6497 ORDINANCE NO. 6497
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING DEVELOPMENT AGREEMENT NO.
2020-00002 BY AND BETWEEN THE CITY OF ANAHEIM AND
SRB MANAGEMENT, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE
CITY.
(DEVELOPMENT AGREEMENT NO. 2020-00002)
(DEV2020-00127)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section
65864) of the Government Code of the State of California (herein referred to as the "Statute")
authorizes a city to enter into a contract which is called a development agreement in order to
establish with certainty what regulations will govern the construction of a development; and
WHEREAS, on November 23, 1982, the City, as a charter City, enacted Ordinance No.
4377 on November 23, 1982, which makes City of Anaheim (the "City") subject to the
Development Agreement Statute (the "Enabling Ordinance"), and adopted Resolution No. 82R-
565 (the "Procedures Resolution"), which establishes procedures and requirements for the
consideration of development agreements; and
WHEREAS,pursuant to that certain Purchase and Sale Agreement entered into by the City
and SRB Management Company, LLC (the "Developer") and dated December 20, 2019, as
modified by a Letter of Understanding dated May 5,2020 at the request of Developer,as modified
by a letter dated May 29, 2020, by a confirmation letter, dated June 15, 2020, from City, and as
amended and restated by that certain Amended and Restated Purchase and Sale Agreement
considered by City Council concurrently herewith (as amended, the"Purchase Agreement"), the
Developer will purchase from the City the approximately 151 acres of land located at 2000 East
Gene Autry Way and 2200 East Katella Boulevard in the City of Anaheim, County of Orange,
State of California, as 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 Property is located within the Platinum Triangle area, and is currently
improved with an approximately 45,500 seat stadium known as "Angel Stadium of Anaheim"
-("Angel Stadium"), an approximately 1,700 person capacity performance venue known as "City
National Grove of Anaheim" (the"Grove"), and associated surface parking lots; and
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route 57 ("SR-57 Freeway") freeways in the City,
generally east of the Interstate 5 Freeway, west of the Santa Ana River channel and the SR-57
Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit.
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The Platinum Triangle encompasses the Angel Stadium, the Honda Center, the City National
Grove of Anaheim, the Anaheim Regional Transportation Intermodal Center (ARTIC), and
surrounding residential and mixed use development, light industrial buildings, industrial parks,
distribution facilities, offices, hotels,restaurants, and retail development; and
WHEREAS, since 1996,the City Council has approved several actions relating to the area
encompassed by the Platinum Triangle; and
WHEREAS,on July 9, 1996,the City Council certified Final Environmental Impact Report
(FEIR) No. 320 (State Clearinghouse No. 95041029) and adopted Area Development Plan No.
120 for the portion of the Angel Stadium property associated with the Sportstown Development.
Area Development Plan No. 120 permitted up to 119,543 seats for new and/or renovated stadiums,
750,000 square feet of urban entertainment/retail uses, a 500-room hotel (550,000 square feet), a
150,000 square foot exhibition center, 250,000 square feet of office development, and 15,570 on-
site parking spaces. The Grove, the renovated Angel Stadium, and the Stadium Gateway Office
Building were developed/renovated under this plan; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan (MLUP). The boundaries for the Anaheim Stadium Area MLUP were
generally the same as those for the Platinum Triangle,with the exception that this MLUP included
15 acres adjacent to I-5 that are not a part of the current Platinum Triangle boundaries. As part of
the approval process for the Anaheim Stadium Area MLUP,the City Council also certified FEIR
No. 321 (State Clearinghouse No. 9611041) and adopted the Mitigation Monitoring Program No.
106. Development within the Anaheim Stadium Area was implemented through the Sports
Entertainment(SE)Overlay Zone,which permitted existing uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including increased
land use intensity. Implementation of the SE Overlay Zone was projected to result in a net loss of
491,303 square feet of industrial space and an increase of 1,871,285 square feet of new office
space,452,026 square feet of new retail space,and 991,603 square feet of new hotel space.Projects
that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena Corporate
Center, and the Westwood School of Technology;and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update changed the General Plan designations within the Platinum Triangle
from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed-Use, Office-
High, Office-Low, Industrial, Open Space and Institutional to provide opportunities for existing
uses to transition to mixed-use, residential,office,and commercial uses. The General Plan Update
also established the overall maximum development intensity for the Platinum Triangle to be up to
9,175 dwelling units, 5,000,000 square feet of office space, 2,044,300 square feet of commercial
uses, industrial development at a maximum floor-area ratio ("FAR") of 0.50, and institutional
development at a maximum FAR of 3.0. In addition, the square footage/seating allocated to the
existing Honda Center and all of the development intensity entitled by Area Development Plan
No. 120 was incorporated into the Platinum Triangle Mixed Use land use designation. Final
Environmental Impact Report No. 330 ("FEIR No. 330," State Clearinghouse No. 2003041105),
which was prepared for the General Plan and Zoning Code Update and associated actions,analyzed
the above development intensities on a citywide impact level and adopted mitigation monitoring
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programs, including an Updated and Modified Mitigation Monitoring Program No. 106 for the
Platinum Triangle; and
WHEREAS, on August 17, 2004, in order to provide the implementation tools necessary
to realize the City's new vision for the Platinum Triangle,the City Council replaced the Anaheim
Stadium Area MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"),
replaced the SE Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone (the"PTMU
Overlay Zone"), approved the form of the Standardized Platinum Triangle Development
Agreement, and approved associated zoning reclassifications. Under these updated zoning
regulations, property owners desiring to develop under the PTMU Overlay Zone provisions are
required to enter into a standardized Development Agreement with the City; and
WHEREAS, on October 25, 2005, the City Council adopted and certified the Final
Subsequent Environmental Impact Report No. 332 ("FSEIR No. 332," State Clearinghouse No.
2004121045), including an Updated and Modified Mitigation Monitoring Program No. 106A to
provide for the implementation of the PTMLUP and associated actions, which used the certified
FEIR No. 321 and Mitigation Monitoring Program No. 106. The land use actions associated with
FSEIR No. 332 collectively increased the allowable development intensity within the Platinum
Triangle to 9,500 residential units, 5,000,000 square feet of office uses, and 2,254,400 square feet
of commercial uses; and
WHEREAS, following the certification of FSEIR No. 332,the City Council approved two
addenda to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle intensity
by 67 residential units, 55,550 square feet of office development, and 10,000 square feet of
commercial uses. A project Environmental Impact Report was also approved to increase the
allowable development intensities by an additional 699 residential units to bring the total allowable
development intensity within the Platinum Triangle up to 10,266 residential units, 5,055,550
square feet of office uses, and 2,264,400 square feet of commercial uses;and
WHEREAS,on February 13,2007,the City embarked upon a process to amend the General
Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized Development
Agreement, and related zoning reclassifications to increase the allowable development intensities
within the Platinum Triangle to up to 18,363 residential units,5,657,847 square feet of commercial
uses, 16,819,015 square feet of office uses, and 1,500,000 square feet of institutional uses (the
"Platinum Triangle Expansion Project"); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334") adopting a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106B in conjunction with its consideration and approval of a series of
actions in order to provide for the implementation of the PTMLUP and approval of the Platinum
Triangle Expansion Project; and
WHEREAS,following the approval of FSEIR No. 334,a lawsuit was filed by the Citizens
for Responsible Equitable Environmental Development and the Orange County Communities
Organized for Responsible Development challenging the adequacy of FSEIR No. 334. The City
Council thereafter repealed the approval of the Platinum Triangle Expansion Project FSEIR No.
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334 and various related actions and directed staff to prepare a new subsequent Environmental
Impact Report for the Platinum Triangle Expansion Project; and
WHEREAS, on October 26, 2010, the City Council approved the Revised Platinum
Triangle Expansion Project, which included amendments to the General Plan, the PTMLUP and
the PTMU Overlay Zone, and related zoning reclassifications to increase the allowable
development intensities within the PTMU Overlay Zone up to 18,909 residential units, 14,340,522
square feet of office uses,4,909,682 square feet of commercial uses, and 1,500,000 square feet of
institutional uses. Before approving said amendments and zoning reclassifications, the City
Council approved and certified the "Revised Platinum Triangle Expansion Project Subsequent
Environmental Impact Report No. 339" for the Revised Platinum Triangle Expansion Project,
including Updated and Modified Mitigation Monitoring Plan No. 106C (collectively referred to
herein as "FSEIR No. 339"); and
WHEREAS, the City Council has approved eight addenda to address modifications to the
Revised Platinum Triangle Expansion Project. In addition to the eight addenda that the Anaheim
City Council has approved,two additional addenda are currently under preparation; and
WHEREAS, Addendum No. 1 to FSEIR No. 339, dated April 2012 ("Addendum No. 1")
was adopted by the City Council in connection with the Katella Avenue/Interstate 5 Undercrossing
Improvement Project, which included widening of Katella Avenue at the undercrossing with I-5
between Anaheim Way and Manchester Avenue and creating a fourth through lane of traffic in
each direction of travel and maintain dual left-turn pockets at both intersections; and
WHEREAS,Addendum No.2 to FSEIR No. 339,dated December 2012 ("Addendum No.
2") was adopted by the City Council in connection with the development of a four-story wrap-
style residential building with 399 dwelling units,a five-story parking structure,and a public park
on a 7.01-acre parcel commonly known as 905-917 East Katella Avenue ("Platinum Gateway
Project"). This project included amendments to the General Plan and the PTMLUP to increase the
total number of dwelling units to 18,988 dwelling units, reduce the commercial square footage to
4,795,111 square feet,reduce the office square footage to 14,131,103 square feet,and maintain the
same square footage for institutional uses at 1,500,000 square feet; and
WHEREAS,Addendum No.3 to FSEIR No.339,dated August 2014("Addendum No.4")
was adopted by the City Council in connection with the development of a five-story wrap- style
residential apartment building with 389 units and a six-story parking structure on a 4.13-acre parcel
commonly known as 1005-1105 East Katella Avenue ("Platinum Vista Project"). This project
included amendments to the General Plan and the PTMLUP to allow up to 19,027 dwelling units,
reduce the commercial square footage to 4,735,111 square feet, and maintain the same square
footage of office uses and institutional uses at 14,131,103 square feet and 1,500,000 square feet
respectively; and
WHEREAS, Addendum No. 4 to FSEIR No. 339, dated October 2015 ("Addendum No.
5")was adopted by the City Council in connection with the revisions to a master planned mixed-
use project on a 43.1-acre property commonly known as 1404 East Katella Avenue to permit
between 1,400 and 1,746 residential units, between 38,000 and 50,000 square feet of commercial
uses, two public parks and a network of local streets ("A-Town Project"). This project amended
the PTMU Overlay Zone to modify the requirement for ground floor commercial uses on Market
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Street, clarify that ground floor commercial uses are required on Gene Autry Way east of Union
Street,and expand the size of the Gene Autry District from 33 acres to 43 acres as part of a revised
project design for the A-Town Project located at State College Boulevard immediately north of
Gene Autry Way; and
WHEREAS, Addendum No. 5 to FSEIR No. 339, dated June 2016 ("Addendum No. 5")
was adopted by the City Council in connection with the development of a mixed-use community
with 1,079 residential apartments (including 12 live/work units), 14,600 sf of retail uses, and a
1.11-acre public park on a 17.5-acre property located at the southwest corner of State College
Boulevard and Gene Autry Way ("Jefferson Stadium Park Project"). This project included
amendments to the General Plan and the PTMLUP to relocate and combine two park sites into one
park site and designate previous park site to a mixed-use designation, reconfigure internal streets,
and to reduce the allowable residential units to 18,909, increase the allowable commercial uses to
4,909,682 square feet, increase the allowable offices uses to 14,340,522 square feet, and maintain
the allowable institutional uses at 1,500,000 square feet; and
WHEREAS,Addendum No.6 to FSEIR No. 339,dated September 2016("Addendum No.
6") was adopted by the City Council in connection with the development of a mixed-use project
with 405 dwelling units, 433,000 square feet of commercial uses, a 200-room hotel, and 77,000
square feet of office uses on a 14.8-acre property located on the northeast corner of Orangewood
Avenue and State College Boulevard ("LT Platinum Center Project"). This project included
amendments to the General Plan and the PTMLUP to revise the district boundaries to change the
LT Platinum Center Project site from the Gateway District to the Stadium District and created
three Sub-Areas for the Stadium District, including placing the Property into Sub-Area A and
changed the allowable development intensity on the Project Site (Sub-Area A)to 5,175 dwelling
units, 3,095,000 square feet commercial development, 2,832,300 square feet office development
and stadiums with up to 119,543 seats. The Addendum also studied the modification of density
provisions in the Platinum Triangle Area, designated for mixed-use land uses, to reduce the
maximum dwelling units to 17,348 units, increase the maximum commercial uses to 4,782,243
square feet,reduce the maximum office space to 9,180,747 square feet,and remove the designation
of a public park from the site. The Anaheim Traffic Analysis Model (ATAM) was updated as a
result of the transfer of land use density and the General Plan Build-out Year traffic volumes were
reanalyzed. The Platinum Triangle Improvement Plan was updated as a result of this analysis; and
WHEREAS,Addendum No.7 to FSEIR No. 339,dated March 2017("Addendum No. 7")
was adopted by the City Council in connection with the widening of Gene Autry Way from four
lanes to six lanes with medians and storm drain and stormwater improvements; widening of the
west side of State College Boulevard between the Gateway Office and Artisan Court to
accommodate a southbound right-turn lane and a third through lane; making improvements to the
east side of the intersection of State College Boulevard at Gene Autry Way, which is the west
entrance to Angel Stadium; and constructing a new intersection on Gene Autry Way at Union
Street to provide access to planned development areas; and
WHEREAS, Addendum No. 8 to FSEIR No. 339, dated March 2018 ("Addendum No. 8)
was adopted by the City Council in connection with the widening of Orangewood Avenue from
State College Boulevard to Dupont Drive and from Dupont Drive to the Santa Ana River,
respectively, from four lanes to six lanes with the addition of right-turn lanes. The project also
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included improvements on State College Boulevard between Orangewood Avenue and Artisan
Court; and
WHEREAS, Addendum No. 9 to FSEIR No. 339 ("Addendum No. 9") is currently under
preparation in connection with the proposed widening of Orangewood Avenue from a five-lane
roadway to a six-lane divided facility to provide expanded bicycle and pedestrian access from the
Santa Ana River to just east of SR-57 at the SR-57/Orangewood Avenue interchange. The project
would also include a pipe line connection in Orangewood Avenue right-of-way, generally
beginning at Rampart Street and ending to the east at Eckhoff Street. The City Council review of
Addendum No. 9 is anticipated in the 4th quarter of 2020; and
WHEREAS,Addendum No. 10 to FSEIR No.339("Addendum No. 10")is currently under
preparation in connection with the proposed amendment to the General Plan, Zoning Map, and
PTMLUP to allow the development of up to 120 dwelling units on a 2.81-acre property located at
710-818 East Katella Avenue and 1815 South Lewis Street.Development of the Project Site would
be subject to the requirements of the Platinum Triangle Mixed Use (PTMU) Overlay Zone,
including but not limited to, subsequent City Council approval of a Development Agreement. The
City Council review of Addendum No. 10 is anticipated in the 4th quarter of 2020; and
WHEREAS, the Zoning Code Section 18.20.200.020 requires that the City and the
property owner to enter into a development agreement for development projects in the Platinum
Triangle; and
WHEREAS,the Purchase Agreement conditions the City's agreement to sell the Property
and the Developer's agreement to purchase the Property on,among other things,a Disposition and
Development Agreement (the "DDA"), to develop the Property not to exceed the development
intensities authorized by PTMLUP, PTMU Overlay Zone, and SEIR No. 339, and to serve as the
Code required development agreement for the development of the Property; and
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission")did receive a verified petition for(1)the DDA(Development Agreement No.2020-
00002)as specified in the Purchase Agreement;and(2)an amendment to the Zoning Code(Zoning
Code Amendment No. 2020-00171)to permit arenas and stadiums within the Arena and Stadium
Districts of the PTMU Overlay Zone, subject to the review and approval of a conditional use
permit, for the development of the Property. The proposed development consists of a mixed use
community with up to 5,175 dwelling units, 2,700,000 square feet of office uses, and 1,750,000
square feet of commercial uses, up to 13.2 acres of public parks, a site for a fire station, and
retention of the existing Angel Stadium with an option to replace the existing stadium with a
replacement stadium of the same approximate size and seating capacity (the Project"); and
WHEREAS, as part of the DDA application, the Developer submitted a Master Site Plan
pursuant to Section 18.20.200 (Implementation) of Chapter 18.20 (PTMU Overlay Zone) of the
Zoning Code, which provides the framework for the development of the Property. Development
Agreement No. 2020-00002 with the Master Site Plan, Zoning Code Amendment No. 2020-
00171, and the Project shall be referred to herein collectively as the"Proposed Project"; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
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"CEQA"), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedures, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedures,the City prepared a Sustainable Communities Environmental Assessment(the
"SCEA," State Clearing House No. 2020079026) for the Proposed Project to evaluate the
environmental impacts of the proposed project and to identify necessary mitigation pursuant to the
requirements of the CEQA. The document reviews the analysis in prior EIRs certified by the City
for the Platinum Triangle area and the Southern California Association of Governments'
("SCAG") 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy Program
EIR("RTP/SCS PEIR")to determine if the proposed project would result in new project specific
effects or a substantial increase in the severity of significant impacts identified in the City prior
EIRs and RTP/SCS PEIR, and whether mitigation measures or uniformly applicable development
policies would substantially mitigate these impacts.The SCEA is used to specifically analyze new
project-specific effects or a substantial increase in the severity of significant impacts identified in
the City prior EIRs and RTP/SCS PEIR that are not substantially mitigated by uniformly applicable
development policies; and
WHEREAS, the SCEA was circulated for a 30-day public and responsible agency review
from July 30, 2020 to August 31, 2020. A Notice of Availability ("NOA") was published in the
Anaheim Bulletin on July 30, 2020, a newspaper of general circulation, posted in the office of
Orange County Clerk-Recorder, and sent to applicable responsible agencies and other interested
parties and agencies,along with property owners and residents within 1,000 feet of the boundaries
of the Proposed Project. The NOA and the draft SCEA were also made available for review at the
Planning and Building Department of the City located on the First Floor of City Hall at 200 South
Anaheim Boulevard and on the City's website at www.anaheim.net; and
WHEREAS,none of the comments received during the public review period of the SCEA
resulted in substantial revisions requiring recirculation or the need to prepare an environmental
impact report. In addition, an Errata to the SCEA was prepared to correct minor errors, minor and
limited updates to mitigation measures, and provide additional clarifications. The revisions made
to the SCEA by the Errata do not entail a significant, meaningful change to the environmental
impact analysis or environmental significance determinations provided throughout the SCEA, do
not change the adequacy of the SCEA and its findings, do not amount to a substantial revision of
the SCEA, and do not require recirculation of the SCEA; and
WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation
Monitoring Plan has been prepared for the Proposed Project (herein referred to as "Updated and
Modified MMP No. 106D"); and
WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on September 9, 2020, at 5:00 p.m.,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, to hear and consider the SCEA and to hear and
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consider evidence for and against the Proposed Project and related actions, and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS,by its motion,but prior in time to,the adoption of its Resolution No.PC2020-
037 and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA
Procedures,the Planning Commission recommended that the City Council find and determine that
the SCEA constitutes an adequate, accurate, objective and complete review of the environmental
effects of the Proposed Project in accordance with CEQA and the CEQA Guidelines and
recommended that the City Council approve and adopt the SCEA and MMP No. 106D; and
WHEREAS, after due inspection, investigation and study made by itself, and in its behalf,
and after due consideration of, and based upon, all evidence and reports offered at said hearing
relating to Proposed Project, the Planning Commission, adopted Resolution PC2020-037,
recommending that the City Council approve the Development Agreement No. 2020-00002 in the
form presented at the meeting,contingent upon and subject to(1)the adoption by the City Council
of an ordinance approving and adopting Zoning Code Amendment No. 2020-00171; (2) the
mitigation measures set forth in MMP 106D for the Proposed Project; and (3)the conditions and
approval associated with Development Agreement No. 2020-00002 set forth in Exhibit B to
Resolution No. PC2020-037; and
WHEREAS, upon receipt of the Planning Commission's recommendation, made by both
Resolution PC2020-037 and motion, the City Council did fix the 29th day of September, 2020, as
the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on
the Proposed Project and the SCEA and for the purpose of considering evidence for and against
the Proposed Project and the SCEA, and did give notice thereof in the manner and as provided by
law; and
WHEREAS,this City Council, 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 Development Agreement No.
2020-00002, in the form presented at this meeting, meets all of the standards and 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 Development Agreement No.2020-00002 is consistent with the General
Plan and with the goals, policies, programs and objectives specified in the General Plan as the
Proposed Project is a mixed-use development with residential, commercial (including hotels),
office, and entertainment uses. The General Plan designates the project site for Mixed-Use Urban
Core land uses,which provides for mix of residential,commercial,services,hotel and professional
offices uses in a high-quality environment. The proposed project also supports the following
General Plan goals:
o Goal 2.1: Continue to provide a variety of quality housing opportunities to
address the City's diverse housing needs.
o Goal 3.1: Pursue land uses along major corridors that enhance the City's image
and stimulate appropriate development at strategic locations.
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o Goal 3.2: Maximize development opportunities along transportation routes.
o Goal 5.1: Create and enhance dynamic, identifiable places for the benefit of
Anaheim residents, employees and visitors.
o Goal 6.1: Enhance the quality of life and economic vitality in Anaheim through
strategic infill development and revitalization of existing development.
o Goal 7.1: Address the jobs-housing relationship by developing housing near job
centers and transportation facilities;
2. The proposed Development Agreement No. 2020-00002 is compatible with the uses
authorized in,and the regulations prescribed for,the applicable zoning district(s)in which the Project
is and will be located as a mixed-use development is a permitted use within the PTMU Overlay
Zone;
3. The proposed Development Agreement No. 2020-00002 is compatible with the orderly
development of property in the surrounding area as the proposed project consists of a mixed-use
development at a density that is consistent with the maximum density allowed for the Project Site
and is compatible with the surrounding commercial, light industrial,and residential land uses in the
vicinity;
4. The proposed Development Agreement No. 2020-00002 is not otherwise detrimental to
the health and safety of the citizens of the City of Anaheim as it provides for additional public
benefits such as a public park and affordable housing beyond that required by the Zoning Code,
requiring labor agreements for certain types of projects,and,obtaining a commitment that the Angels
will remain in the City until at least 2050;
5.The Project Site is physically suitable for the Proposed Project and density of development
proposed under Development Agreement No. 2020-00002, as the Proposed Project is within the
maximum development densities allowed for the Project Site,as authorized by the PTMLUP,PTMU
Overlay Zone,and City prior EIRs;
6. The Development Agreement No.2020-00002 is not likely to cause serious public health
problems as all environmental impact has been analyzed by the SCEA;
7. The proposed Development Agreement No. 2020-00002 constitutes a lawful, present
exercise of the City's police power and authority under, is entered into pursuant to, and is in
compliance with the City's charter powers, the requirements of Section 65867 of California
Government Code and the Procedures Resolution;and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
That Development Agreement No. 2020-00002 by and between the City of Anaheim and
SRB Management, LLC, a California limited liability company, attached hereto as Exhibit C be,
and the same is hereby, approved.
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SECTION 2.
That the Mayor be, and is hereby, authorized to execute Development Agreement No.
2020-00002 for and on behalf of the City.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 290 day of September,2020,and thereafter passed and adopted
at a regular meeting of said City Council held on the 6th day of October, 2020, by the following
roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Brandman,
Kring, and O'Neil
NOES: Council Members Barnes and Moreno
ABSENT: None
ABSTAIN:None
CITY OF ANA HEIM
BY: ►
M Y U R OF , C ' 0' ANAHEIM
ATTEST:
CITY CLERK F THE CITY OF ANAHEIM
139536/LM
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EXHIBIT "A"
DEV NO. 2020-00127
APN: 232-011-42, 232-011-43, 232-011-41,
232-011-48, 232-011-38, 232-011-35, E KATE LLA AVE
232-011-50, 232-011-02, 232-011-37,
232-011-39, 232-011-40, 232-011-06,
232-011-36, 232-011-47, 232-011-44,
083-270-47 ,
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( .� Source:Recorded Tract Maps and/or City GIS.
4
Please note the accuracy is+1-two to five feet.
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"EXHIBIT B"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM,
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS
FOLLOWS:
PARCEL 1:
PARCELS 1, 2, 3, AND 4 OF PARCEL MAP NO. 2006-262, IN THE CITY OF ANAHEIM
AND THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 357, PAGES 25 THROUGH 34 INCLUSIVE OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 232-011-02; 232-011-06; 232-011-35; 232-011-36; 232-011-37; 232-011-38; 232-011-39;
232-011-40; 232-011-41; 232-011-42; 232-011-43; 232-011-44; 232-011-47; 232-011-48; 232-
011-50
PARCEL 2:
INTENTIONALLY DELETED
PARCEL 3:
THAT PORTION OF LOT 3 OF TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF SAID COUNTY RECORDER,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID
LOT, NORTH 89°59'00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE
WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.9 FEET, MEASURED
AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89°59'00"
WEST 139.13 FEET,ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY
LINE OF THE ATCHISON,TOPEKA AND SANTA FE RAILWAY COMPANY'S 30.00 FOOT
WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK
5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A
RADIAL TO SAID POINT BEARS SOUTH 16°17'15" EAST; THENCE NORTHEASTERLY
283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°23'25" TO A
POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG
SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 00°57'19"; THENCE
SOUTH 31°16'19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE
SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19°49'13"TO THE POINT OF BEGINNING.
APN: 083-270-47 (PORTION)
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DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF ANAHEIM
AND
SRB MANAGEMENT,LLC
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1.48 Transfer 9
1.49 Zoning Code 9
SECTION 2. TERM 9
2.1 Tenn 9
2.2 Automatic Termination Upon Completion and Sale of Residential Lot 10
2.3 Automatic Termination in the Event Developer's Acquisition of the Property is
not Completed 10
SECTION 3. BENEFITS TO CITY 10
SECTION 4. BENEFITS TO DEVELOPER 1 1
SECTION 5. BINDING COVENANTS 11
SECTION 6. VESTED DEVELOPMENT RIGHTS 11
6.1 Generally 11
6.2 f Intentionally Omitted' 11
6.3 No Conflicting Laws 11
SECTION 7. DEVELOPMENT APPROVALS 12
7.1 Master Site Plan 12
7.2 Project Vesting Tentative Tract Map 12
7.3 Processing of Development Approvals for Project Uses 14
7.4 Exactions 15
7.5 Replacement Stadium 16
7.6 Taxes 16
7.7 Stadium Event Traffic and Parking Management 16
7.8 Modification of Development Standards 17
7.9 Public Realm Plan 17
7.10 Maximum Height 17
SECTION 8. PUBLIC DEDICATIONS,IMPROVEMENTS AND AFFORDABLE
HOUSING 17
8.1 Dedications 17
8.2 Regional Storm Drain 18
8.3 Utilities(Water,Electrical.Gas, Sewer,and Drainage) 19
8.4 Lower and Very Low Income Housing 19
8.5 Community Benefit Park 21
8.6 Mini-Parks 22
8.7 Timing.Phasing and Sequence of Dedications,Public Improvements and
Facilities 23
8.8 Construction of Public Improvements 24
8.9 Uniform Application 24
SECTION 9. ADDITIONAL PUBLIC BENEFITS 24
9.1 Angels Commitment Agreement 24
9.2 Project Labor Agreements 25
9.3 Development Milestones 25
9.4 Arena/Stadium Special Sign District 27
ii
SECTION 10. INFRASTRUCTURE FINANCING 27
10.1 Financing Districts 27
10.2 Platinum Triangle Infrastructure and/or Maintenance Assessment District 27
SECTION 11. ASSIGNMENT .. 27
11.1 Right to Assign and Transfer 27
SECTION 12. ENFORCEMENT 29
SECTION 13. COVENANTS,CONDITIONS AND RESTRICTIONS 29
SECTION 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES 29
SECTION 15. AMENDMENT OR CANCELLATION 29
15.1 Initiation of Amendment or Cancellation 29
15.2 Procedure 29
15.3 Consent 29
15.4 Amendments 29
15.5 Effect of Amendment to DDA 30
SECTION 16. RESERVED AUTHORITY 30
16.1 State and Federal Laws and Regulations 30
16.2 Public Health and Safety 30
16.3 Applicability of Uniform Codes 30
SECTION 17. PERIODIC REVIEW 30
17.1 Annual Review 30
17.2 Applicant's Submission 30
17.3 Findings:Non-Compliance:Right to Cure 31
17.4 Annual Review of Transferee Assignment and Assumption Agreements 31
17.5 Initiation of Review by City Council 31
SECTION 18. DEFAULTS 31
18.1 Defaults 31
18.2 Notice of Default 31
18.3 City Remedies for Developer Default 32
18.4 Commitment Agreement 32
18.5 Developer Remedies for City Default 32
18.6 Failure to Assert 33
18.7 Modification or Termination 33
SECTION 19. MORTGAGES AND MORTGAGEE PROTECTION 34
19.1 Ability to Encumber 34
19.2 Mortgagee Obligations 34
19.3 Mortgagee Protection 34
19.4 Notice of Default to Mortgagee,Right of Mortgagee to Cure 34
19.5 Bankruptcy 35
19.6 Disaffirmance 35
iii
SECTION 20. NOTICES 35
SECTION 21. ESTOPPEL CERTIFICATES 36
SECTION 22. GENERAL 37
22.1 Force Majeure 37
22.2 Construction of DDA 37
22.3 Severability 37
22.4 Hold Harmless Agreement 37
22.5 Legal Challenges 38
22.6 Public Agency Coordination 38
22.7 Initiative Measures 38
22.8 Attorneys' Fees 38
22.9 No Waiver 38
22.10 Authority to Execute 39
22.11 Captions 39
22.12 Consent 39
22.13 Further Actions and Instruments 39
22.14 Subsequent Amendment to Authorizing Statute 39
22.15 Governing Law 39
22.16 Effect on Title 39
22.17 No Third Party Beneficiaries 39
22.18 Project as a Private Undertaking 39
22.19 Restrictions 40
22.20 Recitals 40
22.21 Recording 40
22.22 Entire Agreement 40
22.23 Successors and Assigns 40
22.24 Exhibits 40
22.25 Delegation 40
22.26 Interest Rate 40
22.27 Compliance with Laws 40
LIST OF EXHIBITS
Exhibit A Legal Description of the Property
Exhibit B Master Site Plan
Exhibit C SCEA Mitigation Measures
Exhibit D Platinum Triangle Fees
Exhibit E Regional Storm Drain Alignment
Exhibit F Potential Community Benefit Park Locations
Exhibit G Form Assignment and Assumption Agreement
Exhibit H Conditions of DDA Approval
iv
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO:
City Council
City of Anaheim
do City Clerk
P.O.Box 3222
Anaheim,California 92805
(Space Above Line For Recorder's Use)
DISPOSITION AND DEVELOPMENT AGREEMENT
BY AND BETWEEN
THE CITY OF ANAHEIM
AND
SRB MANAGEMENT,LLC
This Disposition and Development Agreement("DDA")is entered into this day of ,2020,
by and between the City of Anaheim,a charter City and municipal corporation,duly organized and
existing under the Constitution and laws of the State of California(hereinafter"City")and SRB
Management,LLC(referred to herein as"Developer")(and together,the"Parties"),pursuant to the
authority set forth in Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of
the California Government Code.
RECITALS
A. To strengthen the public planning process,encourage private participation in comprehensive
planning,and reduce the economic risk of development,the Legislature of the State of California
adopted the Development Agreement Statute, Sections 65864,et seq.,of the Government Code,
which authorizes the City to enter into binding development agreements with persons having
legal or equitable interests in real property for the development of such property in order to,
among other things: encourage and provide for the development of public facilities in order to
support development projects;provide certainty in the approval of development projects in order
to avoid the waste of resources and the escalation in project costs and encourage investment in
and commitment to comprehensive planning which will make maximum efficient utilization of
resources at the least economic cost to the public;provide assurance to the applicants of
development projects(1)that they may proceed with their projects in accordance with existing
policies,rules and regulations, subject to the conditions of approval of such projects and
provisions of such development agreements,and(2)encourage private participation in
comprehensive planning and reduce the private and public economic costs of development.
B. On November 23, 1982,the City,as a charter City,enacted Ordinance No.4377 on
November 23, 1982,which makes the City subject to the Development Agreement Statute(the
"Enabling Ordinance"),and adopted Resolution No. 82R-565 (the"Procedures Resolution"),
which establishes procedures and requirements for the consideration of development agreements.
C. Pursuant to that certain Purchase and Sale Agreement entered into by the Parties and dated
December 20,2019,as modified by a Letter of Understanding dated May 5,2020 at the request of
SRB,as modified by a letter dated May 29,2020,by a confirmation letter,dated June 15,2020,
from Seller,and as amended and restated by that certain Amended and Restated Purchase and
Sale Agreement of even date herewith;(as amended and restated,the"Purchase Agreement")
pursuant to which the City has agreed to sell to Developer, and Developer has agreed to purchase
from the City,the approximately 151 acres of land located at 2000 East Gene Autry Way and
2200 East Katella Boulevard in the City,which are currently improved with an approximately
45,000 seat stadium known as"Angel Stadium of Anaheim"("Angel Stadium"),an
approximately 1,700 person capacity performance venue located at known as"City National
Grove of Anaheim"(the"Grove"),and associated surface parking lots(collectively,the
"Property,"as more particularly defined in Exhibit A).
D. The City determined that sale and development of the Property in accordance with the Purchase
Agreement and this DDA will create an economic opportunity in accordance with Government
Code Section 52201,and that development of the Property in accordance with the policies and
requirements of the approved Platinum Triangle Master Land Use Plan("PTMLUP")and
Platinum Triangle Mixed Use("PTMU")Overlay Zone will create numerous public benefits
including,but not limited to(i)encouraging high density,mixed-use,office,restaurant,and
residential projects,(ii)creating a thriving economic center that provides residents,visitor and
employees with a variety of housing,employment,shopping and entertainment opportunities
accessible by arterial highways,transit systems and pedestrian promenades, and(iii)increasing
connectivity throughout the PTMU Overlay Zone to provide enhanced access to such community
amenities as the Santa Ana River Trail,ARTIC and public parks.
E. The Property has a long planning history dating back to 1996,when the City approved Area
Development Plan No. 120 after certifying Final Environmental Impact Report No.320,which
entitled a total of 119,543 seats for new and/or existing stadiums,750,000 square feet of urban
entertainment/retail uses,a 550,000 square foot(500-room)hotel,a 150,000 square foot
exhibition center,250,000 square feet of office development and 15,570 on-site parking spaces.
The Grove,a renovation of Angel Stadium,and the Stadium Gateway Office Building were
developed/renovated under Area Development Plan No. 120.
F. In 1999,the Anaheim City Council adopted the Anaheim Stadium Area Master Land Use Plan
(MLUP). The boundaries for the Anaheim Stadium Area MLUP were generally the same as those
for the Platinum Triangle,with the exception that the MLUP included 15 acres adjacent to I-5
that were not a part of the then-existing Platinum Triangle boundaries.As part of the approval
process for the Anaheim Stadium Area MLUP,the City Council certified FEIR No. 321 and
adopted Mitigation Monitoring Program No. 106. Development within the Anaheim Stadium
Area was implemented through the Sports Entertainment(SE)Overlay Zone,which permitted
current uses to continue or expand within the provisions of the existing zoning,while providing
increased land use intensity and development standards appropriate for sports,entertainment,
retail,and office uses. Implementation of the SE Overlay Zone was projected to result in a net
loss of industrial space and an increase in new office,retail and hotel space.
G. In 2004,to provide the implementation tools necessary to realize the City's new vision for the
Platinum Triangle,the City Council replaced the Anaheim Stadium Area MLUP with the
Platinum Triangle MLUP(PTMLUP),replaced the SE Overlay Zone with the Platinum Triangle
Mixed Use(PTMU)Overlay Zone,and approved associated zoning reclassifications.Ordinances
associated with the PTMU Overlay Zone and the approved zoning reclassifications became
effective September 23,2004. The City Council determined previously-certified EIR No. 330
(associated with the General Plan and Zoning Update Program)and the Updated and Modified
Mitigation Monitoring Program No. 106A,as being adequate to serve as the environmental
documentation for these actions.
H. In 2005,the City certified Final Subsequent Environmental Impact Report No. 332,adopting a
Statement of Findings of Fact,a Statement of Overriding Considerations and Updated and
Modified Mitigation Monitoring Program No. 106A to provide for the implementation of the
PTMLUP. The General Plan Amendment associated with FSEIR No. 332 increased the allowable
development intensity within the Platinum Triangle to 9,500 residential units; 5 million sf of
office uses;and 2,254,400 sf of commercial uses. SEIR No. 332 analyzed development of the
Project site with up to 1,750 residential units; 1,760,000 sf of office uses; 1,300,000 sf of
commercial uses, 119,543 seats in stadiums;and a 150,000 sf exhibition center.
I. In 2006,the City adopted the Platinum Triangle Implementation Plan to delineate roadway,
streetscape, landscape,sewer system,storm drain,water system,electrical system,improvements,
required sewer system improvements,and right of way acquisition required to support the
development envisioned by the PTMLUP,and in 2008,the property owners within the Platinum
Triangle approved Community Facilities District 08-1 (the"CFD")to comprehensively finance
infrastructure improvements necessary to serve the Platinum Triangle.
J. In 2010,the City Council approved the"Revised Platinum Triangle Expansion Project,"
including a General Plan Amendment,amendments to the PTMLUP, and the PTMU Overlay
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Zone and Zoning reclassifications to expand the boundaries of the PTMU Overlay Zone and
increase permitted residential,office,commercial and institutional development intensities within
the PTMU Overlay Zone after certifying SEIR No. 339,adopting Updated and Modified
Mitigation Monitoring Report Plan No. 106c,and adopting findings pursuant to Public Resources
Section 2108, including a Statement of Overriding Considerations.
K. Subsequent to the certification of SEIR No.339,the City Council has approved eight addenda to
SEIR No. 339,the approval of which also included approval of amendments to the General Plan,
PTMLUP and PTMU Overlay Zone,which modified the permitted development intensities
analyzed by SEIR No. 339. SEIR No. 339 and subsequent addenda analyzed,and the PTMLUP
and PTMU Overlay Zone,allow development of up to 5,175 residential units,2,832,300 square
feet of commercial uses,3,095,000 square feet of office uses, and 119,543 stadium seats on the
Property.
