Resolution-PC 2012-101RESOLUTION NO. PC2012 -101
A RESOLUTION OF THE ANAHEIM PLANNING
COMMISSION APPROVING TENTATIVE TRACT MAP NO.
17494 AND MAKING FINDINGS IN CONNECTION
THEREWITH (SHOPOFF ADVISORS, L.P.).
(DEV2012 -00059 & DEV2012- 00060)
WHEREAS the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition from Shopoff Advisors, L.P. a Delaware limited
partnership ( "Shopoff') for approval of Tentative Tract Map No. 17494 to establish a three -lot
subdivision (two numbered lots and one lettered lot) for that certain real property consisting of
approximately 11.14 acres commonly known as 905 -1105 East Katella Avenue in the City of
Anaheim, County of Orange, State of California, which real property is depicted on the map
attached hereto as Exhibit A (the "Property"); and
WHEREAS, a portion of the Property, consisting of approximately 7.01 acres and
commonly known as 905 through 917 East Katella Avenue (the "K/L Property"), is presently
owned by K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC (collectively
referred to herein as "K/L "). The K/L Property is more particularly described in Exhibit B
attached hereto and incorporated herein by this reference; and
WHEREAS, the balance of the Property, consisting of approximately 4.13 acres and
commonly known as 1005 through 1105 East Katella Avenue (the "Marshall /See Property"), is
presently owned by the Ronald W. Marshall and Deborah L. Marshall Trust, Dated January 7,
1989, the Marshall Family Trust, Dated February 14, 2000, and See Development Limited
Partnership (collectively referred to herein as "Marshall /See "). The Marshall/See Property is
more particularly described in Exhibit C attached hereto and incorporated herein by this
reference; and
WHEREAS, Shopoff has entered into an agreement with K/L and Marshall /See to
purchase the Marshall /See Property and the K/L Property. Both K/L and Marshall /See have
authorized Shopoff to submit an application to the City and obtain approval of a tentative tract
map for the Property that would permit the construction of a three hundred ninety-nine (399) unit
residential apartment project on the K/L Property (the "Platinum Gateway Project ") and a three
hundred fifty (350) unit residential apartment project on the Marshall/See Property (the
"Platinum Vista Project "); and
WHEREAS, Tentative Tract Map No. 17494 was proposed in conjunction with (a) a
proposed First Amended and Restated Development Agreement No. 2008 -00002 (Development
Agreement No. 2008- 00002D), General Plan Amendment No. 2012- 00486, Zoning Code
Amendment No. 2012 - 00107, and Miscellaneous Case No. 2012 -00559 for the Platinum
Gateway Project (herein referred to herein as the "Platinum Gateway Project Entitlements "), and
(b) a proposed First Amended and Restated Development Agreement No. 2007 -00002
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(Development Agreement No. 2007- 00002B) for the Platinum Vista Project (herein referred to
as the "Platinum Vista Project Entitlements "); and
WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012-
00007 to provide for the development of the Platinum Vista Project and Final Site Plan No.
2012 -00008 to provide for the development of the Platinum Gateway Project, contingent upon
the approval of Tentative Tract Map No. 17494; and
WHEREAS, on December 3, 2012, this Planning Commission conducted a public
hearing for proposed Tentative Tract Map No. 17494, along with the Platinum Gateway Project
Entitlements, and the Platinum Vista Project Entitlements, at the Anaheim Civic Center, Council
Chamber, 200 South Anaheim Boulevard, notice of said public hearing having been duly given
as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim
Municipal Code ( "Code "), to hear and consider evidence for and against the Platinum Gateway
Project, the Platinum Vista Project, Tentative Tract Map No. 17494, the Platinum Gateway
Project Entitlements, and the Platinum Vista Project Entitlements, and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, by the adoption of a separate resolution concurrently with but prior in time
to this Resolution, this Planning Commission has heretofore found and determined and has
recommended that the City Council so find and determine that FSEIR No. 339, together with
Mitigation Monitoring Program No. 307, Addendum No. 1, and a subsequent Addendum to
FSEIR No. 339, which has been prepared in connection with the proposed Platinum Gateway
Project ( "Addendum No. 2 "), serve as the appropriate environmental documentation for the
proposed Tentative Tract Map No. 17494, Platinum Gateway Project and the Platinum Gateway
Project Entitlements; and
WHEREAS, by the adoption of a separate resolution concurrently with but prior in time
to this Resolution, this Planning Commission has heretofore found and determined and has
