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Resolution-PC 2011-015and RESOLUTION NO. PC2011 -015 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THE PREVIOUSLY - CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 339, PREVIOUSLY - APPROVED MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 302 SERVES AS THE APPROPRIAI"E ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2010 -00004 BY AND BETWEEN THE CITY OF ANAHEIM AND BRE PROPERTIES, INC. (DEV2010- 00161) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute ") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the consideration of development agreements; and WHEREAS, the City of Anaheim (hereinafter the "City ") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance ") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R -565 (hereinafter the "Procedures Resolution ") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004 -00419 setting forth the City's vision for development of the City of Anaheim ( "General Plan Amendment "), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ( "h'EIR No. 330 "), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement an the north ( "The Platinum Triangle "); and -1- PC2011 -015 WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004 -177 approving The Platinum Triangle Master Land Use Plan and setting forth the new vision for The Platinum Triangle and Resolution No. 2004 -179 approving the form of the Platinum Triangle Standardized Development Agreement; and WHEREAS, on August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed Use (PTMU) Overlay Zone (the "PTMU Overlay Zone ") and Ordinance No. 5936 amending the zoning map to reclassify approximately three hundred and seventy -five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in the Platinum Triangle Master Land Use; and WHEREAS, on June 7, 2005, City Council approved three Development Agreements to govern the development of an approximate 14.64 -acre project on three parcels located within the Platinum Triangle at 1515 East Katella Avenue (Development Agreement No. 2005 - 00001), 1781 South Campton Avenue (Development Agreement No. 2005 - 00002), and 1551 East Wright Circle (Development Agreement No. 2005 - 00003); and determined that previously- certified FEIR No. 330; the Mitigated Negative Declaration prepared for Development Agreement Nos. 2005 - 00001, 2005 -00002 and 2005 - 00003; and, Mitigation Monitoring Plan No. 128 were adequate to serve as the required environmental documentation for the proposed project; and WHEREAS, subsequent to the recordation of Development Agreement No. 2005- 00002, the fee title interest in the project was sold, transferred, conveyed or assigned to 1515 E. Katella Avenue - Anaheim, LLC. Development Agreement No. 2005 -00002 provided for the development of a multiple- family residential project consisting of 196 residential units; and WHEREAS, subsequent to the recordation of Development Agreement No. 2005 -- 00003, the fee title interest in the project was sold, transferred, conveyed or assigned to BRE Properties, Inc. Development Agreement No. 2005 -00003 provided for the development of a multiple- family residential project consisting of 255 residential units; and WHEREAS, on October 25, 2005, the City Council approved amendments to the General Plan, the PTMLUP, and the PTMU Overlay Zone to increase the allowable development intensities within the Platinum Triangle to 9,500 residential units; 5,000,000 square feet of office uses; and 2,254,400 square feet of commercial uses, and certified Final Subsequent Environmental Impact Report (FSEIR) No. 332 including Updated and Modified Mitigation Monitoring Plan No. 106A for the PTMLUP as the required environmental documentation for said amendments; and WHEREAS, following the certification of FSEIR No. 332, the City Council approved two addendums to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle intensity by 67 residential units; 55,550 square feet of office development; and 10,000 square feet of commercial uses. A project Environmental Impact Report was also approved to increase the allowable development intensities by an additional 699 residential units -2- PC2011 -015 to bring the total allowable development intensity within the Platinum Triangle to up to 10,266 residential units; 5,055,550 square feet of office uses; and 2,264,400 square feet of commercial uses; and WHEREAS, on February 13, 2007, the City embarked upon a process to amend the General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized Development Agreement, and related zoning reclassifications to increase the allowable development intensities within the Platinum Triangle to up to 18,363 residential units; 5,657,847 square feet of commercial uses; 16,819,015 square feet of office uses; and 1 ,500,000 square feet of institutional uses (the "Platinum Triangle Expansion Project "); and WHEREAS, as required by law, the City Council certified Final Subsequent Environmental Impact Report for the Platinum Triangle Expansion Project ( FSEIR No. 334), including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP, in December 2007 and again in April as the required environmental documentation for said amendments and related zoning reclassifications; and WHEREAS, following the approval of FSEIR No. 334, a lawsuit was filed challenging the adequacy of FSEIR No. 334. In consideration of the City's exemplary historical record in avoiding CEQA litigation and its commitment to proper environmental review, the City Council repealed the approval of the Platinum Triangle Expansion Project, including FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent Environmental Impact Report for the project; and WHEREAS, on October 26, 2010, the City Council approved amendments to the General Plan, the PTMLUP, the PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development intensities within the PTMU Overlay Zone to up to 18,909 residential units; 14,340,522 square feet of office uses; and 4,909,682 square feet of commercial uses; and 1,500.000 square feet of institutional uses, and Final Subsequent Environmental Impact Report for the Revised Platinum Triangle Expansion Project (FSIER No. 339), including Updated and Modified Mitigation Monitoring Plan No. 106C for the PTMLUP as the required environmental documentation for said amendments and related zoning reclassifications; and, WHEREAS, on December 16, 2010, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law "), BRE Properties Inc., representing BRE Properties Inc. and 1515 Katella Avenue- Anaheim LLC, requested cancellation of Development Agreements Nos. 2005 -00002 and 2005- 00003, as subsequently amended; and submitted an application for the approval of Development Agreement No. 2010 -00004 (hereinafter the "Development Agreement ") to permit the construction of 400 residential units within two 4 -story buildings and vest certain project entitlements and address the implementation of the Park Viridian Project; and WHEREAS, in conjunction with the Development Agreement, the Applicant also requests approval of an amendment to subsection 4.2.11 of Section 4.2 of Chapter 4 of the PTMLUP (Miscellaneous Case No. 2011- 00493) and the PTMU Overlay Zone (Zoning Code -3- PC2011 -015 Amendment No. 2011-00098) to allow diagonal parking on Connector Streets subject to the review and approval of the City Engineer; and WHEREAS, the Development Agreement pertains to approximately 14.6 acres of real property in the City of Anaheim, commonly known as 1781 South Campton Avenue and 1551 East Wright Circle, as more particularly shown on Exhibit "A", attached