L. SEIR No.339 the subsequent addenda analyzed,and the PTMLUP and PTMU Overlay Zone
allow,development of up to 5,175 residential units,2,832,300 square feet of commercial uses,
3,095,000 square feet of office uses,and 119,543 stadium seats on the Property,also referred to
as Sub-Area A of the Stadium District of the PTMU Overlay Zone. A water supply assessment
prepared in accordance with Part 2.10(commencing with Section 10910)of Division 6 of the
Water Code was completed that concluded projected water supplies would meet demand,which
assessment was updated and verified in SEIR No.339 Addendum 6. In addition the City's 2015
Urban Water Management Plan,adopted June 14,2016 concluded that projected water supplied
would meet demands for such development.
M. Under the Purchase Agreement,the City's agreement to sell the Property is conditioned upon,
among other things,Developer's agreement,pursuant to a disposition and development
agreement,to develop the Property with a Project not to exceed the development intensities
authorized by PTMLUP and PTMU Overlay Zone.
N. The Project,as defined in this DDA,is within the development intensities authorized by
PTMLUP and the PTMU Overlay Zone and,pursuant to this DDA,the Project will incorporate
public amenities and benefits not required by the PTMLUP and PTMU Overlay Zone including
affordable housing and a Community Benefit Park consisting of approximately 7 acres in excess
of the PTMU Overlay Zone's requirement to provide 44 square feet of parkland for each dwelling
unit constructed on project sites over eight acres,all as further set forth herein.
O. Under the Purchase Agreement,Developer's agreement to buy the Property from the City is
conditioned upon,among other things,the City's agreement to enter a mutually acceptable
disposition and development agreement granting Developer the vested right to develop the
Property in accordance with the Project approved by the City through its Master Site Plan review
process and Existing Land Use Regulations(as defined herein).
P. The City has conditionally approved Developer's Master Site Plan for Development,which
allows flexibility in its implementation to enable Developer to respond to market demand and
conditions with continued City oversight,and to enable Developer to elect to retain the existing
Stadium or replace it with a Replacement Stadium(as defined by Section 1.41 of this DDA).
Q. This DDA memorializes the reciprocal responsibilities and obligations of the Parties regarding
the processing of the entitlements contemplated by the Purchase Agreement prior to the close of
escrow for Developer's acquisition of the Property,as well as the reciprocal responsibilities and
obligations of the Parties in the development of the Property with the Project after the close of
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escrow for Developer's acquisition of the Property. This DDA specifies the procedures to be
followed by the Parties in the development of the Property with the Project,and grants Developer
the vested right to develop the Property with the Project subject to compliance with the Master
Site Plan,the Existing Land Use Regulations(as defined herein),and this DDA, including the
Conditions of Approval.
R. On June 23,2020,as required by Section 1.0 of the Procedures Resolution,Developer submitted
to the Planning and Building Department an application for approval of this DDA(the
"Application").
S. On September 9,2020,as required by Section 65867 of the Development Agreement Statute and
Section 2.2 of the Procedures Resolution,the City Planning Commission of the City of Anaheim
("Planning Commission")held a public hearing on the Application.
T. On that date,the Planning Commission found,determined and recommended,pursuant to the
requirements of CEQA and based on certain findings,that the City Council approve and adopt a
Sustainable Communities Environmental Assessment(SCEA)(Public Resources Code(PRC)
Section 21155.2(b))based on an Infill Project Checklist(PRC Section 21094.5 and CEQA
Guidelines Section 15183.3,and Appendix M and N)together with the MMP 106D,and these
documents,collectively,are adequate to serve as the required environmental documentation for
this DDA and Master Site Plan. The SCEA identifies feasible mitigation measures which
mitigate or avoid the Project's significant effects on the environment,which mitigation measures
are contained in MMP 106D(the"SCEA Mitigation Measures",as defined in Section 1.43 of this
DDA),which mitigation monitoring plan and mitigation measures have been required as
conditions of Project approval.
U. The Planning Commission further found that this DDA meets the following standards set forth in
Section 2.3 of the Procedures Resolution,to wit,that:(a)the Project is consistent with the City's
existing General Plan,(b)the Project is compatible with the uses authorized in and the regulations
prescribed for the applicable zoning district,(c)the Project is compatible with the orderly
development of property in the surrounding area,(d)the Project is not otherwise detrimental to
the health,safety and general welfare of the citizens of the City of Anaheim, (e)the Project site is
physically suitable for the Project and density of development proposed by the Project,and(f)the
Project is not likely to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat. Based upon the aforesaid findings,the Planning .
Commission recommended that the City Council approve the Application and this DDA pursuant
to its Resolution No.
V. On September 17,2020,as required by Section 65867 of the Development Agreement Statute and
Section 3.1 of the Procedures Resolution,the City Clerk caused public notice to be given of the
City Council's intention to consider adoption of a development agreement and SCEA based on an
Infill Project Checklist.
W. On September 29,2020,as required by Section 65867 of the Development Agreement Statute and
Section 3.2 of the Procedures Resolution,the City Council held a public hearing on the
Application.
X. On that date,the City Council,after considering the requirements of CEQA and based on certain
findings,approved and adopted a SCEA based on an Infill Project Checklist together with the
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MMP 106D,and these documents.collectively,are adequate to serve as the required
environmental documentation for this DDA and Master Site Plan.'
Y. The Parties acknowledge that the Project is a high-density mixed-use project which includes
residential,office,commercial,retail,restaurant and stadium uses in proximity to one
another. This is a fundamental aspect of the applicable planning and zoning regulations for Sub-
Area A of the Stadium District of the PTMU Overlay Zone which govern development of the
Property. The Existing Land Use Regulations are designed to provide the ability to implement
the Project in a way that would allow the development of all these types of uses at the permitted
density and intensity in a compatible design.
Z. On[September 29,2020],the City Council found and determined that this DDA:(i)is consistent
with the City's existing General Plan;(ii)is not otherwise detrimental to the health,safety and
general welfare of the citizens of the City;(iii)is entered into pursuant to and constitutes a
present exercise of the City's police power; and(iv)is entered into pursuant to and in compliance
with the requirements of Section 65867 of the Development Agreement Statute and the
Procedures Resolution.
AA. On[September 29,2020],the City Council adopted the Authoring Ordinance. authorizing the
execution of this DDA.
NOW,THEREFORE,pursuant to the authority contained in the Development Agreement Statute,
as it applies to the City,and pursuant to the Enabling Ordinance,the Procedures,Resolution and the
City's inherent powers as a charter City,and pursuant to the mutual promises and covenants herein
contained and in the Purchase Agreement,the Parties hereto agree as follows:
SECTION 1. DEFINITIONS.
The following words and phrases are used as defined terms throughout this DDA, and each
defined term shall have the meaning set forth below.
1.1 Affiliate of Developer. "Affiliate of Developer"for purposes of this DDA means any
entity controlling,controlled by or under common control with SRB Management,LLC. The term
"control,"as used in the immediately preceding sentence,means,with respect to an entity,the right to
exercise at least 50%of the voting rights of the controlled entity.
1.2 Affordable Covenant. "Affordable Covenant"has the meaning set forth in Section 8.4.2.
1.3 Affordable Delivery Compensation. "Affordable Delivery Compensation"has the
meaning set forth in Section 8.4.4(b).
1.4 Angels Baseball. "Angels Baseball"means Angels Baseball LP or"ABLP",a California
limited partnership that is majority owned and operated by Moreno Baseball,L.P.,a California limited
partnership and the General Partner of ABLP,and Moreno Family Baseball,L.P.,a California limited
partnership and limited partner of ABLP.ABLP is a Major League Baseball("MLB")Franchise,subject
to the rules and regulations of MLB.
To be revised to conform to final CEQA determination.
5
1.5 Angels Commitment Agreement. "Angels Commitment Agreement"means that certain
agreement by and between the City and Angels Baseball dated
1.6 Assessment District. "Assessment District"for purposes of this DDA means a special
district,assessment district or benefit area existing pursuant to State law or the charter powers of the City
for purposes of financing the cost of public improvements,facilities,services and/or public facilities fees
within a distinct geographic area of the City.
1.7 Assumption Requirements. "Assumption Requirements" has the meaning set forth in
Section 11.1.2(a).
1.8 Authorizing Ordinance. "Authorizing Ordinance"means Ordinance No._approving
this DDA.
1.9 CFD. "CFD"has the meaning set forth in Recital I.
1.10 City. "City"means the City of Anaheim,a charter City and municipal corporation,duly
organized and existing under its charter and the Constitution and laws of the State of California.
1.11 Closing. "Closing"has the same meaning as the term"Closing"defined in Section 5 of
the Purchase Agreement.
1.12 Community Benefit Park . "Community Benefit Park" has the meaning set forth in
Section 8.5.
1.13 Conceptual Community Benefit Park Plans. "Conceptual Community Benefit Park
Plans"has the meaning set forth in Section 8.5.2(b).
1.14 Conditions of Approval. "Conditions of Approval"means those conditions to the City
Council's approval of this DDA,attached as Exhibit H.
1.15 DDA. "DDA"means this Disposition and Development Agreement and any subsequent
amendments to this DDA which have been made in compliance with the provisions of this DDA,the
Development Agreement Statute,the Enabling Ordinance,and the Procedures Resolution.
1.16 Default. "Default"has the meaning set forth in Section 18.1.
1.17 Develop/Development. "Develop"or"Development"means the development,
redevelopment, improvement and operation of the Property with the Project, including,without
limitation,demolition,remediation,site preparation,grading,the construction of infrastructure and public
facilities related to the Project(whether located within or outside of the Property),and the demolition,
construction, installation,operation,maintenance,repair,and replacement of structures,buildings,
landscaping,fixtures,furniture and equipment.
1.18 Developer. "Developer"means SRB Management,LLC,and any Person or entity with
which or into which SRB Management,LLC may merge,acquire or sell membership or partnership
interests through any agreement whereby all or a portion of the assets of SRB Management,LLC are sold
or combined with one or more new entities;provided that such Person or entity who is assigned and
assumes,or acquires,such membership or partnership interests or assets,provided that such Person or
entity is assigned and assumes of the rights or obligations of Developer under this DDA in accordance
with the provisions of Section 11 of this DDA.
6
1.19 Developer's Actual Park Costs. "Developer's Actual Park Costs"has the meaning set
forth in Section 8.5.5.
1.20 Development Agreement Statute. "Development Agreement Statute"means
Sections 65864 through 65869.5 of the California Government Code as it exists on the Effective Date.
1.21 Development Approvals. "Development Approvals"means all site specific plans,maps,
permits and other entitlements to develop and use,whether discretionary or ministerial,which are
approved or granted by the City in connection with development,construction,use or operation of real
property within the City and are necessary or desirable for Development of the Project,including,but not
limited to:master site plans,final site plans,development agreements,tentative and final subdivision
maps,vesting tentative tract maps,parcel maps,vesting parcel maps,variances,conditional use permits,
demolition,grading,building and other similar permits,temporary and permanent certificates of
occupancy required or granted under the Existing Land Use Regulations. To the extent that the processes
for,or substantive provisions of,Development Approvals under the Existing Land Use Regulations are
amended subsequent to the Effective Date of this DDA,"Development Approvals"shall include,if
Developer and the City mutually agree in writing,such Development Approvals as so amended. If this
DDA is required by law to be amended in order for"Development Approvals"to include any such
amendments,"Development Approvals"shall not include such amendments unless and until this DDA is
so amended.
1.22 Effective Date. "Effective Date"means the latest of(i)the date of recordation in the
Orange County Clerk-Recorder Department of this DDA or(ii)the effective date of the Authorizing
Ordinance.
1.23 Enabling Ordinance. "Enabling Ordinance"is defined in Recital B.
1.24 Exactions. "Exactions"means all exactions,costs,fees,application and processing fees,
in-lieu fees or payments,charges,assessments,dedications,and other monetary or non-monetary
conditions,requirements,mitigation measures or impositions imposed or charged by the City(or by the
City through an Assessment District or similar entity)in connection with the Development or operation of
real property,including,without limitation,transportation improvement fees,park fees,child care in-lieu
fees,art fees,affordable housing fees, impact fees, in-lieu fees, infrastructure fees,dedication or
reservation requirements,facility fees,service fees, sewer fees,water connection fees,building permit
and inspection fees,or obligations for on-or off-site improvements or construction requirements for
Public Improvements and Facilities.
1.25 Existing Land Use Regulations. "Existing Land Use Regulations"means all ordinances,
rules procedures and regulations adopted by the City and in effect on the Effective Date governing the
permitted use,density,design,engineering,improvement,construction standards and specifications of
real property, including,without limitation,those contained in or provided by:(a)the City's General
Plan;(b)the City's Municipal Code;(c)the PTMLUP;(d)the PTMU Overlay Zone(with such
modifications approved pursuant to Section 7.8 herein); and(e)all other ordinances and regulations of the
City establishing subdivision standards,park regulations,and building and improvement standards(but
only to the extent the Zoning Ordinance and such other regulations are not inconsistent with this DDA).
All references in this DDA to such ordinances,rules,procedures and regulations are to those in effect on
the Effective Date. For the avoidance of doubt,notwithstanding any other provision of this DDA,the
uses,standards,procedures and requirements of Chapter 18.20 of the Anaheim Municipal Code(the
PTMU Overlay Zone),rather than those of Chapter 18.14(pertaining to publicly-owned property in the
Public Recreation Zone), shall apply to Development of the Project and Project Uses.
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1.26 Existing Stadium. "Existing Stadium"means that certain existing stadium located at the
Property containing approximately 45,000 seats known as"Angel Stadium of Anaheim."
1.27 Master Site Plan. "Master Site Plan"means that certain Master Site Plan for the Project
(MIS2020-00744)approved by the Director of Planning,attached hereto as Exhibit B and subject to the
Conditions of Approval.
1.28 Mortgage. "Mortgage"means a mortgage or deed of trust,or other transaction,in which
the Property,or a portion thereof or an interest therein,or any improvements thereon, is conveyed or
pledged as security,contracted in good faith and for fair value,or a sale and leaseback arrangement in
which the Property,or a portion thereof or an interest therein,or improvements thereon,is sold and leased
back concurrently therewith in good faith and for fair value..
1.29 Mortgagee. "Mortgagee"means the holder of the beneficial interest under a Mortgage,
or the owner of the Property,or interest therein,under a Mortgage.
1.30 Notice of Default. "Notice of Default"has the meaning set forth in Section 18.2.
1.31 Park Management Plan. "Park Management Plan"has the meaning set forth in Section
8.5.4.
1.32 Person. "Person"means an individual,partnership, firm,association,corporation,trust,
governmental agency,administrative tribunal or other form of business or legal entity.
1.33 Platinum Triangle. "Platinum Triangle"means that portion of the City generally
described in the PTMLUP.
1.34 Procedures Resolution. "Procedures Resolution"is defined in Recital B.
1.35 Project. "Project"means the Development of the Property with 5,175 dwelling units
(including Lower and Very Low Income Units as provided in Section 8.4);2,700,000 square feet of office
uses; 1,750,000 feet of commercial uses(including 943 hotel rooms);Retention of the Existing Stadium
(with the potential for the Existing Stadium to be replaced by the Replacement Stadium); a Community
Benefit Park;Mini-Parks; a roadway network;landscaping;pedestrian improvements and amenities;
signage;associated surface, structured,and subterranean parking;and onsite and offsite infrastructure
required to serve the Project.
1.36 Project Traffic Study. "Project Traffic Study"means the traffic study processed and
approved in accordance with Section 7.2.2.
1.37 Project Uses. "Project Uses"means all uses permitted,or which may be permitted,for
the Property as provided in Section 18.20.030 of the PTMU Overlay Zone of the Existing Land Use
Regulations.
1.38 Project Vesting Tentative Tract Map. "Project Vesting Tentative Tract Map"has the
meaning set forth in Section 7.2.1.
1.39 Property. "Property"means that certain real property,and any portion thereof,shown
and described on Exhibit A to this DDA.
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1.40 Public Improvements and Facilities. "Public Improvements and Facilities"means
improvements and facilities required to comply with Existing Land Use Regulations,this DDA,the
SCEA Mitigation Measures,or CEQA,which the Developer will irrevocably offer for dedication to the
City.
1.41 Remedial Plan. "Remedial Plan"has the meaning set forth in Section 8.4.4(a).
1.42 Replacement Stadium. "Replacement Stadium"means a new stadium,not to exceed
45,000 seats in capacity,not to exceed the square footage of the Existing Stadium,with the same general
features,facilities,advertising,signage,amenities and services as the Existing Stadium,which may be
constructed by Developer to replace the Existing Stadium.
1.43 SCEA. "SCEA"means Stadium District Sub-Area A Project Sustainable Communities
Environmental Assessment Development Project No.2020-00127 approved by the City accordance with
Public Resources Code Section 21155.2 and the SCEA Mitigation Measures adopted in connection with
its approval by the City.
1.44 SCEA Mitigation Measures. "SCEA Mitigation Measures"means the mitigation
measures identified in the Updated and Modified Mitigation Monitoring Program No. 106D adopted by
the City and attached hereto as Exhibit C.
1.45 Stadium . "Stadium"means Angel Stadium of Anaheim.
1.46 Stadium Lease. "Stadium Lease"means that certain Amended and Restated Lease
Agreement,dated as of May 15, 1996,between Seller and Angels Baseball(as successor in interest),as
amended by that certain First Amendment to Amended and Restated Lease Agreement,dated as of
September 4,2013,and by that certain Second Amendment to Amended and Restated Lease Agreement,
dated January 18,2019.
1.47 Term. "Term"has the meaning set forth in Section 2.
1.48 Transfer. "Transfer"has the meaning set forth in Section 11.1.2.
1.49 Zoning Code. "Zoning Code"refers to Title 18 of the Anaheim Municipal Code.
SECTION 2. TERM.
2.1 Tenn. The term("Term")of this DDA shall commence on the Effective Date and shall
extend through the Term of the Angels Commitment Agreement(including any duly exercised options to
extend such Term);provided,however,that notwithstanding any other provision of this DDA,in no event
shall the Term extend beyond fifty-five(55)years from the Effective Date. Following expiration of the
Term,this DDA shall be deemed terminated and of no further force and effect,except for any provisions
which,by their express terms,survive the expiration or termination of this DDA. A termination of this
DDA by City due to the Default or material breach of its terms by Developer will not result in or permit a
termination of the Angels Commitment Agreement.
2.1.1 The Term shall automatically be extended for a reasonable period to enable the
Development of Project Uses for which final site plans have been approved prior to the expiration of the
Term and plans sufficient for a plan check have been submitted to the City.
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2.1.2 The Term of this DDA shall be automatically extended for the number of days
equal to the number of days of each of the following circumstances,should the same occur:(a)during the
pendency any litigation pertaining to validity of this DDA,or any portion hereof;(b)during the pendency
of any litigation pertaining to the rights and responsibilities of the Parties hereunder;and(c)during
pendency of any proceedings initiated by either Party under Section 17.3 or Section 18 hereof.
2.1.3 This DDA shall terminate and be of no force and effect upon the occurrence of
the entry of a final judgment or issuance of a final order directing the City to set aside its approval of this
DDA in its entirety issued by a court of competent jurisdiction in a lawsuit filed within the statute of
limitations provided by Government Code Section 65009(c)for challenging the City's approval of this
DDA,and provided that all appeals have been exhausted and such judgment or final order is not subject
to further judicial review.
2.2 Automatic Termination Upon Completion and Sale of Residential Lot. This DDA shall
automatically be terminated,without any further action by either party or need to record any additional
document,with respect to any for-sale dwelling unit(and the lot,parcel,or airspace lot or airspace parcel
in which such dwelling unit is located)upon completion of construction and issuance by the City of a
final certificate of occupancy for such dwelling unit, and conveyance and occupancy of such dwelling
unit to a bona-fide good-faith purchaser(e.g., individual homeowner or end-user).Termination of this
DDA with respect to such dwelling unit shall not in any way be construed to terminate or modify any
Affordable Covenant affecting such dwelling unit recorded pursuant to Section 8.4. Upon Developer's
request,the City shall cooperate in the timely delivery and recordation of such documents as are
reasonably necessary to confirm such termination for title insurance purposes,and to remove this DDA
from title of such dwelling unit(and the lot,parcel,or airspace lot in which such dwelling unit is located).
2.3 Automatic Termination in the Event Developer's Acquisition of the Property is not
Completed. Developer,as"Buyer"under the Purchase Agreement,has a legal or equitable interest in the
Property. However, if the Purchase Agreement is terminated and the transaction contemplated by
Purchase Agreement is not consummated,this DDA shall be automatically terminated,and shall be of no
further force or effect. Furthermore,notwithstanding Developer's right to process and receive
Development Approvals in accordance with Section 7 of this DDA prior to the Closing under the
Purchase Agreement,no construction based on Development Approvals issued pursuant to this DDA
shall take place prior to the Closing under the Purchase Agreement.
SECTION 3. BENEFITS TO CITY.
The City acknowledges that Developer's agreements hereunder are good and adequate
consideration for the City's agreements hereunder, including without limitation,the vested rights granted
hereby to develop the Project and Project Uses in accordance with this DDA and the Existing Land Use
Regulations. The direct and indirect benefits the City expects to receive pursuant to this DDA include,
but are not limited to(a)the creation of an economic opportunity in accordance with Government Code
Section 52201;(b)the participation of Developer in the coordinated and more economic construction,
funding and dedication to the public of certain of the needed on-site and area-wide Public Improvements
and Facilities in order to encourage development of the Platinum Triangle in accordance with the
PTMLUP;(c)additional public benefits in the development of the Project over and above conditions
necessary to comply with the Existing Land Use Regulations and conditions necessary to mitigate the
Project's potential environmental impacts;(d)assurances that the Property's Development will comply
with the Master Site Plan and this DDA;(e)performance of the obligations and delivery of the public
benefits set forth in Section 8 of this DDA;(f)the Developer's assumption of the Stadium Lease;and
(g)Angels Baseball's agreement to play its home games at the Property as provided in and during the
Term of the Commitment Agreement.
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SECTION 4. BENEFITS TO DEVELOPER.
Developer acknowledges that the City's agreements hereunder are good and adequate
consideration for Developer's agreements hereunder. The direct and indirect benefits the Developer
expects to receive pursuant to this DDA include,but are not limited to,the vested rights to develop the
Property with the Project and Project Uses in accordance with this DDA,which vested rights provide
Developer with the certainty necessary to continue to pursue its acquisition of the Property in accordance
with the Purchase Agreement,and support the investment and expenditure of the large amount of time
and money necessary to deliver the Commitment Agreement to the City,and to develop the Project.
Developer would not have taken and would not take such actions,and would not have made and would
not make such investments or expenditures,in the absence of the commitments and agreements of the
City pursuant to this DDA.
SECTION 5. BINDING COVENANTS.
The provisions of this DDA to the extent permitted by law shall constitute covenants which shall
run with the Property for the benefit and to the burden thereof,and the benefits of this DDA shall bind
and inure to the benefit of the Parties and all successors in interest to the Parties hereto. The mutual
undertakings and assurances described above and provided for in this DDA are for the benefit of the City
and Developer and promote the comprehensive planning,private and public cooperation and participation
in the provision of public facilities,and the effective and efficient development of infrastructure and
facilities supporting development which was contemplated and promoted by the Development Agreement
Statute.
SECTION 6. VESTED DEVELOPMENT RIGHTS.
6.1 Generally. Developer shall have the vested right(i)to continue to maintain the Property
in accordance with the Stadium Lease(including,without limitation,the right to make repairs,
replacements,alterations,additions and capital improvements to the Existing Stadium;(ii)develop the
Property with the Project and the Project Uses,with each Project Use having the maximum density and
intensity,with buildings and structures having the maximum height, size,and number of units in
accordance with the Existing Land Use Regulations and this DDA;(iii)to receive from the City,and
utilize,all Development Approvals necessary,desirable,or requested by Developer in furtherance of
Developer's vested rights pursuant to subsections(i)and(ii)of this Section 6.1;and(iv)to complete
Development of the Property with the Project and operate the Property in accordance with Developer's
vested rights pursuant to subsections(i-ii)of this Section 6.1. Notwithstanding the foregoing,nothing in
this DDA shall obligate Developer: (a)to Develop the Project to its maximum density and intensity,with
buildings and structures having the maximum height,size,and number of units permitted hereunder;
(b)to Develop a Replacement Stadium;or(c)or to Develop any Project feature, structure,use,or
infrastructure during the Term hereof except as expressly required by this DDA. The City shall not take
any action,or delay taking any action to frustrate or circumvent Developer's rights hereunder,or impose
conditions on,the Project or Project Uses that are not consistent with this DDA,whether such action is
taken or enacted by the City Council or by the electorate.This DDA is hereby deemed to satisfy the
requirement for development agreements for Development of the Project provided in
Section 18.20.200.020 of the PTMU Overlay Zone,and no further development agreements shall be
required for Development of the Project or Project Uses.
6.2 f Intentionally Omitted.
6.3 No Conflicting Laws. The City agrees that except as expressly provided in this DDA,
this DDA vests Development of the Project against the application of subsequent City resolutions,
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ordinances,initiatives,rules,regulations, or orders(whether enacted by the City Council or by the
electorate)that directly or indirectly require or limit the rate,timing,sequencing of Development of the
Project,or that conflict with vested rights granted hereunder,and that the City shall not apply any
resolution,ordinance,initiative,rule,regulation,or order that directly or indirectly requires or limits the
rate,timing, sequencing of Development of the Project,or that conflicts with vested rights granted
hereunder.
SECTION 7. DEVELOPMENT APPROVALS.
7.1 Master Site Plan. The Parties acknowledge and agree that,other than as expressly
provided in this DDA,Development will be determined in the sole discretion of Developer in response to
market conditions and demand for Project Uses. Accordingly,the precise location and design of specific
uses within the Project site will be determined through future site-specific applications for Development
Approvals. Provided,however,that the Parties acknowledge and agree that the Master Site Plan assumes
that Project Uses at buildout will be distributed across the Project site consistent with the general
distribution analyzed in the Revised Platinum Triangle Expansion Project Draft Traffic Study approved
by the City in Appendix B of Revised Platinum Triangle Expansion Project Final Subsequent
Environmental Impact Report No.339 and the LT Platinum Center Traffic Study,LSA,August 2016
(Appendix E to Addendum No.6 to Revised Platinum Triangle Expansion Project Final Subsequent
Environmental Impact Report No. 339),defined herein as the"Platinum Triangle Expansion Traffic
Study").
7.2 Project Vesting Tentative Tract Map.
7.2.1 Project Vesting Tentative Tract Map Submission and Processing. Developer
shall apply for the City's approval of a Vesting Tentative Tract Map for the subdivision and Development
of the Property with the Project(the"Project Vesting Tentative Tract Map")no later than March 31,
2021. The City agrees to cooperate in good faith with Developer in the processing of the Project Vesting
Tentative Tract Map and its design and improvement requirements. The City shall process and act upon
Developer's Project Vesting Tentative Tract Map in accordance with the Existing Land Use Regulations,
State law and this DDA.
a. Relationship to Master Site Plan. The Project Vesting Tentative Tract
Map shall be substantially consistent with the Master Site Plan,but may refine the design of the Project
from the Master Site Plan,including the internal road alignments,provided that such adjustments do not
result in conflicts in traffic flow assumptions in the Platinum Triangle Expansion Traffic Study and the
Project Traffic Study. The number of lots proposed shall not be limited;provided that all proposed lots
shall comply with the requirements of the Existing Land Use Regulations.
b. Distribution of Project Uses. Developer shall submit,with the
application for the Project Vesting Tentative Tract Map and in conjunction with the Project Traffic
Study,a distribution of Project Uses across the Project site at build-out substantially consistent with the
general distribution in the Platinum Triangle Expansion Traffic Study,and identify the general
Development distribution,densities and intensities necessary for the determination of required
infrastructure.
c. Internal Roadways. Proposed internal roadways shall be private streets
and shall be sized and configured to anticipated traffic volumes at build-out,with capacity to the
satisfaction of the City Traffic Engineer for the arrival and departure of Stadium event traffic; and
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d. Utilities. Proposed utilities shall be sized and configured to serve Project
Uses at build-out.
7.2.2 Project Traffic Study.
a. In conjunction with its application for the Project Vesting Tentative Tract
Map,Developer shall submit a traffic study and improvement phasing analyses("Project Traffic Study")
as required by and consistent with the standards in the SCEA Mitigation Measures,in particular MM 9-6
—9-10,for City review and approval. For the purposes of this DDA,the traffic improvements identified
in the Project Traffic Study are defined as the"Project Traffic Improvements".
b. The Developer shall be responsible for the costs of design and
construction of the Project Traffic Improvements as follows:(i)The Developer shall be responsible for
the costs of design and construction of all on-site Project Traffic Improvements;(ii)For off-site Project
Traffic Improvements, if the distribution of uses on the Project site is consistent with the assumptions in
the Platinum Triangle Expansion Traffic Study,then Developer only shall be responsible for the costs of
design and construction of the off-site Project Traffic Improvements which are identified in the Platinum
Triangle Expansion Traffic Study(as shown in the Roadway Improvements in the Platinum Triangle
Implementation Plan)and/or the City General Plan Circulation Element. Except as may be required in
the circumstances described in Sections 7.2.2(c)and 7.2.2(d),the City shall not require Developer to
construct any other off-site traffic or circulation improvements in connection with the Development of the
Project or the Project Uses.
c. If the distribution of uses on the Project site in the Project Vesting
Tentative Tract Map,a final site plan or other future Development Approval is not consistent with the
assumptions of the Platinum Triangle Expansion Traffic Study,Developer shall provide a Project Traffic
Study that identifies additional or alternative Project Traffic Improvements necessary to maintain
satisfactory levels of service. In such case,Developer shall be responsible for the cost of design and
construction of:(i)all on-site Project Traffic Improvements;and(ii)the off-site Project Traffic
Improvements identified in the Platinum Triangle Expansion Traffic Study(as shown in the Roadway
Improvements in the Platinum Triangle Implementation Plan),the City General Plan Circulation Element,
and any additional improvements identified in the Project Traffic Study relating to the following roadway
segments adjacent to the Project site:Katella Avenue between State College Blvd and Douglass Rd; State
College Blvd between Katella Ave and Orangewood Ave;Orangewood Ave between State College Blvd
and SR-57 Ramps;and Douglass Rd from Katella Avenue to the Stadium Property(collectively,
"Adjacent Street Improvements").The City shall be responsible for paying or establishing a program for
payment of any off-site Project Traffic Improvements in the City street right of way which are not
identified in the Platinum Triangle Expansion Traffic Study and/or the City General Plan Circulation
Element or are not Adjacent Street Improvements. In the event a Project Traffic Study is required
pursuant to this Section 7.2.2(c),any claim by another governmental authority or agency regarding
additional traffic improvements shall not be the responsibility of the City,however the City will
reasonably cooperate in responding to such matters.
d. In the event that,as the Project is implemented after approval of the
VTTM,the Developer submits a final site plan with Development or distribution of uses that materially
differs from that analyzed in the approved Project Traffic Study described in this section,Developer shall
provide an updated Project Traffic Study prepared in accordance with the standards and methodologies of
Platinum Triangle Expansion Traffic Study. Such updated Project Traffic Study shall identify additional
or alternative Project Traffic Improvements in order to maintain the satisfactory levels of service
consistent with the requirements of the SCEA Mitigation Measures, in particular MMs 9-6—9-10. Upon
the City Traffic Engineer's approval, such updated Project Traffic Study may supplement and/or modify
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the requirements in the original Project Traffic Study. In the event a Project Traffic Study is required
pursuant to this Section 7.2.2.d,any claim by another governmental authority or agency regarding
additional traffic improvements shall not be the responsibility of the City,however the City will
reasonably cooperate in responding to such matters.
7.2.3 Infrastructure Plan. In conjunction with its application for the Project Vesting
Tentative Tract Map,Developer shall submit for City review and approval an Infrastructure Plan in
accordance with Sections 8.2, 8.3, 8.7 and 8.8 of this DDA.
7.2.4 Affordable Housing Implementation Plan. Prior to approval of the Project
Vesting Tentative Tract Map,Developer shall submit a proposed standardized Affordable Housing
Implementation Plan,which shall be subject to the reasonable approval of the City Manager. The
Affordable Housing Implementation Plan shall specify how the owner/operator of housing projects
containing affordable units required by Section 8.4 of this DDA shall review the qualifications of
prospective and continuing tenants of affordable units,and how the owner/operator shall report the same
information to the City.
7.2.5 Term of Project Vesting Tentative Tract Map. The term of the Project Vesting
Tentative Tract Map shall be equal to the Term of this DDA(as may be extended pursuant to Section 2 of
this DDA).
7.2.6 Phased Map Recordation. The Project Vesting Tentative Tract Map may be
recorded in one or more phases,as permitted pursuant to the Subdivision Map Act.
7.3 Processing of Development Approvals for Project Uses.
7.3.1 The City shall accept,cooperate in and timely process all applications for
Development Approvals for the Project and Project Uses requested by Developer that are necessary,
desirable,or requested by Developer for Development of the Project and Project Uses in accordance with
the Existing Land Use Regulations,the SCEA Mitigation Measures, State law and this DDA. The City
shall exercise its discretion in the review of such Development Approvals in a manner that complies and
is consistent with the Master Site Plan,this DDA,the SCEA Mitigation Measures,the Existing Land Use
Regulations,and State law. Provided that (i)each Project Use complies with all Existing Land Use
Regulations, SCEA Mitigation Measures,this DDA,and applicable State law and(ii)the City makes all
the required approval findings under the Existing Land Use Regulations and State law applicable for each
Development Approval,then each Project Use(or building, as appropriate):
a. Shall be permitted the maximum height authorized by the Existing Land
Use Regulations and this DDA;
b. Shall be permitted the maximum site coverage authorized by the Existing
Land Use Regulations and this DDA;
c. Shall be permitted the maximum number of residential units authorized
by the Existing Land Use Regulations and this DDA;
d. Shall be permitted the maximum floor area authorized by the Existing
Land Use Regulations and this DDA;
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e. Shall not be required to provide greater structural setbacks than required
by the Existing Land Use Regulations and shall be permitted the encroachments into required setbacks
authorized by the Existing Land Use Regulations;and
f. Shall not be required to provide more parking than required by the
Existing Land Use Regulations and this DDA.
7.3.2 Development Objectives. The Parties acknowledge that compliance of the
proposed Development with the Existing Land Use Regulations,this DDA,the SCEA Mitigation
Measures and State law is anticipated to provide Development that(i)is physically suitable with the type
of development allowed on the Property;(ii)is physically suitable with the proposed density of
development allowed on the Property;(iii)is not expected to interfere with the enjoyment of neighboring
existing or future uses on the Property;(iv)is likely compatible with the surrounding neighborhood on the
Property;and(v)is expected not to be materially injurious to the properties or improvements on the
Property. Notwithstanding the foregoing,the City retains its full discretion for its review and
consideration of any application for Development.
7.3.3 Expediting. To the extent feasible,the City shall expedite all requests by
Developer during the Development Approval and Development process,provided Developer shall bear
any cost of such expedited review, including any temporary supplemental consultants required to be
retained by the City. To the extent practical,Developer shall supply to the City,as part of its Annual
Review,a list of Development Approvals which Developer reasonably anticipates will be requested
during that year with respect to the Project. The list of actions shall be utilized to provide advance notice
to the City of all upcoming applications for Development Approvals.
7.3.4 Environmental Review. The City has conducted extensive environmental review
of the Development proposed by the Project,including but not limited to,the certification of SEIR No.
339,adopting Updated and Modified Mitigation Monitoring Report Plan No. 106c,and adopting findings
pursuant to Public Resources Section 21081,including a Statement of Overriding Considerations.
Subsequent to the certification of SEIR No.339,the City Council approved eight addenda to SEIR No.
339,the approval of which also included approval of amendments to the General Plan,PTMLUP and
PTMU Overlay Zone to allow more Development than proposed by the Project. In connection with its
review of the Project and the Master Site Plan for the Project,the City will consider in good faith any
concerns the Developer raises about duplicative future CEQA review in connection with future
Development Approvals to implement the Project.
7.4 Exactions. Except as expressly provided in this DDA,no Exaction shall be imposed
upon the Project or Development Approvals unless such Exaction is(a)authorized by the Existing Land
Use Regulations or the SCEA Mitigation Measures,and(b)not in conflict with the provisions of this
DDA. The City shall not,without the prior written consent of Developer,which may be withheld in
Developer's sole and absolute discretion,impose any further or additional Exactions on the Development
of the Project. Subject to Section 9.4,no economic or non-monetary participation in the Existing Stadium
or Replacement Stadium,or its operation,shall be required by the City as a condition of any Development
Approval for the Existing Stadium or the Replacement Stadium. Exactions required to be paid by
Developer shall be paid at the rates in existence at the time said fees,taxes and assessments are normally
required to be paid to the City,except as otherwise provided in this DDA or the Project Vesting Tentative
Tract Map. Notwithstanding the foregoing,Developer hereby agrees to pay the following fees,which
have not been adopted as part of the Existing Land Use Regulations as of the Effective Date of this DDA:
(1)an Electrical Utilities Undergrounding Fee;(2)a processing fee attributable to the fair-share cost of
creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for the Platinum
Triangle,as well as the costs of associated environmental documentation,as said additional costs;and
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(3)a Library Facilities Fee;all as set forth in Exhibit D. Nothing in this DDA shall prohibit the City's
imposition of new or alternative Exactions(i)in the event that the Project requires new or alternative
mitigation measures to the extent required by CEQA;or(ii)that are necessary as conditions of approval
in Development Approvals consistent with the Existing Land Use Regulations or State law.
7.5 Replacement Stadium. Vested rights under this DDA include(but are not limited to)the
right—but not the obligation—to construct,maintain and operate a Replacement Stadium at the Property.
If Developer proposes to construct a Replacement Stadium,applications for necessary and desirable
Development Approvals(including,but not limited to,a conditional use permit)based on the proposed
design and operational characteristics of the Replacement Stadium shall be processed by the City in
accordance with Section 7.3 of this DDA.