recommended that the City Council so find and determine that FSEIR No. 339, together with
Mitigation Monitoring Program No. 306 and Addendum No. 1, serve as the appropriate
environmental documentation for the proposed Tentative Tract Map No. 17494, Platinum Vista
Project and the Platinum Vista Project Entitlements; and
WHEREAS, by the adoption of the resolutions referred to in the immediately preceding
two recitals, this Planning Commission has heretofore found and determined and has
recommended that the City Council so find and determine that said environmental
documentation satisfies all of the requirements of CEQA for the proposed Tentative Tract Map
No. 17494, the Platinum Gateway Project, the Platinum Gateway Project Entitlements, the
Platinum Vista Project, and the Platinum Vista Project Entitlements (as the case may be); (ii)
none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent environmental impact report have occurred in connection with the
proposed Tentative Tract Map No. 17494, the Platinum Gateway Project, the Platinum Gateway
Project Entitlements, the Platinum Vista Project, and the Platinum Vista Project Entitlements;
and (iii) no further environmental documentation needs to be prepared under CEQA for the
proposed Tentative Tract Map No. 17494, the Platinum Gateway Project, the Platinum Gateway
-2- PC2012 -101
Project Entitlements, the Platinum Vista Project, and the Platinum Vista Project Entitlements and
all other actions authorized by this Resolution; 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 proposed
Tentative Tract Map No. 17494, in the form presented at this meeting and a copy of which is
attached to this Resolution as Exhibit A , 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 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 -00486 and Miscellaneous Case No. 2012 -00553 and is
consistent with the Zoning Code, as proposed to be modified by Zoning Code Amendment No.
2012 - 00107.
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.
WHEREAS, pursuant to subsection .020 of Section 18.60.150 of the Code, when
multiple discretionary land use applications are submitted for concurrent Planning Commission
review and approval, and one or more of such applications requires City Council review and
approval, all such applications shall be subject to full review and approval by the City Council as
the granting authority.
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 proposed Tentative Tract Map No. 17494 subject to the conditions of
approval set forth in Exhibits D and E attached hereto and incorporated herein by this reference,
which are hereby found to be a necessary prerequisite to the proposed use of the Property in
order to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
-3- PC2012 -101
BE IT FURTHER RESOLVED that proposed Tentative Tract Map No. 17494 be
approved contingent upon and subject to the approval by the City Council of the Platinum
Gateway Entitlements and the Platinum Vista Entitlements, specifically, General Plan
Amendment No. 2012- 00486, Zoning Code Amendment No. 2012 - 00107, Miscellaneous Case
No. 2012 - 00559, First Amended and Restated Development Agreement No. 2007 -00002
(Development Agreement No. 2007- 00002B), and First Amended and Restated Development
Agreement No. 2008 -00002 (Development Agreement No. 2008- 00002D), 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 Exhibits D and E attached hereto. Should any of said
conditions, 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.
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
December 3, 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.
n'l
CHAIR, ANAHEIM CITY P NNING COMMISSION
ATTEST:
SENIOR SEMETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2012 -101
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 December 3, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 3 day of December 2012.
SENIOR SECAtTARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2012 -101
EXHIBIT "A"
TENTATIVE TRACT MAP NO. 17494
I FGAI OFRf.RPTION
TENTATIVE TRACT MAP N0.17494
FOR CONDOMINIUM PURPOSES
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-6- PC2012 -101
EXHIBIT "B"
LEGAL DESCRIPTION OF K/L PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A -1
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 58, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A DEPTH
OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE
THEREOF; PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND
ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY AND ALL PURPOSES TO ENTER UPON,
INTO OR THROUGH THE SURFACE OR THE PORTION OF SAID PROPERTY LYING ABOVE
500 FEET, MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE OF SAID
PROPERTY, AS RESERVED IN THE DEED FROM SOUTHERN PACIFIC TRANSPORTATION
COMPANY, RECORDED SEPTEMBER 28, 1973 IN BOOK 10921, PAGE 428 OF OFFICIAL
RECORDS.
