RES-2022-103RESOLUTION NO. 2022-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING FINAL SITE PLAN NO. 2020-00007 OF
THE MASTER SITE PLAN APPROVED IN CONNECTION WITH
DEVELOPMENT AGREEMENT NO.2020-00004
(FINAL SITE PLAN NO. 2020-00007)
(DEV2020-00125)
WHEREAS, the City of Anaheim received a verified petition for the approval of Final Site
Plan No. 2020-00007 which encompasses approximately 2.93 acres north of Katella Avenue, east
of the Honda Center, and adjacent to the new public road (River Road) in the Arena District, Sub -
Area C, to construct a five -level parking structure (Parking Deck D) with 1,190 parking spaces of
the proposed Master Site Plan in Development Agreement No. 2020-00004 for certain real
property generally bounded by State Route 57 (SR-57) to the west, (excluding the parcel at the
southwest corner of Katella Avenue and Douglass Road), the Santa Ana River to the east, the
confluence of the SR-57 and Santa Ana River to the south, and the Southern California Edison
easement to the north in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires Final Site Plans to
be reviewed and approved by the Planning Commission at a noticed public hearing to ensure
conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land
Use Plan prior to issuance of building permits; and
WHEREAS, the Property is approximately 100 acres in size including 89 acres located in
the "PR" Public Recreation, "SP" Semi -Public, "O-L" Low Intensity Office, and "I" Industrial
zones in the Platinum Triangle Mixed Use (PTMU) Overlay Zone and approximately 8 acres
located in the "C-G" General Commercial zone. The development standards and regulations of
Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal
Code (the "Code") shall apply to the Proposed Project subject to approval of Reclassification No.
2020-00333, now pending. The Property is designated on the Land Use Element of the General
Plan for Mixed -Use Urban Core land uses; and
WHEREAS, Final Site Plan No. 2020-00007 is proposed in conjunction with a
request to construct 1,922,776 square feet (s.£) of commercial uses including entertainment and
commercial indoor and outdoor recreation venues (including new indoor and outdoor live
performance theaters, bars and nightclubs, bowling lanes, dancing venues, an amphitheater and
outdoor seasonal events), retail, and restaurant uses including the existing Honda Center; 961,055
s.f. of office uses including the existing Arena Corporate Center; 250,000 s.f. of institutional uses
including the existing Anaheim Regional Transportation Intermodal Center (ARTIC); 1,500
residential dwelling units including 195 affordable dwelling units proposed in connection with a
Density Bonus request; parks and open space including a new public park (Meadow Park); parking
areas; pedestrian bridges crossing Katella Avenue and Douglass Road; and, changes to the
roadway network (including a new public street between Katella Avenue and Ball Road proposed
to be named River Road, the abandonment of Douglass Road between Katella Avenue and Cerritos
Avenue and new private streets). To that end, the Owner has requested the following entitlements:
I. To amend the General Plan Land Use, Circulation and Green
Elements to change the designation of parcels located north of Katella Avenue from
Office -Low (approximately 31 acres) and Open Space (approximately 8 acres) to
Mixed -Use Urban Core; modify the total amount of development permitted in the
Platinum Triangle to increase the amount of residential development to 17,840
dwelling units, increase the amount of commercial development to 6,195,019 s.£,
decrease the amount of office development to 11,659,338 s.f. and decrease the amount
of institutional development to 250,000 s.f.; remove a portion of Douglass Road
between Katella Avenue and Cerritos Avenue; add a new street named River Road
between Katella Avenue and Ball Road (this includes Phoenix Club Drive south of Ball
Road which is proposed to be renamed River Road); add a new approximately 4-acre
Public Park (Meadow Park); amend the Bicycle Master Plan to reflect bicycle facility
changes associated with the proposed removal and addition of streets; and, revise maps,
figures, text, and tables throughout the General Plan to reflect these changes ("General
Plan Amendment No. 2020-00532");
2. An amendment to the PTMLUP to rename the ARTIC District to
the Transit District; expand the boundaries of the Platinum Triangle Mixed Use
(PTMU) Overlay Zone by approximately 8 acres, change boundaries of the ARTIC
(Transit), Katella Sub -Area D, Office and Arena Districts; modify the permitted
amount of development within the PTMU Overlay Zone to up to 17,840 residential
dwelling units, 6,195,019 s.f. of commercial development, 11,659,338 s.f. of office
development and 250,000 s.f. of institutional development; add a new appendix for the
ocV!BE Sign and Identity Program; and, revise figures, text, and tables throughout the
PTMLUP associated with this request ("Miscellaneous Case No. 2020-00739");
3. A Reclassification to reclassify parcels to apply the Platinum
Triangle Mixed Use (PTMU) Overlay Zone to the existing C-G (General Commercial)
Zone on approximately 8 acres, within the proposed Arena District north of Katella
Avenue. ("Reclassification No. 2020-00333");
4. A Zoning Code Amendment to modify Chapter 18.20 (Platinum
Triangle Mixed Use (PTMU) Overlay Zone); Chapter 18.38 (Supplemental Use
Regulations); Chapter 18.40 (General Development Standards); Chapter 18.60
(Procedures) and, Chapter 18.62 (Administrative Reviews). The proposed amendments
are to amend use classifications, District names, development intensities, development
standards, and procedures to allow development within the Arena and Transit Districts
in the Platinum Triangle Mixed Use Overlay Zone ("Zoning Code Amendment No.
2020-00174");
-2-
5. A Development Agreement between the City of Anaheim and
Anaheim Real Estate Partners, LLC including a Master Site Plan (Miscellaneous Case
No. 2020-00751) and a request for Density Bonus and Development Incentives
pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code
("Development Agreement No. 2020-00004");
6. A Final Site Plan which encompasses approximately 10.23 acres
north of Katella Avenue in the Arena District, Sub -Area B, to construct two six -level
parking structures (Parking Decks B and C) with 4,538 parking spaces and a 12,885
s.f., three-story security hub for police and security office space ("Final Site Plan No.
2020-00004");
7. A Final Site Plan which encompasses approximately 5.93 acres
north of Katella Avenue in the Arena District, Sub -Area B, to construct 221,413 sf of
commercial uses including an indoor live performance theater and outdoor
entertainment areas; office, retail, and indoor and outdoor restaurant space; a private
Urban Park (plaza); and, an outdoor Paseo (pedestrian corridor) adjacent to the Urban
Park and Honda Center ("Final Site Plan No. 2020-00005");
8. A Final Site Plan which encompasses approximately 1.64 acres
north of Katella Avenue in the Arena District, Sub -Area C, to construct 33,830 s.f. of
commercial uses including a new lobby entrance to the west side of the Honda Center,
retail shops, and, restaurants with indoor and outdoor dining areas ("Final Site Plan No.