7.6 Taxes. This Agreement shall not limit the City's right and power to impose taxes on the
Property or Project provided that any taxes imposed are adopted pursuant to all applicable laws and that
said tax qualifies as a City-Wide Tax. For the purposes of this Section 7.6,a"City-Wide Tax"means a
general or special tax generally applicable to a category of development or use of one or more kinds,
wherever the same may be located in the City, including but not limited to,a general or special tax
adopted in accordance with California Const,Art XIII C and D et seq.(otherwise known as Proposition
218);provided,however,that a general or special tax which only applies to or impacts the Project
(including the Existing Stadium or Replacement Stadium)shall not be considered a City-Wide Tax.
7.7 Stadium Event Traffic and Parking Management. The Parties acknowledge and agree
that Stadium event traffic is an existing condition,and that site conditions will change and evolve over
time as Project implementation transforms the Property from its current condition as a large surface
parking lot supporting the Existing Stadium and other existing uses to the built-out condition of the
Project. In addition,the Parties acknowledge and agree that the Project is located in a High Quality
Transit Area as defined by the Southern California Association of Governments and is an Infill Project
located a Transit Priority Area as defined CEQA,that the Parties share the mutual objective of
encouraging the use of public transportation,and that Stadium patron transportation preferences and
reliance on private automobile transportation may change over time. Accordingly,the Parties agree that
Stadium event traffic and the parking will need to be managed in a responsive manner as follows:
7.7.1 Stadium Event Traffic Management Plan.In conjunction with the first
application for final site plan approval(AMC Section 18.20.200.010)for any Project Uses,or if submitted
in lieu of an application for final site plan approval for any project an application for Master Site Plan
Approval(AMC Section 18.20.200.0101)for any project,Developer shall submit an Event Traffic
Management Plan to the satisfaction and subject to the approval of the City Traffic Engineer. As
Development of the Project progresses,the Event Traffic Management plan shall be updated to the
satisfaction and subject to the approval of the City Traffic Engineer in conjunction with each subsequent
application for final site plan approval including but not limited to any Project-altering site circulation.
7.7.2 Stadium Parking.
a. Developer shall maintain twelve thousand five hundred(12,500)surface
parking spaces to serve the Existing Stadium(or the Replacement Stadium,if constructed)through
December 31,2029;provided,however,that in the event Developer undertakes construction of Project
Uses prior to that time,Developer may temporarily reduce the amount of such parking to ten thousand
(10,000)surface and/or structured parking spaces(which may be shared with other existing uses at the
Property). Such parking may also be shared with Project Uses provided that approval is obtained in
accordance with the Existing Land Use Regulations. Reduced parking shall be replaced(in any
combination of surface,structured,and shared parking spaces)except to the extent that a parking demand
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study prepared in accordance with the most recent Parking Generation Manual of the Institute of
Transportation Engineers demonstrates to the satisfaction of the City Planning Commission that
sufficient parking is or will be provided at the Project site taking into account the Developer's
Transportation Demand Management Program,public transit service,customer transportation preferences
and habits,shared parking for Stadium events located in Stadium District Sub Area A.
b. Beginning January 1,2030,the number of parking spaces required to
serve the Existing Stadium(or the Replacement Stadium, if constructed),may be reduced from the
amount provided prior to such date as follows: In conjunction with each application for final site plan
approval(AMC Section 18.20.200.010),the Applicant shall demonstrate that sufficient parking to serve
Stadium events will continue to be available upon completion of the subject project. Such parking may be
provided in any combination of surface,structured, and shared parking with other non-Stadium
Development based upon a parking demand study prepared in accordance with the most recent Parking
Generation Manual of the Institute of Transportation Engineers which demonstrates to the satisfaction of
the City Planning Commission that sufficient parking is or will be provided at the Project site taking into
account the Developer's Transportation Demand Management Program,public transit service,customer
transportation preferences and habits, shared parking for Stadium events located in Stadium District Sub
Area A,and parking available to the public for Stadium events located within 1/2 mile of Stadium District
Sub Area A. The City and Development agree to use good faith efforts to establish a mutually acceptable
metric for the sufficiency of stadium parking prior to the review of the Project Vesting Tentative Tract
Map,which will then guide the City Planning Commission pursuant to this Section 7.7.
7.8 Modification of Development Standards. During the Term of this DDA,Developer may
request modifications to the development standards of the PTMU Overlay Zone as applied to the Property
and the Project in accordance with Anaheim Municipal Code 18.20.190.010. In the event,and to the
extent that, such modification requests are approved by the City Council(following required
recommendation from Planning Commission), such approved modifications shall be deemed Existing
Land Use Regulations which the City Manager shall implement pursuant to Section 22.25 of this DDA.
7.9 Public Realm Plan. Prior to the approval of the first final site plan for the Project,a
comprehensive plan for the design,landscaping,signage and lighting of the Project's private streets shall
be submitted for review and approval by the Planning&Building Director and Director of Public Works,
which approval shall not unreasonably withheld or delayed(the"Public Realm Plan"). The Public Realm
Plan may be updated and modified from time to time with the prior approval of the Planning&Building
Director and Director of Public Works,which shall not be unreasonably withheld or delayed.
7.10 Maximum Height. The Parties agree that notwithstanding the Existing Land Use
Regulations which specify that the maximum structural height of buildings in the Stadium District is
"Unlimited,"the maximum structural height of Project structures shall not exceed five hundred(500)feet.
SECTION 8. PUBLIC DEDICATIONS. IMPROVEMENTS AND AFFORDABLE HOUSING.
8.1 Dedications. Developer shall irrevocably offer for dedication the rights-of-way, in
accordance with the conditions of the Project Vesting Tentative Tract Map,the Existing Land Use
Regulations,the SCEA Mitigation Measures and,as applicable,this DDA. These dedications shall be in
fee or as an easement at the discretion of the City,and upon completion and acceptance by the City of the
associated improvements in compliance with the specifications of such Project Vesting Tentative Tract
Map,the City shall accept Developer's offer of dedication.
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8.2 Regional Storm Drain.
a. Alignment and Planning. The Parties acknowledge and agree that it is in
both Parties' interest to address regional flood mitigation efforts in a manner that will facilitate
development within the Platinum Triangle and specifically within the Property, and that the City's plan to
implement a regional storm drain("Regional Storm Drain")is intended to achieve this objective.
Because a portion of the Regional Storm Drain will transverse the Property,the Parties have worked
collaboratively to identify a preferred alignment as depicted on Exhibit E(the"Preferred Alignment")that
is intended to avoid interference with Developer's potential Development of a Replacement Stadium and
a preferred hotel in the northeast region of the Property,and that is generally intended to reduce potential
impact to Developer's Project Uses by placing the Preferred Alignment within roadways,fire lines and
other areas not anticipated for vertical development. Currently,the right-of-way required for the Regional
Storm Drain provides for a 1:1 excavation from the bottom of the channel on either side of the limits of
the Preferred Alignment.Notwithstanding the foregoing,the Parties intend to continue to work
collaboratively to refine potential engineering solutions for the Regional Storm Drain to reduce the
overall"footprint"of the Regional Storm Drain on the Property,including seeking ways to reduce the
size of the Regional Storm Drain and the associated right-of-way required for construction and
maintenance. Such alternative solutions may include seeking off-site retention capability and/or using
underground detention/infiltration solutions under the Community Benefit Park(an"Underground
Solution"),or in other ways incorporating a solution into park amenity areas;provided that in no event
will the alignment or the engineering solution materially deviate from that shown on Exhibit E without
the Parties' mutual agreement. If alternative solutions would increase total costs for construction of the
Regional Storm Drain, in no event shall such solutions be adopted by the City without Developer's
consent.
b. Construction;Easements. Developer is responsible for constructing the
Regional Storm Drain system within and to the edge of the Property;the City is responsible for
constructing the Regional Storm Drain outside of the Property. The City shall also be responsible for
obtaining any required easements and permits from BNSF Railway Company and the Orange County
Flood Control District for construction of the Regional Storm Drain, including any such easements and
permits required for Developer's construction of its segment of the Regional Storm Drain on the Property.
Developer and the City shall negotiate in good faith to provide the City,at no cost,with(i) temporary
construction easements for construction,staging and laydown areas for the railroad easement crossing and
outlet to the Santa Ana River; and(ii)a non-exclusive permanent easement on mutually acceptable terms
for the City's long-term maintenance of the Regional Storm Drain,consistent with this Section 8.2.
c. Costs. The budgeted construction cost for the segment of the Regional
Storm Drain that will transverse the Property is$10,000,000,as set forth in the Platinum Triangle
Implementation Plan. Developer will be reimbursed from the CFD for its share of construction costs for
the Regional Storm Drain in accordance with the reimbursement parameters of the CFD. To the extent
alternative engineering solutions are agreed by the Parties,the Parties acknowledge that such solutions
may affect both construction costs and the amount of CFD funds available for reimbursement;the Parties
shall have agreed on the available CFD reimbursement terms as a condition to approving any alternative
solution. All costs above the established CFD reimbursement rate shall be paid for by the Developer.
Notwithstanding the foregoing,the City agrees to seek additional funding from potentially available grant
sources to offset the cost of constructing any Underground Solution on the Property. To the extent such
grant funds become available,the City agrees to apply such funds toward the cost of the Underground
Solution,consistent with the grant requirements,which would be anticipated to reduce Developer's share
of the cost to construct the Regional Storm Drain on the Property. In no event shall any portion of the
credit for the Community Benefit Park,as set forth in Section 8.5,be used for construction of the
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Regional Storm Drain,irrespective of whether an alternative engineering solution for the Regional Storm
Drain is incorporated in construction of the Community Benefit Park.
8.3 Utilities(Water,Electrical,Gas, Sewer,and Drainage). Developer shall be responsible
for the design,bonding and construction of all water,electrical.gas, sanitary sewer, storm drains and
appurtenant structures traffic circulation improvements identified for the Project in accordance with the
conditions of the Project Vesting Tentative Tract Map,the SCEA Mitigation Measures and,as applicable,
this DDA, including,without limitation,the relocation of utilities required to provide services to the
Project or that are displaced by the construction of the Project. As Developer implements the Project,and
submits detailed construction plans to obtain building permits for the Project,Developer may revise the
utilities to be constructed or relocated subject to the City's prior review and approval. Developer shall
irrevocably offer all in tract utilities for public dedication,and such utilities shall be accepted by the City
upon their completion. Developer will conform with Rule 15 Section D(Platinum Triangle Water
Facilities).The City shall cooperate in the relocation of City-owned utility easements located within the
Property requested by Developer to facilitate Developer's implementation of the Project. Upon
Developer's completion each utility improvement,Developer shall be reimbursed by the CFD up to the
established budget in the Platinum Triangle Implementation Plan pursuant to CFD policies and processes.
8.4 Lower and Very Low Income Housing. The Parties acknowledge and agree that in order
to require Developer to provide four hundred and sixty six residential units reserved for lower and very
low income households,at Closing the City will have paid Developer$123,677,843 through a purchase
price credit at the Closing under the Purchase Agreement. The restricted income limits must comply with
the State Income Limits for Orange County determined and published annually by the California
Department of Housing and Community Development(collectively,"Lower and Very Low Income
Units")as referenced in California Health and Safety Code(H&SC)Section 50079.5 for Lower Income
households and H&SC Section 50105 for Very Low Income Households. Therefore,Developer agrees
that it shall incorporate into the Project and set aside,or cause to be set aside,no fewer than four hundred
sixty six(466)units to be income restricted per H&SC,and rented at an affordable rent as defined and
published by the California Tax Credit Allocation Committee("CTCAC"). For the purposes of
determining the maximum affordable rents,the following restrictions shall apply:(i)two hundred seven
(207)units restricted to Lower Income(80%AMI)households with a maximum affordable rent up to
80%AMI for Orange County as determined and published annually by CTCAC for a family of a size
appropriate to the unit;and(ii)two hundred fifty nine(259)units to Very Low Income(50%AMI)
households with a maximum affordable rent up to 50%AMI for Orange County as determined and
published annually by CTCAC for a family of a size appropriate to the unit. Lower and Very Low
Income Units required by this Section 8.4 shall be provided in any new for rent residential or mixed-use
project located on the Property. Units in a given project shall reflect the unit mix,corresponding size,and
type of amenities for market rate units in the same project.
8.4.1 Lower and Very Low Income Unit Delivery. Notwithstanding the provisions of
Section 9.3,no later than twenty five(25)years after the Closing under the Purchase Agreement,all four
hundred sixty six(466)Lower and Very Low Income of the affordable units required by this Section 8.4
shall have been constructed and offered for rent. In addition,Developer shall provide such Lower and
Very Low Income units in accordance with the following milestones:
a. No later than fifteen(15)years after the Closing under the Purchase
Agreement,no fewer than one hundred twenty eight(128)Lower and Very Low Income units shall have
been constructed and offered for rent; and
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b. No later than twenty(20)years after the Closing under the Purchase
Agreement,no fewer than three hundred sixty(360)Lower and Very Low Income units shall have been
constructed and offered for rent.
8.4.2 Affordable Covenants. The continued affordability of each Lower and Very Low
Income Unit required by this Section 8.4 shall be secured by a covenant in favor of the City("Affordable
Covenant")running with the land recorded against each lot,parcel,or airspace lot in which such unit is
located,ensuring its continued affordability for 55 years(or a longer period of time if required by the
construction or mortgage financing assistance program,mortgage insurance program,or rental subsidy
program)from the issuance of the temporary or final certificate of occupancy,which covenant shall be
reviewed and reasonably approved by the City.
8.4.3 Delivery Obligations. Until all four hundred sixty six(466)Lower or Very Low
Income Units required by this Section 8.4 have been delivered:
a. During the first five years from the Effective Date of this DDA,at least
five(5)percent of the rental units in each residential or mixed-use rental project, if any,completed during
such period shall be comprised of Lower or Very Low Income Units,and at least five(5)percent of all
residential units constructed by the 5th anniversary of the Effective Date of this DDA shall be comprised
of Lower or Very Low Income Units;
b. During the second five years from the Effective Date of this DDA,at
least seven(7)percent of the rental units in each residential or mixed-use rental project, if any,completed
during such period shall be comprised of Lower or Very Low Income Units,and at least seven(7)percent
of all residential units constructed by the 10th anniversary of the Effective Date of this DDA shall be
comprised of Lower or Very Low Income Units;and
c. Following the first ten years after the Effective Date of this DDA,at least
ten(10)percent of the rental units in each residential or mixed-use rental project,if any,completed during
such period shall be comprised of Lower or Very Low Income Units,and at least ten(10)percent of all
residential units constructed by the 15th anniversary of the Effective Date of this DDA shall be comprised
of Lower or Very Low Income Units.
8.4.4 Remedies for Failure to Meet Section 8.4.3 Delivery Obligations.
Notwithstanding the provisions of Section 18.3,the Parties agree that the City's sole and exclusive
remedies for Developer's failure to fulfill its obligations under Section 8.4.3 shall be as follows:
a. If at the end of the first and second five-year periods set forth in
Section 8.4.3(a)-(b)Developer has failed to deliver the required percentage of completed affordable
housing units,Developer shall within thirty(30)days deliver to the City a plan for how it will deliver the
number of units required to meet its delivery obligations(the"Remedial Plan"),which the City shall
review and approve in its reasonable discretion.
b. If the City approves Developer's Remedial Plan,Developer shall deliver
the required number of units to fulfill its affordable housing delivery obligations within 18 months after
the date of the City's approval,unless Developer and the City agree to a different fulfillment deadline. If
Developer fails to fulfill its obligations under the Remedial Plan within such period,Developer shall pay
to the City upon demand,for each such unit not timely delivered in accordance with the delivery
obligations of Section 8.4.3,the sum of$265,403(original value contributed/466 units)plus interest from
the date of the Closing in accordance with the provisions of Section 22.26 of this DDA(the"Affordable
Delivery Compensation"). If Developer fails to pay the Affordable Delivery Compensation on demand,
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the City may, in its sole discretion,withhold all Development Approvals for projects that have not
received building permits until(i)Developer pays the Affordable Delivery Compensation,or
(ii)Developer delivers the Lower or Very Low Income units required under the Remedial Plan.
c. If the City does not approve the Remedial Plan,Developer shall pay to
the City upon demand the Affordable Delivery Compensation. If Developer fails to pay the Affordable
Delivery Compensation on demand,the City may, in its sole discretion,withhold all Development
Approvals for projects that have not received building permits until(i)Developer pays the Affordable
Delivery Compensation,or(ii)Developer delivers the Lower or Very Low Income units required under
the Remedial Plan.
8.4.5 Alternative Affordable Housing Delivery. If Developer proposes(a)to provide
Lower or Very Low Income Units required by this Section 8.4 in projects financed in whole or part by tax
credits or by state or federal funds;(b)to provide Lower or Very Low Income Units required by this
Section 8.4 outside of the Property but within the boundaries of the Platinum Triangle;(c)to apply for or
benefit from any available"density bonus"or similar development incentive pursuant to City code; or
(d)to provide twenty-five(25)percent or more Lower or Very Low Income Units within a single project,
then(i)the City Manager's prior approval shall be required,which may be withheld in the City's
reasonable discretion,and(ii)the City and Developer shall have agreed on the amount of the purchase
price credit given to Developer upon Closing, if any,that Developer shall reimburse the City.
8.5 Community Benefit Park. The Parties acknowledge and agree that in order to require
Developer to construct and dedicate to the City a"flagship"park in excess of the park requirements of the
Existing Land Use Regulations,at Closing the City will have paid Developer$46,233,094 through a
purchase price credit at the Closing under the Purchase Agreement based on$14,883,094 in actual land
cost,plus$25,100,000 improvement cost("Budgeted Park Costs")plus$6,250,000 maintenance cost
("Budgeted Park Maintenance"). Accordingly,the Parties agree as follows:
8.5.1 Developer shall construct,an Community Benefit Park in one of the approximate
locations generally west of the Existing Stadium depicted on Exhibit F hereto meeting the following
minimum improvement criteria(the"Community Benefit Park"):
a. The Community Benefit Park, including public parking, shall be not less
than seven(7)acres in total area;
b. The Community Benefit Park shall be designed and constructed in
accordance with applicable City park construction standards under the Existing Land Use Regulations;
c. The Community Benefit Park is anticipated to be highly amenitized and
may include tables,benches,public drinking fountains,shade trees,public restrooms,barbeque facilities,
play lots,and accessible paths of travel;
d. The Community Benefit Park shall be surrounded on at least three(3)
sides by internal roads serving the Project and shall be generally flat,not to exceed two(2)percent grade.
8.5.2 Community Benefit Park Improvement Plans.
a. Developer shall designate the site of the Community Benefit Park on the
Project Vesting Tentative Tract Map.
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b. No later than five(5)years after the Closing under the Purchase
Agreement,Developer shall submit conceptual plans for the improvement of the Community Benefit
Park consistent with the criteria of Section 8.5.1 (a)—(d)and the Budgeted Park Costs for the review and
approval of for the review of the City's Park and Recreation Commission and approval of the City
Council("Conceptual Community Benefit Park Plans").
c. No later than seven(7)years after the Closing under the Purchase
Agreement,Developer shall submit design-level improvement, landscaping,and lighting plans for the
Community Benefit Park generally conforming to the approved Conceptual Community Benefit Park
Plans for the review and approval of the Community Services Director,whose approval which shall not
be unreasonably withheld or delayed("Final Community Benefit Park Plans").
8.5.3 Community Benefit Park Construction Timing. Developer shall complete
construction of the Community Benefit Park in accordance with the approved Final Community Benefit
Park Plan no later than fifteen(15)years after the Closing under the Purchase Agreement,shall
irrevocably offer the Community Benefit Park for dedication to the City as a public park,which
dedication shall be promptly accepted by the City.Notwithstanding the provisions of Section 18.3,the
Parties agree that the City's sole and exclusive remedies for a Default in Developer's performance of this
Section 8.5.3 shall be as follows: if such Default is not cured by Developer within twelve(12)months
after the City's Notice of Default regarding the same,the City shall be entitled to the remedy of(and shall
pursue)specific performance to compel Developer's compliance with this Section 8.5. If the City does
not receive an order of specific performance,the City shall be entitled to recover from Developer,for
each acre,or portion of acre,of Community Benefit Park not timely delivered in accordance with
Section 8.5.3,the sum of$6,578,572 per acre plus interest from the date of the Closing in accordance
with the provisions of Section 22.26 of this DDA.
8.5.4 Park Operation and Management. Concurrent with its submission of the
Conceptual Community Benefit Park Plans,Developer shall submit a proposed Park Management Plan
("Park Management Plan")for the review of the City's Park and Recreation Commission and approval of
the City Council,which shall address opportunities for public/private cooperation in the programming of
the Community Benefits Park. The Community Benefit Park shall be available for public use and
enjoyment(provided,however,that Developer may exclusively utilize the Community Benefit Park for
private events for ten(10)calendar days each calendar year),and shall be operated,maintained,and
managed by Developer in first class condition and repair and programmed during the initial Term of this
DDA in accordance with the approved Park Management Plan.
8.5.5 Unexpended Funds. Upon the City's acceptance of the dedication of the
Community Benefit Park,Developer shall provide to the Community Services Director Developer's
actual construction costs(the"Developer's Actual Park Costs"),as evidenced by such backup
documentation as is reasonably requested by the City.Developer shall deposit the difference, if any
between Developer's Actual Park Costs and the Budgeted Park Costs into an interest bearing escrow
account,and shall expend such funds for(or make such funds available for)public park recreation
improvements along the Santa Ana River,within the Property,or within the Platinum Triangle,as
mutually determined by the City and Developer.
8.6 Mini-Parks. Developer agrees that,notwithstanding the provisions of
Section 18.20.110.0102 permitting parcels less than eight(8.0)acres in size to pay a park-in-lieu fee,
Developer shall not be permitted to pay a park-in-lieu fee,and shall provide 44 square feet of public park
space within the Project for each residential unit constructed as part of the Project meeting the following
criteria("Mini-Parks"): (a)no active public park area shall be located closer than 500 feet from the
nearest lane of traffic on Interstate 5 and State Route 57;(b)minimum one-half acre in size;(c)minimum
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of 150 feet on all sides and fronted by streets on at least one side;(d)generally flat,not to exceed 2%
grade; and(e)amenities shall include,as approved by the Community Services Director with a final
design review by the Park and Recreation Commission,landscape,hardscape, irrigation, lighting,site
furniture,drinking fountains or bottle fillers,water features,and active amenities(potential examples
include,but shall not be limited to,volleyball,basketball,or skate areas).Developer shall irrevocably
offer each Mini-Park for dedication to the City as a public park,which dedication shall be promptly
accepted by the City.
8.6.1 Credit for Park Land Dedication. The City shall credit the value of such park
land dedication against overall park-in-lieu fees required for the Project on a per acre basis at the
appraised fair market value at the time of dedication. Such credit will be given for park land dedication
only.The City shall not be required to give credit for improvements to such parks or for recreational-
leisure areas,as required subject to Anaheim Municipal Code Section 18.20.110.020.
8.6.2 Mini-Park Construction Timing. Developer shall complete construction of Mini-
Parks in accordance with Anaheim Municipal Code Section 18.20.110;provided,however that,
notwithstanding the number of residential units constructed in the Project,Mini-Parks shall be
constructed and dedicated in accordance with the following milestones:
a. No later than fifteen(15)years after the Closing under the Purchase
Agreement,no less than one(1)acre of Mini-Parks shall have been constructed and irrevocably offered
for dedication to the City.
b. No later than twenty(20)years after the Closing under the Purchase
Agreement,no less than a cumulative total of 2.5 acres of Mini-Parks shall have been constructed and
irrevocably offered for dedication to the City.
c. No later than twenty five(25)years after the Closing under the Purchase
Agreement,no less than a cumulative total of 3.2 acres of Mini-Parks shall have been constructed and
irrevocably offered for dedication to the City.
8.6.3 During the Term,the Mini-Parks to be provided pursuant to this Section 8.6 shall
be continuously maintained by Developer in first class condition and repair,and shall be operated and
managed in accordance with the Park Management Plan approved by the City Council pursuant to
Section 8.5.4 above.
8.7 Timing,Phasing and Sequence of Dedications,Public Improvements and Facilities.
Where not otherwise expressly provided in this DDA,the design,timing,phasing and sequence of the
construction of all Public Improvements and Facilities,or the payment of fees therefor,shall be in
accordance with the timing,phasing and sequence set forth in the approved Project Vesting Tentative
Tract Map and the Project Traffic Study. The City shall cooperate with Developer for the purpose of
coordinating all Public Improvements and Facilities constructed under this DDA,or any Development
Approvals,whether located within or outside of the Property. Developer shall be responsible for and use
good faith efforts to acquire any right(s)-of-way necessary to construct the Public Improvements and
Facilities required by,or otherwise necessary to comply with the conditions of,this DDA or any
Development Approvals. Should it become necessary due to Developer's failure or inability to acquire
said right(s)-of-way within four months after Developer begins its efforts to so acquire said right(s)-of-
way,the City shall negotiate the purchase of the necessary right(s)-of-way to construct the Public
Improvements and Facilities as required by,or otherwise necessary to comply with the conditions of,this
DDA and, if necessary in accordance with the procedures established by State law,and the limitations
hereinafter set forth in this Section 8.7,the City may use its powers of eminent domain to condemn said
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required right(s)-of way.Developer agrees to pay for all costs associated with said acquisition and
condemnation proceedings,subject to Developer's right to be reimbursed by the CFD up to the
established budget in the Platinum Triangle Implementation Plan pursuant to CFD policies and processes.
If the City cannot make the proper findings or if for some other reason under the condemnation laws the
City is prevented from acquiring the necessary right(s)-of-way to enable Developer to construct the Public
Improvements and Facilities required by,or otherwise necessary to comply with the conditions of,this
DDA,then the Parties agree to amend this DDA to modify Developer's obligation by substituting other
considerations,mitigation measures or obligations by Developer of similar value as are negotiated in
good faith between the Parties hereto.Nothing contained in this Section shall be deemed to constitute or
require a determination or resolution of necessity by the City to initiate condemnation proceedings.
8.8 Construction of Public Improvements. Public Improvements and Facilities that are
required to be constructed as part of this DDA and the Development Approvals shall be designed and
constructed in keeping with the then-current City-wide standards and requirements of the City agency
which shall accept their dedication. In connection with all of the Public Improvements and Facilities,
Developer shall engage a contractor that is duly licensed in California and qualified to complete the work
(the"Contractor").The Contractor shall contract directly with Developer pursuant to an agreement to be
entered into by Developer and Contractor(the"Construction Contract"),which shall: (i)be a guaranteed
maximum price contract;(ii)require the Contractor or Developer to obtain and maintain bonds for 100%
of the cost of construction for performance and payment for labor and materials(and include the City and
Developer as dual obligees under the bonds),or provide a letter of credit or other security satisfactory to
the City, in accordance with the requirements of the Anaheim Municipal Code;(iii)require the Contractor
to obtain and maintain customary insurance, including workers compensation in statutory amounts,
employer's liability,general liability,builders all-risk with the City named as additional insured;
(iv)release the City from any and all claims relating to the construction, including but not limited to
mechanics liens and stop notices;(v)subject to the rights of any Mortgagee that forecloses on the
Property, include the City as a third-party beneficiary,with all rights to rely on the work,receive the
benefit of all warranties,and prospectively assume Developer's obligations and enforce the terms and
conditions of the Construction Contract as if the City were an original party thereto;and(vi)require that
the City be included as a third-party beneficiary,with all rights to rely on the work product,receive the
benefit of all warranties and covenants,and prospectively assume Contractor's rights in the event of any
termination of the Construction Contract,relative to all work performed by the Project's architect and
engineer.Developer acknowledges and agrees it shall be responsible for complying with all City
procurement laws applicable to Developer's construction of Public Improvements and Facilities,
including the Community Benefit Park,required to be constructed as part of this DDA and the
Development Approvals.
8.9 Uniform Application. The City shall apply its processes,procedures and standards for
dedications and public improvements, including the funding of and payment for such dedications and
public improvements,uniformly to all development projects within the Platinum Triangle and the CFD.
SECTION 9. ADDITIONAL PUBLIC BENEFITS.
In addition to the Developer's other commitments and agreements pursuant to this DDA,
Developer has agreed to provide the following public benefits which are comprised of Public
Improvements and Facilities,amenities,commitments that are not required by the Existing Land Use
Regulations.
9.1 Angels Commitment Agreement. SRB shall deliver,at the Closing under the Purchase
Agreement,the Angels Commitment Agreement(as defined in the Purchase and Sale Agreement)fully
executed by Angels Baseball committing Angels Baseball, in accordance with the terms of such
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agreement,not to relocate,and to play its home games at Angels Stadium(or at the Replacement
Stadium)through December 31,2050(which period shall be subject to five(5)consecutive five(5)-year
options to extend the Angels Commitment Agreement,exercisable by Angels Baseball).
9.2 Project Labor Agreements. Subject to the requirements of Section 8.8 of this DDA,
Developer shall require that all general contractors enter into a Project Labor Agreement(s)or otherwise
utilize union labor for the construction of all the following components of the Project: (i)the Replacement
Stadium;(ii)core and shell of all Type I construction on the Property;and(iii)Public Improvements and
Facilities;provided,however,that neither Project Labor Agreement(s)nor utilization of union labor shall
be required for the Mini-Parks.
9.3 Development Milestones. Notwithstanding that Development of the Project will be
determined in the sole discretion of Developer in response to market conditions and demand for Project
Uses,Developer shall use commercially reasonable efforts to complete,or cause the completion,of the
following Project Uses at the Property as follows:
9.3.1 Residential Uses:
a. Milestones.
(A) A cumulative total of eight hundred fifty(850)residential units
no later than fifteen(15)years after the Closing under the Purchase Agreement;
(B) a cumulative total of two thousand four hundred(2,400)
residential units no later than twenty(20)years after the Closing under the Purchase Agreement;and
(C) a cumulative total of three thousand one hundred five(3,105)
residential units no later than twenty five(25)years after the Closing under the Purchase Agreement.
b. Affordability.Notwithstanding Developer's discretion to determine the
continued development of residential uses pursuant to the preamble to Section 9.3 and Section 9.3.1(a),
and in addition to the obligations to provide affordable housing pursuant to Section 8.4.4,should
additional residential uses be constructed,Developer shall reserve a cumulative total of 15%of the total
Project residential uses for affordable housing. For the purpose of Section 9.3.1,Developer, in its sole
discretion may provide Lower Income or Very Low Income Unit as an alternative to providing a
Moderate Income unit on a one-for-one basis. Such alternative units shall not be counted towards
Developer's Lower and Very Low Income Unit obligation under Section 8.4 of this DDA. From and after
the construction of the first three thousand one hundred five(3,105)residential units,then affordable
housing shall be delivered as follows:
(A) For every five hundred(500)additional residential units
constructed,a portion shall be reserved for Moderate Income Households as defined by Health&Safety
Code 50093,and rented at an affordable rent as determined and published annually by the CTCAC; all in
accordance with the State Income Limits for Orange County determined by the California Department of
Housing and Community("Moderate Income Units");and
(B) thirteen(13)units shall be reserved for Lower Income
households from the first five hundred(500)residential units constructed after three thousand one
hundred and five(3,105)residential units have been constructed(unless a cumulative total of 259 Lower
Income units have been delivered,in which case no additional Lower Income units will be required);
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(C) thirteen(13)units shall be reserved for Lower Income
households from the next five hundred(500)residential units constructed after three thousand six
hundred and five(3,605)residential units have been constructed(unless a cumulative total of 259 Lower
Income units have been delivered, in which case no additional Lower Income units will be required);
(D) thirteen(13)units shall be reserved for Lower Income
households from the next five hundred(500)residential units constructed after four thousand one hundred
five(4,105)residential units have been constructed(unless a cumulative total of 259 Lower Income units
have been delivered,in which case no additional Lower Income units will be required);and
(E) thirteen(13)units shall be reserved for Lower Income
households from the remaining five hundred seventy(570)residential units constructed as part of the
Project(unless a cumulative total of 259 Lower Income units have been delivered,in which case no
additional Lower Income units will be required).
c. At the conclusion of every tenth year anniversary of the Effective Date of
this DDA,no less than 15%of the total Project residential units shall have Affordable Covenants.
d. Affordable Covenants. The continued affordability of each residential
unit referenced in Section 9.3.1(b)shall be secured by an Affordable Covenant in favor of the City.
e. Additional Items. The residential units referenced in Section 9.3.1(b)
may be provided in any new residential or mixed-use building,as well as any existing residential or
mixed-use building which units are not already subject to an Affordable Covenant,may constitute any
percentage of the total number of residential units in a given building determined by Developer,may be
financed by any method(including but not limited to private financing,tax credit financing,or grants),
and may be provided on the Property or within the boundaries of the Platinum Triangle. Units in a given
project shall be reflective of the unit mix,corresponding size,and type of amenities for market rate units
(if any)in the same project. Developer agrees to consult in good faith with the City regarding
Section 9.3.1(b)units proposed to be provided within the boundaries of the Platinum Triangle,or where
such units constitute twenty-five(25)percent or more of the residential units within a single building.
9.3.2 Commercial Uses:
a. One hundred eighty thousand(180,000)square feet no later than twenty
(20)years after the Closing under the Purchase Agreement;
b. A cumulative total of three hundred sixty three thousand(363,000)
square feet no later than twenty five(25)years after the Closing under the Purchase Agreement; and
c. A cumulative total of five hundred fifty thousand(550,000)square feet
no later than thirty(30)years after the Closing under the Purchase Agreement.
9.3.3 Hotel:
a. One hotel no later than twenty (20)years after the Closing under the
Purchase Agreement; and
b. A second hotel no later than thirty(30)years after the Closing under the
Purchase Agreement.
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9.4 Arena/Stadium Special Sign District. The Parties acknowledge and agree the Property
contains an Arena/Stadium Special Sign District,and that subject to Anaheim Municipal Code 4.04.401,
Developer may apply for an Arena/Stadium Sign Permit to erect advertising displays consistent with the
Arena/Stadium Coordinated Sign Program,provided that the City shall have no obligation to issue an
Arena/Stadium Sign Permit unless the Parties shall have entered into a revenue sharing agreement for
such displays.
SECTION 10. INFRASTRUCTURE FINANCING.
10.1 Financing Districts. If Developer undertakes infrastructure financing,including but not
limited to Mello-Roos bonds,joint powers authority,geological abatement district, landscape lighting
district or community facility districts to finance its obligation to design,construct,maintain,and/or
operate Public Improvements and Facilities,the City agrees to fully cooperate in such endeavors and to
promptly commence and diligently and timely process related applications. If Developer is required to
construct Public Improvements and Facilities that are supplemental to the requirements of the Project for
the benefit of other properties,the City will use good faith efforts to promptly work establish mechanisms
for proportional reimbursement from owners of the benefited properties,reserving final discretion and
approval by the City,including the City Council or any commission,committee or department thereof,as
to the establishment of any definitive mechanism and all proceedings and decisions in connection
therewith. The City shall not be responsible for any costs associated with establishing said mechanisms.
Notwithstanding the foregoing,the construction cost of the Community Benefit Park shall not be financed
or reimbursed to Developer,either directly or indirectly,by district as set forth in this Section 10.1,
provided that district financing may be used for maintenance of the Community Benefit Park.
10.2 Platinum Triangle Infrastructure and/or Maintenance Assessment District. Concurrent
with the Closing under the Purchase Agreement,Developer shall have executed and recorded an
unsubordinated covenant in a form approved by the City Attorney's Office wherein Developer agrees not
to contest the formation of any Assessment District(s)that may be formed to finance Platinum Triangle
infrastructure and/or maintenance,which district(s)could include the Property. The covenant shall not
preclude Developer from contesting(i)the determination of benefit of such improvements to the
Property,(ii)the properties included in said district or area,(iii)the manner in which said fee is
determined,or(iv)the manner in which said improvement costs are allocated.
SECTION 11. ASSIGNMENT.
11.1 Right to Assign and Transfer.
11.1.1 Assignment and Transfer to Affiliate of Developer without Sale or Lease of
Property. Developer may assign and transfer its rights and obligations under this DDA to any Affiliate of
Developer without the sale or ground lease of the Property or any portion thereof without prior consent of
the City but Developer shall remain fully liable for all obligations and requirements under this DDA after
the effective date of the assignment and transfer to the Affiliate of Developer.
11.1.2 Assignment and Transfer in Connection with Sale or Lease of Property Interests
to Third Parties. Developer may sell or lease the Property,and any portion thereof and, in connection
with any such sale or lease,assign or transfer all or any portion of its respective interests,rights or
obligations under this DDA Agreement to any third Person, including Affiliates of Developer
(individually,a"Transferee")acquiring an interest or estate in all or a portion of the Property
(individually,"Transferred Property"), including,but not limited to,purchasers or ground lessees of
individual lots,parcels,or of any of the buildings,or portions of buildings,located within the Property.