PARCEL A -2:
THOSE CERTAIN EASEMENTS DESCRIBED IN THAT CERTAIN (A) PARTY WALL
AGREEMENT AND GRANT OF EASEMENT RECORDED DECEMBER 29, 1978 IN BOOK
12981, PAGES 1109 THROUGH 1128, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA AND (B) EASEMENT GRANT DEED RECORDED DECEMBER 29,
1978 IN BOOK 12981, PAGES 1144 THROUGH 1156, INCLUSIVE OF THE OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL B -1:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 58, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A DEPTH
OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE
THEREOF; PROVIDED HOWEVER THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS
SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO
OR THROUGH THE SURFACE OF THE PROPERTY GRANTED HEREIN OR ANY PART
THEREOF LYING BETWEEN SAID SURFACE AND FIVE HUNDRED (500) FEET BELOW
SAID SURFACE, AS SET FORTH IN DEED FROM SOUTHERN PACIFIC INDUSTRIAL
DEVELOPMENT COMPANY, A TEXAS CORPORATION, RECORDED DECEMBER 23, 1977 IN
BOOK 12506, PAGE 82 OF OFFICIAL RECORDS.
PARCEL B -2:
THOSE CERTAIN EASEMENTS DESCRIBED IN THAT CERTAIN (A) PARTY WALL
AGREEMENT AND GRANT OF EASEMENT RECORDED DECEMBER 29, 1978 IN BOOK
12981, PAGES 1109 THROUGH 1128, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA AND (B) EASEMENT GRANT DEED RECORDED DECEMBER 29,
1978 IN BOOK 12981, PAGES 1144 THROUGH 1156, INCLUSIVE OF THE OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
[Assessor's Parcels Nos. 082 - 261 -23 and 082 - 261 -24]
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EXHIBIT "C"
LEGAL DESCRIPTION OF MARSHALL /SEE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA
[Assessor's Parcel No. 082 - 261 -27]
PARCEL NO. 2
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42
INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA.
[Assessor's Parcel No. 082 - 261 -28]
-8- PC2012 -101
EXHIBIT "D"
CONDITIONS OF APPROVAL
FOR
TENTATIVE TRACT MAP NO. 17494
RELATED TO PLATH" GATEWAY PROJECT
(DEV2012- 00059)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
1
Prior to the issuance of the first building permit for Platinum Gateway
Public Works,
and/or Platinum Vista, any existing structures located within the
Development
ultimate right -of -way for connector streets "A" and `B ", Katella
Services
Avenue and Lewis Street shall be demolished.
2
The vehicular access rights to Katella Avenue and Lewis Street shall be
Public Works,
released and relinquished to the City of Anaheim.
Development
Services
3
The vehicular access rights to collector public road STREET "A" and
public Works,
STREET `B ", except at the private street openings, shall be released and
Development
relinquished to the City of Anaheim.
Services
4
The property owner /developer shall irrevocably offer for dedication
(with subordination of easements), including necessary construction
easements, 1) the ultimate arterial highway right(s) -of -way adjacent to
Public Works,
their property (Katella Avenue and Lewis Street) as shown in the
Development
Platinum Triangle Implementation Plan or as approved by the City
Services
Engineer, and 2) the ultimate right -of -way for the interior collector
streets "A" and `B" per the Connector and Collector Streets requirements
of the Platinum Triangle Master Land Use Plan, regardless of the level
of impacts generated by the project.
Prior to the approval of the final subdivision map, in the event that the
5
owner of Parcel 2 of Tentative Tract 17494, commonly known as the
proposed "Platinum Vista" project (APN 082 -26 -127 and 082 -26 -128),
Public Works,
requires to construct Collector Street "A" and/or `B" improvements, the
Development
property owner /developer shall cooperate with "Platinum Vista" to offer
Services
Collector Street "A" and/or `B" lying within the boundary of Parcel 1 of
Tentative Tract 17494 as an irrevocable offer of dedication to the City
of Anaheim for public road, public utilities and other public purposes.
-9- PC2012 -101
-10- PC2012 -101
Prior to the approval of the final subdivision map, in the event that the
6
owner of Parcel 2 of Tentative Tract 17494, commonly known as the
proposed "Platinum Vista" project (APN 082 -26 -127 and 082 -26 -128),
Public Works,
requires to construct a turn - around area on the north terminus of
Development
Collector Street "A ", the property owner /developer shall cooperate with
Services
"Platinum Vista" to grant a temporary easement/right of entry for the
portion of the turn- around lying within the boundary of Parcel 1 and Lot
"A" of Tentative Tract 17494. The geometry of the temporary turn-
around shall be reviewed and approved by City Engineer and the Fire
Department.