2020-00006");
9. A Final Site Plan which encompasses approximately 2.93 acres
north of Katella Avenue, east of the Honda Center, and adjacent to the new public road
(River Road) in the Arena District, Sub -Area C, to construct a five -level parking
structure (Parking Deck D) with 1,190 parking spaces ("Final Site Plan No. 2020-
00007");
10. A Final Site Plan which encompasses approximately 7.77 acres
within the Southern California Edison easement, adjacent to Phoenix Club Drive (to be
renamed River Road) in the Arena District, Sub -Area A, to construct a surface parking
lot with approximately 938 employee parking spaces ("Final Site Plan No. 2020-
00008");
11. An amendment to the conditional use permit relating to parking and
circulation for the Anaheim Regional Transportation Intermodal Center ("ARTIC")
(Conditional Use Permit No. 2010-05492");
12. A conditional use permit to permit the following conditionally
permitted uses within the Property including Alcoholic Beverage Manufacturing,
Alcoholic Beverage Sales -Off -Sale and On -Sale, Bars and Nightclubs, Entertainment
Venues, Recreation Commercial -Outdoor and -Indoor, Retail Sales -Outdoor, and Wine
Bar ("Conditional Use Permit");
-3-
13. A minor conditional use permit to permit the ocV!BE Coordinated
Sign Program, Murals, and Valet Parking ("Minor Conditional Use Permit"); and
14. A tentative tract map which encompasses approximately 70.7 acres
north of Katella Avenue in the Arena District, to subdivide existing lots into 16
numbered lots (including two air -space lots) for the purpose of commercial
development and seven lettered lots for private streets (Douglass Road, Stanley Cup
Way, and Cerritos Avenue) including landscape areas, and to dedicate public streets
right-of-way (Katella Avenue and River Road) ("Tentative Tract Map No. 19153").
WHEREAS, General Plan Amendment No. 2020-00532, Miscellaneous Case No.
2020-00739, Reclassification No. 2020-00333, Zoning Code Amendment No. 2020-00174,
Miscellaneous Case No. 2020-00751, Development Agreement No. 2020-00004, Final Site Plan
No. 2020-00004, Final Site Plan No. 2020-00005, Final Site Plan No. 2020-00006, Final Site Plan
No. 2020-00007, Final Site Plan No. 2020-00008, Conditional Use Permit No. 2010-05492,
Conditional Use Permit, Minor Conditional Use Permit, and Tentative Tract Map No. 19153 shall
be referred to herein collectively as the "Proposed Project"; and
WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires Final Site Plans to
be reviewed and approved by the Planning Commission at a noticed public hearing to ensure
conformance with the provision of the PTMU Overlay Zone and Platinum Triangle Master Land
Use Plan prior to issuance of building permits; and
WHEREAS, when Section 18.60.150 (Scope of Review) of Chapter 18.60 (Procedures)
of the Anaheim Municipal Code provides that, when multiple discretionary land use applications
are submitted for concurrent Planning commission review and approval, and one or more of such
applications requires City Council review and approval in conjunction with a noticed public
hearing, all such applications shall be subject to full review and approval by the City Council as
the granting authority; and
WHEREAS, since proposed General Plan Amendment No. 2020-00532, Zoning Code
Amendment No. 2020-00174, Miscellaneous Case No. 2020-00739 and Development Agreement
No. 2020-00004 requires City Council review and approval, the City Council, rather than the
Planning Commission, is the granting authority for proposed Final Site Plan No. 2020-00007; and
WHEREAS, on August 29, 2022, the Planning Commission did hold a public hearing,
notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and
against the Proposed Project (including proposed Final Site Plan No. 2020-00007) and to
investigate and make findings in connection therewith; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2022-080,
PC2022-081, and PC2022-082, summary of evidence, report of findings and recommendations of
the Planning Commission, the City Council did fix the 27ffi day of September, 2022, as the time,
In
and the City Council Chamber in the Civic Center, as the place, for a public hearing on the
Proposed Project and for the purpose of considering Addendum No. 11, together with the other
CEQA Documents, and did give notice thereof in the manner and as provided by law; and
WHEREAS, by the adoption of resolutions concurrently with, but prior in time to, the
adoption of this Resolution, the City Council approved General Plan Amendment No. 2020-
00532, Miscellaneous Case No. 2020-00739, Zoning Code Amendment No. 2020-00174,
Development Agreement No. 2020-00004, Reclassification No. 2020-00333, the proposed Master
Site Plan, Tentative Tract Map No. 19153; and
WHEREAS, by Resolution No. 2022- p 9 7 , considered and approved by the City Council
concurrently with but prior in time to consideration of this resolution, the City Council found and
determined that (i) Addendum No. 11 was prepared for the Proposed Project in compliance with
the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedures;
(ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339),
Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and
Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved
environmental documents for development in the Platinum Triangle is the appropriate
environmental documentation for the Proposed Project; (iii) none of the conditions described in
Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent
or supplemental EIR or negative declaration have occurred in connection with the Proposed
Project; and (iv) no further documentation needs to be prepared for CEQA for this resolution, as
found and recommended by the Planning Commission in Resolution 2022-079.
WHEREAS, after careful consideration of proposed Final Site Plan No. 2020-00007 and
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,
this City Council does find and determine that, subject to compliance with the conditions of
approval attached to this Resolution as Exhibit B and incorporated herein by this reference,
proposed Final Site Plan No. 2020-00007, in the form presented at this meeting, including its
design and layout, complies with the provisions of the PTMU Overlay Zone, as amended by
Zoning Code Amendment No. 2020-00174, as introduced at the meeting at which this Resolution
is adopted provided the same is subsequently adopted, and the Platinum Triangle Master Land Use
Plan, as amended by Miscellaneous Case No. 2020-00739; and
WHEREAS, the City Council determines that the evidence in the record constitutes
substantial evidence to support the actions taken and the findings made in this Resolution, that the
facts stated in this Resolution are supported by substantial evidence in the record, including
testimony received at the public hearing, the staff presentation, the staff report and all materials in
the project files. There is no substantial evidence, nor are there other facts, that detract from the
findings made in this Resolution. The City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented to
it.
