution duct bank on
Orangewood Avenue from Anaheim
Way to State College Boulevard (1,500
feet).
• Relocation a distribution circuit
underground on Orangewood Avenue
from State College Boulevard to west of
the Santa Ana River (1,600 feet).
• A new distribution duct bank on Gene
Autry Way from I -5 to State College
Boulevard (2,500 feet).
• A new distribution duct bank on
Anaheim Way from 700 feet north of
Katella Avenue to Orangewood Avenue
(3,400 feet).
• A new distribution duct bank on Lewis
Street from Katella Avenue to Gene
Autry Way (950 feet).
• Relocate a distribution circuit
underground on Douglas Street from
Katella Avenue to Cerritos Avenue
(1,000 feet).
14
Prior to issuance of each building permit or
Electrical
(MM10 -25)
grading permit, whichever occurs first, the
Engineering
property owner /developer shall install their portion
of the underground electrical service from the
Public Utilities Distribution System as determined
by the City of Anaheim Public Utilities
Department. The Underground Service will be
installed in accordance with the Electric Rules,
Rates, Regulations and Electrical Specifications of
Underground Systems. Electrical service fees and
other applicable fees will be assessed in
accordance with the Electric Rules, Rates
Regulations or another financial mechanism
approved by the City. The underground electrical
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-16- PC2012 -064
service will consist of the following improvements
to the current electric facilities:
• Two new distribution duct banks on
Katella Avenue from Anaheim Way to
Lewis Street (800 feet).
• A new distribution duct bank on Katella
Avenue from Douglas Road to Howell
Avenue (2,000 feet).
• Anew distribution duct bank on State
College Boulevard from Cerritos
Avenue to Katella Avenue (2,600 feet).
• Anew distribution duct bank on
Orangewood Avenue from I -5 to the
Santa Ana River (4,800 feet).
• A new distribution duct bank on Gene
Autry Way from Haster Street to the
east side of 1 -5 (2,500 feet).
• A new distribution duct bank on Gene
Autry Way from I -5 to State College
Boulevard (2,500 feet).
• A new transmission duct bank on
Anaheim Way from 700 feet north of
Katella Avenue to Orangewood Avenue
(3,400 feet).
• Anew transmission duct bank on Lewis
Street and Santa Cruz Street from
Katella Avenue to Orangewood Avenue
(3,000 feet).
• A new distribution duct bank on the east
side of the Angel Stadium parking lot
from Orangewood Avenue to the SR -57
(2,000 feet).
A new distribution duct bank on Douglas Road
from SR -57 to Cerritos Avenue (4,000 feet).
15
Prior to the approval of the final Tract map, the
Traffic and
property owner /developer shall submit a focused
Transportation
project access analysis that addresses project
Services
access to the internal street system and the local
arterial street system, project circulation,
cumulative effects of on -site development to the
phasing of internal streets (if project will be
constructed in phases), loading areas, delivery
areas, gate stacking requirements, left turn pocket
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lengths at two signalized intersections providing
access to the site, and pedestrian linkages
throughout the site.
16
Prior to issuance of the grading permit and right -of-
Development
way construction permit for the storm drain and
Services
sewer, whichever occurs first, a Save Harmless
agreement in -lieu of an Encroachment Agreement is
required to be executed, approved by the City and
recorded by the applicant on the property for any
storm drains connecting to a City storm drain.
17
Prior to issuance of the grading permit, the property
Development
owner shall submit project improvement plans that
Services
incorporate the required drainage improvements,
and the mechanisms proposed in the approved
Drainage Report. No offsite run -off shall be
blocked during and after grading operations or
perimeter wall construction.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
18(MM2 -4)
The property owner /developer shall submit
South Coast Air
evidence that high - solids or water -based low
Quality Management
emissions paints and coatings are utilized in the
District
design and construction of buildings, in
compliance with South Coast Air Quality
Management District's regulations. This
information shall be denoted on the project plans
and specifications. Additionally, the property
owner /developer's shall specify the use of high -
volume /low- pressure spray equipment or hand
application. Air - atomized spray techniques shall
not be permitted. Plans shall also show that
property owner /developers shall construct/build
with materials that do not require painting, or use
prepainted construction materials, to the extent
feasible.
19
The property owner /architect shall submit energy
(MM2 -6)
calculations used to demonstrate compliance with
Building Division
the performance approach to the California Energy
Efficiency Standards to the Building Division that
shows each new structure exceeds the applicable
Building and Energy Efficiency Standards by a
minimum of 10 percent at the time of the building
permit. Prior to issuance of a building permit,
plans shall show the following:
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a) Energy - efficient roofing systems, such as
vegetated or "cool" roofs, that reduce roof
temperatures significantly during the
summer and; therefore, reduce the energy
requirement for air conditioning. Examples
of energy efficient building materials and
suppliers can be found at the following
website: http: / /eetd.lbl.gov /CoolRoofs/ or
other similar websites.
b) Cool pavement materials such as lighter -
colored pavement materials, porous
materials, or permeable or porous
pavement, for all roadways and walkways
not within the public right -of -way, to
minimize the absorption of solar heat and
subsequent transfer of heat to its
surrounding environment. Examples of
cool pavement materials are available at:
http://www.epa.gov/heatisld/
images / extra /level3_pavingproducts.html
or other similar websites.
c) Energy saving devices that achieve the
existing 2008 Building and Energy
Efficiency Standards, such as use of energy
efficient appliances (e.g., EnergyStar a
appliances) and use of sunlight - filtering
window coatings or double -paned
windows.
d) Electrical vehicle charging stations for all
commercial structures encompassing over
50,000 square -feet.
e) Shady trees strategically located within
close proximity to the building structure to
reduce heat load and resulting energy
usage at residential, commercial, and
office.
