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PC 2011/03/14City of Anaheim Planning Commission Agenda Monday, March 14, 2011 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California Chairman: Stephen Faessel Chairman Pro-Tempore: Peter Agarwal Commissioners: Todd Ament, Joseph Karaki, Harry Persaud Victoria Ramirez, John Seymour Call To Order -5:00 p.m. Pledge Of Allegiance Public Comments Consent Calendar Public Hearing Items Commission Updates Discussion Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planningon Thursday, March 10, 2011, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following planningcommission@anaheim.net e-mail address: H:\TOOLS\PC Admin\PC Agendas\(031411).doc AnaheimPlanning Commission Agenda -5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff,or the public request the item to be discussed and/orremoved from the Consent Calendar for separate action. Minutes ITEM NO. 1A Motion Receiving and approving the Minutes from the Planning November 8, 2010 Commission Meeting of.These minutes have been provided to the Planning Commission and are available forreview at the Planning Department. ITEM NO. 1B Motion Receiving and approving the Minutes from the Planning November 22, 2010 Commission Meeting of . These minutes have been provided to the Planning Commission and are available for review at the Planning Department. ITEM NO. 1C Motion Receiving and approving the Minutes from the Planning December 6, 2010 Commission Meeting of . These minutes have been provided to the Planning Commission and are available for review at the Planning Department. ITEM NO. 1D Motion Receiving and approving the Minutes from the Planning December 20, 2010 Commission Meeting of . These minutes have been provided to the Planning Commission and are available for review at the Planning Department. 03/14/11 Page 2of 8 Public Hearina Items ITEM NO. 2 TENTATIVE PARCEL MAP NO. 2010 -152 Request for continuance (DEV2010- 00188) to March 28, 2011 Owner/ Applicant: City of Anaheim Redevelopment Agency 201 S. Anaheim Blvd. Anaheim, CA 92805 Location: 200 — 300 North Beach Boulevard Project Planner: The applicant proposes to establish an 11 -lot commercial David See subdivision to permit the construction of a future shopping dsee(olanaheim.net center. Environmental Determination: A previously- certified Final Environmental Impact Report (EIR) for the West Anaheim Commercial Corridors Redevelopment Project Area, including an Addendum and its technical appendices, will serve as the required environmental documentation for the proposed project actions. Continued from the February 28, 2011 Planning Commission meeting. 03/14/11 Page 3 of 8 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2010 -05528 Resolution No. _ VARIANCE NO. 2011 -04846 (DEV2010- 00157) Owner: Tom Stull Aspen Properties 2951 East La Palma Avenue Anaheim, CA 92806 Applicant: Michael Marek QPE Technical Institute 1557 North Gemini Place Anaheim, CA 92801 Location: 1557 North Gemini Place The applicant proposes to retain an existing vocational Project Planner: training school in the industrial zone with less parking than Della Herrick required by code. dherrick(a net Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). 03/14/11 Page 4 of 8 ITEM NO. 4 ZONING CODE AMENDMENT NO. 2011 -00098 MISCELLANEOUS CASE NO. 2011 -00493 DEVELOPMENT AGREEMENT NO. 2010 -00004 (DEV2010- 00161) (TERMINATING DEVELOPMENT AGREEMENT NOS. 2005 -00002 AND 2005 - 00003) Owner/ BRE Properties Applicant: Robert Linder 5141 California Avenue, Suite 250 Irvine, CA 92617 Location: 1781 South Campton Avenue and 1551 East Wright Circle The applicant proposes amendments to Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) of Title 18 of the Anaheim Municipal Code and the Platinum Triangle Master Land Use Plan to allow diagonal parking on Connector Streets, subject to the review and approval of the City Engineer; a development agreement between the City of Anaheim and BRE Properties addressing the development of two lots containing two 4 -story buildings with a total of 400 residential units, subterranean and surface parking and recreational amenities; and, termination of Development Agreements 2005 -00002 and 2005 - 00003. Environmental Determination: CEQA Previously Certified Environmental Impact Report No. 339, Previously Approved Mitigated Negative Declaration and Mitigation Monitoring Plan No. 302. Resolution No. Resolution No. Project Planner: Vanessa Norwood vnorwood(d)anaheim. net Adjourn to Monday, March 28, 2011 at 5:00 p.m. 03/14/11 Page 5 of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30p.m.March 9, 2011_ (TIME)(DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE ANDCOUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits,Variances,Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION 03/14/11 Page 6of 8 The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to all members of the public.The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available inappropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 03/14/11 Page 7of 8 S C H E D U L E 2011 March 28 April 11 April 25 May 9 May 23 June 6 June 20 July 6 (Wed) July 18 August 1 August 15 August 29 September 12 September 26 October 10 October 24 November 7 November 21 December 5 December 19 03/14/11 Page 8of 8 ûèèûùôï÷îèîí úç÷îûìûêñùóèãðóïóèé ùõ ûîûô÷óïùóèãðóïóèé ú÷éèæûðç÷óîî éçóè÷é ùõ æûùûîè ùõ æûùûîè ùõ êï æûùûîè æûùûîè ùõ æûùûîè êï ø÷æ ùõ ùõ æûùûîè æûùûîè æûùûîè ùõ æûùûîè êï æûùûîè ùõ æûùûîè êï êóùôïíîèé ûìûêèï÷îèé êï øç ûìûêèï÷îèé øç ùõ é÷êæóù÷ éèûèóíî ùõ û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìîÉ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ¦ îÍÊÈÔú×ÛÙÔúÍÇÐ×ÆÛÊØ ûèèûùôï÷îèîí úç÷îûìûêñùóèãðóïóèé ûîûô÷óïùóèãðóïóèé û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìîÉ éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ ¦ îÍÊÈÔú×ÛÙÔúÍÇÐ×ÆÛÊØ ßÌÌßÝØÓÛÒÌ ÒÑò î City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí ó íööóù÷é ó ó ûñçû óé÷ðöéèíêûõ÷ ó ïíèíê öûùóðóèã íööóù÷é óîøçéèêóûð óîî ó íööóù÷é ó ó óîøçéèêóûð ó óó óîøçéèêóûð óîøçéèêóûð óîøçéèêóûðóîøçéèêóûð ó ø÷æ ó ó óîøçéèêóûð óîøçéèêóûð óîøçéèêóûð ó óîøçéèêóûð ó ó óîøçéèêóûð óóîøçéèêóûð óîøçéèêóûð ó ó óîøçéèêóûðó óîøçéèêóûð óîøçéèêóûð ó æûùûîè ó ó û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔõ×ÏÓÎÓìÐÛÙ× ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ îÍÊÈÔõ×ÏÓÎÓìÐÛÙ× [DRAFT]ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05528 AND VARIANCE NO. 2011-04846 (DEV2010-00157) (1557 NORTH GEMINI PLACE) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05528and Variance No. 2010-04846to retain an existing vocationaltraining facilitywithin an existing industrial building with fewer parking spaces than allowed by code for certain real property in the City of Anaheim, County of Orange, State of California shown on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, this 1.97 acre property is developed with a7,200 square foot industrial building. The property is located in the Industrial (I)zone and the Anaheim General Plan designates the property for Industrialland uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch 14, 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 proposed conditional use permit and variance to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearingwith respect to the requesta vocational trainingfacilitywith fewer parking spaces than allowed by code should be approved for the following reasons: 1.The proposed the conditional use permit requestto retain a vocational training facilitywithin an existing industrial building is properly one for which a conditional use permit is authorized under Code Section Nos. 18.10.030.0402(Educational Institutions)of the Anaheim Municipal Code. 2.The proposed the conditional use permit to retainavocational trainingfacility within an existing industrial building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by andintegrated with similar buildingsandindustrial uses;and,the vocational training facilityis located within an existing industrial buildingwithno adverse affects to adjoining land uses. -1-PC2011-*** 3.The size and shape of the site for the use is adequate to allow the full development of the vocational facilityin a manner not detrimental to the particular area or to the health and safetybecause thefacilityis located within the an existingindustrial building. 