Resolution-PC 2012-099RESOLUTION NO. PC2012 -099
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT THE PREVIOUSLY - CERTIFIED
ENVIRONMENTAL IMPACT REPORT NO. 339, TOGETHER WITH
THE UPDATED AND MODIFIED MITIGATION MONITORING
PROGRAM NO. 106C FOR THE PLATINUM TRIANGLE,
MITIGATION MONITORING PLAN NO. 306, AND ADDENDUM NO.
1 TO ENVIRONMENTAL IMPACT REPORT NO. 339, SERVE AS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR
THE PLATINUM VISTA PROJECT AND REQUIRED AND RELATED
DISCRETIONARY ACTIONS, AND RECOMMENDING CITY
COUNCIL APPROVAL OF THE FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 2007 -00002 (DEVELOPMENT
AGREEMENT NO. 2007- 00002B) BY AND BETWEEN THE CITY OF
ANAHEIM AND SHOPOFF ADVISORS, L.P.
(DEV2012- 00060)
WHEREAS, pursuant to the adoption of Ordinance No. 6090 by the City Council of the
City of Anaheim ( "City Council ") on January 8, 2008, the City of Anaheim, on the one hand, and
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 "), on the other hand, entered into that certain Development
Agreement No. 2007 - 00002, which was recorded in the Official Records of the County of
Orange, California ( "Official Records ") on March 20, 2008, as Instrument No. 2008000129034
(the "Development Agreement") with respect to that certain real property consisting of
approximately 4.13 acres and commonly known as 1005 through 1105 East Katella Avenue in
the City of Anaheim, County of Orange, State of California, which real property is generally
depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B
attached hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the Development Agreement provided for development of a 327 -unit mixed
use residential condominium project with a 9,500 square foot full- service restaurant with an
outdoor dining area. In addition to the Development Agreement, the City Council approved
Conditional Use Permit No. 2007 -05248 to permit the sales and consumption of alcoholic
beverages within a full- service restaurant and Tentative Tract Map No. 17186 to establish a 2 -lot
(1 lettered and 1 numbered) residential subdivision (the "Original Project "); and
WHEREAS, on June 10, 2008 and prior to its adoption of Ordinance No. 6090 and the
approval of Conditional Use Permit No. 2007 - 05248, the City Council found and determined that
FSEIR No. 334, including Updated and Modified Mitigation Monitoring Plan No. 106B for the
PTMLUP and Mitigation Monitoring Plan No. 153, served as the appropriate environmental
documentation for the Original Project; and
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WHEREAS, by the adoption of Ordinance No. 6246 on June 5, 2012, the City Council
approved Amendment No. 1 to Development Agreement 2007 -00002 ( "Amendment No. 1") to
extend the Term of, and provide for other modifications to, the Development Agreement.
Amendment No. 1 was recorded in the Official Records on June 14, 2012 as Instrument No.
2012000337873. The Development Agreement and Amendment No. 1 shall be referred to
herein collectively as the "Development Agreement'; and
WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership ( "Shopoff'), has
entered into an agreement with Marshall /See to purchase the Property. Under the authority set
forth in Section 65865 of the California Government Code, the Shopoff possesses an equitable
interest in and to the Property and is, therefore, authorized to enter into a Development
Agreement with the City for the Property; and
WHEREAS, pursuant to the authority conferred upon Shopoff by K/L and in accordance
with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal
Code (the "Code "), Shopoff submitted to the City a request to modify the site design and product
type of the Original Project, consisting of an increase in the number of dwelling units from 327
to 350 residential apartment units and a reduction in the amount of office and commercial
development (the "Platinum Vista Project "). To that end, Shopoff has requested the following
entitlements:
(a) that the Development Agreement be amended and restated in the form of the
proposed First Amended and Restated Development Agreement No. 2007 -00002
(Development Agreement No. 2007- 00002B) (the "Amended and Restated
Development Agreement ") presented at the meeting at which this Resolution was
adopted; and
(b) that Tentative Tract Map No. 17494 be approved.