20
Prior to approval of street improvement plans for
Development
(MM5 -1)
any project - related roadway widening, the City
Services
shall retain a qualified acoustic engineer to design
project acoustical features that will limit traffic
Building Division
noise at noise sensitive uses to levels that are
below the City's noise ordinance. These
treatments shall be noted on the street
improvement plans to the satisfaction of the
Planning Department and may include, but are not
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limited to, the replacement of windows and doors
at existing residences with acoustically rated
windows and doors.
21
Prior to approval of sanitary sewer connections for
Public Works
(MM10 -4)
each development project, the property
Department,
owner /developer shall be required to install the
Development
sanitary sewer facilities, as required by the City
Services Division
Engineer, to prevent the sewer spill for below -grade
structures of the proposed development based upon
the latest updated sewer study for the Platinum
Triangle. Where requested by the City Engineer,
sewer improvements shall be constructed with
larger than recommended diameter to maintain the
surcharge levels within the pipe and the invert
elevation of sewer laterals shall be located above
the hydraulic grade line elevation of the surcharge
levels when they are above the pipe crown.
22
The project property owner /developers shall
Building Division
(MM5 -2)
submit a final acoustical report prepared to the
satisfaction of the Planning Director. The report
shall show that the development will be sound -
attenuated against present and projected noise
levels, including roadway, aircraft, helicopter,
stationary sources (e.g., industrial, commercial,
stadium, etc.), and railroad, to meet City interior
noise standards as follows: .
a) The report shall demonstrate that the
proposed residential design will result in
compliance with the 45 dBA CNEL interior
noise levels, as required by the California
Building Code and California Noise
Insulation Standards (Title 24 and 25 of the
California Code of Regulations).
b) The report shall demonstrate that the
Proposed Project residential design shall
minimize nighttime awakening from
stadium event noise and train homs such
that interior single -event noise levels are
below 81 dBA L
The property owner /developer shall submit the
noise mitigation report to the Planning Director for
review and approval. Upon approval by the City,
the project acoustical design features shall be
incorporated into construction of the Proposed
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Project.
23
To reduce noise and vibration impacts from the
Building Division
(MM5 -5)
impact pile driver, the construction contractor
shall evaluate the feasibility of using auger cast
piles or a similar system to drill holes to construct
cast -in -place piles for a pile - supported transfer
slab foundation system. This alternative
construction method would reduce the duration
necessary for use of the impact pile driver and /or
eliminate the need to use pile drivers altogether.
Proof of compliance with this measure shall be
submitted to the Planning Department in the form
of a letter from the construction contractor.
24
Plans shall indicate that all buildings shall have
Fire Department
(MM7 -1)
fire sprinklers in accordance with the Anaheim
Municipal Code. Said sprinklers shall be installed
by the property owner /developer prior to each
final Building and Zoning inspection.
25
The property owner /developer shall pay the Public
Fire Department
(MM7 -2)
Safety Impact Fee, as amended from time to time,
for fire facilities and equipment impact fees
identified in Anaheim Municipal Code Chapter
17.36.
26
The property owner /developer shall submit plans
Police Department
(MM7 -3)
to the Anaheim Police Department for review and
approval for the purpose of incorporating safety
measures in the project design including
implementation of Ordinance 6016 and the concept
of crime prevention through environmental design
(i.e., building design, circulation, site planning and
lighting of parking structure and parking areas).
Rooftop addresses shall be provided for all parking
structures (for the police helicopter). Minimum
size for numbers shall be four feet in height and
two feet in width. The lines for the numbers shall
be six inches thick and spaced 12 to 18 inches
apart. All numbers shall have a contrasting color to
the parking structure and shall face the street to
which the structure is addressed.
27
For a parking structure, the property
Police Department
(MM74)
owner /developer shall submit plans to the
Anaheim Police Department for review and
approval indicating the provision of closed circuit
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monitoring and recording or other substitute
security measures as may be approved by the
Anaheim Police Department. Said measures shall
be implemented prior to final Building and Zoning
inspections.
28
The property owner /developer shall submit design
Police Department
(MM7 -5)
plans that shall include parking lots and parking
structures with controlled access points to limit
ingress and egress if determined to be necessary
by the Anaheim Police Department, and shall be
subject to the review and approval of the Anaheim
Police Department.
29
The property owner /developer shall pay the school
Community
(MM7 -9)
impact fees as adopted by the Board of Trustees of
Development
the Anaheim Union High School District and
Anaheim City School District in compliance with
Building Division
Senate Bill 50 (Government Code [GC] Section
65995 [b][3] as amended).
30
The property owner /developer shall pay the
Traffic and
(MM94)
appropriate Traffic Signal Assessment Fees,
Transportation
Traffic Impact and Improvement Fees, and
Platinum Triangle Impact Fees to the City of
Anaheim in amounts determined by the City
Council Resolution in effect at the time of
issuance of the building permit with credit given
for City - authorized improvements provided by the
property owner /developer; and participate in all
applicable reimbursement or benefit districts
which have been established.
31
Prior to approval of the first building permit the
Traffic and
(1V" -5)
property owner /developer shall irrevocably offer
Transportation
for dedication (with subordination of easements),
including necessary construction easements, the
ultimate arterial highway right(s) -of -way adjacent
to their property as shown in the Circulation
Element of the Anaheim General Plan and
consistent with the adopted Platinum Triangle
Master Land Use Plan.