4.The traffic generated by the vocational facilitywill not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of trafficon the surrounding streets. 5.The granting of the conditional use permit and variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with an industrial training facility should be approved for the following reasons: SECTION NO. 18.42.040.010Minimum number of parking spaces. (25 spaces required; 17 spaces proposed). 1.The variance, under the conditions imposed will not cause fewer off-street parking spaces to be provided for the vocational training facilitythan the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of the training facilitybecause the facility has been operating at the site for 22 years and has not adversely affected neighboring properties during that time. 2.The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking for the vocational training facilityhas adequately accommodatedthe peak parking demands of thesite. 3.The variance will not increase traffic congestion within the off-street parking areas provided for vocational training facilitysince all parking is contained on-site and will not encroach into other parking facilities and the supply of parking is adequate for the vocational training facility. Further, the project does not propose new ingress or egress points and is designed to allow adequate on-site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the vocational training facility. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. -2-PC2011-*** NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approveConditional Use Permit No. 2010-05528and Variance No. 2011-04846and subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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 Anaheim Municipal Code and(iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments,modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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 partthereof, 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 thisapplication constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofMarch 14, 2011. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3-PC2011-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 heldonMarch 14, 2011,by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 14day ofMarch, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-PC2011-*** -5-PC2011-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05528 ANDVARIANCE NO. 2011-04846 (DEV2010-00157) REVIEW SIGNED NO.CONDITIONS OF APPROVALBYOFF BY GENERAL CONDITIONS 1This facility shall be used for industrial vocational training Planning purposesonly.The maximum number of students on site at any given time shall not exceed 20 persons. Any future increase in enrollment shall be subject to review and approval by Planning Department staff and contingent upon demonstration that an adequate number of parking spaces is being provided. 2The hours of operation for real estate training facilityCode classroomshall be consistent with the letter of operation on Enforcement file with the City of Anaheim Planning Department. Any change in the hours of operation shall be subject to review and approval by Planning Department staff to determine substantial conformance with the letter of operation and compatibility with the surrounding uses. No required parkingarea shall be fenced or otherwise 3Code enclosed for outdoor storage. Enforcement 4No outdoor activities involving gathering of persons shall be Code permitted on-site.Enforcement 5The applicantshall be responsible for maintaining the area Code adjacent to the premises over which they have control, in an Enforcement orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or onany adjacent area under the control of the licensee shall be removed or painted over within two business days of being applied. 6Theproperty shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the applicantand which plans are on file with the Planning Department marked Exhibit No.1 (Site Plan), Exhibit No. 2 (Floor Plan), and as conditioned herein. -6-PC2011-*** ßÌÌßÝØÓÛÒÌ ÒÑò í ßÌÌßÝØÓÛÒÌ ÒÑò ì City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ûèèûùôï÷îèîí ó óîøçéèêóûð ó ó óîøçéèêóûð é÷ðöéèíêûõ÷ öûùóðóèã ó óîøçéèêóûð óìèïç ø÷æ ó çîø÷ê óîøçéèêóûð óìèïç ùíîéèêçùèóíî óîøçéèêóûð óìèïç óîøçéèêóûð óìèïç óìèïç óîøçéèêóûð çîø÷ê ùíîéèê óìèïç óîøçéèêóûð óìèïç çîø÷ê ùíîéèêçùèóíî óìèïç óîøçéèêóûð óìèïç óìèïç óìèïç óìèïç ìûêñ ø÷æ çîø÷ê éèûøóçïðíöèé æóêóøóûîûìèé çîø÷ê ùíîéèêçùèóíî ùíîéèêçùèóíî óìèïç óìèïç çîø÷ê úûîñ ùíîéèêçùèóíî óìèïç óìèïç çîø÷ê é÷êæóù÷éèûèóíî óìèïç óìèïç ùíîéèêçùèóíî çîø÷ê çîø÷ê ùíîéèêçùèóíî ùíîéèêçùèóíî óìèïç óìèïç çîø÷ê çîø÷ê ùíîéèêçùèóíî ùíîéèêçùèóíî û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔùÛÏÌÈÍÎûÆ×ÎÇ×ÛÎØ÷ÛÉÈåÊÓÕÔÈùÓÊÙÐ× ûèèûùôï÷îèîí û×ÊÓÛÐìÔÍÈÍ ïÛÃ ûìî éÇÚÒ×ÙÈìÊÍÌ×ÊÈÃ ø÷æ éÍÇÈÔùÛÏÌÈÍÎûÆ×ÎÇ×ÛÎØ÷ÛÉÈåÊÓÕÔÈùÓÊÙÐ× [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM PLANNINGCOMMISSION DETERMINING THE PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 339,PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATIONAND MITIGATION MONITORING PLAN NO. 302SERVESAS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENTNO. 2010-00004BY AND BETWEEN THE CITY OF ANAHEIM ANDBRE 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; and 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 ("FEIR 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 on the north ("The Platinum Triangle"); and -1- PC2011-*** 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 Planand setting forth the new vision for The Platinum Triangleand Resolution No. 2004-179 approving the form of thePlatinum Triangle StandardizedDevelopment 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 AgreementNo. 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. 2005-00002providedfor the development of a multiple-family residential project consisting of 196 residential units;and WHEREAS, subsequent to the recordation of Development AgreementNo. 2005- 00003, the fee title interest in the project was sold, transferred, conveyed or assigned to BRE Properties, Inc.Development Agreement No. 2005-00003providedfor 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 OverlayZone 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-*** 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 buildingsand vest certain project entitlements and address the implementation of thePark ViridianProject;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-*** 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 14.6acres of real property in theCity of Anaheim, commonly known as 1781 South Campton Avenue and 1551 East Wright Circle, as more particularly shown onExhibit"A",attached hereto and incorporated herein by this reference, which is located in The Platinum Triangle and within the Mixed Use OverlayZone and the Katella District of the PTMU OverlayZone; 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 ViridianProject"; WHEREAS, on March 8,2011,the Planning Director approved Final Site Plan No. 2011-00002to provide for the development of the Park Viridian Project, contingentupon the approval of Development Agreement No. 2010-00004,Zoning Code Amendment No. 2011- 00098,and Miscellaneous Case No. 2011-00493; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim onMarch 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 Agreementand 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 ofthe 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 andobjectives as set forth in the General Plan. 2.The Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoningdistrict 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-*** 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 QUALITY 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 analysesof previously-certified FSEIR No. 339,the previously- approved Mitigated Negative Declarationprepared 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 requiredenvironmental documentation for said Development Agreement and satisfyall 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 thatthe City Council approveDevelopment AgreementNo. 