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PC 2012/09/10 City of Anaheim Planning Commission Agenda Monday, September 10, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Victoria Ramirez • Chairman Pro-Tempore: Harry Persaud • Commissioners: Peter Agarwal, Paul Bostwick, Stephen Faessel, Michelle Lieberman, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Workshop - Update on the Alternatives Analysis Study for the Anaheim Rapid Connection (ARC) Fixed Guideway Project – Presented by Public Works Department Staff • 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/planning on Thursday, September 6, 2012, 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 e-mail address: planningcommission@anaheim.net 09/10/12 Page 2 of 7 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar 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. 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. Anaheim Planning 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. 09/10/12 Page 3 of 7 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2012-05608 PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00086 (DEV2012-00052) Location: 2800 East Lincoln Avenue The applicant proposes to permit the off-premises sales of beer and wine in an existing service station convenience market. 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). Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2004-04952D (DEV2010-00050A) Location: 401 North Anaheim Boulevard The applicant proposes to amend a previously-approved conditional use permit to modify conditions of approval and permit a Type 48 (On Sale General – Public Premises) ABC alcoholic beverage license for an existing nightclub (Ember Café and Music Club). 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). Staff Report New Correspondence Request for continuance to October 8, 2012 Project Planner: David See dsee@anaheim.net 09/10/12 Page 4 of 7 ITEM NO. 4 GENERAL PLAN AMENDMENT NO. 2012-00485 REVISED TENTATIVE TRACT MAP 16860 MISCELLANEOUS CASE NO. 2012-00553 VARIANCE NO 2012-04909 AMENDMENT NO. 2 TO DEVELOPMENT AGREEMENT NO. 2006-00002 (DAG -2006-00002B) (DEV2012-00014) Location: 2040-2068 South State College Boulevard and 2003-2125 East Orangewood Avenue The applicant proposes to amend the General Plan to revise the public park locations for this project site; to amend the Platinum Triangle Master Land Use Plan to revise the Connector Street and public park locations for this project site; to permit a smaller park than allowed by code; to amend an existing Development Agreement between the City of Anaheim and LNR Platinum Stadium, LLC, to address a proposed project re-design, including a revised product type, site layout, and reduction in the number of residential units; and, to revise the tentative tract map to reflect the modified site design, including the new locations of the proposed Connector Street and public park. Environmental Determination: Previously Certified Environmental Impact Report No. 339. Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 5 CONDITIONAL USE PERMIT NO. 2010-05483B (DEV2010-00026B) Location: 401-425 South Anaheim Boulevard The applicant proposes to amend a previously-approved conditional use permit to construct a 60-unit condominium project (originally approved as a 52 unit condominium project) to include affordable units, a deviation in zoning development standards, and a density bonus. Environmental Determination: A Negative Declaration has been prepared to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net 09/10/12 Page 5 of 7 ITEM NO. 6 CONDITIONAL USE PERMIT NO. 2010-05484B (DEV2010-00027B) Location: 518-538 South Anaheim Boulevard The applicant proposes to amend a previously-approved conditional use permit to construct a 40-unit condominium project (originally approved as a 36 unit condominium project) to include affordable units, a deviation in zoning development standards, and a density bonus. Environmental Determination: A previously-approved Negative Declaration has been prepared to evaluate the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net Adjourn to Monday, September 24, 2012 at 5:00 p.m. 09/10/12 Page 6 of 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:40 p.m. September 5, 2012_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible 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 in appropriate 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. 09/10/12 Page 7 of 7 S C H E D U L E 2012 September 24 October 8 October 22 November 5 November 19 December 3 December 17 December 31 TRELIGIOUS USE RM-4VILLA RIO VISTAAPARTMENTS132 DU C-GSERVICESTATION C-GRETAIL RS-3SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE C-GRETAIL RS-2SINGLE FAMILY RESIDENCE C-GAUTO REPAIR/SERVICERM-4AMBERWAYAPARTMENTS272 DU RS-2SINGLE FAMILY RESIDENCE RM-4MONTERRAAPTS133 DU C-GSERVICESTATION C-GRETAIL C-GRETAIL TOFFICES RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCEC-GRESTAURANTC-GVACANTS RIO VISTA STE LINCOLN AVE E VIRGINIA AVE JEANINE CIRS CINDA STS JEANINE STE P URI TAN PLS STEHLEY STS CHATHAM CIRE. LINCOLN AVE E. LA PALMA AVE S. SUNKIST STE. SOUTH ST S. RIO VISTA STE. WAGNER AVES. STATE COLLEGE BLVDN. RIO VISTA ST2 8 0 0 Ea st Lincoln Av enue D E V N o. 2012-00052 Subject Property APN: 253-261-01 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 S RIO VISTA STE LINCOLN AVE E VIRGINIA AVE JEANINE CIRS CINDA STS JEANINE STE P URI TAN PLS STEHLEY STS CHATHAM CIRE. LINCOLN AVE E. LA PALMA AVE S. SUNKIST STE. SOUTH ST S. RIO VISTA STE. WAGNER AVES. STATE COLLEGE BLVDN. RIO VISTA ST2 8 0 0 Ea st Lincoln Av enue D E V N o. 2012-00052 Subject Property APN: 253-261-01 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05608 AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00086 (DEV2012-00052) (2800 EAST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012- 05608, pursuant to Section 18.60.190 of the Anaheim Municipal Code (herein referred to as the "Code"), and for a determination of Public Convenience or Necessity No. 2012-00086, to allow an existing service station convenience market with the sales of beer and wine for off-site consumption located at 2800 East Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the “Property”); and WHEREAS, this Property is developed with a service station and convenience market located in the C-G (General Commercial) zone. The Anaheim General Plan designates the Property for commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012-05608 and Public Convenience or Necessity No. 2012-00086, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing pertaining to the request for Conditional Use Permit No. 2012-05608, does find and determine the following facts: 1. The request to permit the sale of beer and wine from a convenience market for off-site consumption is properly one for which a conditional use permit is authorized under Sections Nos. 18.08.030.010 (Primary Uses, Commercial Zones) and 18.38.110 (Convenience Stores) of the Code. 2. The proposed sale of beer and wine for off-site consumption from a convenience market will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it is commercially zoned and is located in a commercial retail center with similar surrounding uses. - 2 - PC2012-*** 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because this convenience store with the sales of beer and wine for off-site consumption will not impact the development of the area. 4. The traffic generated by the proposed use will 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 volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the existing land use will continue to be compatible with the surrounding area and the proposed sales of beer and wine are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the 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 hearing pertaining to the request for Public Convenience or Necessity No. 2012- 00086, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the California Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an "undue concentration" of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license. For purposes of Section 23958, "undue concentration" means the case in which the premises are located in an area where any of the following conditions exist: (a) The premises are located in a crime reporting district that has a 20% greater number of "reported crimes" (as defined in Section 23958.4) than the average number of reported crimes as determined from all crime reporting districts within the City of Anaheim. (b) As to on-sale retail license applications, the ratio of on-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of on-sale retail licenses to population in the county. (c) As to off-sale retail license applications, the ratio of off-sale retail licenses to population in the census tract or census division in which the premises are located exceeds the ratio of off-sale retail licenses to population in the county. - 3 - PC2012-*** 3. Notwithstanding the existence of the above-referenced conditions, ABC may issue a license if the Planning Commission determines that the "public convenience or necessity" would be served by the issuance. 4. Resolution No. 95R-134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The Property is located within Census Tract 863.04 with a population that allows for three off-sale and five on-sale Alcoholic Beverage Control licenses in the tract. The Anaheim Police Department evaluates these requests based on the crime rate in the police reporting district by utilizing a 1/4 mile radius for the subject site. This Property is located in Police Reporting District No. 1630 and has a 1/4 mile radius crime rate below the average. Further, no alcohol related crimes are associated with this location. 6. A determination of Public Convenience or Necessity can be made based on the finding that the license requested under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of beer and wine for off- premises consumption would serve as an added convenience to residents and visitors to the area who choose to patronize this establishment. WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012-05608 and Public Convenience or Necessity No. 2012-00086, 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. - 4 - PC2012-*** BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012-05608 and Public Convenience or Necessity No. 2012-00086 is approved without limitations on 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 approval of Conditional Use Permit No. 2012-05608 and Public Convenience or Necessity No. 2012-00086 constitutes approval of the proposed request only to the extent that it complies 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 of September 10, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2012-*** - 7 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05608 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00086 (DEV2012-00052) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. Police Department 2 There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. Police Department 3 The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. Police Department 4 Sale of alcoholic beverages shall be made to customers only when the customer is in the building. Police Department 5 The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Police Department 6 There shall be no public telephones on the property that are located outside the building and within the control of the applicant. Police Department 7 Business owner shall police the area under their control in an effort to prevent the loitering of persons around the premises. Police Department - 8 - PC2012-*** 8 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. Code Enforcement 9 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Police Department 10 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 ( Floor Plans) and as conditioned herein. Planning ATTACHMENT NO. 3 !( !( !( !( !( !( !( !( P Proposed Site2800 E LINCOLN AVE 863.04 S O U T H J U N I O R H I G H S C H O O L S U N K I S T E L E M . S C H O O L R I O V I S TA E L E M S C H O O L B E N I T O J U A R E Z E L E M S C H O O L K AT E L L A H I G H S C H O O L S Y C A M O R E J U N I O R H I G H S C H O O L P I O N E E R PA R K B O Y S E N PA R K J U A R E Z PA R K R I O V I S TA PA R K SUNKIST STLINCOLN AVE RIO VISTA STSOUTH ST WAGNER AVESTATE COLLEGE BLVDFRONTERA ST Census Tract Map for 2800 E Lincoln Ave 1 inch = 1,000 feet 0 500 1,000 1,500250Feet 4 LEG END !((4) On-Sale Licenses !((3) Off-Sale Licenses CensusTract Churches Parks Schools City Boundary ATTACHMENT NO. 5 |57 |91 SUNKIST STLINCOLN AVE RIO VISTA STBALL RD SOUTH ST LA PALMA AVE WAGNER AVE G L A S S E L L S T FRONTERA S T FRONTERA ST TREVOR STHILDA STJACKSON AVE SOUTH ST UNDERHILL AVE KINGSLEY STNEW AVECHANTILLY STCARDIFF STMARJAN STOMEGA AVE SYCAMORE ST COLT STALDEN PL PARK VISTA STBETHEL DR WARD TER VERDE AVE DIANA AVE CLIFPARK WAY MILTON STDUTCH AVE JEANINE WAYNYON AVE RILES CIR PARADISE RD WHIT E S T A R A V E BARBARA WAYLIZBETH AVE DUNE STVIRGINIA AVE REDWOOD DR N.WESTGATE DRSTANDISH AVE AMES AVE MANCOS PLALDEN AVE WESTPORT DR BATAVIA STOSHKOSH AVE CARL STVIKING AVE SEVILLE AVE JAMISON ST BETH STVERMONT AVE BETH CIRPALADIN AVE MARDI GRAS AVE ARMANDO STPEREGRINE STELSIENA WAY OAKSTONE WAYQUEENSBURY STATHENA WAY NORM PL GLENDON STMAVERICK AVE GREENHEDGE AVE HEMPSTEAD STWH I T T I E R S T ALKI PL CONNIE CIRBELHAVEN STNORMANDY DRJAMBOLAYA STGELID CT HEMPSTEAD RD TRYON AVE ROYAL STKEATS STCINDA STALICE WAYALICE STHILDA PL PURITAN LN CLAY STBELMONT CT WHIDBY LN BELMONT PL LA MESA STPEREGRINE PLTOWER CTDIANA DR GELID AVE STEHLEY STMANCOS AVELONDON CTSTRONG PL POWHATAN AVE HILDA CTOLYMPIA CTCHAUCER STAMES CIR CLARENCE STLONDON PL PURITAN CIR AMBRIDGE STBARBARA STJEANINE DRPLANTATION PLPURITAN PL PAMPUS LN COLLYER LN HEMPSTEAD CIRTOWER PLOLYMPIA PLVERMONT AVE VIRGINIA AVE SYCAMORE ST VERMONT AVE VIRGINIA AVE ALKI PL ALICE WAYALDEN PLALDEN PL OSHKOSH AVE AMES AVE NORM PL MAVERICK AVE CHANTILLY STMARJAN STCARDIFF STHILDA PL HILDA PL WHIDBY LNHILDA STCHANTILLY STHILDA STCOLT STWARD TER LIZBETH AVE NORM PL WHIDBY LN 3370 Zoning Map Map Location °0 870 1,740 Feet Key to Features RS-2 Single-Family, Residential RS-3 Single-Family, Residential RM-2 Multiple-Family, Residential RM-3 Multiple-Family, Residential RM-4 Multiple-Family, Residential C-G General Commercial T Transition City of AnaheimPlanning TechnologySeptember 5, 2012 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. N ANAHEIM BLVDN LEMON STN CLAUDINA STW C Y P R E S S S T N EMILY STE A D E L E S T W A D E L E S T E S Y C A M O R E S T W A L B E R T A S T N ZEYN STW S Y C A M O R E S T E C Y P R E S S S TN CLAUDINA STN. EAST STE. LA PALMA AVE E . B R O A D W A Y E . L I N C O L N A V E S. EAST STW. LA PALMA AVE W . B R O A D W A YW. L I N C O L N A V EN. HARBOR BLVDS. ANAHEIM BLVDW. B R O A D W AY 10951401 North Anaheim Boulevard DEV2010-00050 Subject Property APN: 035-101-16 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 C -G D E V 2 0 1 0 -0 0 0 5 0 R E T A I L R S -3 S F R R S -3 S F R SINGLE FAMILY RESIDENCE R S -2 S F R R S -3 F O U R P L E X R S -2 T R I P L E X C -G R E L I G I O U S U S E C -G R E T A I L R S -3 6 D U R S -3 T R I P L E X C -G R E L I G I O U S U S E C -G A U T O R E P A I R / S E R V I C E R M -4 P A R K P R O M E N A D E A P T S 2 4 D U R S -3 S F R R S -3 S F R T R E L I G I O U S U S E R M -4 A P T S 8 D U R S -2 S F R R S -3 S F R C -G O F F I C E S RS-3DUPLEXC -G R E S T A U R A N T C -G O F F I C E S R M -4 A P T S 1 2 D U R S -3 S F R R S -2 S F R R S -2 S F R R S -2 S F R R S -2 S F R R S -2 S F R R S -3 V A C A N T R S -3 S F R C -G O F F I C E S C -G S F R R S -3 T R I P L E X M A I N T E N A N C E Y A R D T A P T S 2 0 D U R M -4 S F R R S -3 D U P L E X R M -3 R E T A I L R S -3 T R I P L E X R S -3 S F R R S -2 S F R C -G R E T A I L T R M -4 C -G R E L I G I O U S U S E C -G R E L I G I O U S U S E R S -3 R E L I G I O U S U S E R S -3 S F R R S -3 S F R C-GRESTAURANTC-GRETAILT O F F I C E SC-G O F F I C E S C -G O F F I C E S R S -3 S F R C -G R E T A I L C -G R E T A I L C -G R E T A I L R M -4 A P T S 1 0 D U R M -4 S F R || 1 1 8 '||45'T P E A R S O N P A R K N ANAHEIM BLVDN LEMON STN CLAUDINA STW C Y P R E S S S T N EMILY STE A D E L E S T W A D E L E S T E S Y C A M O R E S T W A L B E R T A S T N ZEYN STW S Y C A M O R E S T E C Y P R E S S S TN CLAUDINA STN. EAST STE. LA PALMA AVE E . B R O A D W A Y E . L I N C O L N A V E S. EAST STW. LA PALMA AVE W . B R O A D W A YW. L I N C O L N A V EN. HARBOR BLVDS. ANAHEIM BLVDW. B R O A D W AY 10951401 North Anaheim Boulevard DEV2010-00050 Subject Property APN: 035-101-16 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 From:Josh Haskins To:David See Cc:Greg McCafferty Subject:Request for Continuance - Ember Date:Wednesday, September 05, 2012 11:20:28 AM We respectfully request a continuance of the Ember project to the Planning Commission hearingon October 8. This item is currently scheduled for the Planning Commission hearing on September10. We are requesting a continuance in order to conduct a follow up meeting with the communityand to respond to any issues resulting from the meeting. In addition, a four week continuance isbeing requested because some of the project team will not be available for the meeting onSeptember 24. Thank you in advance for this request and we look forward to the public hearing on October 8. Sincerely, Josh Haskins, Principal Development Advisors, LLC 2390 E. Orangewood Ave., Suite 510 Anaheim, CA 92806 Office: (949) 300-8501 Mobile: (805) 509-3246 Email: josh@development-advisors.com THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone, and delete the original message immediately. Thank you. ATTACHMENT NO. 2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I (PTMU)Gateway Sub-Area AVACANT I (PTMU)Gateway Sub-Area ARESTAURANT I (PTMU)Gateway Sub-Area AVACANT I (PTMU)Gateway Sub-Area AOFFICES I (PTMU)Gateway Sub-Area AINDUSTRIAL I (PTMU)Gateway Sub-Area AVACANT PR (PTMU)StadiumANGEL STADIUMOF ANAHEIM PR (PTMU)StadiumANGEL STADIUMOF ANAHEIM I (PTMU)Gateway Sub-Area AIND. FIRM I (PTMU)OrangewoodIND. FIRM I (PTMU)IND. FIRM E ORANGEWOOD AVES STATE COLLEGE BLVDS DUPONT DRE. KATELLA AVE S. HASTER STE. ORANGEWOOD AVE S. M ANCHESTE R AV E E. CHAPMAN AVE S. DOUGLASS RDE. GENE AUTRY WAY E. HOWELL AVE 2 0 1 5 Ea st Orangewood Avenue D E V N o. 2012-00014 Subject Property APN: 083-270-69083-270-72083-270-61083-270-71083-270-51083-270-70083-270-54083-270-47083-270-67083-270-37083-270-75083-270-73083-270-74 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E ORANGEWOOD AVES STATE COLLEGE BLVDS DUPONT DRE. KATELLA AVE S. HASTER STE. ORANGEWOOD AVE S. M ANCHESTE R AV E E. CHAPMAN AVE S. DOUGLASS RDE. GENE AUTRY WAY E. HOWELL AVE 2 0 1 5 Ea st Orangewood Avenue D E V N o. 2012-00014 Subject Property APN: 083-270-69083-270-72083-270-61083-270-71083-270-51083-270-70083-270-54083-270-47083-270-67083-270-37083-270-75083-270-73083-270-74 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT GENERAL PLAN AMENDMENT NO. 2012-00485 AND MAKING FINDINGS IN CONNECTION THEREWITH LNR PLATINUM STADIUM, LLC (DEV2012-00014) WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the proposed amendment relates to the proposed public park location in conjunction with a 525-unit residential project located at 2050 South State College Boulevard and 2015-2125 East Orangewood Avenue; and WHEREAS, on September 6, 2012, the Planning Director approved Final Site Plan No. 2012- 00001 to provide for the development of the Platinum Stadium Apartments Project, contingent upon the approval of Amended and Restated Development Agreement No. 2006-00002 (Development Agreement No. 2006-00002B), Revised Tentative Tract Map No. 16860, Miscellaneous Case No. 2012-00553, Variance No. 2012-04909, and an amendment to the General Plan for the City of Anaheim; and WHEREAS, General Plan Amendment No. 2012-00485 proposes to amend the Anaheim General Plan as follows: 1. Land Use Element (a) Amend “Figure LU-4: Land Use Plan” of the Land Use Element of the General Plan as shown on Exhibit A attached hereto and incorporated herein by this reference. Circulation Element (b) Amend “Figure C-5: Existing and Proposed Bicycle Facilities” of the Circulation Element of the General Plan as shown on Exhibit B attached hereto and incorporated herein by this reference. [DRAFT]ATTACHMENT NO. 2 -2- PC2012-*** 3. Green Element (c) Amend “Figure G-1: Green Plan” of the Green Element of the General Plan as shown on Exhibit C attached hereto and incorporated herein by this reference. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 10, 2012, 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, to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning Commission finds and determines that (i) Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304, serves as the appropriate environmental documentation for the proposed General Plan Amendment No. 2012- 00485) and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed General Plan Amendment No. 2012-00485; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed General Plan Amendment 2012-00485. WHEREAS, this Planning 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. That the proposed General Plan Amendment 2012-00485 maintains internal consistency with the General Plan as the proposed relocation of the public park is consistent with the goals and policies set forth in the General Plan for the Mixed Use land use designation and The Platinum Triangle Master Land Use Plan. 2. The proposed General Plan Amendment 2012-00485 would not be detrimental to the public interest, health, safety, convenience, or welfare of the City but would enhance traffic and pedestrian circulation to and from the community and provide a public park as amenity for the surrounding community; 3. The proposed General Plan Amendment 2012-00485 continue to be consistent with the intent of the General Plan and would maintain the balance of land uses within the City; and 4. The proposed General Plan Amendment 2012-00485 is physically suitable to accommodate the proposed modifications, including but not limited to, access, physical constraints, topography, provision of utilities, and compatibility with surrounding land uses because the relocation of the public park is easily accessible to the general public. NOW, THEREFORE, BE IT RESOLVED, that, based upon the above findings and determinations, this Planning Commission does hereby recommend that the City Council of the City of Anaheim adopt General Plan Amendment No. 2012-00485 in the form attached hereto as Exhibits “A”, “B” and “C”. -3- PC2012-*** BE IT FURTHER RESOLVED that the proposed General Plan Amendment No. 2012-00485 is granted contingent upon the approval of Miscellaneous Case No. 2012-00553, Amended and Restated Development Agreement No. 2006-00002, Revised Tentative Tract Map No. 16860, and Variance No. 2012-04909. 