NOW, THEREFORE, BE IT RESOLVED, pursuant to the above findings and based upon
a thorough review of proposed Final Site Plan No. 2020-00007, Addendum No. I I of FSEIR No.
339 including MMP No. 383„ and the evidence received to date, does hereby approve Final Site
-5-
Plan No. 2020-00007, in the form presented at the meeting at which this Resolution is adopted,
contingent upon and subject to the approval of (1) General Plan Amendment No. 2020-00532,
Miscellaneous Case No. 2020-00739, Zoning Code Amendment No. 2020-00174, Development
Agreement No. 2020-00004, the proposed Master Site Plan, and Tentative Tract Map No. 19153,
(2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in
conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 383 for the Proposed
Project; and (3) the conditions of approval set forth in Exhibit B attached hereto and incorporated
herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use
of the Property in order to preserve the health, safety and general welfare of the citizens of the City
of Anaheim.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine that
adoption of this Resolution is expressly predicated upon compliance with each and all of the
conditions set forth in a separate resolution of this City Council adopted substantially concurrently
with this Resolution relating to the proposed Development Agreement No. 2020-00004. Should
any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment
of any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 27th day of September, 2022, by the following roll call vote:
AYES: Mayor Pro Tem O'Neil and Council Members Diaz,
Ma'ae, Moreno, Valencia and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
[Mayoral vacancy]
CITY OF ANAHEIM
MAY R PRO I
OF THE CITY OF ANAHEIM
TY CLERK OF THE CITY OF ANAHEIM
I on
EXHIBIT "A"
DEV NO.2020-00125
APN: 386-521-14, 386-521-17, 253-631-27, 253-631-29, 253-631-28, 253-521-30, 253-601-04,
253-591-01, 253-521-32, 253-521-34, 386-521-16, 386-521-20, 232-072-09, 232-072-07,
232-071-03, 232-072-06, 375-311-27, 253-521-36, 253-521-35, 253-521-37, 253-521-33,
1253-521-31, 253-521-17, 253-601-03, 253-601-02
EXHIBIT "B"
CONDITIONS OF APPROVAL FOR FINAL SITE PLAN PLAN NO.2020-00007
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
APPROVAL OF FINAL SITE PLAN
1
Where adjacent uses are deemed to be shadow sensitive (e.g.,
Planning and
residential, recreational, and pedestrian areas), the property
Building
owner/developer for future development projects shall
Department,
demonstrate that the Proposed Project would not preclude
planning Services
shadow sensitive receptors' exposure to natural sunlight for at
Division
least 50 percent of duration for the season, for at least 50 percent
of the shade -sensitive area, to the satisfaction of the Planning
Director.
2
Prior to approval of each Final Site Plan, the property
Planning and
owner/developer shall submit the anticipated construction
Building
schedule for each of the remaining project components by
Department,
development phase; and that an updated schedule shall be
planning Services
submitted to the Planning Department every six (6) months until
Division
the project is completed, or as deemed necessary by the Planning
Department.
3
Prior to approval of each Final Site Plan, plans shall show how
Planning and
all on -site service and loading area operations shall be screened
Building
from the public rights -of -way to the satisfaction of the Planning
Department,
Department.
Planning Services
Division
PRIOR TO
ISSUANCE OF GRADING PERMITS
4
Prior to commencement of grading or demolition, the Planning
Planning and
Director shall verify that all project grading and construction plans
Building
include specific documentation regarding the requirements of the
Department,
Migratory Bird Treaty Act (MBTA) (16 United States Code
planning Services
Section 703-712) and California Department of Fish and Wildlife
Division
Game Code 3503. To be in compliance with applicable nesting
bird protections, if construction activities occur during the nesting
bird season (February through August) prior to the commencement
of tree removal, the site 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, that
preconstruction surveys have been completed and the results
reviewed by staff, and that the appropriate buffers (if needed) are
established in the field with visible fencing. Should nesting birds
be found, an exclusionary buffer shall be established by the
qualified biologist, based on consideration of the bird s ecies, the
stage of nesting, and the nature of the adjacent construction
activity. 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.
5
Prior to the issuance of any grading permit in which native soil,
Planning and
as identified by the geotechnical report prepared for the project,
Building
is disturbed, the property owner/developer or contractor as
Department,
designee shall provide evidence in the form of an executed
planning Services
Agreement to the City of Anaheim Planning and Building
Division
department that they have retained a qualified Native American
tribal monitor to provide third -party monitoring during
excavation and grading activities in native sediment and to
recover and catalogue tribal resources as necessary. The tribal
monitor shall be from or approved by the Gabrieleno Band of
Mission Indians — Kizh Nation. The agreement shall include (i)
professional qualifications of Native American monitor; (ii)
detailed scope of services to be provided including but not
limited to pre -construction education, observation, evaluation,
protection, salvage, notification, and/or curation requirements,
as applicable, with final documentation/report to Public Works
Inspector; (iii) contact information; (iv) communication
protocols between Contractor and Monitor for scheduling to
facilitate timely performance; (v) acknowledgement that if tribal
monitor is unavailable or unresponsive based on terms stipulated
in the agreement, property owner/developer or contractor as
designee may contract with another qualified tribal monitor
acceptable to the City. The selection of the qualified
professional(s) shall be subject to City acceptance based on
generally accepted professional qualifications and certifications,
as applicable. The cover sheet of the grading plans shall include
a note to identify that that third -party tribal monitoring is
required during excavation and grading activities in accordance
with City -approved Agreement. Contact information for
approved tribal monitor shall be provided by contractor to City
inspector at re -construction meeting.
6
The Owner/Developer shall submit a set of improvement plans
Public Utilities,
for Public Utilities Water Engineering review and approval in
Water
determining the conditions necessary for providing water service
Engineering
to the project.
Division
7
Prepare and submit final grading plan(s) showing the building
Public Works,
footprints, pad elevations, finished floors, finished grades,
Development
drainage routes, retaining walls, erosion control, slope
Services Division
easements and other pertinent information in accordance with
Anaheim Municipal Code and the California Building Code,
latest edition.
8
Prepare and submit a final drainage study, including supporting
Public Works,
hydraulic and hydrological data to the City of Anaheim for
Development
review and approval. The study shall confirm or recommend
Services Division
changes to the City's adopted Master Drainage Plan by
identifying off -site and on -site storm water runoff impacts
resulting from build -out of permitted General Plan land uses. In
addition, the study shall identify the project's contribution and
shall provide locations and sizes of catchments and system
connection points and all downstream drainage -mitigating
measures including but not limited to offsite storm drains and
interim detention facilities.