WHEREAS, the Amended and Restated Development Agreement and Tentative Tract
Map No. 17494 shall be referred to herein collectively as the "Entitlements'; and
WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012-
00007 ( "Final Site Plan") to provide for the development of the Platinum Vista Project,
contingent upon the approval of the proposed Entitlements; and
WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ")
conducted a public hearing for the proposed Entitlements at the Civic Center in the City of
Anaheim on December 3, 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 said proposed
entitlements; and
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WHEREAS, this Planning Commission finds and determines that (i) FSEIR No. 339,
together with Mitigation Monitoring Program No. 306 and Addendum No. 1, serve as the
appropriate environmental documentation for the proposed Platinum Vista Project and the
Entitlements and satisfy all the requirements of CEQA; (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 Platinum Vista
Project and/or the Entitlements; and (iii) no fintber environmental documentation needs to be
prepared under CEQA for the proposed Platinum Vista Project and/or the 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 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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this Planning Commission does hereby recommend that the City Council take
the following action:
1. Find and determine that that (i) FSEIR No. 339, together with Mitigation
Monitoring Program No. 306 and Addendum No. 1, serve as the appropriate environmental
documentation for the proposed Platinum Vista Project and the Entitlements and satisfy all of the
requirements of CEQA; (ii) none of the conditions described in Section 15162 of the State
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CEQA Guidelines calling for the preparation of a subsequent environmental impact report have
occurred in connection with the proposed the Platinum Gateway Project and/or the Entitlements;
and (iii) no further environmental documentation needs to be prepared under CEQA for the
proposed Platinum Gateway Project and/or the Entitlements and all other actions authorized by
this Resolution; and
2. Approve and adopt the proposed Amended and Restated Development Agreement
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 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 the proposed Amended and Restated Development
Agreement be approved contingent upon and subject to the approval by the City Council of
Tentative Tract Map No. 17494.
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 Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures.
IVn
CHAIR, ANAHEIM CITY P ING COMMISSION
ATTEST:
SENIOR SECtETARY, ANAHEIM CITY PLANNING COMMISSION
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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 SECRETARY, ANAHEIM CITY COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00060
APN: 082 - 261 -28
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EXHIBIT "B"
LEGAL DESCRIPTION OF THE PROPERTY
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]
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EXHIBIT "C"
CONDITIONS OF APPROVAL
THE FURST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 2007-00002
PLATINUM VISTA APARTMENTS
(DEVELOPMENT AGREEMENT NO. 2007-00002B)
(DEV2012- 00060)
NOTE: Mitigation Measures ( "MM "), from Mitigation Monitoring Program No. 306 are
incorporated into these conditions of approval and are identified by the mitigation
measure number below applicable condition numbers.
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
PRIOR TO ISSUANCE -OFA GRADING PERMIT OR DEMOLITION PERMITS
1
Prior to approval of each grading plan (for
Planning Division
(NIM2 -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
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.
-8 - PC2012 -099
3
At least 90 days prior to the initiation of grading
Building Division
(MM 3 -2)
activities, for projects greater than one acre,
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
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.
4
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 issuance of a
grading permit the sewer plans shall be submitted
for review. Prior to issuance of a building permit
for each 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
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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.
5
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
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.
6
Prior to the issuance of the first grading permit, the
Development
OWNER shall demonstrate that coverage has been
Services
obtained under California's General Permit for
Stormwater Discharges Associated with
Construction Activity by providing a copy of the
Notice of Intent (NOT) submitted to the State Water
Resources Control Board and a copy of the
subsequent notification of the issuance of a Waste
Discharge Identification (WDID) number. 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.
7
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.
8
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
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total landscaped area exceeds 2,500 square feet.
(City of Anaheim Water Conservation Measures)
9
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
10
permit, whichever occurs first, the property
(NMIO -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
11
permit, whichever occurs first, the property
(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.
12
Prior to approval of a final subdivision map or
Development
(NMIO -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
- 11 - PC2012 -099
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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
Prior to issuance of the grading permit, the property
Development
owner shall submit a final drainage report and
Services
project improvement plans that incorporate the
required drainage improvements and the
mechanisms proposed in the Drainage Report. No
offsite run -off shall be blocked during and after
grading operations or perimeter wall construction.