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Procedures” of the Anaheim Municipal Code pertaining 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, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAINS: COMMISSIONER: ABSENT: COMMISSIONERS: -4- PC2012-*** IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 91501 [DRAFT] ATTACHMENT NO. 3 -1- PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING REVISED TENTATIVE TRACT MAP NO. 16860 AND MAKING FINDINGS IN CONNECTION THEREWITH (LNR PLATINUM STADIUM, LLC) (DEV2012-00014) WHEREAS, on October 29, 2007, the Anaheim City Planning Commission (the "Planning Commission") approved Tentative Tract Map No. 16860 to establish a 10-lot residential subdivision. WHEREAS, the Anaheim City Planning Commission did receive a verified Petition from LNR Platinum Stadium, LLC, a Delaware limited liability company (the "Owner") for approval of a Revised Tentative Tract Map No. 16860 to establish a single-lot subdivision for that certain 14.6- acre parcel of land located at 2050 South State College Boulevard and 2015-2125 East Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Revised Tentative Tract Map No. 16860 will (i) modify the site design and product type, (ii) reduce the total number of residential units approved under Tentative Tract Map No. 16860 from 878 to 525 units within eight buildings up to 4-stories in height with subterranean parking and related improvements, (iii) revise the public park and the connector street locations, and (iv) permit a smaller park than allowed by the Anaheim Municipal Code (the "Code"); and WHEREAS, Revised Tentative Tract Map No. 16860 is proposed in conjunction with General Plan Amendment No. 2012-00485, Miscellaneous Case No. 2012-00553, Variance No. 2012-05909 and Amended and Restated Development Agreement No. 2006-00002; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed project actions, including Tentative Tract Map No. 16860, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning Commission finds and determines that (i) Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304, serves as the appropriate environmental documentation for the proposed Revised Tentative Tract Map and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Revised Tentative Tract Map; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Revised Tentative Tract Map No. 16860; and -2- PC2012-*** WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that the proposed Revised Tentative Tract Map No. 16860 in the form presented at this meeting meets all of the requirements set forth in Resolution No. 82R-565 (the “Procedures Resolution”), which was adopted by the City Council on November 23, 1982; that is: 1. That the proposed revised tentative tract map, including its design and improvements, is consistent with the City of Anaheim General Plan for the Property, as proposed to be modified by General Plan Amendment No. 2012-00485 and Miscellaneous Case No. 2012- 00553. 2. That the site is physically suitable for the proposed development at the proposed density and, therefore, would not cause public health or safety problems or environmental damage. 3. That the design and improvement of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably cause injury to fish or wildlife or their habitat. 4. That the design and improvement of the proposed subdivision is not likely to cause serious public health problems. 5. That the design and improvement of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Revised Tentative Tract Map No. 16860 subject to the conditions of approval described in Exhibit C attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that Revised Tentative Tract Map No. 16860 is hereby approved subject to the approval by the City Council of General Plan Amendment No. 2012-00485 and Miscellaneous Case No. 2012-00553, now pending. 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 Exhibit C attached hereto. Should any such condition, or any part thereof, be declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2012-*** BE IT FURTHER RESOLVED that 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 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 or prior to the approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said resolution is subject to the appeal provisions set forth in Section 17.08.100.030 of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012-*** -5- PC2012-*** EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59’ 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59’ 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’ S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17’ 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 23’ 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0° 57’ 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49’ 31" TO THE POINT OF BEGINNING. -6- PC2012-*** PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCEL 4A: AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4B: AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15 FEET OF SAID 243.26 FEET. PARCEL 4C: AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS FOLLOWS: -7- PC2012-*** THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 7° 09’ 10"; THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9° 25’ 28"; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES OF SAID EAST 243.26 FEET. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE SAID EAST 243.26 FEET. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED PARCEL 4B. PARCEL 5: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. -8- PC2012-*** PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. [APN: 083-270-67 and 083-270-69 and 083-270-70 and 083-270-71 and 083-270-72 and 083- 270-73 and 083-270-74 and 083-270-75 and 083-270-61 and 083-270-47 and 083-270-37.] -9- PC2012-*** EXHIBIT “C” CONDITIONS OF APPROVAL FOR REVISED TENTATIVE TRACT MAP NO. 16860 (DEV2012-00014) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 1 The vehicular access rights to State College Boulevard and Orangewood Avenue shall be released and relinquished to the City of Anaheim. Also, the vehicular access rights to Artisan Court and Dupont Drive, except at the private street openings, shall be released and relinquished to the City of Anaheim. Public Works, Development Services 2 Prior to final map approval, all existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works, Development Services 3 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on State College Boulevard, Orangewood Avenue, Artisan Court and Dupont Drive and all letter lots, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. Public Works, Development Services 4 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. In lieu of a Subdivision Agreement, an amended Development Agreement can be utilized to satisfy this condition of approval. Public Works, Development Services 5 Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall 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. Public Works, Development Services -10- PC2012-*** 6 Prior to the approval of a final subdivision map, in the event that the adjacent Orangewood Apartments project (APN 083-27-048) has not completed the improvements on Dupont Drive, the property owner/developer shall acquire any right(s) of way lying outside the Tract Map boundary necessary to construct Dupont Drive to full width as identified in the Platinum Triangle Master Land Use Plan and City Public Works Standards. Public Works, Development Services 7 The portion of Dupont Drive lying outside the Tract Map boundary shall be dedicated to the City of Anaheim for public road, public utilities and other public purposes prior to or concurrently with the recordation of the Tract Map. Public Works, Development Services 8 Prior to the approval of the final Tract map, the property owner/developer shall submit a focused project access analysis that addresses project access to the internal street system and the local arterial street system, project circulation, cumulative effects of on-site development to the phasing of internal streets (if project will be constructed in phases), loading areas, delivery areas, gate stacking requirements, left turn pocket lengths at two signalized intersections providing access to the site, and pedestrian linkages throughout the site. Public Works, Traffic and Transportation Services 9 Prior to the approval of the final subdivision map or issuance of a building permit, whichever occurs first, the property owner/developer shall pay the identified fair share responsibility as determined by the City as set forth in Mitigation Measures 9-7 and 9-8 of MMP 106C. The City shall allocate the property owners/developers fair share contribution to traffic mitigation programs that result in improved traffic flow, via an agreement mutually acceptable to Caltrans and the City. These improvements consist of any potential mitigation measures identified in the updated traffic study. Public Works, Traffic and Transportation Services 10 It is the responsibility of the owner to remove, relocate, and/or upgrade any traffic signal poles and equipment at the intersection of State College Boulevard at Orangewood Avenue and State College Boulevard at Artisan Court at the owner’s expense. Public Works, Traffic and Transportation Services 11 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services 12 Prior to issuance of the grading permit, the property owner shall submit project improvement plans that incorporate the required drainage improvements, and the mechanisms proposed in the approved Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Public Works, Development Services -11- PC2012-*** 13 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works, Development Services 14 Prior to issuance of a building permit, the developer shall submit to the Public Works Department, Development Services Division street improvement plans for the work on State College Boulevard, Orangewood Avenue, Artisan Court and Dupont Drive including but not limited to curb and gutter, sidewalk and landscape, storm drain and sewer facilities, and traffic signals. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway. Public Works, Development Services 15 Prior to issuance of a building permit, the developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works, Development Services 16 Prior to issuance of building permits, plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. Public Works, Traffic and Transportation Services 17 Prior to issuance of the a building permit for the parking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Public Works, Traffic and Transportation Services 18 Prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Public Works, Traffic and Transportation Services 19 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic and Transportation Services 20 Prior to the final building and zoning inspection, in the event that the adjacent Orangewood Apartments project has not completed the following improvements, the property owner/developer shall: (a) install a traffic signal at the intersection of Dupont Drive and Orangewood Avenue; and (b) construct Dupont Drive as identified on the Site Plan. Public Works, Traffic and Transportation Services -12- PC2012-*** 21 Prior to the final building and zoning inspections, the public improvements for each phase listed below shall be built by the property owner/developer in accordance with the following Phasing Plan and as shown on the Final Site Plan: Phase 1 - Complete all public improvements on Orangewood Avenue and State College Boulevard from Artisan Court to Dupont Drive and complete Artisan Drive adjacent to Phase I as identified on the Phasing Exhibit in the Final Site Plan. Phase 2 - Complete the Public Park as described in Section 9.1 of the Development Agreement and the collector streets on the frontage of the Public Park. Phase 3 - Complete all public improvements required for Dupont Drive. All improvements shall be per the Platinum Triangle Master Land Use Plan and applicable city standards. All improvements shall be per the Platinum Triangle Master Land Use Plan and applicable city standards. Public Works, Development Services 22 Prior to issuance of the first building permit, the property owner/developer shall enter into a reimbursement agreement, in a form approved by the City of Anaheim, to provide for cost sharing for the traffic signal constructed at the intersection of Artisan Court and State College Boulevard. The reimbursement agreement shall be between properties implementing the Platinum Triangle Mixed Use Overlay with primary utilization of this traffic signal (as determined by a traffic study or studies approved by the City of Anaheim (currently identified as, but not limited to, Anavia, The Experience at Gene Autry Way, and Orangewood Apartments). Public Works, Traffic and Transportation Services 23 Prior to City acceptance of the public right-of-way improvements on Artisan Court, two rows of speed lumps, also known as speed cushions, shall be installed on Artisan Court. The speed lumps shall be 200 feet apart, centered between Dupont Drive and the project entry. Public Works, Traffic and Transportation Services -13- PC2012-*** 24 Prior to City acceptance of the public right-of-way improvements for Orangewood Avenue, State College Boulevard, Artisan Court, and Dupont Drive, said streets shall be posted with “No Stopping Any Time” signs and associated red curbs, except, in the locations where Dupont Drive is improved with designated parking stalls. Such signs shall be shown on street improvement plans submitted by the property owner/developer for the review and approval by the Public Works Department. The location of such signs shall be reviewed and approved by the City Traffic Engineering Manager. The property owner/developer shall be responsible for all costs associated with the installation of such signs. Public Works, Traffic and Transportation Services 25 Prior to final building and zoning inspection, the developer shall improve the streets as follows: 1) improve State College Boulevard and Orangewood Avenue per the Platinum Triangle Implementation Master Plan or as approved by the City Engineer (public), 2) improve the interior collector streets (Dupont Drive and Artisan Court per the Connector and Collector Streets requirements of the Platinum Triangle Master Land Use Plan. Public Works, Construction Services and Development Services 26 Prior to release of posted securities, the public improvements shall be constructed by the developer and accepted by Construction Services prior to final zoning and building inspections. Public Works, Development Services [DRAFT] ATTACHMENT NO. 5 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING VARIANCE NO. 2012-04909 AND MAKING FINDINGS IN CONNECTION THEREWITH (LNR PLATINUM STADIUM, LLC) (DEV2012-00014) WHEREAS, the Anaheim City Planning Commission (the "Planning Commission") did receive a verified Petition for Variance No. 2012-04909 to permit a park smaller than allowed by the Anaheim Municipal Code (the "Code") for that certain real property consisting of approximately 14.8 acres and located at 2050 South State College Boulevard and 2015-2125 East Orangewood Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit B ”, attached hereto and incorporated herein by this reference (the "Property"), as part of the development of the Property with 525 residential units within eight buildings up to 4-stories in height with subterranean parking and related improvements (the "Project"); and WHEREAS, the Property is presently developed with one warehouse building to be demolished and vacant land and is located in the Industrial (I) PTMU (Platinum Triangle Mixed Use) Overlay Zone. The Anaheim General Plan designates this Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 “Procedures” of the Code, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning Commission finds and determines that (i) Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304, serves as the appropriate environmental documentation for the proposed variance and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed variance; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed variance; and WHEREAS, the 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 hearing with respect to the request for the variance to permit a park smaller than allowed by the Zoning Code as follows: SECTION NO. 18.20.110.010.0101 Minimum required park size (23,100 square foot park required; 20,899 square foot park proposed) - 2 - PC2012-*** WHEREAS the Planning Commission does hereby find and determine the following facts: 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity because the northeast portion of this parcel is irregularly shaped and not practical for park use. Further, the property has an easement that traverses the property requiring that the project be designed around the easement in order to maintain required open and unobstructed access to the easement area. The provision for enhanced Park amenities, in compensation for its reduced size, and the benefit of improved traffic and pedestrian circulation creates a better site design for the community. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity. No other properties under identical zoning in the vicinity have the limitation of the irregularly shaped parcel further constricted by an easement that bi-sects the parcel. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2012-04909, subject to the conditions of approval as stated in Exhibit C attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further 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 any amendment, modification or revocation 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 this 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 part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. - 3 - PC2012-*** 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 of September 10, 2012. 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 be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September, 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59’ 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59’ 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’ S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17’ 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 23’ 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0° 57’ 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49’ 31" TO THE POINT OF BEGINNING. PARCEL 3: - 6 - PC2012-*** PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCEL 4A: AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCE LLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4B: AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15 FEET OF SAID 243.26 FEET. PARCEL 4C: AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER - 7 - PC2012-*** MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 7° 09’ 10"; THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9° 25’ 28"; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES OF SAID EAST 243.26 FEET. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE SAID EAST 243.26 FEET. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED PARCEL 4B. PARCEL 5: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. - 8 - PC2012-*** EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. [APN: 083-270-67 and 083-270-69 and 083-270-70 and 083-270-71 and 083-270-72 and 083- 270-73 and 083-270-74 and 083-270-75 and 083-270-61 and 083-270-47 and 083-270-37.] - 9 - PC2012-*** EXHIBIT “C” CONDITIONS OF APPROVAL VARIANCE NO. 2012-04909 (DEV2012-00014) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The Public Park recreation amenities shall be designed to the satisfaction of Community Services Department and in substantial conformance with Final Site Plan exhibits. The amenities shall be reviewed and approved by the Community Services Department prior to the issuance of a building permit for the first residential unit in the project’s second phase. Community Services GENERAL 2 That this variance is granted contingent upon the approval of Amended and Restated Development Agreement No. 2006-00002, General Plan Amendment No. 2012- 00485, Revised Tentative Tract Map No. 16860 and Miscellaneous Case No. 2012-05533. Planning Division 3 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7 and as conditioned herein. Planning Division [DRAFT] ATTACHMENT NO. 6 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY-CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 339 AND MITIGATION MONITORING PLAN NO. 304 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND RECOMMENDING CITY COUNCIL APPROVAL OF AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2006-00002 (DEVELOPMENT AGREEMENT NO. 2006-00002B) BY AND BETWEEN THE CITY OF ANAHEIM AND LNR PLATINUM STADIUM, LLC (DEV2012-00014). WHEREAS, on January 8, 2008, the City of Anaheim and Platinum Triangle Partners, LLC entered into that certain Development Agreement No. 2006-00002, which was recorded in the Official Records of the County of Orange, California on January 22, 2008, as Instrument No. 2008000031001 (the “Development Agreement”) with respect to that certain real property located at 2050 South State College Boulevard and 2015-2125 East Orangewood Avenue in the City of Anaheim, County of Orange, State of California, which real property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Development Agreement provided for development of an 878-unit residential project consisting of six development areas, two public parks, new public connector streets and related infrastructure (the "Project"); and WHEREAS, on December 16, 2008, the City Council approved Amendment No. 1 to Development Agreement 2006-00002 ("Amendment No. 1") to extend the Term of the Development Agreement from an initial five-year Term to an initial eight-year Term, thereby extending the overall Term from an initial 15 years to 18 years and, in addition, required the Owner to provide enhanced site screening around the perimeter of the Project. The Development Agreement and Amendment No. 1 shall be referred to herein collectively as the "Existing Development Agreement as Amended"; and WHEREAS, subsequent to recordation of Amendment No. 1, Platinum Triangle Partners, LLC conveyed its right, title and interest in and to the Property and to the Existing Development Agreement as Amended to LNR Platinum Stadium, LLC, a Delaware limited liability company (“Owner”); and WHEREAS, pursuant to Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (the "Code"), Owner submitted a request to (i) modify the site design and product type, (ii) reduce the total number of residential units from 878 to 525 units within eight, 4-story buildings with subterranean parking and related amenities, (iii) revise the public park and the connector street locations, and (iv) permit a smaller park than allowed by the Code, as more particularly set forth in Exhibit B (the "Final Site Plan") of the proposed - 2 - PC2012-*** Amended and Restated Development Agreement in the form presented at the meeting at which this Resolution was adopted (the "Platinum Stadium Apartment Project"); and WHEREAS, on September 6, 2012, the Planning Director approved Final Site Plan No. 2012-00001 to provide for the development of the Platinum Stadium Apartments Project, contingent upon the approval of Amended and Restated Development Agreement No. 2006- 00002 (Development Agreement No. 2006-00002B), General Plan Amendment No. 2012- 00485, Revised Tentative Tract Map No. 16860, Miscellaneous Case No. 2012-00553 and Variance No. 2012-04909; and WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") conducted a public hearing for the proposed Amended and Restated Development Agreement (Development Agreement No. 2006-00002B) (the "Amended and Restated Development Agreement") at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, and considered information presented by City staff and evidence for and against the proposed Amended and Restated Development Agreement; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that the proposed Amended and Restated Development in the form presented at this meeting meets all of the requirements set forth in Resolution No. 82R-565 (the “Procedures Resolution”), which was adopted by the City Council on November 23, 1982; that is: 1. The proposed Amended and Restated Development Agreement is consistent with the City’s General Plan in that it is in conformance with the General Plan Mixed Use land use designation for the Property and with the goals, policies, programs and objectives specified in the General Plan. 2. The proposed Amended and Restated Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district in which the Project is and will be located, and is consistent with the Platinum Triangle Mixed Use Overlay requirements. 3. The proposed Amended and Restated Development Agreement is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements the Platinum Triangle Mixed Use Overlay Zone requirements. 