9
The developer shall execute a Save Harmless Agreement with
Public Works,
the City of Anaheim for any storm drain connections to a City
Development
storm drain system. The agreement shall be recorded by the
Services Division
applicant on the property prior to the issuance of any permits.
10
All required plans and studies shall be prepared by a Registered
Public Works,
Professional Engineer.
Development
Services Division
11
The OWNER shall obtain the required coverage under
Public Works,
California's General Permit for Stormwater Discharges
Development
associated with Construction Activity by providing a copy of the
Services Division
Notice of Intent (NOI) submitted to the State Water Resources
Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) number.
12
Submit the Final Water Quality Management Plan (WQMP) to
Public Works,
the City for review and approval. The WQMP shall be consistent
Development
with the requirements of Section 7 and Exhibit 7.II of the Orange
Services Division
County Drainage Area Management Plan (DAMP) for New
Development/ Significant Redevelopment projects; identify
potential sources of pollutants during the long-term on -going
maintenance and use of the proposed project that could affect the
quality of the stormwater runoff from the project site; define
Source Control, Site Design, and Treatment Control (if
applicable) best management practices (BMPs) to control or
eliminate the discharge of pollutants into the surface water
runoff; and provide a monitoring program to address the long-
term implementation of and compliance with the defined BMPs.
13
Submit a Geotechnical Report prepared by a Registered
Public Works,
Geotechnical Engineer to the Public Works Development
Development
Services Division for review and approval. The report shall
Services Division
address any proposed infiltration features of the WQMP. In
addition to the condition provided below:
1. Section 3.9 Infiltration Systems: Based on the boring
data provided, the lithology varies considerably within the upper
15 to 20 feet across the site. Impeding layers were encountered
in some borings but not others and the depth to such impeding
layers varies. As such, the lithology appears to consist of
occasional lenticular layers of silts and clays within a mostly
granular zone. Historical depth to ground water also varies from
10 to 30 feet within the boundaries of the site. Given the general
site conditions, infiltration appears to be feasible in portions of
the site. However, in the absence of a specific location and BMP
type for infiltration, acceptance of preliminary infiltration
parameters are not feasible. A more detail site investigation and
analyses will be required for project design at the time that
documents for a grading permit are submitted to the city. Until
then, the recommendations for the depth and infiltration rate of
BMP's provided in the report are not accepted.
14
The Developer/Owner shall be responsible to obtain all the
Public Works,
necessary authorization and permits from the appropriate
Development
agencies including, but not limited to, California Department of
Services Division
Transportation (CALTRANS), Orange County Flood Control
District (OCFCD), and Union Pacific Railroad (UPRR) that are
impacted by the grading permit limits and pay all the costs
associated with the application requests. Applicant shall submit
to the City of Anaheim a copy of the approved permit and/or
other form of authorization from the said agencies.
15
The Developer/Owner shall enter into an agreement with the
Public Works,
City of Anaheim to preserve the existing public sewer system in
Development
Douglass Road as public System until such a time that an
Services Division
approved rerouting of the public sewer system into the new
proposed sewer system in River Road to divert the flow has been
constructed and accepted by the City.
16
The Developer/Owner shall enter into an acceptance agreement
Public Works,
with the City for accepting certain amount of storm water flow
Development
from Cerritos Avenue (Public Street north of Douglass Road)
Services Division
onto private street and private facilities due to street design
limitation to meet acceptable street grades and cross flows at the
intersection of Cerritos Avenue and Douglass Road.
PRIOR TO
ISSUANCE OF BUILDING PERMITS
17
Demolition work and new construction work shall require that
Fire and Rescue
provisions of California Fire Code Chapter 33 shall be complied
Department
with. This shall include a wireless fire and evacuation safety
system to be used for all construction/demolition operations for
all phases of this project.
18
A private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on
Water
Engineering
plans submitted to the Water Engineering Division of the
Anaheim Public Utilities Department.
19
All backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all
Water
public streets and alleys. Any backflow assemblies currently
Engineering
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.
20
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments
Water
of existing water services, backflow equipment, and fire lines,
Engineering
shall be coordinated and permitted through Water Engineering
Division of the Anaheim Public Utilities Department.
21
All existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water
Water
service and/or fire line that does not meet current standards shall
Engineering
be upgraded if continued use is necessary or abandoned if the
existing service is no longer needed. The Owner/Developer shall
be responsible for the costs to upgrade or to abandon any water
service or fire line.
22
The Owner shall irrevocably offer to dedicate to the City of
Public Utilities,
Anaheim (i) an easement for all large domestic above -ground
Water
water meters and fire hydrants, including a five (5)-foot wide
Engineering
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 maintenance covenant for the prqject.
23
The Owner/Developer shall submit a water system master plan,
Public Utilities,
including a hydraulic distribution network analysis, for Public
Water
Utilities Water Engineering review and approval. The master
En ineerin
plan shall demonstrate the adequacy of the proposed on -site and
off -site water improvements to meet the project's water
demands and fire protection requirements.
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.
24
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water
maximum fire flow rate and maximum day and peak hour water
Engineering
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.
25
Water improvement plans shall be submitted to the Water
Public Utilities,
Engineering Division for approval and a performance bond in
Water
the amount approved by the City Engineer and form approved
Engineering
by City Attorney shall be posted with the City of Anaheim.
26
Individual water service and/or fire line connections will be
Public Utilities,
required for each parcel or residential, commercial, industrial
Water
unit per Rule 18 of the City of Anaheim's Water Rates, Rules
Engineering
and Regulations. Services may be installed during the parcel's
applicable phase.
27
Applicant shall contact Water Engineering for recycled water
Public Utilities,
system requirements and specific water conservation measures
Water
to be incorporated into the building and landscape construction
Engineering
plans. All proposed irrigation system shall be installed as
recycled water ready.
28
Prior to issuance of a sign permit, plans shall demonstrate that
Planning and
signs located adjacent to a driveway, which exceed 24-inches in
Building
height, are located outside of the vehicle line -of -sight triangle.