hereto and incorporated herein by this reference, which is located in The Platinum Triangle and within the Mixed Use Overlay Zone and the Katella District of the PTMU Overlay Zone; and WHEREAS, the Applicant desires to develop the property with 400 residential units within two 4 -story buildings, as more particularly set forth in Exhibit "B" of the Development Agreement (the "Final Site Plan "), hereinafter collectively referred to as "Park Viridian Project"; WHEREAS, on March 8, 2011, the Planning Director approved Final Site Plan No. 2011 -00002 to provide for the development of the Park Viridian Project, contingent upon the approval of Development Agreement No. 2010 - 00004, Zoning Code Amendment No. 2011- 00098, and Miscellaneous Case No. 2011 - 00493; and WHEREAS, the Anaheim PIanning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 14, 2011, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the proposed Development Agreement meets the following standards set forth in the Procedures Resolution: 1. The Project is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives as set forth in the General Plan. 2. The Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district in that the Project is in compliance with the Platinum Triangle Mixed Use Overlay requirements. 3. The Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4. The Project is not detrimental to the health and safety of the citizens of the City of Anaheim. -4- PC2011 -0 15 5. The Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. The Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: The Planning Commission has reviewed the proposed Development Agreement and the requirements of California Environmental Quality Act ( "CEQA "), and does hereby find and determine, based upon its independent review and analyses of previously- certified FSEIR No. 339, the previously - approved Mitigated Negative Declaration prepared for Development Agreement Nos. 2005- 00001, 2005 -00002 and 2005- 00003, and Mitigation Monitoring Plan No. 302, that these documents are adequate to serve as the required environmental documentation for said Development Agreement and satisfy all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for said Development Agreement. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Planning Commission does hereby recommend that the City Council approve Development Agreement No. 2010- 00004, as described above. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions set forth in the Development Agreement. 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 the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -5- PC2011 -015 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 14, 201 1. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ,c c , iLc , CHAIRMAN, A H I IM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 1, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 14, 201 1, by the following vote of the members thereof: AYES: COMMISSIONERS: FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: AMENT, KARAKI 2011. IN WITNESS WHEREOF, 1 have hereunto set my hand this 14 day of March SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2011 -015 1781 SOUTH CAMPTON AVENUE: EXHIBIT "A" (Legal Description of the Property) LOT 2 OF TRACT NO. 16831 AS PER MAP RECORDED IN BOOK 881, PAGES 9 THROUGH 12, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER, ORANGE, CALIFORNIA. 1551 EAST WRIGHT CIRCLE: LOT 3 OF TRACT NO. 16831 AS PER MAP RECORDED IN BOOK 881, PAGES 9 THROUGH 12 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE ORANGE COUNTY RECORDER, ORANGE, CALIFORNIA. - 7 - PC2011 -015 1 (MM1 -1) 2 (MM5 -6) 3 (MM7 -3) EXHIBIT `B" DEVELOPMENT AGREEMENT NO. 2010-00004 (DEV2010- 00161) Nal`F: Mitigation Measures ( "MM "), from Mitigation Monitoring Program No. 106C are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers. NO. CONDITIONS OF APPROVAL PRIOR TO APPROVAL OF A FINAL SITE PLAN Where adjacent uses are deemed to be shadow sensitive (e.g., residential, recreational, and pedestrian areas), the property owner /developer for future development projects shall demonstrate that the Proposed Project would not preclude shadow sensitive receptors' exposure to natural sunlight for at 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. If new vibration- sensitive land uses are located in close proximity to the Orange County Line. the project applicant shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. If perceptible levels of vibration are detected, the acoustic analysis shall recommend site design features, such as setbacks and trenches, and /or required building improvements, such as harder building materials (e.g., steel framing vs. wood framing), to eliminate the potential for train operations to result in perceptible levels of vibration that cause human annoyance to future project residents. The site design features shall be identified on the Final Site Plan to the satisfaction of the Planning Director. The property owner /developer shall submit plans to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including implementation of Ordinance 6016 and the concept of crime prevention through environmental design - 8 - REVIEW BY Planning Division Building Division Planning Division Building Division Police Department PC2011 - 015 SIGNED OFF BY 4 (MM7 -5) 5 (MM9 -15) 6 (MM 10 -6) 7 (MMI -1) (i.e., building design, circulation, site planning and Iighting of parking structure and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. The property owner /developer shall submit design plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the review and approval of the Anaheim Police Department. The property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). Prior to final design approval, additional analysis shall be performed and provided for each individual project using flow, wet - weather data, and other information specific for that project in order to obtain more accurate results of the surcharge levels for final design. PRIOR TO ISSUANCE OF A GRADING PERMIT Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the property owner /developer shall submit Demolition and Import/Export Plans detailing construction and demolition (C &D) recycling and waste reduction measures to be implemented to recover C &D materials. These plans shall - 9 - Police Department Traffic and Transportation Orange County Transportation Authority (OCTA) Public Works, Streets and Sanitation Planning Division Traffic and Transportation PC2011 -015 8 (MM3 -1) 9 (MM10 -1) include identification of off -site locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials on -site or to an adjacent site, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects if not all can be reused at the project site. The property owner /developer shall submit plans documenting that the design of all aboveground structures (with the exception of parking structures) shall be at least three feet higher that the 100 -year flood zone, where applicable, unless otherwise required by the City Engineer. All structures below this level shall be flood proofed to prevent damage to property or harm to people. The City Engineer shall review the location of each project to determine if it is located within an area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Additionally, the property owner /developer shall participate in the - 10 - Public Works, Development Services Public Works, Development Services Building Division PC2011 -015 Infrastructure Improvement (Fee) Program, if adopted for the project area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 10 Prior to approval of a final subdivision map or Public Works, Streets (MM10 -3) issuance of a grading or building permit for each and Sanitation development project, whichever occurs first, the property owner /developer shall contact Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if requested by the OCSD, the property owner /developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD's modeling results. 