Developer shall give thirty(30)days' notice to the City prior to the effective date of any sale,transfer or
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assignment of its interest in all or any portion of the Property or any of its interests,rights and obligations
under this DDA(individually,a"Transfer"). Upon the completion of Developer's Transfer of the
Transferred Property to the Transferee, such Transferee shall be deemed a third party beneficiary of this
DDA,with the vested right to develop the Transferred Property under this DDA,and for the limited
purposes of enforcing its vested rights and obligations under this DDA with respect to the Transferred
Property, shall be treated as the`Developer' of the Transferred Property.
a. Transferee Assignment and Assumption Agreements. Developer shall
remain fully liable for all obligations and requirements under this DDA after the effective date of the
Transfer;provided however,that except as set forth in Section 11.1.2(b)below,Developer shall be
released from all liability or obligation under this DDA related to the Transferred Property accruing or to
be performed after the date of the Transfer if,prior to the effective date of the Transfer,(1) Developer
and Transferee execute and deliver to the City an Assignment and Assumption Agreement in the form set
forth in Exhibit G to this DDA specifying the obligations and requirements of the DDA to be assumed by
the Transferee and the security for performance to be provided by Transferee,which Assignment and
Assumption Agreement shall be accompanied upon delivery to City with supplemental materials setting
forth Transferee's relevant development experience and Transferee's creditworthiness(collectively,the
"Assumption Requirements");(2)the City has not given Developer a notice of non-compliance under
Section 17.3 or a Notice of Default under Section 18.2 of this DDA that remains uncured as of the
effective date of the Transfer; and(3)Developer has received the City Manager's consent to the
Assignment and Assumption Agreement and approval of the Assumption Requirements,not to be
unreasonably withheld;provided,it shall not be unreasonable for the City to withhold its approval,
including of Developer's release from liability or obligation, if Developer has not evidenced Transferee's
ability to fulfill the Assumption Requirements to the City's reasonable satisfaction.
b. Developer Release. Developer shall not be released from its obligations
under Sections 8.4 and 8_5 hereunder except(i)in connection with the sale of all or substantially all of the
Project's residential density or(ii)as approved by the City,and(iii)then only in accordance with the
terms and conditions of Section 11.1.2(a)above.
c. Transferee Defaults. Notwithstanding anything other provision of this
DDA,if a Transferee Defaults under an Assignment and Assumption Agreement, such Default shall not
constitute a Default by Developer under this DDA and shall not entitle the City to Terminate or modify
this DDA. Proceedings and actions by the City in connection with any alleged Transferee Default under
an Assignment and Assumption Agreement shall be limited only to the Transferee and Transferee's
Transferred Property except as such Assignment and Assumption Agreement expressly may provide.
d. Modification or Amendment of DDA. Notwithstanding any other
provision of this DDA,no Transferee shall have the right to(i)modify or amend this DDA in whole or
part;(ii)modify or amend the obligations of the Parties hereto;(iii)modify or change the Project or the
permitted uses of the Project;or(iv)increase the density and intensity of use,number of units,permitted
by the Project Uses for the Transferred Property unless such right has been expressly assigned to the
Transferee in a provision referencing this Section 11.2 in the Transferee's Assignment and Assumption
Agreement.
e. Consent of Transferees Not Required. The consent of a Transferee to an
amendment of this DDA,or cancellation of this DDA, shall not be required unless such amendment
decreases the intensity or density of Development of such Transferee's Transferred Property,changes the
uses permitted for such Transferee's Transferred Property,or imposes any requirements on such
Transferee's development of its Transferred Property not required by Existing Land Use Regulations.
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SECTION 12. ENFORCEMENT.
Unless this DDA is terminated or cancelled pursuant to the provisions set forth herein,this DDA
or any amendment hereto, shall be enforceable by each Party hereto notwithstanding any change hereafter
in any of the Existing Land Use Regulations,except as provided for in Section 16.
SECTION 13. COVENANTS,CONDITIONS AND RESTRICTIONS.
In consideration for the City entering into this DDA,Developer agrees to record unsubordinated
covenants,conditions and restrictions applicable to the Property in a form and content satisfactory to the
Planning Director,the City Engineer and the City Attorney incorporating the requirements and
obligations of the approved Project Vesting Tentative Tract Map for the Project.
SECTION 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES.
Developer consents to,and waives any right it may have now or in the future to challenge the
legal validity of the conditions,requirements,policies or programs required by Existing Land Use
Regulations,Community Facilities District 08-1 or this DDA including,without limitation,any claim that
they constitute an abuse of the police power,violate substantive due process,deny equal protection of the
laws,effect a taking of property without payment of just compensation,or impose an unlawful tax.
SECTION 15. AMENDMENT OR CANCELLATION.
15.1 Initiation of Amendment or Cancellation. Except as provided in Section 11.1.2(c),either
Party may propose an amendment to. or cancellation of,this DDA .
15.2 Procedure. Except as set forth in Section 15.4 below,the procedure for proposing and
adopting an amendment to,or cancellation of,this DDA shall be the same as the procedure required for
entering into this DDA in the first instance. Such procedures are set forth in Sections 2,3 and 5 of the
Procedures Resolution.
15.3 Consent. Except as provided elsewhere within this DDA,any amendment to,or
cancellation of,this DDA shall require the written consent of both Parties.No amendment or cancellation
of this DDA or any provision hereof shall be effective unless set forth in writing and signed by duly
authorized representatives of each Party hereto. Notwithstanding the foregoing,Developer consent shall
not be required with respect to any amendment of this DDA to the extent such amendment concerns
obligations Developer has transferred or assigned pursuant to Section 11.1.2 and from which obligations
Developer has been released by the City pursuant to Section 11.1.2(a).
15.4 Amendments. Subject to the provisions of this Section 15,the Parties acknowledge that
refinements and improvements in the Project may justify changes are appropriate with respect to the
details and performance of the Parties under this DDA. Accordingly,the Parties desire to retain a certain
degree of flexibility with respect to the details of the Project and with respect to those items covered in
general terms under this DDA. If and when the Parties find that changes or adjustments are necessary or
appropriate to further the intended purposes of this DDA,they may,unless otherwise required by law,
effectuate such changes or adjustments through changes to the Development Approvals without amending
this DDA;provided,however,that the following changes shall require an amendment to the DDA
approved by the City Council in accordance with the Existing Land Use Regulations: (a)any change to
all or a portion of the Master Site Plan for the Project which increases the intensity or density of the
Project Uses; (b)an amendment to extend the Term of this DDA;(c)any changes to provision(s)in this
DDA or the Development Approvals related to reservation or dedication of land or easements; or(d)any
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reduction in the obligations of Developer under Sections 8 or 9 of this DDA. Any amendment to the
DDA,shall not alter,affect, impair or otherwise impact the rights,duties,and obligations of the Parties
under this DDA with respect to those portions that have not been amended.
15.5 Effect of Amendment to DDA. The Parties agree that except as expressly set forth in any
such amendment, an amendment to this DDA shall not alter,affect, impair,modify,waive or otherwise
impact any other rights,duties or obligations of either party under this DDA.
SECTION 16. RESERVED AUTHORITY.
16.1 State and Federal Laws and Regulations. In the event that state or federal laws or
regulations enacted after this DDA has been entered into,prevent or preclude compliance with one or
more provisions of the DDA,such provisions of the DDA shall be modified or suspended as may be
necessary to comply with such state or federal laws or regulations,provided,however,that this DDA
shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to
the extent such laws or regulations do not render such remaining provisions impractical to enforce.
Notwithstanding the foregoing,the City shall not adopt,undertake,or apply any rule,regulation or policy
which is inconsistent with this DDA until the City makes a finding that such rule,regulation or policy is
reasonably necessary to comply with such state and federal laws or regulations relating to the Project or
the use,occupancy or Development of the Property under this DDA.
16.2 Public Health and Safety. This DDA shall not prevent the City from applying new rules,
regulations and policies adopted on a citywide basis as part of the Anaheim Building Code to the Project,
including amendments or modifications to the model codes specified in Section 16.3 of this DDA,
provided that the City finds that failure to adopt such rules,regulations or policies would result in a
condition injurious or detrimental to the health or safety of Project occupants or users,and such rules,
regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental health or
safety condition.
16.3 Applicability of Uniform Codes. When considering subsequent applications for approval
of plans for the remainder of the Project,the City shall apply the provisions,requirements,rules and/or
regulations then in effect that are contained in the Building Standards Codes,as adopted in Title 15,
Chapter 15.03 of the Anaheim Municipal Code,and the California Fire Code,as adopted in Title 16,
Chapter 16.08 of the Anaheim Municipal Code,as the same may be amended from time to time by the
City.
SECTION 17. PERIODIC REVIEW.
17.1 Annual Review. The City shall periodically review the Development Agreement once
every year. Such annual review shall occur each year on the anniversary date of the Effective Date of this
DDA("Annual Review Date"). The City's delay in conducting the Annual Review shall not constitute a
waiver of the City's ability to conduct the Annual Review;provided,however,that in the event that the
Annual Review is delayed Developer's good faith compliance with the DDA shall be evaluated and
reported as of the delayed Annual Review Date.
17.2 Applicant's Submission. Not less than forty-five(45)nor more than sixty(60)days prior
to the Annual Review Date,the Developer shall submit evidence to the City.Council of the Developer's
good faith compliance with the Development Agreement and notify the City Council in writing that such
evidence is being submitted to the City pursuant to the periodic review requirements of the Procedures
Resolution. Said notification shall be accompanied by a processing fee in such amount as may be
established from time to time by the City Council.
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17.3 Findings;Non-Compliance;Right to Cure. Within forty-five(45)days after the
submission of the Developer's evidence,the City Council shall review Developer's good faith compliance
and determine upon the basis of substantial evidence whether or not the Developer has, for the period
under review,complied in good faith with the terms and conditions of this DDA.The City Council shall
conduct such review at a public hearing if requested by Developer,and copies of all available evidence
received by or assembled by the City in conjunction with such annual, including public comments and
final staff reports(other than Developer's submission)shall,be delivered to Developer at least ten(10)
days prior to such hearing. If the City Council finds and determines on the basis of substantial evidence
that the Developer has complied in good faith with the terms and conditions of this DDA during the
period under review,the Planning&Building Director shall notify the Developer in writing and the
review for that period shall be deemed concluded. If the City Council finds and determines on the basis
of substantial evidence that the Developer has not complied in good faith with the terms and conditions of
this DDA for the period under review,the Planning&Building Director shall give Developer written
notice specifying in detail the terms of this DDA with respect to which Developer is alleged not to be in
good faith compliance and the steps necessary to achieve such compliance,and Developer shall be given
60 days to cure such non-compliance and if Developer diligently and continuously pursues curing such
non-compliance but such non-compliance cannot reasonably be cured within 60 days,then Developer
shall be entitled to cure,correct or remedy such non-compliance within such additional time as is
reasonably necessary(but not to exceed eighteen(18)months),provided that(a)Developer gives notice
to the Planning&Building Director that the cure cannot practicably be completed within such sixty(60)
day period;(b)the cure shall be commenced at the earliest practicable date following Developer's receipt
of the notice;(c)the cure is diligently prosecuted towards completion at all times thereafter;and(d)the
cure is completed at the earliest practicable date(but not to exceed eighteen(18)months). If Developer
fails to cure such non-compliance within the applicable period provided above,or is not making
reasonable good faith progress towards such end,the City Council may exercise the City's remedies as set
forth in Section 18 of this DDA.
17.4 Annual Review of Transferee Assignment and Assumption Agreements. If Developer
has effected a transfer so that its interest in the Property has been divided between Developer and one or
more Transferees,then the annual review of Developer's good faith compliance hereunder and the review
of each Transferee's assumed obligations under its Assignment and Assumption Agreement(if any)shall
be conducted separately with respect to each party(but may be conducted as part of the same annual
review proceedings),and the City Council,shall make its determinations of good faith compliance and
take its actions separately with respect to each party.
17.5 Initiation of Review by City Council. In addition to the periodic review set forth in this
DDA,the City Council may at any time initiate a review of this DDA in the event of an alleged Default
upon the giving of a Notice of Default to Developer. Within 30 days following receipt of such notice,
Developer shall submit evidence to the City Council of Developer's good faith compliance with this DDA
and such review and determination shall proceed in the manner set forth in Section 17.3.
SECTION 18. DEFAULTS.
18.1 Defaults. The failure to perform any material obligation of this DDA required to be
performed shall constitute a default("Default").
18.2 Notice of Default. The Party claiming default shall give notice of default to the other
Party(the"Notice of Default"). The Notice of Default shall specify the reasons for the allegation of
default with reasonable specificity.
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18.3 City Remedies for Developer Default. If Developer is deemed to be in Default under this
DDA by the City Council pursuant to Sections 17.3 or 17.5,and after giving Developer a Notice of
Default and opportunity to cure in accordance the time periods set forth in Section 17.3 then,except as
provided in Sections 8.4.4 and 8.5.3 (which sections contain the City's sole and exclusive remedies for
Developer's Default under such sections),the City may pursue one or more of the following remedies:
18.3.1 The City may modify or terminate this DDA,or establish a revised time schedule
for compliance,pursuant to Section 18.7.6;
18.3.2 The City shall have the right to refuse to issue any permits or other approvals to
which Developer would otherwise have been entitled pursuant to this DDA;
18.3.3 The City shall be entitled to specific performance for the satisfaction of a
condition to issuance of a permit or approval if the City has issued a permit or other approval pursuant to
this DDA in reliance upon Developer's compliance with this DDA or with a specified condition having
being satisfied by Developer,if Developer then fails to satisfy such condition.
18.3.4 Except as expressly provided in this DDA,the City shall be entitled to all
remedies(and provisional remedies)available at law or equity(including,but not limited to monetary
damages)for Developer's Default,as well to enforce any covenant or agreement herein,or to enjoin any
threatened or attempted violation of this DDA. In addition to such remedies,the City shall be entitled to
seek specific performance of this DDA,which specific performance remedy shall be cumulative, and not
alternative,to all other remedies(and provisional remedies)that the City shall have at law and equity,and
the exercise of any one or more of remedy shall not constitute a waiver or election with respect to any
other available remedy.
18.4 Commitment Agreement. Notwithstanding Section 18.3 or any other provision of this
DDA,the City's sole and exclusive remedy under this DDA for a Default under the Commitment
Agreement by Angels Baseball,shall be to terminate this DDA;provided,however this DDA shall not be
terminated except for a Home Territory Default as defined by the Commitment Agreement. The City
shall not exercise such remedy except upon the issuance of a final and non-appealable judgment(which is
not subject to further judicial review)by a court of competent jurisdiction that a Default has occurred
under the Commitment Agreement by Angels Baseball. The City hereby expressly waives any claim for
damages of any kind alleged to be associated with a Default under the Commitment Agreement by Angels
Baseball.
18.5 Developer Remedies for City Default. After receipt of a Notice of Default,the City shall
have 60 days to cure such non-compliance and if the City diligently and continuously pursues curing such
non-compliance and the actions required to cure such non-compliance cannot reasonably be cured within
60 days,then the City shall be entitled to cure,correct or remedy such non-compliance within such
additional time as is reasonably necessary,but in no event more than 120 days. The Parties acknowledge
and agree that if the City has not cured such non-compliance,after the expiration of all cure periods set
forth in this Section 18.5,Developer shall be entitled to the following remedies in this Section 18.5. The
City and Developer agree that due to the scope and complexity of the transactions contemplated by the
Purchase Agreement and this DDA,as well as the size,nature and scope of the Project, it will not be
practical or possible to restore the City,Developer,or the Property to their pre-existing conditions once
implementation of this DDA has begun. The Parties acknowledge and agree that Developer shall be
entitled to seek specific performance of this DDA and the City's covenants and agreements herein(or to
enjoin any threatened or attempted violation of this DDA)through an action for mandamus,specific
performance,or other injunctive or declaratory relief. Developer hereby waives all claims for monetary
damages against the City,provided,however,that Developer shall be entitled to all remedies(and
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provisional remedies)at law and equity(including,but not limited to,monetary damages)if a court of
competent jurisdiction finds either:(i)the City's disapproval of a Development Approval violates this
DDA;or(ii)the City's imposition of a material condition of approval upon a Development Approval
violates the terms of this DDA. With respect to items(i)—(ii)of this Section 18.5,Developer's remedies
shall be cumulative,and not alternative.
18.6 Failure to Assert. Any failure or delay by a complaining Party in asserting any of its
rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or
remedies,nor shall it deprive any Party of its right to institute and maintain any actions or proceedings
that it may deem necessary to protect, assert,or enforce any such rights or remedies;provided,however,
that no Default shall be asserted against Developer with respect to any annual review period for which the
City Council has made a determination that Developer has complied in good faith with the terms and
conditions of this DDA,or with respect to which Developer has cured the alleged Default within the time
periods provided by this DDA.
18.7 Modification or Termination. If pursuant to Section 17.3 or 17.5 of this DDA the City
Council elects to modify or terminate this DDA or establish a revised time schedule for compliance as
herein provided,then the City shall proceed as follows:
18.7.1 Notice to Developer.The City shall give notice to Developer of City Council's
intention to proceed to modify or terminate this DDA or establish a time schedule for compliance within
ten(10)days of making the City's findings.
18.7.2 Public Hearing.The City Council shall set and give notice of a public hearing on
modification,termination or a time schedule for compliance to be held within forty(40)days after the
City Council gives notice to Developer.
18.7.3 Decision.The City Council shall announce its findings and decisions on whether
this DDA is to be terminated,how this DDA is to be modified or the provisions of the DDA with which
Developer must comply and a time schedule therefor not more than ten(10)days following completion of
the public hearing.
18.7.4 Standard of Review.Any determination by the City to terminate or modify this
DDA,or to establish a time schedule for compliance,because Developer has not complied in good faith
with the terms of this DDA must be based upon a finding by the City Council that Developer is in Default
and has not cured that Default in the timeframe permitted by Section 17.3 above.
18.7.5 Implementation.Amending or terminating this DDA based on Developer's
Default or pursuant to Section 17.3 shall be accomplished by the City enacting an ordinance. The
ordinance shall recite the reasons which,in the opinion of the City,make the amendment or termination
of this DDA necessary.Not later than ten(10)days following the adoption of the ordinance,one copy
thereof shall be forwarded to Developer.This DDA shall be terminated or amended as of the effective
date of the ordinance terminating or amending this DDA.
18.7.6 Schedule for Compliance.As an alternative to amending or terminating this DDA
based on Developer's Default,the City Council may adopt a resolution setting a reasonable time schedule
for Developer's compliance with this DDA. The resolution shall recite the reasons which,in the opinion
of the City,make it advisable to set a schedule for compliance and why the time schedule is reasonable.
Not later than ten(10)days following adoption of the resolution,one copy thereof shall be forwarded to
Developer.Compliance with any time schedule so established as an alternative to amendment or
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termination shall be subject to periodic review as provided in this DDA and lack of good faith compliance
by Developer with the time schedule shall be basis for the termination or modification of this DDA.
18.7.7 Challenges to City Council Action. Any judicial action by Developer to contest
the City Council's actions pursuant to Sections 18.3 or 18.7 of this DDA,shall be commenced within
sixty(60)days,as the case may be,of(i)the City's action pursuant to Section 18.3;(ii)effective date of
the ordinance adopted pursuant to Section 18.7.3;or(iii)the resolution adopted pursuant to
Section 18.7.4.
SECTION 19. MORTGAGES AND MORTGAGEE PROTECTION.
19.1 Ability to Encumber. The Parties hereto agree that this DDA shall not prevent or limit
Developer,in any manner,from encumbering the Property,or any portion thereof or any improvements
thereon(except those portions of the Property dedicated to,or to be dedicated to the City)with any
Mortgage securing financing for the construction,Development,use,or operation of the Property. The
City shall reasonably and timely cooperate in Developer's efforts to secure financing for Development of
the Project.
19.2 Mortgagee Obligations. A Mortgagee not in legal possession of the Property or any
portion thereof, shall not be subject to the obligations or liabilities of Developer under this DDA,
including the obligation to construct or complete construction of any improvements or pay fees,or to
guarantee such performance prior to any foreclosure or deed in lieu thereof. A Mortgagee in legal
possession of the Property or portion thereof shall only be entitled to use of Property or to construct any
improvements on the Property in accordance with the Development Approvals and this DDA if
Mortgagee complies with the terms of this DDA.
19.3 Mortgagee Protection. This DDA shall be superior and senior to any lien placed upon the
Property,or any portion thereof,after the date of recording this DDA,including the lien for any
Mortgage.Notwithstanding the foregoing,no breach of this DDA shall defeat,render invalid,diminish or
impair the lien of any Mortgage made in good faith and for value,but all the terms and conditions
contained in this DDA shall be binding upon and effective against any Person or entity,or Mortgagee that
acquires title to the Property,or any portion thereof,by foreclosure,trustee's sale,deed in lieu of
foreclosure,or otherwise,and any such Mortgagee or successor to a Mortgagee that takes title to the
Property or any portion thereof shall be entitled to the benefits arising under this DDA.
19.4 Notice of Default to Mortgagee,Right of Mortgagee to Cure. If the City receives a
written request from a Mortgagee of the Property,or any portion thereof,requesting a copy of any Notice
of Default given Developer or notice of non-compliance given to Developer pursuant to Section 17.3,
then within five(5)days of giving the Notice of Default or notice of non-compliance to Developer or the
Transferee,the City shall deliver to such Mortgagee at the address specified by such Mortgage any Notice
of Default or notice of non-compliance given to such Developer or Transferee. Each Mortgagee shall
have the right during the same period available to Developer to cure or remedy,or to commence to cure
or remedy,the claimed Default or non-compliance as provided in this DDA;provided,however,that if
the claimed non-compliance or Default,is of a nature which can only be remedied or cured by such
Mortgagee upon obtaining possession,and such Mortgagee is authorized by its loan agreement to cure
claimed non-compliance or Default of this DDA,then such Mortgagee may seek to obtain possession
with diligence and continuity through a receiver or otherwise,and shall thereafter remedy or cure the
claimed non-compliance or Default within ninety(90)days after obtaining possession. If any such
claimed non-compliance or Default cannot,with diligence,be remedied or cured within such ninety(90)
day period,then such Mortgagee shall have such additional time as may be reasonably necessary to
34
remedy or cure such claimed non-compliance or Default if such Mortgagee commences cure during such
ninety(90)day period,and thereafter diligently pursues completion of such cure.
19.5 Bankruptcy. Notwithstanding the foregoing provisions of Section 19.4 of this DDA, if
any Mortgagee is prohibited from commencing or pursuing and prosecuting foreclosure or other
appropriate proceedings in the nature thereof by any process or injunction issued by any court or by
reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding
involving Developer or the City,the times specified in Section 19.4 for commencing or prosecuting
foreclosure or other proceedings shall be extended for the period of the prohibition.
19.6 Disaffirmance.
19.6.1 The City agrees that in the event of termination of this DDA by reason of any
Default by Developer,or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for
Developer or its property,the City,if requested by any Mortgagee,shall enter into a new DDA for the
Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term,
effective as of the date of such termination,upon the terms,provisions,covenants and agreements as
herein contained to the extent and subject to the law then in effect,and subject to the rights, if any,of any
parties then in possession of any part of the Property,provided:
a. The Mortgagee shall make written request upon the City for the new
DDA for the Project within thirty(30)days after the date of termination;
b. The Mortgagee shall pay to the City at the time of the execution and
delivery of the new DDA reasonable expenses, including reasonable attorneys' fees,to which the City
shall have been subjected by reason of Developer's Default;and
c. The Mortgagee shall perform and observe all covenants herein contained
on Developer's part to be performed,and shall further remedy any other conditions which Developer
under the terminated agreement was obligated to perform under its terms,to the extent the same are
curable or may be performed by the Mortgagee.
19.6.2 Nothing herein contained shall require any Mortgagee to enter into a new
agreement pursuant to Section 19.6.1 above,nor to cure any Default of Developer referred to above.
SECTION 20. NOTICES.
Any notice which a party is required or may desire to give the other shall be in writing and shall
be sent by personal delivery or by mail(either(a)by United States registered or certified mail,return
receipt requested,postage prepaid,(b)by Federal Express or similar generally recognized overnight
carrier regularly providing proof of delivery),or(c)by electronic mail addressed in each case as set forth
below(subject to the right of a party to designate a different address for itself by notice similarly given at
least five(5)days in advance). Any notice so given by mail shall be deemed to have been given as of the
date of delivery(whether accepted or refused)established by U.S.Post Office return receipt,the
overnight carrier's proof of delivery,or in the case of electronic mail when received. Any such notice not
so given shall be deemed given upon actual receipt of the same by the party to whom the same is to be
given.
35
If to City: City Council
City of Anaheim
do City Clerk
P.O.Box 3222
Anaheim,California 92803
Email:
With copies to: City Manager
City of Anaheim
P.O.Box 3222
Anaheim,California 92803
Email:
City Attorney
City of Anaheim
P.O.Box 3222
Anaheim,California 92803
Attention: Robert Fabela,Esq.
Email: RFabela@anaheim.net
If to Developer: SRB Management,LLC
2850 W.Horizon Ridge PKWY#200
Henderson,Nevada 89052
Attention: Alex Winsberg,Secretary
Email:Alex.Winsberg@a,srbmanagement.net
With copies to: SRB Management,LLC
2850 W.Horizon Ridge PKWY #200
Henderson,Nevada 89052
Attention:Charles Carey
and
Loeb&Loeb LLP
10100 Santa Monica Blvd,Suite 2200
Los Angeles,California 90067
Attention: Allan Abshez,Esq.
Email: aabshezAloeb.com
SECTION 21. ESTOPPEL CERTIFICATES.
Either Party may,at any time,and from time to time,give notice to the other Party requesting
such Party to certify in writing that,to the knowledge of the certifying Party, (a)this DDA is in full force
and effect and a binding obligation of the Parties,(b)this DDA has not been amended or modified either
orally or in writing,and if so amended,identifying the amendments,(c)the requesting Party is not in
Default in the performance of its obligations under this DDA,or if in Default,to describe therein the
nature and amount of any such Default;and(d)such other information as may reasonably be requested. A
Party receiving a request hereunder shall execute and return such certificate within thirty(30)days
following the receipt thereof;provided that if a party has not executed and returned such certificate after
sixty(60)days from initial delivery,it will be deemed approved. The City acknowledges that a certificate
hereunder may be relied upon by Developer,Transferees,lenders and Mortgagees.
36
SECTION 22. GENERAL.
22.1 Force Majeure. The Term of this DDA,and the time within which Developer shall be
required to perform any act under this DDA,shall be extended by a period of time equal to the number of
days during which performance of such act is prevented or delayed,retarded or hindered by act of God,
fire,earthquake,flood,explosion,action of the elements,war, invasion, insurrection,riot,mob violence,
sabotage,inability to procure or general shortage of labor,equipment,facilities,materials or supplies in
the open market,failure of transportation,strikes,lockouts,condemnation,requisition, laws,orders of
governmental,civil,military or naval authority or regulatory body,public health emergency, initiative or
referenda,moratoria,or any other cause similar to the foregoing,not within the reasonable control of
Developer. A Party wishing to invoke this Section shall give notice to the other Party to this DDA of that
intention within ninety(90)days of the commencement of any such cause specifying the reasons therefor,
the provisions of this DDA that will be delayed as a result,and the period of such extension,if known,or,
if not known,the Party's best estimate thereof.The failure to so notify the other Party within that period
as to the cause for delay shall constitute a waiver of any right to later rely upon this Section with respect
to that cause.
22.2 Construction of DDA. The language in all parts of this DDA shall in all cases,be
construed as a whole and in accordance with its fair meaning.The captions of the paragraphs and
subparagraphs of this DDA are for convenience only and shall not be considered or referred to in
resolving questions of construction. This DDA shall be governed by the laws of the State of California.
The Parties understand and agree that this DDA is not intended to constitute,nor shall be construed to
constitute,an impermissible attempt to contract away the legislative and governmental functions of the
City,and in particular,the City's police powers. In this regard,the Parties understand and agree that this
DDA shall not be deemed to constitute the surrender or abnegation of the City's governmental powers
over the Property.
22.3 Severability. If any provision of this DDA shall be adjudged to be invalid,void or
unenforceable,such provision shall in no way affect, impair or invalidate any other provision hereof,
unless such judgment affects a material part of this DDA,the Parties hereby agree that they would have
entered into the remaining portions of this DDA not adjudged to be invalid,void or illegal. In the event
that all or any portion of this DDA is found to be unenforceable,this DDA or that portion which is found
to be unenforceable shall be deemed to be a statement of intention by the Parties;and the Parties further
agree that in such event they shall take all steps necessary to comply with such public hearings and/or
notice requirements as may be necessary in order to make valid this DDA or that portion which is found
to be unenforceable.Notwithstanding any other provisions of this DDA,in the event that any material
provision of this DDA is found to be unenforceable,void or voidable,Developer or the City may
terminate this DDA in accordance with the provisions of the DDA Statute and the Procedures Resolution.
22.4 Hold Harmless Agreement. Developer and the City hereby mutually agree to,and shall
hold each other,each other's elective and appointive councils,boards,commissions,officers,partners,
agents,representatives and employees harmless from any liability for damage or claims for damage for
personal injury, including death,and from claims for property damage which may arise from the activities
of the other's or the other's contractors',subcontractors',agents',or employees' which relate to the
Project whether such activities be by Developer or the City,or by any of Developer's or the City's
contractors, subcontractors,or by any one or more persons indirectly employed by,or acting as agent for
Developer,or any of Developer's or the City's contractors or subcontractors. Developer and the City
agree to and shall defend the other and the other's elective and appointive councils,boards,
commissioners,officers,partners,agents,representatives and employees from any suits or actions at law
or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities
which relate to the Project.
37
22.5 Legal Challenges.
22.5.1 In the event of any legal action instituted by a third party or other governmental
entity or official challenging the validity of any provision of this DDA,or any Development Approval
issued by the City for the Project,or any proceedings,acts or determinations taken, done,or made prior to
any approvals issued by the City in furtherance of this DDA,the Parties hereby agree to cooperate fully
with each other in defending said action,however,Developer shall be liable for all reasonable legal
expenses and costs incurred in defending any such action.Developer shall be entitled to choose legal
counsel reasonably acceptable to the City to defend the City against any such legal action and shall pay
any attorneys' fees awarded against the City or Developer,or both,resulting from any such legal action.
Developer shall be entitled to any award of attorneys' fees arising out of any such legal action. Any
proposed settlement of such action shall be subject to the City's approval, in its reasonable discretion. If
neither Developer not the City elects to defend against such action,Developer shall remain liable for
reasonable legal expenses and costs to the extent provided in this Section 22.5.
22.6 Public Agency Coordination. The City and Developer shall cooperate end use their
respective best efforts in coordinating the implementation of the Development Approvals with other
public agencies,if any,having jurisdiction over the Property or the Project.
22.7 Initiative Measures. The City and Developer intend that this DDA is a legally binding
contract,and that no initiative,measure,moratorium,statute,ordinance or other limitation shall be
applied to Project Development that is inconsistent or in conflict with this DDA. Should an initiative,
measure,moratorium,statute,ordinance,or other limitation be enacted by the citizens of the City that
would preclude or delay construction of all or any part of the Project,and to the extent such initiative,
measure,moratorium,statute,ordinance or other limitation is determined by a court of competent
jurisdiction to invalidate all or any part of this DDA as a matter of law,Developer shall have no recourse
against the City pursuant to the DDA,but shall retain all other rights,claims and causes of action under
this DDA not so invalidated and any and all other rights,claims and causes of action as law or in equity
that Developer may have independent of this DDA with respect to the Project. In the event such initiative,
measure,moratorium,statute,ordinance,or other limitation enacted by the citizens of the City(i)is
applied to the Project to preclude or delay construction of all or any part of the Project; (ii)has not been
determined by a court of competent jurisdiction to invalidate all or any part of this DDA as a matter of
law;and is determined by a court of competent jurisdiction to be inconsistent or in conflict with this DDA
(or any provision hereof),then Developer shall be entitled to all of Developer's remedies for the City's
Default set forth in Section 18.5,and Developer shall also retain all other rights,claims and causes of
action under this DDA not effected by such court's decision.The foregoing shall not be deemed to limit
Developer's right to appeal any such determination that such initiative,measure,referendum,statute,
ordinance or other limitation invalidates or prevails over all or any part of this DDA. The City agrees to
cooperate with Developer in all reasonable manners in order to keep this DDA in full force and effect,
provided the City shall not be obligated to institute a lawsuit or other court proceedings in this
connection. Notwithstanding any other provision of this DDA,no monetary damages shall be available to
Developer in the event that the City's adoption of this DDA is caused to be set aside by a referendum
overturning the City Council's approval of this DDA.
22.8 Attorneys' Fees. In the event of any litigation between the Parties regarding the validity
of this DDA,the enforceability of this DDA,or the enforcement of any rights or obligations hereunder,
the prevailing Party,as determined by the court,shall be entitled to recover its reasonable expenses,
attorneys' fees and costs.
22.9 No Waiver. No delay or omission by either Party in exercising any right or power
accruing upon non-compliance or failure to perform by the other Party under any of the provisions of this
38
DDA shall impair any such right or power or be construed to be a waiver thereof.A waiver by either
Party of any of the covenants or conditions to be performed by the other party shall not be construed as a
waiver of any succeeding breach of non-performance of the same or other covenants and conditions
hereof.
22.10 Authority to Execute. The Person executing this DDA on behalf of Developer warrants
and represents that he/she has the authority to execute this DDA on behalf of Developer and represents
that he/she has the authority to bind Developer to the performance of Developer's obligations hereunder.
22.11 Captions. The captions of the paragraphs and subparagraphs of this DDA are for
convenience and reference only and shall in no way define,explain,modify,construe,limit,amplify or
aid in the interpretation,construction or meaning of any of the provisions of this DDA.
22.12 Consent. Any consent required by the Parties in carrying out the terms of this DDA shall
not unreasonably be withheld or delayed.
22.13 Further Actions and Instruments. Each Party hereto shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the performance of all
obligations under this DDA and the satisfaction of the conditions of this DDA. Upon the request of either
Party at any time,the other Party shall promptly execute,with acknowledgment or affidavit if reasonably
required,and file or record such required instruments and writings and take any actions as may be
reasonably necessary under the terms of this DDA to carry out the intent and to fulfill the provisions of
this DDA or to evidence or consummate the transactions contemplated by this DDA.
22.14 Subsequent Amendment to Authorizing Statute. This DDA has been entered into in
reliance upon the provisions of the Development Agreement Statute in effect as of the Effective Date.
Accordingly,to the extent that subsequent amendments to the Government Code would affect the
provisions of this DDA,such amendments shall not be applicable to this DDA unless necessary for this
DDA to be enforceable or unless this DDA is modified pursuant to the provisions set forth in this DDA
and California Government Code Section 65868 as in effect on the Effective Date.
22.15 Governing Law. This DDA,including,without limitation,its existence,validity,
construction and operation,and the rights of each of the Parties shall be determined in accordance with
the laws of the State of California.
22.16 Effect on Title. Developer and the City agree that this DDA shall not continue as an
encumbrance against any portion of the Property as to which this DDA has terminated.
22.17 No Third Party Beneficiaries. Except as provided in Section 11.1.2,this DDA and all
provisions hereof is made and entered into for the sole protection and benefit of the City,Developer and
their successors and assigns.No other Person shall have right of action based upon any provision in this
DDA.
22.18 Project as a Private Undertaking. It is specifically understood and agreed by and between
the Parties hereto that the Project is a private development,that neither Party is acting as the agent of the
other in any respect hereunder,and that each Party is an independent contracting entity with respect to the
terms,covenants and conditions contained in this DDA.No partnership joint venture or other association
of any kind is formed by this DDA. The only relationship between the City and Developer is that of a
government entity regulating the development of private property and Developer of such private property.
39
22.19 Restrictions. Developer shall place in any agreements to sell or convey any interest in the
Property or any portion thereof,provisions making the terms of this DDA binding on any successors in
interest of Developer as pertain to the property so sold or conveyed,and express provision for Developer
or the City,acting separately or jointly,to enforce the provisions of this DDA and to recover attorneys'
fees and costs for such enforcement.
22.20 Recitals. The recitals in this DDA constitute part of this DDA and each party shall be
entitled to rely on the truth and accuracy of each recital as an inducement to enter into this DDA.
22.21 Recording. The City Clerk shall cause a copy of this DDA to be executed by the City
and recorded in the Official Records of Orange County against the Property no later than ten(10)days
after the City approves this DDA. In the event this DDA is automatically terminated in accordance with
the provisions of Section 2.3,Developer agrees to execute and record all documents necessary to remove
this DDA from title to the Property and if Developer fails to do so within thirty(30)days after the City's
written request that Developer do so,the City may execute and record such documents unilaterally.
22.22 Entire Agreement. This DDA constitutes the entire agreement between the Parties with
respect to the subject matter of this DDA,and this DDA supersedes all previous negotiations,discussions
and agreements between the Parties,and no parole evidence of any prior or other agreement shall be
permitted to contradict or vary the terms hereof.
22.23 Successors and Assigns. The burdens of the DDA shall be binding upon,and the benefits
of the DDA inure to all successors in interest and assigns of the Parties to the DDA.
22.24 Exhibits. All exhibits,including attachments thereto,are incorporated in this DDA in
their entirety by this reference.
22.25 Delegation. The City of Anaheim City Manager shall have the authority to take
ministerial actions to implement and enforce this Agreement on behalf of the City;provided,however,
that(i)in no event shall the City Manager(or designee)have the authority,without City Council approval
or express delegation of authority,to approve modifications or amendments to this Agreement that
substantially change the uses or Development permitted on the site or add to the City's obligations or
materially impair or jeopardize its rights hereunder;(ii)in no event shall the City Manager(or designee)
have the authority,without City Council approval or express delegation of authority,to approve waivers
that materially impair or jeopardize the City's rights hereunder;(iii)the City Manager(or designee)shall
have the right,even if he or she has the authority to act hereunder without seeking City Council approval,
to seek such approval,and in such event the City shall not be deemed to be in default hereunder; and
(iv)any document evidencing the City Manager's(or designee's)exercise of the authority hereunder shall
be subject to review and approval as to form by the City Attorney.
22.26 Interest Rate. For the purpose of this DDA,all sums not paid when due shall bear
interest at the rate per annum("Interest Rate")equal to the prime interest rate published from time to time
by the Wall Street Journal plus two(2)percentage points(but in no event to exceed the maximum lawful
rate)from the date such amount was originally due to and including the date of payment.
22.27 Compliance with Laws. Subject to Developer's rights pursuant to this DDA,Developer
shall carry out the Project in accordance with and in substantial conformity with all applicable laws,
ordinances, statutes,codes,rules,regulations,orders and decrees of the United States,the State of
California,the County of Orange,the City or any other political subdivision in which the Property is
located,and of any other political subdivision,agency or instrumentality exercising jurisdiction over the
City,the Developer,or the Property,including all applicable federal,state and local occupation,safety
40
and health laws,rules,regulations and standards,applicable state and labor standards,applicable
prevailing wage requirements,and all applicable disabled and handicapped access requirements,
including,without limitation,the Americans With Disability Act,42 U.S.C. §12101 et seq.,Government
Code §4450 et seq.,and the Unruh Civil Rights Act,Civil Code §51 et seq.
41
IN WITNESS WHEREOF,CITY and DEVELOPER have executed this DDA as of the date and
year first above written.