Department,
Planning Services
Division
29
Prior to issuance of building permits, the property
Planning and
owner/developer shall document on building plans, to the
Building
satisfaction of the Planning Department, Planning Services
Department,
Division, that all air conditioning facilities and other roof and
Planning Services
ground mounted equipment shall be shielded from public view
Division
as required by The Platinum Triangle Mixed Use Overlay Zone
and the sound buffered to comply with the City of Anaheim
noise ordinances from any adjacent residential or transient -
occupied properties. That as part of final building and zoning
inspections, compliance shall be verified. Additionally, all
exterior appurtenances such as conduits shall be minimized and
integrated into the structure; and that any rain gutters,
downspouts, and vents shall be finished to match the building
materials and/or colors.
30
Prior to approval of each Final Site Plan and prior to issuance of
Police
each building permit, the Anaheim Police Department shall
Department
review and approve plans for safety, accessibility, crime
prevention, and security provisions during both the construction
and operative phases.
31
Prior to issuance of building permits for parking structures, plans
Police
submitted for building permits shall be approved by the Police
Department
Department to ensure that safety and security measures are
incorporated, including the use of bidirectional antennae to
insure performance of public safety radio communications
equipment (800 Mhz) in eighty-five percent (85%) of any
structure or developed area, or in compliance with public safety
radio system coverage requirements in effect at the time of the
issuance of building permits. Prior to final building and zoning
inspections, installation of required antennae shall be verified.
32
Proposed private improvements that will encroach onto the
Public Works,
public right of way will require the applicant to enter into an
Development
Encroachment License Agreement with the City as approved by
Services Division
the City Engineer and Director of Public Works.
33
The developer/applicant shall be responsible to pay all fees
Public Works,
associated with obtaining the necessary easements, permits and
Development
the construction of the required improvements along TTM19153
Services Division
limit and beyond the tentative tract limits.
34
Record Final Map No. 19153 pursuant to the Subdivision Map
Public Works,
Act and in accordance with the City Code. The City Engineer
Development
may determine that the project is in substantial conformance
Services Division
with the condition and may, at his own discretion, release the
building permit for the Parking Structures and Security Hub
prior to the map recordation providing compliance with the State
and local laws and that the proposed buildings do not conflict
with any existing or proposed property lines. Provide a duplicate
photo Mylar of the recorded map to the City Engineer's office.
35
The legal property owner shall irrevocably offer to dedicate to
Public Works,
the City of Anaheim as an easement for road, public utility and
Development
other public purposes and meeting all requirements of the
Services Division
Platinum Triangle Implementation Plan, City Standards,
approved Traffic Study, and approved
19153 as described below:
Tentative Tract Map
1. A 15-foot wide dedication is required along the north
side of Katella Avenue from west of Douglass Road to Parking
Deck B Private Drive to achieve the half width ultimate right-
of-way of 90 feet
2. A 1-foot wide dedication is required along the north side
of Katella Avenue from east of Douglass Road to River Road to
achieve the half width ultimate right-of-way of 90 feet
3. A 90-foot dedication is required along the easterly side
of the project property adjacent to the Santa Ana River to
construct new public street River Rd from Katella Avenue to
Cerritos Avenue
4. A variable width of dedication is required along River
Road from Cerritos Avenue to Ball Road to achieve the full
width ultimate right-of-way of 90 feet. In addition to the right-
of-way along the Employee Parking Lot for a right -turn lane, as
shown on the approved Master Site Plan and Final Site Plan.
5. Corner cutoff deductions are required at the following
intersections: 57 freeway off ramp/Parking Deck B Private
Drive and Katella Avenue, River Road and Katella Avenue,
River Road and Stanley Cup Way, River Road and Cerritos
Avenue, and Douglass Road and Stanley Cup Way
6. Corner cutoff is required at the southeast corner of River
Road and Ball Road
7. Corner cutoff deductions are required at the main
driveway entrances on Stanley Cup Way at Private Drive `A'
and River Road at Private Drive `B'
36
The Developer/Owner shall irrevocably offer to dedicate to the
Public Works,
City of Anaheim a 5-foot wide sidewalk easement behind the
Development
ultimate right-of-way line along the south side of Katella
Services Division
Avenue between east of Douglass Road and west of the
Pedestrian Bridge for public pedestrian access, as shown on
TTM19153 for the purpose of the Pedestrian Bridge landing.
37
The Developer/Owner shall irrevocably offer to dedicate to the
Public Works,
City of Anaheim public access easements for emergency
Development
services, solid waste/trash collection, vehicular and pedestrian
Services Division
for public use along the following interior private streets:
Douglass Road/Lots C&D, Stanley Cup Way/Lots C&E,
Cerritos Avenue/Lot F, and Private Drive located on Lot 1
between Katella Avenue and Stanley Cup Way, from property
line to property line, as shown on the TTM19153.
38
All Landscape plans shall comply with the City of Anaheim
Public Works,
adopted Landscape Water Efficiency Guidelines. This ordinance
Development
Services Division
complies with the State of California Model Water Efficient
Landscape Ordinance (AV 1881).
39
Provide a pad certification report from the project Soils Engineer
Public Works,
certifying that the building pad has been compacted in
Development
accordance with the Anaheim Municipal Code.
Services Division
40
The developer shall submit street improvement, landscape, and
Public Works,
irrigation plans for all work performed in the public right-of-way
Development
to the Public Works Department for review. The developer shall
Services Division
submit a cost estimate and post a security (Performance and
Labor & Materials Bonds) in an amount approved by the City
Engineer and in a form approved by the City Attorney for the
construction of all required public improvements within the City
street right of way. Street improvements shall be constructed in
accordance with the City of Anaheim street improvements
standards and requirements, the approved Tentative Tract Map
19153, and as determined by the approved Traffic Study and
approved by the City Engineer. Such improvements may
include, but not be limited to the following:
1. The developer shall construct new River Road from
Katella Avenue to Ball Road including curb & gutter, cycle
track, sidewalk, parkway landscaping, and utilities.
2. Street improvements along Katella Avenue shall include
raised medians, curb & gutter, sidewalk, parkway landscaping,
and utilities.
3. The developer shall construct new Stanley Cup Way
from Douglass Road to River Road including the construction of
curb & gutter, sidewalk, parkway landscaping, and utilities.
4. The developer shall construct new Cerritos Avenue from
Douglass Road to River Road including the construction of curb
& gutter, cycle track, sidewalk, parkway landscaping, and
utilities.
5. Street improvements along Douglass Road from Cerritos
Avenue to Stanley Cup Way shall include the intersection and
pork -chop island, curb & gutter, cycle track, sidewalk, parkway
landscaping, and utilities.