A maintenance covenant shall be submitted to the Subdivision Section and
7
approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities such as private sewer,
Public Works,
concrete paver covered street sections, private storm drain improvements,
Development
temporary turn- around areas, if any, and backflow prevention devices such
Services
as flap gates; compliance with approved Water Quality Management Plan;
and a maintenance exhibit. Maintenance responsibilities shall include all
drainage devices, sewer system, gates, parkway landscaping and irrigation
on Katella Avenue and Lewis Street, collector public road STREET "A"
and STREET "B ", all lettered lots, and any private street name signs. The
covenant shall be recorded concurrently with the final map.
8
Prior to issuance of the first building permit, the final map shall be
Public Works,
submitted to and approved by the City of Anaheim Department of Public
Development
Works and the Orange County Surveyor for technical review and that all
Services
applicable conditions of approval have been complied with and then shall
be filed in the Office of the Orange County Recorder.
9
The legal property owner shall execute a Subdivision Agreement, in a
form approved by the City Attorney, to complete the required public
improvements at the legal property owner's expense. Said agreement
Public Works,
shall be submitted to the Public Works Department, Subdivision Section
Development
approved by the City Attorney and City Engineer. In lieu of a Subdivision
Services
Agreement, an amended Development Agreement can be utilized to
satisfy this condition of approval if the required terms are included therein.
10
Prior to the issuance of the first grading permit, the OWNER shall
demonstrate that coverage has been obtained under California's General
Permit for Stormwater Discharges Associated with Construction Activity
Public Works,
by providing a copy of the Notice of Intent (NOI) submitted to the State
Development
Water Resources Control Board and a copy of the subsequent notification
Services
of the issuance of a Waste Discharge Identification (WDID) number. The
owner shall prepare and implement a Stormwater Pollution Prevention
Plan ( SWPPP). A copy of the current SWPPP shall be kept at the project
site and be available for City review on request.
11
Prior to issuance of the grading permit and right -of -way construction
Public Works,
permit for the storm drain and sewer, whichever occurs first, a Save
Development
Harmless agreement in -lieu of an Encroachment Agreement is required to
Services
be executed, approved by the City and recorded by the applicant on the
property for any storm drains connecting to a City storm drain.
-10- PC2012 -101
12
Prior to issuance of the grading permit, the property owner shall submit a
Public Works,
final drainage report and project improvement plans that incorporate the
Development
required drainage improvements and the mechanisms proposed in the
Services
Drainage Report. No offsite run -off shall be blocked during and after
grading operations or perimeter wall construction.
13
Prior to issuance of a grading permit, the property owner /developer shall
Public Works,
submit plans documenting that the design of all aboveground structures
Development
(with the exception of parking structures) shall be at least one foot
Services
higher that the 100 -year flood zone, where applicable, unless otherwise
required by the City Engineer. All structures below this level shall be
floodproofed to prevent damage to property or harm to people.
14
The City Engineer shall review the location the project to determine if it
is located within an 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
Public Works,
shall be required to guarantee mitigation of the impact to adequately
Development
serve the area to the satisfaction of the City Engineer and City
Services
Attorney's Office. Prior to issuance of a grading permit the sewer plans
shall be submitted for review. Prior to issuance of a building permit for
the development project 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.
15
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 Katella Avenue, Lewis Street, and
Services
collector road street "A" and "B" 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.
16
Prior to issuance of a building permit, the developer shall post a security
public Works,
to guarantee the construction of public improvements, including storm
Development
drain, water, electrical and sewer, in an amount approved by the City
Services
Engineer and in a form approved by the City Attorney. The
improvements shall be constructed and operational prior to final
building and zoning inspections.
-11- PC2012 -101
17
That prior to final building and zoning inspections, the developer shall
Public Works,
install accessible curb access ramps with truncated domes at the
Development
intersection of Lewis Street and collector street "B" and at the
Services
intersection of collector streets "A" and `B" at the parking garage
access, in conformance with Public Works Standard Detail 111-3.
18
Prior to release of posted securities, the public improvements shall be
Public Works,
constructed by the developer and accepted by Construction Services
Development
prior to final building and zoning inspections.