4. The proposed Amended and Restated Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. The approval of the proposed Amended and Restated Development Agreement constitutes a lawful, present exercise of the City’s police power and authority under the Procedures Resolution. - 3 - PC2012-*** WHEREAS, due to the nature of the proposed Amended and Restated Development Agreement, this Planning Commission finds and determines that (i) Final Environmental Impact Report No. 339, together with Mitigation Monitoring Program No. 304, serves as the appropriate environmental documentation for the proposed Amended and Restated Development Agreement and satisfies all the requirements of the California Environmental Quality Act (“CEQA”); (ii) none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Amended and Restated Development Agreement; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Amended and Restated Development Agreement. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby recommend that the City Council approve and adopt Amended and Restated Development Agreement (Development Agreement No. 2006-00002B) in the form presented at this meeting. 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 proposed Amended and Restated Development Agreement, which are also set forth in Exhibit C attached hereto. Should any such condition, or any part thereof, be declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** - 6 - PC2012-*** EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89° 59’ 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89° 59’ 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’ S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16° 17’ 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 23’ 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0° 57’ 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 49’ 31" TO THE POINT OF BEGINNING. - 7 - PC2012-*** PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCEL 4A: AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4B: AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15 FEET OF SAID 243.26 FEET. PARCEL 4C: AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS FOLLOWS: - 8 - PC2012-*** THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 7° 09’ 10"; THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9° 25’ 28"; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES OF SAID EAST 243.26 FEET. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE SAID EAST 243.26 FEET. ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED PARCEL 4B. PARCEL 5: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE - 9 - PC2012-*** OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. [APN: 083-270-67 and 083-270-69 and 083-270-70 and 083-270-71 and 083-270-72 and 083- 270-73 and 083-270-74 and 083-270-75 and 083-270-61 and 083-270-47 and 083-270-37.] - 10 - PC2012-*** EXHIBIT “C” AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2006-00002 (DEVELOPMENT AGREEMENT NO. 2006-00002B) (DEV2012-00014) NOTE: Mitigation Measures (“MM”), from Mitigation Monitoring Program No. 304 are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers. NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A GRADING PERMIT OR DEMOLITION PERMITS 1 (MM2-3) Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the property owner/developer shall submit Demolition and Import/Export Plans detailing construction and demolition (C&D) recycling and waste reduction measures to be implemented to recover C&D materials. These plans shall 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. Planning Division Traffic and Transportation 2 (MM3-1) The property owner/developer shall submit plans documenting that the design of all aboveground structures (with the exception of parking structures) shall be at least three feet higher that the 100-year flood zone, where applicable, unless otherwise required by the City Engineer. All structures below this level shall be flood proofed to prevent damage to property or harm to people. Development Services 3 (MM 3-2) At least 90 days prior to the initiation of grading activities, for projects greater than one acre, Development Services - 11 - PC2012-*** coverage for the project must be obtained by electronically submitting permit registration documents to the State or obtaining coverage via current general construction permit prescribed method by the property owner/developer pursuant to State and Federal National Pollution Discharge Elimination System (NPDES) requirements. As part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner/developer shall also prepare and 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. 4 (MM10-1) The City Engineer shall review the location of each project to determine if it is located within an area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Additionally, the property owner/developer shall participate in the Development Services - 12 - PC2012-*** 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. 5 (MM10-3) Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall contact Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if requested by the OCSD, the property owner/developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD’s modeling results. Development Services 6 (MM10-6) Prior to issuance of a building permit, additional analysis shall be performed 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. Development Services 7 (MM10-8) Prior to the issuance of the first building permit, the property owner/developer shall provide engineering studies, including network analysis, to size the water mains for ultimate development within the project. This includes detailed water usage analysis and building plans for Public Utilities Water Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. Water Engineering Division 8 (MM10-9) Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) Water Engineering 9 The property owner shall comply with Rule 15D of the Water Utilities Rates, Rules, and Regulations and pay all applicable water assessment fees. Water Engineering 10 (MM10-13) Prior to issuance of a building permit or grading permit, whichever occurs first, the property Resource Efficiency - 13 - PC2012-*** 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. 11 (MM10-14) Prior to issuance of a building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation lines and use recycled water when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. The property owner/developer shall contact the Public Utilities Department, Water Engineering Division, for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Water Engineering 12 (MM10-17) Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office. The property owner/developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones of the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area, prior to acceptance for maintenance of public improvements by the City or final Building Development Services - 14 - PC2012-*** and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 13 (MM 10-20) Prior to the approval of each grading plan (for import/export plan) and prior to issuance of demolition permits (for demolition plans), the property owner/developer shall submit a Demolition and Import/ Export Plans, if determined to be necessary by the Public Works Department, Traffic Engineering Division and/or Street and Sanitation Division. The plans shall include identification of off-site locations for 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. Streets and Sanitation Planning Division Traffic and Transportation 14 (MM10-23) Prior to issuance of each building permit or grading permit, whichever occurs first, the property owner/developer shall install their portion of the underground electrical service from the Public Utilities Distribution System as determined by the City of Anaheim Public Utilities Department. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications of Underground Systems. Electrical service fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. The underground electrical service will consist of the following improvements to the current electric facilities: Electrical Engineering - 15 - PC2012-*** • Relocate Southern California Edison transmission line underground on Katella Avenue from west of the Union Pacific Railroad to Lewis Street (850 feet). • Relocate Southern California Edison communication line underground on Katella Avenue from Lewis Street to east of State College Boulevard (2,400 feet). • A new distribution duct bank on Katella Avenue from Lewis Street to 700 feet west of State College Boulevard (2,400 feet). • Relocate distribution circuits underground on Katella Avenue from Lewis Street to 700 feet west of State College Boulevard (2,400 feet). • A new distribution duct bank on Orangewood Avenue from Anaheim Way to State College Boulevard (1,500 feet). • Relocation a distribution circuit underground on Orangewood Avenue from State College Boulevard to west of the Santa Ana River (1,600 feet). • A new distribution duct bank on Gene Autry Way from I-5 to State College Boulevard (2,500 feet). • A new distribution duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • A new distribution duct bank on Lewis Street from Katella Avenue to Gene Autry Way (950 feet). • Relocate a distribution circuit underground on Douglas Street from Katella Avenue to Cerritos Avenue (1,000 feet). 15 (MM10-25) Prior to issuance of each building permit or grading permit, whichever occurs first, the property owner/developer shall install their portion of the underground electrical service from the Electrical Engineering - 16 - PC2012-*** Public Utilities Distribution System as determined by the City of Anaheim Public Utilities Department. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications of Underground Systems. Electrical service fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. The underground electrical service will consist of the following improvements to the current electric facilities: • Two new distribution duct banks on Katella Avenue from Anaheim Way to Lewis Street (800 feet). • A new distribution duct bank on Katella Ave nue from Douglas Road to Howell Avenue (2,000 feet). • A new distribution duct bank on State College Boulevard from Cerritos Avenue to Katella Avenue (2,600 feet). • A new distribution duct bank on Orangewood Avenue from I-5 to the Santa Ana River (4,800 feet). • A new distribution duct bank on Gene Autry Way from Haster Street to the east side of I-5 (2,500 feet). • A new distribution duct bank on Gene Autry Way from I-5 to State College Boulevard (2,500 feet). • A new transmission duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • A new transmission duct bank on Lewis Street and Santa Cruz Street from Katella Avenue to Orangewood Avenue (3,000 feet). • A new distribution duct bank on the east side of the Angel Stadium parking lot from Orangewood Avenue to the SR-57 (2,000 feet). A new distribution duct bank on Douglas Road from SR-57 to Cerritos Avenue (4,000 feet). - 17 - PC2012-*** 16 Prior to the approval of the final Tract map, the property owner/developer shall submit a focused project access analysis that addresses project access to the internal street system and the local arterial street system, project circulation, cumulative effects of on-site development to the phasing of internal streets (if project will be constructed in phases), loading areas, delivery areas, gate stacking requirements, left turn pocket lengths at two signalized intersections providing access to the site, and pedestrian linkages throughout the site. Traffic and Transportation Services 17 Prior to issuance of the grading permit and right-of- way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Development Services 18 Prior to issuance of the grading permit, the property owner shall submit project improvement plans that incorporate the required drainage improvements, and the mechanisms proposed in the approved Drainage Report. No offsite run-off shall be blocked during and after grading operations or perimeter wall construction. Development Services PRIOR TO ISSUANCE OF A BUILDING PERMIT 19 (MM2-4) The property owner/developer shall submit evidence that high-solids or water-based low emissions paints and coatings are utilized in the design and construction of buildings, in compliance with South Coast Air Quality Management District’s regulations. This information shall be denoted on the project plans and specifications. Additionally, the property owner/developer’s shall specify the use of high- volume/low-pressure spray equipment or hand application. Air-atomized spray techniques shall not be permitted. Plans shall also show that property owner/developers shall construct/build with materials that do not require painting, or use prepainted construction materials, to the extent feasible. South Coast Air Quality Management District 20 The property owner/architect shall submit energy - 18 - PC2012-*** (MM2-6) calculations used to demonstrate compliance with the performance approach to the California Energy Efficiency Standards to the Building Division that shows each new structure exceeds the applicable Building and Energy Efficiency Standards by a minimum of 10 percent at the time of the building permit. Prior to issuance of a building permit, plans shall show the following: a) Energy-efficient roofing systems, such as vegetated or “cool” roofs, that reduce roof temperatures significantly during the summer and; therefore, reduce the energy requirement for air conditioning. Examples of energy efficient building materials and suppliers can be found at the following 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. Building Division - 19 - PC2012-*** 21 (MM5-1) Prior to approval of street improvement plans for any project-related roadway widening, the City shall retain a qualified acoustic engineer to design project acoustical features that will limit traffic noise at noise sensitive uses to levels that are below the City’s noise ordinance. These treatments shall be noted on the street improvement plans to the satisfaction of the Planning Department and may include, but are not limited to, the replacement of windows and doors at existing residences with acoustically rated windows and doors. Development Services Building Division 22 (MM10-4) Prior to approval of sanitary sewer connections for each development project, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer spill for below-grade structures of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when they are above the pipe crown. Public Works Department, Development Services Division 23 (MM5-2) The project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound- attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, stadium, etc.), and railroad, to meet City interior noise standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from Building Division - 20 - PC2012-*** stadium event noise and train horns such that interior single-event noise levels are below 81 dBA Lmax . The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. 24 (MM5-5) To reduce noise and vibration impacts from the 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. Building Division 25 (MM7-1) Plans shall indicate that all buildings shall have fire sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed by the property owner/developer prior to each final Building and Zoning inspection. Fire Department 26 (MM7-2) The property owner/developer shall pay the Public Safety Impact Fee, as amended from time to time, for fire facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. Fire Department 27 (MM7-3) The property owner/developer shall submit plans to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including implementation of Ordinance 6016 and the concept of crime prevention through environmental design (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 Police Department - 21 - PC2012-*** 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. 28 (MM7-4) For a parking structure, the property owner/developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. Police Department 29 (MM7-5) The property owner/developer shall submit design plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the review and approval of the Anaheim Police Department. Police Department 30 (MM7-9) The property owner/developer shall pay the school impact fees as adopted by the Board of Trustees of the Anaheim Union High School District and Anaheim City School District in compliance with Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). Community Development Building Division 31 (MM9-4) The property owner/developer shall pay the appropriate Traffic Signal Assessment Fees, 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. Traffic and Transportation 32 (MM9-5) Prior to approval of the first building permit the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Traffic and Transportation - 22 - PC2012-*** Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan. 33 (MM 9-6) Any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, property owner/developers shall prepare traffic improvement phasing analyses to identify when the improvements identified in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parson Brinckerhoff, August 2010 (Appendix F of this SEIR) shall be designed and constructed. The Development Agreement Conditions of Approval shall require the property owner/developer to implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City’s General Plan, based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The Development Agreement Conditions of Approval shall require the property owner/developer to construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. Traffic and Transportation 34 (MM9-7) In conjunction with the preparation of any traffic improvement phasing analyses as required in 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 of Mitigation Monitoring Plan No. 106C. Traffic and Transportation - 23 - PC2012-*** 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. 35 (MM9-8) In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, the following actions shall be taken in cooperation with the City of Orange: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair-share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b) The City of Anaheim shall estimate the cost of the project’s fair-share responsibility in cooperation with the City of Orange. c) The Proposed Project shall pay the City of 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. Traffic and Transportation - 24 - PC2012-*** 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. 36 (MM9-9) In conjunction with the preparation of any traffic improvement phasing analyses as required in 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. Development Services 37 (MM9-10) Prior to the approval of a building permit the property owner/developer shall pay the 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. Traffic and Transportation 38 (MM9-11) Prior to approval of the first building permit the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Traffic and Transportation - 25 - PC2012-*** 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. 39 (MM9-12) Subsequent to the certification of the FEIR, and prior to the approval of the first Development Agreement, if the costs of the identified 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. Traffic and Transportation Division 40 (MM9-14) Prior to issuance of the first building permit for each building, the property owner/developer shall pay the appropriate Traffic Signal Assessment Fees, 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. Traffic and Transportation Division 41 (MM9-15) The property owner/developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). Traffic and Transportation Orange County Transportation Authority (OCTA) 42 (MM10-7) Landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Resource Efficiency Public Works, Development - 26 - PC2012-*** Water Efficient Landscape Ordinance (AB 1881). Among the measures to be implemented with the project are the following: • Use of water-conserving landscape plant materials wherever feasible; • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas; • Low-flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self-closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets and urinals; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water-efficient dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low-flow sprinkler heads in irrigation system; • Use of waterway recirculation systems; • Provide information to the public in conspicuous places regarding water conservation; and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. Services 43 (MM 10-12) Submitted landscape plans for all residential, 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. Resource Efficiency - 27 - PC2012-*** 44 (MM10-18) The property owner/developer shall submit project plans to the Streets and Sanitation Division of the 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 as may be developed by the City or governing agency. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for non- recyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on-site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick-up. Ensuring hazardous materials disposal complies with federal, state, and city regulations. Streets and Sanitation 45 (MM 10-21) The property owner/developer shall submit plans showing that each structure will exceed the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations) by a minimum of 10 percent and will consult with the City of Anaheim Public Utilities Department Business and Community Programs Division. This consultation shall take place during project design in order to review Title 24 measures that are incorporated into the project design energy efficient practices and allow Business and Community Programs - 28 - PC2012-*** potential system alternatives such as thermal energy storage air-conditioning, lighting, and building envelope options. Plans submitted for building permits shall show the proposed energy efficiencies and systems alternatives. 46 (MM 10-22) The property owner/developer shall indicate on 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 cycle. • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors/separable activity areas. • Specification of premium-efficiency electric motors (i.e., compressor motors, air-handling units, and fan-coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps. • Use of cold cathode fluorescent lamps. • Use of EnergyStar ® exit lighting or exit signage. • Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of lighting power controllers in association with metal-halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for spaces or facilities that may require air-conditioning during summer, day-peak periods. • Consideration for participation in Advantage Services Programs such as: Business and Community Programs - 29 - PC2012-*** o New construction design review, in which the City cost-shares engineering for up to $15,000 for design of energy efficient buildings and systems. o New Construction – Cash incentives $400 per kW or $0.15 per kWh saved for each measure and up to $200,000 per facility for efficiency that exceed Title 24 requirements. o Green Building Program – Offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. • Use of high efficiency toilets (1.28 gallons per flush [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. 47 (MM 10-24) The property owner/developer shall submit plans for review and approval which shall ensure that buildings exceed the State Energy Efficiency Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code) by a minimum of 10 percent. Business and Community Programs 48 (MM10-26) Prior to issuance of each building permit or grading permit, the property owner/developer shall provide an electrical load analysis to the City of Anaheim Public Utilities Department (APUD). The analysis shall include a load schedule and maximum electrical coincident demand. Should the property owner/developer’s load analysis result in a contributed load forecasted to exceed 20 MVA above the existing 40 MVA capacity of the electrical system currently serving the Platinum Triangle area, the APUD will initiate construction of a new electrical substation within the Platinum Triangle project area. Electrical service fees and other applicable fees for the electrical substation will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial Electrical Engineering - 30 - PC2012-*** mechanism approved by the City design features. 