41
A Right -of -Way Construction Permit shall be obtained from the
Public Works,
Development Services Division for all work performed in the
Development
public right-of-way.
Services Division
42
That curbs adjacent to the drive aisles shall be painted red to
Public Works,
prohibit parallel parking in the drive aisles. Red curb locations
Traffic
shall be clearly labeled on building plans
Engineering
43
Prior to the issuance of a building permit, the applicant shall
Public Works,
submit a draft maintenance covenant that are prepared by an
Traffic
authorized professional for review and approval by the City
Engineering
Engineer, Planning Director, and City Attorney, which will
generally provide for the following:
• A requirement that residents shall use designated
parking area, including garages, only for the parking of
vehicles.
• A provision that parking garages are subject to
inspection by the Association or City of Anaheim staff.
• A provision requiring that proposed amendments to the
maintenance covenant shall be submitted for review to
the City Engineer, Planning and Building 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 maintenance covenant and has the right, but not the
obligation, to enforce any of the provisions of the
maintenance covenant relative to common area and
utility maintenance, Water Quality Management Plan,
and internal parking.
44
That prior to issuance of building permits, plans shall
Public Works,
specifically indicate that all vehicular ramps and grades conform
Traffic
to all applicable Engineering Standards.
Engineering
45
The Developer/Owner shall submit improvement plans for all
Public Works,
improvements identified/required in the approved Traffic Study
Traffic
for the ocV!be Master Site Plan dated August 2022 in
Engineering
accordance with City standards and specifications. Public and
private street improvements shall meet all City standards and
requirements including Platinum Triangle Implementation plan
and the Traffic Study, unless otherwise approved through a
deviation request.
46
Prior to the issuance of building permits, the property
Public Works,
owner/developer shall pay the fair share to improve the
Traffic
intersection of Phoenix Club Drive/Ball Road intersection as
Engineering
identified/required in the approved Traffic Study for the ocV!be
Master Site Plan dated August 2022. Owner/developer shall
determine/estimate right-of-way cost and construction cost of
improvements needed and shall submit to the City for review
and approval. Owner/developer then shall pay fair share cost
based on the percentage identified in the approved Traffic Study
and the estimate approved by the City.
47
Prior to the first final building and zoning inspection, the
Public Works,
Property Owner/Developer shall enter into an agreement with
Traffic
the City of Anaheim for the ongoing operations and maintenance
Engineering
(O& M) of all shared traffic signals, subject to approval by the
City Attorney's office. Traffic Signal Maintenance costs include
preventative or extraordinary maintenance, unrecoverable
damages and electrical costs. The City of Anaheim will bill for
these costs on a regular basis. Said maintenance cost shall be
based on private vs. public access legs of the traffic signal and
the total signal operations and maintenance (O& M) cost.
PRIOR TO
FINAL BUILDING AND ZONING INSPECTION
48
Per California Water Code, Division 1, Chapter 8, Article 5,
Public Utilities,
Section 537-537.5) as amended by Senate Bill 7, water
Water
submetering shall be furnished and installed by the
Engineering
Owner/Developer and 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 Owner and included and recorded in the
maintenance covenant for the project.
49
For each phase of the project the Owner/Developer shall install
Public Utilities,
an approved backflow prevention assembly on the water service
Water
connection(s) serving the property, behind property line and
Engineering
building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
50
Provide a certificate, from the project Registered Civil Engineer
Public Works,
of Record, certifying that the grading has been completed in
Development
accordance with the City approved grading plan and is in full
Services Division
compliance with the Anaheim Municipal Code.
51
All public improvements as shown in the approved TTM19153
Public Works,
and approved Traffic Study shall be constructed by the
Development
developer, inspected, and accepted by Construction Services
Services Division
prior to final buildin and zoning inspection.
52
All remaining fees/deposits required by Public Works
Public Works,
Department must be paid in full.
Development
Services Division
53
Set all Monuments in accordance with the final map and submit
Public Works,
all centerline ties to Public Works Department. Any monuments
Development
damaged as a result of construction shall be reset to the
Services Division
satisfaction of the City Engineer.
54
Record Drawings and As -Built plans shall be submitted for
Public Works,
review and approval to the Public Works Department.
Development
Services Division
55
All public improvements identified/required in the approved
Public Works,
Traffic Study for the ocV!be Master Site Plan dated August 2022
Traffic
shall be constructed by the developer, inspected and accepted by
Engineering
Construction Services prior to final building and zoning
inspection.
56
That prior to final building and zoning inspection, fire lanes shall
Public Works,
be posted with "No Parking Any Time." Said information shall
Traffic
be specifically shown on lilans submitted for building permits.
Engineering
57
Prior to final building and zoning inspections, a licensed
Planning and
landscape architect shall certify to the Planning Department,
Building
Planning Services Division that all landscaping has been
Department,
installed in accordance with landscaping plans approved by the
Planning Services
City and on file with the Building Division of the Planning
Division
Department. Any deviation from the plant palette shown on the
approved landscape plans shall be submitted for review and
approval by the Planning Department, Planning Services
Division. All irrigation equipment within the setback area shall
be fully screened so that the equipment is not visible from the
public right-of-way. Prior to final building and zoning
inspections for the setback area, additional planting may be
required for screening purposes to the satisfaction of the
Planning and Building Department, Planning Services Division.
OPERATIONAL CONDITIONS
58
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right -of-
Water
way, public utility easement or City easement area including but
Engineering
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 maintenance covenant for the project and the City
easement deeds.
GENERAL
59
Prior to any conveyance or sale of any parcel located within the
Planning and
Property, or portion of the Property, to an unrelated party, the
Building
property owner shall record unsubordinated covenants,
Department,
conditions and restrictions (CC&Rs) applicable to the Property
Planning Services
in a form and content satisfactory to the Planning and Building
Division
Director, City Engineer and the City Attorney incorporating the
requirements and obligations set forth in this Development
Agreement, including Exhibit "K-1".
60
For all future development phases, the Developer/Owner shall
Public Works,
submit the required entitlement applications and packages,
Development
including but not limited to, a Tentative Tract Map, Final Site
Services Division
Plan, and all required Preliminary Technical Studies to the City
of Anaheim for review by City Staff and approval by the
Planning Commission.
61
Prior to the abandonment of Douglass Road, River Road,
Public Works,
between Katella Avenue and Ball Road, shall be dedicated to the
Development
City of Anaheim, constructed, operational, and accepted.