Services
That prior to final building and zoning inspections, the developer shall
19
improve the streets as follows: 1) improve Katella Avenue and Lewis
Street per the Platinum Triangle Implementation Master Plan or as
Public Works,
approved by the City Engineer, 2) improve the interior collector streets
Development
"A" and `B" per the Connector and Collector Streets requirements of the
Services
Platinum Triangle Master Land Use Plan and the Platinum Triangle
Implementation Plan.
20
That prior to issuance of building permits, plans shall specifically
Public Works,
indicate that all vehicular ramps and grades conform to all applicable
Traffic
Engineering Standards.
Engineering
21
That prior to issuance of the a building permit for the parking structure,
public Works,
plans shall demonstrate that at -grade ducts and overhead pipes shall not
Traffic
encroach in the parking space areas or required vehicle clearance areas.
Engineering
22
That curbs adjacent to the drive aisles shall be painted red to prohibit
public Works,
parallel parking in the drive aisles. Red curb locations shall be clearly
Traffic
labeled on building plans.
Engineering
23
That prior to final building and zoning inspection, fire lanes shall be
Public Works,
posted with "No Parking Any Time." Said information shall be
Traffic
specifically shown on plans submitted for building permits.
Engineering
24
That prior to the issuance of the first building permit, the property
Public Works,
owner /developer shall enter into a reimbursement agreement with the
Traffic
property owner /developer of the Platinum Vista project, subject to the
Engineering
approval of the City Engineer, to provide for cost sharing of the
construction of the public Connector Street between Lewis Street and
Katella Avenue.
That prior to the approval of the final subdivision map or issuance of a
25
building permit, whichever occurs first, the property owner /developer
shall pay the identified fair share responsibility as determined by the
Public Works,
City as set forth in Mitigation Measures 9 -7 and 9 -8 of MMP 106C. The
Traffic
City shall allocate the property owners /developers fair share
Engineering
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.
-12- PC2012 -101
26
That prior to City acceptance of the public right -of -way improvements
for Katella Avenue, and for the public Connector Street identified in the
Final Site Plan, said streets shall be posted with "No Stopping Any
Public Works,
Time" signs and associated red curbs, except, in the locations where the
Traffic
Connector Street is improved with designated parking stalls and
Engineering
designated turn -out areas for loading and unloading. 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.
27
Ongoing during project operations, if the Anaheim Police Department
Public Works,
or Anaheim Traffic Management Center (TMC) personnel are required
Traffic
to provide temporary traffic control services, the property
Engineering
owner /developer shall reimburse the City, on a fair share basis if
applicable, for reasonable costs associated with such services.
28
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 install the sanitary sewer facilities,
Public Works,
as required by the City Engineer, to mitigate the impacts of the proposed
Development
development based upon the latest updated sewer study for the Platinum
Services
Triangle.
29
Prior to issuance of the first building permit, the final map shall be
Public Works,
submitted to and approved by the City of Anaheim Department of Public
Development
Works and the Orange County Surveyor for technical review and that all
Services
applicable conditions of approval have been complied with and then shall
be filed in the Office of the Orange County Recorder.
30
Prior to issuance of a building permit, the developer shall post a security
Public Works,
to guarantee the construction of public works improvements in an
Development
amount approved by the City Engineer and in a form approved by the
Services
City Attorney.
-13- PC2012 -101
EXHIBIT "E"
CONDITIONS OF APPROVAL
FOR
TENTATIVE TRACT MAP NO. 17494
RELATED TO PLATINUM VISTA PROJECT
(DEV2012- 00060)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
1
Prior to the issuance of the first building permit for Platinum Gateway
Public Works,
and/or Platinum Vista, any existing structures located within the
Development
ultimate right -of -way for connector streets "A" and "B ", Katella Avenue
Services
and Lewis Street shall be demolished.
2
The vehicular access rights to Katella Avenue shall be released and
Public Works,
relinquished to the City of Anaheim.
Development
Services
3
The vehicular access rights to collector public road STREET "A" and
public Works,
STREET `B ", except at the private street openings, shall be released and
Development
relinquished to the City of Anaheim.
Services
4
The property owner /developer shall irrevocably offer for dedication
(with subordination of easements), including necessary construction
easements, 1) the ultimate arterial highway right(s) -of -way adjacent to
Public Works,
their property (Katella Avenue) as shown in the Platinum Triangle
Development
Implementation Plan or as approved by the City Engineer, and 2) the
Services
ultimate right -of -way for the interior collector streets "A" and `B" per the
Connector and Collector Streets requirements of the Platinum Triangle
Master Land Use Plan, regardless of the level of impacts generated by
the project.