32
Any project forecast to generate 100 or more peak
Traffic and
(MM 9 -6)
hour trips, as determined by the City Traffic and
Transportation
Transportation Manager utilizing Anaheim Traffic
Analysis Model Trip Generation Rates, property
owner /developers shall prepare traffic
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improvement phasing analyses to identify when
the improvements identified in the Revised
Platinum Triangle Expansion Project Draft Traffic
Study Report, Parson Brinckerhoff, August 2010
(Appendix F of this SEIR) shall be designed and
constructed. The Development Agreement
Conditions of Approval shall require the property
owner /developer to implement traffic
improvements as identified in the project traffic
study to maintain satisfactory levels of service as
defined by the City's General Plan, based on
thresholds of significance, performance standards
and methodologies utilized in SEIR No. 339,
Orange County Congestion Management Program
and established in City of Anaheim Traffic Study
Guidelines. The improvement phasing analyses
will specify the timing, funding, construction and
fair share responsibilities for all traffic
improvements necessary to maintain satisfactory
levels of service within the City of Anaheim and
surrounding jurisdictions. The Development
Agreement Conditions of Approval shall require
the property owner /developer to construct, bond
for or enter into a funding agreement for necessary
circulation system improvements, as determined
by the City Traffic and Transportation Manager,
unless alternative funding sources have been
identified.
33
In conjunction with the preparation of any traffic
Traffic and
(MM9 -7)
improvement phasing analyses as required in
Transportation
Mitigation Measure 9 -6, property owners
/developers will analyze to determine when the
intersection improvements shall be constructed,
subject to the conditions identified in Mitigation
Measure 9 -6 of Mitigation Monitoring Plan No.
106C.
The improvement phasing analyses will specify
the timing, funding, construction and fair -share
responsibilities for all traffic improvements
necessary to maintain satisfactory levels of service
within the City of Anaheim and surrounding
jurisdictions. At minimum, fair -share calculations
shall include intersection improvements, rights -of-
way, and construction costs, unless alternative
funding sources have been identified to help pay
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for the improvement.
The Development Agreement Conditions of
Approval shall require the property
owner /developer to construct, bond for or enter
into a funding agreement for necessary circulation
system improvements, as determined by the City
Traffic and Transportation Manager, unless
alternative funding sources have been identified.
34
In conjunction with the preparation of any traffic
Traffic and
(MM9 -8)
improvement phasing analyses as required in
Transportation
Mitigation Measure 9 -6, the following actions
shall be taken in cooperation with the City of
Orange:
a) The traffic improvement phasing analysis
shall identify any impacts created by the
project on facilities within the City of
Orange. The fair -share percentage
responsibility for mitigating these impacts
shall be calculated in this analysis.
b) The City of Anaheim shall estimate the
cost of the project's fair -share
responsibility in cooperation with the City
of Orange.
c) The Proposed Project shall pay the City of
Anaheim the fair - share cost prior to
issuance of a building permit. The City of
Anaheim shall hold the amount received in
trust, and then, once a mutually agreed
upon joint program is executed by both
cities, the City of Anaheim shall allocate
the fair -share contribution to traffic
mitigation programs that result in improved
traffic flow at the impacted locations, via
an agreement mutually acceptable to both
cities.
d) The City shall work with the City of
Orange to amend the JCFA to ensure the
fair share fees collected to mitigate arterial
and intersection impacts in the City of
Orange are mitigated to the extent feasible.
35
In conjunction with the preparation of any traffic
Development
(MM9 -9)
improvement phasing analyses as required in
Services
Mitigation Measure 9 -6, and assuming that a
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regional transportation agency has not already
programmed and funded the warranted
improvements to the impacted freeway mainline
or freeway ramp locations, property
owners /developers and the City will take the
following actions in cooperation with Caltrans:
a) The traffic study will identify the Project's
proportionate impact on the specific
freeway mainline and /or freeway ramp
locations and its fair share percentage
responsibility for mitigating these impacts
based on thresholds of significance,
performance standards and methodologies
utilized in SEIR No. 339 and established in
the Orange County Congestion
Management Program and City of
Anaheim Traffic Study Guidelines.
b) The City shall estimate the cost of the
project's fair -share responsibility in
cooperation with Caltrans.
36
Prior to the approval of a building permit the
Traffic and
(MM9 -10)
property owner /developer shall pay the identified
Transportation
fair -share responsibility as determined by the City
as set forth in Mitigation Measure 9 -9. The City
shall allocate the property owners /developers fair -
share contribution to traffic mitigation programs
that result in improved traffic flow on the
impacted mainline and ramp locations, via an
agreement mutually acceptable to Caltrans and the
City.
37
Prior to approval of the first building permit the
Traffic and
(MM9 -11)
property owner /developer shall irrevocably offer
Transportation
for dedication (with subordination of easements),
including necessary construction easements, the
ultimate arterial highway right(s) -of -way adjacent
to their property as shown in the Circulation
Element of the Anaheim General Plan and
consistent with the adopted Platinum Triangle
Master Land Use Plan, regardless of the level of
impacts generated by the project.
Prior to issuance of the first building permit for
Traffic and
38
each building, the property owner /developer shall
Transportation
(MM9 -14)
pay the appropriate Traffic Signal Assessment
Division
Fees, Traffic Impact and Improvement Fees, and
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-25- PC2012 -064
Platinum Triangle Impact Fees to the City of
Anaheim in amounts determined by the City
Council Resolution in effect at the time of
issuance of the building permit with credit given
for City - authorized improvements provided by the
property owner /developer; and participate in all
applicable reimbursement or benefit districts
which have been established.
39
The property owner /developer shall meet with the
Traffic and
(MM9 -15)
Traffic and Transportation Manager to determine
Transportation
whether a bus stop(s) is required to be placed
adjacent to the property. If a bus stop(s) is
Orange County
required, it shall be placed in a location that least
Transportation
impacts traffic flow and may be designed as a bus
Authority (OCTA)
turnout or a far side bus stop as required by the
Traffic and Transportation Manager and per the
approval of the Orange County Transportation
Authority (OCTA).
40
Landscape plans shall demonstrate compliance
Resource Efficiency
(MM10 -7)
with the City of Anaheim adopted Landscape
Water Efficiency Guidelines. This ordinance is in
Public Works,
compliance with the State of California Model
Development
Water Efficient Landscape Ordinance (AB 1881).
