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RES-2022-108 RESOLUTION NO.2 0 2 2-1 0 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 19153 (DEV2020-00125) WHEREAS, the City of Anaheim did receive a verified petition for the approval of Tentative Tract Map No. 19153 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") 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 Ma 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,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 "P" 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, Tentative Tract Map No. 19153 is proposed in conjunction with a request to construct 1,922,776 square feet (s.f.) 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: 1. 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.f., 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"); 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- -2 - 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"); 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"). -3- 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,the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 29, 2022, 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 evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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, by motion, recommended that the City Council approve Tentative Tract Map No. 19153, in the form presented at the meeting at which this Resolution is adopted and incorporated herein by this reference, contingent upon and subject to the adoption by the City Council of(1) a resolution approving General Plan Amendment No 2021-00532; (2) an ordinance approving and adopting Reclassification No. 2020-00333; and (3) an ordinance approving Development Application(DEV2020-00004); and WHEREAS, upon receipt of a summary of evidence and a report of the findings and recommendations of the Planning Commission,the City Council did fix the 27th day of September 2022, as the time, 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 evidence for and against the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS,the City Council, after due consideration, inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request to approve Tentative Tract Map No. 19153, does fmd and determine the following facts: 1. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19153, including its design and improvements,is consistent with the General Plan of the City of Anaheim as proposed, and more particularly with the PTMU Overlay Zone land use designation,because the Proposed Project will consist of a density of 20.63 dwelling units per acre which is permitted under the Mixed-Use Medium land use designation, which allows up to 36 dwelling units per acre. 2. That the proposed subdivision of the Property, as shown on proposed Tentative Tract Map No. 19153, including its design and improvements, is consistent with the zoning and development standards of the PTMU Overlay Zone contained in Chapter 18.20 of the Code, because the project will comply with applicable development standards and include approval of a Zoning Code Amendment,now pending. -4- 3. That the site is physically suitable for the type and density of the Proposed Project. 4. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19153, is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified, because the Draft EIR No. 350 determined that there will be no significant impacts to the environment as a result of the Proposed Project. 5. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19153, or the type of improvements is not likely to cause serious public health problems. 6. That the design of the subdivision, as shown on proposed Tentative Tract Map No. 19153, or the type of improvements will not conflict with easements acquired by the public, at large, for access through or use of property within the proposed subdivision; and WHEREAS, by Resolution 2022-079, considered and approved by the Planning Commission, the Planning Commission found and recommends that the City Council determine 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; 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 presentations, 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 that, based upon the aforesaid findings and determinations, the City Council does recommend approval of Tentative Tract Map No. 19153, contingent upon and subject to approval by the Planning Commission of(i)a resolution approving General Plan Amendment No. 2020-00532, (ii) a resolution approving Development Agreement No. 2020-00004,all of which entitlements are now pending; (iii)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 (iv)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. Extensions for further -5- time to complete said conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided(i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was 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 MA OR PRO TE OF TH ITY O ANAHEIM ATTEST: ERK OF THE CITY OF ANAHEIM -6- EXHIBIT " ‘" DEN' 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. 253-521-31.253-521-17. 253-601-03, 253-601-02 -'-j �/ s.snr';DERSnN) E fyiNsTo R 1VE U _ o � N h h ry � °�,' t189' ry �� - 1620' - - Y CERR1�OS:AVE z-----�-E"_ 1 / 4.' :*" / r17r o TC- Z. H' NI ill I ■ Q.. 11 NI ,c J^ V • E KATELLA AVE 0 414t, 0 1 r - • rtr':=1;:-.. 7' t i A „... _ I, omits Source Recorded Tract Maps and'or City GIS Please note the accuracy rs.1-two to five feet EXHIBIT "B" TENTATIVE TRACT MAP NO. 19153 (DEV2020-0125) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 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. 2 Prior to the abandonment of Douglass Road, River Road, Public Works, between Katella Avenue and Ball Road, shall be dedicated to Development the 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. 3 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. 4 Prior to the abandonment of any sewer system, new public Public Works, sewer mains in Stanley Cup Way and River Road shall be Development constructed and operational per the approved Sewer Study and Services Division as approved 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. 5 The public sewer main segments in Stanley Cup Way and Public Works, Douglass Road shall remain public until the new sewer system as Development 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. 6 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. 