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-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting ofMarch 14, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions -General” of the Anaheim Municipal Codepertaining to appeal procedures. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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, 2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this 14day ofMarch 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2011-*** EXHIBIT "A" (Legal Description of the Property) 1781 SOUTHCAMPTON AVENUE: 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. 1551EAST WRIGHT CIRCLE: LOT 3OF 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-*** EXHIBIT“B” DEVELOPMENT AGREEMENT NO. 2010-00004 (DEV2010-00161) NOTE: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. SIGNED NO.CONDITIONS OF APPROVALREVIEW BY OFF BY PRIOR TO APPROVAL OF A FINAL SITE PLAN 1Where adjacent uses are deemed to be shadow Planning Division (e.g., (MM1-1)sensitive residential, recreational, and pedestrian areas), the propertyowner/developer for Building Division future development projects shall demonstrate that the Proposed Projectwould 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. 2Ifnew vibration-sensitive land uses are located in Planning Division (MM5-6)close proximity to the Orange County Line, the project applicant shall retain an acoustical engineer Building Division 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. 3The property owner/developer shall submit plans Police Department (MM7-3)to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including implementation of Ordinance 6016 and the concept of crime prevention through environmental design -8- PC2011-*** (i.e., building design,circulation, site planning and lighting of parking structure and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. The 4property owner/developer shall submit design Police Department (MM7-5)plans that shall include parking lots and parking structures with controlledaccess 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. 5The property owner/developer shall meet with the Traffic and (MM9-15)Traffic and Transportation Manager to determine Transportation whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is Orange County required, it shall be placed in a location that least Transportation impacts traffic flow and may be designed as a busAuthority (OCTA) turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). 6Prior to final design approval, additional analysis Public Works, Streets (MM 10-6)shall be performed and provided for each individual and Sanitation 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 7Prior to approval of each grading plan (for Planning Division (MMI-1)Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the Traffic and property owner/developer shall submit Demolition Transportation detailing construction and Import/Export Plans and demolition (C&D) recycling and waste reduction measures to be implemented to recover C&D materials. These plans shall -9- PC2011-*** 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. 8The property owner/developer shall submit plans Development (MM3-1)documenting that the design of all aboveground Services 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 floodproofed to prevent damage to property or harm to people. 9The City Engineer shall review the location of Development (MM10-1)each project to determine if it is located within an Services area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and Prior to approval of a City Attorney’s Office. final subdivision map or issuance of a grading or building permitfor each development project, whichever occursfirst, 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 -10- PC2011-*** 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. 10Prior 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 contactOrange 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. 11Prior 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 installationof a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) 12Prior 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. 13Ongoing, the City shall continue to collaborate Water Engineering (MM10-11)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. 14Prior to issuance of a building permit or grading Resource Efficiency -11- PC2011-*** (MM10-13)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. 15Prior to issuance of a building permit or grading Water Engineering (MM10-14)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. 16Prior to issuance of a building permit, the property Water Engineering 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. 17Prior to issuance of a building permit, the property Water Engineering owner/developer shall pay his project’s proportionate share of the cost to prepare the -12- PC2011-*** Water Supply Assessment for the Platinum Triangle SEIR No. 339. 18Prior 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. 19Prior 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. 20Ongoing during businessoperations and in Water Engineering accordance with the Development Requirements and Maintenance Obligations, OWNER shall be responsible for restoring any special surface improvements other than asphalt paving within the right-of-way, City water easements, Public Utility easements, private roads, alleys and driveways, including but not limited to colored concrete, stamped concrete, bricks, pavers, concrete, walls, or landscaping that becomes damaged during any excavation, repair or replacement of any City water facility. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R’s for the -13- PC2011-*** project. 21Prior to approval of a final subdivision map or Development (MM10-17)issuance of a grading or building permit, Services whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create adeficiency 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 theProject Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 22Prior to the approval of each grading plan (for Public Works, Streets (MM10-20)import/export plan) and prior to issuance of and Sanitation demolition permits (for demolition plans), the property owner/developer shall submit a Traffic and Demolition and Import/ Export Plans, if Transportation 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- PC2011-*** 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. 23The underground electrical distribution systems Electrical (MM10-23)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 substructureswill 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. 24Cable 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. 25If 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-*** Public Utilities Department -Electrical Engineering Division. 26That 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, Electrical 27plans shall indicate that above-ground utility Engineering (MM10-25)devices are located on private property in a pre- approvedlocation 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 28for each Final Site Plan, the property Engineering (MM10-25)owner/developershall 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- PC2011-*** Transmittal. 29That 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. 30That prior to the first final building and zoning Electrical (MM10-25)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. 31That prior to the first finalbuilding and zoning Electrical (MM10-25)inspection for each Final Site Plan, the OWNER Engineering 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 allelectrical 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. 