11 Prior to the issuance of the first building permit or Water Engineering (MM10 -9) grading permit, whichever occurs first, the property owner /developer shall indicate on plans installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) 12 Prior to the issuance of the first building permit or Water Engineering (MM10 -10) grading permit following certification of SEIR No. 339, whichever occurs first, the property owner /developer shall pay fees in accordance with Rule 15D, Platinum Triangle Water Facilities Fee, of the Water Utilities Rates, Rules, and Regulations. 13 Ongoing, the City shall continue to collaborate Water Engineering (MM10 -11) with the Metropolitan Water District of Southern California, its member agencies, and Orange Building Division County Water District to ensure that available water supplies meet anticipated demand. If it is forecast that water demand exceeds available supplies, the staff shall recommend to City Council to City shall trigger application of the Water Conservation Ordinance, Municipal Code Section 10J8, as prescribed, to require mandatory conservation measures as authorized by Section 10.18.070 through 10.18.090, as appropriate. 14 Prior to issuance of a building permit or grading Resource Efficiency PC2011 -015 (NIlV110 -13) 15 (MM10 -14) permit, whichever occurs first, the property owner /developer shall indicate on plans water efficient design features including, but not limited to (as applicable to the type of development at issue) waterless water heaters, waterless urinals, automatic on and off water faucets, and water efficient appliances. Prior to issuance of a building permit or grading permit, whichever occurs first, the property owner /developer shall indicate on plans installation of a separate irrigation lines and use recycled water when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. The property owner /developer shall contact the Public Utilities Department, Water Engineering Division, for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. 16 Prior to issuance of a building permit, the property owner /developer shall submit a plan to the Water Engineering Division of the Public Utilities Department showing the individual water service installations required to serve each building, including locations of proposed large meters with easements, small meters, and fire lines with backflow devices. The plan shall demonstrate that all backflow devices will be located aboveground outside the street setback area in a manner fully screened from all public streets and in locations approved by the Public Utilities Department and the Planning Department. The plans shall also demonstrate that any existing water services, fire lines, and backflow devices conform to current Water Utility Standards and/or existing water services and/or fire lines that are not approved for continued use by Water Engineering shall be upgraded to current standards, or abandoned, if no longer needed, by the property owner /developer. 17 Prior to issuance of a building permit, the property owner /developer shall pay his project's proportionate share of the cost to prepare the - 12 - Building Division Water Engineering Public Works, Development Services Water Engineering Water Engineering PC2011 -015 Water Supply Assessment for the Platinum Triangle SEIR No. 339. 18 Prior to the issuance of the first building permit for Water Engineering each building, a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be shown on plans submitted for building permits. 19 Prior to issuance of the first building permit or Water Engineering final tract map approval, the owner shall irrevocably offer to dedicate to the City of Anaheim an easement for all large domestic above - ground water meters, including a five (5)- foot wide easement around the water meter pad, a twenty (20) foot wide easement for all water service mains and service laterals, and/or an easement for above - ground large meters and other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. The requirements and easement notes of the Water Engineering Division shall be included in all easement deeds for water facilities. Provisions for the maintenance of all associated water line improvements shall be included in the Master CC & R's for the project. Backflow devices and large meters shall be located above ground and properly screened. Such information shall be specifically shown on water improvement plans. 20 Ongoing during business operations and in accordance with the Development Requirements and Maintenance Obligations, OWNER shall be responsible for restoring any special surface improvements other than asphalt paving within the right -of -way, City water easements, Public Utility easements, private roads, alleys and driveways, including but not limited to colored concrete, stamped concrete, bricks, pavers, concrete, walls, or Iandscaping that becomes damaged during any excavation, repair or replacement of any City water facility. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the - 13 - Water Engineering PC2011 -015 21 (MM10 -17) 22 (MM 10 -20) project. Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the Location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones of the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area, prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. Prior to the approval of each grading plan (for import/export plan) and prior to issuance of demolition permits (for demolition plans), the property owner /developer shall submit a Demolition and Import/ Export Plans, if determined to be necessary by the Public Works Department, Traffic Engineering Division and /or Street and Sanitation Division. The plans shall include identification of off -site locations for 14 Public Works, Development Services Public Works, Streets and Sanitation Traffic and Transportation PC2011 -015 23 (1VIM10 -23) material export from the project and options for disposal of excess material. These options may include recycling of materials on -site, sale to a broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if all cannot be reused on the project site. The underground electrical distribution systems Electrical will consist of substructures including vaults, duct Engineering banks, pull boxes, and other facilities necessary to meet the proposed power requirements of the development. The underground substructures will be installed by the applicant in accordance with electrical distribution plans and specifications prepared and approved by the Public Utilities Department - Electrical Engineering Division. Electrical facilities and equipment will be installed as required to meet the electrical demand of the development. All high voltage electrical lines, switches, and transformers installed on private property will require an easement as indicated on the approved plans. It is the developer's responsibility to coordinate survey activities and construct wet and dry utilities in a manner as to avoid conflicts, and to meet necessary clearance requirements for the on -site electrical distribution system required for service establishment. 