49 The property owner/developer shall submit a plan to the Water Engineering Division of the Public Utilities Department showing the individual water service installations required to serve each building, including locations of proposed large meters with easements, small meters, and fire lines with backflow devices. The plan shall demonstrate that all backflow devices will be located aboveground outside the street setback area in a manner fully screened from all public streets and in locations approved by the Public Utilities Department and the Planning Department. The plans shall also demonstrate that any existing water services, fire lines, and backflow devices conform to current Water Utility Standards and/or existing water services and/or fire lines that are not approved for continued use by Water Engineering shall be upgraded to current standards, or abandoned, if no longer needed, by the property owner/developer. Water Engineering 50 Prior to issuance of a building permit, the property owner/developer shall pay his project’s proportionate share of the cost to prepare the Water Supply Assessment for the Platinum Triangle SEIR No. 339. Water Engineering 51 The Owner shall submit a water system master plan, including hydraulic distribution network analysis and estimates of the maximum required fire flow rate and the maximum day and peak hour water demands for the development to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements without reducing existing service levels or impacting any existing water supply or conveyance facilities. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. Water Engineering A water improvement plan shall be submitted to Water Engineering - 31 - PC2012-*** 52 the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim 53 A minimum of two (2) connections to the public water system and water line looping shall be provided. One water connection shall be provided at State College Boulevard. The other connection shall be provided at Orangewood Avenue. The public water main in DuPont Drive shall be a minimum of 12-inches in diameter and sized to handle the demands of both TTM No. 16860 (DAG2006-00002B) and 2211 E. Orangewood Avenue (DAG2006-00003). • Maintain 10 ft of minimum horizontal clearance (outside to outside) between Sewer and Water line. • Maintain a minimum 3 ft horizontal clearance between proposed water main and proposed curb face. • Maintain 5 ft of minimum horizontal clearance (outside to outside) between Water line and all other utilities (except Sewer). No water mains or laterals allowed under parking stalls or parking lots. Water Engineering 54 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering 55 Prior to issuance of a building permit it the following shall be determined: 1) No public water mains or public water facilities shall be installed in any alleys or paseos. 2) No water mains or laterals allowed under parking stalls. 3) Separate services shall be installed for Water Engineering - 32 - PC2012-*** domestic and fire water. 4) All fire services 2-inch and smaller shall be metered with a UL listed meter, Hershey Residential Fire Meter with Translator Register, no equals. 5) Large water meters shall be located on private property in an easement, outside of the setback area. 6) Lead-free backflow prevention assemblies meeting the City of Anaheim’s current standards shall be installed at all domestic water service meters. Backflow prevention assemblies meeting the City of Anaheim’s current standards shall be installed at all fire and irrigation services. Additionally, the location and type of all meters and backflow prevention assemblies shall be subject to the review and approval of Anaheim Water Engineering during the final design stage. 7) Although the conceptual water system layout is acceptable to Anaheim Water Engineering, the final alignment and layout shall be subject to the review and approval of Anaheim Water Engineering during the final design phase. 56 Owner/developer shall acquire and provide an easement to the City of Anaheim for all locations where public water main crosses Orange County Flood Control District Right-of-Way and facilities (both existing AND proposed flood facilities). The City will cooperate and assist in the acquisition of the easement. Water Engineering 57 The City’s grant easement deed language requirements (i.e., City is ONLY responsible for replacing asphalt paving when it makes repairs or replacements to public water facilities in private streets, it is NOT responsible for slurry sealing, replacing concrete, pavers, or any other decorative hardscape, walls, or landscaping) shall be included in easement deeds for all public water facilities located on private property. Water Engineering 58 The applicant shall demonstrate to the City that Water Engineering - 33 - PC2012-*** adequate water supply exists to serve the Proposed Project. If it cannot be demonstrated that adequate water exists to serve the specific project, the project shall not be approved. 59 “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. Police Department 60 All entrances to parking areas should be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner’s/manager’s request. Police Department 61 The proposed project shall comply with all State Energy Insulation Standards and City of Anaheim 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.) Electrical Engineering 62 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Electrical Engineering 63 That curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Transportation and Traffic 64 That prior to issuance of building permits, plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. Traffic and Transportation 65 That prior to issuance of the a building permit for the parking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Traffic and Transportation - 34 - PC2012-*** 66 Prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Development Services 67 Prior to issuance of a building permit, the developer shall submit to the Public Works Department, Development Services Division street improvement plans for the work on State College Boulevard, Orangewood Avenue, Artisan Court and Dupont Drive including but not limited to curb and gutter, sidewalk and landscape, storm drain and sewer facilities, and traffic signals. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway. Development Services 68 Prior to issuance of a building permit, the developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. Development Services 69 Prior to issuance of building permits, plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. Public Works, Traffic and Transportation Services 70 Prior to issuance of the a building permit for the parking structure, plans shall demonstrate that at- grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Traffic and Transportation Services 71 The Public Park recreation amenities shall be designed to the satisfaction of Community Services Department and in substantial conformance with Final Site Plan exhibits. Community Services ON-GOING DURING GRADING AND CONSTRUCTION 72 (MM 2-1) The property owner/developer shall be responsible for requiring contractors to implement the following measures to reduce construction-related emissions; however, the resultant value is South Coast Air Quality Management District - 35 - PC2012-*** expected to remain significant. a) The contractor shall ensure that all construction equipment is being properly serviced and maintained in accordance with the manufacturer’s recommendations to reduce operational emissions. b) The contractor shall use Tier 3 or higher, as identified by the United States Environmental Protection Agency, off-road construction equipment with higher air pollutant emissions standards for equipment greater than 50 horsepower, based on manufacturer’s availability. c) The contractor shall utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary diesel- power generators, where feasible. Public Works Department Building Division 73 (MM 2-2) The property owner/developer shall implement the following measures in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PM 10 and PM 2.5 emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: a) During all grading activities, the property owner/developer’s construction contractor shall re-establish ground cover on the construction site through seeding and watering as quickly as possible to achieve minimum control efficiency for PM 10 of 5 percent. b) During all grading activities, the property owner/developer’s construction contractor shall apply chemical soil stabilizers Pave to on-site haul roads to achieve control efficiency for PM 10 of 85 percent compared to travel on unpaved, untreated roads. c) The property owner/developer’s construction contractor shall phase grading to prevent the susceptibility of large areas South Coast Air Quality Management District Public Works Department Building Division - 36 - PC2012-*** 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 PM 10 efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. f) During active demolition and debris removal and grading, the property owner/developer’s construction contractor shall suspend demolition and grading operations when wind speeds exceed 25 miles per hour to achieve an emissions control efficiency for PM 10 under worst- case wind conditions of 98 percent. g) During all construction activities, the property owner/developer’s construction contractor shall maintain a minimum 12- inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means to achieve a control efficiency for PM 10 of 91 percent. an h) During all construction activities, the property owner/developer’s construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site to achieve an emissions reduction control efficiency for PM 10 of 61 percent. i) During active demolition and debris removal, the property owner/developer’s construction contractor shall apply water to disturbed soils at the end of each day to achieve an emission control efficiency for PM 10 of 10 percent. j) During scraper unloading and loading, the property owner/developer’s construction contractor shall ensure that actively disturbed areas maintain a minimum soil - 37 - PC2012-*** moisture content of 12 percent by use of a moveable sprinkler system or water truck to achieve a control efficiency for PM 10 of 69 percent. k) During all construction activities, the property owner/developer’s construction contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15 miles per hour to achieve a control efficiency for PM 10 of 57 percent. 74 (MM5-7) Ongoing during grading, demolition, and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: a) Noise generated by construction, shall be limited by the property owner/developer to 60 dBA along the property boundaries, 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. Building Division Development Services 75 Through specific study of this project site, by a certified archaeologist, it has been determined that no known cultural resources are located in this area. However, should artifacts be uncovered during grading or excavation, the developer shall have a certified archaeologist ensure that the following actions are implemented: a) that the project shall be temporarily halted or work redirected to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the City for exploration and/or salvage; Building Division Development Services - 38 - PC2012-*** b) Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution; c) Any archaeological work at the project site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological observer is not present, grading shall be diverted around the area until the observer can survey the area; and d) A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted ON-GOING DURING CONSTRUCTION ACTIVITIES 76 (MM5-8) The property owner/developer shall be responsible for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. Building Division 77 (MM5-9) The property owner/developer shall be responsible for requiring project contractors to locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from occupied noise-sensitive receptors as is feasible. Building Division 78 (MM5-10) Material delivery, soil haul trucks, and equipment servicing shall also be restricted to the hours set forth in the City of Anaheim Municipal Code, Section 6.70. Building Division PRIOR TO APPROVAL AND ON-GOING DURING CONSTRUCTION 79 (MM10-2) Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or are making other improvements, the City and/or property owner/developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. Development Services - 39 - PC2012-*** 80 (MM10-5) Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where OCSD will be upsizing trunk lines and/or are making other improvements, the City and/or property owner shall coordinate with OCSD to ensure that backflow prevention devices are installed by OCSD at the lateral connections to prevent surcharge flow from entering private properties. Streets and Sanitation Orange County Sanitation District PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 81 (MM 2-5) In accordance with the timing required by the Traffic and Transportation Manager, but no later than prior to the first final Building and Zoning inspection, the property owner/developer shall implement the following measures to reduce long- term operational CO, NO X , ROG, and PM 10 emissions: • Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 and Master Plan of Arterial Highways (MPAH ) shall be implemented as required by the Traffic and Transportation Manager. The property owner/contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. Traffic and Transportation 82 That prior to the final building and zoning inspection, in the event that the adjacent Orangewood Apartments project has not completed the following improvements, the property owner/developer shall: a) install a traffic signal at the intersection of Dupont Drive and Orangewood Avenue; and (b) construct Dupont Drive as identified on the Site Plan. Traffic and Transportation 83 That prior to City acceptance of the public right- of-way improvements on Artisan Court, two rows Traffic and Transportation - 40 - PC2012-*** of speed lumps, also known as speed cushions, shall be installed on Artisan Court. The speed lumps shall be 200 feet apart, centered between Dupont Drive and the project entry. 84 That prior to City acceptance of the public right- of-way improvements for Orangewood Avenue, State College Boulevard, Artisan Court, and Dupont Drive, said streets shall be posted with “No Stopping Any Time” signs and associated red curbs, except, in the locations where Artisan Court and Dupont Drive are improved with designated parking stalls. Such signs shall be shown on street improvement plans submitted by the property owner/developer for the review and approval by the Public Works Department. The location of such signs shall be reviewed and approved by the City Traffic Engineering Manager. The property owner/developer shall be responsible for all costs associated with the installation of such signs. Traffic and Transportation 85 (MM 5-3) The property owner/developer shall submit evidence to the satisfaction of the Planning 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. Building Division 86 (MM 5-4) The property owner/developer shall submit evidence to the satisfaction of the Planning Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during Stadium nearby venue events. Building Division 87 A parking management plan shall be submitted for review and approval by the City Engineer prior to the project receiving a certificate of occupancy. Planning Division & Traffic and Transportation Division 88 That prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Traffic and Transportation Division 89 Prior to the final building and zoning inspections, the public improvements for each phase listed below shall be built by the property owner/developer in accordance with the following Development Services - 41 - PC2012-*** Phasing Plan and as shown on the Final Site Plan: Phase 1 - Complete all public improvements on Orangewood Avenue and State College Boulevard from Artisan Court to Dupont Drive and complete Artisan Drive adjacent to Phase I as identified on the Phasing Exhibit in the Final Site Plan. Phase 2 - Complete the Public Park as described in Section 9.1 of the Development Agreement and the collector streets on the frontage of the Public Park. Phase 3 - Complete all public improvements required for Dupont Drive. All improvements shall be per the Platinum Triangle Master Land Use Plan and applicable city standards. 90 Prior to the final building and zoning inspection, in the event that the adjacent Orangewood Apartments project has not completed the following improvements, the property owner/developer shall: (a) install a traffic signal at the intersection of Dupont Drive and Orangewood Avenue; and (b) construct Dupont Drive as identified on the Site Plan. Traffic and Transportation Services 91 Prior to City acceptance of the public right-of-way improvements on Artisan Court, two rows of speed lumps, also known as speed cushions, shall be installed on Artisan Court. The speed lumps shall be 200 feet apart, centered between Dupont Drive and the project entry. Traffic and Transportation Services 92 Prior to final building and zoning inspection, the developer shall improve the streets as follows: 1) improve State College Boulevard and Orangewood Avenue per the Platinum Triangle Implementation Master Plan or as approved by the City Engineer (public), 2) improve the interior collector streets (Dupont Drive and Artisan Court per the Connector and Collector Streets requirements of the Platinum Triangle Master Land Use Plan. Public Works, Construction Services and Development Services - 42 - PC2012-*** 93 Prior to release of posted securities, the public improvements shall be constructed by the developer and accepted by Construction Services prior to final zoning and building inspections. Development Services 94 If required, prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Electrical Engineering 95 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Electrical Engineering PRIOR TO FINAL MAP APPROVAL 96 The vehicular access rights to State College Boulevard and Orangewood Avenue shall be released and relinquished to the City of Anaheim. Also, the vehicular access rights to Artisan Court and Dupont Drive, except at the private street openings, shall be released and relinquished to the City of Anaheim. Development Services 97 Prior to final map approval, all existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Development Services 98 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, and private storm drain improvements; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on State College Boulevard, Orangewood Avenue, Artisan Court and Dupont Drive and all letter lots, the private street name signs and the Private Streets. The covenant shall be recorded concurrently with the final map. Development Services 99 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s Development Services - 43 - PC2012-*** expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. In lieu of a Subdivision Agreement, an amended Development Agreement can be utilized to satisfy this condition of approval. 100 Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall 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. Development Services 101 Prior to the approval of a final subdivision map, in the event that the adjacent Orangewood Apartments project (APN 083-27-048) has not completed the improvements on Dupont Drive, the property owner/developer shall acquire any right(s) of way lying outside the Tract Map boundary necessary to construct Dupont Drive to full width as identified in the Platinum Triangle Master Land Use Plan and City Public Works Standards. Development Services 102 The portion of Dupont Drive lying outside the Tract Map boundary shall be dedicated to the City of Anaheim for public road, public utilities and other public purposes prior to or concurrently with the recordation of the Tract Map. Development Services 103 Prior to the approval of the final Tract map, the property owner/developer shall submit a focused project access analysis that addresses project access to the internal street system and the local arterial street system, project circulation, cumulative effects of on-site development to the phasing of internal streets (if project will be constructed in phases), loading areas, delivery areas, gate stacking requirements, left turn pocket lengths at two signalized intersections providing access to the site, and pedestrian linkages throughout the site. Traffic and Transportation Services 104 Prior to the approval of the final subdivision map or issuance of a building permit, whichever occurs Traffic and - 44 - PC2012-*** first, the property owner/developer shall pay the identified fair share responsibility as determined by the City as set forth in Mitigation Measures 9-7 and 9-8 of MMP 106C. The City shall allocate the property owners/developers fair share contribution to traffic mitigation programs that result in improved traffic flow, via an agreement mutually acceptable to Caltrans and the City. These improvements consist of any potential mitigation measures identified in the updated traffic study. Transportation Services 105 It is the responsibility of the owner to remove, relocate, and/or upgrade any traffic signal poles and equipment at the intersection of State College Boulevard at Orangewood Avenue and State College Boulevard at Artisan Court at the owner’s expense. Traffic and Transportation Services GENERAL 106 (MM7-6) Ongoing during project operation, if the Anaheim Police Department of Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services Police Traffic Management 107 (MM10-19) Ongoing during project operations, the following practices shall be implemented, as feasible, by the property owner/developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials, such as aluminum 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. Streets and Sanitation 108 (MM10-11) Mitigation measures for greenhouse gas emissions are comprised of mitigation measures used for other environmental topical sections of this EIR and are listed above. These mitigation measures, specified on Table 1-1 in the Executive Summary of the Draft SEIR, would reduce GHG emissions Responsible parties are identified for each individual mitigation measure. - 45 - PC2012-*** associated with the project and are consistent with the California Attorney General’s mitigation measures for energy efficiency, renewable energy and storage, water conservation and efficiency, solid waste, land use, transportation and motor vehicle, and agriculture and forestry measures. There are no additional mitigation measures identified for the reduction of greenhouse gas emissions impacts. 