14
Prior to issuance of a grading permit, the property
Development
owner /developer shall submit plans documenting
Services
that the design of all aboveground structures (with
the exception of parking structures) shall be at
least one foot 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.
Prior to the approval of each grading plan (for
Streets and Sanitation
15
import/export 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 hnport/ 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
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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.
16
Prior to issuance of each building permit or
Electrical
(NM10 -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
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
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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).
• Anew 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).
17
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
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
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College Boulevard from Cerritos
Avenue to Katella Avenue (2,600 feet).
• A new distribution duct bank on
Orangewood Avenue from I -5 to the
Santa Ana River (4,800 feet).
• Anew distribution duct bank on Gene
Autry Way from Haster Street to the
east side of I -5 (2,500 feet).
• Anew distribution duct bank on Gene
Autry Way from I -5 to State College
Boulevard (2,500 feet).
• Anew transmission duct bank on
Anaheim Way from 700 feet north of
Katella Avenue to Orangewood Avenue
(3,400 feet).
• A new transmission duct bank on Lewis
Street and Santa Cruz Street from
Katella Avenue to Orangewood Avenue
(3,000 feet).
• Anew distribution duct bank on the east
side of the Angel Stadium parking lot
from Orangewood Avenue to the SR -57
(2,000 feet).
Anew distribution duct bank on Douglas Road
from SR -57 to Cerritos Avenue (4,000 feet).
PRIOR TO ISSUANCE OFA BUILDING PERMIT
18
The property owner /developer shall submit
South Coast Air
(MM24)
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 constructibuild
with materials that do not require painting, or use
prepainted construction materials, to the extent
feasible.
19
The property owner /architect shall submit energy
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(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:
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@
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.
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20
(NM5 -1)
Prior to approval of street improvement plans for
any project - related roadway widening, the City
shall retain a qualified acoustic engineer to design
project acoustical features that will limit traffic
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
limited to, the replacement of windows and doors
at existing residences with acoustically rated
windows and doors.
Development
Services
Building Division
21
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 horns 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
Project.
22
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
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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.
23
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.
24
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.
25
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.
26
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
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.
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27
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.
28
The property owner /developer shall pay the school
Community
(NIM7 -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).
29
The property owner /developer shall pay the
Traffic and
(MM9 -4)
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.
30
Prior to approval of the first building permit the
Traffic and
(MM9 -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.
31
Any project forecast to generate 100 or more peak
Traffic and
(NIM 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
improvement phasing analyses to identify when
the improvements identified in the Revised
Platinum Triangle Expansion Project Draft Traffic
Study Report, Parson Brinkerhoff, August 2010
(Appendix F of this SEIR) shall be designed and
constructed. The Development Agreement
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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.
32
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
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
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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 -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.
34
hi conjunction with the preparation of any traffic
Traffic and
(MM9 -9)
improvement phasing analyses as required in
Transportation
Mitigation Measure 9 -6, and assuming that a
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:
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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.
35
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.
36
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
37
each building, the property owner /developer shall
Transportation
(MM9 -14)
pay the appropriate Traffic Signal Assessment
Division
Fees, Traffic Impact and hnprovement Fees, and
Platinum Triangle hnpact 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
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applicable reimbursement or benefit districts
which have been established.
38
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).
39
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.
40
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.
41
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
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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;
• Water - efficient dishwashers, clothes
washers, and other water using
appliances;
• Cooling tower recirculating system;
• 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.
42
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.
43
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
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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
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.
44
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.
45
The property owner /developer shall indicate on
Business and
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(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
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 ® 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
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kWh saved for each measure and up
to $200,000 per facility for efficiency
that exceed Title 24 requirements.
o 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
for outdoor irrigation.
Use of draught - tolerant and native plants in
outdoor landscaping.
46
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.
47
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.
48
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
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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
standards, or abandoned, if no longer needed, by
the property owner /developer.
49
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.