32Prior to approval of permits for improvement Electrical (MM10-25)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- PC2011-*** 33Should 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. 34The 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. 35Prior 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. 36The 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.) 37Plans submitted for building permits shall include Electrical -18- PC2011-*** (MM10-26)written notes demonstrating compliance with Engineering energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. 38Prior to issuance of each building permit, the (MM10-26)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.Consultationwith 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 39Applicants for new residential developments in the Planning Division (MM2-7)Platinum Triangle Master Land Use Plan within South Coast Air 500 feet of Interstate 5 (I-5) or State Route 57 Quality Management (SR-57) shall be required to install high efficiency District 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- PC2011-*** 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 shallprovide notification to all affected tenants/residents of the potential health risk from I-5/SR-57 for all affected units. b)For rental units within 500 feet of the I- 5/SR-57, the owner/property manager shall maintain and replace MERV 14 filters in accordance with the manufacturer’s recommendations. The property owner shall inform renters of increased risk of exposure to diesel particulates from I-5 or SR-57 when windows are open. c)For residential owned units within 500 feet of I-5/SR-57, the homeowner’s association (HOA) shall incorporate requirements for long-term maintenance in the Covenant, Conditions, and Restrictions and inform homeowners of their responsibility to maintain the MERV 14 filter in accordance with the manufacturer’s recommendations. The HOA shall inform homeowners of increased risk of exposure to diesel particulates from I-5/SR-57 when windows are open. 40Based on the recommended buffer distances of the Planning Division (MM2-8)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-*** transport refrigeration unit operations exceed 300 hours per week. 1,000feet 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. 41All outdoor active-use public recreational areas Planning Division (MM2-9)associated with development projects shall be located more than 500 feet from the nearest lane of Field Engineering traffic on Interstate 5 and State Route 57.Public Works 42For projects located within 1,000 feet of an South Coast Air (MM2-10)industrial facility that emits substantial odors, Quality Management which includes but is not limited to:District wastewater treatment plants Planning Division 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, -21- PC2011-*** but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential 43Prior to approval of the first Development Community (MM7-10)Agreement with residential units within the Development Platinum Triangle following certification of SEIR Department No. 339, an update to the library facilities fee programincluded in the Standardized Planning Division Development Agreement shall be submitted to the City Council for review and consideration to reflect the Proposed Project intensities. 44Prior to approval of a Development Agreement for Traffic and (MM9-6)any project forecast to generate 100 or more peak Transportation 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, -22- PC2011-*** unless alternative funding sources have been identified. 45In 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. 46In 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. -23- PC2011-*** c)The Proposed Project shall pay the City of Anaheim the fair-share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair-share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. d)The City shall work with the City of Orange to amend the JCFA to ensure the fair share fees collected to mitigate arterial and intersection impacts in the City of Orange are mitigated to the extent feasible. 47In conjunction with the preparation of any traffic Traffic and (MM9-9)improvement phasing analyses as required in Transportation Mitigation Measure 9-6, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners/developers and the City will take the following actions in cooperation with Caltrans: 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. 48Subsequent to the certification of the FEIR, and Traffic and (MM9-12)prior to the approval of the first Development Transportation Agreement, if the costs of the identified -24- PC2011-*** improvements in this traffic study cannot be 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 BUILDINGPERMIT 49The 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 This Management District’s regulations. 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. 50The 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 -25- PC2011-*** suppliers can be found at the following website: http://eetd.lbl.gov/CoolRoofs/ or other similar websites. b)Cool pavement materials such as lighter- colored pavement materials, porous materials, or permeable or porous pavement, for all roadways and walkways not within the public right-of-way, to minimize the absorption of solar heat and subsequent transfer of heat to its surrounding environment. Examples of cool pavement materials are available at: http://www.epa.gov/heatisld/ images/extra/level3_pavingproducts.html or other similar websites. c)Energy saving devices that achieve the existing 2008 Building and Energy Efficiency Standards, such as use of energy efficient appliances (e.g., EnergyStar® appliances) and use of sunlight-filtering window coatings or double-paned windows. d)Electrical vehicle charging stations for all commercial structures encompassing over 50,000 square-feet. e)Shady trees strategically located within close proximity to the building structure to reduce heat load and resulting energy usage at residential, commercial, and office. 51The project property owner/developers shall Building Division (MM5-2)submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound- attenuated against present and projected noise , levels, including roadway, aircraft, helicopter stationary sources (e.g., industrial, commercial, stadium, etc.), and railroad, to meet City interior as follows: noise standards The a)report shall demonstrate that the proposed residential design will resultin compliance with the 45 dBA CNEL interior -26- PC2011-*** noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b)The report shall demonstrate that the Proposed Projectresidential design shall minimize nighttime awakening from stadium event noise and train horns such levels are that interior single-event noise below 81 dBA L. max The property /developer shall submit the owner 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. 52To 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. 53Plans shall indicate that all buildings shall have Fire Department (MM7-1)fire sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed by the property owner/developer prior to each final Building and Zoninginspection. 54The property owner/developer shall pay the Public Fire Department (MM7-2)Safety Impact Fee, as amended from time to time, for fire facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. 55For a parking structure, the property Police Department (MM7-4)owner/developer shall submit plans to the Anaheim Police Department for review and -27- PC2011-*** approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as maybe approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. 56The property owner/developer shall pay the school Community (MM7-9)impact fees as adopted by the Board of Trustees of Development the Anaheim Union High School District and Anaheim City School District in compliance with Planning Division Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). 57The property owner/developer shall pay theTraffic and appropriate (MM9-4)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. 