109 Ongoing during business operations and in accordance with the Development Requirements and Maintenance Obligations, OWNER shall be responsible for restoring any special surface improvements other than asphalt paving within the right-of-way, City water easements, Public Utility easements, private roads, alleys and driveways, including but not limited to colored concrete, stamped concrete, bricks, pavers, concrete, walls, or 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 project. Water Engineering 110 The Planning Director has the authority to grant the modification of the timing of any of the conditions of approval, provided said modification does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modification shall be in writing and shall clearly identify the reason for the modification. Appeal of such decision shall be provided pursuant to Section 18.60.135 (Appeals – Planning Director Decisions) of the Anaheim Municipal Code. Planning Division 111 That it is the responsibility of the owner to remove, relocate, and/or upgrade any traffic signal poles and equipment at the intersection of State College Boulevard at Orangewood Avenue and State College Boulevard at Artisan Court at the owner’s expense. Traffic and Transportation Services 112 The subject property shall be developed substantially in accordance with plans and Planning Division - 46 - PC2012-*** specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan), Exhibit No. 2 (Tentative Tract Map), Exhibit No. 3, Floor & Parking Plans), Exhibit No. 4 (Detailed Floor Plans), Exhibit No. 5 (Elevations), Exhibit No. 6 (Landscape Plans), Exhibit No.7 ( Materials Board), and as conditioned herein. ATTACHMENT NO. 7 ATTACHMENT NO. 8 Order Number: NCS-558447-SA1 Page Number: 1 First American Title Insurance Company First American Title Insurance Company National Commercial Services 5 First American Way Santa Ana, CA 92707 August 07, 2012 Michael Schlesinger LNR Property Corporation 4350 Von Karman Avenue, Suite 200 Newport Beach, CA 92660-2041 Phone: (949)885-8234 Fax: (949)885-8501 Customer Reference: LNR Platinum Stadium Title Officer: Kristen Hueter Phone: (714)250-8358 Fax No.: (877)372-0256 E-Mail: khueter@firstam.com Buyer: Owner: LNR Platinum Stadium, LLC Property: Vacant Land, Anaheim, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deducti ble Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. Order Number: NCS-558447-SA1 Page Number: 2 First American Title Insurance Company It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Order Number: NCS-558447-SA1 Page Number: 3 First American Title Insurance Company Dated as of July 26, 2012 at 4:30 P.M. The form of Policy of title insurance contemplated by this report is: ALTA Extended Owner Policy - 2006 ALTA Extended Loan Policy- 2006 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: LNR Platinum Stadium, LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple as to Parcels 1, 2, 3, 4, 5, 6 and 7, an easement as to Parcels 3A, 4A, 4B, 4C and 6A. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or payable. 2. Real property taxes are currently assessed under the State Board of Equalization Public Utility Tax Roll; Code Area No. 804-30-7P-18. Which includes this and other property; for full particulars, please contact the State Board of Equalization Property Tax Validation Division, Telephone Number (916) 322-2323. Additional information to follow upon request. 083-271-37 (Affects: A portion of Parcel 1); 083-270-61 (Affects: A portion of Parcel 3); 083-270- 72 (Affects: A portion of Parcel 4) and 083-270-71 (Affects: A portion of Parcel 4) 3. This item has been intentionally deleted. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 08-1 (Platinum Triangle), as disclosed by Notice of Special Tax Lien recorded August 12, 2008 as Instrument No. 2008000383751 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code arising as a result of changes in ownership or new construction occurring on or after the Date of Policy, none due and payable as of the Date of Policy. 6. Water rights, claims or title to water, whether or not shown by the public records. Order Number: NCS-558447-SA1 Page Number: 4 First American Title Insurance Company 7. This item has been intentionally deleted. 8. This item has been intentionally deleted. 9. Rights of World of Decor, Inc., in possession of the Land as disclosed to the Company. The Following Matters Affect Parcels 1 and 2: 10. A right of way over said land for poles lines and incidental purposes as conveyed to the Southern Sierras Power Company by deed recorded October 23, 1928 in Book 212, Page 99 of Official Records, the center line of said right of way is described as follows: Beginning at the West line at a point 630 feet North of the Southwest corner of Lot 3 and running thence East parallel to and 630 feet North of the South line of said Lot 3, a distance of 1304.6 feet. Note: all right, title and interest in said right of way has been conveyed to Southern California Edison Company, a corporation, by a Quitclaim Deed recorded April 10, 1963 in Book 6503, Page 518 of Official Records. 11. An easement for pole lines and incidental purposes, recorded October 04, 1950 as Instrument No. 21427 of Torrens. In Favor of: Southern California Edison Company Affects: The South 30 feet of Parcel 1 12. This item has been intentionally deleted. 13. An easement for road, public utility and incidental purposes, recorded June 27, 1962 in Book 6159, Page 450 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: The Southerly 45 feet of said Parcel 1 The Following Matters Affect Parcel 3: 14. A right of way over a portion of Parcel A for pole lines and incidental purposes as conveyed to the Southern Sierras Power Company, by deed recorded October 23, 1928 in Book 212, Page 99 of Official Records, the centerline of said right of way is described as follows: Beginning at the West line at a point 630 feet North of the Southwest corner of Lot 3 running thence East parallel to and 630 feet North of the South line of said Lot 3 a distance of 1304.6 feet. 15. An easement for either or both pole lines, conduit and incidental purposes, recorded April 04, 1963 in Book 6496, Page 110 of Official Records. In Favor of: Southern California Edison Company Affects: As described therein 16. The effect of a map purporting to show the land and other property, filed in Book 72, Page 18 of Record of Surveys. Order Number: NCS-558447-SA1 Page Number: 5 First American Title Insurance Company 17. An easement for storm drain and incidental purposes, recorded October 23, 1967 in Book 8412, Page 889 of Official Records. In Favor of: Orange County Flood Control District Affects: As described therein The Following Matters Affect Parcel 4: 18. The reservation for roads, railroads, ditches of a strip of land 30 feet wide, along, adjoining and each side of the section lines and a strip of land 20 feet wide, along, adjoining and each side of the quarter section lines as reserved by the Stearns Ranchos Company, recorded on June 03, 1891 in Book 12, Page 368 of Deeds, as Instrument No. 6035. 19. An easement for pole lines and incidental purposes, recorded October 23, 1928 in Book 212, Page 99 of Official Records. In Favor of: The Southern Sierras Power Company Affects: As described therein Said right of way since has been quitclaimed to Southern California Edison Company in an instrument recorded April 10, 1963 in Book 6503, Page 518 of Official Records. 20. An easement for public utility and incidental purposes, recorded August 03, 1962 in Book 6201, Page 447 of Official Records. In Favor of: City of Anaheim Affects: As described therein 21. An easement for road and public utility and incidental purposes, recorded May 05, 1993 as Instrument No. 93-0301664 of Official Records. In Favor of: The City of Anaheim Affects: As described therein 22. The terms and provisions contained in the document entitled "Covenant not to Contest" recorded January 20, 1994 as Instrument No. 94-0044537 of Official Records. 23. An easement for public utility, ingress & egress and incidental purposes, recorded August 16, 1995 as Instrument No. 95-0353848 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: As described therein 24. The terms, provisions and easement(s) contained in the document entitled "Temporary Easement Agreement" recorded June 08, 2006 as Instrument No. 2006000386567 of Official Records. 25. An easement for traffic signal and incidental purposes, recorded July 29, 2009 as Instrument No. 2009-407598 of Official Records. In Favor of: City of Anaheim Affects: As described therein Order Number: NCS-558447-SA1 Page Number: 6 First American Title Insurance Company The Following Matters Affect Parcels 5, 6 and 7: 26. An easement for road and incidental purposes, recorded February 08, 1928 in Book 130, Page 192 of Official Records. In Favor of Jacob E. Schumacher Affects: As described therein 27. An easement for pole lines and incidental purposes, recorded October 04, 1950 as Instrument No. 21427 of Torrens. In Favor of: Southern California Edison Company Affects: As described therein 28. An easement for street and incidental purposes, recorded May 28, 1962 as Book 6124, Page 280 of Official Records. In Favor of: S.A. Melugin and Jessie P. Melugin Affects: Parcel 5 29. An easement for road, public utility and incidental purposes, recorded June 27, 1962 as Book 6159, Page 450 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: Southerly 45 feet of Parcel 6 30. An easement for either or both pole lines, conduits and incidental purposes, recorded April 04, 1963 in Book 6496, Page 110 of Official Records. In Favor of: Southern California Edison Company Affects: Parcel 6 31. An easement for road and utility and incidental purposes in the document recorded May 06, 1963 as Book 6536, Page 153 of Official Records. 32. An easement for road, public utility and incidental purposes, recorded March 20, 1964 in Book 6971, Page 879 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: Parcel 6 33. Covenants, conditions, restrictions and easements in the document recorded June 15, 1965 as Book 7555, Page 101 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. (Affects Parcel No. 6A) Order Number: NCS-558447-SA1 Page Number: 7 First American Title Insurance Company 34. An easement for road, public utility and incidental purposes, recorded July 21, 1967 in Book 8317, Page 428 of Official Records. In Favor of: Okeh Caterers, a California corporation Affects: Parcel 6 35. The fact that the land lies within the boundaries of the Anaheim Stadium Redevelopment Project Area, as disclosed by the document recorded August 12, 1994 as Instrument No. 94-0499613 of Official Records. 36. The effect of a map purporting to show the land and other property, filed in Book 72, Page 18 of Record of Surveys. The Following Matters Affect all Parcels: 37. This item has been intentionally deleted. 38. This item has been intentionally deleted. 39. This item has been intentionally deleted. 40. The terms and provisions contained in the document entitled "Development Agreement No. 2006-00002" recorded January 22, 2008 as Instrument No. 2008000031001 of Official Records. The terms and provisions contained in the document entitled "Amendment No. 1 to Development Agreement No. 2006-00002" recorded February 23, 2009 as Instrument No. 2009-81176 of Official Records. 41. The following matters disclosed by an ALTA/ACSM survey made by Hunsaker & Associates Irvine, Inc. on September 23, 2011 and last revised September 27, 2011, designated W.O. No. 3794-1X: A. Any boundary discrepancies or lot line issues as created by the placement of the chain link fence over the north, west and east lines of Parcel 1, the northwesterly and southeasterly lines of Parcel 2 and the east line of Parcel 6. B. An unrecorded easement or lesser right for a Telephone Riser located in the Parcel 1, together with any underground lines appurtenant thereto. C. An unrecorded easement or lesser right for a Drain Inlet located in the Parcel 1, together with any underground lines appurtenant thereto. D. An unrecorded easement or lesser right for Electric Vaults located in the Parcels 1, 5 & 6, together with any underground lines appurtenant thereto. E. An unrecorded easement or lesser right for a Water Vault located in the Southerly portion of the Parcel 1, together with any underground lines appurtenant thereto. F. An unrecorded easement or lesser right for an Electric Vault located partially outside the easement in favor of the City of Anaheim recorded as Instrument No. 95-0353848, together with any underground lines appurtenant thereto. G. An unrecorded easement or lesser right for vehicular ingress and egress located in north line of Parcels 1 and 3. Order Number: NCS-558447-SA1 Page Number: 8 First American Title Insurance Company 42. A Deed of Trust to secure an original indebtedness of $325,000,000.00 recorded February 27, 2012 as Instrument No.2012000106156 of Official Records. Dated: February 24, 2012 Trustor: LNR Platinum Stadium, LLC Trustee: Commonwealth Land Title Insurance Company Beneficiary: Goldman Sachs Lending Partners, LLC The above deed of trust states that it secures a line of credit. Before the close of escrow, we require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon the line of credit since the last transaction reflected in the lender’s payoff demand, and (c) the borrower has in writing instructed the beneficiary to terminate the line of credit using such forms and following such procedures as may be required by the beneficiary. 43. An ALTA/ACSM survey of recent date which complies with the current minimum standard detail requirements for ALTA/ACSM land title surveys. 44. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 45. Rights of parties in possession. Order Number: NCS-558447-SA1 Page Number: 9 First American Title Insurance Company INFORMATIONAL NOTES 1. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $31,794.18, PAID Second Installment: $31,794.17, PAID Tax Rate Area: 01-007 APN: 083-270-67 2. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $77,730.57, PAID Second Installment: $77,730.57, PAID Tax Rate Area: 01-007 APN: 083-270-69 3. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $1,873.19, PAID Second Installment: $1,873.19, PAID Tax Rate Area: 01-007 APN: 083-270-70 4. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $12,994.38, PAID Second Installment: $12,994.38, PAID Tax Rate Area: 01-007 APN: 083-270-73 5. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $20,789.03, PAID Second Installment: $20,789.03, PAID Tax Rate Area: 01-007 APN: 083-270-74 6. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $6,453.29, PAID Second Installment: $6,453.29, PAID Tax Rate Area: 01-007 APN: 083-270-75 7. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $57,014.25, PAID Second Installment: $57,014.25, PAID Tax Rate Area: 01-007 APN: 083-270-47 Order Number: NCS-558447-SA1 Page Number: 10 First American Title Insurance Company 8. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation’s state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; Order Number: NCS-558447-SA1 Page Number: 11 First American Title Insurance Company (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Order Number: NCS-558447-SA1 Page Number: 12 First American Title Insurance Company LEGAL DESCRIPTION Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, AGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89 59’ 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89 59’ 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’ S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16 17’ 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 23’ 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0 57’ 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 49’ 31" TO THE POINT OF BEGINNING. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Order Number: NCS-558447-SA1 Page Number: 13 First American Title Insurance Company PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCEL 4A: AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4B: AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15 FEET OF SAID 243.26 FEET. PARCEL 4C: AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 7 09’ 10"; THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9 25’ 28"; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES OF SAID EAST 243.26 FEET. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE SAID EAST 243.26 FEET. Order Number: NCS-558447-SA1 Page Number: 14 First American Title Insurance Company ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED PARCEL 4B. PARCEL 5: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. Order Number: NCS-558447-SA1 Page Number: 15 First American Title Insurance Company APN: 083-270-67 and 083-270-69 and 083-270-70 and 083-270-71 and 083-270-72 and 083- 270-73 and 083-270-74 and 083-270-75 and 083-270-61 and 083-270-47 and 083-270-37 Order Number: NCS-558447-SA1 Page Number: 16 First American Title Insurance Company The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Order Number: NCS-558447-SA1 Page Number: 17 First American Title Insurance Company CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys’ fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys’ fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Order Number: NCS-558447-SA1 Page Number: 18 First American Title Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of: Order Number: NCS-558447-SA1 Page Number: 19 First American Title Insurance Company 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of: Order Number: NCS-558447-SA1 Page Number: 20 First American Title Insurance Company 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. ATTACHMENT NO. 9 Order Number: NCS-558447-SA1 Page Number: 1 First American Title Insurance Company First American Title Insurance Company National Commercial Services 5 First American Way Santa Ana, CA 92707 August 07, 2012 Michael Schlesinger LNR Property Corporation 4350 Von Karman Avenue, Suite 200 Newport Beach, CA 92660-2041 Phone: (949)885-8234 Fax: (949)885-8501 Customer Reference: LNR Platinum Stadium Title Officer: Kristen Hueter Phone: (714)250-8358 Fax No.: (877)372-0256 E-Mail: khueter@firstam.com Buyer: Owner: LNR Platinum Stadium, LLC Property: Vacant Land, Anaheim, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurance which establish a Deducti ble Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. Order Number: NCS-558447-SA1 Page Number: 2 First American Title Insurance Company It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Order Number: NCS-558447-SA1 Page Number: 3 First American Title Insurance Company Dated as of July 26, 2012 at 4:30 P.M. The form of Policy of title insurance contemplated by this report is: ALTA Extended Owner Policy - 2006 ALTA Extended Loan Policy- 2006 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: LNR Platinum Stadium, LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple as to Parcels 1, 2, 3, 4, 5, 6 and 7, an easement as to Parcels 3A, 4A, 4B, 4C and 6A. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2012-2013, a lien not yet due or payable. 2. Real property taxes are currently assessed under the State Board of Equalization Public Utility Tax Roll; Code Area No. 804-30-7P-18. Which includes this and other property; for full particulars, please contact the State Board of Equalization Property Tax Validation Division, Telephone Number (916) 322-2323. Additional information to follow upon request. 083-271-37 (Affects: A portion of Parcel 1); 083-270-61 (Affects: A portion of Parcel 3); 083-270- 72 (Affects: A portion of Parcel 4) and 083-270-71 (Affects: A portion of Parcel 4) 3. This item has been intentionally deleted. 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 08-1 (Platinum Triangle), as disclosed by Notice of Special Tax Lien recorded August 12, 2008 as Instrument No. 2008000383751 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code arising as a result of changes in ownership or new construction occurring on or after the Date of Policy, none due and payable as of the Date of Policy. 6. Water rights, claims or title to water, whether or not shown by the public records. Order Number: NCS-558447-SA1 Page Number: 4 First American Title Insurance Company 7. This item has been intentionally deleted. 8. This item has been intentionally deleted. 9. Rights of World of Decor, Inc., in possession of the Land as disclosed to the Company. The Following Matters Affect Parcels 1 and 2: 10. A right of way over said land for poles lines and incidental purposes as conveyed to the Southern Sierras Power Company by deed recorded October 23, 1928 in Book 212, Page 99 of Official Records, the center line of said right of way is described as follows: Beginning at the West line at a point 630 feet North of the Southwest corner of Lot 3 and running thence East parallel to and 630 feet North of the South line of said Lot 3, a distance of 1304.6 feet. Note: all right, title and interest in said right of way has been conveyed to Southern California Edison Company, a corporation, by a Quitclaim Deed recorded April 10, 1963 in Book 6503, Page 518 of Official Records. 11. An easement for pole lines and incidental purposes, recorded October 04, 1950 as Instrument No. 21427 of Torrens. In Favor of: Southern California Edison Company Affects: The South 30 feet of Parcel 1 12. This item has been intentionally deleted. 13. An easement for road, public utility and incidental purposes, recorded June 27, 1962 in Book 6159, Page 450 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: The Southerly 45 feet of said Parcel 1 The Following Matters Affect Parcel 3: 14. A right of way over a portion of Parcel A for pole lines and incidental purposes as conveyed to the Southern Sierras Power Company, by deed recorded October 23, 1928 in Book 212, Page 99 of Official Records, the centerline of said right of way is described as follows: Beginning at the West line at a point 630 feet North of the Southwest corner of Lot 3 running thence East parallel to and 630 feet North of the South line of said Lot 3 a distance of 1304.6 feet. 15. An easement for either or both pole lines, conduit and incidental purposes, recorded April 04, 1963 in Book 6496, Page 110 of Official Records. In Favor of: Southern California Edison Company Affects: As described therein 16. The effect of a map purporting to show the land and other property, filed in Book 72, Page 18 of Record of Surveys. Order Number: NCS-558447-SA1 Page Number: 5 First American Title Insurance Company 17. An easement for storm drain and incidental purposes, recorded October 23, 1967 in Book 8412, Page 889 of Official Records. In Favor of: Orange County Flood Control District Affects: As described therein The Following Matters Affect Parcel 4: 18. The reservation for roads, railroads, ditches of a strip of land 30 feet wide, along, adjoining and each side of the section lines and a strip of land 20 feet wide, along, adjoining and each side of the quarter section lines as reserved by the Stearns Ranchos Company, recorded on June 03, 1891 in Book 12, Page 368 of Deeds, as Instrument No. 6035. 19. An easement for pole lines and incidental purposes, recorded October 23, 1928 in Book 212, Page 99 of Official Records. In Favor of: The Southern Sierras Power Company Affects: As described therein Said right of way since has been quitclaimed to Southern California Edison Company in an instrument recorded April 10, 1963 in Book 6503, Page 518 of Official Records. 20. An easement for public utility and incidental purposes, recorded August 03, 1962 in Book 6201, Page 447 of Official Records. In Favor of: City of Anaheim Affects: As described therein 21. An easement for road and public utility and incidental purposes, recorded May 05, 1993 as Instrument No. 93-0301664 of Official Records. In Favor of: The City of Anaheim Affects: As described therein 22. The terms and provisions contained in the document entitled "Covenant not to Contest" recorded January 20, 1994 as Instrument No. 94-0044537 of Official Records. 23. An easement for public utility, ingress & egress and incidental purposes, recorded August 16, 1995 as Instrument No. 95-0353848 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: As described therein 24. The terms, provisions and easement(s) contained in the document entitled "Temporary Easement Agreement" recorded June 08, 2006 as Instrument No. 2006000386567 of Official Records. 