Services Division
Additionally, Cerritos Avenue and Stanley Cup Way shall be
constructed and accepted by the City Engineer.
62
The Developer/Owner shall maintain the parkway landscaping
Public Works,
improvements on both sides of River Road between Katella
Development
Avenue and Ball Road including, but not limited to, the
Services Division
landscaped buffer and Cycle Track along the east side of River
Road.
63
Prior to the abandonment of any sewer system, new public sewer
Public Works,
mains in Stanley Cup Way and River Road shall be constructed
Development
and operational per the approved Sewer Study and as approved
Services Division
the City Engineer. The Developer/Owner shall dedicate a public
sewer easement for the above -mentioned public sewer mains in
Stanley Cup Way and Douglass Road.
64
The public sewer main segments in Stanley Cup Way and
Public Works,
Douglass Road shall remain public until the new sewer system
Development
as approved by the Sewer Study has been installed in River Road
Services Division
and the sewer flow has been rerouted. Upon completion of the
new sewer system in River Road, the sewer system in Stanley
Cup Way and Douglas Road shall become privately owned and
maintained and all associated public easements shall be
abandoned.
65
On the Employee Parking Lot (FSP2020-00008) property owned
Public Works,
by City and ground leased to Owner, Owner acknowledges and
Traffic
agrees that City shall reserve a 15' wide bike trail easement
Engineering
along the southern boundary of the Employee Lot, as identified
Planning and
in Exhibit "B", for the potential future use as a public bike trail
Building
("Bike Trail Easement"). Owner shall be allowed to use the Bike
Department,
Trail Easement for employee parking, unless and until (i) City
planning Services
provides written evidence to Owner that a bike trail will be able
Division
to connect to an existing bike trail to the west, and (ii) City
determines to construct this bike trail. City shall provide written
notice to Owner twelve (12) months in advance of such
construction of the bike trail, and Owner shall be required to find
off -site replacement parking for the area impacted by the Bike
Trail Easement, estimated to be 100 spaces. If Owner acquires
the Employee Parking Lot property, the parties agree that the
Bike Trail Easement shall be recorded against the Employee Lot
Property.
66
It is the responsibility of the OWNER to replace, remove, and/or
Public Works,
relocate any traffic signal poles and equipment at any signalized
Traffic
intersection adjacent to the project if necessary at the OWNERS
Engineering
expense.
67 In connection with City approval of the Phase 1 Final Site Plans Public Works,
and any subsequent Final Site Plans, Owner shall submit for City Traffic
review and approval, an Event Traffic Management Plan. Engineering
68 All CBC and CFC requirements shall be followed for permit Fire and Rescue
issuance. Any fire permits which includes fire sprinklers, fire Department
alarm, etc. shall be submitted directly to Anaheim Fire
Prevention Department.
69 DAS/BDA system(s) shall be designed as a campus style Fire and Rescue
system. I Department
70
Permanent, temporary, and phased emergency access roads shall
Fire and Rescue
be designed and maintained to support an imposed load of
Department
78,000 lbs. and surfaced to provide all-weather driving
capabilities.
71
All private underground fire lines shall be provided with
Fire and Rescue
maintenance covenant stating who will be responsible for
Department
maintaining the line, private fire hydrants, PIV's, all fire
72 All private underground fire lines shall be provided with
maintenance covenant stating who will be responsible for
maintaining the line.
73 Fire lane signage shall be provided for Paseo Fire Areal EVA
section of the fire access road.
74 Underground Storage Tanks shall conform to Anaheim Fire &
Rescue's UST Installation and Modification Guidelines (Honda
Center).
75 Lockable pedestrian and/or vehicular access gates shall be
equipped with Knox devices as required and approved by
Anaheim Fire and Rescue Department.
76 A minimum of two connections to public water mains and water
looping inside the project are required.
77 The following minimum horizontal clearances shall be
maintained between proposed water main and other facilities:
• 10-feet minimum separation (outside wall -to -outside
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.
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.):
Fire and Rescue
Department
Fire and Rescue
Department
Fire and Rescue
Department
Fire and Rescue
Department
Public Utilities,
Water
Public Utilities,
Water
Engineering
• 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.
78
No public water main or public water facilities shall be installed
Public Utilities,
in private alleys or paseo areas.
Water
Engineering
79
No public water mains or laterals allowed under parking stalls
Public Utilities,
or parking lots.
Water
Engineering
80
All fire services 2-inch and smaller shall be metered with a UL
Public Utilities,
listed meter, Hersey Residential Fire Meter with Translator
Water
Register, no equals.
En ineerin
81
Looping of public water mains is required for the project. At a
Public Utilities,
minimum, a water main loop shall be established along Katella
Water
Avenue, River Road, Stanley Cup Way, and Cerritos Ave.
Engineering
82
The owner shall irrevocably offer to dedicate to the City of
Public Utilities,
Anaheim an easement for the existing water main in Stanley Cup
Water
Way, east of Douglass Rd. Special surface improvements (as
Engineering
referenced in COA 52) is not be permitted over the existing main
unless the owner enters into an agreement to replace the existing
main. The extent of replacement shall be 10 feet beyond the
extents of the special surface improvements and will require
sleevinig as determined by the Water Engineering Division
83
The installation of services/meters/backflow prevention devices
Public Utilities,
will only be allowed for active development phases. Future
Water
services/meters/ backflow prevention devices shall be installed
Engineering
in conjunction with subsequent development phases. Stub outs
and/or inactive services will not be allowed.
84
The irrigation system for the proposed Meadow Park shall be
Public Utilities,
served by recycled water. The system shall connect to an
Water
existing 4-inch recycled water line (off OCSD's existing
Engineering
Groundwater Replenishment System) currently serving
ARTIC's landscaped area. Developer/Owner shall install all
required piping, meter, booster pump, and other appurtenances
to serve the irrigation system. In addition, the irrigation system
shall have a back-up potable water connection in case the
recycled water sLiRply is down for maintenance or repair.
85
Applicant shall coordinate proposed water mains with Ball
Public Utilities,
Basin development such that all proposed water mains are sized
Water
to serve both the build -out condition of the project and Ball
Engineering
Basin development.
86
If a single water service connection from Public Water System
via master water meter for domestic or master DCDA for fire
service will supply more than one building, the maintenance
covenant of a legal association of those properties shall contain
provisions defining the perpetual responsibility for the payment
of all Utility services provided in accordance with Rule No. 18
of the Water Utility Rates, Rules, and Regulations.