24 Cable TV and telephone services may be installed Electrical (MM10 -23) in a joint trench with the electrical backbone Engineering system in compliance with Electrical Engineering Division Construction Standards for joint trench activities and electrical distribution plans and specifications. 25 If street lights are required, the complete street Electrical (MM10 -23) lighting system, including: street lights, conduits, Engineering pull boxes, and cables, will be installed by the applicant in accordance with plans and specifications prepared and approved by the - 15 - PC2011 -015 Public Utilities Department - Electrical Engineering Division. 26 That prior to approval of the first Final Site Plan Electrical (MM10 -25) for each development area, the property Engineering owner /developer shall coordinate with the Electrical Engineering Division to ensure that there will be no conflicts with the underground electrical systems. The property owner /developer shall coordinate with the Electrical Engineering Division to establish electrical service requirements and obtain electrical distribution plans and specifications. That prior to the approval of each Final Site Plan, 27 plans shall indicate that above - ground utility (MM10 -25) devices are located on private property in a pre - approved location or as otherwise allowed by the Municipal Code. Prior to the issuance of the first building permit for the approved Final Site Plan, the above - ground utility devices shall be specifically shown on construction plans in locations substantially in accordance with the approved Final Site Plan. Landscape and /or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment, in accordance with the Public Utilities Department's Screening Guidelines. Said information shall be specifically shown on plans submitted for building permits. That prior to issuance of the first building permit Electrical 28 for each Final Site Plan, the property Engineering (1VIM10 -25) owner /developer shall coordinate its service requirements and relocation issues with the City of Anaheim Public Utilities Department and the other utility companies involved. The costs for activities such as relocations of existing electrical distribution and street lighting facilities, or undergrounding of existing electrical facilities as a direct result of the development project shall be borne by the property owner /developer. It is the property owner /developer's responsibility to obtain necessary inspection approvals and releases as indicated in the electrical distribution plans and specifications and identified in the Letter of - 16 - Electrical Engineering PC2011 -015 Transmittal. 29 That prior to the issuance of the first building Electrical (MM10 -25) permit for each building, building plans shall show Engineering that the property shall be served with underground utilities per the Electric Rates, Rules, and Regulations, with installation prior to the first final building and zoning inspection. 30 That prior to the first final building and zoning Electrical (M1VI10 -25) inspection for each Final Site Plan, the installation Engineering of new electrical facilities systems shall be coordinated to coincide with the level of development that would require this improvement. 31 That prior to the first final building and zoning (MM10 -25) inspection for each Final Site Plan, the OWNER shall provide the City of Anaheim with a public utilities easement (per final electric design), along /across high voltage lines, low voltage lines crossing private property, and around all electrical equipment such as padmounted transformers, switches, capacitors, and automation controllers, providing sufficient clearances as identified in the Construction Standards. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. Requirements for public utility easements, including legal descriptions and associated exhibits shall meet the requirements set forth by the Department of Public Works — Real Property Section. 32 Prior to approval of permits for improvement Electrical (M1VI10 -25) plans, the property owner/developer shall submit Engineering electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications to the Public Utilities Department, Electrical Engineering Division in conformance to Anaheim Construction Standards, applicable codes, and requirements established by the Electric Utility Service Equipment Requirements Committee (EUSERC). Property owner /developer shall demonstrate that the electric system is in conformance with the Public Facilities Plan. - 17 - Electrical Engineering PC2011 -015 33 Should the location and/or electrical demand of Electrical (MM10 -25) the development require a new circuit to be Engineering extended to the property via a line extension, the property owner /developer shall be responsible for the associated costs per Anaheim's Electric Rates, Rules and Regulations. Construction in the public right -of -way shall be performed by the City of Anaheim Public Utilities Department. It is the developer's responsibility to contact the Public Utilities Department to determine lead times for line extensions that may include substantial work to reconfigure or install new facilities. 34 The property owner /developer shall pay service Electrical (MM10 -25) connection and/or line extension fees in Engineering accordance with Anaheim's Electric Rates, Rules and Regulations for electrical residential and commercial services for specific uses within the development site. Associated fees shall be provided to the property owner /developer by the City of Anaheim Public Utilities Department. 35 Prior to approval of street improvement plans, the Electrical (MM10 -25) property owner /developer shall submit Traffic Engineering Management Plans to the Department of Public ' Works describing traffic control measures that shall be implemented to maintain traffic flow in all directions where utility improvements are being implemented in existing roadways. The traffic control measures may include flagmen, appropriate signage and traffic control barriers consistent with City of Anaheim requirements, or other appropriate measures. The Traffic Management Plans shall be reviewed and approved by the Department of Public Works, Traffic Engineering Division. 36 The proposed project shall comply with all State Electrical (MM10 -26) Energy Insulation Standards and City of Anaheim Engineering codes in effect at the time of application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.) 37 Plans submitted for building permits shall include Electrical - 18 - PC2011 -015 (MM10 -26) 38 (1VIM10 -26) written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. Prior to issuance of each building permit, the property owner/developer shall incorporate the following energy saving practices into building plans. The property owner/developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to each final building and zoning inspection: a. Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. b. Use of electric motors designed to conserve energy. c. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. d. Use of T8 lamps and electronic ballasts. Metal halide or high - pressure sodium for outdoor lighting. PRIOR TOAPPROVAL OF DEVELOPMENT AGREEMENT 39 (MM 2-7) Applicants for new residential developments in the Platinum Triangle Master Land Use Plan within 500 feet of Interstate 5 (I -5) or State Route 57 (SR -57) shall be required to install high efficiency Minimum Efficiency Reporting Value (MERV) filters of MERV 14 or better in the intake of residential ventilation systems. Installation of MERV 14 filters shall be shown on plans submitted for building permits. MERV 14 filters have a Particle Size Efficiency rating of 90 percent for particulates 1.0 micron to 3.0 microns in size and a Particle Size Efficiency rating of 75 to 85 percent for particles 0.3 to 1.0 micron in size. A MERV 14 filter creates more resistance to airflow because the filter media becomes denser as efficiency increases. Heating, air conditioning, and ventilation systems shall be installed with a fan 19 Engineering Planning Division South Coast Air Quality Management District PC2011 -015 unit designed to force air through the MERV 14 filter. To ensure long -term maintenance and replacement of the MERV 14 filters in the individual units, the following shall occur: a) Developer, sale, and /or rental representative shall provide notification to all affected tenants /residents of the potential health risk from 1- 5 /SR -57 for all affected units. b) For rental units within 500 feet of the 1- 5 /SR -57, the owner /property manager shall maintain and replace MERV 14 filters in accordance with the manufacturer's recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates from I -5 or SR -57 when windows are open. c) For residential owned units within 500 feet of I- 5/SR -57, the homeowner's association (HOA) shall incorporate requirements for long -term maintenance in the Covenant, Conditions, and Restrictions and inform homeowners of their responsibility to maintain the MERV 14 filter in accordance with the manufacturer's recommendations. The HOA shall inform homeowners of increased risk of exposure to diesel particulates from I- 5/SR -57 when windows are open. 40 Based on the recommended buffer distances of the Planning Division (MM 2 - California Air Resources Board, applicants for new developments in the Platinum Triangle shall place residential structures and active outdoor recreational areas outside of the recommended buffer distances to the following stationary air pollutant sources: • 1,000 feet from the truck bays with an existing distribution center that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units, or where - 20 - PC2011 -015 41 (MM 2 -9) 42 (M1VI2-10) transport refrigeration unit operations exceed 300 hours per week. • 1,000 feet from an existing chrome plating facility. • 300 feet from a dry - cleaning facility using perchloroethylene using one machine and 500 feet from dry - cleaning facility using perchloroethylene using two machines. 50 feet from gas pumps within a gas - dispensing facility and 300 feet from gas pumps within a gasoline- dispensing facility with a throughput of 3.6 million gallons per year or greater. All outdoor active -use public recreational areas associated with development projects shall be located more than 500 feet from the nearest lane of traffic on Interstate 5 and State Route 57. For projects located within 1,000 feet of an industrial facility that emits substantial odors, which includes but is not limited to: • wastewater treatment plants • composting, greenwaste, or recycling facilities • fiberglass manufacturing facilities • painting/coating operations • coffee roasters • food processing facilities Project Applicant shall submit an odor assessment to the Planning Director prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T- BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T -BACTs may include, but are not Limited to, scrubbers at the industrial - 21 - Planning Division South Coast Air Quality Management District Planning Division PC2011 -015 43 (MM 7 -10) 44 (MM 9 -6) facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential Prior to approval of the first Development Agreement with residential units within the Platinum Triangle following certification of SEIR No. 339, an update to the library facilities fee program included in the Standardized Development Agreement shall be submitted to the City Council for review and consideration to reflect the Proposed Project intensities. Prior to approval of a Development Agreement for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, property owner /developers shall prepare traffic improvement phasing analyses to identify when the improvements identified in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parson Brinckerhoff, August 2010 (Appendix F of this SEIR) shall be designed and constructed. The Development Agreement Conditions of Approval shall require the property owner /developer to implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City's General Plan, based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines_ The improvement phasing analyses will specify the timing, funding, construction and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The Development Agreement Conditions of Approval shall require the property owner /developer to construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been - 22 - Community Development Department Planning Division Traffic and Transportation PC2011 -015 identified. 45 In conjunction with the preparation of any traffic Traffic and (MM9 -7) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, property owners /developers will analyze to determine when the intersection improvements shall be constructed, subject to the conditions identified in Mitigation Measure 9-6. The improvement phasing analyses will specify the timing, funding, construction and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. At minimum, fair -share calculations shall include intersection improvements, rights -of- way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. The Development Agreement Conditions of Approval shall require the property owner /developer to construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 46 In conjunction with the preparation of any traffic Traffic and (MM9.8) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, the following actions shall be taken in cooperation with the City of Orange: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair -share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b) The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with the City of Orange. c) The Proposed Project shall pay the City of - 23 - PC2011 -015 Anaheim the fair -share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. d) The City shall work with the City of Orange to amend the JCFA to ensure the fair share fees collected to mitigate arterial and intersection impacts in the City of Orange are mitigated to the extent feasible. 47 In conjunction with the preparation of any traffic Traffic and (11/M9 -9) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners /developers and the City will take the following actions in cooperation with Caltrans: a) The traffic study will identify the Project's proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. b) The City shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans, 48 Subsequent to the certification of the FEIR, and Traffic and (M1149 -12) prior to the approval of the first Development Transportation Agreement, if the costs of the identified improvements in this traffic study cannot be - 24 - PC2011 -015 covered by the total funding allocation under the existing Community Facilities District (CFD), an update to the CFD or an update to the City's traffic impact fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Any updated CFD or City traffic fee program shall include the costs of implementing identified intersection and/or arterial improvements in the City of Orange. PRIOR TO ISSUANCE OF A BUILDING PERMIT 49 The property owner /developer shall submit South Coast Air (MM2 -4) evidence that high - solids or water -based low Quality Management emissions paints and coatings are utilized in the District design and construction of buildings, in compliance with South Coast Air Quality Management District's regulations. This information shall be denoted on the project plans and specifications. Additionally, the property owner /developer's shall specify the use of high - volume /low - pressure spray equipment or hand application. Air- atomized spray techniques shall not be permitted. Plans shall also show that property owner /developers shall construct/build with materials that do not require painting, or use prepainted construction materials, to the extent feasible. 