58Prior to approval of the first building permitDevelopment (MM9-5)the property owner/developer shall irrevocably Services offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)- adjacent to their property of-way as shown in the Circulation Element of the Anaheim General andconsistent with the adopted Platinum Plan Triangle Master Land Use Plan. 59Prior to the approval of the of a building permitTraffic 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- PC2011-*** 60Prior to approval of the first building permit the Development (MM9-11)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, regardless of the level of impacts generated by the project. 61Landscape plans shall demonstrate compliance Resource Efficiency (MM10-7)with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in Development compliance with the State of California Model Services ) 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 systemssuch 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- PC2011-*** 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 ofthese measures have been incorporated into the plans. 62Submitted landscape plans for all residential, Resource Efficiency (MM10-12)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. 63The property owner/developer shall submit plans Business and (MM10-21)showing that each structure will exceed theState 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 Department Business and Community Utilities Programs. DivisionThis consultation shall take place during project design in orderto reviewTitle d 24 measures that are incorporateinto the project design energy efficient practices and allow potential system alternatives such as thermal lighting, energy storage air-conditioning, and building envelope options. Plans submitted for building permits shall show the proposed energy efficiencies and systems alternatives. 64The property owner/developer shallindicate on (MM10-22)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- PC2011-*** 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 applicationsof standard fluorescent fixtures are identified. Use of lighting power controllers in association with metal-halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. Consideration of thermal energy storage air conditioning for spaces or facilities that may require air-conditioning during summer, day-peak periods. Consideration for participation in Advantage Services Programs such as: New construction design review, in o which the City cost-shares engineering for up to $15,000 for design of energy efficient buildings and systems. New Construction –Cash o 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.. Green Building Program –Offers o accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. -31- PC2011-*** Use of high efficiency toilets (1.28 gallons per flush [gpf] or less). Use of zero to low water use urinals (0.0 gpf to 0.25 gpf). Use of weather-based irrigation controllers for outdoor irrigation. Use of draught-tolerant and native plants in outdoor landscaping. 65The property owner/developer shall submit plans Business and (MM10-24)for review and approval which shall ensure that Community buildings exceedthe State Energy Efficiency Programs Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code) by aminimum of 10 percent. ON-GOING DURING GRADING AND CONSTRUCTION 66Ongoing during grading and construction, the South Coast Air (MM2-1)property owner/developer shall be responsible for Quality Management requiring contractors to implementthe following District measures to reduce construction-related emissions; however, the resultant value is expected to remain Public Works significant.Department a)Thecontractor shall ensure that all Planning Division construction equipment is being properly in accordance serviced and maintained with the manufacturer’s recommendations to reduce operational emissions. The Tier 3 or higher, b)contractor shall use 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 diesel- generators rather than temporary powergenerators, where feasible. 67Ongoing during grading and construction, theSouth Coast Air (MM2-2)property owner/developer shall implement the Quality Management -32- PC2011-*** in addition to the existing following measures District requirements for fugitive dust control under South Coast Air Quality Management District Public Works Rule 403 to furtherand PM reducePMDepartment 2.5 10 . To assure compliance,the City shall emissions verify compliance that these measures have Building Division 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 PMof 5 10 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 PMof 85 percent 10 compared to travel on unpaved, untreated roads. c)The property owner/developer’s construction contractor shall phase grading toprevent 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 PMefficient vacuum 10 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 -33- PC2011-*** miles per hour to achieve an emissions control efficiency for PMunder worst- 10 case wind conditions of 98 percent. g)During all construction activities, the property owner/developer’s construction contractor shall maintain a minimum 12- inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means to achieve a control efficiency for PMof 91 percent. 10 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 PMof 61 percent. 10 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 PMof 10 percent. 10 j)During scraper unloading and loading, the property owner/developer’s construction contractor shall ensure that actively disturbed areas maintain aminimum soil moisture content of 12 percent by use of a moveable sprinkler system or water truck to achieve a control efficiency for PMof 10 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 PMof 57 percent. 10 68Ongoing during grading, demolition, and Planning Division (MM5-7)construction, the property owner/developer shall Development be responsible for requiring contractors to Services implement the following measures to limit construction-related noise: -34- PC2011-*** a)Noise generated by construction, shall be limited by the property owner/developer to 60 dBA along the property boundaries, before 7:00 AM and after 7:00 PM, as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b)Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10:00 AM to 4:00 PM. All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems. 69Ongoing during construction activities, the Building Division (MM5-8)property owner/developer shall be responsible for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. 70Ongoing during construction activities, the Building Division (MM5-9)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. 71Ongoing during construction activities, material Building Division (MM5-10)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. 72Prior to the approval and ongoing during Development (MM10-2)construction of any street improvement plans Services within the Platinum Triangle, which encompass area(s) where Orange County Sanitation District () OCSDwill 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. 73Prior to the approval and ongoing during Public Works, Streets (MM10-5)construction of any street improvement plans and Sanitation within the Platinum Triangle, which encompass -35- PC2011-*** area(s) where OCSD will be upsizing trunk lines Orange and/or are making other improvements, the City County Sanitation and/or property owner shall coordinate with OCSD District 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 74In accordance with the timing required by the Traffic and (MM2-5)Traffic and Transportation Manager, but no later Transportation than prior to the first final Building and Zoning inspection, the property owner/developer shall implementthe following measures to reduce long- term operational CO, NO, ROG, and PM X10 emissions: Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 Master and Plan of Arterial Highways() MPAHshall be implemented as required by the Traffic and Transportation Manager. The property owner/contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. The property owner/developer shall submit Building Division 75evidence to the satisfaction of the Planning (MM5-3)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 . 