Services
Among the measures to be implemented with the
project are the following:
• Use of water- conserving landscape plant
materials wherever feasible;
• Use of vacuums and other equipment to
reduce the use of water for wash down of
exterior areas;
• Low -flow fittings, fixtures and equipment
including low flush toilets and urinals;
• Use of self- closing valves for drinking
fountains;
• Use of efficient irrigation systems such as
drip irrigation and automatic systems
which use moisture sensors;
• Infrared sensors on sinks, toilets and
urinals;
• Infrared sensors on drinking fountains;
• Use of irrigation systems primarily at
night, when evaporation rates are lowest;
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-26- PC2012 -064
• Water - efficient dishwashers, clothes
washers, and other water using
appliances;
o Cooling tower recirculating system;
o Use of low -flow sprinkler heads in
irrigation system;
• Use of waterway recirculation systems;
• Provide information to the public in
conspicuous places regarding water
conservation; and
• Use of reclaimed water for irrigation and
washdown when it becomes available.
In conjunction with submittal of landscape and
building plans, the applicant shall identify which
of these measures have been incorporated into the
plans.
41
Submitted landscape plans for all residential,
Resource Efficiency
(MM 10 -12)
office and commercial landscaping shall
demonstrate the use of drought tolerant plant
materials pursuant to the publication entitled
"Water Use Efficiency of Landscape Species" by
the U.C. Cooperative Extension, August 2000.
42
The property owner /developer shall submit project
Streets and Sanitation
(MM10 -18)
plans to the Streets and Sanitation Division of the
Public Works Department for review and approval
to ensure that the plans comply with AB939, and
the Solid Waste Reduction Act of 1989, and the
County of Orange and City of Anaheim Integrated
Waste Management Plans as administered by the
City of Anaheim. Implementation of said plan
shall commence upon occupancy and shall remain
in full effect as required by the Street and
Sanitation Division and may include, at its
discretion, the following plan components:
• Detailing the locations and design of on-
site recycling facilities.
• Participating in the City of Anaheim's
"Recycle Anaheim" program or other
substitute program as may be developed by
the City or governing agency.
• Facilitating cardboard recycling (especially
in retail areas) by providing adequate space
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-27- PC2012 -064
and centralized locations for collection and
bailing.
• Providing trash compactors for non -
recyclable materials whenever feasible to
reduce the total volume of solid waste and
number of trips required for collection.
• Providing on -site recycling receptacles
accessible to the public to encourage
recycling for all businesses, employees,
and patrons where feasible.
• Prohibiting curbside pick -up.
Ensuring hazardous materials disposal complies
with federal, state, and city regulations.
43
The property owner /developer shall submit plans
Business and
(MM 10 -21)
showing that each structure will exceed the State
Community
Energy Efficiency Standards for Nonresidential
Programs
Buildings (Title 24, Part 6, Article 2, California
Code of Regulations) by a minimum of 10 percent
and will consult with the City of Anaheim Public
Utilities Department Business and Community
Programs Division. This consultation shall take
place during project design in order to review Title
24 measures that are incorporated into the project
design energy efficient practices and allow
potential system alternatives such as thermal
energy storage air- conditioning, lighting, and
building envelope options. Plans submitted for
building permits shall show the proposed energy
efficiencies and systems alternatives.
44
The property owner /developer shall indicate on
Business and
(MM 10 -22)
plans energy- saving practices that will be
Community
implemented with the project in compliance with
Programs
Title 24, which may include the following:
• High- efficiency air- conditioning with EMS
(computer) control.
• Variable Air Volume (VAV) air
distribution.
• Outside air (100 percent) economizer
cycle.
• Staged compressors or variable speed
drives to flow varying thermal loads.
• Isolated HVAC zone control by
-27- PC2012 -064
floors /separable activity areas.
• Specification of premium- efficiency
electric motors (i.e., compressor motors,
air - handling units, and fan -coil units).
• Use of occupancy sensors in appropriate
spaces.
• Use of compact fluorescent lamps.
• Use of cold cathode fluorescent lamps.
• Use of EnergyStar O exit lighting or exit
signage.
• Use of T -8 lamps and electronic ballasts
where applications of standard
fluorescent fixtures are identified.
• Use of lighting power controllers in
association with metal- halide or high -
pressure sodium (high intensity
discharge) lamps for outdoor lighting and
parking lots.
• Consideration of thermal energy storage air
conditioning for spaces or facilities that
may require air- conditioning during
summer, day -peak periods.
• Consideration for participation in
Advantage Services Programs such as:
• New construction design review, in
which the City cost - shares
engineering for up to $15,000 for
design of energy efficient buildings
and systems.
• New Construction — Cash
incentives $400 per kW or $0.15 per
kWh saved for each measure and up
to $200,000 per facility for efficiency
that exceed Title 24 requirements.
• Green Building Program — Offers
accelerated plan approval, financial
incentives, waived plan check fees
and free technical assistance.
• Use of high efficiency toilets (1.28 gallons
per flush [gpf] or less).
• Use of zero to low water use urinals (0.0
gpf to 0.25 gpf).
• Use of weather -based irrigation controllers
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for outdoor irrigation.
Use of draught- tolerant and native plants in
outdoor landscaping.
45
The property owner /developer shall submit plans
Business and
(MM 10 -24)
for review and approval which shall ensure that
Community
buildings exceed the State Energy Efficiency
Programs
Standards for Nonresidential buildings (Title 24,
Part 6, Article 2, California Administrative Code)
by a minimum of 10 percent.
46
Prior to issuance of each building permit or
Electrical
(MM10 -26)
grading permit, the property owner /developer shall
Engineering
provide an electrical load analysis to the City of
Anaheim Public Utilities Department (APUD).