25. An easement for traffic signal and incidental purposes, recorded July 29, 2009 as Instrument No. 2009-407598 of Official Records. In Favor of: City of Anaheim Affects: As described therein Order Number: NCS-558447-SA1 Page Number: 6 First American Title Insurance Company The Following Matters Affect Parcels 5, 6 and 7: 26. An easement for road and incidental purposes, recorded February 08, 1928 in Book 130, Page 192 of Official Records. In Favor of Jacob E. Schumacher Affects: As described therein 27. An easement for pole lines and incidental purposes, recorded October 04, 1950 as Instrument No. 21427 of Torrens. In Favor of: Southern California Edison Company Affects: As described therein 28. An easement for street and incidental purposes, recorded May 28, 1962 as Book 6124, Page 280 of Official Records. In Favor of: S.A. Melugin and Jessie P. Melugin Affects: Parcel 5 29. An easement for road, public utility and incidental purposes, recorded June 27, 1962 as Book 6159, Page 450 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: Southerly 45 feet of Parcel 6 30. An easement for either or both pole lines, conduits and incidental purposes, recorded April 04, 1963 in Book 6496, Page 110 of Official Records. In Favor of: Southern California Edison Company Affects: Parcel 6 31. An easement for road and utility and incidental purposes in the document recorded May 06, 1963 as Book 6536, Page 153 of Official Records. 32. An easement for road, public utility and incidental purposes, recorded March 20, 1964 in Book 6971, Page 879 of Official Records. In Favor of: The City of Anaheim, a municipal corporation Affects: Parcel 6 33. Covenants, conditions, restrictions and easements in the document recorded June 15, 1965 as Book 7555, Page 101 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. (Affects Parcel No. 6A) Order Number: NCS-558447-SA1 Page Number: 7 First American Title Insurance Company 34. An easement for road, public utility and incidental purposes, recorded July 21, 1967 in Book 8317, Page 428 of Official Records. In Favor of: Okeh Caterers, a California corporation Affects: Parcel 6 35. The fact that the land lies within the boundaries of the Anaheim Stadium Redevelopment Project Area, as disclosed by the document recorded August 12, 1994 as Instrument No. 94-0499613 of Official Records. 36. The effect of a map purporting to show the land and other property, filed in Book 72, Page 18 of Record of Surveys. The Following Matters Affect all Parcels: 37. This item has been intentionally deleted. 38. This item has been intentionally deleted. 39. This item has been intentionally deleted. 40. The terms and provisions contained in the document entitled "Development Agreement No. 2006-00002" recorded January 22, 2008 as Instrument No. 2008000031001 of Official Records. The terms and provisions contained in the document entitled "Amendment No. 1 to Development Agreement No. 2006-00002" recorded February 23, 2009 as Instrument No. 2009-81176 of Official Records. 41. The following matters disclosed by an ALTA/ACSM survey made by Hunsaker & Associates Irvine, Inc. on September 23, 2011 and last revised September 27, 2011, designated W.O. No. 3794-1X: A. Any boundary discrepancies or lot line issues as created by the placement of the chain link fence over the north, west and east lines of Parcel 1, the northwesterly and southeasterly lines of Parcel 2 and the east line of Parcel 6. B. An unrecorded easement or lesser right for a Telephone Riser located in the Parcel 1, together with any underground lines appurtenant thereto. C. An unrecorded easement or lesser right for a Drain Inlet located in the Parcel 1, together with any underground lines appurtenant thereto. D. An unrecorded easement or lesser right for Electric Vaults located in the Parcels 1, 5 & 6, together with any underground lines appurtenant thereto. E. An unrecorded easement or lesser right for a Water Vault located in the Southerly portion of the Parcel 1, together with any underground lines appurtenant thereto. F. An unrecorded easement or lesser right for an Electric Vault located partially outside the easement in favor of the City of Anaheim recorded as Instrument No. 95-0353848, together with any underground lines appurtenant thereto. G. An unrecorded easement or lesser right for vehicular ingress and egress located in north line of Parcels 1 and 3. Order Number: NCS-558447-SA1 Page Number: 8 First American Title Insurance Company 42. A Deed of Trust to secure an original indebtedness of $325,000,000.00 recorded February 27, 2012 as Instrument No.2012000106156 of Official Records. Dated: February 24, 2012 Trustor: LNR Platinum Stadium, LLC Trustee: Commonwealth Land Title Insurance Company Beneficiary: Goldman Sachs Lending Partners, LLC The above deed of trust states that it secures a line of credit. Before the close of escrow, we require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon the line of credit since the last transaction reflected in the lender’s payoff demand, and (c) the borrower has in writing instructed the beneficiary to terminate the line of credit using such forms and following such procedures as may be required by the beneficiary. 43. An ALTA/ACSM survey of recent date which complies with the current minimum standard detail requirements for ALTA/ACSM land title surveys. 44. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 45. Rights of parties in possession. Order Number: NCS-558447-SA1 Page Number: 9 First American Title Insurance Company INFORMATIONAL NOTES 1. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $31,794.18, PAID Second Installment: $31,794.17, PAID Tax Rate Area: 01-007 APN: 083-270-67 2. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $77,730.57, PAID Second Installment: $77,730.57, PAID Tax Rate Area: 01-007 APN: 083-270-69 3. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $1,873.19, PAID Second Installment: $1,873.19, PAID Tax Rate Area: 01-007 APN: 083-270-70 4. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $12,994.38, PAID Second Installment: $12,994.38, PAID Tax Rate Area: 01-007 APN: 083-270-73 5. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $20,789.03, PAID Second Installment: $20,789.03, PAID Tax Rate Area: 01-007 APN: 083-270-74 6. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $6,453.29, PAID Second Installment: $6,453.29, PAID Tax Rate Area: 01-007 APN: 083-270-75 7. Taxes for proration purposes only for the fiscal year 2011-2012. First Installment: $57,014.25, PAID Second Installment: $57,014.25, PAID Tax Rate Area: 01-007 APN: 083-270-47 Order Number: NCS-558447-SA1 Page Number: 10 First American Title Insurance Company 8. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation’s state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; Order Number: NCS-558447-SA1 Page Number: 11 First American Title Insurance Company (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** Order Number: NCS-558447-SA1 Page Number: 12 First American Title Insurance Company LEGAL DESCRIPTION Real property in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: THAT PORTION OF THE SOUTH 667.79 FEET, MEASURED ALONG THE WEST LINE OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 3 WITH A LINE WHICH IS PARALLEL WITH AND DISTANT EASTERLY 781.93 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF SAID LOT 3; THENCE NORTHERLY ALONG SAID PARALLEL LINE A DISTANT OF 667.79 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 250.00 FEET; THENCE SOUTHERLY, PARALLEL WITH SAID WEST LINE OF LOT 3, A DISTANCE OF 667.69 FEET TO THE SOUTH LINE OF SAID LOT 3; THENCE WEST ALONG SAID SOUTH LINE OF LOT 3 A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, AGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE SOUTH 667.79 FEET OF SAID LOT, NORTH 89 59’ 00" EAST 272.10 FEET FROM THE INTERSECTION OF SAID LINE WITH A LINE WHICH IS PARALLEL WITH AND EASTERLY 781.93 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT; THENCE SOUTH 89 59’ 00" WEST 139.13 FEET, ALONG SAID NORTH LINE TO A POINT ON THE SOUTHEASTERLY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY’ S 30.00 FOOT WIDE RIGHT OF WAY AS DESCRIBED IN A DEED RECORDED JUNE 17, 1960 IN BOOK 5292, PAGE 508 OF OFFICIAL RECORDS, SAID SOUTHEASTERLY LINE BEING A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 374.26 FEET, A RADIAL TO SAID POINT BEARS SOUTH 16 17’ 15" EAST; THENCE NORTHEASTERLY 283.43 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43 23’ 25" TO A POINT OF CUSP WITH A COMPOUND CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 3672.29 FEET; THENCE SOUTHWESTERLY 61.23 FEET ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 0 57’ 19" WEST 8.53 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 344.26 FEET; THENCE SOUTHERLY 119.12 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19 49’ 31" TO THE POINT OF BEGINNING. PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 27, PAGE 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 3A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Order Number: NCS-558447-SA1 Page Number: 13 First American Title Insurance Company PARCEL 4: THE NORTH 472.79 FEET OF THE SOUTH 667.79 FEET OF THE WEST 513.67 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID WEST 513.67 FEET BEING MEASURED TO THE CENTER LINE OF PLACENTIA AVENUE ON SAID MAP AS AN UNNAMED ROAD. PARCEL 4A: AN EASEMENT FOR DRAINAGE PURPOSES OVER THE FOLLOWING DESCRIBED LAND: THE SOUTH 5 FEET OF THE NORTH 20 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 4B: AN EASEMENT FOR RAILROAD PURPOSE OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 165.30 FEET OF THE SOUTH 5 FEET OF THE NORTH 15 FEET OF SAID 243.26 FEET. PARCEL 4C: AN EASEMENT FOR RAILROAD PURPOSES OVER THAT PORTION DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF THE NORTH 371.04 FEET OF THE SOUTH 667.79 FEET OF LOT 3, TRACT NO. 71, AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: A STRIP OF LAND 24 FEET IN WIDTH, BEING 12 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID EAST 243.26 FEET, SAID POINT BEING DISTANT EASTERLY 155.30 FEET FROM THE NORTHWEST CORNER OF SAID PROPERTY, SAID POINT BEING ALSO THE BEGINNING OF A CURVE TANGENT, TO SAID NORTH LINE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 603.805 FEET; THENCE WESTERLY ALONG SAID CURVE 75.38 FEET THROUGH A CENTRAL ANGLE OF 7 09’ 10"; THENCE WESTERLY ON A LINE TANGENT TO SAID CURVE 8.00 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 478.339 FEET; THENCE WESTERLY ALONG SAID CURVE 78.68 FEET THROUGH A CENTRAL ANGLE OF 9 25’ 28"; THENCE WESTERLY ON A LINE TANGENT TO LAST MENTIONED CURVE TO THE WESTERLY LINE OF SAID EAST 243.26 FEET, THE SIDELINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE PROPERTY LINES OF SAID EAST 243.26 FEET. EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE NORTH 10 FEET OF THE SAID EAST 243.26 FEET. Order Number: NCS-558447-SA1 Page Number: 14 First American Title Insurance Company ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE ABOVE DESCRIBED PARCEL 4B. PARCEL 5: THE EASTERLY 310.00 FEET OF THE WESTERLY 513.67 FEET OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. SAID WESTERLY 513.67 FEET BEING MEASURED FROM THE CENTERLINE OF PLACENTIA AVENUE, AS SHOWN ON SAID MAP AS AN UNNAMED ROAD. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6: THE SOUTH 296.75 FEET OF THE EAST 243.26 FEET OF THE WEST 756.93 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. PARCEL 6A: AN EASEMENT FOR ROAD PURPOSES OVER THE EAST 25.00 FEET OF THE WEST 781.93 FEET OF THE SOUTH 296.75 FEET OF LOT 3 IN TRACT NO. 71 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGES 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 7: THE WEST 203.67 FEET, MEASURED FROM THE CENTER LINE OF PLACENTIA AVENUE, ADJOINING ON THE WEST OF THE SOUTH 195.00 FEET OF LOT 3 OF TRACT NO. 71, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10 PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 70 55 14, A CERTIFIED COPY OF WHICH WAS RECORDED MAY 13, 1997 AS INSTRUMENT NO. 19970222990 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPT ALL RIGHT, TITLE AND INTEREST IN ANY OIL, GAS, PETROLEUM OR OTHER MINERAL OR HYDROCARBON SUBSTANCES WITHIN OR BENEATH THE BOUNDARIES OF SAID PROPERTY, WITHOUT THE RIGHT TO ENTER UPON THE SURFACE OF SAID LAND OR TO USE SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE PRESENT SURFACE, AS RESERVED IN THE DEED FROM REESE MILNER, A MARRIED MAN RECORDED JULY 13, 1965 IN BOOK 7590, PAGE 498 OF OFFICIAL RECORDS. Order Number: NCS-558447-SA1 Page Number: 15 First American Title Insurance Company APN: 083-270-67 and 083-270-69 and 083-270-70 and 083-270-71 and 083-270-72 and 083- 270-73 and 083-270-74 and 083-270-75 and 083-270-61 and 083-270-47 and 083-270-37 Order Number: NCS-558447-SA1 Page Number: 16 First American Title Insurance Company The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Order Number: NCS-558447-SA1 Page Number: 17 First American Title Insurance Company CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys’ fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys’ fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking Order Number: NCS-558447-SA1 Page Number: 18 First American Title Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of: Order Number: NCS-558447-SA1 Page Number: 19 First American Title Insurance Company 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) that arise by reason of: Order Number: NCS-558447-SA1 Page Number: 20 First American Title Insurance Company 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. MITIGATION MONITORING PLAN NO. 304 CEQA ACTION: Previously Certified Environmental Impact Report No. 339 PROJECT DESCRIPTION: This residential project is located on a 14.8 acre parcel consisting of 525 apartment units, eight buildings up to four-stories in height, subterranean parking, private amenities and a .5 acre public park. PROJECT LOCATION: 2050 South State College Boulevard and 2015 - 2125 East Orangewood Ave. STAFF CONTACT PERSON, EMAIL & PHONE NUMBER: Vanessa Norwood, vnorwood@anaheim.net, (714) 765-4934 1. Property Owner/Developer – LNR Platinum Stadium, LLC 2. Environmental Equivalent/Timing – Any Mitigation Measure and timing thereof, subject to the approval of the City of Anaheim, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent/timing” and, if determined necessary, may refer said determination to the Planning Commission. Any cost associated with the information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City of Anaheim’s adopted fee schedule. 3. Timing - This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility of Monitoring - Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 5. Ongoing Mitigation Measures – After project construction begins, the mitigation measures are designated to occur on an ongoing basis as part of this mitigation monitoring program and will be monitored in the form of an annual letter from the property owner/developer in January of each year stating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During Construction”, the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is completed. 6. Building Permit – for purposes of this mitigation monitoring program, a building perm shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. ATTACHMENT NO. 10 Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion Air Quality 2-1 Ongoing during grading and construction Ongoing during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to reduce construction-related emissions; however, the resultant value is expected to remain significant. a) The contractor shall ensure that all construction equipment is being properly serviced and maintained in accordance with the manufacturer’s recommendations to reduce operational emissions. b) The contractor shall use Tier 3 or higher, as identified by the United States Environmental Protection Agency, off-road construction equipment with higher air pollutant emissions standards for equipment greater than 50 horsepower, based on manufacturer’s availability. c) The contractor shall utilize existing power sources (e.g., power poles) or clean- fuel generators rather than temporary diesel-power generators, where feasible. South Coast Air Quality Management District; Public Works Department, Construction Services Division; Planning Department, Planning Services Division 2-2 Ongoing during grading and construction Ongoing during grading and construction, the property owner/developer shall implement the following measures in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PM 10 and PM 2.5 emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: a) During all grading activities, the property owner/developer’s construction contractor shall re-establish ground cover on the construction site through seeding and watering as quickly as possible to achieve a minimum control efficiency for PM 10 of 5 percent. b) During all grading activities, the property owner/developer’s construction contractor shall apply chemical soil stabilizers Pave to on-site haul roads to achieve a control efficiency for PM 10 of 85 percent compared to travel on unpaved, untreated roads. c) The property owner/developer’s construction contractor shall phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. d) The property owner/developer’s construction contractor shall schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. e) During all construction activities, the property owner/developer’s construction contractor shall sweep streets with Rule 1186 compliant PM 10 efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. South Coast Air Quality Management District; Public Works Department, Construction Services Division; Planning Department, Planning Services Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion f) During active demolition and debris removal and grading, the property owner/developer’s construction contractor shall suspend demolition and grading operations when wind speeds exceed 25 miles per hour to achieve an emissions control efficiency for PM 10 under worst-case wind conditions of 98 percent. g) During all construction activities, the property owner/developer’s construction contractor shall maintain a minimum 12-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means to achieve a control efficiency for PM 10 of 91 percent. h) During all construction activities, the property owner/developer’s construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site to achieve an emissions reduction control efficiency for PM 10 of 61 percent. i) During active demolition and debris removal, the property owner/developer’s construction contractor shall apply water to disturbed soils at the end of each day to achieve an emission control efficiency for PM 10 of 10 percent. j) During scraper unloading and loading, the property owner/developer’s construction contractor shall ensure that actively disturbed areas maintain a minimum soil moisture content of 12 percent by use of a moveable sprinkler system or water truck to achieve a control efficiency for PM 10 of 69 percent. k) During all construction activities, the property owner/developer’s construction contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15 miles per hour to achieve a control efficiency for PM 10 of 57 percent. 2-3 Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), Prior to approval of each grading plan (for Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the property owner/developer shall submit Demolition and Import/Export Plans detailing construction and demolition (C&D) recycling and waste reduction measures to be implemented to recover C&D materials. These plans shall 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. Planning Department, Planning Services Division; Public Works Department, Traffic and Transportation Division 2-4 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit evidence that high-solids or water-based low emissions paints and coatings are utilized in the design and construction of buildings, in compliance with South Coast Air Quality Management District’s regulations. This information shall be denoted on the project plans South Coast Air Quality Management District Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 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. 2-5 In accordance with the timing required by the Traffic and Transportation Manager, but no later than prior to the first final Building and Zoning inspection, In accordance with the timing required by the Traffic and Transportation Manager, but no later than prior to the first final Building and Zoning inspection, the property owner/developer shall implement the following measures to reduce long-term operational CO, NO X , ROG, and PM 10 emissions: • Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 and Master Plan of Arterial Highways (MPAH ) shall be implemented as required by the Traffic and Transportation Manager. • The property owner/contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. Public Works Department, Traffic and Transportation Division 2-8 Prior to approval of Development Agreement Based on the recommended buffer distances of the 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 transport refrigeration unit operations exceed 300 hours per week. • 1,000 feet from an existing chrome plating facility. • 300 feet from a dry-cleaning facility using perchloroethylene using one machine and 500 feet from dry-cleaning facility using perchloroethylene using two machines. • 50 feet from gas pumps within a gas-dispensing facility and 300 feet from gas pumps within a gasoline-dispensing facility with a throughput of 3.6 million gallons per year or greater. Planning Department, Planning Services Division Hydrology and Water Quality 3-1 Prior to issuance of a grading permit Prior to issuance of a grading permit, the property owner/developer shall submit plans documenting that the design of all aboveground structures (with the exception of parking structures) shall be at least three feet higher that the 100-year flood zone, where applicable, unless otherwise required by the City Engineer. All structures below this level shall be floodproofed to prevent damage to property or harm to people. Public Works Department, Development Services Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 3-2 At least 90 days prior to the initiation of grading activities Prior to the initiation of grading activities, for projects greater than one acre, coverage for the project must be obtained by electronically submitting permit registration documents to the State or obtaining coverage via current general construction permit prescribed method by the property owner/developer pursuant to State and Federal National Pollution Discharge Elimination System (NPDES) requirements. As part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner/developer shall also prepare and 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. Public Works Department, Development Services Division Noise 5-1 Prior to approval of street improvement plans for any project-related roadway widening Prior to approval of street improvement plans for any project-related roadway widening, the City shall retain a qualified acoustic engineer to design project acoustical features that will limit traffic noise at noise sensitive uses to levels that are below the City’s noise ordinance. These treatments shall be noted on the street improvement plans to the satisfaction of the Planning Department and may include, but are not limited to, the replacement of windows and doors at existing residences with acoustically rated windows and doors. Planning Department, Building Division; Public Works Department, Development Services Division 5-2 Prior to issuance of a building permit, Prior to issuance of a building permit, the project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound-attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, stadium, etc.), and railroad, to meet City interior noise standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from stadium event noise and train horns such that interior single-event noise levels are below 81 dBA L max . The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. Planning Department, Building Division 5-3 Prior to the first final building and zoning inspection Prior to the first final building and zoning inspection, the property owner/developer shall submit evidence to the satisfaction of the Planning Director that occupancy disclosure Planning Department, Building Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 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. 