"CITY" DEVELOPER
CITY OF ANAHEIM, SRB MANAGEMENT,LLC,
a municipal corporation a Delaware limited liability company
By: By:
Mayor
Name:
Title:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
42
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, IN THE
COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
PARCELS 1,2,3,AND 4 OF PARCEL MAP NO.2006-262,IN THE CITY OF ANAHEIM AND THE
CITY OF ORANGE,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP FILED IN
BOOK 357,PAGES 25 THROUGH 34 INCLUSIVE OF PARCEL MAPS,IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
APN:232-011-02;232-011-06;232-011-35;232-011-36;232-011-37;232-011-38;232-011-39;232-
011-40;232-011-41;232-011-42;232-011-43;232-011-44;232-011-47;232-011-48;232-011-50
PARCEL 2:
INTENTIONALLY DELETED
PARCEL 3:
THAT PORTION OF LOT 3 OF TRACT NO. 71,AS PER MAP RECORDED IN BOOK 10, PAGE 22
OF MISCELLANEOUS MAPS,IN THE OFFICE OF SAID COUNTY RECORDER,DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT,
NORTH 89°59'00"EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE
WHICH IS PARALLEL WITH AND EASTERLY 781.9 FEET,MEASURED AT RIGHT ANGLES
FROM THE WEST LINE OF SAID LOT;THENCE SOUTH 89°59'00"WEST 139.13 FEET,ALONG
SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON,
TOPEKA AND SANTA FE RAILWAY COMPANY'S 30.00 FOOT WIDE RIGHT OF WAY AS
DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292,PAGE 508 OF OFFICIAL
RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY
AND HAVING A RADIUS OF 374.26 FEET,A RADIAL TO SAID POINT BEARS SOUTH
16°17'15"EAST;THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 43°23'25"TO A POINT OF CUSP WITH A COMPOUND CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET;THENCE
SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL
ANGLE OF 00°57'19";THENCE SOUTH 31°16'19"WEST 8.53 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET;
THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
19°49'13"TO THE POINT OF BEGINNING.
APN:083-270-47(PORTION)
Excluding therefrom:
WATER WELL SITE:
PARCEL 1
In the City of Anaheim.County of Orange.State of California.being that portions of Parcels 1.3 and
4 of Parcel Map No.2006-262.field in Book 357.Pages 25 through 34.inclusive.of Parcel Maps.in
the Office of the County Recorder of said County.described as follows:
Commencing at the northeasterly terminus of that certain course"N49°4603"E 219.32—shown along
the centerline of Katella Avenue on said Parcel Map. being the intersection of said centerline of
Katella Avenue and the northwesterly prolongation of the northeasterly line of said Parcel 3:thence
leaving said centerline southeasterly along said northwesterly prolongation and said northeasterly
line South 69'59'44"East 63.99 feet to the'Rue Point of Beginning:thence leaving said northeasterly
line South 0'00'02"West 288.18 feet:thence South 89°56'50"West 153.43 feet:thence North 36°25'35"
West 117. 5 feet to a point on the southeasterly right of way of said Katella Avenue.said point being
on a non tangent curve concave northwesterly having a radius of 1059.98 feet. a radial line to the
beginning of said curve bears South 37'49'44"East:thence northeasterly 44.47 feet along said curve
and southeasterly right of way of Karelia Avenue through a central angle of 2°24'13": thence
continuing along said southeasterly right of way the following three t 31 courses:
II North 49°46'03"East 74.77 feet.
2► North 0'44'33"East 13.25 feet and
31 North 49°46'03"East 164.46 feet to the northerly corner of said Parcel 3:
thence along said northeasterly lune of said Parcel 3 South 69°59'44"East 6.39 feet to the Thte Point
of Beginning.
Containing an area of 40.385 square feet.more or less.
44
AND FURTHER EXCLUDING THEREFROM:
FIRE STATION SITE:
PARCEL 1
In the City of Anaheim.County of Orange.State of California.being that portion of Parcel 1 of Parcel
Map No.2006.262.field in Book 357.Pages 25 through 34.inclusive,of Parcel Maps.in the Office of
the County Recorder of said County.described as follows:
Commencing at the centerline intersection of State College Boulevard i Formerly Placentia Avenue)
and Katella Avenue as shown on said Parcel Map:thence southerly along the centerline of said State
College Boulevard South 00=44'33"West 627.52 feet: thence leaving said centerline. perpendicular
South 59=15'2""East 60.00 feet to a point on the westerly line of said Parcel 1.said point being the
'flue Point of Beginning: thence leaving said westerly line South 45=50'17"East 31.92 feet: thence
South 89=2115"East 58.91 feet to a curve concave southerly having a radius of 113.00 feet: thence
easterly 19.89 feet alone said curve through a central angle of 100509":thence South 79=1606"East
116.07 feet to a curve concave northerly having a radius of 100.00 feet: thence easterly 17.60 feet
along said curve through a central angle of 1005'09": thence South 89'21'15" East 128.04 feet to a
curve concave northerly having a radius of 150.00 feet: thence easterly 95.33 feet along said curve
through a central angle of 36°24'55": thence North 54°13'50" East 83.45 feet to a curve concave
southerly having a radius of 150.00 feet:thence easterly 93.64 feet along said curve through a central
angle of 35°46'02";thence South 89'59'52"East 83.24 feet:thence North 01109"West 22.34 feet to
the easterly terminus of that certain course•'N89`0642"W 687.99—shown in the northerly line of said
Parcel 1:thence westerly along said northerly line North 89°06'42"West 687.99 feet to the a point on
the westerly line of said Parcel 1:thence southerly along said westerly line South 0°44'33"West 88.70
feet to the True Point of Beginning.
Containing au area of 65.339 square feet 11.500 acres wore or less.
45
EXHIBIT B
MASTER SITE PLAN
(ATTACHED)
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Table of Contents
01 PROJECT DESCRIPTION
1-1 Project Location and Existing Site Conditions
1-2 Stadium Master Site Plan
02 MASTER SITE PLAN EXHIBITS
2-1 Master Site Plan
2-2 Master Site Plan - Replacement Stadium
03 INFRASTRUCTURE IMPROVEMENTS
3-1 Infrastructure Improvements
Amp
I B I ANAHI IM,CASTER SITE PLAN
SRB
1 Project Descri tion
p
v BI I ANAHEIM,. STADIUM
SITE PLAN
SRB 3
Project Description
..
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m 1 1 PROJECT LOCATION AND EXISTING SITE CONDITIONS
�,/ rn��'G® EastBall Road "� Project Site
3 , The Project Site is located at 2000 East Gene Autry Way(Assessor's Parcel Number[APN]232-
0 .,,,, ', 011-02,232-011-06,232-011-35,232-011-36,232-011-37,232-011-38,232-011-39,232-011-40,
2 /�,, - f wee 232-011-41,232-011-42,232-011-43,232-011-44,232-011-47,232-011-48.232-011-50)and
m
a Parcel 3(APN 083-270-47[portion])in the City of Anaheim,generally west of the State Route
57 and Santa Ana River,south of Katella Avenue,east of State College Boulevard,and north of
Orangewood Avenue.
�� ®� AThe Platinum Triangle,an approximately 820-acre area located in the south-central portion of
the City of Anaheim(City),is located generally east of Interstate 5(1-5),west of the Santa Ana
6� River Channel and State Route 57(SR 57),south of the Southern California Edison easement,
r
•„`,jL� <<�- �� 01 and north of the Anaheim City limit.The Platinum Triangle encompasses the Angel Stadium of
- \ z Anaheim,the Honda Center,the Grove of Anaheim,and surrounding light industrial buildings,
.9,,, industrial parks,distribution facilities,offices,hotels,restaurants,retail uses,and mixed uses,
�P- c"�KII
some of which are currently under construction.
y4Existing Site Conditions
r \ �1 o. The Project Site encompasses approximately 152 acres and is located within Sub-Area A of the
Stadium District of the Platinum Triangle Mixed Use(PTMU)Overlay Zone.The Project Site's
a elevation is generally flat.rib\Alisi,o4 .,
%`» The Project Site is currently developed with a 45,500-seat Major League Baseball Stadium
4 Ll (Angel Stadium)and associated parking;and the 40,828 square foot City National Grove of
Chapman Avenue-1 3 Anaheim—an indoor,live music theatre with approximately 1,700 seats.In addition,there is an
existing groundwater well located near the City National Grove of Anaheim.The Project Site does
� •' r not include the 261,696 square foot Stadium Gateway Office Building,located at 1900 S State
College boulevard.The Project Site is located approximately 600 feet southwest of the Anaheim
cF Regional Transportation Intermodal Center(ARTIC).
- E
d 7
-y �� �La Veta Avenue
t
SITE LOCATION
Il' 1--ISTADIUM MASTER SITE PLAN
4......
0. I B I ANAHEIM.CA
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Project Description
W""- '+g -- -- Surrounding Land Uses
Lh� �- =- The area surrounding the Project Site consists of a mix of residential,commercial,and
_ entertainment uses-Although office and commercial uses are currently the most prominent land
,. •--' _-.' • uses in the vicinity of the Project Site,recent developments have primarily been residential,with
""`- limited commercial,
y
wee r �' ' m North.The Project Site is bound to the north by Katella Avenue,North of Katella Avenue is
.......v....---,
' an office park,church,hotel,and fast-service restaurants.Northeast of the Project Site is the
- 1'*
y Stadium Towers Plaza office park,which contains a 12-story tower office building. ARTIC is
approximately 600 feet northeast of the Project Site.A mixed-use residential development,
` r >`� 'ti y`�- ' which includes the Catch restaurant,an apartment building and a McDonalds are at the
.. \ •-s ,'.1*1� northwest corner of the Project Site,southeast of Katella Avenue and State College Boulevard.
East.SR-57,the City of Orange,and the Santa Ana River bind the Project Site on the east.The
� .,.,..r; Santa Ana River Trail is located in the City of Orange and runs alongside the western portion of
:ivy--F "' • ,
. the river,adjacent to the Project Site.
.rK., c cI� 1 - .-. +i ! • ' I South.The Project Site is bound to the south by Orangewood Avenue,to the south of which
Ts is developed with the North Net Fire Training Facility,light industrial/business park uses,two
4 .r ® '• - ,. I't *,-1 �,. „...41,„...."--- , large brewery/restaurants,a small office building,a fast-food/drive-through restaurant,and the
-,.; 4.01. '-..--•,..,”
'••,` "- I. •� -k, 1,279-unit Gateway Apartment Homes(532 units are in the City of Orange).To the southwest,
+"t �."�a: .R diagonally across the Orangewood Avenue/State College Boulevard intersection,in the City of
.a-1' .. �:<ti' Orange,is a 14-story office tower and two one-story stand-alone restaurant buildings.
c vY'no..
�`� °"i= s• Southwest.To the southwest of the Project Site and northeast of the intersection of
'q.�' $ � � •t• ;'' - �' Orangewood Avenue and State College Boulevard,are an industrial building,vacant properties,
:lband the 340-unit George Apartments.The vacant properties and the industrial building are part
of the Project Site for the LT Platinum Center Development Project.
'd.d - I S .c-7 West.The Project Site is bound to the west by State College Boulevard,to the west of which
, • is developed with multi-family residential and commercial uses,including a six-story office
building and a five-story,250-unit,high-density apartment complex Anavia North of the Anavia
■ Ir1: ,;� ''!= " j a fi F'� a apartment complex is a nearly completed residential development that includes development
` i�+a� ''1y t of up to 1,079 apartments,including 12 live/work units and 14,600 square feet of retail
a -.i., development.
i;...
� '1 M
ANGEL STADIUM
� i 1--1 STADIUM MASTER SITE PLAN
SRB I B I ANAHEIM.CA
5
Project Description
TABLE 1-2.1-MASTER SITE PLAN DEVELOPMENT SUMMARY
1-2 STADIUM MASTER SITE PLAN'
Land Use Units Gross Building %of Total Gross
Through a Master Site Plan,the Applicant proposes to develop the Project Site with the Area(SF) Building Area
Proposed Project,which includes up to 5,175 dwelling units,2,700,000 square feet of office Residential(Dwelling Units)
uses,1,750.000 feet of commercial uses,approximately 5.2 acres of parks in accordance with Residential' 5,175 6,109,582
the requirements of the PTMU Overlay Zone,as described in the Table 1-2.1 Master Site Plan Subtotal 5175 6,109,582 52%
Development Summary.The Master Site Plan also makes provisions for a potential fire station. Commercial(Square Feet)
retention of an existing municipal water well facility,and a Community Benefit Park that would
be no less than 5 acres and no more than 8 acres to assist the City in meeting park space Retail 1,100,000
needs generated by past and expected-future development in the Platinum Triangle and on a Hotel 943 650,000
community-wide basis. Subtotal 1,750,000 15%
The Proposed Project includes the retention of the existing 45.500-seat Angel Stadium:however, Office(Square Feet)
the proposed DDA would allow the Applicant to replace the existing Stadium with a new stadium Office - 2,700,000
with the same number or fewer seats,if elected by the Applicant.The existing Stadium would Subtotal 2,700,000 23%
continue to operate during the construction of the replacement stadium.A second stadium,as Stadium
currently authorized by the PTMLUP and PTMU Overlay Zone,which would operate concurrently Existing(or Potential Replacement)Stadium - 1,132,567
with the existing Stadium(resulting in two sports stadiums on the Project Site)would not be Subtotal 1,132,567 10%
constructed.Thus,the maximum number of stadium seats in the completed Stadium District will Total 11,692,149 100%
remain 45,500 rather than the potential 119,543 seats contemplated by the Project Site's current
entitlements. Project Area Summary[Lot Area]
Gross Lot Area - 6,622,815
Exhibit 2-1 Master Site Plan depicts the proposed circulation and general roadway network plan Less:Public Parks" - (576,180)
for the Project Site with the existing Angel Stadium;a potential site for the Community Benefit Less:Potential Fire Station - (65,340)
Park;a potential fire station site;mobility hubs;and the Flexible Space.
Less:Arterial Streets[Future ROW dedication] - (35,443)
Exhibit 2-2 Master Site Plan-Replacement Stadium depicts the location of the potential Less:Connector Streets - (1,217,823)
replacement stadium in the event the Applicant elects to replace Angel Stadium at some Net Lot Area' 4,763,472
point in the future.In the event a replacement Stadium is constructed,Angel Stadium would Floor Area Ratio
be demolished,and"F"Street would be extended to connect to"D"Street.whose alignment Gross Building Area 11,692,149
would be slightly altered to accommodate the anticipated footprint of replacement stadium.The
maximum thresholds of the proposed development program will remain the same,whether or Net Lot Area 4,763,472
not a replacement is constructed. Floor Area Ratio 2.45
The Proposed Project also includes upgrades to existing infrastructure to serve the Proposed 'Residential Gross Building Area assumes an average unit size[net]of 928 square feet.for three product types
Project's land uses,as required by the Updated and Modified Mitigation Monitoring Program No. (podium,mid-rise,high-rise)of both for sale condominium and rental apartments,to which an average efficiency factor
106D,the DDA,conditions of approval,future Project-specific entitlements,and City and other of 78.6%was applied.Therefore,928 sf net/0.786=1,180 sf gross x 5,175 units=6,109,582 sf.
public agency regulations and requirements. 2Commercial—Retail square footage includes the 40,828 square feet of the existing City National Grove of Anaheim.
'Office—Gross building area includes office spaces within the existing Stadium[48.845 square feet]but excludes the
existing Stadium Gateway office building[261,696 square feet].
°Public Park includes 5.2 acres(227,700 square feet]required by Zoning Code plus between 5.0 and not more than
8.0 acres[348,480 square feet]of Community Benefit Park.
5 Net Lot Area includes net development parcels for all land uses excluding any right-of-way for roads,park
I---1STADIUM MASTER SITE PLAN dedications,and the Potential Fire Station site.
`�
SRB I B I I ANAHEIM,CA SF=square feet
r July 29.2(Y 6
Project Description
As outlined in the DDA,the Applicant will realize Project development in response to market Roadway Network
demand for Project uses,and accordingly neither the Applicant or the City know the precise
location and design of specific uses within the Project Site at this time.However,future site- The Project's street network.which will be comprised of private streets,will be designed
specific development applications will be subject to the review and approval of subsequent in conformance with the Platinum Triangle Master Land Use Plan.The street network will
entitlements.such as,but not limited to,a Vesting Tentative Tract Map and Final Site Pans. be designed to maximize the level of service for local traffic for residents,business,and
visitors to Project Site amenities,on both event and non-event days.The final roadway
As discussed earlier,the Master Site Plan is designed so that the Applicant may,while the geometry will be determined pursuant to future traffic study.
existing Stadium continues to operate,construct a replacement stadium.In that circumstance,
the existing Stadium will continue to operate until the replacement Stadium is completed.An Streets"A","B","C",and"D"are anticipated as the main internal connectors and serve
approximately 11-acre site upon which a potential replacement Stadium may be sited is located as the primary conduits,from Douglass Road,Katella Avenue,Gene Autry Way,State
to the east of the existing Stadium.On an interim basis this site will be utilized for parking and College Boulevard and Orangewood Avenue to central parking at three Mobility Hubs.
potential recreational use,and is referred to as Flexible Space.In the event that the Applicant
proposes to develop a replacement Stadium,the Applicant will apply for subsequent project- Streets"E","F","G","H",and"I"would define the neighborhood fabric,establishing a
specific approvals,including but not limited to a conditional use permit,based on its proposed scale suitable for a pedestrian oriented.walkable neighborhood.If a replacement stadium
design and operational characteristics,which will be subject to determination on whether further is constructed,proposed"F"Street would be extended to connect to with"D"Street
CEQA environmental review will be required in accordance with supplemental review standards. through the site of demolished Angel Stadium.
In the event that Applicant elects not to construct a new Stadium,the Flexible Space will provide When completed,the street network will provide for both internal circulation as well as
for additional development locations.
through connections between each primary vehicular access point to the Project Site.
The proposed maximum thresholds of the development program will remain the same,
as summarized in Table 1-2.1 Master Site Plan Development Summary,whether or not a Initially the Project Site will be operated as it is today(i.e.,surface parking supporting
replacement is constructed. the existing Stadium and other uses),and development will take place over time.It is
possible that full build-out of the Site pursuant to this plan could occur as soon as 2035.
The Project Site is currently comprised of two parcels(See Section 1-1 Project Site for Assessor No specific phasing or build-out plan is scheduled at this time,and individual buildings
Parcel Numbers).The PSA contemplates that,prior to conveyance of the Project Site to the and uses will be proposed in response to market needs in conformance with this Plan,the
Applicant,the Applicant will submit,for the City's review and approval,a proposed Vesting DDA,and the City's PTMU Overlay Zone.
Tentative Tract Map consistent with the Master Site Plan,DDA,conditions of approval,Updated
and Modified MMRP 106D,City and State subdivision law,and other applicable City and Public Parks and Open Space
public agency regulations and requirements to establish subdivision design and improvement
standards for the Project Site.Final Site plans will subsequently be processed in accordance As it is built out over time,the Project will incorporate local parks,open space,
with the City's PTMU Overlay Zone procedures as individual buildings and uses are proposed recreational amenities,and other community oriented uses.Based on the proposed
for construction.The development standards of the PTMU Overlay Zone will apply to Project maximum of 5,175 residential units proposed,approximately 5.2 acres of mini parks will
development. be provided on the Project Site in conformance with the City's PTMU Overlay Zone.The
Master Site Plan depicts a potential site for the additional Community Benefit Park that
In addition,concurrent with its submission of the Project's Vesting Tentative Tract Map,the would be no less than 5 acres but no more than 8 acres,to assist the City in meeting park
Applicant will submit,for the City's review and approval,an Urban Design Plan that will include space needs generated by past and expected-future development in the Platinum Triangle
comprehensive design guidelines for the Project's public realm and private improvements. outside of the Project Site.
For CEQA analysis purposes,it is estimated that full buildout could occur as soon as 2035.
to I-1 STADIUM MASTER SITE PLAN
SRB IBI I ANAHEIM.CA
l JULY
Project Description
Fire Station
The Proposed Project includes a dedicated site for the City's construction of a new fire station
on the Project Site.The fire station has not been designed at this time;however,it is anticipated
that the facility will be approximately 10,000 square feet.The Fire Station will be located on
a 1.5-acre site along State College Boulevard north of the existing Stadium Gateway Office
Building.
Parking and Mobility Hubs
All residential,commercial,retail and office space uses on the Project Site will be provided
with parking as each individual project and building is proposed and constructed.Parking
for non-stadium use will be as approved by the City in a shared parking analysis pursuant to
AMC section 18.20.120.0103. Parking for non-Stadium uses will be accommodated through a
combination of surface,subterranean and above-ground structured parking.
12,500 parking spaces are required for Stadium use.Also,additional parking will be provided
to accommodate existing Amtrak,Stadium Gateway Office Building,and Catch Restaurant.
On-site parking will be provided through a combination of surface,subterranean and above-
ground structured parking.Exhibit 2-1 Master Site Plan and Exhibit 2-2 Master Site Plan
-Replacement Stadium depict the location of potential Mobility Hubs that would house the
primary parking supporting the Stadium consistent with the Platinum Triangle Expansion Traffic
Study.In addition to providing parking,the Mobility Hubs also have the potential for shared
vehicle pick-up/drop-off,valet services,transit stops,active curb management and even
ground-floor retail.
BI ANAHEIM,STADIUM
ASTER SITE PLAN
SRB8
2 Master Site Plan ExhibitAgoSTADIUM s
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SITE PLAN
SRB 9
Exhibit 2-1: Master Site Plan
Project Area Summary(Acres)
Mixed Use Development Areas 98.7
Stadium 11.7 J0
Private Streets 28.0 `0\\aP �,�\`
Stadium Crossing 2
Community Benefit Park 7.0 . ti �'��
Public Mini-Parks(per PTMU Overlay) 5.2 / ��_ ¢-
Project Area 150.6 E Katella Ave r� Mobility ��_� r
Hub a
Potential Fire Station Site 1.5 e)
Arterial Streets[Future ROW dedication] 0.8 'A"Strut \ An
Gross Project Area 152.9 I trak 'li^troLnk
Project Development Allocation' o ,5,,,,!,-
Overall
p .
Maximum Residential Dwelling Units 5,175 ii "E"Street
Maximum Commercial Square Footage 1,750,000 I"E"Street Co \
Maximum Office Square Footage 2,700,000 I Mobility
I Stadium Hub
'Excludes the Existing Stadium site square feet 1 Gateway
-- - ------- `n
Mixed Use Development I "F"Street Existing
Stadium 0 '1 0
Community Benefit Park I- ----- . __ 5- v
E Gene Autry Way �"Street 3 1r p
Fire Station Site a i 5
m
CO C
Flexible Space of
Flexible Space preserves approximately 11 acres upon which a o I --- . "C"Street
i
potential Replacement Stadium may be sited.In the event that a V I e- 1
m
Replacement Stadium is not constructed,the Flexible Space will m i
provide for additional development locations. N I_
co -----____.-
"G"Street
-__-_—
Internal Private Streets [Final location TBD]
Artisan Ct —��� � _ _-
Site Boundary 1;' Mobility!cn (7) Hub N
iL
n Municipal Water Well Facility (To remain asCity-owned facility] !
Stadium Gateway Office Building (Not apart(NAM
1
E Orangewood Ave L------- \--I /
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ro
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t1 1 r-1 STADIUM MASTER SITE PLAN v) cc leiliidigi 401s,,,,
SRBI B I ANAHEIM.CA
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Exhibit 2-2: Master Site Plan - Replacement Stadium
Project Area Summary(Acres)
Mixed Use Development Areas 98.7
Stadium 11.7 ,e
Private Streets 28.0 �E``�P \ ��
Starimm Crossing y� `�
�
Community Benefit Park 7.0 �0. )3 --,.'--.
/ --.-
Public Mini-Parks(per PTMU Overlay) 5.2 - �-..., 4-
Project Area 150 6 E Katon A`- i Mobility '�.` �yy
Hub �.� SI
Potential Fire Station Site 1.5 G)
\\
Arterial Streets[Future ROW dedication] 0.8 "A"Street .4ihtr
Gross Project Area 152.9 j Pak/A,
Overall Project Development Allocation` 2 „o Skteete
Maximum Residential Dwelling Units 5,175E"Street
\
Maximum Commercial Square Footage 1,750,000 I" n E"Street Co \
Maximum Office Square Footage 2,700,000 Mobility \
Stadium,_! Hub
'Excludes the Existing Stadium site square feet Gateway) I \\
I
\
Mixed Use Development "F"Street Replacement \
Stadium \
S
Community Benefit Park >, n
/ No
E Gene Autry Way (_"C'Street 3
b / 9
Fire Station Site i
I .. _ aS
II /
rn ¢
\ /
m I "C"Street
mI — /� /
is /
cn
N "G"Street
Artisan Ct L______
�__�—__�� — —
Internal Private Streets [Final location Teo] /
) °� Mobility /
-- Site Boundary Hub /
n /
0 Municipal Water Well Facility (To remain as City-owned facility) _ o
Stadium Gateway Office Building (Not a port(NAP)] ! /
/
E Orangewood Ave �---------- �� I /
s
65
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ANAHEIM.STADIUM
A
SRBSTER SITE PLAN C-.)
Co o' too'200' soo'
2
3 Infrastructure Improvements
�� r1 STADIUM MASTER SITE PLAN
SRB � B I ANAHEIM,CA
JULY zs.zozo 12
Infrastructure Improvements
3-1 INFRASTRUCTURE IMPROVEMENTS Traffic Circulation
Leveraging current City practices,traffic direction and lane usage will be managed on game
The Proposed Project also includes upgrades to existing infrastructure to serve the Proposed days to ensure level of service requirements are achieved on the Mobility Hub connectors.An
Project's land uses,as required by SEIR No.339 and subsequent Addenda.These upgrades event traffic management plan will be proposed to manage event traffic entering and exiting the
include dedicating land for road widening along Katella Avenue.State College Boulevard,and Project Site on stadium event days.and to adequately separate event from non-event traffic
Orangewood Avenue. within the Project Site.Select streets or portions of streets(such as"D"adjacent to the stadium)
In addition,connections to existing and installation of new water.electric,sewer,and storm may be closed to vehicular traffic during games to enhance the pedestrian experience.
drain infrastructure are proposed.Infrastructure sizing and phasing will be determined in
connection with tentative subdivision mapping of the Project Site.Required upgrades will be Anaheim Connects-Street Car
determined in conjunction with project-specific entitlement applications and subsequent tiered The City of Anaheim is undergoing planning efforts as part of the Anaheim Connects study to
environmental review as Project uses and their proposed locations becomes known.Additional transform transportation and transit solutions in the Platinum Triangle Planning Area.The study
information on proposed water,electric,sewer,and storm drain infrastructure is provided below. seeks to provide opportunities to public/private partnerships,improve pedestrian and bicycle
• Water.A loop system is proposed that will supply the property for domestic use and fire connections along the Santa Ana River,and improve the East/West transit connections between
flow demands.In addition,recycled water service is anticipated to connect to the existing ARTIC and the Anaheim Resort Area.As part of this East/West transit connection,the Applicant
recycled water line at State College Boulevard/Gene Autry Way.Irrigation to the larger is aware the City is studying a Street Car alignment that would provide potential stop(s)within
landscaped areas and parks will be served by this system to reduce dependency/de- the Project Site.While the City has not made any decisions regarding the alignment,design or
mands on the domestic water system. system to be employed.the Project can accommodate potential stops in the future,if needed.
• Electric.A new electric system network will be established based on the Proposed
Project layout.This network will comprise of existing electric systems currently on-site,
relocation of existing electric systems to accommodate proposed improvements,and
new electric line extensions to provide sufficient capacity to the proposed improvements
within the Platinum Triangle project area.
• Sewer.The Project proposes to connect to the existing 15-inch sewer{'I in Gene Autry
Way/State College Boulevard,and to the Orange County Sanitation District main in State
College Boulevard at or near the future Artisan Court to meet anticipated demand.
• Storm Drain.The drainage is all tributary to the Santa Ana River.An existing Orange
County Flood Control District box culvert currently traverses the property.The Project
proposes to leave this facility in-place.
1,1This sewer was owned and maintained by the Convention Sports and Entertainment Department.
I1' STADIUM MASTER SITE PLAN
I B I ANAHEIM.CA
SRB
13
EXHIBIT C
SCEA MITIGATION MEASURES
(ATTACHED)
SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM
NO. 106D FOR THE PLATINUM TRIANGLE
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
MITIGATION MONITORING PROGRAM NO. 106D
CEQA Action:Sustainable Community Environmental Assessment
1. Project Description-
• Certify Sustainable Community Environmental Assessment and adopted Updated and
Modified Mitigation Monitoring Program No. 106D
• Zoning Code Amendment(ZCA2020-00171)
• Disposition and Development Agreement(DAG2020-00002)
• Reorganization-the proposed reorganization of 0.302 acre from the City of Orange into the
City of Anaheim and concurrent amendment of the boundary of the City's sphere of
influence
• Property Tax Exchange Agreement between the City of Orange and the City of Anaheim
• Amendment to the Purchase and Sales Agreement to modify terms in the Purchase and Sale
Agreement approved by City Council on December 20, 2019, related to purchase price,
method of payment, deposit, closing schedule and conditions precedent for closing.
• Other Subsequent Discretionary City Actions (e.g.,Vesting Tentative Tract Map,Subdivision
Maps, Final Site Plans, Conditional Use Permits)
2. Property Owner/Developer-
SRB Management LLC(Project Applicant)
2850 W. Horizon Ridge Pkwy.,Suite 200
Henderson, Nevada 89052
Attention: Alex Winsberg,Secretary
3. Environmental Equivalent/Timing-Any Mitigation Measure and timing thereof, subject to the
approval of the City,which will have the same or superior result and will have the same or
superior effect on the environment.The Planning& Building Department, in conjunction with
any appropriate agencies or City departments,shall determine the adequacy of any proposed
"environmental equivalent/timing" and, if determined necessary, may refer said determination
to the Planning Commission.Any costs associated with information required in order to make a
determination of environmental equivalency/timing shall be borne by the property owner/
developer. Staff time for reviews will be charged on a time-and-materials basis at the rate in the
City's adopted fee schedule.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
4. Timing-This is the point where a mitigation measure must be monitored for compliance. In the
case where multiple action items are indicated, it is the first point where compliance associated
with the mitigation measure must be monitored. Once the initial action item has been complied
with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur
because routine City practices and procedures will ensure that the intent of the measure has
been complied with. For example, if the timing is "to be shown on approved building plans"
subsequent to issuance of the building permit consistent with the approved plans will be final
building and zoning inspections pursuant to the building permit to ensure compliance.
5. Responsibility for Monitoring-Shall mean that compliance with the subject mitigation
measure(s)shall be reviewed and determined adequate by all departments listed for each
mitigation measure.
6. Ongoing Mitigation Measures- The mitigation measures that are designated to occur on an
ongoing basis as part of this mitigation monitoring program will be monitored in the form of an
annual letter from the property owner/developer in January of each year stating how
compliance with the subject measure(s) has been achieved. When compliance with a measure
has been demonstrated for a period of one year, monitoring of the measure will be deemed to
be satisfied and no further monitoring will occur. For measures that are to be monitored
"Ongoing During Construction,"the annual letter will review those measures only while
construction is occurring. Monitoring will be discontinued after construction is completed.
7. Building Permit-For purposes of this mitigation monitoring program, a building permit shall be
defined as any permit issued for construction of a new building or structural expansion or
modification of any existing building but shall not include any permits required for interior
tenant improvements or minor additions to any existing structure or building.
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020
ANAHEIM,CALIFORNIA
Responsible for
Measure No. Turning Measure Monitoring Completion
Air Quality
MM 2-1 Ongoing during Ongoing during grading and construction,the property owner/developer shall be Grading-
grading and responsible for requiring contractors to implement the following measures to reduce Public Works
construction construction-related emissions;however,the resultant value is expected to remain Department,
significant. Engineering Services
Division
1. The contractor shall ensure that all construction equipment is being properly (Development
serviced and maintained in accordance with the manufacturer's recommendations Services);
to reduce operational emissions.
2. The contractor shall use Tier 3 or higher,as identified by the United States Construction/Buildin
Environmental Protection Agency,off-road construction equipment with higher air g Permits-
pollutant emissions standards for equipment greater than 50 horsepower,based Planning&Building
on manufacturer's availability. Department,
Planning Services
3. The contractor shall utilize existing power sources(e.g.,power poles)or clean-fuel Division
generators rather than temporary diesel-power generators,where feasible.
MM 2-2 Ongoing during Ongoing during grading and construction,the property owner/developer shall Grading-
grading and implement the following measures in addition to the existing requirements for fugitive Public Works
construction dust control under South Coast Air Quality Management District Rule 403 in order to Department,
reduce PM10 and PM2,5 emissions.To assure compliance,the City shall verify Engineering Services
compliance that these measures have been implemented during normal construction Division
site inspections.The measures to be implemented are listed below: (Development
Services);
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 a minimum control efficiency for Construction/Buildin
g Permits-
PM10 of 5 percent. Planning&Building
b. During all grading activities,the property owner/developer's construction Department,
contractor shall apply chemical soil stabilizers to on-site haul roads to achieve a Planning Services
control efficiency for PM10 of 85 percent compared to travel on unpaved,untreated Division
roads.
c. The property owner/developer's construction contractor shall phase grading to
prevent the susceptibility of large areas to erosion over extended periods of time.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
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 PM10—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 winds speeds exceed 25 miles per hour to achieve an emissions
control efficiency for PM10 under worst-case wind conditions of 98 percent.
g. During all construction activities,the property owner/developer's construction
contractor shall maintain a minimum 12-inch freeboard on trucks hauling dirt,
sand,soil,or other loose materials and tarp materials with a fabric cover or other
suitable means to achieve a control efficiency for PM10 of 91 percent.
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 PM10 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 PM10 of 10 percent.
j. During scraper unloading and loading,the property owner/developer's
construction contractor shall ensure that actively disturbed areas maintain a
minimum soil moisture content of 12 percent by use of a moveable sprinkler
system or water truck to achieve a control efficiency for PM10 of 69 percent.
k. During all construction activities,the property owner/developer's construction
contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15
miles per hour to achieve a control efficiency for PM10 of 57 percent.
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 2-3 Prior to approval of Prior to approval of each grading plan(for Import/Export Plan)and prior to issuance of Public Works
each grading plan each demolition permit(for Demolition Plans),the property owner/developer shall Department,
(for Import/Export submit Demolition and Import/Export Plans detailing construction and demolition Engineering Services
Plan)and prior to (C&D)recycling and waste reduction measures to be implemented to recover C&D Division(Traffic and
issuance of materials.These plans shall include identification of off-site locations for materials Transportation)
demolition permits export from the project and options for disposal of excess material.These options may
(for Demolition include recycling of materials on-site or to an adjacent site,sale to a soil broker or
Plans) 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.
MM 2-4 Prior to issuance of Prior to issuance of each building permit,the property owner/developer shall submit Planning&Building
each building evidence that high-solids or water-based low emissions paints and coatings are Department,Building
permit utilized in the design and construction of buildings,in compliance with South Coast Air Division
Quality Management District's regulations.This information shall be denoted on the
project plans and specifications.Additionally,the property owner/developer's shall
specify the use of high volume/low-pressure spray equipment or hand application.Air-
atomized spray techniques shall not be permitted.Plans shall also show that property
owner/developers shall construct/build with materials that do not require painting,or
use prepainted construction materials,to the extent feasible.
MM 2-5 In accordance with In accordance with the timing required by the City Traffic Engineer,but no later than Public Works
the timing required prior to the first final Building and Zoning inspection,the property owner/developer Department,
by the City Traffic shall implement the following measures to reduce long-term operational CO,NOR, Engineering Services
Engineer,but no ROG,and PM10emissions: Division(Traffic and
later than prior to Transportation'
the first final 1. Traffic lane improvements and signalization as outlined in the Revised Platinum
Building and Zoning Triangle Expansion Project Draft Traffic Study Report,Parsons Brinckerhoff,August
inspection. 2010,the LT Platinum Center Traffic Study,LSA,August 2016,Project Traffic Study
under MM 9-6 and Master Plan of Arterial Highways(MPAH)shall be implemented
as required by the City Traffic Engineer.
2. The property owner/contractor shall place bus benches and/or shelters as required
by the City Traffic Engineer at locations along any site frontage routes as needed.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 2-6 Prior to approval of Prior to approval of building permits,the property owner/architect shall submit Planning&Building
building permits energy calculations used to demonstrate compliance with the performance approach Department,
to the California Energy Efficiency Standards to the Building Division,Planning& Building Division
Building Department 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:
https://www.energy.gov/energysaver/design/energy-efficient-home-design/cool-
roofs 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
buildings.
MM 2-7 Prior to Issuance of Applicants for new residential developments in the Platinum Triangle Master Land Use Planning&Building
building permits; Plan within 500 feet of Interstate 5(1-5)or State Route 57(SR-57)shall be required to Department,
install high efficiency Minimum Efficiency Reporting Value(MERV)filters of MERV 14 Planning Services
Prior to final or better in the intake of residential ventilation systems.MERV 14 filters have a Division
building and zoning Particle Size Efficiency rating of 90 percent for particulates 1.0 micron to 3.0 microns
inspections; in size and a Particle Size Efficiency rating of 75 to 85 percent for particles 0.3 to 1.0
micron in size.A MERV 14 filter creates more resistance to airflow because the filter
Ongoing during media becomes denser as efficiency increases.Heating,air conditioning,and
operations ventilation systems shall be installed with a fan unit designed to force air through the
MERV 14 filter.To ensure long-term maintenance and replacement of the MERV 14
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. liming Measure Monitoring Completion
filters in the individual units,the following shall occur:
a. Developer,sale,and/or rental representative shall provide notification to all
affected tenants/residents of the potential health risk from 1-5/5R-57 for all
affected units.
b. For rental units within 500 feet of the I-5/SR-57,the owner/property manager shall
maintain and replace MERV 14 filters in accordance with the manufacturer's
recommendations.The property owner shall inform renters of increased risk of
exposure to diesel particulates from I-5 or SR-57 when windows are open.
c. For residential owned units within 500 feet of I-5/SR-57,the homeowner's
association(HOA)shall incorporate requirements for long-term maintenance in the
Covenant,Conditions,and Restrictions and inform homeowners of their
responsibility to maintain the MERV 14 filter in accordance with the manufacturer's
recommendations.The HOA shall inform homeowners of increased risk of exposure
to diesel particulates from I-5/SR-57 when windows are open.
MM 2-8 Prior to approval of Based on the recommended buffer distances of the California Air Resources Board, Planning&Building
any final site plan applicants for new developments in the Platinum Triangle shall place residential Department,
structures and active outdoor recreational areas outside of the recommended buffer Planning Services
distances to the following stationary air pollutant sources: Division
1. 1,000 feet from the truck bays with an existing distribution center that
accommodates more than 100 trucks per day,more than 40 trucks with operating
transport refrigeration units,or where transport refrigeration unit operations
exceed 300 hours per week.