The analysis shall include a load schedule and
maximum electrical coincident demand. Should
the property owner /developer's load analysis
result in a contributed load forecasted to exceed 20
MVA above the existing 40 MVA capacity of the
electrical system currently serving the Platinum
Triangle area, the APUD will initiate construction
of a new electrical substation within the Platinum
Triangle project area. Electrical service fees and
other applicable fees for the electrical substation
will be assessed in accordance with the Electric
Rules, Rates, Regulations or another financial
mechanism approved by the City design features.
47
The property owner /developer shall submit a plan
Water Engineering
to the Water Engineering Division of the Public
Utilities Department showing the individual water
service installations required to serve each
building, including locations of proposed large
meters with easements, small meters, and fire lines
with backflow devices. The plan shall
demonstrate that all backflow devices will be
located aboveground outside the street setback
area in a manner fully screened from all public
streets and in locations approved by the Public
Utilities Department and the Planning Department.
The plans shall also demonstrate that any existing
water services fire lines, and backflow devices
conform to current Water Utility Standards and/or
existing water services and/or fire lines that are
not approved for continued use by Water
Engineering shall be upgraded to current
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-30- PC2012 -064
standards, or abandoned, if no longer needed, by
the property owner /developer.
48
Prior to issuance of a building permit, the property
Water Engineering
owner /developer shall pay his project's
proportionate share of the cost to prepare the
Water Supply Assessment for the Platinum
Triangle SEIR No. 339.
49
The Owner shall submit a water system master
Water Engineering
plan, including hydraulic distribution network
analysis and estimates of the maximum required
fire flow rate and the maximum day and peak hour
water demands for the development to the Water
Engineering Division of the Public Utilities
Department for review and approval. The master
plan shall demonstrate the adequacy of the
proposed on -site water system to meet the
project's water demands and fire protection
requirements without reducing existing service
levels or impacting any existing water supply or
conveyance facilities. Any off -site water system
improvements required to serve the project shall
be done in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules and Regulations.
A water improvement plan shall be submitted to
Water Engineering
50
the Water Engineering Division for approval and a
performance bond in the amount approved by the
City Engineer and form approved by City
Attorney shall be posted with the City of Anaheim
51
A minimum of two (2) connections to the public
Water Engineering
water system and water line looping shall be
provided. One water connection shall be provided
at State College Boulevard. The other connection
shall be provided at Orangewood Avenue. The
public water main in DuPont Drive shall be a
minimum of 12- inches in diameter and sized to
handle the demands of both TTM No. 16860
(DAG2006- 00002B) and 2211 E. Orangewood
Avenue (DAG2006- 00003).
• Maintain 10 ft of minimum horizontal
clearance (outside to outside) between Sewer
and Water line.
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• Maintain a minimum 3 ft horizontal clearance
between proposed water main and proposed
curb face.
• Maintain 5 ft of minimum horizontal clearance
(outside to outside) between Water line and all
other utilities (except Sewer).
No water mains or laterals allowed under parking
stalls or parking lots.
52
All requests for new water services or fire lines, as
Water Engineering
well as any modifications, relocations, or
abandonments of existing water services and fire
lines, shall be coordinated through Water
Engineering Division of the Anaheim Public
Utilities Department.
53
Prior to issuance of a building permit it the
Water Engineering
following shall be determined:
1) No public water mains or public water
facilities shall be installed in any alleys or
paseos.
2) No water mains or laterals allowed under
parking stalls.
3) Separate services shall be installed for
domestic and fire water.
4) All fire services 2 -inch and smaller shall be
metered with a UL listed meter, Hershey
Residential Fire Meter with Translator
Register, no equals.
5) Large water meters shall be located on
private property in an easement, outside of
the setback area.
6) Lead -free backflow prevention assemblies
meeting the City of Anaheim's current
standards shall be installed at all domestic
water service meters. Backflow prevention
assemblies meeting the City of Anaheim's
current standards shall be installed at all
fire and irrigation services. Additionally,
the location and type of all meters and
backflow prevention assemblies shall be
subject to the review and approval of
Anaheim Water Engineering during the
final design stage.
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7) Although the conceptual water system
layout is acceptable to Anaheim Water
Engineering, the final alignment and layout
shall be subject to the review and approval
of Anaheim Water Engineering during the
final design phase.
54
Owner /developer shall acquire and provide an
Water Engineering
easement to the City of Anaheim for all locations
where public water main crosses Orange County
Flood Control District Right -of -Way and facilities
(both existing AND proposed flood facilities). The
City will cooperate and assist in the acquisition of
the easement.
55
The City's grant easement deed language
Water Engineering
requirements (i.e., City is ONLY responsible for
replacing asphalt paving when it makes repairs or
replacements to public water facilities in private
streets, it is NOT responsible for slurry sealing,
replacing concrete, pavers, or any other decorative
hardscape, walls, or landscaping) shall be included
in easement deeds for all public water facilities
located on private property.
56
The applicant shall demonstrate to the City that
Water Engineering
adequate water supply exists to serve the Proposed
Project. If it cannot be demonstrated that adequate
water exists to serve the specific project, the
project shall not be approved.
57
"No Trespassing 602(k) P.C." posted at the
Police Department
entrances of parking lots /structures and located in
other appropriate places. Signs must be at least 2'
x 1' in overall size, with white background and
black 2" lettering.
58
All entrances to parking areas should be posted
Police Department
with appropriate signs per 22658(a) C.V.C. to
assist in removal of vehicles at the property
owner's /manager's request.
59
The proposed project shall comply with all State
Electrical
Energy Insulation Standards and City of Anaheim
Engineering
codes in effect at the time of application for
building permits. (Commonly referred to as Title
24, these standards are updated periodically to
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allow consideration and possible incorporation of
new energy efficiency technologies and methods.)