76The property owner/developer shall submit Building Division (MM5-4)evidence tothe 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. 77The property owner/developer shall submit project Public Works, Streets -36- PC2011-*** (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 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 asmay 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. GENERAL 78At least 90 days prior to the initiation of grading Development (MM 3-2)activities, for projects greater than one acre, Services 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 -37- PC2011-*** part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner/developer shall also prepare and submit to the Development Services Division of the Public Works Department, a Water Quality Management Plan (WQMP) in accordance with the City’s municipal NPDES requirements and Chapter 7 of the Orange County Drainage Area Management Plan. The WQMP must be approved prior to issuance of grading permit. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short-term) within the Project Area as well as BMPs for long- term operation of the Project Area that address potential impacts to surface waters. 79Prior to approval ofstreet improvement plans for Development (MM5-1)any project-related roadway widening, the City Services shall retain a qualified acoustic engineer to design Building Division 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 anddoors. Ongoing during project operation, if 80the Police (MM7-6)Anaheim Police Department of Anaheim Traffic Traffic Management 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 81Ongoing,theCity of Anaheim will work Redevelopment (MM7-8)cooperatively with school districts to identify opportunities for school facilities in the Platinum Planning Division Triangle. 82Ongoing during project implementation, the City Redevelopment (MM8-1)shall continue to seek property acquisition opportunities for parkland in and adjacent to the Planning Division -38- PC2011-*** project area. 83Ongoing during project implementation, the City Redevelopment (MM8-2)shall continue to work with developers to seek alternative means of providing recreational Planning Division amenities. 84Ongoing during project implementation, the City Redevelopment (MM8-3)shall continue fostering partnerships with other public entities and private organizations to seek Planning Division alternative means of providing various types of recreational opportunities. 85Prior to approval of sanitary sewer connections for Development (MM10-4)each development project, the property Services 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 basedupon 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. 86Ongoing, the City shall continue to collaborate Water Engineering (MM10-11)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. 87Ongoing during project operations,thePublic Works, Streets (MM10-19)following practices shall be implemented, as and Sanitation feasible, by the property owner/developer: Usage of recycled paper products for -39- PC2011-*** stationery, letterhead, and packaging. Recovery of materials, such as aluminum and cardboard. Collection of office paper for recycling. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 88The City shall coordinate all future street and Electrical (MM10-27)infrastructure improvements within the Platinum Engineering Triangle with other service providers, including Southern California Gas Company and the Orange Southern California County Sanitation District so that required Gas infrastructure upgrades maybe constructed concurrently.Orange County Sanitation District 89A parking management plan shall be submitted for Public Works, Traffic review and approval by the City Engineer prior to and Transportation the project receiving a certificate of occupancyDivision 90The Planning Director has the authority to grant the modification of the timing of any of the conditions of approval, provided said modification Planning Division does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modification shall be in writing and shall clearly identify the reason 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.” 91The subject property shall be developed substantially in accordance with plans and Planning Division specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7 and as conditioned herein. -40- PC2011-*** [DRAFT]ATTACHMENT NO. 3 RESOLUTION NO. PC2011-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND THE PLATINUM TRIANGLEMASTER LAND USE PLAN (MISCELLANEOUS CASE NO.2011-00493) (BRE PROPERTIESINC.) WHEREAS, the Platinum Trianglecomprises approximately 820 acres located at the confluence of Interstate 5 and SR-57 Freeways in the City of Anaheim, County of Orange, State of California, generally east of Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the Southern California Edison easement, and north of the Anaheim City limit area. The Platinum Triangle encompasses the Angel Stadium of Anaheim, the Honda Center, the City National Grove of Anaheim, the Anaheim Amtrak/MetrolinkStation, and surrounding residential and mixed use development, light industrial buildings, industrial parks, distribution facilities, offices, hotels, restaurants, and retail development; and WHEREAS,since 1996, the Anaheim City Council (the "City Council") has approved several actions relating to the area encompassedby the Platinum Triangle; and WHEREAS,on May 30, 1996, the Anaheim City Planning Commission (the "Planning Commission") certified Final Environmental Impact Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Stadium property associated with the Sportstown Development. Area Development PlanNo. 120, which entitled a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet ofurban entertainment/retail uses, a 500-room hotel (550,000 square feet), a 150,000-square-foot exhibitioncenter, 250,000 square feet of office development and 15,570 on-site parking spaces. The Grove ofAnaheim, the renovated Angel Stadium of Anaheim, and the Stadium Gateway Office Building weredeveloped/renovated under this plan; and WHEREAS, onMarch 2, 1999, the City Council adopted the Anaheim Stadium Area Master Land Use Plan(MLUP). The boundaries for this MLUP were generally the same as those for the Platinum Triangle, withthe exception that this MLUP included 15 acres adjacent to I-5 that are not a part of the current PlatinumTriangle boundaries. As part of the approval process for the Anaheim Stadium Area MLUP, the CityCouncil also certified Final Environmental Impact ReportNo. 321 and adopted MitigationMonitoring Program No. 106. Development within the boundaries of the Anaheim Stadium Area Master Land Use Plan was implemented throughthe Sports Entertainment (SE) Overlay Zone, which permitted current uses to continue or expand withinthe provisions of the existing zoning, while providing those who may want to develop sports,entertainment, retail, and office uses with standards appropriate to those uses, including increased landuse intensity. Implementation of this Overlay Zone was projected to result in a net loss of 491,303 squarefeet of industrial space and increases of 1,871,285 square feet of new office space, 452,026 square feetof new retail space, and 991,603 square feet of new hotel space. Projects that were developed under theSE Overlay Zone included the Ayers Hotel, the Arena Corporate Center, and the Westwood School ofTechnology; and WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide General Plan andZoning Code Update, which included a new vision for the Platinum Triangle. The 1-PC2011-*** - General Plan Updatechanged the General Plan designations within the project area from Commercial Recreation andBusiness Office/Mixed Use/Industrial to Mixed-Use, Office-High, Office-Low, Industrial, Open Space andInstitutional to