50
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
51
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
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
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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.
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
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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
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
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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, the
Development
final map shall be submitted to and approved by the
Services
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
That prior to the issuance of the first building
Traffic and
permit, the property owner /developer shall enter
Transportation
into a reimbursement agreement with the property
owner /developer of the Platinum Gateway project,
subject to the approval of the City Engineer, to
provide for cost sharing of the construction of the
public Connector Street between Lewis Street and
Katella Avenue.
66
That prior to the approval of the final subdivision
map or issuance of a building permit, whichever
occurs first, the property owner /developer shall
Traffic and
pay the identified fair share responsibility as
Transportation
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.
67
Prior to issuance of a building permit, the developer
Development Services
shall submit to the Public Works Department,
Development Services Division street improvement
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plans for the work on Katella Avenue, 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 as
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.
68
Prior to issuance of a building permit, the developer
Development
shall post a security to guarantee the construction
Services
of public improvements, including storm drain,
water, electrical and sewer, in an amount approved
by the City Engineer and in a form approved by
the City Attorney. The improvements shall be
constructed and operational prior to final
building and zoning inspections.
69
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- GOINGDURZIVG GRADIIVGAAID CONSTRUCTION
70
The property owner /developer shall be responsible
South Coast Air
(NIM 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.
71
The property owner /developer shall implement the
South Coast Air
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(MM 2 -2) following measures in addition to the existing
requirements for fugitive dust control under South
Coast Air Quality Management District Rule 403
to further reduce PMIo and PM 5 emissions. To
assure compliance, the City shall verify
compliance that these measures have been
implemented during normal construction site
inspections. The measures to be implemented are
listed below:
a) During all grading activities, the property
owner /developer's construction contractor
shall re- establish ground cover on the
construction site through seeding and
watering as quickly as possible to achieve
minimum control efficiency for PMIo 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 PMIo 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 rime.
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 PM under worst-
Quality Management
District
Public Works
Department
Building Division
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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 PM of 91 percent. an
h) During all construction activities, the
property owner /developer's construction
contractor shall water exposed ground
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
PM 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 PM 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
PMIa of 57 percent.
72
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
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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.
73
Through specific study of this project site, by a
Building Division
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-GOINGDURING CONSTR UCTIONA CTIVITIES
74
The property owner /developer shall be responsible
Building Division
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(NIM5 -8)
for requiring project contractors to properly
maintain and tune all construction equipment to
minimize noise emissions.
75
The property owner /developer shall be responsible
Building Division
(MM5 -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.
76
Material delivery, soil haul trucks, and equipment
Building Division
(MM5 -10)
servicing shall also be restricted to the hours set
forth in the City of Anaheim Municipal Code,
Section 6.70.
PRIOR TO APPROVAL AND ON- GOINGDURING CONSTRUCTION
77
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.
78
Prior to the approval and ongoing during
Streets and Sanitation
(MMI0 -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 B UILD17VGAND ZONING INSPECTIONS
79
In accordance with the riming 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 long-
term operational CO, NOx, ROG, and PM
emissions:
• Traffic lane improvements and
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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.
The property owner /developer shall submit
Building Division
80
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.
81
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.
82
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
83
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
shown on plans submitted for building permits.
84
In the event that the adjacent Platinum Gateway
Traffic and
project has not completed the following
Transportation
improvement, the property owner /developer shall
construct the Connector Street as identified on the
Site Plan along the west property line prior to final
building and zoning inspections. These
improvements shall include a cul -de -sac at the
north end of the Connector Street, or other turn
around area to the satisfaction of the City
Engineer, if it is expected that this project will be
in operation prior to the Platinum Gateway
project.
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85
That prior to City acceptance of the public right-
Traffic and
of -way improvements for Katella Avenue and for
Transportation
the public Connector Street identified in the Final
Site Plan, said streets shall be posted with "No
Stopping Any Time" signs and associated red
curbs, except, in the locations where the
Connector Street is improved with designated
parking stalls and 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.