2. 1,000 feet from an existing chrome plating facility.
3. 300 feet from a dry-cleaning facility using perchloroethylene using one machine
and 500 feet from dry-cleaning facility using perchloroethylene using two
machines.
4. 50 feet from gas pumps within a gas-dispensing facility and 300 feet from gas
pumps within a gasoline-dispensing facility with a throughput of 3.6 million gallons
per year or greater.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 2-9 Prior to approval of All outdoor active-use public recreational areas associated with development projects Planning&Building
any final site plan shall be located more than 500 feet from the nearest lane of traffic on Interstate 5 and Department,
State Route 57. Planning Services
Division
MM 2-10 Prior to approval of For projects located within 1,000 feet of an industrial facility that emits substantial Planning&Building
any final site plan odors,which includes but is not limited to: Department,
1. wastewater treatment plants Planning Services
Division
2. composting,greenwaste,or recycling facilities
3. fiberglass manufacturing facilities
4. painting/coating operations
5. coffee roasters
6. food processing facilities
Project Applicant shall submit an odor assessment to the Planning&Building
Department Director prior to approval of any future discretionary action that verifies
that the South Coast Air Quality Management District(SCAQMD)has not received
three or more verified odor complaints.If the Odor Assessment identifies that the
facility has received three such complaints,the applicant will be required to identify
and demonstrate that Best Available Control Technologies for Toxics(T-BACTs)are
capable of reducing potential odors to an acceptable level,including appropriate
enforcement mechanisms.T-BACTs may include,but are not limited to,scrubbers at
the industrial facility,or installation of Minimum Efficiency Reporting Value(MERV)
filters rated at 14 or better at all residential units.
Biological Resources
MM BIO-1 Prior to Prior to commencement of grading or demolition,the City of Anaheim Planning and Planning&Building
commencement of Building Department Director,or his/her designee,shall verify that all project grading Department,
grading or and construction plans include specific documentation regarding the requirements of Planning Services
demolition the Migratory Bird Treaty Act(MBTA)(16 United States Code§§703-712)and Division
California Fish and Game Code Section 3503.If construction activities occur during the
nesting bird season(January 15 through September 15 for raptors and February 15
through August 31 for songbirds)no more than 3 days prior to ground disturbance,
vegetation removal,or construction activities,areas within 500 feet of such activities
(including parking lot trees,landscaping,and the Big A sign)shall be surveyed for
active nests by a qualified biologist.The purpose of the nesting bird survey is to
ensure compliance with applicable aspects of the MBTA and California Fish and Game
Code,that preconstruction surveys are completed and the results reviewed by staff,
and that the appropriate buffers(if needed)are established in the field with visible
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
fencing.
Should nesting birds be found,an exclusionary buffer shall be established by the
qualified biologist,based on consideration of the bird species,the stage of nesting,
and the nature of the adjacent construction activity.At minimum there will be 300
feet from the nest site in all directions(500 feet for raptors).The qualified biologist
shall conduct a consultation with the California Department of Fish and Wildlife before
finalizing an exclusionary buffer.This buffer shall be clearly marked in the field with
visible fencing by construction personnel under the guidance of the qualified biologist,
and construction or clearing shall not be conducted within this zone until the qualified
biologist determines that the young have fledged or the nest is no longer active.
Cultural Resources
MM CUL-1 Prior to issuance of Prior to issuance of building permits for any alteration,relocation,demolition,or Planning&Building
building permits for reconstruction of the Big A,including impacts that may be associated with Department,
any alteration, construction-related vibration,the City of Anaheim,the Planning and Building Planning Services
relocation, Department Director,or designee,shall ensure that the following measures are Division
demolition,or incorporated into the Project design:
reconstruction of • An impacts assessment shall be required using the applicable Secretary of the
the Big A Interior's Standards for the Treatment of Historic Properties(5015)to ensure that
the historical significance of the Big A will not be impaired in the relocation
process.'
• HABS/HAER(Historic American Building Survey/Historic American Engineering
Record)documentation of the Big A sign structure shall be performed prior to any
work being done.
• In the event that the Big A needs to be repaired or replaced or its location is
redeveloped requiring relocation of the sign,compliance with applicable SOIS,as
well as National Park Service Preservation Brief#25(The Preservation of Historic
Signs)shall be required.
Energy
MM 2-1 Please refer to the Air Quality section.
MM 2-6 Please refer to the Air Quality section.
1 The intent of the SOIS is to facilitate the long-term preservation of significant resources,in part by providing a process that makes possible an
efficient contemporary use while preserving the features that are significant to its historic value. In the case of the Big A, it is understood that as a
sign it has been subject to change throughout its history, however, it retains its dominant character-defining features including the overall
dimensions and A-frame design with a halo.
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STADIUM DISTRICT SUB-AREA A PROTECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 9-1 Please refer to the Transportation section.
MM 9-2 Please refer to the Transportation section.
MM 10-21 Please refer to the Utilities section
MM 10-22 Please refer to the Utilities section.
MM 10-23 Please refer to the Utilities section.
MM 10-24 Please refer to the Utilities section.
MM 10-25 Please refer to the Utilities section.
MM 10-26 Please refer to the Utilities section.
MM 10-27 Please refer to the Utilities section.
Geology and Soils
**The following Mitigation Measures were included in SEIR No.339 from MMP No.106A,prepared for SEIR No.332
MM 5.3-1** Prior to approval of Prior to approval of a grading plan,if within a Seismic Hazard Zone,the property Public Works
a grading plan owner/developer shall submit to the Public Works Department a site specific report in Department,
compliance with DMG Special Publication 117,Guidelines for Evaluating and Engineering Services
Mitigating Seismic Hazards in California.The report shall be prepared by an Division
engineering geologist and geotechnical engineer.All grading shall be in conformance (Development
with Title 17 of the City of Anaheim Municipal Code. Services)
MM 5.3-2** Prior to issuance of Prior to issuance of a building permit,the property owner/developer shall submit to Planning&Building
a building permit the Planning&Building Department,Building Division,for review and approval, Department,
detailed foundation design information for the proposed buildings,prepared by a civil Building Division
engineer,based on recommendations of a geotechnical engineer.
MM 5.3-3** Prior to issuance of Prior to issuance of a building permit,the property owner/developer shall submit to Planning&Building
a building permit the Planning&Building Department,Building Division,a report prepared by a Department,
geotechnical engineer for review and approval which shall investigate the subject Building Division
foundation excavations.
MM 5.3-4** Prior to issuance of Prior to issuance of a building permit,the property owner/developer shall submit to Planning&Building
a building permit the Planning&Building Department,Building Division,plans showing that the Department,
proposed structure(s)has been analyzed for earthquake loading and designed Building Division
according to the most recent seismic standards in the Uniform Building Code adopted
by the City of Anaheim.
MM 5.3-5** Prior to final Prior to final building inspection,for any proposed hotel uses,the property owner/ Planning&Building
building inspection developer shall submit an earthquake emergency response plan to the Planning& Department,
Building Department,Building Division,for review and approval.The plan shall require Building Division
posted notices in all hotel rooms and earthquake safety procedures and incorporate
on-going earthquake training for hotel staff.
MM 5.3-6** On-going during On-going during grading operations,the property owner/developer shall implement Public Works
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
grading operations standard practices from City Ordinance(Title 17)and policies to the satisfaction of the Department,
Public Works Department,Development Services Division. Engineering Services
Division
(Development
Services)
MM GEO-1 Prior to the Prior to the commencement of issuance of any demolition or grading plan,whichever Planning&Building
commencement of occurs first,the Developer shall provide evidence to the Planning and Building Department,
issuance of any Department Director,or his/her designee,demonstrating that the requirements of Planning Services
demolition or this mitigation are included in the contracts with contractors performing the work.All Division
grading plan on-site construction personnel shall receive Worker Education and Awareness
Program(WEAP)training to understand the regulatory framework that provides for
protection of paleontological resources and shall become familiar with diagnostic
characteristics of the materials with the potential to be encountered.In the event that
paleontological resources are discovered during excavation,grading,or construction
activities,work shall immediately cease within 50 feet of the find until a qualified
Paleontologist(i.e.,a practicing paleontologist who meets the standards set by the
Society of Vertebrate Paleontology)has evaluated the find in accordance with federal,
State,and local guidelines.Construction personnel shall not collect or move any
paleontological materials and associated materials.Construction activity may continue
unimpeded on other portions of the Project Site.If any fossil remains are discovered in
sediments with a Low paleontological sensitivity rating,the paleontologist shall make
recommendations as to whether monitoring shall be required in these sediments on a
full-time basis.Prior to commencement of grading activities,the Planning and Building
Department Director,or his/her designee,shall verify that all Project grading and
construction plans specify federal,State,and local requirements related to the
unanticipated discovery of paleontological resources as stated above and that the
Developer has retained a qualified Paleontologist to conduct the WEAP training and to
assess any paleontological materials on an on-call basis.
Greenhouse Gas
MM 2-3 Please refer to the Air Quality section.
MM 2-5 Please refer to the Air Quality section.
MM 2-6 Please refer to the Air Quality section.
MM 9-1 Please refer to the Transportation section.
MM 9-2 Please refer to the Transportation section.
MM 9-13 Please refer to the Transportation section.
MM 9-15 Please refer to the Transportation section.
MM 10-7 Please refer to the Utilities section.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 10-10 Please refer to the Utilities section
MM 10-12 Please refer to the Utilities section
MM 10-13 Please refer to the Utilities section
MM 10-14 Please refer to the Utilities section
MM 10-18 Please refer to the Utilities section
MM 10-19 Please refer to the Utilities section
MM 10-20 Please refer to the Utilities section
MM 10-21 Please refer to the Utilities section
MM 10-22 Please refer to the Utilities section.
MM 10-24 Please refer to the Utilities section.
Hazards and Hazardous Materials
**The following Mitigation Measures were included in SEIR No.339 from MMP No.106A,prepared for SEIR No.332
MM 5.4-1** On-going during On-going during demolition and construction,in the event that hazardous waste is Planning&Building
demolition and discovered during site preparation or construction,the property owner/developer Department,
construction shall ensure that the identified hazardous waste and/or hazardous material is handled Planning Services
and disposed of in the manner specified by the State of California Hazardous Division;
Substances Control Law(Health and Safety Code,Division 20,Chapter 6.5)and
according to the requirements of the California Code of Regulations,Title 22,Division Anaheim Fire&
4.5. In addition,the property owner/developer shall report the finding of hazardous Rescue
waste to the Orange County Health Care Agency and Anaheim Fire&Rescue.
MM 5.4-2** On-going during On-going during project operation,the applicant shall handle and dispose of all Planning&Building
project operation hazardous materials and wastes during the operation and maintenance of facilities in Department,
accordance with the State codes identified in Mitigation Measure No.5.4-1 and under Planning Services
Anaheim Fire&Rescue supervision. Division
Anaheim Fire&
Rescue
MM 5.4-3`• Prior to issuance of Prior to issuance of first residential building permit,the property owner/developer for Planning&Building
first residential future residential projects shall send a Notification Letter to businesses in proximity to Department,
building permit the project to inform them of the presence of the sensitive use(i.e.,residential land Planning Services
uses).The letter shall request that the mixed-use project property owner/residents be Division
notified of any accident at the nearby businesses that may involve the release of
hazardous substances.The Good Neighbor Program shall also require that the project
property owner/developer prepare a Safety Plan,which shall be implemented and
on-going during project operation,that includes staff training,emergency tools,and
first aid provisions,supervision of children or other individuals in an emergency
situation,and a shelter-in-place program for instances when evacuation is not
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
appropriate or practicable.
MM 5.4-4'• Prior to final Prior to final Building and Zoning inspections,the owner/developer for future Planning&Building
Building and Zoning residential projects shall prepare and submit to the Planning&Building Department, Department,Building
inspections Building Division,a Safety Plan,which shall be implemented on-going during project Division
operation that includes staff training,emergency tools,and first aid provisions,
supervision of children or other individuals in an emergency situation,and a shelter-
_ in-place program for when evacuation is not appropriate or practicable.
MM 5.4-5•: Prior to final Prior to final Building and Zoning inspections,for any residential project within 1,000 Planning&Building
Building and Zoning feet of a use that has the potential to release substantial amounts of airborne Department,Building
inspections hazardous materials,the project property owner/developer shall submit a shelter-in- Division
place program to the Planning&Building Department,Building Division,review and
approval.The shelter-in-place program shall require the property owner/developer to
purchase a subscription to a service that provides"automated emergency
notification"to individual residents(subject to meeting minimum standards set by the
City)of the project.
• The property owner/developer shall be required to purchase a minimum 10-year
subscription to such a service that would include periodic testing(at least
annually).
• The CC&Rs for each individual project shall require that each property owner
and/or project Homeowners Association(HOA):
o Maintain a subscription following expiration of the initial purchased
subscription.
o Maintain,in a timely manner,the database of resident phone numbers in
conjunction with the service.
o Provide appropriate agencies(police,fire,other emergency response as
identified by the City)with information on how to activate the notification via
the service provider.
The CC&Rs for each individual project shall require that each resident provide the
property owner/HOA with a current phone number for the residence and/or
individual residents.This would include timely notification following the sale of a unit
and would require notification if the unit were rented or leased or subject to any
other change in occupancy.
MM 5.4-6•• Prior to issuance of Prior to issuance of grading permits for each development project,a Phase I Site Planning&Building
grading permits for Assessment shall be prepared by the property owner/developer and submitted to the Department,
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. _ Turning Measure Monitoring Completion
each development City of Anaheim Public Works Department,Development Services Division,for review Planning Services
project and approval.If actual or potential impacts are identified by the Phase I,a Phase II ESA Division;
will be completed for the site by the owner/developer and the results will be
submitted to the Planning&Building Department.During the Phase II ESA,samples Anaheim Fire&
from potential areas of concern will be collected and submitted for laboratory analysis Rescue
to confirm the nature and extent of potential impacts.If hazardous materials are
identified during the site assessments,the property owner/developer shall notify the
finding to the Anaheim Fire&Rescue and the appropriate response/remedial
measures will be implemented in accordance with the directives of the OCHCA and/or
the Regional Water Quality Control Board(RWQCB),as appropriate.If soil is
encountered during site development that is suspected of being impacted by
hazardous materials,work will be halted and site conditions will be evaluated by a
qualified environmental professional.The results of the evaluation will be submitted
to OCHCA and/or RWQCB,and the appropriate response/remedial measures will be
implemented,as directed by OCHCA,RWQCB,or other applicable oversight agency,
until all specified requirements of the oversight agencies are satisfied and a no-
further-action status is attained.
MM 5.4-7** Prior to issuance of Prior to issuance of a grading permit or a demolition permit for any building,an Planning&Building
a grading permit or asbestos survey shall be conducted and submitted to the Planning&Building Department,Building
a demolition permit Department,Building Division,by the property owner/developer. If the materials are Division
for any building found to contain asbestos fibers,demolition shall be conducted in accordance with
the remediation and mitigation procedures detailed in Remediation Procedures
Report,and in accordance with Federal,State and local law.Buildings constructed
prior to 1973 shall be screened for lead-based paint prior to demolition.If lead-based
paint is identified,it shall be mitigated in accordance with the procedures set forth in
the Remediation Procedures Report.
Hydrology and Water Quality
**The following Mitigation Measure was included in SEIR No.339 from MMP No.106A,prepared for SEIR No.332
***The following Mitigation Measure was included in the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy(RTP/SCS)Program
Environmental Impact Report
MM 3-2 At least 90 days Prior to the initiation of grading activities,for projects greater than one acre,coverage Public Works
prior to the for the project must be obtained by electronically submitting permit registration Department,
initiation of grading documents to the State or obtaining coverage via current general construction permit Engineering Services
activities prescribed method by the property owner/developer pursuant to State and Federal Division
National Pollution Discharge Elimination System(NPDES)requirements.As part of the jDevelopment
NOI,a Storm Water Pollution Prevention Plan(SWPPP)shall be prepared.The Services).
property owner/developer shall also prepare and submit to the Development Services
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
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 will describe the structural and
nonstructural BMPs that will be implemented during construction(short-term)within
the Project Area and the WQMP describes the BMPs for long-term operation of the
Project Area that address potential impacts to surface waters.The BMPs selected shall
be consistent with the Water Quality Technical Report for the Proposed Project.
MM 5.5-3** Prior to approval of The City Engineer shall review the location of each project to determine if it is located Public Works
Project Vesting within an area served by deficient drainage facilities,as identified in the Platinum Department,
Tentative Tract Triangle Drainage Study.If the project will increase storm water flows beyond those Engineering Services
Map; programmed in the appropriate master plan drainage study for the area or if the Division
project currently discharges to an existing deficient storm drain system or will create a jDevelopment
Prior to issuance of deficiency in an existing storm drain,the property owner/developer shall be required Services1
grading permit to guarantee mitigation of the impact to adequately serve the area to the satisfaction
of the City Engineer and City Attorney's Office.The property owner/developer shall be
Prior to approval of required to install the drainage facilities,as required by the City Engineer to mitigate
each final site plan; the impacts of the proposed development based upon the Development Mitigation
within Benefit Zones(Appendix E of The Platinum Triangle Drainage Study),prior to
acceptance for maintenance of public improvements by the City or final Building and
Prior to acceptance Zoning inspection for the building/structure,whichever occurs first.Additionally,the
for maintenance of property owner/developer shall participate in the Infrastructure Improvement(Fee)
public Program,if adopted for the Project Area,as determined by the City Engineer,which
improvements by could include fees,credits,reimbursements,construction,or a combination thereof.
the City or final
Building and Zoning
inspection for the
building/structure,
whichever occurs
first
MM-HYD- Prior to issuance of Prior to issuance of grading or building permits,the City of Anaheim,Development Public Works
2(b)*** each grading permit Services Division of the Public Works Department,shall ensure that the Department,
or building permit Applicant/Developer has incorporated the following best management practices Engineering Services
(BMPs)into the Project design: Division
(Development
• Maximize,where practical and feasible,permeable surface area in existing Services)
urbanized areas to protect water quality,reduce flooding,and allow for
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
groundwater recharge.Minimize to the greatest extent possible,new impervious
surfaces,including the use of in-lieu fees and off-site mitigation.
• Avoid designs that require continual dewatering where feasible.
• Reduce hardscape to the extent feasible to facilitate groundwater recharge as
appropriate.
Noise
MM 5-1 Prior to approval of Prior to approval of street improvement plans for any project-related roadway Planning&Building
street improvement widening,the City shall retain a qualified acoustic engineer to design project Department,
plans for any acoustical features that will limit traffic noise at noise sensitive uses to levels that are Planning Services
project-related below the City's noise ordinance.These treatments shall be noted on the street Division;
roadway widening improvement plans to the satisfaction of the Public Works and Planning&Building
Departments and may include,but are not limited to,the replacement of windows Public Works
and doors at existing residences with acoustically rated windows and doors. Department,
Engineering Services
Division
(Development
Services)
MM 5-2 Prior to issuance of Prior to issuance of a building permit,the project property owner/developers shall Planning&Building
a building permit submit a final acoustical report prepared to the satisfaction of the Planning&Building Department,Building
Department Director.The report shall show that the development will be sound Division
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 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
The property owner/developer shall submit the noise mitigation report to the
Planning&Building Department Director for review and approval.Upon approval by
the City,the project acoustical design features shall be incorporated into construction
of the Proposed Project.
MM 5-3 Prior to the first Prior to the first final building and zoning inspection,the property owner/developer Planning&Building
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
final building and shall submit evidence to the satisfaction of the Planning&Building Department Department,
zoning inspection Director that occupancy disclosure notices regarding the potential for exterior noise Planning Services
levels to be elevated during a stadium event will be provided to all future tenants in Division
the Stadium District.
MM 5-4 Prior to the first Prior to the first final building and zoning inspection,the property owner/developer Planning&Building
final building and shall submit evidence to the satisfaction of the Planning&Building Department Department,
zoning inspection Director that occupancy disclosure notices regarding potential for exterior noise levels Planning Services
to be elevated during sounding of train horns will be provided to all future tenants Division
facing an at-grade crossing of the Orange County Line.
MM 5-5 Prior to issuance of Prior to issuance of the first building permit,to reduce noise and vibration impacts Planning&Building
the first building from the impact pile driver,the construction contractor shall evaluate the feasibility of Department,Building
permit using auger cast piles or a similar system to drill holes to construct cast-in-place piles Division
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&Building Department in the form of a
letter from the construction contractor.
MM 5-6 Prior to approval of Prior to approval of any Final Site Plan,if new vibration-sensitive land uses are located Planning&Building
any Final Site Plan in close proximity to the Orange County Line,the project applicant shall retain an Department,Building
acoustical engineer to conduct an acoustic analysis that includes a vibration analysis and Planning
for potential impacts from vibration generated by operation of the rail line.If Services Divisions
perceptible levels of vibration are detected,the acoustic analysis shall recommend
site design features,such as setbacks and trenches,and/or required building
improvements,such as harder building materials(e.g.,steel framing vs.wood
framing),to eliminate the potential for train operations to result in perceptible levels
of vibration that cause human annoyance to future project residents.The site design
features shall be identified on the Final Site Plan to the satisfaction of the Planning&
Building Department Director.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 5-7 Ongoing during Ongoing during grading,demolition,and construction,the property owner/developer Planning&Building
grading,demolition, shall be responsible for requiring contractors to implement the following measures to Department,Building
and construction limit construction-related noise: Division
a. Noise generated by construction shall be limited by the property owner/developer
to 60 dBA along the property boundaries,before 7:00 AM and after 7:00 PM,as
governed by Chapter 6.7,Sound Pressure Levels,of the Anaheim Municipal Code.
b. Limit the hours of operation of equipment that produces noise levels noticeably
above general construction noise levels to the hours of 10:00 AM to 4:00 PM.
c. All internal combustion engines on all of the construction equipment shall be
properly outfitted with well-maintained muffler systems.
MM 5-8 Ongoing during Ongoing during construction activities,the property owner/developer shall be Planning&Building
construction responsible for requiring project contractors to properly maintain and tune all Department,Building
activities construction equipment to minimize noise emissions. Division
MM 5-9 Ongoing during Ongoing during construction activities,the property owner/developer shall be Planning&Building
construction responsible for requiring project contractors to locate all stationary noise sources Department,Building
activities (e.g.,generators,compressors,staging areas)as far from occupied noise-sensitive Division
receptors as is feasible.
MM 5-10 Ongoing during Ongoing during construction activities,material delivery,soil haul trucks,and Planning&Building
construction equipment servicing shall also be restricted to the hours set forth in the City of Department,Building
activities Anaheim Municipal Code,Section 6.70. Division
Public Services
MM 7-1 Prior to issuance of Prior to issuance of a Building Permit,plans shall indicate that all buildings shall have Anaheim Fire&
a Building Permit fire sprinklers in accordance with the Anaheim Municipal Code.Said sprinklers shall be Rescue
installed by the property owner/developer prior to each final Building and Zoning
Prior to each final inspection.
Building and Zoning
Inspection
MM 7-2 Prior to issuance of Prior to issuance of a Building Permit,the property owner/developer shall pay the Anaheim Fire&
a Building Permit Public Safety Impact Fee,as amended from time to time,for fire facilities and Rescue
equipment impact fees identified in Anaheim Municipal Code Chapter 17.36.
MM 7-3 Prior to the Prior to the approval of a Final Site Plan,the property owner/developer shall submit Anaheim Police
approval of a Final plans to the Anaheim Police Department for review and approval for the purpose of Department
Site Plan 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
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
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.
MM 7-4 Prior to the Prior to the issuance of each Building Permit for a parking structure,the property Anaheim Police
issuance of each owner/developer shall submit plans to the Anaheim Police Department for review and Department
Building Permit for approval indicating the provision of closed circuit monitoring and recording or other
a parking structure substitute security measures as may be approved by the Anaheim Police Department.
Said measures shall be implemented prior to final Building and Zoning inspections.
MM 7-5 Prior to the Prior to the approval of a Final Site Plan,the property owner/developer shall submit Anaheim Police
approval of a Final design plans that shall include parking lots and parking structures with controlled Department
Site Plan 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.
MM 7-6 Ongoing during Ongoing during project operation,if the Anaheim Police Department of Anaheim Anaheim Police
project operation Traffic Management Center(TMC)personnel are required to provide temporary traffic Department;
control services,the property owner/developer shall reimburse the City,on a fair
share basis,if applicable,for reasonable costs associated with such services. Public Works
Department,
Engineering Services
Division(Traffic and
Transportation)
MM 7-7 Prior to the Prior to the issuance of each building permit,the property owner/developer shall pay Anaheim Police
issuance of each the Public Safety Impact Fee,as amended from time to time,for police facilities and Department;
building permit equipment impact fees identified in Anaheim Municipal Code Chapter 17.36.
Planning&Building
Department,Building
Division
MM 7-9 Prior to the Prior to the issuance of each building permit,the property owner/developer shall pay Planning&Building
issuance of each the school impact fees as adopted by the Board of Trustees of the Anaheim Union Department,
building permit High School District and Anaheim City School District in compliance with Senate Bill 50 Building Division
(Government Code[GC]Section 65995[b][3]as amended).
MM 7-10 Prior to approval of Prior to approval of each building permit with residential units within the Platinum Community Services
the first Triangle following certification of SEIR No.339, the property owner/developer shall Library Division;
Development pay the library facilities fee established by the updated library facilities fee program
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
•
Agreement applicable to the residential projects within the Platinum Triangle Planning&Building
with residential Department,
units Building Division
MM 8-1 Please refer to the Recreation section.
MM 8-2 Please refer to the Recreation section.
MM 8-3 Please refer to the Recreation section.
Recreation
MM 8-1 Prior to Approval of Ongoing during project implementation,the City shall continue to seek property Planning&Building
the DDA acquisition opportunities for parkland in and adjacent to the project area. Department,
Planning Services
This mitigation measure will be implemented for the Project through negotiations Division;
with the Applicant on inclusion of the Community Benefit Park in the terms of the
Disposition and Development Agreement. Community Services
Department,Parks
Division
MM 8-2 Prior to Approval of Ongoing during project implementation,the City shall continue to work with Planning&Building
the DDA developers to seek alternative means of providing recreational amenities. Department,
Planning Services
This mitigation measure will be implemented for the Project through negotiations Division;
with the Applicant on inclusion of the Community Benefit Park in the terms of the
Disposition and Development Agreement. Community Services
Department,Parks
Division
MM 8-3 Prior to Approval of Ongoing during project implementation,the City shall continue fostering partnerships Planning&Building
the DDA with other public entities and private organizations to seek alternative means of Department,
providing various types of recreational opportunities. Planning Services
Division;
This mitigation measure will be implemented for the Project through negotiations
with the Applicant on inclusion of the Community Benefit Park in the terms of the Community Services
Disposition and Development Agreement. Department,Parks
Division
Transportation
MM 9-1 Prior to the first Prior to the first final building and zoning inspection for each building with Public Works
final building and commercial,office,and/or institutional uses,the property owners/developer shall Department,
zoning inspection record a covenant on the property requiring that ongoing during project Engineering Services
for each building implementation,the property owner/developer shall implement and administer a Division(Traffic and
with comprehensive Transportation Demand Management(TDM)program for all Transportation);
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
commercial,office, employees.The form of the covenant shall be approved by the City Attorney's Office.
and/or institutional Objectives of the TDM program shall be: City Attorney's Office
uses • Increase ridesharing and use of alternative transportation modes by guests.
• Provide a menu of commute alternatives for employees to reduce project
generated trips.
• Conduct an annual commuter survey to ascertain trip generation,trip origin,and
Average Vehicle Ridership.
MM 9-2 Prior to the first Prior to the first Final Building and Zoning inspection for each building with Public Works
Final Building and commercial,office,or institutional uses,the property owner/developer shall provide Department,
Zoning inspection to the City of Anaheim Public Works Department for review and approval a menu of Engineering Services
for each building TDM program strategies and elements for both existing and future employees' Division(Traffic and
with commercial, commute options,to include,but not be limited to,the list below.The property Transportation);
office,or owner/developer shall also record a covenant on the property requiring that the
institutional uses approved TDM strategies and elements be implemented ongoing during project City Attorney's Office
operation.The form of the covenant shall be approved by the City Attorney's Office
prior to recordation.
• On-site services such as the food,retail,and other services be provided.
• Ridesharing.Develop a commuter listing of all employee members for the purpose
of providing a"matching"of employees with other employees who live in the same
geographic areas and who could rideshare.
• Vanpooling.Develop a commuter listing of all employees for the purpose of
matching numbers of employees who live in geographic proximity to one another
and could comprise a vanpool or participate in the existing vanpool programs.
• Transit Pass.Orange County Transportation Authority and Los Angeles County
Metropolitan Transportation Authority(including commuter rail)passes be
promoted through financial assistance and on-site sales to encourage employees to
use the various transit and bus services from throughout the region.
• Shuttle Service.A commuter listing of all employees living in proximity to the
project be generated,and a local shuttle program offered to encourage employees
to travel to work by means other than the automobile.
• Bicycling.A Bicycling Program be developed to offer a bicycling alternative to
employees.Secure bicycle racks,lockers,and showers be provided as part of this
program,Maps of bicycle routes throughout the area be provided to inform
potential bicyclists of these options.
• Guaranteed Ride Home Program.A program to provide employees who rideshare,
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STADIUM DISTRICT SUB-AREA A PROTECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
or use transit or other means of commuting to work,with a prearranged ride home
in a taxi,rental car,shuttle,or other vehicle,in the event of emergencies during the
work shift.
• Target Reduction of Longest Commute Trip.An incentive program for ridesharing
and other alternative transportation modes to put highest priority on reduction of
longest employee commute trips.
• Stagger work shifts.
• Develop a"compressed work week"program,which provides for fewer work days
but longer daily shifts as an option for employees.
• Explore the possibility of a"telecommuting"program that would link some
employees via electronic means(e.g.,computer with modem).
• Develop a parking management program that provides incentives to those who
rideshare or use transit means other than single-occupant auto to travel to work.
• Access.Preferential access to high occupancy vehicles and shuttles may be
provided.
• Financial Incentive for Ridesharing and/or Public Transit.(Currently,federal law
provides tax-free status for up to$65 per month per employee contributions to
employees who vanpool or use public transit including commuter rail and/or
express bus pools.)
• Financial Incentive for Bicycling.Employees offered financial incentives for bicycling
to work.
• Special"Premium"for the Participation and Promotion of Trip Reduction.Ticket/
passes to special events,vacation,etc.be offered to employees who recruit other
employees for vanpool,carpool,or other trip reduction programs.
• Design incentive programs for carpooling and other alternative transportation
modes so as to put highest priority on reduction of longest commute trips.
Every property owner and/or lessee shall designate an on-site contact who will be
responsible for coordinating with the ATN and implementing all trip mitigation
measures.The on-site coordinator shall be the one point of contact representing the
project with the ATN.The TDM requirements shall be included in the lease or other
agreement with all of the project participants.
MM 9-3 Prior to the first Prior to the first final building and zoning inspection,for each building with office Public Works
final building and and/or commercial uses,the property owner/developer shall join and financially Department,
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
zoning inspection participate in a clean fuel shuttle program,if established and,shall participate in the Engineering Services
for each building Anaheim Transportation Network/Transportation Management Association in Division(Traffic and
with office and/or conjunction with the on-going operation of the project.The property owner/ Transportation);
commercial uses developer shall also record a covenant on the property that requires participation in
the program ongoing during project operation.The form of the covenant shall be City Attorney's Office
approved by the City Attorney's Office prior to recordation.
MM 9-4 Prior to issuance of Prior to issuance of the first building permit for each building,the property owner/ Public Works
the first building developer shall pay the appropriate Traffic Signal Assessment Fees,Traffic Impact and Department,Traffic
permit for each Improvement Fees,and Platinum Triangle Impact Fees to the City of Anaheim in Engineering
building 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.
MM 9-5 Prior to approval of Prior to approval of the first final subdivision map or issuance of the first building Public Works
the first final permit,whichever occurs first,the property owner/developer shall irrevocably offer Department,
subdivision map or for dedication(with subordination of easements),including necessary construction Engineering Services
issuance of the first easements,the ultimate arterial highway right(s)-of-way adjacent to their property as Division
building permit, shown in the Circulation Element of the Anaheim General Plan and consistent with the (Development
whichever occurs adopted Platinum Triangle Master Land Use Plan. Services)
first,
MM 9-6 Prior to approval of Prior to approval of the first Project Tentative Tract Map in the Stadium District, Public Works
the Disposition and Subarea"A"owner/developers shall prepare traffic study and improvement phasing Department,
Development analyses("project traffic study")for buildout of development in the entire Stadium Engineering Services
Agreement; District,Subarea"A"under a cumulative conditions scenario in accordance with CEQA Division(Traffic and
to identify when the improvements identified in the Revised Platinum Triangle Transportation)
Prior to approval of Expansion Project Draft Traffic Study,Parsons Brinckerhoff,October 2010(Appendix B
the first Project of Revised Platinum Triangle Expansion Project Final Subsequent Environmental
Tentative Tract Map Impact Report No.339("SEIR No.339 Appendix B")and the LT Platinum Center Traffic
in the Stadium Study,LSA,August 2016(Addendum No.6 to Revised Platinum Triangle Expansion
District,Subarea A; Project Final Subsequent Environmental Impact Report No.339("SEIR No.339
Appendix E") and any other improvements required to maintain satisfactory levels of
Prior to approval of service within the City of Anaheim shall be designed and constructed.The
any Final Site Plan Development Agreement and Conditions of Approval shall require the property
owner/developer to implement traffic improvements as identified in SEIR No.339
Appendix B and SEIR No.339 Appendix E applicable to the Stadium District,Subarea
"A"development and any others as shown in the project traffic study to maintain
satisfactory levels of service as defined by the City's General Plan,based on thresholds
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STADIUM DISTRICT Sue-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIrORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
of significance,performance standards and methodologies utilized in SEIR No.339,
Orange County Congestion Management Program and established by the 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 and any
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 identified in the project traffic study,as determined by the City Traffic Engineer,
unless alternative funding sources have been identified by the City Traffic Engineer.
Prior to approval of a Final Site Plan the City Traffic Engineer may require an updated
project traffic study to address any changes to the assumptions in the project traffic
study submitted prior to approval of the first Project Tentative Tract Map.
MM 9-7 In conjunction with In conjunction with the preparation of the traffic improvement phasing analyses as Public Works
the preparation of required in Mitigation Measure 9-6,property owners/developers will analyze to Department,
any traffic determine when the intersection improvements shall be constructed,subject to the Engineering Services
improvement conditions identified in Mitigation Measure 9-6.The improvement phasing analyses Division(Traffic and
phasing analyses as will specify the timing,funding,construction and fair share responsibilities for all Transportation)
required in traffic improvements identified in the project traffic study as necessary to maintain
Mitigation Measure satisfactory levels of service within the City of Anaheim and surrounding jurisdictions.
9-6 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 and any Conditions of
Approval for any Tentative Tract Map shall require the property owner/developer to
construct,bond for or enter into a funding agreement for necessary circulation system
improvements as identified in the project traffic study,as determined by the City
Traffic Engineer,unless alternative funding sources have been identified by the City
Traffic Engineer.
MM 9-8 In conjunction with In conjunction with the preparation of the project traffic study as required in Public Works
the preparation of Mitigation Measure 9-6,the following actions shall be taken in cooperation with the Department,
any traffic City of Orange: Engineering Services
improvement Division(Traffic and
a. The traffic study shall identify the timing of planned improvements included in the
phasing analysis as Transportation)
required in Platinum Triangle Improvement Plan of any impacts created by the project for
Mitigation Measure
facilities within the City of Orange.The fair-share percentage responsibility for
9-6. 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
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
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 that fair
share fees collected to mitigate arterial and intersection impacts in the City of
Orange are mitigated to the extent feasible.
MM 9-9 In conjunction with In conjunction with the preparation of any project traffic study as required in Public Works
the preparation of Mitigation Measure 9-6,and assuming that a regional transportation agency has not Department,
any traffic already programmed and funded the warranted improvements to the impacted Engineering Services
improvement freeway mainline or freeway ramp locations,property owners/developers and the City Division(Traffic and
phasing analysis as will take the following actions in cooperation with Caltrans: Transportation)
required in
Mitigation Measure a. The traffic study will identify the Project's proportionate impact on the specific
9-6. freeway mainline and/or freeway ramp locations and the Project's 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.
MM 9-10 Prior to the Prior to the approval of the first final subdivision map or issuance of a Building Permit, Public Works
approval of the final whichever occurs first,the property owner/developer shall pay the identified fair- Department,
subdivision map or share responsibility as determined by the City as set forth in Mitigation Measure 9-9. Engineering Services
issuance of a The City shall allocate the property owners/developers fair-share contribution to Division(Traffic and
Building Permit, traffic mitigation programs that result in improved traffic flow on the impacted Transportation)
whichever occurs mainline and ramp locations,via an agreement mutually acceptable to Caltrans and
first the City.
MM 9-11 Prior to approval of Prior to approval of the first final subdivision map or issuance of the first building Public Works
the first final permit,whichever occurs first,the property owner/developer shall irrevocably offer Department,
subdivision map or for dedication(with subordination of easements),including necessary construction Engineering Services
issuance of the first easements,the ultimate arterial highway right(s)-of-way adjacent to their property as Division
building permit, shown in the Circulation Element of the Anaheim General Plan and consistent with the (Development
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STADIUM DISTRICT SUB-AREA A PROTECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
whichever occurs adopted Platinum Triangle Master Land Use Plan,regardless of the level of impacts Services)
first generated by the project.
MM 9-12 Subsequent to the Subsequent to the certification of the FEIR,and prior to the approval of any Tentative Public Works
certification of the Tract Map for the Stadium District,Subarea"A",if the costs of the identified Department,
FEIR,and prior to improvements in the project traffic study cannot be covered by the total funding Engineering Services
the approval of any allocation under the existing Community Facilities District(CFD),an update to the CFD Division(Traffic and
Tentative Tract Map or an update to the City's traffic impact fee program or other fee programs shall be Transportation)
for the Stadium developed by the City of Anaheim to ensure completion of the recommended
District,Subarea improvements.Any updated CFD or City traffic fee program shall include the costs of
"A". implementing identified intersection and/or arterial improvements in the City of
Orange.