60
Prior to approval of permits for improvement
Electrical
plans, the property owner /developer shall
Engineering
coordinate with Electrical Engineering to establish
electrical service requirements and submit electric
system plans, electrical panel drawings, site plans,
elevation plans, and related technical drawings and
specifications.
61
That curbs adjacent to the drive aisles shall be
Transportation and
painted red to prohibit parallel parking in the drive
Traffic
aisles. Red curb locations shall be clearly labeled
on building plans.
62
That prior to issuance of building permits, plans
Traffic and
shall specifically indicate that all vehicular ramps
Transportation
and grades conform to all applicable Engineering
Standards.
63
That prior to issuance of the a building permit for
Traffic and
the parking structure, plans shall demonstrate that
Transportation
at -grade ducts and overhead pipes shall not
encroach in the parking space areas or required
vehicle clearance areas.
64
Prior to issuance of the first building permit,
Development
excluding model homes, the final map shall be
Services
submitted to and approved by the City of Anaheim
Department of Public Works and the Orange
County Surveyor for technical 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.
65
Prior to issuance of a building permit, the developer
Development
shall submit to the Public Works Department,
Services
Development Services Division street improvement
plans for the work on State College Boulevard,
Orangewood 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.
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66
Prior to issuance of a building permit, the developer
Development
shall post a security to guarantee the construction
Services
of public works improvements in an amount
approved by the City Engineer and in a form
approved by the City Attorney.
67
The Public Park recreation amenities shall be
Community Services
designed to the satisfaction of Community
Services Department and in substantial
conformance with Final Site Plan exhibits.
ON -GOING DURING GRADING AND CONSTRUCTION
68
The property owner /developer shall be responsible
South Coast Air
(MM 2 -1)
for requiring contractors to implement the
Quality Management
following measures to reduce construction - related
District
emissions; however, the resultant value is
expected to remain significant.
Public Works
a) The contractor shall ensure that all
Department
construction equipment is being properly
Building Division
serviced and maintained in accordance
with the manufacturer's recommendations
to reduce operational emissions.
b) The contractor shall use Tier 3 or higher, as
identified by the United States
Environmental Protection Agency, off -road
construction equipment with higher air
pollutant emissions standards for
equipment greater than 50 horsepower,
based on manufacturer's availability.
c) The contractor shall utilize existing power
sources (e.g., power poles) or clean -fuel
generators rather than temporary diesel -
power generators, where feasible.
69
The property owner /developer shall implement the
South Coast Air
(MM 2 -2)
following measures in addition to the existing
Quality Management
requirements for fugitive dust control under South
District
Coast Air Quality Management District Rule 403
to further reduce PM and PM2.5 emissions. To
Public Works
assure compliance, the City shall verify
Department
compliance that these measures have been
implemented during normal construction site
Building Division
inspections. The measures to be implemented are
listed below:
a) During all grading activities, the property
owner /developer's construction contractor
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shall re- establish ground cover on the
construction site through seeding and
watering as quickly as possible to achieve
minimum control efficiency for PM of 5
percent.
b) During all grading activities, the property
owner /developer's construction contractor
shall apply chemical soil stabilizers Pave to
on -site haul roads to achieve control
efficiency for PM of 85 percent compared
to travel on unpaved, untreated roads.
c) The property owner /developer's
construction contractor shall phase grading
to prevent the susceptibility of large areas
to erosion over extended periods of time.
d) The property owner /developer's
construction contractor shall schedule
activities to minimize the amount of
exposed excavated soil during and after the
end of work periods.
e) During all construction activities, the
property owner /developer's construction
contractor shall sweep streets with Rule
1186 compliant PMIO efficient vacuum
units on a daily basis if silt is carried over
to adjacent public thoroughfares or occurs
as a result of hauling.
f) During active demolition and debris
removal and grading, the property
owner /developer's construction contractor
shall suspend demolition and grading
operations when wind speeds exceed 25
miles per hour to achieve an emissions
control efficiency for PMIO under worst -
case wind conditions of 98 percent.
g) During all construction activities, the
property owner /developer's construction
contractor shall maintain a minimum 12-
inch freeboard on trucks hauling dirt, sand,
soil, or other loose materials and tarp
materials with a fabric cover or other
suitable means to achieve a control
efficiency for PM10 of 91 percent. an
h) During all construction activities, the
property owner /developer's construction
contractor shall water exposed ground
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surfaces and disturbed areas a minimum of
every three hours on the construction site
to achieve an emissions reduction control
efficiency for PM of 61 percent.
i) During active demolition and debris
removal, the property owner /developer's
construction contractor shall apply water to
disturbed soils at the end of each day to
achieve an emission control efficiency for
PMIO of 10 percent.
j) During scraper unloading and loading, the
property owner /developer's construction
contractor shall ensure that actively
disturbed areas maintain a minimum soil
moisture content of 12 percent by use of a
moveable sprinkler system or water truck
to achieve a control efficiency for PM10 of
69 percent.
k) During all construction activities, the
property owner /developer's construction
contractor shall limit on -site vehicle speeds
on unpaved roads to no more than 15 miles
per hour to achieve a control efficiency for
PMIO of 57 percent.
70
Ongoing during grading, demolition, and
Building Division
(MM5 -7)
construction, the property owner /developer shall
be responsible for requiring contractors to
Development
implement the following measures to limit
Services
construction- related noise:
a) Noise generated by construction, shall be
limited by the property owner /developer to
60 dBA along the property boundaries,
before 7:00 AM and after 7:00 PM, as
governed by Chapter 6.7, Sound Pressure
Levels, of the Anaheim Municipal Code.
b) Limit the hours of operation of equipment
that produces noise levels noticeably above
general construction noise levels to the
hours of 10:00 AM to 4:00 PM.