5-4 Prior to the first final building and zoning inspection Prior to the first final building and zoning inspection, the property owner/developer shall submit evidence to the satisfaction of the Planning Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during sounding of train horns will be provided to all future tenants facing an at-grade crossing of the Orange County Line. Planning Department, Building Division 5-5 Prior to issuance of the first building permit Prior to issuance of the first building permit, to reduce noise and vibration impacts from the 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. Planning Department, Building Division 5-6 Prior to approval of any Final Site Plan Prior to approval of any Final Site Plan, if new vibration-sensitive land uses are located in close proximity to the Orange County Line, the project applicant shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. If perceptible levels of vibration are detected, the acoustic analysis shall recommend site design features, such as setbacks and trenches, and/or required building improvements, such as harder building materials (e.g., steel framing vs. wood framing), to eliminate the potential for train operations to result in perceptible levels of vibration that cause human annoyance to future project residents. The site design features shall be identified on the Final Site Plan to the satisfaction of the Planning Director. Planning Department, Building Division 5-7 Ongoing during grading, demolition, and construction Ongoing during grading, demolition, and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: a) Noise generated by construction, shall be limited by the property owner/developer to 60 dBA along the property boundaries, before 7:00 AM and after 7:00 PM, as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10:00 AM to 4:00 PM. c) All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems Planning Department, Building Division; Public Works Department, Development Services Division 5-8 Ongoing during construction activities Ongoing during construction activities, the property owner/developer shall be responsible for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. Planning Department, Building Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 5-9 Ongoing during construction activities Ongoing during construction activities, the property owner/developer shall be responsible for requiring project contractors to locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from occupied noise-sensitive receptors as is feasible. Planning Department, Building Division 5-10 Ongoing during construction activities Ongoing during construction activities, material delivery, soil haul trucks, and equipment servicing shall also be restricted to the hours set forth in the City of Anaheim Municipal Code, Section 6.70. Planning Department, Building Division Public Services 7-1 Prior to issuance of a Building Permit Prior to issuance of a Building Permit, plans shall indicate that all buildings shall have fire sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed by the property owner/developer prior to each final Building and Zoning inspection. Fire Department 7-2 Prior to issuance of a Building Permit Prior to issuance of a Building Permit, the property owner/developer shall pay the Public Safety Impact Fee, as amended from time to time, for fire facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. Fire Department 7-3 Prior to the approval of a Final Site Plan Prior to the approval of a Final Site Plan, the property owner/developer shall submit plans to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including implementation of Ordinance 6016 and the concept of crime prevention through environmental design (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. Police Department 7-4 Prior to the issuance of each Building Permit for a parking structure Prior to the issuance of each Building Permit for a parking structure , the property owner/developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. Police Department 7-5 Prior to the approval of a Final Site Plan Prior to the approval of a Final Site Plan, the property owner/developer shall submit design plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the review and approval of the Anaheim Police Department. Police Department 7-6 Ongoing during project operation Ongoing during project operation, if the Anaheim Police Department of Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fairshare basis, if Police Department; Public Works Department, Traffic Management Center Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion applicable, for reasonable costs associated with such services. 7-7 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall pay the Public Safety Impact Fee, as amended from time to time, for police facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. Police Department 7-9 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall pay the school impact fees as adopted by the Board of Trustees of the Anaheim Union High School District and Anaheim City School District in compliance with Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). Community Development Department, Redevelopment Services; Planning Department, Planning Services Division Transportation and Traffic 9-4 Prior to issuance of the first building permit Prior to issuance of the first building permit for each building, the property owner/developer shall pay the appropriate Traffic Signal Assessment Fees, 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. Public Works Department, Traffic and Transportation Division; 9-5 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan. Public Works Department, Development Services; 9-6 Prior to approval of a Development Agreement for Prior to approval of a Development Agreement for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, property owner/developers shall prepare traffic improvement phasing analyses to identify when the improvements identified in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parson Brinckerhoff, August 2010 (Appendix F of this SEIR) shall be designed and constructed. The Development Agreement Conditions of Approval shall require the property owner/developer to implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City’s General Plan, based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The Development Agreement Conditions of Approval shall require the property owner/developer to Public Works Department, Traffic and Transportation Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 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. 9-7 Prior to approval of a Development Agreement (in conjunction with the preparation of any traffic improvement phasing analysis as required in Mitigation Measure 9-6.) In conjunction with the preparation of any traffic improvement phasing analyses as required in 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. Public Works Department, Traffic and Transportation Division 9-8 Prior to approval of a Development Agreement (in conjunction with the preparation of any traffic improvement phasing analysis as required in Mitigation Measure 9-6.) In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, the following actions shall be taken in cooperation with the City of Orange: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair-share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b) The City of Anaheim shall estimate the cost of the project’s fair-share responsibility in cooperation with the City of Orange. c) The Proposed Project shall pay the City of 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 tha fair share fees collected to mitigate arterial and intersection impacts in the City of Orange are mitigated to the extent feasible. Public Works Department, Traffic and Transportation Division 9-9 Prior to approval of a Development Agreement (in conjunction with the In conjunction with the preparation of any traffic improvement phasing analyses as required in 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 Public Works Department, Traffic and Transportation Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion preparation of any traffic improvement phasing analysis as required in Mitigation Measure 9-6.) 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. 9-10 Prior to the approval of the final subdivision map or issuance of a Building Permit, whichever occurs first Prior to the approval of the final subdivision map or issuance of a Building Permit, whichever occurs first, the property owner/developer shall pay the 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. Public Works Department, Traffic and Transportation Division 9-11 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan, regardless of the level of impacts generated by the project. Public Works Department, Development Services Division 9-12 Subsequent to the certification of the FEIR, and prior to the approval of the first Development Agreement Subsequent to the certification of the FEIR, and prior to the approval of the first Development Agreement, if the costs of the identified 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. Public Works Department, Traffic and Transportation Division; 9-14 In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6 In conjunction with the preparation of any traffic improvement phasing analyses as required in Mitigation Measure 9-6, property owners/developers will analyze to determine when the intersection improvements identified under Impact 5.9-4 shall be constructed, subject to the conditions identified in Mitigation Measure 9-6. Public Works Department, Traffic and Transportation Division 9-15 Prior to the approval of a Final Site Plan Prior to the approval of a Final Site Plan, the property owner/developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side Public Works Department, Traffic and Transportation Division; Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). Orange County Transportation Authority (OCTA) Utilities and Service Systems 10-1 Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, 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 sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office. Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Additionally, the property owner/developer shall participate in the 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. Public Works Department, Development Services Division 10-2 Prior to the approval and ongoing during construction of any street improvement plans Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or are making other improvements, the City and/or property owner/developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. Public Works Department, Development Services Division 10-3 Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner/developer shall contact Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if requested by the OCSD, the property owner/developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD’s modeling results. Public Works Department, Development Services Division 10-4 Prior to approval of sanitary sewer connections for each development project Prior to approval of sanitary sewer connections for each development project, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer spill for below-grade structures of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when they are above the pipe crown. Public Works Department, Development Services Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 10-5 Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle Prior to the approval and ongoing during construction of any street improvement plans within the Platinum Triangle, which encompass area(s) where OCSD will be upsizing trunk lines and/or are making other improvements, the City and/or property owner shall coordinate with OCSD to ensure that backflow prevention devices are installed by OCSD at the lateral connections to prevent surcharge flow from entering private properties. Public Works Department, Streets and Sanitation Division; Orange County Sanitation District (OCSD) 10-6 Prior to final design approval Prior to final design approval, additional analysis shall be performed and provided for each individual project using flow, wet-weather data, and other information specific for that project in order to obtain more accurate results of the surcharge levels for final design. Public Works Department, Streets and Sanitation Division 10-7 Prior to issuance of a building permit and in conjunction with submittal of landscape and building plans Prior to issuance of a building permit, submitted landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AB 1881). Among the measures to be implemented with the project are the following: • Use of water-conserving landscape plant materials wherever feasible; • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas; • Low-flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self-closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets and urinals; • Low-flow shower heads in hotels; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water-efficient ice machines, dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low-flow sprinkler heads in irrigation system; • Use of waterway recirculation systems; • Provide information to the public in conspicuous places regarding water conservation; and Public Utilities Department, Resource Efficiency Division; Public Works Department Development Services Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 10-8 Prior to the issuance of the first building permit Prior to the issuance of the first building permit, the property owner/developer shall provide engineering studies, including network analysis, to size the water mains for ultimate development within the project. This includes detailed water usage analysis and building plans for Public Utilities Water Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. Public Utilities Department, Water Engineering Division 10-9 Prior to the issuance of the first building permit or grading permit Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) Public Utilities Department, Water Engineering Division; 10-12 Prior to issuance of a building permit Prior to issuance of a building permit, submitted landscape plans for all residential, 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. Public Utilities Department, Resource Efficiency Division 10-13 Prior to issuance of a building permit or grading permit, whichever occurs first Prior to issuance of a building permit or grading 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. Public Utilities Department, Resource Efficiency Division 10-14 Prior to issuance of a building permit or grading permit, whichever occurs first Prior to issuance of a building permit or grading permit, whichever occurs first, the property owner/developer shall indicate on plans installation of a separate irrigation lines and use recycled water when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. Public Utilities Department, Water Engineering Division 10-17 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office. The property owner/developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones of the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Public Works Department, Development Services Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion Tributary Area, prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 10-18 Prior to the final building and zoning inspections of each development Prior to the final building and zoning inspections of each development, the property owner/developer shall submit project plans to the Streets and Sanitation Division of the 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 as may be developed by the City or governing agency. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on-site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick-up. • Ensuring hazardous materials disposal complies with federal, state, and city regulations. Public Works Department, Streets and Sanitation Division 10-19 Ongoing during project operations Ongoing during project operations, the following practices shall be implemented, as feasible, by the property owner/developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials, such as aluminum 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. Public Works Department, Streets and Sanitation Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion 10-20 Prior to the approval of each grading plan (for import/export plan) and prior to issuance of demolition permits (for demolition plans) Prior to the approval of each grading plan (for import/export plan) and prior to issuance of demolition permits (for demolition plans), the property owner/developer shall submit a Demolition and Import/ Export Plans, if determined to be necessary by the Public Works Department, Traffic Engineering Division and/or Street and Sanitation Division. The plans shall include identification of off-site locations for 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. Public Works Department, Streets and Sanitation Division Public Works Department, Traffic Engineering Division 10-21 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall submit plans showing that each structure will exceed the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations) by a minimum of 10 percent and will consult with the City of Anaheim Public Utilities Department Business and Community Programs Division. This consultation shall take place during project design in order to review Title 24 measures that are incorporated into the project design energy efficient practices and allow potential system alternatives such as thermal energy storage air-conditioning, lighting, and building envelope options. Plans submitted for building permits shall show the proposed energy efficiencies and systems alternatives. Public Utilities Department, Business and Community Programs Division 10-22 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall indicate on 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 cycle. • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors/separable activity areas. • Specification of premium-efficiency electric motors (i.e., compressor motors, air-handling units, and fan-coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps. • Use of cold cathode fluorescent lamps. • Use of EnergyStar ® exit lighting or exit signage. • Use of T-8 lamps and electronic ballasts where applications of standard Public Utilities Department, Business and Community Programs Division Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion fluorescent fixtures are identified. • Use of lighting power controllers in association with metal-halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for spaces or facilities that may require air-conditioning during summer, day-peak periods. • Consideration for participation in Advantage Services Programs such as: o New construction design review, in which the City cost-shares engineering for up to $15,000 for design of energy efficient buildings and systems. o New Construction – Cash incentives $400 per kW or $0.15 per kWh saved for each measure and up to $200,000 per facility for efficiency that exceed Title 24 requirements.. o Green Building Program – Offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. • 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. 10-23 Prior to issuance of each building permit or grading permit, whichever occurs first Prior to issuance of each building permit or grading permit, whichever occurs first, the property owner/developer shall install their portion of the underground electrical service from the Public Utilities Distribution System as determined by the City of Anaheim Public Utilities Department. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications of Underground Systems. Electrical service fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. The underground electrical service will consist of the following improvements to the current electric facilities: • Relocate Southern California Edison transmission line underground on Katella Avenue from west of the Union Pacific Railroad to Lewis Street (850 feet). • Relocate Southern California Edison communication line underground on Katella Avenue from Lewis Street to east of State College Boulevard (2,400 feet). • A new distribution duct bank on Katella Avenue from Lewis Street to 700 Public Utilities Department, Electrical Engineering Division; Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion feet west of State College Boulevard (2,400 feet). • Relocate distribution circuits underground on Katella Avenue from Lewis Street to 700 feet west of State College Boulevard (2,400 feet). • A new distribution duct bank on Orangewood Avenue from Anaheim Way to State College Boulevard (1,500 feet). • Relocation a distribution circuit underground on Orangewood Avenue from State College Boulevard to west of the Santa Ana River (1,600 feet). • A new distribution duct bank on Gene Autry Way from I-5 to State College Boulevard (2,500 feet). • A new distribution duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • A new distribution duct bank on Lewis Street from Katella Avenue to Gene Autry Way (950 feet). • Relocate a distribution circuit underground on Douglas Street from Katella Avenue to Cerritos Avenue (1,000 feet). 10-24 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall submit plans for review and approval which shall ensure that buildings exceed the State Energy Efficiency Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code) by a minimum of 10 percent. Public Utilities Department, Business and Community Programs Division 10-25 Prior to issuance of each building permit or grading permit, whichever occurs first Prior to issuance of each building permit or grading permit, whichever occurs first, the property owner/developer shall install their portion of the underground electrical service from the Public Utilities Distribution System as determined by the City of Anaheim Public Utilities Department. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications of Underground Systems. Electrical service fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. The underground electrical service will consist of the following improvements to the current electric facilities: • Two new distribution duct banks on Katella Avenue from Anaheim Way to Lewis Street (800 feet). • A new distribution duct bank on Katella Avenue from Douglas Road to Howell Avenue (2,000 feet). • A new distribution duct bank on State College Boulevard from Cerritos Avenue to Katella Avenue (2,600 feet). • A new distribution duct bank on Orangewood Avenue from I-5 to the Santa Ana River (4,800 feet). • A new distribution duct bank on Gene Autry Way from Haster Street to the Public Utilities Department, Electrical Engineering Division; Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion east side of I-5 (2,500 feet). • A new distribution duct bank on Gene Autry Way from I-5 to State College Boulevard (2,500 feet). • A new transmission duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • A new transmission duct bank on Lewis Street and Santa Cruz Street from Katella Avenue to Orangewood Avenue (3,000 feet). • A new distribution duct bank on the east side of the Angel Stadium parking lot from Orangewood Avenue to the SR-57 (2,000 feet). • A new distribution duct bank on Douglas Road from SR-57 to Cerritos Avenue (4,000 feet). 