87
The existing 16" water main on Douglas Road ends at SR-57 and
currently is not looped. If the hydraulic analysis for the project
shows the existing 16" water main is required to be connected to
the public water system on Angels Stadium, the
developer/owner shall coordinate with the Angels development
the installation of the connection and the water improvements
for the project will not be approved without the connection. If
the Angels development is delayed or canceled, the
owner/developer of OC Vibe shall be responsible for installing
the connection.
88
Separate aerial easements shall be provided above water mains
at pedestrian walkways on Douglass Road and Katella Ave.
89
The proposed water main crossing the existing railroad track on
River Road shall be installed in a casing pipe per standards and
requirements of the railroad track operating entities and the City.
In addition, a license agreement will be required with the
railroad track operating entities prior to final approval of the
water main design plans. The owner/developer shall coordinate
with the City and other entities involved and provide documents,
drawings, and other required information to assist in execution
of the agreement.
90
Any separate UWM permits must be plan checked and approved
together. Staff will allow the seven (7) Phase 1 UWM packages
to be plan checked together on the same cycle. Construction of
select packages may be deferred (as approved by PUWE staff)
so long as interim phases do not create dead ends. All other
packages must be constructed concurrently to allow final
connection. A single bond may be required for each interim
phase of construction of multiple packages. All future phases,
including Phase 1(b), will need to meet similar requirements for
looping, hydraulic analyses, and review.
91
Prior to approval of UWM permits, hydraulic analyses of each
interim phase (referenced above) of the project is required. The
results of the hydraulic analyses may dictate additional modeling
or that certain packages that may need to be constructed
concurrently. Staff are in ongoing discussions with the applicant
regarding replacement of a segment of existing water main in
Katella. Staff has concern that this segment of cast iron RiPL
Public Utilities,
Water
Engineering
Public Utilities,
Water
Engineering
Public Utilities,
Water
Public Utilities,
Water
Engineering
Public Utilities,
Water
Engineering
Public Utilities,
Water
Engineering
(CIP) will have increased risk of breaks or leaks due to the
several new large connections along a relatively short span of
main. This concern does not need to be resolved prior to
planning commission. However, it will need to be resolved prior
to issuance of any UWM permits on the 2roject.
92
The mainline in the Paseo (currently Douglass Road between
Public Utilities,
Katella Avenue and Stanley Cup Way), shall become a private
Water
line per a separate transfer of ownership agreement. The transfer
Engineering
of ownership must be executed along with the transfer of
ownership of the public street or prior to surface improvements
over the Paseo, whichever comes first.
93
Prior to issuance of UWM Permits, construction phasing during
Public Utilities,
Phase 1 water improvements need to be described in detail. This
Water
shall include details of which facilities will be in operation
Engineering
during construction, shutdown requirements, and conversion of
existing public lines to private.
94
The segment of River Road north of Cerritos Avenue is listed as
Public Utilities,
Phase 1(b), but it is not included in the above referenced UWM
Water
plans. This will require reviews in future planning reviews of
Engineering
subsequent project phases.
95
The property shall be permanently maintained in an orderly
Planning and
fashion through the provision of regular landscaping
Building
maintenance, removal of trash or debris, and removal of graffiti
Department,
within twenty four (24) hours from time of occurrence.
Planning Services
Division
96
That fire lanes shall be posted with "No Parking Any Time".
Planning and
Building
Department,
Planning Services
Division
97
That ongoing during project operation no required parking areas
Planning and
shall be fenced or otherwise enclosed for outdoor storage uses.
Building
Department,
Planning Services
Division
98
Any Graffiti painted or marked upon the premises or on any
Planning and
adjacent area under the control of the licensee shall be removed
Building
or painted over within 24 hours of being applied.
Department,
Planning Services
Division
99
No exterior -mounted air conditioning facilities for individual
Planning and
hotel rooms or vacation ownership rooms shall be permitted.
Building
Department,
Planning Services
Division
100
No required parking area shall be fenced -off or otherwise
Planning and
enclosed for outdoor storage uses.
Building
Department,
Planning Services
Division
101
The property owner/developer shall be responsible for
Planning and
compliance with and any direct costs associated with the
Building
monitoring and reporting of all mitigation measures set forth in
Department,
Mitigation Monitoring Plan (MMP) No. 383 adopted for the
Planning Services
ocV!BE Project — DEV 2020-00125, established by the City of
Division
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. 383 is made a part of these conditions of approval by
reference.
102
The Applicant shall defend, indemnify, and hold harmless the
Planning and
City and its officials, officers, employees and agents
Building
(collectively referred to individually and collectively as
Department,
"Indemnitees") from any and all claims, actions or
Planning Services
proceedings brought against Indemnitees to attack, review, set
Division
aside, void, or annul the decision of the Indemnitees concerning
this permit or any of the proceedings, acts or determinations
taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached
thereto. The Applicant's indemnification is intended to include,
but not be limited to, damages, fees and/or costs awarded against
or incurred by Indemnitees and costs of suit, claim or litigation,
including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
103
The applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days
Building
of the issuance of the final invoice or prior to the issuance of
Department,
building permits for this project, whichever occurs first. Failure
Planning Services
to pay all charges shall result in delays in the issuance of required
Division
permits or may result in the revocation of the approval of this
application.
104
The subject Property shall be developed substantially in
Planning and
accordance with plans and specifications submitted to the City
Building
of Anaheim by the applicant and which plans are on file with the
Department,
Planning and Building Department, and as conditioned herein.
Planning Services
Division
105
Adequate lighting of parking lots, driveway, circulation areas,
Police
aisles, passageways, recesses and grounds contiguous to
Department
buildings shall be )rovided with lighting 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.
106
Rear entrance doors shall be numbered in the same address
Police
numbers or suite number of the business. Minimum height of 4
Department
inches is recommended.
107
All truck maneuvers shall be performed on -site. Trucks shall not
Public Works,
back in from or backup into adjacent streets.
Traffic
Engineering
Division
108
That ongoing during project operations, vehicle deliveries
Public Works,
including loading and unloading shall be performed on site.
Traffic
Delivery vehicles shall not block any part of the public right of
Engineering
way.
I Division
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 Resolution No. 2022-103 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 27' day of September. 2022 by the following vote of the members
thereof:
AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia
and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
[Mayoral vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of September, 2022.
a �=
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)