7 Prior to approval of street improvement plans for River Road, a Public Works, traffic signal warrant analysis for the intersections of Auto Center Traffic Drive/Phoenix Club Drive and Sanderson Avenue/Phoenix Club Engineering Drive shall be submitted to the Department of Public Works, Traffic Engineering Section for review and approval. Should a traffic signal be warranted at either or both intersections, Owner shall design and construct the traffic signal(s) to the satisfaction of the City Engineer at Owners expense prior to first building and zoning inspection of Phase 1. PRIOR TO MAP RECORDATION 8 Prior to the recordation of the applicable subdivision map, as Fire and Rescue determined by the Fire Chief in consultation with City staff, the Department applicant shall enter into an agreement with the City for the installation of traffic signal preemption equipment for the surrounding controlled intersections. 9 The Developer/Owner shall submit improvement plans for all Public Works, improvements identified/required in the approved Traffic Study for Traffic the ocV!be Master Site Plan dated August 2022 in accordance with Engineering 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. 10 Prior to Map Recordation, the legal property owner shall Public Works, irrevocably offer to dedicate to the City of Anaheim as an easement Development for road, public utility and other public purposes and meeting all Services Division requirements of the Platinum Triangle Implementation Plan, City Standards, approved Traffic Study, and approved Tentative Tract Map 19153 as described below: 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 wide 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' 11 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 Avenue Services Division 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. 12 The Developer/Owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim public access easements for emergency services, Development solid waste/trash collection, vehicular and pedestrian for public Services Division 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. The public vehicular and pedestrian access easement language shall be reviewed and approved by the City Attorney's Office. 13 The Developer/Owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim public easement for emergency services along Development Douglass Road/Paseo between Katella Avenue and Stanley Cup Services Division Way from property line to property line, as shown on the TTM19153. 14 The Developer/Owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim a 15-foot wide easement for a Class I Bike Path Development along the entire length of the southern project boundary adjacent Services Division to the Union Pacific Railroad (UPRR). Final location, configuration,and alignment of the easement shall be determined and approved by the City Engineer. 15 Reserve Lettered Lots "A", "B", and "G" for Public Works, landscape/hardscape purposes as shown on TTM19153. Development Services Division 16 Reserve Lettered Lot C&D (Douglass Road), Lots C&E(Stanley Public Works, Cup Way), Lot F(Cerritos Avenue),and Private Drive located on Development Lot 1 between Katella Avenue and Stanley Cup Way for private Services Division street purposes. These lots shall be owned and maintained by OCVIBE as shown on the TTM19153. 17 All public utility easements irrevocably offered to the City of Public Works, Anaheim shall indemnify,protect,and hold and save harmless the Development City of Anaheim, its officers, employees, agents, and Services Division representatives, from and against any and all claims for damages to structures or property or from injury to or death of any persons, or loss of business and from all suits,claims,demands and actions of any kind whatsoever arising from routine or emergency maintenance of public utilities. Final indemnification easement language shall be reviewed and approved by the City Attorney's office and the City Engineer. 18 All existing structures in conflict with the future property lines shall Public Works, be demolished. The developer shall obtain a demolition permit Development from the Building Division prior to any demolition work. Services Division 19 The fmal map shall be submitted to the City of Anaheim, Public Public Works, Works Development Services Division and to the Orange County Development Surveyor for technical correctness review and approval. Services Division 20 The Developer/Owner shall execute a Save Harmless Agreement Public Works, with the City of Anaheim for any storm drain connections to the Development City's storm drain system. The agreement shall be recorded Services Division concurrently with the Final Map. 21 The Developer/Owner shall execute a maintenance covenant with Public Works, the City of Anaheim in a form that is approved by the City Development Engineer and the City attorney for all private improvements Services Division including, but not limited to, landscape lot, private utilities, drainage devices, parkway landscaping and irrigation, private streets and street lights, common ingress and egress, common facilities, parking areas, cycle tracks, etc. in addition to maintenance requirements established in the Water Quality Management Plan (WQMP) as applicable to the project. The covenant shall be recorded concurrently with the Final Map. 22 Vacate all existing easement in conflict with the proposed Public Works, improvements. Development Services Division 23 The Developer/Owner shall execute a Subdivision Agreement Public Works, and submit security in an amount acceptable to the City Engineer Development to guarantee construction of the public improvements required Services Division herein. Security deposit shall be in accordance to City of Anaheim Municipal Code. The agreement shall be recorded concurrently with the Final Map. The security deposit shall include required improvements beyond the limits of TTM19153. 24 All public improvements including street and utilities shall be Public Works, bonded prior to map recordation. Development Services Division 25 Provide a Monumentation bond in an amount specified in writing Public Works, by a Licensed Land Surveyor of Record. Development Services Division 26 The vehicular access rights to Katella Avenue and River Road Public Works, shall be restricted and relinquished to the City of Anaheim except Development at approved intersections as shown on TTM19153 and any Services Division approved driveway locations meeting all requirements of the Platinum Triangle Implementation Plan and approved Traffic Study 27 The Developer/Owner shall submit improvement plans for the Public Works, construction of required public improvements along Katella Development Avenue, River Road, Stanley Cup Way, and Cerritos Avenue Services Division (including improvements beyond the limits of TTM19153)to the Public Works Development Services Division for review, approval, and to determine the bond amounts. Such improvements may include, but not limited to, the following: street widening, intersection improvements, traffic signal installation and modification, storm drain, sewer, bike trail, signing and striping, landscape median islands, street widening, pavement, sidewalk, landscaped parkways, street lights, utilities, pull boxes, etc. 28 The Developer/Owner shall provide non-interference letter Public Works, and/or other form of approval for any improvements encroaching Development into existing easements that will remain on the subdivision lots Services Division from the affected easement owner(s) prior to final map recordation. 