86
That prior to final building and zoning inspections,
Development
the developer shall install accessible curb access
Services
ramps with truncated domes at the intersection of
collector street "A" at the parking garage access,
in conformance with Public Works Standard
Detail 111 -3.
87
Prior to release of posted securities, the public
Development
improvements shall be constructed by the
Services
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
That prior to final building and zoning inspections,
Development
the developer shall improve the streets as follows:
Services
1) improve Katella Avenue per the Platinum
Triangle Implementation Master Plan or as
approved by the City Engineer, 2) improve the
interior collector streets "A" per the Connector and
Collector Streets requirements of the Platinum
Triangle Master Land Use Plan and the Platinum
Triangle Implementation Plan. Install a temporary
Wm-around at the north terminus of Street "A" as
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required by the City Engineer and the Fire
Department.
90
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 AW APPROVAL
91
Prior to the issuance of the first building permit for
Development
Platinum Gateway and/or Platinum Vista, any
Services
existing structures located within the ultimate
right -of -way for connector streets "A" and `B ",
Katella Avenue and Lewis Street shall be
demolished.
92
The vehicular access rights to Katella Avenue shall
Development
be released and relinquished to the City of
Services
Anaheim.
93
The vehicular access rights to connector public road
Development
STREET "A" and STREET `B ", except at the
Services
private street openings, shall be released and
relinquished to the City of Anaheim.
94
The property owner /developer shall irrevocably
Development
offer for dedication (with subordination of
Services
easements), including necessary construction
easements, 1) the ultimate arterial highway
right(s) -of -way adjacent to their property ( Katella
Avenue) as shown in the Platinum Triangle
Implementation Plan or as approved by the City
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.
95
Prior to the approval of the final subdivision map,
Development
in the event that the owner of Parcel 1 of Tentative
Services
Tract 17494, commonly known as the proposed
"Platinum Gateway" project (APN 082 -26 -123
and 082 -26 -124), requires to construct Collector
Street "A" and/or `B" improvements, the property
owner /developer shall cooperate with "Platinum
Gateway" to grant temporary construction
easement(s) where necessary adjacent to Collector
Street "A" and/or `B" lying within the boundary
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of Parcel 2 of Tentative Tract 17494.
96
Prior to the approval of the final subdivision map,
Development
in the event that the Parcel 1 of Tentative Tract
Services
17494, commonly known as the proposed
"Platinum Gateway" project (APN 082 -26 -123
and 082 -26 -124), is not developed, the owner of
Parcel 2 of Tentative Tract 17494 shall install a
vehicular turn - around area 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.
97
A maintenance covenant shall be submitted to the
Development
Subdivision Section and approved by the City
Services
Attorney's office. The covenant shall include
provisions for maintenance of private facilities such
as private sewer, concrete paver covered street
sections, private storm drain improvements,
temporary tum- around areas, if any, and backflow
prevention devices such as flap gates; compliance
with approved Water Quality Management Plan;
and a maintenance exhibit. Maintenance
responsibilities shall include all drainage devices,
concrete pavers within the Connector public road,
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.
98
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
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 if the required terms are
included therein.
99
The property owner /developer shall record an
Traffic Engineering
easement for cul -de -sac driveway purposes on the
adjacent property to the immediate west if needed,
as approved by the City Engineer.
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GENERAL
100
Ongoing during project operation, if the Anaheim
Police
(M:M7 -6)
Police Department of Anaheim Traffic
Traffic Management
Management Center (TMC) personnel are required
Development
to provide temporary traffic control services for
Services
the project, the property owner /developer shall
reimburse the City, on a fair share 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
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
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.
103
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
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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.
104
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 No. 1
(Overall Site Plan including Platinum
Vista and Platinum Gateway) Exhibit No. 2
(Platinum Vista Site Plan), Exhibit No. 3
(Tentative Tract Map), Exhibit No. 4, Floor and
Unit Plans), Exhibit No. 5 (Garage Plans), Exhibit
No. 6 (Elevations), Exhibit No. 7 (Site Section),
Exhibit No. 8 (Landscape Plans and Materials
Legend), and as conditioned herein.
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