50 The property owner /architect shall submit energy Planning Division (MM2 -6) calculations used to demonstrate compliance with Building Division the performance approach to the California Energy Efficiency Standards to the Building Division that shows each new structure exceeds the applicable Building and Energy Efficiency Standards by a minimum of 10 percent at the time of the building permit. Prior to issuance of a building permit, plans shall show the following: a) Energy- efficient roofing systems, such as vegetated or "cool" roofs, that reduce roof temperatures significantly during the summer and; therefore, reduce the energy requirement for air conditioning. Examples of energy efficient building materials and suppliers can be found at the following - 25 - PC2011 -015 51 (MM5 -2) website: http: / /eetd.lbl.gov /CoolRoofs/ or other similar websites. b) Cool pavement materials such as lighter - colored pavement materials, porous materials, or permeable or porous pavement, for all roadways and walkways not within the public right -of -way, to minimize the absorption of solar heat and subsequent transfer of heat to its surrounding environment. Examples of cool pavement materials are available at: http: / /www.epa.gov/heatisld/ images/ extra /level3_pavingproducts.html or other similar websites. c) Energy saving devices that achieve the existing 2008 Building and Energy Efficiency Standards, such as use of energy efficient appliances (e.g., EnergyStar° appliances) and use of sunlight - filtering window coatings or double -paned windows. d) Electrical vehicle charging stations for all commercial structures encompassing over 50,000 square -feet. e) Shady trees strategically located within close proximity to the building structure to reduce heat load and resulting energy usage at residential, commercial, and office. The project property owner /developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound - attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, stadium, etc.), and railroad, to meet City interior noise standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California - 26 - Building Division PC2011 -015 Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from stadium event noise and train horns such that interior single -event noise levels are below 81 dBA L max. The property owner /developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. 52 To reduce noise and vibration impacts from the Building Division (MM5 -5) impact pile driver, the construction contractor shall evaluate the feasibility of using auger cast piles or a similar system to drill holes to construct cast -in -place piles for a pile - supported transfer slab foundation system. This alternative construction method would reduce the duration necessary for use of the impact pile driver and/or eliminate the need to use pile drivers altogether. Proof of compliance with this measure shall be submitted to the Planning Department in the form of a letter from the construction contractor. 53 Plans shall indicate that all buildings shall have (MM7 -1) fire sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed by the property owner/developer prior to each final Building and Zoning inspection. 54 The property owner /developer shall pay the Public (MM7 -2) Safety Impact Fee, as amended from time to time, for fire facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. 55 For a parking structure, the property (M1147 -4) owner /developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit - 27 - Fire Department Fire Department Police Department PC2011 -015 56 (1VIM7 -9) monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. The property owner /developer shall pay the school Community impact fees as adopted by the Board of Trustees of Development the Anaheim Union High School District and Anaheim City School District in compliance with Planning Division Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). 57 The property owner /developer shall pay the Traffic and (M11/19 -4) appropriate Traffic Signal Assessment Fees, Transportation Traffic Impact and Improvement Fees, and Platinum Triangle Impact Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City - authorized improvements provided by the property owner /developer; and participate in all applicable reimbursement or benefit districts which have been established. 58 Prior to approval of the first building permit the Development (MM9 -5) property owner /developer shall irrevocably offer Services for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan. 59 Prior to the approval of the of a building permit Traffic and (MM9 -10) the property owner /developer shall pay the Transportation identified fair -share responsibility as determined by the City as set forth in Mitigation Measure 9 -9. The City shall allocate the property owners /developers fair -share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. - 28 - PC20 1 1 -015 60 (MM9 -11) 61 (MM10 -7) Prior to approval of the first building permit the property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan, regardless of the level of impacts generated by the project. Landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881). Among the measures to be implemented with the project are the following: • Use of water- conserving landscape plant materials wherever feasible; • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas; • Low -flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self-closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets and urinals; • Low -flow shower heads in hotels; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water - efficient ice machines, dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low -flow sprinkler heads in irrigation system; - 29 - Development Services Resource Efficiency Public Works, Streets and Sanitation Planning Division PC2011 -015 • Use of waterway recirculation systems; • Provide information to the public in conspicuous places regarding water conservation; and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 62 Submitted landscape plans for all residential, (MAUI 10 -12) office and commercial landscaping shall demonstrate the use of drought tolerant plant materials pursuant to the publication entitled "Water Use Efficiency of Landscape Species" by the U.C. Cooperative Extension, August 2000. 63 The property owner /developer shall submit plans Business and (MM 10 -21) showing that each structure will exceed the State Community Energy Efficiency Standards for Nonresidential Programs Buildings (Title 24, Part 6, Article 2, California Code of Regulations) by a minimum of 10 percent and will consult with the City of Anaheim Public Utilities Department Business and Community Programs Division. This consultation shall take place during project design in order to review Title 24 measures that are incorporated into the project design energy efficient practices and allow potential system alternatives such as thermal energy storage air - conditioning, lighting, and building envelope options. Plans submitted for building permits shall show the proposed energy efficiencies and systems alternatives. 