29 The developer shall submit improvement plans, for the Public Works, construction of the required public improvements, to the Public Development Works Department for review and approval. 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. 30 All existing flood control easements within the ultimate right-of- Public Works, way shall be vacated along River Road prior to Map Recordation Development or Building Permit Issuance, whichever comes first. Services Division 31 Project is approved under Platinum Triangle WSA. The Water Public Utilities, Supply Verification(WSV)for this project is approved with Water Engineering entitlement. Division PRIOR TO ISSUANCE OF GRADING PERMIT 32 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 easements Services Division and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 33 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. 34 The developer shall execute a Save Harmless Agreement with the Public Works, City of Anaheim for any storm drain connections to a City storm Development drain system. The agreement shall be recorded by the applicant Services Division on the property prior to the issuance of any permits. 35 All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer. Development Services Division 36 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. 37 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. 38 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. 39 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. 40 The Developer/Owner shall enter into an agreement with the City Public Works, 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. 41 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. 42 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in Public Utilities, determining the conditions necessary for providing water service Water Engineering to the project. Division PRIOR TO ISSUANCE OF BUILDING PERMITS 43 Proposed private improvements that will encroach onto the public right of way will require the applicant to enter into an Public Works, Encroachment License Agreement with the City as approved by Development the City Engineer and Director of Public Works. Services Division 44 The developer/applicant shall be responsible to pay all fees associated with obtaining the necessary easements, permits and Public Works, the construction of the required improvements along TTM19153 Development limit and beyond the tentative tract limits. Services Division 45 Record Final Map No. 19153 pursuant to the Subdivision Map Act and in accordance with the City Code. The City Engineer Public Works, may determine that the project is in substantial conformance with Development the condition and may, at his own discretion,release the building Services Division 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. 46 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim as an easement for road,public utility and other Public Works, public purposes and meeting all requirements of the Platinum Development Triangle Implementation Plan, City Standards, approved Traffic Services Division Study, and approved Tentative Tract Map 19153 as described below: 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 Ma 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' 47 The Developer/Owner shall irrevocably offer to dedicate to the City of Anaheim a 5-foot wide sidewalk easement behind the Public Works, ultimate right-of-way line along the south side of Katella Avenue Development between east of Douglass Road and west of the Pedestrian Bridge Services Division for public pedestrian access, as shown on TTM19153 for the purpose of the Pedestrian Bridge landing. 48 The Developer/Owner shall irrevocably offer to dedicate to the City of Anaheim public access easements for emergency services, Public Works, solid waste/trash collection, vehicular and pedestrian for public Development use along the following interior private streets: Douglass Services Division 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. 49 All Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance Public Works, complies with the State of California Model Water Efficient Development Landscape Ordinance(AV 1881). Services Division 50 Provide a pad certification report from the project Soils Engineer certifying that the building pad has been compacted in accordance Public Works, with the Anaheim Municipal Code. Development Services Division 51 The developer shall submit street improvement, landscape, and irrigation plans for all work performed in the public right-of-way Public Works, to the Public Works Department for review. The developer shall Development submit a cost estimate and post a security (Performance and Services Division 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. 52 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 PRIOR TO FINAL BUILDING AND ZONING INSPECTION 53 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. 54 All public improvements as shown in the approved TTM19153 Public Works, and approved Traffic Study shall be constructed by the developer, Development inspected, and accepted by Construction Services prior to final Services Division building and zoning inspection. 55 All remaining fees/deposits required by Public Works Public Works, Department must be paid in full. Development Services Division 56 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. 57 Record Drawings and As-Built plans shall be submitted for Public Works, review and approval to the Public Works Department. Development Services Division GENERAL 58 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 in Planning Services 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". 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. 2022-108 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th 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. CITY LERK OF THE CITY OF ANAHEIM (SEAL)