provide opportunities for existing uses to transition to mixed- use, residential, office, andcommercial uses. The General Plan Update also established the overall maximum development intensitiesfor the Platinum Triangle, which permitted up to 9,175 dwelling units, 5,000,000 square feet of office space,2,044,300 square feet of commercial uses, industrial development at a maximum floor area ratio (FAR) of0.50, and institutional development at a maximum FAR of 3.0. In addition, the square footage/seatsallocated to the existing Honda Center and all of the development intensity entitled by Area DevelopmentPlan No. 120 was incorporated into the Platinum Triangle Mixed- Use land use designation. Final Environmental Impact Report(FEIR) No.330, which was prepared for the General Plan and Zoning CodeUpdate and associated actions, analyzed the above development intensities on a citywide impactlevel and adopted mitigation monitoring programs, including an Updated and Modified MitigationMonitoring Plan No. 106 for the Platinum Triangle; and WHEREAS,in order to provide the implementation tools necessary to realize the City’s new vision for the PlatinumTriangle, on August 17, 2004, the City Council replaced the Anaheim Stadium Area MLUP with thePlatinum Triangle Master Land Use Plan(the "PTMLUP"), replaced the SE Overlay Zone with the Platinum Triangle Mixed Use(PTMU) Overlay Zone, approved the form of the Standardized Platinum Triangle DevelopmentAgreement and approved associated zoning reclassifications. Under these updated zoning regulations,property owners desiring to develop under the PTMU Overlay Zone provisions are required to enter intoa standardized Development Agreement with the City of Anaheim; 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,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 MitigationMonitoring Plan No. 106A for the PTMLUP as the required environmental documentation for said amendments; and WHEREAS,following the certification of FSEIR No. 332, the CityCouncil approved two addendums to FSEIR No. 332 in conjunction with requests to increase thePlatinum Triangle intensity by 67 residential units; 55,550 square feet of office development; and 10,000square feet of commercial uses. A project Environmental Impact Reportwas also approved to increase the allowabledevelopment intensitiesby an additional 699 residential units to bring the total allowable developmentintensity within the Platinum Triangleto up to 10,266 residential units; 5,055,550 square feet of officeuses; and 2,264,400 square feet of commercial uses; and -2-PC2011-*** WHEREAS, on February 13, 2007, the City embarkedupon a process to amend the General Plan,the PTMLUP, the PTMU Overlay Zone,thePlatinum Triangle Standardized Development Agreement,and related zoning reclassifications to increasethe allowable development intensities within the Platinum Triangle to up to 18,363 residential units; 5,657,847square feet of commercial uses; 16,819,015 square feet of office uses; and 1,500,000 square feet ofinstitutional uses (the "Platinum Triangle Expansion Project"); and WHEREAS,as required by law, the City Council certified Final Subsequent Environmental Impact Report for the PlatinumTriangle 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 ofthe City’s exemplary historical record in avoiding CEQA litigation and its commitment to properenvironmental 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 theproject; and WHEREAS, on October 26, 2010, the City Council approvedamendments 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 18,909residential units; 14,340,522square feet of office uses; and 4,909,682square 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. 106Cfor the PTMLUP as the required environmental documentation for said amendmentsand related zoning reclassifications; and WHEREAS, on December 16,2010,BRE Properties Inc.requested cancellation of Development Agreements Nos. 2005-00002 and 2005-00003, as subsequently amended;and submitted an application for the approval of (i) Development Agreement No. 2010-00004to permit the construction of 400 residential units within two 4-story buildings,and(ii) an amendment to subsection 4.2.11 of Section 4.2 of Chapter 4 of the PTMLUP and the PTMU Overlay Zone to allow diagonal parking on Connector Streets subject to the review and approval of the City Engineer.A complete copy of the amendment to the Platinum Triangle Master Land Use Plan is on file and can be viewed in the City Planning Department; and WHEREAS, the Planning Commission did hold a public hearing on March 14, 2011, pertaining to said amendment to the Platinum Triangle Master Land Use Plan, notice of said 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 amendmentand to investigate and make findings and recommendations in connection therewith; and -3-PC2011-*** WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, does hereby find and determine as follows: 1.The Planning Commission has recommended that the City Council approve said amendment to the Platinum Triangle Master Land Use Planto allow diagonal parking on Connection Streetssubject to the review and approval by the City Engineer. 2.The proposed amendment to the Platinum Triangle Master Land Use Plan is consistent with the goals and policies established for the development of the Platinum Triangle as set forth in the City of Anaheim General Plan. 3.The proposed amendment to the Platinum Triangle Master Land Use Plan is consistent with the goals and policiesestablished for the PTMLUP. 4.That the proposed amendment to the Platinum Triangle Master Land Use Plan will result in development of desirable character that will be compatible with existing and proposed development in the surrounding area. 5.That the proposed amendment to the Platinum Triangle Master Land Use Plan respects environmental, aesthetic and historic resources consistent with economic realities. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:The Planning Commission has reviewed said amendment to the Platinum Triangle Master Land Use Plan 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 amendment and satisfy all the requirements of CEQA, and the State CEQA Guidelines, and that no further environmental documentation need be prepared for said amendment to the Platinum Triangle Master Land Use Plan. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby recommend that the City Council approve an amendment to subsection 4.2.11 of Section 4.2 of Chapter 4 of the Platinum Triangle Master Land Use Plan to allow diagonal parking on Connector Streets subject to the review and approval of the City Engineer. BE IT FURTHER RESOLVED that this amendment to the Platinum Triangle Master Land Use Plan is granted subject to the approval and adoption of Zoning Code Amendment No. 2011- 00098andDevelopment Agreement No. 2010-00004, now pending. -4-PC2011-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March14, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may bereplaced by a City Council Resolution in the event of an appeal. ______________________________________________ CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: ______________________________________________________ SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE) ss. CITY OF ANAHEIM) I, Grace Medina, Senior Secretary forthe Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 14, 2011, by the following vote of the members thereof: AYES:COMMISSIONERS: NOES:COMMISSIONERS: ABSENT:COMMISSIONERS: th IN WITNESS WHEREOF, I have hereunto set my hand this14day of March, 2011. ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5-PC2011-*** ATTACHMENT NO. 