64 The property owner /developer shall indicate on Building Division (MM 10 -22) plans energy- saving practices that will be implemented with the project in compliance with Title 24, which may include the following: • High - efficiency air - conditioning with EMS (computer) control. • Variable Air Volume (VAV) air distribution. • Outside air (100 percent) economizer - 30 - Resource Efficiency PC2011 -015 cycle. • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors /separable activity areas. • Specification of premium- efficiency electric motors (i.e., compressor motors. air - handling units, and fan -coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps. • Use of cold cathode fluorescent lamps. • Use of EnergyStar ® exit lighting or exit signage. • Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for spaces or facilities that may require air- conditioning during summer, day -peak periods. • Consideration for participation in Advantage Services Programs such as: o New construction design review, in which the City cost- shares engineering for up to $15,000 for design of energy efficient buildings and systems. o New Construction — Cash incentives $400 per kW or $0.15 per kWh saved for each measure and up to $200,000 per facility for efficiency that exceed Title 24 requirements.. o Green Building Program — Offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. -31 - PC2011 -015 65 (MINI 10 -24) 66 (MM 2 -1) 67 (MM 2 -2) • Use of high efficiency toilets (1.28 gallons per flush [gpfl or less). • Use of zero to low water use urinals (0.0 gpf to 0.25 gpf). • Use of weather -based irrigation controllers for outdoor irrigation. Use of draught - tolerant and native plants in outdoor landscaping. The property owner /developer shall submit plans for review and approval which shall ensure that buildings exceed the State Energy Efficiency Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code) by a minimum of 10 percent. ON -GOING DURING GRADING AND CONSTRUCTION Ongoing during grading and construction, the property owner /developer shall be responsible for requiring contractors to implement the following measures to reduce construction- related emissions; however, the resultant value is expected to remain significant. a) The contractor shall ensure that all construction equipment is being properly serviced and maintained in accordance with the manufacturer's recommendations to reduce operational emissions. b) The contractor shall use Tier 3 or higher, as identified by the United States Environmental Protection Agency, off -road construction equipment with higher air pollutant emissions standards for equipment greater than 50 horsepower, based on manufacturer's availability. c) The contractor shall utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary diesel - power generators, where feasible. Ongoing during grading and construction, the property owner /developer shall implement the following measures in addition to the existing requirements for fugitive dust control under South - 32 - Business and Community Programs South Coast Air Quality Management District Public Works, Development Services Planning Division Building Division South Coast Air Quality Management District PC2011 -015 Coast Air Quality Management District Rule 403 to further reduce PM10 and PM2.5 emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: a) During all grading activities, the property owner /developer's construction contractor shall re- establish ground cover on the construction site through seeding and watering as quickly as possible to achieve a minimum control efficiency for PM of 5 percent. b) During all grading activities, the property owner /developer's construction contractor shall apply chemical soil stabilizers Pave to on -site haul roads to achieve a control efficiency for PM of 85 percent compared to travel on unpaved, untreated roads. c) The property owner /developer's construction contractor shall phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. d) The property owner /developer's construction contractor shall schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. e) During all construction activities, the property owner /developer's construction contractor shall sweep streets with Rule 1186 compliant PM10 efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. f) During active demolition and debris removal and grading, the property owner /developer's construction contractor shall suspend demolition and grading operations when wind speeds exceed 25 miles per hour to achieve an emissions control efficiency for PM10 under worst - case wind conditions of 98 percent. - 33 - Public Works Development Services Planning Division Building Division PC2011 -015 68 (M1145 -7) j) g) During all construction activities, the property owner /developer's construction contractor shall maintain a minimum 12- inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means to achieve a control efficiency for PM of 91 percent. h) During all construction activities, the property owner /developer's construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site to achieve an emissions reduction control efficiency for PM of 61 percent. i) During active demolition and debris removal, the property owner /developer's construction contractor shall apply water to disturbed soils at the end of each day to achieve an emission control efficiency for PM of 10 percent. During scraper unloading and loading, the property owner /developer's construction contractor shall ensure that actively disturbed areas maintain a minimum soil moisture content of 12 percent by use of a moveable sprinkler system or water truck to achieve a control efficiency for PM of 69 percent. k) During all construction activities, the property owner /developer's construction contractor shall limit on -site vehicle speeds on unpaved roads to no more than 15 miles per hour to achieve a control efficiency for PM of 57 percent. Ongoing during grading, demolition, and construction, the property owner /developer shall be responsible for requiring contractors to implement the following measures to limit construction- related noise: a) Noise generated by construction, shall be limited by the property owner /developer to 60 dBA along the property boundaries, - 34 - Planning Division Building Division Public Works, Development Services PC2011 -0 1 5 69 (MM5 -S) 70 (MM5 -9) 71 (MM5 -10) 72 (MM10 -2) 73 (MM10 -5) before 7:00 AM and after 7:00 PM, as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10:00 AM to 4:00 PM. All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems. Ongoing during construction activities, the property owner /developer shall be responsible for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. Ongoing during construction activities, the property owner /developer shall be responsible for requiring project contractors to locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from occupied noise - sensitive receptors as is feasible. Ongoing during construction activities, material delivery, soil haul trucks, and equipment servicing shall also be restricted to the hours set forth in the City of Anaheim Municipal Code, Section 6.70. Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and /or are making other improvements, the City and/or property owner /developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where OCSD will be upsizing trunk lines and/or are making other improvements, the City and/or property owner shall coordinate with OCSD - 35 - Building Division Building Division Building Division Public Works, Development Services Public Works, Streets and Sanitation Orange County Sanitation District PC2011 -015 to ensure that backflow prevention devices are installed by OCSD at the lateral connections to prevent surcharge flow from entering private properties. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 74 In accordance with the tinning required by the Traffic and (MINI 2 -5) Traffic and Transportation Manager, but no later Transportation than prior to the first final Building and Zoning inspection, the property owner /developer shall implement the following measures to reduce long- term operational CO, NOx, ROG, and PMIo emissions: • Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 and Master Plan of Arterial Highways (MPAH) shall be implemented as required by the Traffic and Transportation Manager. The property owner /contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at Iocations along any site frontage routes as needed. The property owner /developer shall submit 75 evidence to the satisfaction of the Planning (MM 5 -3) Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during a stadium event will be provided to all future tenants in the Stadium District. 76 The property owner /developer shall submit (MM 5 -4) evidence to the satisfaction of the Planning Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during sounding of train horns will be provided to all future tenants facing an at -grade crossing of the Orange County Line. 77 The property owner /developer shall submit project Public Works, Streets (MM10 -18) plans to the Streets and Sanitation Division of the and Sanitation Public Works Department for review and approval to ensure that the plans comply with AB939, and - 36 - Building Division Building Division PC2011 -015 GENERAL 78 (MAI 3- the Solid Waste Reduction Act of 1989, and the County of Orange and City of Anaheim Integrated Waste Management Plans as administered by the City of Anaheim. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on- site recycling facilities. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City or governing agency. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on -site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick -up. Ensuring hazardous materials disposal complies with federal, state, and city regulations. At least 90 days prior to the initiation of grading activities, for projects greater than one acre, coverage for the project must be obtained by electronically submitting permit registration documents to the State or obtaining coverage via current general construction permit prescribed method by the property owner /developer pursuant to State and Federal National Pollution Discharge Elimination System (NPDES) requirements. As part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner /developer shall also prepare and - 37 - Building Division Public Works, Development S ervices PC2011 -015 79 (MM5 -1) 80 (MM7-6) 81 (MM7 -8) 82 (MM8 -1) submit to the Development Services Division of the Public Works Department, a Water Quality Management Plan (WQMP) in accordance with the City's municipal NPDES requirements and Chapter 7 of the Orange County Drainage Area Management Plan. The WQMP must be approved prior to issuance of grading permit. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short - term) within the Project Area as well as BMPs for long- term operation of the Project Area that address potential impacts to surface waters. Prior to approval of street improvement plans for any project - related roadway widening, the City shall retain a qualified acoustic engineer to design project acoustical features that will limit traffic noise at noise sensitive uses to levels that are below the City's noise ordinance. These treatments shall be noted on the street improvement plans to the satisfaction of the Planning Department and may include, but are not limited to, the replacement of windows and doors at existing residences with acoustically rated windows and doors. Ongoing during project operation, if the Anaheim Police Department of Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner /developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services Ongoing, the -City of Anaheim will work cooperatively with school districts to identify opportunities for school facilities in the Platinum Triangle. Ongoing during project implementation, the City shall continue to seek property acquisition opportunities for parkland in and adjacent to the project area. - Public Works, Development Services Building Division Police Traffic Management Redevelopment Planning Division Redevelopment Planning Division Community Services PC2011 -015 83 (MM8 -2) 84 (MM$ -3) 85 (MM10 -4) 86 (MM10 -11) 87 (MM10 -19) Ongoing during project implementation, the City shall continue to work with developers to seek alternative means of providing recreational amenities. Ongoing during project implementation, the City shall continue fostering partnerships with other public entities and private organizations to seek alternative means of providing various types of recreational opportunities. Prior to approval of sanitary sewer connections for each development project, the property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer spill for below -grade structures of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when they are above the pipe crown. Ongoing, the City shall continue to collaborate with the Metropolitan Water District of Southern California, its member agencies, and Orange County Water District to ensure that available water supplies meet anticipated demand. If it is forecast that water demand exceeds available supplies, the staff shall recommend to City Council to City shall trigger application of the Water Conservation Ordinance, Municipal Code Section 10.18, as prescribed, to require mandatory conservation measures as authorized by Section 10.18.070 through 10.18.090, as appropriate. Ongoing during project operations, the following practices shall be implemented, as feasible, by the property owner /developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials, such as aluminum - 39 - Redevelopment Planning Division Redevelopment Planning Division Public Works, Development Services Public Works Streets and Sanitation Water Engineering Public Works, Streets and Sanitation PC2011 -015 88 (MM10 -27) and cardboard. • Collection of office paper for recycling. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. The City shall coordinate all future street and infrastructure improvements within the Platinum Triangle with other service providers, including Southern California Gas Company and the Orange County Sanitation District so that required infrastructure upgrades maybe constructed concurrently. 89 A parking management plan shall be submitted for review and approval by the City Engineer prior to the project receiving a certificate of occupancy 90 The Planning Director has the authority to grant the modification of the timing of any of the conditions of approval, provided said modification does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modification shall be in writing and shall clearly identify the reason for the modification. Appeal of such decision shall be provided pursuant to Section 18.60.135 (Appeals — Planning Director Decisions) of the Anaheim Municipal Code." 91 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7 and as conditioned herein. - 40 - Electrical Engineering Southern California Gas Orange County Sanitation District Public Works, Traffic and Transportation Division Planning Division Planning Division PC2011 -015