Prior to the approval of the final subdivision map, in the event that the
5
owner of Parcel 1 of Tentative Tract 17494, commonly known as the
proposed "Platinum Gateway" project (APN 082 -26 -123 and 082 -26-
Public Works,
124), requires to construct Collector Street "A" and/or `B"
Development
improvements, the property owner /developer shall cooperate with
Services
"Platinum Gateway" to grant temporary construction easement(s) where
necessary adjacent to Collector Street "A" and/or `B" lying within the
boundary of Parcel 2 of Tentative Tract 17494.
Prior to the approval of the final subdivision map, in the event that the
6
Parcel 1 of Tentative Tract 17494, commonly known as the proposed
"Platinum Gateway" project (APN 082 -26 -123 and 082 -26 -124), is not
Public Works,
developed, the owner of Parcel of Tentative Tract 17494 shall install a
Development
vehicular turn-around area lying within the boundary of Parcel 1 and
Services
Lot "A" of Tentative Tract 17494. The geometry of the temporary turn-
around shall be reviewed and approved by City Engineer and the Fire
Department.
-14- PC2012 -101
7
A maintenance covenant shall be submitted to the Subdivision Section and
approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities such as private sewer,
Public Works,
concrete paver covered street sections, private storm drain improvements,
Development
temporary turn - around areas, if any, and backflow prevention devices such
Services
as flap gates; compliance with approved Water Quality Management Plan;
and a maintenance exhibit. Maintenance responsibilities shall include all
drainage devices, sewer system, gates, parkway landscaping and irrigation
on Katella Avenue, collector public road STREET "A" and STREET "B ",
all lettered lots, and any private street name signs. The covenant shall be
recorded concurrently with the final map.
8
Prior to issuance of the first building permit, the final map shall be
public Works,
submitted to and approved by the City of Anaheim Department of Public
Development
Works and the Orange County Surveyor for technical review and that all
Services
applicable conditions of approval have been complied with and then shall
be filed in the Office of the Orange County Recorder.
9
The legal property owner shall execute a Subdivision Agreement, in a
form approved by the City Attorney, to complete the required public
improvements at the legal property owner's expense. Said agreement
Public Works,
shall be submitted to the Public Works Department, Subdivision Section
Development
approved by the City Attorney and City Engineer. In lieu of a Subdivision
Services
Agreement, an amended Development Agreement can be utilized to
satisfy this condition of approval if the required terms are included therein.
10
Prior to the issuance of the first grading permit, the OWNER shall
demonstrate that coverage has been obtained under California's General
Permit for Stormwater Discharges Associated with Construction Activity
Public Works,
by providing a copy of the Notice of Intent (NOD submitted to the State
Development
Water Resources Control Board and a copy of the subsequent notification
Services
of the issuance of a Waste Discharge Identification (VV number. The
owner shall prepare and implement a Stormwater Pollution Prevention
Plan ( S)APPP). A copy of the current SWPPP shall be kept at the project
site and be available for City review on request.
11
Prior to issuance of the grading permit and right -of -way construction
Public Works,
permit for the storm drain and sewer, whichever occurs first, a Save
Development
Harmless agreement in -lieu of an Encroachment Agreement is required to
Services
be executed, approved by the City and recorded by the applicant on the
property for any storm drains connecting to a City storm drain.
12
Prior to issuance of the grading permit, the property owner shall submit a
Public Works,
final drainage report and project improvement plans that incorporate the
Development
required drainage improvements and the mechanisms proposed in the
Services
Drainage Report. No offsite run -off shall be blocked during and after
grading operations or perimeter wall construction.
13
Prior to issuance of a grading permit, the property owner /developer shall
Public Works,
submit plans documenting that the design of all aboveground structures
Development
(with the exception of parking structures) shall be at least one foot
Services
higher that the 100 -year flood zone, where applicable, unless otherwise
required by the City Engineer. All structures below this level shall be
floodproofed to prevent damage to property or harm to people.
-15- PC2012 -101
14
The City Engineer shall review the location the project to determine if it
is located within an area served by deficient sewer facilities, as
identified in the latest updated sewer study for the Platinum Triangle. If
Public Works,
the project will increase sewer flows beyond those programmed in the
Development
appropriate master plan sewer study for the area or if the project
Services
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 issuance of a grading permit the sewer plans
shall be submitted for review. Prior to issuance of a building permit for
the development project 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.