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SUBSECTIONS .010AND .040OF SECTION 18.20.120OF CHAPTER 18.20OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. (ZONING CODE AMENDMENT NO. 2011-00098) (DEV2010-00161) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That subsection .010 of Section 18.20.120of Chapter 18.20of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".010Number of Parking Spaces. .0101Numberof Spaces for Residential Uses. The following minimum parking requirements shall be used in determining parking need: Table 20-I MINIMUM PARKING REQUIREMENTS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of BedroomsMinimum Number of Parking Spaces Per Unit 1 bedroom1.5 spaces 2 bedroom2.0 spaces 3 bedroom2.5 spaces 4 bedroom3.5 spaces .0102Number of Spaces for Non-Residential Uses.The number of parking spaces for non-residential uses shall be determined by the type of use (use class) specified in Table 42-A (Non-Residential Parking Requirements) of Chapter 18.42(Parking and Loading). .0103Number of Spaces for Mixed-Use Projects.Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review process by the Planning Services Division of the Planning Department based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the Planning Services Division of the Planning Department and/or its designee. The parking demand study shall be prepared at the property owner/developer’s expense and provided as part of the final site plan application. .0104On-Street Parking.Parking located on a private or public street directly in front of a use may be considered for parking credit; providing a parking management plan is approved by the City Engineer, which adequately addresses how parking will be limited to the use that it is intended to serve.Diagonal parking shall be in conformance with Chapter 18.20.120.040. .0105Tandem Parking.Tandem Parking may be permitted in conjunction with subterranean parking and tuck-under buildings, where both spaces are assigned to the same designated dwelling unit. .0106Valet Parking.Valet parking may be permitted in conjunction withsubterranean parking, provided valet services are provided for and managed by an on-site management company or homeowner’s association. .0107Drop-off and Pick-Up Locations.Drop-off and pick-up locations shall be incorporated into the design of parking areas, and the number, location and design shall be approved by the City Engineer." SECTION 2. That subsection .040 of Section 18.20.120of Chapter 18.20of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".040Streets.As provided in the Platinum Triangle Master Land Use Plan, connector and collector streets and a Market Street will be required within the PTMU Overlay Zone.The location of these streets shall be in conformance with the Platinum Triangle Master Land Use Plan, and shall be approved by the City Engineer, based on an access and alignment study. Additional connector streets may be required by the City Engineer, based on projected traffic volumes as determined by a traffic study. .0401The streets shall be designed to comply with the cross sections in the Platinum Triangle Master Land Use Plan; provided that the final width, including supplemental turn lanes if required, shall be determined, based on anticipated traffic volumes analyzed as part of a project specific traffic impact study to be reviewed and approved by the City Engineer. .0402Traffic-calming and special street design features, such as enhanced paving and parkway tapers at intersections, are permitted and encouraged, subject to theapproval of the City Engineer. .0403Diagonal parking maybe permitted on Connector Streets subject to the review and approval of the City Engineer." -2- SECTION 2.SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, subsection, paragraph, sentence, clause or word of this ordinance hereby adopted be declared for any reason invalid by the final judgment of any court of competent jurisdiction, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3.SAVINGS CLAUSE. Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2011, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By:__________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 81995.v1/MGordon -3- ßÌÌßÝØÓÛÒÌ ÒÑò ë ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò ï øÐ¿¹» ï ±º ì÷ ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò ï øÐ¿¹» î ±º ì÷ ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò ï øÐ¿¹» í ±º ì÷ ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò ï øÐ¿¹» ì ±º ì÷ ëïìï Ý¿´·º±®²·¿ô Í«·¬» îëðô ×®ª·²»ô Ýß çîêïé ÞÎÛ Ð®±°»®¬·»ô ×²½ò Ú ÐßÎÕ Ê×Î×Ü×ßÒ ××× æ ïéèï ÍÑËÌØ ÝßÓÐÌÑÒ ßÊÛòô ßÒßØÛ×Óô Ýß ÐßÎÕ Ê×Î×Ü×ßÒ ×× æ ïëëï ÛßÍÌ ÉÎ×ÙØÌ Ý×ÎÝÔÛô ßÒßØÛ×Óô Ýß A4 B1B1 B1A1B1 A1 B1 B1B1 B1 A2 B1 A1 B1B1 A1A1 A1 B1B1 A3B1B1A3 B1 A1A1 A3 A3 A1 C1 A1 B1A3A3 A1 B1 A3 A3 A3 A1 A1 A3 B1B1B1A3 B1 A1 A3B1A1 A2 A2 A1 A1 B1 A1A1 A1 A1B1B1B1A4 A4A1 A1A1B1B1 B1 B1 A3A3 B3 A1 A1A3 C1 A3 B1A3 A1A1 A2 B1B1B1A4 A1B1A1A1 A1A1 A1A1 A1 îÒ±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò í ßïßï ßï ÞË×ÔÜ×ÒÙ Ü ßï ßï ßï ßï ßìÞïÞïÞïßïßïÞïßï ßî ßï ßï ßíÞïßíßíßïÞï ßï ßíßí ßí ßï ßï Þï ßïÞïÞï ßì ßïÞï ßìÞïÞïÞï ßï ßï ßï ßïßï ßî ßî ßí ÞïÞïÞï ßí Þï ßïßïÞï ßïßï ßí ßí ßí ßí ßï ÞîÞïßíßíÞïßïÞï Þï Þï Þî ßíÞïÞïÞï ßïßï Þïßí Þï ÞïÞïßïßïÞïßïÞï ßï Þï ßî ßî Þï Þï Þï ßìÞïÞïÞïßïßïÞï ßì ÞË×ÔÜ×ÒÙ Ý ÞË×ÔÜ×ÒÙ ß ÞË×ÔÜ×ÒÙ Þ Ê×Î×Ü×ßÒ ×××Ê×Î×Ü×ßÒ ×× ÞË×ÔÜ×ÒÙ Ü ÞË×ÔÜ×ÒÙ ß ÞË×ÔÜ×ÒÙ ÞÞË×ÔÜ×ÒÙ Ý Ê×Î×Ü×ßÒ ×××Ê×Î×Ü×ßÒ ×× ÐßÎÕ Ê×Î×Ü×ßÒ ×× æ ïëëï ÛßÍÌ ÉÎ×ÙØÌ Ý×ÎÝÔÛô ßÒßØÛ×Óô Ýß ÐßÎÕ Ê×Î×Ü×ßÒ ××× æ ïéèï ÍÑËÌØ ÝßÓÐÌÑÒ ßÊÛòô ßÒßØÛ×Óô Ýß ÞÎÛ Ð®±°»®¬·»ô ×²½ò ½ ëïìï Ý¿´·º±®²·¿ô Í«·¬» îëðô ×®ª·²»ô Ýß çîêïé ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò ì ÞË×ÔÜ×ÒÙ Ü ÞË×ÔÜ×ÒÙ ß ÞË×ÔÜ×ÒÙ Þ ÞË×ÔÜ×ÒÙ Ý Ê×Î×Ü×ßÒ ××× Ê×Î×Ü×ßÒ ×× ÞË×ÔÜ×ÒÙ Ü Ú×ÌÌÒÛÍÍ ÝÛÒÌÛÎ ßïßï ßï ÞÛÔÑÉ ßï ßï ßï ßï ßìÞïÞïÞïßïßïÞïßï ßî ßï ßï ßíÞïßíßíßïÞï ßï ßí ßï ßïßíßí Þí Þï Þí Þï Þï ÞïÞï ßì Þï ÔÑÚÌÔÑÚÌ Þï ßì ÔÑÚÌÔÑÚÌ ßï ßï ßï ßî Þïßï Þí Þïßïßï ßî Þï ßí ÔÑÚÌ ßí ÔÑÚÌ ßí ßïßï ßí ßí Þï ÞîÞïßíßíÞïßïÞï ßï Þï Þï Þî Þï ßíÞïÞïßí ßïßï Þï Þï ÔÑÚÌ ÞïÞïßïßïÞïßïÞï ßî ßï ßî ÞíÞí Þï Þï Þï Þï Þï ßìßì ÞïÞïÔÑÚÌÔÑÚÌ ÔÑÚÌ ÞË×ÔÜ×ÒÙ ß ÞË×ÔÜ×ÒÙ Ý ÞË×ÔÜ×ÒÙ Þ Ê×Î×Ü×ßÒ ×××Ê×Î×Ü×ßÒ ×× ÐßÎÕ Ê×Î×Ü×ßÒ ×× æ ïëëï ÛßÍÌ ÉÎ×ÙØÌ Ý×ÎÝÔÛô ßÒßØÛ×Óô Ýß ÐßÎÕ Ê×Î×Ü×ßÒ ××× æ ïéèï ÍÑËÌØ ÝßÓÐÌÑÒ ßÊÛòô ßÒßØÛ×Óô Ýß ÞÎÛ Ð®±°»®¬·»ô ×²½ò ½ ëïìï Ý¿´·º±®²·¿ô Í«·¬» îëðô ×®ª·²»ô Ýß çîêïé ßÌÌßÝØÓÛÒÌ ÒÑò é ó Û¨¸·¾·¬ Ò±ò ë ÝßÓÐÌÑÒ ßÊÛò ÍÌÎÛÛÌ ÙÎßÜÛ ÉßÔÕ ÐßÎßÔÔÛÔÉßÔÕÐßÎÕÉßÇ ÐßÎÕ×ÒÙ ÐßÎÕ Ê×Î×Ü×ßÒ ×× æ ïëëï ÛßÍÌ ÉÎ×ÙØÌ Ý×ÎÝÔÛô ßÒßØÛ×Óô Ýß ÐßÎÕ Ê×Î×Ü×ßÒ ××× æ ïéèï ÍÑËÌØ ÝßÓÐÌÑÒ ßÊÛòô ßÒßØÛ×Óô Ýß ÞÎÛ Ð®±°»®¬·»ô ×²½ò Ú ëïìï Ý¿´·º±®²·¿ô Í«·¬» îëðô ×®ª·²»ô Ýß çîêïé î÷±º ï øÐ¿¹» ê Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ î÷±º î øÐ¿¹» ê Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ í÷±º ï øÐ¿¹» é Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ í÷±º î øÐ¿¹» é Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ í÷±º í øÐ¿¹» é Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ î÷±º ï øÐ¿¹» è Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ î÷±º î øÐ¿¹» è Ò±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ Ò±ò çÛ¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ ïðÒ±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ ïïÒ±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ ïîÒ±ò Û¨¸·¾·¬ ó é ÒÑò ßÌÌßÝØÓÛÒÌ ßÌÌßÝØÓÛÒÌ ÒÑò è Platinum Triangle Master Land Use Plan ………………………………………………………………………………………………………..……………………………………………………………… 4.2.11Connector and Collector Streets The Connector Streets’landscape palette consists of a variety of large canopy trees, including the Southern Magnolia, Southern Live Oak, Fern Pine and Bradford Pear,which may be planted in tree wells with interlocking precast concrete pavers in the parkway or in parkways withturf or groundcover as approved by the City. A minimum 3-foot wide area will be planted with low floweringshrubs in the setback area adjacent Parallel parking may be provided as to the sidewalk. indicated in Figure 40 (Conceptual Connector Street) or diagonal parking subject to the approval of the City Engineer. Parkways on Collector Streets will be landscaped with Brisbane Box trees and India Hawthorne shrubs or Southern Magnolia Tree another similar ground cover. Bikelanes will be (Magnolia grandiflora) located on designated Collector Streets in the Orangewood District to connect the bike lanes on Orangewood Avenue to the Santa Ana River Bike Trail. Bradford Pear (Pyrus calleryana) Southern Live Oak (Quercus virginiana) Fern Pine (Podocarpus Gracilior) City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net