All internal combustion engines on all of the
construction equipment shall be properly outfitted
with well maintained muffler systems.
71
Through specific study of this project site, by a
Building Division
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certified archaeologist, it has been determined that
Development
no known cultural resources are located in this
Services
area. However, should artifacts be uncovered
during grading or excavation, the developer shall
have a certified archaeologist ensure that the
following actions are implemented:
a) that the project shall be temporarily halted or
work redirected to permit the sampling,
identification, and evaluation of artifacts if
potentially significant artifacts are uncovered. If
artifacts are uncovered and determined to be
significant, the archaeological observer shall
determine appropriate actions in cooperation with
the City for exploration and/or salvage;
b) Specimens that are collected prior to or during
the grading process shall be donated to an
appropriate educational or research institution;
c) Any archaeological work at the project site shall
be conducted under the direction of the certified
archaeologist. If any artifacts are discovered
during grading operations when the archaeological
observer is not present, grading shall be diverted
around the area until the observer can survey the
area; and
d) A final report detailing the findings and
disposition of the specimens shall be submitted to
the City Engineer. Upon completion of the
grading, the archaeologist shall notify the City as
to when the final report will be submitted
ON -GOING DURING CONSTRUCTIONACTIVITIES
72
The property owner /developer shall be responsible
Building Division
(MM5 -8)
for requiring project contractors to properly
maintain and tune all construction equipment to
minimize noise emissions.
73
The property owner /developer shall be responsible
Building Division
(NM5 -9)
for requiring project contractors to locate all
stationary noise sources (e.g., generators,
compressors, staging areas) as far from occupied
noise - sensitive receptors as is feasible.
74
Material delivery, soil haul trucks, and equipment
Building Division
(MM5 -10)
servicing shall also be restricted to the hours set
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forth in the City of Anaheim Municipal Code,
Section 6.70.
PRIOR TO APPROVAL AND ON -GOING DURING CONSTRUCTION
75
Prior to the approval and ongoing during
Development
(MM10 -2)
construction of any street improvement plans
Services
within the Platinum Triangle, which encompass
area(s) where Orange County Sanitation District
(OCSD) will be upsizing trunk lines and/or are
making other improvements, the City and/or
property owner /developer shall coordinate with
the OCSD to ensure that all improvements and
construction schedules are coordinated.
76
Prior to the approval and ongoing during
Streets and Sanitation
(MM10 -5)
construction of any street improvement plans
within the Platinum Triangle, which encompass
Orange
area(s) where OCSD will be upsizing trunk lines
County Sanitation
and/or are making other improvements, the City
District
and/or property owner shall coordinate with OCSD
to ensure that backflow prevention devices are
installed by OCSD at the lateral connections to
prevent surcharge flow from entering private
properties.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
77
In accordance with the timing required by the
Traffic and
(MM 2 -5)
Traffic and Transportation Manager, but no later
Transportation
than prior to the first final Building and Zoning
inspection, the property owner /developer shall
implement the following measures to reduce ]ono
term operational CO, NOx, ROG, and PMio
emissions:
• Traffic lane improvements and
signalization as outlined in the Revised
Platinum Triangle Expansion Project Draft
Traffic Study Report, Parsons
Brinckerhoff, August 2010 and Master Plan
of Arterial Highways (MPAH) shall be
implemented as required by the Traffic and
Transportation Manager.
The property owner /contractor shall place bus
benches and/or shelters as required by the Traffic
and Transportation Manager at locations along any
site frontage routes as needed.
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Prior to the approval of the final subdivision map,
Traffic and
in the event that the owner of the property located
Transportation
78
adjacent to Tract 16860, which adjacent property
is commonly known as the proposed
"Orangewood Apartments" 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..
79
That prior to City acceptance of the public right-
Traffic and
of -way improvements on Artisan Court, two rows
Transportation
of speed lumps, also known as speed cushions,
shall be installed on Artisan Court. The speed
lumps shall be 200 feet apart, centered between
Dupont Drive and the project entry.
80
That prior to City acceptance of the public right-
Traffic and
of -way improvements for Orangewood Avenue,
Transportation
State College Boulevard, Artisan Court, and
Dupont Drive, said streets shall be posted with
"No Stopping Any Time" signs and associated red
curbs, except, in the locations where Artisan Court
and Dupont Drive are 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.
The property owner /developer shall submit
Building Division
81
evidence to the satisfaction of the Planning
(MM 5 -3)
Director that occupancy disclosure notices
regarding potential for exterior noise levels to be
elevated during a stadium event will be provided
to all future tenants in the Stadium District.
82
The property owner /developer shall submit
Building Division
(MM 5 -4)
evidence to the satisfaction of the Planning
Director that occupancy disclosure notices
regarding potential for exterior noise levels to be
elevated during Stadium nearby venue events.
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83
A parking management plan shall be submitted for
Planning Division &
review and approval by the City Engineer prior to
Traffic and
the project receiving a certificate of occupancy.
Transportation
Division
84
That prior to final building and zoning inspection,
Traffic and
fire lanes shall be posted with "No Parking Any
Transportation
Time." Said information shall be specifically
Division
shown on plans submitted for building permits.
85
Prior to the final building and zoning inspections
Development
for each phase listed below, the public
Services
improvements shall be built by the property
owner /developer in accordance with the following
Phasing Plan and as 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 Plan and applicable city
standards.
86
Prior to final building and zoning inspection, the
Public Works,
developer shall improve the streets as follows: 1)
Construction
improve State College Boulevard and Orangewood
Services and
Avenue per the Platinum Triangle Implementation
Development
Master Plan or as approved by the City Engineer
Services
(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.
87
Prior to release of posted securities, the public
Development
improvements shall be constructed by the
Services
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developer and accepted by Construction Services
prior to final zoning and building inspections.