15
Prior to issuance of a building permit, the developer shall submit to the
Public Works Department, Development Services Division street
improvement plans for the work on Katella Avenue, collector road street
Public Works,
"A" and `B" including but not limited to curb and gutter, sidewalk an d
Development
landscape, storm drain, and sewer facilities, and traffic signals as
Services
applicable. The landscape and irrigation improvement plans shall be
prepared in accordance with the Public Works Landscape and Irrigation
Manual for Public Street and Highway.
16
Prior to issuance of a building permit, the developer shall post a security
Public Works,
to guarantee the construction of public improvements, including storm
Development
drain, water, electrical and sewer, in an amount approved by the City
Services
Engineer and in a form approved by the City Attorney. The
improvements shall be constructed and operational prior to fmal
building and zoning inspections.
17
That prior to final building and zoning inspections, the developer shall
Public Works,
install accessible curb access ramps with truncated domes at the
Development
intersection of collector street "A" at the parking garage access, in
Services
conformance with Public Works Standard Detail 111 -3.
18
Prior to release of posted securities, the public improvements shall be
Public Works,
constructed by the developer and accepted by Construction Services
Development
prior to final building and zoning inspections.
Services
19
That prior to final building and zoning inspections, the developer shall
improve the streets as follows: 1) improve Katella Avenue per the
Platinum Triangle Implementation Master Plan or as approved by the City
Public Works,
Engineer, 2) improve the interior collector streets "A" per the Connector
Development
and Collector Streets requirements of the Platinum Triangle Master
Services
Land Use Plan and the Platinum Triangle Implementation Plan. Install a
temporary turn- around at the north terminus of Street "A" as required by
the City Engineer and the Fire Department.
-16- PC2012 -101
20
That prior to issuance of building permits, plans shall specifically
Public Works,
indicate that all vehicular ramps and grades conform to all applicable
Traffic and
Engineering Standards.
Transportation
Services
21
That prior to issuance of the a building permit for the parking structure,
Public Works,
plans 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
22
That curbs adjacent to the drive aisles shall be painted red to prohibit
Public Works,
parallel parking in the drive aisles. Red curb locations shall be clearly
Traffic and
labeled on building plans
Transportation
Services
23
That prior to final building and zoning inspection, fire lanes shall be
Public Works,
posted with "No Parking Any Time." Said information shall be
Traffic and
specifically shown on plans submitted for building permits.
Transportation
Services
24
That prior to the final building and zoning inspection, in the event that
the adjacent Platinum Gateway project has not completed the following
improvement, the property owner /developer shall construct the
Public Works,
Connector Street as identified on the Site Plan along the west property
Traffic and
line. These improvements shall include a cul -de -sac at the north end of
Transportation
the Connector Street, or other turn around area to the satisfaction of the
Services
City Engineer, if it is expected that this project will be in operation prior
to the Platinum Gateway project.
2$
The property owner /developer shall record an easement for cul -de -sac
Public Works,
driveway purposes on the adjacent property to the immediate west, as
Traffic and
approved by the City Engineer.
Transportation
Services
26
That prior to the issuance of the first building permit, the property
Public Works,
owner /developer shall enter into a reimbursement agreement with the
Traffic and
property owner /developer of the Platinum Gateway project, subject to
Transportation
the approval of the City Engineer, to provide for cost sharing of the
Services
construction of the public Connector Street between Lewis Street and
Katella Avenue.
27
That prior to the approval of the final subdivision map or issuance of a
Public Works,
building permit, whichever occurs first, the property owner /developer
Traffic and
shall pay the identified fair share responsibility as determined by the
Transportation
City as set forth in Mitigation Measures 9 -7 and 9 -8 of MMP 106C. The
Services
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.
-17- PC2012 -101
-18- PC2012 -101
prior to City acceptance of the public right -of -way improvements
for Katella Avenue, and for the public Connector Street identified in the
Final Site Plan, said streets shall be posted with "No Stopping Any
Public Works,
r That
Time" signs and associated red curbs, except, in the locations where the
Traffic and
Connector Street is improved with designated parking stalls and
Transportation
designated turn-out areas for loading and unloading. Such signs shall be
Services
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.
-18- PC2012 -101