MM 9-13 Prior to the first Prior to the first final building and zoning inspection,for each building with office Public Works
final building and and/or commercial uses,the property owner/developer shall submit proof to the Department,
zoning inspection Public Works,Department that the property owner/developer has entered into an Engineering Services
for each building agreement with the Anaheim Transportation Network(ATN)for the provision of a Division(Traffic and
with office and/or transit shuttle service between the project,the existing Metrolink Station,and Transportation);
commercial uses Anaheim Regional Transportation Intermodal Center(ARTIC)as well as major activity
centers in between.The agreement shall be recorded in the Official Records of the City Attorney's Office
Office of the County Recorder,Orange County,California.The form of the agreement
shall be approved by the City Attorney's Office prior to recordation.The agreement
shall provide for the following:
a. A shuttle route plan,approved by the Public Works Department and ATN,shall be
attached and incorporated into the agreement.The plan shall include co-location
of stops with Orange County Transportation Authority bus stop locations and other
properties in the Platinum Triangle where feasible and determined appropriate by
the Public Works Department and ATN.The property owner/developer shall pay all
costs associated with the preparation of the shuttle route plan.
b. The property owner/developer shall provide the full cost associated with providing
the shuttle,including,but not limited to,purchasing the shuttle vehicle and all
costs associated with operating and marketing the shuttle route.
c. The agreement shall provide a mechanism for the property owner/developer to
request fair share participation from other major activity centers to be served by
this shuttle route.The mechanism shall be subject to the approval of the ATN.
d. The agreement shall set forth a schedule for commencement of operation of the
shuttle service.
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
e. The agreement shall provide that the property owner/developer's obligations to
fund the shuttle service may be cancelled only upon prior written approval from
the Public Works Department,once a new transit service has taken its place.
f. That to the extent permitted by law the terms of this agreement shall constitute
covenants which shall run with the property for the benefit thereof,and the
benefits of this agreement shall bind and inure to the benefit of the parties and all
successors in interest to the parties hereto.
MM 9-14 In conjunction with In conjunction with the preparation of any project traffic study as required in Public Works
the preparation of Mitigation Measure 9-6,property owners/developers will analyze to determine when Department,
any traffic the intersection improvements identified under Impact 5.9-4 shall be constructed, Engineering Services
improvement subject to the conditions identified in Mitigation Measure 9-6. Division(Traffic and
phasing analyses as Transportation)
required in
Mitigation Measure
9-6
MM 9-15 Prior to the Prior to the approval of a Final Site Plan,the property owner/developer shall meet Public Works
approval of a Final with the City Traffic Engineer to determine whether a bus stop(s)is required to be Department,
Site Plan placed adjacent to the property.If a bus stop(s)is required,it shall be placed in a Engineering Services
location that least impacts traffic flow and may be designed as a bus turnout or a far Division(Traffic and
side bus stop as required by the City Traffic Engineer and per the approval of the Transportation);
Orange County Transportation Authority(OCTA).
Utilities
**The following Mitigation Measure was included in SEIR No.339 from MMP No.106A,prepared for SEIR No.332
MM 5.5-3** Please refer to the Hydrology and Water Quality section.
MM 10-1 Concurrent with The City Engineer shall review the location of each project to determine if it is located Public Works
submission of the within an area served by deficient sewer facilities,as identified in the latest updated Department,
Project Vesting sewer study for the Platinum Triangle.If the project will increase sewer flows beyond Engineering Services
Tentative Tract those programmed in the appropriate master plan sewer study for the area or if the Division
Map; project currently discharges to an existing deficient sewer system or will create a (Development
deficiency in an existing sewer line,the property owner/developer shall be required to Services);
Prior to approval of guarantee mitigation of the impact to adequately serve the area to the satisfaction of
a final subdivision the City Engineer and City Attorney's Office.Concurrent with its submission of the City Attorney's Office
map or issuance of Project Vesting Tentative Tract Map,the Developer shall submit a sewer plan and
a grading or analysis for ultimate development within the Project Site.Prior to approval of a final
building permit for subdivision map or issuance of a grading or building permit for each development
each development project,whichever occurs first,the property owner/developer shall be required to
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing 1 Measure Monitoring Completion
project,whichever install the sanitary sewer facilities,as required by the City Engineer,to mitigate the
occurs first 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.
MM 10-2 Prior to the Prior to the approval and ongoing during construction of any street improvement Public Works
approval and plans within the Platinum Triangle,which encompass area(s)where Orange County Department,
ongoing during Sanitation District(OCSD)will be upsizing trunk lines and/or are making other Engineering Services
construction of any improvements,the City and/or property owner/developer shall coordinate with the Division
street improvement OCSD to ensure that all improvements and construction schedules are coordinated. (Development
plans Services)
MM 10-3 Prior to approval of Prior to approval of a final subdivision map or issuance of a grading or building permit Public Works
a final subdivision for each development project,whichever occurs first,the property owner/developer Department,
map or issuance of shall contact Orange County Sanitation District(OCSD)regarding sewer capacity. Engineering Services
a grading or Additionally,if requested by the OCSD,the property owner/developer shall place up Division
building permit for to three flow monitoring devices for up to a month to verify capacity and ensure (Development
each development consistency with the OCSD's modeling results. Services)
project,whichever
occurs first
MM 10-4 Prior to approval of Prior to approval of sanitary sewer connections for each development project,the Public Works
sanitary sewer property owner/developer shall be required to install the sanitary sewer facilities,as Department,
connections for required by the City Engineer,to prevent the sewer spill for below-grade structures of Engineering Services
each development the proposed development based upon the latest updated sewer study for the Division
project Platinum Triangle.Where requested by the City Engineer,sewer improvements shall (Development
be constructed with larger than recommended diameter to maintain the surcharge Services)
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.
MM 10-5 Prior to the Prior to the approval and ongoing during construction of any street improvement Public Works
approval and plans within the Platinum Triangle,which encompass area(s)where OCSD will be Department,
ongoing during upsizing truck lines and/or are making other improvements,the City and/or property Operations Division
construction of any owner shall coordinate with OCSD to ensure that backflow prevention devices are (Sanitations)
street improvement installed at the lateral connections to prevent surcharge flow from entering private
plans within the properties.
Platinum Triangle
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
MM-10-6 Prior to final design Prior to final design approval,additional analysis shall be performed for each Public Works
approval individual project using flow,wet-weather data,and other information specific for Department,
that project in order to obtain more accurate results of the surcharge levels for final Operations Division
design. (Sanitations)
MM 10-7 Prior to issuance of Prior to issuance of a building permit,submitted landscape plans shall demonstrate Public Utilities
a building permit compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. Department,
and in conjunction This ordinance is in compliance with the State of California Model Water Efficient Community&
with submittal of Landscape Ordinance(AB 1881). Sustainability
landscape and Among the measures to be implemented with the project are the following: Programs Division;
building plans
• Use of water-conserving landscape plant materials wherever feasible; Public Works
• Use of vacuums and other equipment to reduce the use of water for wash down of Department,
exterior areas; Engineering Services
Division
• Low-flow fittings,fixtures and equipment including low flush toilets and urinals; (Development
• Use of self-closing valves for drinking fountains; Services)
• Use of efficient irrigation systems such as drip irrigation and automatic systems Planning&Building
which use moisture sensors; Department,
• Infrared sensors on sinks,toilets and urinals; Planning Services
Division
• Low-flow shower heads in hotels;
• Infrared sensors on drinking fountains;
• Use of irrigation systems primarily at night,when evaporation rates are lowest;
• Water-efficient ice machines,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.
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 10-8 Concurrent with Concurrent with its submission of the Project Vesting Tentative Tract Map,the Public Utilities
submission of the property owner/developer shall provide engineering studies,including network Department,Water
Project Vesting analysis,to size the water mains for ultimate development within the Project Site.This Engineering Division
Tentative Tract Map 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.
MM 10-9 Prior to the Prior to the issuance of the first building permit or grading permit,whichever occurs Public Utilities
issuance of the first first,the property owner/developer shall indicate on plans installation of a separate Department,Water
building permit or irrigation meter when the total landscaped area exceeds 2,500 square feet.(City of Engineering Division
grading permit Anaheim Water Conservation Measures)
MM 10-10 Prior to the Prior to the issuance of the first building permit or grading permit following Public Utilities
issuance of the first certification of SEIR No.339,whichever occurs first,the property owner/developer Department,Water
building permit or shall comply with Rule 15D of the Water Utilities Rates,Rules,and Regulations. Engineering Division
grading permit
following
certification of SEIR
No.339,whichever
occurs first
MM 10-11 Ongoing Ongoing,the City shall continue to collaborate with the Metropolitan Water District of Public Utilities
Southern California,its member agencies,and Orange County Water District to ensure Department,Water
that available water supplies meet anticipated demand.If it is forecast that water Engineering Division
demand exceeds available supplies,the City shall trigger application of its Water
Conservation Ordinance,Municipal Code Section 10.18,as prescribed,to require
mandatory conservation measures as authorized by Section 10.18.080 through
10.18.100,as appropriate.
MM 10-12 Prior to issuance of Prior to issuance of a building permit,submitted landscape plans for all residential, Public Utilities
a building permit office and commercial landscaping shall demonstrate the use of drought tolerant plant Department,
materials pursuant to the publication entitled"Water Use Efficiency of Landscape Community&
Species"by the U.C.Cooperative Extension,August 2000. Sustainability
Programs_Division
MM 10-13 Prior to issuance of Prior to issuance of a building permit or grading permit,whichever occurs first,the Public Utilities
a building permit or property owner/developer shall indicate on plans water efficient design features Department,
grading permit, including,but not limited to(as applicable to the type of development at issue) Community&
whichever occurs waterless water heaters,waterless urinals,automatic on and off water facets,and Sustainability
first water efficient appliances. Programs Division
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
MM 10-14 Concurrent with Concurrent with its submission of the Project Vesting Tentative Tract Map,the Public Utilities
submission of the property owner/developer shall indicate on plans installation of a separate irrigation Department,Water
Project Vesting lines for recycled water for ultimate development within the Project Site.All irrigation Engineering Division
Tentative Tract Map systems shall be designed so that they will function properly with recycled water.
MM 10-15 Prior to approval of Prior to approval of a project that exceeds the statutory thresholds set forth in SB 610 Public Utilities
a project that and SB 221,the applicant shall demonstrate to the Public Utilities Department,Water Department,Water
exceeds the Engineering Division that adequate water supply exists to serve the ultimate Engineering Division
statutory development within the Project Site.The water supply verification shall be submitted
thresholds set forth to the Public Utilities Department,Water Engineering Division concurrent with the
in SB 610 and SB submission of the Project Vesting Tentative Tract Map.If it cannot be demonstrated
2211 that adequate water exists to serve the specific project,the project shall not be
approved.
Prior to approval of
the Project Vesting
Tentative Tract Map
MM 10-18 Prior to the final Prior to the final building and zoning inspections of each development,the property Public Works
building and zoning owner/developer shall submit project plans to the Operations Division of the Public Department,
inspections of each Works Department for review and approval to ensure that the plans comply with Operations Division
development AB939,and the Solid Waste Reduction Act of 1989,and the County of Orange and City (Sanitation)
of Anaheim Integrated Waste Management Plans as administered by the City of
Anaheim.Implementation of said plan shall commence upon occupancy and shall
remain in full effect as required by the Street and Sanitation Division and may include,
at its discretion,the following plan components:
• Detailing the locations and design of on-site recycling facilities.
• Participating in the City of Anaheim's"Recycle Anaheim"program or other
substitute program as may be developed by the City or governing agency.
• Facilitating cardboard recycling(especially in retail areas)by providing adequate
space 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
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
regulation
MM 10-19 Ongoing during Ongoing during project operations,the following practices shall be implemented,as Public Works
project operations feasible,by the property owner/developer: Department,
Operations Division
• Usage of recycled paper products for stationery,letterhead,and packaging. (Sanitation)
• 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.
MM 10-20 Prior to the Prior to the approval of each grading plan(for import/export plan)and prior to Public Works
approval of each issuance of demolition permits(for demolition plans),the property owner/developer Department,
grading plan(for shall submit a Demolition and Import/Export Plans,if determined to be necessary by Operations Division
import/export plan) the Public Works Department,Traffic Engineering Division and/or Street and (Sanitation)
and prior to Sanitation Division.The plans shall include identification of off-site locations for
issuance of material export from the project and options for disposal of excess material.These Public Works
demolition permits options may include recycling of materials on-site,sale to a broker or contractor,sale Department,
(for demolition to a project in the vicinity or transport to an environmentally cleared landfill,with Engineering Services
plans) attempts made to move it within Orange County.The property owner/developer shall Division(Traffic&
offer recyclable building materials,such as asphalt or concrete for sale or removal by Transportation)
private firms or public agencies for use in construction of other projects,if all cannot
be reused on the Project Site.
MM 10-21 Prior to the Prior to the issuance of each building permit,the property owner/developer shall Public Utilities
issuance of each submit plans showing that each structure will exceed the State Energy Efficiency Department,
building permit Standards for Nonresidential Buildings(Title 24,Part 6,Article 2,California Code of Community&
Regulations)by a minimum of 10 percent and will consult with the City of Anaheim Sustainability
Public Utilities Department Community&Sustainability Programs Division.This Programs Division
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.
MM 10-22 Prior to the Prior to the issuance of each building permit,the property owner/developer shall Public Utilities
issuance of each indicate on plans energy-saving practices that will be implemented with the project in Department,
building permit compliance with Title 24,which may include the following: Community&
• High-efficiency air-conditioning with EMS(computer)control. Sustainability
Programs Division
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
• 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 light emitting diode(LED)lights.
• Use of EnergyStar®exit lighting or exit signage.
• Use of LED lights 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:
o New construction design review,in which the City cost-shares engineering for
up to$15,000 for design of energy efficient buildings and systems.
o New Construction—Cash incentives$400 per kW or$0.15 per kWh saved for
each measure and up to$200,000 per facility for efficiency that exceed Title 24
requirements.
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(gpfl 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 drought-tolerant and native plants in outdoor landscaping.
MM 10-23 Prior to issuance of Concurrent with its submission of the Project Vesting Tentative Tract Map,the Public Utilities
each building property owner/developer shall submit electrical utility plans for ultimate Department
permit or grading development within the Project Site.Prior to issuance of each building permit or Electrical Engineering
permit,whichever grading permit,whichever occurs first,the property owner/developer shall install Division
occurs first 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,
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
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 of Anaheim
Public Utilities Department.The following underground electrical service
improvements have been previously completed:
• 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 Orangewood Avenue from Anaheim Way to State
College Boulevard(1,500 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).
• Relocate a distribution circuit underground on Douglas Street from Katella Avenue
to Cerritos Avenue(1,000 feet).
The following improvements to the current underground electrical service are
required:
• Relocate a distribution circuit underground on Orangewood Avenue from State
College Boulevard to west of the Santa Ana River(1,600 feet).
• Relocate a distribution circuit underground and extend existing distribution circuits
on Lewis Street from Katella Avenue to Gene Autry Way(950 feet).
• Extend the existing distribution circuit(s)on Katella Avenue from west of State
College Boulevard to the Project Site.
• Extend the existing distribution circuit(s)on Gene Autry Way from west of State
College Boulevard to the Project Site.
• Extend the existing distribution circuit(s)on Orangewood Avenue,then heading
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SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT STADIUM DISTRICT SUB-AREA A PROJECT
SEPTEMBER 2020 ANAHEIM,CALIFORNIA
Responsible for
Measure No. Timing Measure Monitoring Completion
north and through the Project Site,and connect to the existing duct bank on south
of Douglas Road.
• Extend the existing distribution circuit(s)on State College from north of
Orangewood Avenue to the Project Site.
• New distribution duct banks planned under the latest Platinum Triangle Expansion
Implementation Plan that have not been listed under this Mitigation Measure and
MM 10-25.
MM 10-24 Prior to the Prior to the issuance of each building permit,the property owner/developer shall Public Utilities
issuance of each submit plans for review and approval which shall ensure that buildings exceed the Department,
building permit State Energy Efficiency Standards for Nonresidential buildings(Title 24,Part 6,Article Community&
2,California Administrative Code)by a minimum of 10 percent. Sustainability
Programs Division
MM 10-25 Prior to issuance of Prior to issuance of each building permit or grading permit,whichever occurs first,the Public Utilities
each building property owner/developer shall install their portion of the underground electrical Department,
permit or grading service from the Public Utilities Distribution System as determined by the City of Electrical Engineering
permit,whichever Anaheim Public Utilities Department.The Underground Service will be installed in Division
occurs first 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 following underground electrical service
improvements have been previously completed:
• A new distribution duct bank on Gene Autry Way from Haster Street to the east
side of 1-5(2,500 feet).
The following improvements to the current electric facilities are required:
• 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).
• A new distribution duct bank on State 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).
• A new distribution duct bank on Gene Autry Way from I-S to State College
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STADIUM DISTRICT SUB-AREA A PROJECT SUSTAINABLE COMMUNITIES ENVIRONMENTAL ASSESSMENT
ANAHEIM,CALIFORNIA SEPTEMBER 2020
Responsible for
Measure No. Timing Measure Monitoring Completion
Boulevard(2,500 feet).
• A new transmission duct bank on Anaheim Way from 700 feet north of Katella
Avenue to Orangewood Avenue(3,400 feet).
• A new transmission duct bank on Lewis Street and Santa Cruz Street from Katella
Avenue to Orangewood Avenue(3,000 feet).
• A new distribution duct bank on Douglas Road from SR-57 to Cerritos Avenue
(4,000 feet).
MM 10-26 Prior to issuance of Prior to issuance of each building permit or grading permit,the property Public Utilities
each building owner/developer shall provide an electrical load analysis to the City of Anaheim Public Department,
permit or grading Utilities Department(APUD).The analysis shall include a load schedule and maximum Electrical Engineering
permit electrical coincident demand.Depending on the property owner/developer's load Division
analysis,APUD will determine and execute the necessary measures to provide
sufficient capacity to the proposed improvements within the Platinum Triangle project
area. Electrical service connection fees and other applicable fees will be assessed in
accordance with the Electric Rules,Rates,Regulations or another financial mechanism
approved by the City.
MM 10-27 Prior to issuance of All future street and infrastructure improvements within the Platinum Triangle shall Public Works
each building be planned in coordination with other service providers,including Southern California Department,
permit or grading Gas Company and the Orange County Sanitation District so that required Engineering Services
permit infrastructure upgrades maybe constructed concurrently. Division
(Development
Services)
Wildfire
**The following Mitigation Measures were included in SEIR No.339 from MMP No.106A,prepared for SEIR No.332
MM 5.4-3** Please refer to the Hazards and Hazardous Materials section.
MM 5.4-4** Please refer to the Hazards and Hazardous Materials section.
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EXHIBIT D
PLATINUM TRIANGLE FEES
ELECTRIC UTILITIES UNDERGROUNDING FEE
Residential Uses $9.92 per unit
The Platinum Triangle Master Land Use Plan and the Underground Conversion Program envision
that the public utilities along Katella Avenue,between the State College Boulevard and Anaheim Way
will need to be undergrounded. The City-owned facilities will be undergrounded using City funds,
pursuant to the Rule No.20 of the City of Anaheim Rates,Rules&Regulations.
Some of the facilities along Katella Avenue are owned by Southern California Edison(SCE).
Moneys available to underground City-owned facilities may not be used to underground SCE facilities.
The interim fee will collect the funds necessary to underground the SCE lines,and thereby significantly
improve the appearance of the Platinum Triangle.
The cost to underground the SCE lines is estimated at$187,505. These funds will be collected by
imposing an interim fee on the residential units planned in the Platinum Triangle.
The formula for calculating the fee is the following:
Cost to Underground SCE lines = Per-Unit Fee
Number of residential units
The Per-Unit fee is calculated at:
$187,505 = $9.92 per Unit
18,909 Units
GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE
Residential Uses: $24.00 per unit
Non-residential Uses: $0.03 per sq. ft.
These fees are intended to recover the costs associated with the Platinum Triangle including the
designation of portions of the Platinum Triangle for mixed use and office development by the General
Plan,the Platinum Triangle Master Land Use Plan,the Platinum Triangle Mixed Use Overlay,the
Platinum Triangle Standardized Development Agreement Form,Zone Reclassifications,all other
associated documents and amendments thereto,and all associated environmental documentation. The fees
are based upon the following calculations:
Costs:
Consultant Contract Costs: $670,623
Planning Department Costs: $456,765
Public Works Costs: $41325
$1,168,713
New Development Allowed in the Platinum Triangle:
Non-Residential Uses
14,340,522 square feet office development
4,909,682 square feet commercial development
+ 1,500,000 square feet institutional
20,750,204 total square feet non-residential development
EXHIBIT D
(CONTINUED)
Residential Uses
18,909 residential units
x 800 square feet(estimated average unit size)
15,127,200 total square feet of residential development
Total Square Feet
20,750,204 total square feet non-residential development
+ 15,127,200 total square feet of residential development
35,877,404 total square feet of residential and non-residential uses
Fees:
$1,168,713 costs = $0.03 per square foot
35,877,404 total square feet
Non Residential Uses: $0.03 per square foot
Residential Uses: $24.00 per unit($0.03 x 800 square feet)
LIBRARY FACILITIES FEE
Residential Uses $486.77per unit
The increase of density in the Platinum Triangle to an expected population over 27,000 residents requires
the inclusion of a library facility in the Platinum Triangle. The library facilities fee includes the cost of
the purchase of a 10,000 square foot commercial condominium shell space with 50 assigned parking
spaces as well as FF&E and an opening day collection. The projected project cost for a 10,000 square
foot library facility in the Platinum Triangle is$8,004,000. The individual unit library impact fee for the
Platinum Triangle is now$486.77 per unit.
46 ;,
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EXHIBIT F
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EXHIBIT G
FORM ASSIGNMENT AND ASSUMPTION AGREEMENT
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT(the"Assignment")is hereby
made as of ,20_(the"Effective Date"),by and between SRB Management,LLC,a
Delaware limited liability company("Assignor")and ,a
("Assignee").
RECITALS
A. Assignor and the City of Anaheim(the"City")entered into that certain Disposition and
Development Agreement with an effective date of ,20_,recorded at No. in
the official records of the Orange County Clerk-Recorder Department(the"DDA").
B. Section 11.1.2 of the DDA contemplates that Assignor may sell or lease(a"Transfer")
the Property or any portion thereof(the"Transferred Property")and, in connection with any such sale
or lease,assign or transfer all or any portion of its respective interests,rights or obligations under the
DDA to any third person purchasing or leasing the Transferred Property(the"Transferee").
C. Section 11.1.2(a)of the DDA provides that Assignor shall remain fully liable for all
obligations and requirements of the DDA after the effective date of the Transfer;provided however,that
except as provided in Section 11.1.2(b)of the DDA,Assignor shall be released from liability or
obligation if,among other requirements,prior to the effective date of the Transfer(i)Assignor and
Assignee execute and deliver to City this Assignment,and(ii)the City Manager consents to this
Assignment.
D. In conjunction with Assignor's[sale] [lease] of a portion of the property subject to the
DDA(the"Property")to Assignee,Assignor and Assignee desire to provide by this Assignment for
Assignor to assign to Assignee the obligations and requirements of the DDA specified herein,for
Assignee to accept such assignment and assume such obligations and requirements hereunder,and for
Assignor to be released from liability or obligation for such assumed obligations and requirements
effective on the Transfer of the Transferred Property from Assignor to Assignee.
13 Pursuant to Section 11.1.2(a)of the DDA,the City has separately reviewed and approved
Assignee's relevant development experience and creditworthiness.
F. The parties desire for the City to consent to this Assignment pursuant to Section 11.1.2(a)
of the DDA.
NOW,THEREFORE,Assignor and Assignee hereby agree as follows:
AGREEMENT
1. Assignment and Assumption. Assignor hereby assigns to Assignee the obligations and
requirements specified on Exhibit B hereto(the "Assigned Obligations and Requirements"). Assignee
hereby accepts assignment of the Assigned Obligations and Requirements and agrees, from and after the
effective date of Assignor's Transfer of the Transferred Property to Assignee,to timely perform all of the
Assigned Obligations and Requirements on behalf and for the benefit of Assignor pursuant to the DDA,
but specifically excluding the assumption of responsibility for actual claims of Default, if any,pursuant to
52
the DDA that City has made against Assignor prior to the effective date of the Transfer of the Transferred
Property from Assignor to Assignee("Claims").
2. Security for Performance. Assignee shall provide the security as set forth on Exhibit C
attached hereto to secure its performance of the Assigned Obligations and Requirements hereunder.
3. Release. From and after the Effective Date, Assignee hereby releases Assignor from
performance of the Assigned Obligations and Requirements, excluding (i) any Claims (as defined in
Section 1 hereof, for which Assignor shall remain liable); and (ii) Assignor's obligations pursuant to
Sections 8.4 and 8.5 of the DDA.2.
4. Successors and Assigns. This Assignment shall be binding upon and shall inure to the
benefit of Assignor and Assignee, their respective successors and assigns and the City, as consenting
party and third-party beneficiary hereof.
5. Governing Law. This Assignment has been entered into, is to be performed entirely
within,and shall be governed by and construed in accordance with the laws of the State of California.
6. Further Assurances. Each party hereto covenants and agrees to perform all acts and
things, and to prepare, execute and deliver such written agreements, documents and instruments as may
be reasonably necessary to carry out the terms and provisions of this Assignment.
7. Counterparts. This Assignment may be executed in multiple counterparts, each of which
shall be deemed an original and all of which when taken together shall constitute one and the same
document.
8. Recording. The parties shall cause a copy of this Assignment to be recorded in the
official records of Orange County,California no later than ten(10)days after the Effective Date.
[SIGNATURE PAGE FOLLOWS]
2 Assignor may be released from its obligations under Sections 8.4 and 8.5 of the DDA if Assignor sells
all or substantially all of the Project residential density.
53
IN WITNESS WHEREOF,the undersigned,thereunto duly authorized on behalf of each
respective party,have executed this Assignment as of the Effective Date first set forth above.
ASSIGNOR:
SRB MANAGEMENT,LLC,
a Delaware limited liability company
By:
Name:
Title:
ACKNOWLEDGEMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached,and not the truthfulness,
accuracy,or validity of that document.
State of California )
: SS
County of Orange )
On 20_before me, personally
appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
54
IN WITNESS WHEREOF,the undersigned,thereunto duly authorized on behalf of each
respective party,have executed this Assignment as of the Effective Date first set forth above.
ASSIGNEE:
f 1,
of 1
By:
Name:
Title:
ACKNOWLEDGEMENT
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached,and not the truthfulness,
accuracy,or validity of that document.
State of California )
: SS
County of Orange )
On 20_ before me, personally
appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
55
CONSENT OF CITY TO ASSIGNMENT
City hereby acknowledges and consents to the above Assignment,and releases Assignor from
further liability under the DDA to the extent described in Sections 1 and 2 of this Assignment.
CITY:
CITY OF ANAHEIM,
a municipal corporation and charter city
By:
Name:
Title:
Attest:
Theresa Bass,City Clerk
Approved as to Form:
Robert Fabela, City Attorney
Date of Execution: ,2020
56
EXHIBIT A
to Form Assignment and Assumption Agreement
PROJECT SITE LEGAL DESCRIPTION
[TO BE INSERTED]
57
EXHIBIT B
to Form Assignment and Assumption Agreement
ASSIGNED OBLIGATIONS AND REQUIREMENTS
[TO BE INSERTED]
58
EXHIBIT C
to Form Assignment and Assumption Agreement
FORM OF SECURITY FOR PERFORMANCE
[TO BE INSERTED]
EXHIBIT H
CONDITIONS OF DDA APPROVAL
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
PRIOR TO PROJECT VESTING TENTATIVE TRACT MAP APPROVAL
1 The developer shall cooperate in good faith with the City in its Planning Services
annexation application process with the Orange County Local Division,Planning
Agency Formation Commission (LAFCO) to adjust the existing and Building
City boundary line with the City of Orange, where 0.302 acre of Department;
land along the eastern property line of the project site would be
annexed from the City of Orange to the City of Anaheim. Engineering Division
(Development
Services),
Public Works
Department
2 The developer shall submit a final design-level geotechnical Engineering Division
evaluation of the eastern slope providing lateral support to the (Development
project to the Public Works Department, subject to review and Services),
approval by the City Engineer. The evaluation shall include static Public Works
stability to provide a minimum factor of safety to the project of Department
1.5, seismic stability to provide a minimum factor of safety to the
project of 1.1 per requirements of State of California Special
Publication 117A, and lateral spreading due to liquefaction
potential to a minimum factor of safety of 1.1 per requirements of
State of California Special Publication 117A. The Project shall
implement the recommendations in the report.
3 If determined necessary by the Public Works Department, the Engineering Division
developer shall submit preliminary drainage study, preliminary (Development
water quality management plan, preliminary geotechnical Services),
feasibility report, and preliminary sewer study to the Public Public Works
Works Department, subject to review and approval by the City Department
Engineer.
4 The developer shall indicate on plans for the Project Vesting Water Engineering
Tentative Tract Map an on-site public water main looping that Division,Public
interconnects existing water mains on Orangewood Avenue, Utilities Department
Katella Avenue, State College Boulevard, and Douglas Road to
provide water supplies to the Property and surrounding areas, and
an easement shall be provided.
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
5 The developer shall indicate on plans for the Project Vesting Water Engineering
Tentative Tract Map an on-site recycled main that connects to the Division,Public
existing recycled water main on State College Blvd, and an Utilities Department
easement shall be provided.
6 The developer shall indicate on plans for the Project Vesting Water Engineering
Tentative Tract Map that the existing 8-inch water main located at Division,Public
the north side of the Property that crosses the existing railroad Utilities Department
shall be protected in place, and that an adequately sized easement
for this existing water main to allow for repair/replacement of the
pipeline under the railroad shall be provided.
7 The developer shall submit, and the Operations Division Operations Division
(Sanitation) of the Public Works Department shall approve, the (Sanitation),Public
following items: Works Department
• Sewer and storm drain manhole locations and Detour
Plan Criteria
• Trash truck turning radius
The approved information shall be shown on each subsequent
Street Improvement Plan submitted to the Public Works
Department.
PRIOR TO FINAL PROJECT VESTING TRACT MAP APPROVAL
8 The developer shall execute a maintenance covenant with the City Engineering Division
of Anaheim in a form that is approved by the City Engineer and (Development
the City attorney for the private improvements including but not Services),
limited to private utilities, drainage devices, parkway landscaping Public Works
and irrigation,private street lights,etc. in addition to maintenance Department
requirements established in the Water Quality Management Plan
(WQMP) as applicable to the project. The covenant shall be
recorded concurrently with any Final Map.
9 The developer shall finalize, obtain City Council approval, and Engineering Division
record any required abandonment of any existing public (Development
roadways, public utilities and public utilities easements to the Services),
satisfaction of the Engineering Division (Development Services), Public Works
Public Works Department. Department
61
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
10 The legal property owner shall execute a Subdivision Agreement Engineering Division
and submit security in an amount acceptable to the City Engineer (Development
to guarantee construction of the public improvements required Services),
herein. Security deposit shall be in accordance to City of Public Works
Anaheim Municipal Code. The agreement shall be recorded Department
concurrently with any Final Map.
11 The developer shall execute a Save Harmless Agreement with the Engineering Division
City of Anaheim for any storm drain connections to the City's storm (Development
drain system. The agreement shall be recorded concurrently with Services),
any Final Map. Public Works
Department
PRIOR TO RECORDATION OF ANY APPLICABLE SUBDIVISION MAP
12 If determined necessary by the Fire Chief, in consultation with Anaheim Fire&
City Traffic Engineer, the applicant shall enter into an agreement Rescue
with the City for the installation of traffic signal preemption
equipment for the surrounding controlled intersections.
PRIOR TO APPROVAL OF FIRST FINAL SITE PLAN
13 Prior to approval any Final Site Plan for project(s)that include the Planning Services
0.302-acre portion of the Property located in the City of Orange, Division,Planning
the required LAFCO annexation/boundary adjustment for the and Building
subject 0.302-acre portion of property shall be completed and the Department
boundary decision by LAFCO shall be deemed to be final and
conclusive.
14 The developer shall submit engineering studies to size the water Water Engineering
mains for ultimate development to the Water Engineering Division,Public
Division of the Public Utilities Department for review and Utilities Department
approval by the General Manager, Public Utilities Department, or
his authorized designee. The water system may be constructed
incrementally, provided that said incremental phasing is adequate
to provide municipal and fire flow protection for the proposed
development phasing and the water facilities installed under said
incremental phasing are sized to provide the future municipal
demands and fire protection for any future phasing/development
that will ultimately be served by those water facilities.
62
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
15 The developer shall submit a comprehensive utility layout plan Water Engineering
showing all utilities including, but not limited to Water, Sewer, Division,Public
Storm Drain, Electric, Gas, Cable, and etc. to Water Engineering Utilities Department
Division, Public Utilities Department for review and approval.
PRIOR TO APPROVAL OF EACH FINAL SITE PLAN
16 Submit a written Solid Waste Management Plan (SWMP) Operations Division
providing proposed trash removal services for residential, (Sanitation),Public
commercial and/or industrial locations to the Operations Division Works Department
(Sanitation)of the Public Works Department,subject to its review
and approval. All projects shall utilize City standards in planning
trash truck circulation including but not limited to public or
private streets, turning radius, etc., along with all City, county,
and state legislation regarding solid waste disposal and recycling
including but not limited to recycling and organics.
17 A shade/shadow analysis shall be submitted in conjunction with Planning Services
each Final Site Plan for development projects where adjacent uses Division,
include shadow sensitive areas(e.g. public parks and common Planning and
recreational and amenity areas). The analysis shall demonstrate Building Department
that the proposed project would not preclude shadow sensitive
receptors'exposure to a reasonable level of natural sunlgiht, in
consideration of the mixed-use urban context of the development.
18 Plans for applicable residential projects shall show the allocation Planning Services
of affordable units required by Section 8.4 of the DDA. Division,
Planning and
Building
Department;
Community&
Economic
Development
Department
19 Plans shall be in compliance with the Master Site Plan, Project Planning Services
Vesting Tentative Tract Map, and Development Areas Plan. Division.
Planning and
Building Department
63
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
20 Architectural plans shall demonstrate that all air conditioning Planning Services
facilities and other roof- and ground-mounted equipment shall be Division.
properly shielded from view from any public right-of-way, public Planning and
property or any adjacent property,as may be seen from a point six Building Department
(6) feet above ground level on such adjacent property, public
property, or sidewalk on the opposite side of the street with roof
plans, elevations, and line-of-sight plans.
21 Plans shall identify the location of a delivery parking stall for all Planning Services
delivery services and indicate that the stall shall be posted with a Division.
sign that indicates it is a reserved space for short term delivery. Planning and
Building Department
22 Plans shall designate locations and easements for all electric Electrical
utility equipment needed to service the project. Said locations of Engineering
the proposed electric utility equipment shall be reviewed and Division,
approved by the Public Utilities Department. Public Utilities
Department
23 The developer shall submit preliminary drainage study, Engineering Division
preliminary water quality management plan, preliminary (Development
geotechnical feasibility report, and preliminary sewer study to the Services),
Public Works Department, subject to review and approval by the Public Works
City Engineer. Department
24 Plans shall identify easements for emergency,public utility and Engineering Division
other public purposes for fire access as required. (Development
Services),
Public Works
Department
25 Plans for projects with podium buildings shall indicate that a Operations Division
minimum horizontal clearance of 16 feet or other clearance as (Sanitation),
determined acceptable by the Operations Division (Sanitation) of Public Works
the Public Works Department shall be provided and maintained Department
on the ground floor parking structure to allow access for the trash
bin retrieval vehicle. A"No Parking Between the Hours of 7 a.m.
and 5 p.m." sign shall be posted to allow trash bin retrieval
access. Said information shall be specifically shown on plans
submitted for building permits.
64
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
26 Plans shall indicate that trash storage areas and trash chutes shall Operations Division
be provided and maintained in a location acceptable to the Public (Sanitation),
Works Department,Operations Division(Sanitation). Public Works
Department
27 For residential projects including a podium or structured parking, Operations Division
plans shall indicate that a separate 8' x 10' enclosed and secured (Sanitation),
bulky item storage area, located within 25' of the trash pick-up Public Works
area, shall be provided and maintained, as required by the Public Department
Works Department,Operations Division(Sanitation).
28 If determined as necessary by the Public Works Department, an Operations Division
on-site trash truck turnaround area shall be provided per (Sanitation),
Engineering Standard Detail No. 476 and maintained to the Public Works
satisfaction of the Public Works Department, Operations Division Department
(Sanitation).
29 Plans shall show any proposed gates and shall demonstrate that Engineering Division
gates shall not be installed across any driveway or private street in (Traffic and
a manner which may adversely affect vehicular traffic on the Transportation),
adjacent public street. The location of any proposed gates shall Public Works
be subject to the review and approval of the City Traffic Department
Engineer. The approved gate locations shall be specifically
shown on plans submitted for building permits and all gates shall
be installed prior to the first final building and zoning inspection
for the parking lot/parking structure.
30 For projects with security gates and vehicle turn-around lanes,the Engineering Division
location of said gates and lanes and how they will function shall (Traffic and
be reviewed and approved by the City Traffic Engineer and the Transportation),
Anaheim Fire&Rescue. Public Works
Department
Anaheim Fire&
Rescue
65
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
31 The developer shall identify on plans easements for all large Water Engineering
domestic above-ground water meters and fire hydrants, including Division,Public
a five(5)-foot wide easement around the fire hydrant and/or water Utilities Department
meter pad; and twenty (20) foot wide easements for all water
service mains and service laterals all to the satisfaction of the
Water Engineering Division. The easements shall be granted on
the Water Engineering Division of the Public Utilities
Department's standard water easement deed. The easement deeds
shall include language that requires the property owner to be
responsible for restoring any special surface improvements, other
than asphalt paving, including but not limited to colored concrete,
bricks, pavers, stamped concrete, decorative hardscape, walls or
landscaping that becomes damaged during any excavation, repair
or replacement of City owned water facilities. Provisions for the
repair, replacement and maintenance of all surface improvements
other than asphalt paving shall be the responsibility of the
property owner and included and recorded in the CC&Rs. Said
easements shall be irrevocably offered for dedication to the City
of Anaheim prior to the issuance of the first building permit for
the Final Site Plan, the first builder final tract or parcel map, or
approval of the water improvement(UWM)plan.
32 The developer shall submit plans demonstrating that all backflow Water Engineering
equipment are located above ground outside of the street setback Division,Public
area in a manner fully screened from all public streets and alleys Utilities Department
in locations approved by the Water Engineering Division of the
Public Utilities Department. Any backflow assemblies currently
installed in a vault will have to be brought up to current standards.
Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside of the
street setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on
plans and approved by Water Engineering and Cross Connection
Control Inspector.
PRIOR TO ISSUANCE OF GRADING PERMITS
66
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
33 Prior to the issuance of a Grading Permit for"H" Street as shown Engineering Division
on the Master Site Plan, the developer shall submit street (Traffic and
improvement plans for the installation of median along Transportation),
Orangewood Ave to the Public Works Department, Engineering Public Works
Division (Development Services) for review and approval. The Department
median shall prevent left turns in/out of "H" Street from/to
Orangewood Ave due to the offset with Dupont Drive (E). The
median will extend from Dupont Drive (W) to east of Dupont
Drive (E) to a point where it effectively restricts those left-turn
movements, to the satisfaction of the City Engineer. Said
improvement shall be constructed by the developer, at the cost of
the developer, and the median construction and final inspection
shall be completed prior to"H"Street opening.
34 Prior to issuance of any grading permit, the Applicant shall Planning Services
provide written evidence to the Planning and Building Division,
Department Director, that a Native American monitor has been Planning and
retained to observe grading activities in native sediment and to Building Department
recover and catalogue tribal cultural resources as necessary. The
Native American monitor shall be present at the pre-grade
conference, shall establish procedures for tribal cultural resource
surveillance, and shall establish, in cooperation with the City,
procedures for temporarily halting or redirecting work to permit
the sampling, identification, and evaluation of the tribal cultural
resource as appropriate. If the tribal cultural resources and/or
human remains are found to be significant, the Native American
observer shall determine appropriate actions, in cooperation with
the City for exploration and/or recovery.
35 Prior to applying for the first water meter or fire service or first Water Engineering
submittal of the Water Improvement Plans, the developer shall Division,Public
submit a set of improvement plans to Water Engineering Utilities Department
Division, Public Utilities Department for review and approval in
determining the conditions necessary for providing water service
to the project.
67
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
36 The developer shall submit a Water Quality Management Plan Engineering Division
(WQMP)for review and approval by the Engineering Division (Development
(Development Services),Public Works Department.The WQMP Services),Public
shall address the following items: Works Department
• The WQMP shall include information such as soils
analysis,prior contamination,depth to groundwater,etc.
to determine the acceptability and capability of this site
to use infiltration.
• The criteria identified in the DAMP in order to allow
infiltration to occur on a site must be evaluated and
deemed adequate for the determination to be made to
infiltrate onsite.
• The developer shall obtain approval for infiltration from
the City and from the Orange County Water District.
The City will coordinate the review of this proposed
infiltration system to obtain comments.
• The WQMP and grading plans shall show that flows are
conveyed to the infiltration areas.
• The WQMP shall show the required pretreatment for any
focused infiltration. The pretreatment system may be
landscape swales,filter strips or bio-retention areas(rain
gardens),prior to reaching the infiltration system.
37 The developer shall submit a site specific Drainage Study Engineering Division
prepared by a registered professional Civil Engineer in the State (Development
of California. The Study shall be based upon and reference the Services),Public
latest edition of the Orange County Hydrology Manual and the Works Department
applicable City of Anaheim Master Plan of Drainage for the
project area. All drainage sub-area boundaries per the Master
Plan for Drainage shall be maintained. The Study shall include:
an analysis of 10-, 25- and 100-year storm frequencies; an
analysis of all drainage impacts to the existing storm drain system
based upon the ultimate project build-out condition; and address
whether off-site and/ or on-site drainage improvements (such as
detention/ retention basins or surface runoff reduction) will be
required to prevent downstream properties from becoming
flooded.
68
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
38 The developer shall demonstrate that coverage has been obtained Engineering Division
under California's General Permit for Stormwater Discharges (Development
Associated with Construction Activity by providing a copy of the Services),Public
Notice of Intent (NOI) submitted to the State Water Resources Works Department
Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) Number.
The applicant 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.
39 Project improvement plans shall incorporate the required drainage Engineering Division
improvements, and the mechanisms proposed in the approved (Development
Drainage Report. No offsite run-off shall be blocked during and Services),Public
after grading operations or perimeter wall construction. Works Department
40 Portions of existing infrastructure to be replaced, if any, shall be Operations Division
demolished. The developer shall obtain a demolition permit from (Sanitation),
the Building Division, Planning and Building Department. Plans Public Works
submitted for the demolition permit shall include a demolition Department
recycling plan which has been reviewed and approved by the
Public Works Department, Operations Division(Sanitation). The
demolition recycling plan shall indicate type of material to be
demolished, anticipated tonnage diverted and anticipated tonnage
landfilled. Inert demolition material (dirt, concrete, masonry,
asphalt, etc.) shall be disposed of in an inert reclamation site, or
diverted by other means rather than landfilled.
PRIOR TO ISSUANCE OF BUILDING PERMIT FOR EACH BUILDING
41 The developer shall submit improvement, landscaping and Community Services
lighting plans for the Mini-Parks required by Section 8.6 of the Department
DDA for review and approval by the Community Services
Director.
69
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
42 The property owner/developer shall coordinate with Electrical Electrical
Engineering to establish electrical service requirements and Engineering
submit electric system plans,electrical panel drawings, site plans, Division,
elevation plans,and related technical drawings and specifications. Public Utilities
New electrical infrastructures (e.g. 12kV underground Department
distribution facilities as determined by the Public Utilities)will be
required in order to connect and serve the proposed project
development. The construction schedule of the new electrical
infrastructures is dependent on the different phases of the project
and will include, but not limited to, the extension of existing and
new distribution circuits and related substructures outlined under
the Mitigation Measures. The existing electrical facilities
configuration currently within the project site shall be retained,
and the property shall be served with underground facilities per
the City of Anaheim Underground Policy.
43 The developer shall post an electrical performance bond as Electrical
determined by Public Utilities Department. Engineering
Division,
Public Utilities
Department
44 Provide a Fire Master Plan to identify emergency vehicle access Anaheim Fire&
and water availability/fire flow. Access features shall be Rescue
provided and maintained in accordance with Anaheim Fire &
Rescue Specifications and Requirements.
45 Permanent, temporary, and phased emergency access roads shall Anaheim Fire&
be designed to support an imposed load of 78,000 lbs. and Rescue
surfaced to provide all-weather driving capabilities.
46 Prior to the issuance of the building permit or grading permit for Water Engineering
the existing or new stadium, whichever occurs first, a Division,Public
separate/dedicated irrigation service, meter, and backflow Utilities Department
prevention device will be required for the stadium.
47 A private water system with separate water service for fire Water Engineering
protection and domestic water shall be provided and shown on Division,Public
plans submitted to the Water Engineering Division of the Utilities Department
Anaheim Public Utilities Department.
70
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
48 Per California Water Code, Division 1, Chapter 8, Article 5, Water Engineering
Section 537-537.5) as amended by Senate Bill 7, water Division,Public
submetering shall be furnished and installed by the developer and Utilities Department
a water submeter shall be installed to each individual unit.
Provisions for the ongoing maintenance and operation (including
meter billing) of the submeters shall be the responsibility of the
developer and included and recorded in the Master CC&Rs for
the project.
49 All backflow equipment shall be located above ground outside of Water Engineering
the street setback area in a manner fully screened from all public Division,Public
streets and alleys. Any backflow assemblies currently installed in Utilities Department
a vault will have to be brought up to current standards. Any other
large water system equipment shall be installed to the satisfaction
of the Water Engineering Division outside of the street setback
area in a manner fully screened from all public streets and alleys.
Said information shall be specifically shown on plans and
approved by Water Engineering and Cross Connection Control
Inspector.
50 All requests for new water services, backflow equipment, or fire Water Engineering
lines, as well as any modifications, relocations, or abandonments Division,Public
of existing water services, backflow equipment, and fire lines, Utilities Department
shall be coordinated and permitted through Water Engineering
Division of the Anaheim Public Utilities Department.
51 All existing water services and fire services shall conform to Water Engineering
current Water Services Standards Specifications. Any water Division,Public
service and/or fire line that does not meet current standards shall Utilities Department
be upgraded if continued use is necessary or abandoned if the
existing service is no longer needed. The developer shall be
responsible for the costs to upgrade or to abandon any water
service or fire line.
71
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
52 A water improvement (UWM) plan showing said improvements Water Engineering
must be submitted to the Water Engineering Division for review Division,Public
and approval. The developer shall abandon and remove the Utilities Department
existing previously installed public water facilities and install new
public water facilities per the direction and approval of the
General Manager, Public Utilities Department, or his authorized
designee. The cost for said removals and installations, including
the cost of design review, inspection and supervision by the
Utility, shall be paid directly by the developer. All public water
facilities shall be designed and constructed in accordance with the
Water Engineering Division's standards and specifications.
53 Prior to the issuance of the first Water Improvement (UWM) Water Engineering
permit, the developer shall irrevocably offer to dedicate to the Division,Public
City of Anaheim (i) an easement for all large domestic above- Utilities Department
ground water meters and fire hydrants, including a five (5)-foot
wide easement around the fire hydrant and/or water meter pad.
(ii) a twenty (20) foot wide easement for all water service mains
and service laterals all to the satisfaction of the Water
Engineering Division. The easements shall be granted on the
Water Engineering Division of the Public Utilities Department's
standard water easement deed. The easement deeds shall include
language that requires the Owner to be responsible for restoring
any special surface improvements, other than asphalt paving,
including but not limited to colored concrete, bricks, pavers,
stamped concrete, decorative hardscape,walls or landscaping that
becomes damaged during any excavation, repair or replacement
of City owned water facilities. Provisions for the repair,
replacement and maintenance of all surface improvements other
than asphalt paving shall be the responsibility of the Owner and
included and recorded in the Master CC&Rs for the project. Such
information shall be shown on plans submitted for building
permits.
72
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
54 Prior to first submittal of Water Improvement (UWM) Plans, the Water Engineering
developer shall submit a water system master plan, including a Division,Public
hydraulic distribution network analysis, for Public Utilities Water Utilities Department
Engineering review and approval. The developer/owner shall
submit a water system master plan, including a hydraulic
distribution network analysis, for Public Utilities Water
Engineering Division review and approval. The master plan shall
demonstrate the adequacy of the proposed public mains to meet
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.
If development is to be constructed in more than one phase, the
master plan shall include a phasing plan with supporting
hydraulic network analysis for the various phases showing that
any proposed incremental phasing is adequate to provide
municipal demands and fire flow protection for the proposed
development phasing and the water facilities installed under said
incremental phasing are sized to provide the future municipal
demands and fire protection for the Project. The installation of
services/meters/backflow prevention devices will only be allowed
for active development phases. Future services/meters/backflow 1
prevention devices shall be installed in conjunction with
subsequent development phases. Stub-outs and/or inactive
services will not be allowed.
55 Prior to applying for the first water meter or fire service or first Water Engineering
submittal of the Water Improvement(UWM)Plans,the developer Division,Public
shall submit to the Public Utilities Department Water Engineering Utilities Department
Division an estimate of the maximum fire flow rate and
maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the
existing water system to provide the estimated water demands.
Any off-site water system improvements required to serve the
project shall be done in accordance with Rule No. 15A.1 of the
Water Utility Rates,Rules,and Regulations.
73
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
56 Water improvement plans shall be submitted to the Water Water Engineering
Engineering Division for approval and a performance bond in the Division,Public
amount approved by the City Engineer and form approved by Utilities Department
City Attorney shall be posted with the City of Anaheim.
57 Individual water service and/or fire line connections will be Water Engineering
required for each parcel or residential,commercial, industrial unit Division,Public
per Rule 18 of the City of Anaheim's Water Rates, Rules and Utilities Department
Regulations.
58 The developer shall contact Water Engineering for recycled water Water Engineering
system requirements and specific water conservation measures to Division,Public
be incorporated into the building and landscape construction Utilities Department
plans.
59 If the total new or modified landscaping area exceeds 1,000 Water Engineering
square feet, a separate water service lateral, meter, and backflow Division,Public
prevention device are required for irrigation for each individual Utilities Department
subdivided project site or parcel.
60 Prior to the issuance of the first Water Improvement (UWM) Water Engineering
permit, Platinum Triangle water facilities fee and/or advances to Division,Public
the Water Engineering Division shall be paid in accordance with Utilities Department
Rule 15D of the Water Utility Rates,Rules, and Regulations.
61 All units shall be assigned street addresses by the Building Building Division,
Division, Planning and Building Department. Street names for Planning and
any new public or private street(if requested by the developer or Building Department
required by the City) shall be submitted to and approved by the
Building Division.
62 The phase of the Final Vesting Tract Map in which the Final Site Engineering Division
Plan is located shall be recorded. (Development
Services),
Public Works
Department
63 If there is any tract or parcel map submitted and approved by the Engineering Division
City subsequent to the Final Vesting Tentative Map, such map(s) (Development
shall be recorded pursuant to the Subdivision Map Act and in Services),Public
accordance with City Code. Provide a duplicate photo Mylar of Works Department
the recorded map to the City Engineer's office.
74
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
64 The developer shall post a security to guarantee the construction Engineering Division
of public works improvements in an amount approved by the City (Development
Engineer and in a form approved by the City Attorney. Services),Public
Works Department
65 A Right of Way Construction Permit shall be obtained from the Engineering Division
Engineering Division (Development Services) for all work (Development
performed in the public right of-way. Services),Public
Works Department
66 Plans shall specifically indicate the following: Engineering Division
• All fire lanes posted with"No Parking Any Time." (Traffic and
• All vehicular ramps and grades conform to all applicable Transportation),
Engineering Standards. Public Works
• Curbs adjacent to drive aisles painted red to prohibit Department
parallel parking in the drive aisles
67 Plans for any parking structure shall demonstrate that at-grade Engineering Division
ducts and overhead pipes shall not encroach in the parking space (Traffic and
area or required vehicle clearance area in parking structures. Transportation),
Public Works
Department
68 Final landscaping plans in compliance with all Code requirements Planning Services
shall be submitted for review and approval by the Planning Division,Planning
Department. The said landscaping plan must be in conformance and Building
with the City's Landscape Water Efficiency Ordinance (Chapter Department
10.19) and the Zoning Code. Landscaping shall be installed prior
to the final zoning inspection or issuance of a Certificate of
Occupancy.
69 Prior to the approval of each street improvement plan for the Planning Services
connector streets within the project boundary,the developer shall Division,Planning
submit production landscape plans for the street parkways and Building
designed in conformance with the approved Landscape Plans of Department
each Final Site Plan exhibit and Section 4 of the Platinum
Triangle Master Land Use Plan(PTMLUP).
70 Plans shall indicate that the public parking structures shall be Planning Services
posted "No Overnight Parking, Except by Permission of the Division,Planning
Management." and Building
Department
75
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
71 The plans shall show that any video, satellite or other Planning Services
cable/transmission television wiring (concealed from outside the Division,Planning
building)shall be provided to each unit and a note shall be added and Building
to the construction drawings stating that individual television Department
service involving the installation of individual dish
receivers/transmitters on the exterior of the building shall not be
allowed.
72 All applicable park fees shall be paid subject to Chapter 17.34 of Community Services
the Anaheim Municipal Code. Department
73 Plans shall show that the property will be served with Electrical
underground electric utilities per the Electrical Utility Rates, Engineering
Rules, Regulations, and Electrical Specifications of Underground Division,
Systems. Public Utilities
Department
74 Prior to the issuance of the first building permit for each Final Anaheim Fire&
Site Plan, or prior to the delivery of combustible materials for Rescue
construction of buildings, whichever occurs first, the developer
shall complete all necessary water facilities to provide the fire
flows required by the Anaheim Fire & Rescue. Said information
shall be specifically shown on plans submitted for building
permits.
75 Fire hydrants shall be installed and charged as required by the Anaheim Fire&
Anaheim Fire & Rescue and shall meet minimum Anaheim Fire Rescue
& Rescue Specifications and Requirements for spacing, distance
to structure and available fire flow.
76 The applicant shall submit, and the Anaheim Fire & Rescue and Anaheim Fire&
the City Attorney's Office shall approve, a recorded use Rescue;
agreement for all parcels sharing fire protection equipment and
associated appurtenances. City Attorney's
Office
76
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
77 Plans for each parking structure shall indicate that adequate Police Department
lighting shall be provided on all levels of the parking structures,
including circulation areas, aisles, passageways, recesses, and
grounds contiguous to buildings. Lighting shall be of sufficient
wattage to provide adequate illumination to make clearly visible
the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all
persons, property, and vehicles on-site. A minimum lighting
level of one (1) foot-candle measured at the parking surface shall
be maintained for the parking structure with a maximum to
minimum ratio no greater than 10:1.
78 The developer shall pay the Public Safety Impact Fee, as Police Department
amended from time to time, for police facilities and equipment
impact fees identified in Anaheim Municipal Code Chapter 17.36.
79 Plans shall show the following: Police Department
• Each individual building and unit clearly marked with its
appropriate building number and address. These numbers
shall be positioned so they are easily viewed from
vehicular and pedestrian pathways throughout the
complex. Main building numbers shall be a minimum of
12 inches in height. Main building numbers and address
numbers shall be illuminated during hours of darkness.
Said numbers shall be installed prior to the first final
building and zoning inspection for each building.
• Physical barriers capable of stopping or deflecting a
moving vehicle (i.e. low concrete wall, concrete planters,
or steel bollards)between any outdoor areas and adjacent
parking spaces.
• Perimeter fencing to enhance territorial reinforcement
and create defensible space along east side bordering the
Santa Ana River bed/trail,wherever possible.
• Address numbers on the roof of each building in a
contrasting color to the roof material. Such numbers shall
be minimum 4-foot in height and 2-foot in width, and the
lines of the numbers shall be a minimum of 6-inches
thick. The numbers shall be spaced 12- to 18-inches
apart. Said numbers shall not be visible from view of the
street or adjacent properties.
77
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
80 The building pads shall be certified for compaction by the soils Engineering Division
engineer and for line and grade by the civil engineer. All pad (Development
grade changes shall be submitted to the Public Works Services),
Department as part of a grading permit application for review Public Works
and approval. The compaction report shall document all Department
required soil fill and reconditioning procedures by the grading
contractor, including compaction testing protocol and
maintenance of records. Areas that are not fully documented
and certified by the geotechnical engineer and inspected by the
City up to the final pad elevation may need to be over-excavated
to the satisfaction of the City Engineer.
81 Plans shall be submitted providing a separate Knox box for the Operations Division
trash truck at each applicable gate entrance. (Sanitation),Public
Works Department
82 The developer shall submit a final written Solid Waste Operations Division
Management Plan (SWMP) signed by the property owner to the (Sanitation),Public
Operations Division (Sanitation) of the Public Works Works Department
Department, subject to its review and approval. Said Solid Waste
Management Plan shall be referred to in the project's Covenants,
Conditions and Restrictions(CC&Rs)which shall be recorded for
the property.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION FOR EACH FINAL SITE PLAN
83 Prior to connection of electrical service, the legal owner shall Electrical
provide to the City of Anaheim a Public Utilities easement with Engineering
dimensions as shown on the approved utility service plan. Division,
Public Utilities
Department
84 Prior to connection of electrical service, the legal owner shall Electrical
submit payment to the City of Anaheim for service connection Engineering
fees. Division,
Public Utilities
Department
85 Prior to occupancy, the legal owner shall install street lights as Electrical
determined and planned by Public Utilities. The legal owner shall Engineering
post a bond for street lighting as determined by Public Utilities Division,
per Rule 24 front foot fees. Public Utilities
Department
78
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
86 The developer shall install an approved backflow prevention Water Engineering
assembly on the water service connection(s)serving the property, Division,Public
behind property line and building setback in accordance with Utilities Department
Public Utilities Department Water Engineering Division
requirements.
87 Any required relocation of City electrical facilities shall be Electrical
completed at the developer's expense. Landscape and/or Engineering
hardscape screening of all pad-mounted equipment shall be Division,
required outside the easement area of the equipment, unless Public Utilities
otherwise approved by the Public Utilities General Manager. Department
Said information shall be specifically shown on plans submitted
for building permits.
79
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
88 The property owner/developer shall submit Covenants Conditions Engineering Division
and Restrictions (CC&Rs) that are prepared by an authorized (Development
professional,subject to review and approval by the City Engineer, Services),Public
Planning & Building Department Director, and City Attorney, Works Department;
which will generally provide for the following:
• A requirement that residents shall use designated Planning Services
parking area, including garages,only for the parking Division,Planning
of vehicles. and Building
• A provision that parking garages are subject to Department;
inspection by the Association or City of Anaheim
staff. City Attorney's
• A provision requiring that proposed amendments to Office
the CC&Rs shall be submitted for review to the City
Engineer,Planning Director or designee,and shall be
approved by the City Attorney prior to the
amendment being valid.
• A provision that the City is a third-party beneficiary
to the CC&Rs and has the right,but not the
obligation,to enforce any of the provisions of the
CC&Rs relative to common area and utility
maintenance,Water Quality Management Plan,and
internal parking.
Such CC&Rs shall also create maintenance obligations to
maintain private on-site common areas and facilities (collectively
referred to hereinafter as the "Maintenance Areas and Facilities")
as indicated below:
• Private drives and parking(if applicable), including
sidewalks,landscaping,street lighting,mounted
lighting, signage, striping and parkways.
• Private sewer lines,grease interceptors,manholes and
clean outs.
• Private storm drain lines,area drains, inlets,manholes
and catch basins.
• Treatment Controls Best Management Practices for
Water Quality Management Plan Best Management
Practices.
• Demonstrate that the applicant is prepared to implement
all non-structural BMP's described in the Project
WQMP as required.
• Demonstrate that an adequate number of copies(for all
responsible parties)of the approved Project WQMP are
available on-site as required.
• Internal landscape areas,courtyards,common areas.
• Internal hardscape 80
• On-site fountains and art elements
• Enclosed parking structures with mail facilities,trash
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
PRIOR TO FINAL BUILDING AND ZONING INSPECTION FOR EACH BUILDING OR PHASE
89 The Affordability Covenant required by Section 8.4.2 of the DDA Community and
shall be approved by the City and be recorded against each Economic
Affordable Unit. Development
Department
90 The required automatic fire sprinkler system shall be installed and Anaheim Fire&
approved by the Anaheim Fire&Rescue. Rescue
91 The required fire alarm system shall be installed and approved by Anaheim Fire&
the Anaheim Fire&Rescue. Rescue
92 Lockable pedestrian and/or vehicular access gates shall be Anaheim Fire&
equipped with Knox devices as required and approved by the Rescue
Anaheim Fire&Rescue.
93 Unless each commercial building is initially connected to separate Anaheim Fire&
fire services, an unsubordinated covenant satisfactory to the City Rescue
Attorney's office shall be recorded prohibiting any individual sale
of buildings until separate fire services are installed in the
buildings(s)subject to the sale.
94 Fire lanes shall be posted with"No Parking Any Time." Engineering Division
(Traffic and
Transportation),
Public Works
Department
95 Prior to the final Public Works inspection for the public street Engineering Division
improvements, and prior to the final building and zoning (Development
inspection for each Final Site Plan,the developer shall: Services),Public
• Demonstrate that all structural BMP's described in the Project Works Department
WQMP have been constructed and installed in conformance
with approved plans and specifications;
• Demonstrate that the applicant is prepared to implement all
non-structural BMP's described in the Project WQMP;and,
• Demonstrate that an adequate number of copies of the
approved Project WQMP are available on-site.
96 All required WQMP items for proper operation of the system Engineering Division
shall be inspected and operational. (Development
Services),Public
Works Department
81
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
97 All required public improvements shall be constructed by the Engineering Division
developer, inspected and accepted by the Construction Services (Development
inspector. Services), Public
Works Department
98 Record Drawings and As-Built Plans shall be submitted for Engineering Division
review and approval to the Department of Public Works, (Development
Development Services Division. Services), Public
Works Department
99 All required irrevocable offers to dedicate easements shall be Engineering Division
subject to review and acceptance of all required public (Development
improvements by the Public Works Department. Services),Public
Works Department
100 All air conditioning facilities and other roof-and ground-mounted Planning Services
equipment shall be properly shielded from view from any public Division,Planning&
right-of-way, public property or any adjacent property, as may be Building Department
seen from a point six(6) feet above ground level on such adjacent
property, public property, or sidewalk on the opposite side of the
street,as depicted on the approved building plans.
101 A delivery parking stall shall be provided and posted with a sign Planning Services
that indicates it is a reserved space for short term delivery as Division,Planning&
depicted on the approved building plans. Building Department
102 Evidence in the form of a letter from the developer shall be Planning Services
provided to the Planning Services Division showing Division,Planning
implementation of the requirement for assigned resident parking. and Building
Department
103 All exterior doors shall have adequate security hardware (i.e. Police Department
deadbolt locks) for all exterior doors, which includes deadbolt
and deadlocking latch that can be retracted by a single action of
the inside doorknob/lever/turn piece. Also, all residential unit
front doors and all solid doors where exterior visibility is
compromised shall include wide-angle peepholes or other
viewing device. In addition, overhead roll-up doors shall also be
secured on the inside that the lock cannot be defeated from the
outside and shall be secured with a cylinder lock or padlock from
the inside.
82
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
104 All electrically operated gates providing emergency vehicle Police Department
access to any hotel or residential development with more than 20
rooms/residential units, or when otherwise required by the Chief
of Police or his/her designee, shall include the installation of an
electronic access system which allows for the use of a public
safety radio frequency to open the gate.
105 Provide comprehensive security alarm systems plan, if any are Police Department
implemented, to the Police Department for review and approval,
which is recommended for the following areas:
• Perimeter of buildings and access route protection
• Individual retail,restaurant,office spaces
• Robbery/panic alarm at cashier areas
• High valued storage areas
106 Provide comprehensive closed circuit television (CCTV) security Police Department
plan, if any are implemented,to the Police Department for review
and approval, which is recommended for the following areas:
interior lobby entrances, building perimeters, parking lots,
parking structures, exterior pedestrian entrance, stairwells,
interior hallways, retail space, cashier/safe areas/front desk areas,
and recreation/outdoor areas.
107 File Emergency Listing Card, Form APD-281, with the Police Police Department
Department, available at the Police Department front counter.
This card should include on and off site property management
contact information for regular business hours as well as
emergency after hours contacts. Complete a Burglary/Robbery
Alarm Permit application, Form APD 516, and return it to the
Police Department prior to initial alarm activation. This form is
available at the Police Department front counter.
108 A complex map shall be provided in electronic form to the Police Department
Anaheim Police Department.
ONGOING DURING PROJECT CONSTRUCTION
109 An all-weather access road as approved by the Anaheim Fire & Anaheim Fire&
Rescue shall be provided during construction. Rescue
83
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
110 Emergency vehicular access shall be provided and maintained in Anaheim Fire&
accordance with Anaheim Fire & Rescue Specifications and Rescue
Requirements.
ONGOING DURING PROJECT OPERATION
111 All exterior lighting within the Project Site shall comply with the Planning Services
following measures: Division,Planning
Use lighting fixtures that are adequately shielded to a point and Building
below the light bulb and reflector and that prevent Department
unnecessary glare onto adjacent properties.
Use high-pressure sodium and/or cut-off fixtures instead of
typical mercury-vapor fixtures for outdoor lighting.
Use unidirectional lighting to avoid light trespass onto
adjacent properties.
All exterior lighting, including stadium lighting,shall confine
illumination to the project site and/or to areas which do
not include light-sensitive uses.
Maintain structural and/or vegetative screening from light-
sensitive uses.
Shield and direct all new street and pedestrian lighting away
from light-sensitive off-site uses.
Use non-reflective glass or glass treated with a non-reflective
coating for all exterior windows and glass used on
building surfaces.
Architectural lighting shall be directed onto the building
surfaces and have low reflectivity to minimize glare and
limit light onto adjacent properties.
112 The Property owner shall be responsible for restoring any special Water Engineering
surface improvements, other than asphalt paving, within any Division,Public
right-of-way, public utility easement or City easement area Utilities Department
including but not limited to colored concrete, bricks, pavers,
stamped concrete, walls, decorative hardscape or landscaping that
becomes damaged during any excavation, repair or replacement
of City owned water facilities. Provisions for maintenance of all
said special surface improvements shall be included in the
recorded Master CC&Rs for the project and the City easement
deeds.
84
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
113 The developer shall distribute the written disclaimer required by Planning Services
MM 5-3 to all buyers/lessees indicating that they are Division,Planning
purchasing/leasing property that is within close proximity to and Building
Angel Stadium of Anaheim,The City National Grove of Anaheim Department
and Honda Center and that the nature of these venues includes
potentially elevated noise levels (such as crowd noise, vehicular
traffic noise, fireworks, and amplified sound) during events, and
traffic delays during event times. In addition, the developer shall
distribute the written disclaimer required by MM 5-4 to
buyers/lessees of development facing an at grade crossing of the
Orange County Line indicating that they are purchasing/leasing
property that is within close proximity to a railroad and there is a
potential for elevated noise levels during the sounding of train
horns.
114 The property owner/developer shall operate the project in Operations Division
accordance with the approved written Solid Waste Management (Sanitation),Public
Plan, as it may be modified from time to time subject to written Works Department
approval by the Director of Public Works.
115 The separate 8' x 10' enclosed and secured bulky item storage Operations Division
area shall be maintained to the satisfaction of the Public Works (Sanitation),Public
Department. Works Department
116 On-site trash truck turnaround area shall be maintained to the Operations Division
satisfaction of the Public Works Department. (Sanitation),Public
Works Department
117 All automatic fire sprinkler systems shall be maintained as Anaheim Fire&
required by the Anaheim Fire&Rescue. Rescue
118 The fire alarm system shall be maintained to the satisfaction of Anaheim Fire&
the Anaheim Fire&Rescue. Rescue
119 All permanent, temporary, and phased emergency access roads Anaheim Fire&
shall be maintained to support an imposed load of 78,000 lbs. and Rescue
surfaced to provide all-weather driving capabilities.
120 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department
lots/structures and located in other appropriate places (i.e.,
Resident gathering points and access points,bicycle parking, etc.)
Signs must be at least 12" wide x 24" high in overall size, with
white background and black 2"lettering.
85
SIGNED
NO. Conditions of Approval REVIEW BY OFF BY
12 I All entrances to parking areas should be posted with appropriate Police Department
signs per 22658(a) C.V.C. to assist in removal of vehicles at the
property owner's/manager's request.
122 Monument signs and addresses shall be well lighted during hours Police Department
of darkness.
123 If deemed necessary by the Police Department, a California- Police Department
licensed uniformed security personnel shall be provided on-site.
124 If police services are contracted in the future, an office space or Police Department
sub-station and secured parking for police personnel shall be
provided.
125 For hotels, in-room safes shall be programmed with a unique Police Department
administrative code that is different from the manufacturer's
default access/override code.
GENERAL
126 The following minimum horizontal clearances shall be Water Engineering
maintained between proposed water main and other facilities: Division,Public
• 10-feet minimum separation(outside wall-to-outside Utilities Department
wall)from sanitary sewer mains and laterals
• 5-feet minimum separation from all other utilities,
including storm drains,gas,and electric
• 6-feet minimum separation from curb face
• 10-feet minimum separation from structures, footings,
and trees.
• 12-inch minimum vertical separation from other utilities.
The following minimum clearances shall be provided around all
new and existing public water facilities (e.g. water mains, fire
hydrants, service laterals, meters, meter boxes, backflow devices,
etc.):
• 10 feet from structures,footings,walls, stormwater
BMPs,power poles,street lights,and trees.
• 5 feet from driveways,BCR/ECR of curb returns, and all
other utilities(e.g. storm drain,gas,electric,etc.)or
above ground facilities.
127 No public water main or public water facilities shall be installed Water Engineering
in private alleys or paseo areas Division,Public
Utilities Department
86
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
128 No public water mains or laterals allowed under parking stalls or Water Engineering
parking lots. Division,Public
Utilities Department
129 All fire services 2-inch and smaller shall be metered with a UL Water Engineering
listed meter, Hersey Residential Fire Meter with Translator Division,Public
Register,no equals. Utilities Department
130 Any modifications to the existing water mains shall be designed Water Engineering
and constructed in accordance with the Water Engineering Division,Public
Division's standards and specifications. Any large services that Utilities Department
are no longer needed shall be abandoned and the service laterals,
tees, and valves shall be removed and replaced with Ductile Iron
spools.No blind flanges at tee are allowed.
131 No dead end water mains are allowed. Water Engineering
Division,Public
Utilities Department
132 For onsite recycled water main,a minimum of two connections to Water Engineering
the existing recycled water main in State College Blvd. and on- Division,Public
site looping are required. Utilities Department
133 Water main connections in E. Orangewood Avenue shall be made Water Engineering
to the new 16-inch water main. Division,Public
Utilities Department
134 On an annual basis and as part of the Development Agreement Planning Services
Annual Review, the developer shall provide an updated Division,Planning
Development Summary Table to the Planning Services Division and Building
of the Planning and Building Department until project build out. Department
135 The property owner developer shall be responsible for Planning Services
compliance with and any direct costs associated with the Division,Planning
monitoring and reporting of all mitigation measures set forth in and Building
the Updated and Modified Mitigation Monitoring Plan (MMP) Department
No. 106D, established by the City of Anaheim as required by
Section 21081.6 of the Public Resources Code to ensure
implementation of those identified mitigation measures within the
timeframes identified in the measure. MMP No. 106D is made a
part of these conditions of approval by reference.
87
NO. Conditions of Approval REVIEW BY SIGNED
OFF BY
1 1 6 The developer is responsible for paying all charges related to the Planning Services
processing of this discretionary case application within 30 days of Division,Planning
the issuance of the fmal invoice or prior to the issuance of building and Building
permits for this project, whichever occurs first. Failure to pay all Department
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
88
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No.6497 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 29th day of September, 2020, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 6th day of October, 2020, by the
following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Brandman, Kring and O'Neil
NOES: Council Members Barnes and Moreno
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of October, 2020.
CITY CLEK OF THE CITY OF ANAHEIM
(SEAL)
Anaheim Bulletin PROOF OF PUBLICATION
2190 S. Towne Centre Place Suite 100
Anaheim, CA 92806 Legal No. 0011416879
714-796-2209 SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO.6497
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM APPROVING
DEVELOPMENT AGREEMENT NO. 2020-
5190168 00002 BY AND BETWEEN THE CITY OF
ANAHEIM AND SRB MANAGEMENT,
LLC, A CALIFORNIA LIMITED LIABILITY
THE
ANAHEIM,CITY OF/CLERKS OFF MAYOR TO EXECUTEANDHOSAID NAGREE
200 S ANAHEIM BLVD STE 217 MENT FOR AND ON BEHALF OF THE
CITY.
ANAHEIM, CA 92805-3820
(DEVELOPMENT AGREEMENT NO.2020-00002)
(DEV 2020-00127)
This ordinance approves Development Agreement No.
2020-00002 by and between the City and SRB Manage-
ment, LLC with respect to certain real property con-
sisting of approximately 151 acres of land located at
FILE NO. ORD. 6497 2000 East Gene Autry Way and 2200 East Katella Bou-
levard in the City of Anaheim, County of Orange, State
of California upon which exist certain improvements,
AFFIDAVIT OF PUBLICATION including Angel Stadium of Anaheim, City National
Grove of Anaheim and their surrounding parking
areas and environs (Assessor's Parcel Numbers
STATE OF CALIFORNIA, (APN] 232-011-02, 232-011-06, 232-011-35, 232-011-36, 232-
011-37, 232-011-38, 232-011-39, 232-011-40, 232-011-41, 232-
SS. 011-42, 232-011-43, 232-011-44, 232-011-47, 232-011-48, 232-
011-50,and a portion of APN 083-270-47).
County of Orange The Development Agreement provides for the devel-
opment of a mixed-use community consisting of up to
5,175 residential dwelling units, 1,750,000 square feet of
commercial uses (including up to 943 hotel rooms),
and 2,700,000 square feet of office uses. Also proposed
are public parks, including Code-required "Mini-
I am a citizen of the United States and a resident of the Parks" and a 7-acre "Community Benefit Park." The
Countyaforesaid; I am over the a of eighteenyears, and City will retain ownership of an adjacent City-owned
g 9 water utility plant, and a site for the City's future de
not a party to or interested in the above-entitled matter. I velopment of a fire station. The proposed protect pro-
vides for the retention and maintenance of the existing
am the principal clerk of the Anaheim Bulletin, a 45,500-seat Angel Stadium, with an option to replace
the existing stadium with a new stadium of the same,
newspaper that has been adjudged to be a newspaper of or lesser,size and seating capacity.
general circulation by the Superior Court of the County of I, Theresa Bass, City Clerk of the City of Anaheim, do
Orange, State of California, on December 28, 1951, Case herebynanceNcertifyo.6497that thewhich forordiegnanceoing iswas a summary ofuced Or-
a
di , iat
No. A-21021 in and for the City of Anaheim, County of regular meeting of the City Council of the City of Ana-
Orange, State of California; that the notice, of which the pa ea and dopted at a regtularbme tong ofl said Coun-
annexed is a true printed copy, has been published in ccalil onvote theo6tf hthe age ofembers October, 202:0 by the following roll
I
each regular and entire issue of said newspaper and not in
AYES: Mayor Sidhu and Council Members Faessel,
any supplement thereof on the following dates, to wit: Brandman, Kring,and O'Neil
NOES: Council Members Barnes and Moreno
10/15/2020
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the sub-
iect matter contained in the text of Ordinance No.6497,
which has been prepared pursuant to Section 512 of the
I certify(or declare) under the penaltyof perjury under the Charter of the City of Anaheim. This summary does
p 1 Y not include or describe every provision of the ordi
laws of the State of California that the foregoing is true nance and should not be relied on as a substitute for
the full text of the ordinance.
and correct:
To obtain a copy of the full text of the ordinance,
please contact the Office of the City Clerk, (714) 765-
Executed at Anaheim, e Oran County, California, on 5166, between 8:00 AM and 5:00 PM, Monday through
Orange Y Friday. There is no charge for the copy.
Date: October 15, 2020.
Published Anaheim Bulletin Oct.5,2020 11416879 139807/LM
Signature
r.LPI-12/15!16 1
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is
the original Ordinance No. 6497 and was published in the Anaheim Bulletin on the 15th day
of October, 2020, pursuant to Section 512 of the City Charter of the City of Anaheim.
LCITY CLER OF THE CITY OF ANAHEIM
(SEAL)