88
If required, prior to connection of electrical
Electrical
service, the legal owner shall provide to the City
Engineering
of Anaheim a Public Utilities easement with
dimensions as shown on the approved utility
service plan.
89
Prior to connection of electrical service, the legal
Electrical
owner shall submit payment to the City of
Engineering
Anaheim for service connection fees.
PRIOR TO FINAL MAP APPROVAL
90
The vehicular access rights to State College
Development
Boulevard and Orangewood Avenue shall be
Services
released and relinquished to the City of Anaheim.
Also, the vehicular access rights to Artisan Court
and Dupont Drive, except at the private street
openings, shall be released and relinquished to the
City of Anaheim.
91
Prior to final map approval, all existing structures
Development
shall be demolished. The developer shall obtain a
Services
demolition permit from the Building Division.
92
A maintenance covenant shall be submitted to the
Development
Subdivision Section and approved by the City
Services
Attomey's office. The covenant shall include
provisions for maintenance of private facilities such
as private sewer, private 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.
93
The legal property owner shall execute a
Development
Subdivision Agreement, in a form approved by the
Services
City Attorney, to complete the required public
improvements at the legal property owner's
expense. Said agreement shall be submitted to the
Public Works Department, Subdivision Section
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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.
94
Prior to approval of a final subdivision map or
Development
issuance of a grading or building permit for each
Services
development project, whichever occurs first, the
property owner /developer shall install the sanitary
sewer facilities, as required by the City Engineer,
to mitigate the impacts of the proposed
development based upon the latest updated sewer
study for the Platinum Triangle.
95
Prior to the final building and zoning inspection,
Development
in the event that the owner of the property located
Services
adjacent to Tract 16860, which adjacent property
is commonly known as the proposed
"Orangewood Apartments" project (APN 083 -27-
048), has not dedicated Dupont Drive and/or
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.
96
In the event that the owner of the property
Development
located adjacent to Tract 16860, which adjacent
Services
property is commonly known as the proposed
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"Orangewood Apartments" project (APN 083-
27 -048), has not improved 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.
97
Prior to the approval of the final Tract map, the
Traffic and
property owner /developer shall submit a focused
Transportation
project access analysis that addresses project
Services
access to the internal street system and the local
arterial street system, project circulation,
cumulative effects of on -site development to the
phasing of 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.
98
Prior to the approval of the final subdivision map
Traffic and
or issuance of a building permit, whichever occurs
Transportation
first, the property owner /developer shall pay the
Services
identified fair share responsibility as determined
by the City as set forth in Mitigation Measures 9 -7
and 9 -8 of MMP 106C. The City shall allocate 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 potential mitigation
measures identified in the updated traffic study.
99
It is the responsibility of the owner to remove,
Traffic and
relocate, and/or upgrade any traffic signal poles
Transportation
and equipment at the intersection of State College
Services
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Boulevard at Orangewood Avenue and State
College Boulevard at Artisan Court at the owner's
expense.
GENERAL
100
Ongoing during project operation, if the Anaheim
Police
(MM7 -6)
Police Department of Anaheim Traffic
Traffic Management
Management Center (TMC) personnel are required
to provide temporary traffic control services, the
property owner /developer shall reimburse the City,
on a fairshare basis, if applicable, for reasonable
costs associated with such services
101
Ongoing during project operations, the following
Streets and Sanitation
(MM10 -19)
practices shall be implemented, as feasible, by the
property owner /developer:
• Usage of recycled paper products for
stationery, letterhead, and packaging.
• Recovery of materials, such as aluminum
and cardboard.
• Collection of office paper for recycling.
Collection of glass, plastics, kitchen grease, laser
printer toner cartridges, oil, batteries, and scrap
metal for recycling or recovery.
102
Mitigation measures for greenhouse gas emissions
Responsible parties
(MM10 -11)
are comprised of mitigation measures used for
are identified for
other environmental topical sections of this EIR
each individual
and are listed above. These mitigation measures,
mitigation measure.
specified on Table 1 -1 in the Executive Summary
of the Draft SEIR, would reduce GHG emissions
associated with the project and are consistent with
the California Attorney General's mitigation
measures for energy efficiency, renewable energy
and storage, water conservation and efficiency,
solid waste, land use, transportation and motor
vehicle, and agriculture and forestry measures.
There are no additional mitigation measures
identified for the reduction of greenhouse gas
emissions impacts.
103
Ongoing during business operations and in
Water Engineering
accordance with the Development Requirements
and Maintenance Obligations, OWNER shall be
responsible for restoring any special surface
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improvements other than asphalt paving within the
right -of -way, City water easements, Public Utility
easements, private roads, alleys and driveways,
including but not limited to colored concrete,
stamped concrete, bricks, pavers, concrete, walls,
or landscaping that becomes damaged during any
excavation, repair or replacement of any City
water facility. Provisions for maintenance of all
said special surface improvements shall be
included in the recorded Master C, C & R's for the
project.
104
The Planning Director has the authority to grant
the modification of the timing of any of the
conditions of approval, provided said modification
Planning Division
does not result in any increase in environmental
impacts for which sufficient mitigation cannot be
provided. Any request for such modification shall
be in writing and shall clearly identify the reason
for the modification. Appeal of such decision
shall be provided pursuant to Section 18.60.135
(Appeals — Planning Director Decisions) of the
Anaheim Municipal Code.
105
The subject property shall be developed
substantially in accordance with plans and
Planning Division
specifications submitted to the City of Anaheim by
the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 (Site
Plan), Exhibit No. 2 (Tentative Tract Map),
Exhibit No. 3, Floor & Parking Plans), Exhibit No.
4 (Detailed Floor Plans), Exhibit No. 5
(Elevations), Exhibit No. 6 (Landscape Plans),
Exhibit No.7 (Materials Board), and as
conditioned herein.
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