10-26 Prior to issuance of each building permit or grading permit Prior to issuance of each building permit or grading permit, the property owner/developer shall provide an electrical load analysis to the City of Anaheim Public Utilities Department (APUD). The analysis shall include a load schedule and maximum electrical coincident demand. Should the property owner/developer’s load analysis result in a contributed load forecasted to exceed 20 MVA above the existing 40 MVA capacity of the electrical system currently serving the Platinum Triangle area, the APUD will initiate construction of a new electrical substation within the Platinum Triangle project area. Electrical service fees and other applicable fees for the electrical substation will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. Public Utilities Department, Electrical Engineering Division; 10-27 Ongoing The City shall coordinate all future street and infrastructure improvements within the Platinum Triangle with other service providers, including Southern California Gas Company and the Orange County Sanitation District so that required infrastructure upgrades maybe constructed concurrently. Public Utilities Department, Electrical Engineering Division; Southern California Gas Company; Orange County Sanitation District (OCSD) Greenhouse Gas Emissions 11-1 Implementation timing is identified for each individual mitigation measure. Mitigation measures for greenhouse gas emissions are comprised of mitigation measures used for other environmental topical sections of this EIR and are listed above. These mitigation measures, specified on Table 1-1 in the Executive Summary of the Draft SEIR, would reduce GHG emissions associated with the project and are consistent with the California Attorney General’s mitigation measures for energy efficiency, renewable energy and storage, water conservation and efficiency, solid waste, land use, transportation and motor vehicle, and agriculture and forestry measures. There are no additional mitigation measures identified for the reduction of greenhouse gas emissions Responsible parties are identified for each individual mitigation measure. Page 1 MMP No. 304 Measure No. Timing Measure Responsible for Monitoring Completion impacts. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. S ANAHEI M BLVDW B R O A D W A Y S LEMON STS CLAUDI NA STW E L M S T W S A N T A A N A S T E S A N T A A N A S T E E L L S W O R T H A V E S ZEYN STS LANDMARK L NS. EAST STE . L IN C O L N A V E W . B R O A D W A Y E . B R O A D W A Y S. M A N C H E S T E R A V E S. WALNUT STN. HARBOR BLVDS. HARBOR BLVDS. ANAHEI M BLVDE . B R O A D W A Y 4 0 1 -4 2 5 South Anaheim Boulev ard D E V N o. 2010-00026B Subject Property APN: 037-022-15037-022-16037-022-17037-022-18037-022-19037-022-20037-022-21 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ISINGLE FAMI LY RESI DENCEI (S A B C )IN D U S T R IA L C -G (S A B C )A P T S6 D U I (S A B C )S U B S T A T IO N R M -4 (S A B C )F O U R P L E X RS-2SINGLE FAMILY RESIDENCE R M -4 (S A B C )A P T S 2 2 D U R M -3 (S A B C )D U P L E X R M -4 (S A B C )A P T S9 D U RM-4SINGLE FAMILY RESIDENCE C -G (S A B C )P A R K IN G L O T RM-4 (SABC)FOURPLEX RS-2SINGLE FAMILY RESIDENCEI (S A B C )A U T O R E P A IR /S E R V IC E R M -4 (S A B C )A P T S 1 9 D U R M -4 (S A B C )7 D URM-4 (S A B C )A P A R T M E N T S 1 6 D U C -G (S A B C )R E T A IL I (S A B C )IN D U S T R IA L R S -2 D U P L E X C -G M O R T U A R Y C -G (S A B C )R E T A IL I (SABC)VACANTI (S A B C )A U T O R E P A IR C -G R E L IG IO U S U S E C-G (SABC)RETAI LI (S A B C )IN D U S T R IA L RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE R M -4 (S A B C )A P T S 1 2 D U I (S A B C )R E T A IL R M -4 (S A B C )v a c a n tR M -4 (S A B C )A P T S9 D U RS-2OFFICES C-G (SABC)DUPLEX RS-3SINGLE FAMILY RESIDENCE R M -3 V A C A N T R M -4 (S A B C )D U P L E X I (S A B C )IN D U S T R IA L C -G S E R V IC E S T A T IO N R M -4 (S A B C )A P T S R S -2 D U P L E X RS-2APTS7 DU R M -4 (S A B C )D U P L E X R M -4 (S A B C )P A R K V IE W T E R R A C E A P T S24 D U RS-2DUPLEXC-G (SABC)RETAIL C-G (SABC)FOURPLEX I (M U )A P A R T M E N T S T (S A B C )L IT T L E P E O P L E 'S P A R K RS-2SINGLE FAMILY RESIDENCE ICONDOMINIUM S/TOWNHOUSESI (SABC)VACANTIR E S T A U R A N T S I (S A B C )V A C A N T I (SABC)RESTAURANTR M -4 (S A B C )V A C A N T S ANAHEI M BLVDW B R O A D W A Y S LEMON STS CLAUDI NA STW E L M S T W S A N T A A N A S T E S A N T A A N A S T E E L L S W O R T H A V E S ZEYN STS LANDMARK L NS. EAST STE . L IN C O L N A V E W . B R O A D W A Y E . B R O A D W A Y S. M A N C H E S T E R A V E S. WALNUT STN. HARBOR BLVDS. HARBOR BLVDS. ANAHEI M BLVDE . B R O A D W A Y 4 0 1 -4 2 5 South Anaheim Boulev ard D E V N o. 2010-00026B Subject Property APN: 037-022-15037-022-16037-022-17037-022-18037-022-19037-022-20037-022-21 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ATTACHMENT NO. 2 [DRAFT] ATTACHMENT NO. 3 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT A PREVIOUSLY APPROVED NEGATIVE DECLARATION IS THE APPRPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUEST AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05483 (DEV2010-00026B) (401 – 425 SOUTH ANAHEIM BOULEVARD) WHEREAS, on May 24, 2010 and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”), by its Resolution No. PC2010-035, did approve Conditional Use Permit No. 2010-05483 to construct a 52-unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus (herein referred to as the "Original CUP") on that certain real property located at 407 – 425 South Anaheim Boulevard in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently vacant and is located in the RM-4 (SABC) (Multiple Family Residential; South Anaheim Boulevard Corridor Overlay) zone. Property is designated for Medium Density Residential land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2010- 05483B") to construct a 60-unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus (collectively referred to herein as the "proposed project"); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that the Negative Declaration approved in connection with Conditional Use Permit No. 2010-05483 is adequate to serve as the required environmental documentation in connection with this request as the requested action will not result in any additional environmental impacts beyond those originally considered and addressed; and - 2 - PC2012-*** WHEREAS, the 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 hearing pertaining to the request for an amendment to the Original CUP to construct a 60-unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus, does find and determine the following facts: 1. That the proposed amendment to the Original CUP to construct a 60-unit condominium project is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.06.160 (Residential Planned Unit Development) of the Zoning Code. 2. The proposed amendment to the Original CUP to construct a 60-unit condominium project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses. 3. The size and shape of the Property is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the project maintains good overall project design to enhance the privacy and livability for residents within and around the project. 4. The traffic generated by the proposed residential project use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the project has been designed to accommodate the required on and off site parking, vehicular circulation, and trash collection. 5. The applicant applied for a density bonus application requesting a parking incentive pursuant to State Law. A total of 108 on-site parking spaces are proposed within the subdivision. State Law requires parking incentives to be granted for projects that provide a minimum of ten percent of the project as affordable units. Six units within the development (10 percent of this project) would be affordable for low income families; therefore, the project would qualify for the parking reduction permitted by State Law. A minimum of 108 spaces are required for this project under State Law in compliance with Code. Since 108 on-site spaces are provided, the project provides adequate parking under State law. WHEREAS, the applicant requests approval of modifications of the following code sections to permit modified lot coverage, front yard and interior setbacks, and building to building setbacks: SECTION NOS. 18.06.080.010 Maximum lot coverage. AND 18.06.160.030 (Lot coverage requirement established by conditional use permit; 45% required and 54% proposed). - 3 - PC2012-*** SECTION NOS. 18.06.090.010.0101 Minimum front and interior building setbacks. AND 18.06.160.030 (Setback requirements established by conditional use permit; 15 to 20-foot front yard setback required and 7.5 to 15 feet proposed; 20-foot interior setback required and 7.5 feet proposed). SECTION NOS. 18.06.090.050 Minimum building to building setbacks. AND 18.06.160.030 (Setback requirement established by conditional use permit; 40 feet required and 20 to 41 feet proposed). 1. The uses within the project are compatible because all proposed uses are residential and consistent with the existing neighborhood characteristics. 2. The proposed structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area and further conform with the provisions of the proposed zoning. The impact upon the surrounding area is minimal because this development provides an aesthetically pleasing point of entry, streetscape and quality units which enhances the overall community. 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into the site. 4. The project is consistent with applicable design guidelines adopted by the City. 5. The construction of 60 attached condominiums with modified development standards will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because surrounding properties are also developed with residential uses with similar densities. 6. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2010-05483B, 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 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. - 4 - PC2012-*** 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 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 part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2012-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September, 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2012-*** - 7 - PC2012-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05483 (CONDITIONAL USE PERMIT NO. 2010-05483B) (DEV2010-00026B) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning 2 All air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. Planning 3 Locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Planning 4 The legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide that a minimum of ten percent of the total proposed number of residential units shall be sold as low income housing units as defined in California Government Code Section 65915 and with appropriate price controls as approved by the City of Anaheim for a period of not less than fifty five (55) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall be submitted to the Planning Services Division. Planning 5 Plans submitted for building permits shall include a note that on-going during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning 6 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently Planning - 8 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. 7 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities- Electrical 8 Any required relocation of City electrical facilities shall be provided. Landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. Public Utilities- Electrical 9 A Water Quality Management Plan (WQMP), as described in Drainage Area Management Plan for Orange County, shall be submitted to the Public Works/Development Services Division for review and approval. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Building 10 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Building - 9 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 11 All condominium units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. Building 12 Plans shall be submitted showing stop control for the private street at Elm Street and Santa Ana Street. Subject property shall thereupon be developed and maintained in accordance with said plans. Public Works – Traffic 13 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water 14 All existing water services and fire lines shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards or abandoned. If the existing services are no longer needed, they shall be abandoned. Public Utilities- Water 15 A water system master plan, including a hydraulic distribution network analysis, shall be submitted for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities- Water 16 Since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Public Utilities- Water 17 A detailed water usage analysis and building plans shall be submitted for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water system to meet the project’s water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility’s Rates, Rules and Regulations. Public Utilities- Water 18 Improvement plans shall be submitted for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities- Water 19 Water improvement plans shall be submitted to the Water Public Utilities- - 10 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY Engineering Division for approval and a performance bond in the amount approved by the City Engineer, and in a form approved by the City Attorney, shall be posted with the City of Anaheim. Water 20 Individual water service and/or fire line connections shall be required for each parcel or residential unit per Rule 18 of the City of Anaheim’s Rates, Rules, and Regulations. If a legal association of all the properties served is formed, and recorded with the Orange County Recorder, then more than one premise may be served through a single service connection from the public water system. The association’s CC&R’s shall contain provisions that define the perpetual responsibility for the payment of all water utility service provided and the individual responsibility of all association members. Public Utilities- Water 21 The location of trash and recycle barrels to be collected on trash collection day, and the storage of the barrels, shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed and located inside the garage. Said information shall be specifically shown on the plans submitted for building permits. Public Works – Sanitation 22 The developer shall revise and resubmit all previously approved grading, street, storm and sewer improvement plans for Elm Street, Santa Ana Street, and Anaheim Boulevard to the Public Works Department, Development Services Division. All Public Works improvements shall be constructed prior to final building and zoning inspection. Public Works – Development Services 23 A lot line adjustment shall be submitted to the Public Works Department, Development Services Division to adjust Parcels 1, 2, 4 and 6 of Tract Map No. 17351. The Lot Line Adjustment shall be approved by the City Engineer and recorded, along with perfecting deed, in the office of the Orange County Recorder. Public Works – Development Services PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 24 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP. Building - 11 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 25 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire 26 A stop sign shall be installed and stop legend shall be painted on the private drive in the northbound direction at Elm Street and in the southbound direction at Santa Ana Street. Public Works – Development Services 27 A railroad crossbuck sign shall be installed on the private drive at Santa Ana Street. Public Works – Traffic 28 The owner shall be responsible for removing and relocating any traffic signal poles and equipment at the intersection of Santa Ana Street and Anaheim Boulevard, if necessary, at the owner’s expense. Public Works – Traffic GENERAL 29 Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. Code Enforcement 30 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 – 15, and as conditioned herein. Planning ATTACHMENT NO. 4 PROJECT SUMMARY AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05483 Development Standard Original Project Proposed Project RM-4 Standards Site Area 2 acres 2 acres N/A Density 26 du/ac 30 du/ac 36 du/ac max. Recreational Leisure Area 17,608 s.f. 20,661 s.f. 200 s.f./unit min. Parking 96 on-site 26 off-site 122 total 108 on-site 20 off-site 128 total 108** Landscaping and Building Setbacks *** North 10 feet South 10 feet East 7.5 feet West 7.5 feet North 12-15 feet South 12-15 feet East 7.5 feet West 7.5 feet 15 feet 15 feet 20 feet 20 feet Building Height 38 feet 38 feet 40 feet ** An affordable housing parking incentive is allowed per Code Section 18.52.100. *** Modification to setback standards is allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding land uses. ATTACHMENT NO. 5 METROPOLITAN WEST PHOTOS ATTACHMENT NO. 6 PROJECT: 07052 - 07/18/2012 A17585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ FRONT ELEVATION RIGHT ELEVATION (LEFT ELEVATION SAME BUT OPPOSITE) PROPOSED 20-PLEX ‘A’ ELEVATIONS ATTACHMENT NO. 7 PROJECT: 07052 - 07/18/2012 A27585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ FRONT ELEVATION RIGHT ELEVATION (LEFT ELEVATION SAME BUT OPPOSITE) PROPOSED 20-PLEX ‘B’ ELEVATIONS A37585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROJECT: 07052 - 06/5/2012 ‘A’ REAR ELEVATION ‘B’ REAR ELEVATION PROPOSED 20-PLEX ‘A’ & ‘B’ REAR ELEVATIONS PROJECT: 07052 - 07/18/2012 A47585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 20-PLEX FIRST FLOOR PLAN LIVE / WORK OPTION PLAN 6 GARAGE PLAN 6 GARAGE WORK SPACE BA PDR KITCHEN DINING LIVING PLAN 6 LIVE / WORK PLAN 6 MOTOR COURT 134’ - 10”138’ - 10” ALLEY PLAN 8 GARAGE PLAN 6 GARAGE PLAN 6 GARAGE’ PLAN 3 GARAGE PLAN 1 GARAGE PLAN 4 GARAGE PLAN 7 GARAGE (3RD FLOOR) PLAN 7 GARAGE (2ND FLOOR) PLAN 5 GARAGE (3RD FLOOR) METER ROOM PLAN 4 GARAGE (2ND FLOOR) KITCHEN LIVING DINING ENTRYPORCH PORCH ELEVELEV EQUIP. LOBBY PLAN 8 PLAN 6PLAN 8PLAN 6 RAMP 72’ @ 2%PLAN 8 GARAGE PLAN 6 GARAGE PLAN 6 GARAGE’ PLAN 3 GARAGE PLAN 1 GARAGE PLAN 4 GARAGE PLAN 7 GARAGE (3RD FLOOR) PLAN 7 GARAGE (2ND FLOOR) PLAN 5 GARAGE (3RD FLOOR) METER ROOM PLAN 4 GARAGE (2ND FLOOR) KITCHENLIVING DINING ENTRY BA ELEV ELEV EQUIP. LOBBY PLAN 2 GARAGE BDRM BA BDRM PLAN 2 GARAGE FLOOR PLAN TRACKING & PROGRESSION MATRIX - 20 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN 1 973 SF / FLAT 1Br + Den 1.5 Ba 1-Car PLAN 2 1012 SF / FLAT 1 Br 1.5 Ba 1-Car PLAN 3 1130 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 4 1279 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 5 1345 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 6 1434 SF / TOWNHOME 2 Br 2 Ba 2-Car Split PLAN 7 1502 SF / FLAT 3 Br 2 Ba 2-Car Side-By-Side PLAN 8 1646 SF / TOWNHOME 3 Br 2 Ba 2-Car Side-By-Side CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES PROJECT: 07052 - 07/18/2012 A57585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 20-PLEX SECOND FLOOR PLAN PLAN 8 PLAN 6PLAN 8PLAN 6 BDRM 2 BDRM 3BDRM 3 M BA KITCHEN MASTER BDRM MASTER BDRM LIVING KITCHEN DINING DECK DECK BDRM 2 ELEV ELEV LOBBY BA BALIVING DINING DECK KITCHEN DINING DINING LIVING DECK BDRM 3 BDRM 2 BDRM 2 BA BA LIVING KITCHEN MASTER BDRM MASTER BDRM M BA M BATH BDRM 2 M BA KITCHEN MASTER BDRM MASTER BDRM LIVING KITCHEN DINING DECK DECK DECK BDRM 2 ELEV ELEV LOBBY BA BA LIVING DINING DECKKITCHEN DINING DINING LIVING DECK BDRM 3 BDRM 2 BDRM 2 BA BA LIVING KITCHEN MASTER BDRM MASTER BDRM M BA M BATH PLAN 5 PLAN 5 M BA M BA M BA M BA MASTER BDRM MASTER BDRM DECK PLAN 4 PLAN 4 PLAN 7PLAN 7 FLOOR PLAN TRACKING & PROGRESSION MATRIX - 20 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN 1 973 SF / FLAT 1Br + Den 1.5 Ba 1-Car PLAN 2 1012 SF / FLAT 1 Br 1.5 Ba 1-Car PLAN 3 1130 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 4 1279 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 5 1345 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 6 1434 SF / TOWNHOME 2 Br 2 Ba 2-Car Split PLAN 7 1502 SF / FLAT 3 Br 2 Ba 2-Car Side-By-Side PLAN 8 1646 SF / TOWNHOME 3 Br 2 Ba 2-Car Side-By-Side CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES PROJECT: 07052 - 07/18/2012 A67585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 20-PLEX THIRD FLOOR PLAN M BA KITCHEN KITCHEN KITCHEN MASTER BDRM LIVING LIVING LIVING DECK BDRM 2 ELEV BA DINING DECK DECK PDR PLAN 7 PLAN 2 PLAN 3 DINING DINING DINING BDRM 3 BDRM 2 DEN BDRM 2 BA BA PDR LIVING KITCHEN MASTER BDRM MASTER BDRM MASTER BDRM MASTER BDRM M BATH M BATH M BATHM BA ELEV LOBBY M BA KITCHEN KITCHEN KITCHEN MASTER BDRM LIVING LIVING LIVING DECK DECK BDRM 2 ELEV BA DINING DECKDECK PDR PLAN 7 PLAN 2 PLAN 3 DINING DINING DINING BDRM 3 BDRM 2 DEN BDRM 2 BA BA LIVING KITCHEN MASTER BDRM MASTER BDRM MASTER BDRM MASTER BDRM M BATH M BATH M BATH M BA ELEV LOBBY PLAN 1PLAN 1 KITCHEN LIVING PDR LIVING KITCHENDECKDECK PLAN 4 PLAN 4 DECK FLOOR PLAN TRACKING & PROGRESSION MATRIX - 20 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN 1 973 SF / FLAT 1Br + Den 1.5 Ba 1-Car PLAN 2 1012 SF / FLAT 1 Br 1.5 Ba 1-Car PLAN 3 1130 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 4 1279 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 5 1345 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 6 1434 SF / TOWNHOME 2 Br 2 Ba 2-Car Split PLAN 7 1502 SF / FLAT 3 Br 2 Ba 2-Car Side-By-Side PLAN 8 1646 SF / TOWNHOME 3 Br 2 Ba 2-Car Side-By-Side CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES PROJECT: 07052 - 07/18/2012 A77585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 5-PLEX ‘A’ ELEVATIONS FRONT ELEVATIONRIGHT ELEVATION LEFT ELEVATIONREAR ELEVATION PROJECT: 07052 - 07/18/2012 A87585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 5-PLEX ‘B’ ELEVATIONS FRONT ELEVATIONRIGHT ELEVATION LEFT ELEVATIONREAR ELEVATION PROJECT: 07052 - 07/18/2012 A97585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 5-PLEX FLOOR PLANS PLAN C PLAN 7 PLAN B PLAN A PLAN 4 PLAN C GARAGE PLAN A GARAGE PLAN 7 GARAGE PLAN 4 GARAGE PLAN B GARAGE M BA KITCHEN MASTER BDRM LIVING DECK BDRM 2 ELEV BA DINING DINING BDRM 2 BA LIVING KITCHEN MASTER BDRM M BA ELEV LOBBY M BA KITCHEN MASTER BDRM LIVING DECK BDRM 2 ELEV BA DINING DINING BDRM 3 BDRM 2 BA LIVING KITCHEN MASTER BDRM M BA ELEV LOBBY ELEV EQUIP.ELEV LOBBYELEV LOBBY SECOND FLOORFIRST FLOOR THIRD FLOOR LIVING KITCHEN MASTER BDRM M BA DECK DINING DECKDECK METER ROOM FLOOR PLAN TRACKING & PROGRESSION MATRIX - 5 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN A 747 SF / FLAT 1 Br 1 Ba 1-Car PLAN B 1114 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN C 1186 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 4 IDENTICAL TO 20 PLEX 2-Car Side-By-Side PLAN 7 IDENTICAL TO 20 PLEX CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES 07/24/12 AS SHOWN BROOKFIELD HOMES 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. S ANAHEI M BLVDS CLAUDI NA STE W A T E R S T E S A N T A A N A S T W W A T E R S T E E L L S W O R T H A V E S ZEYN STW E L M S T S L EMON STS EMI LY STW S A N T A A N A S T S PHI LADELPHI A STS CLAUDI NA STS LANDMARK L NS. EAST STE . L IN C O L N A V E W . B R O A D W A Y E . B R O A D W A Y S. WALNUT STS. M A N C H E S T E R A V E N. HARBOR BLVDS. HARBOR BLVDS. ANAHEI M BLVDW. L I N C O L N A V E E . B R O A D W A Y 5 1 8 -5 3 8 South Anaheim Boulev ard D E V N o. 2010-00027B Subject Property APN: 251-084-04251-084-11 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 RS-2SI NGLE FAMI LY RESI DENCERM-4DUPLEX R M -3 (S A B C )F O U R P L E X RS-3SI NGLE FAMI LY RESI DENCEISINGLE FAMI LY RESI DENCEI (SABC) I NDUSTRI ALR M -4 A P T S 1 2 D U I (SABC)SELF STORAGE FACILITY IIN D U S T R IA L C -G (S A B C )R E T A IL I (SABC)INDUSTRIAL RS-2SINGLE FAMILY RESIDENCE R M -4 (S A B C )A P T S 1 2 D U R M -3 (S A B C )S IN G L E F A M IL Y R E S ID E N C E R M -4 (S A B C )A P T S9 D U RM-4DUPLEX RM-4SINGLE FAMILY RESIDENCE RM-4 (SABC)7 DU I (S A B C )IN D U S T R IA L ICONDOMINIUM S/TOWNHOUSESRM-4 (SABC)APARTMENTS16 DU I (S A B C )IN D U S T R IA L I (SABC)AUTO REPAIR RS-3 (SABC)SINGLE FAMILY RESIDENCE I (SABC)VACANTI (S A B C )V A C A N T C -G (S A B C )R E T A IL RS-2SI NGLE FAMI LYRESI DENCERS-3SINGLE FAMILY RESIDENCE R S -3 S IN G L E F A M IL Y R E S ID E N C E I (SABC)VACANTR S -3 S IN G L E F A M IL Y R E S ID E N C EI (S A B C )IN D U S T R IA L RM-4 (SABC)APTS R S -2 D U P L E X R M -4 (S A B C )D U P L E X R M -4 (S A B C )V A C A N T C -G (S A B C )R E T A IL RS-3SINGLE FAMILY RESIDENCERS-2DUPLEX R S -3 S IN G L E F A M IL Y R E S ID E N C E RM-4DUPLEX I (S A B C )S U B S T A T IO NI (S A B C )A U T O R E P A IR I (S A B C )IN D U S T R IA L RS-3SI NGLE FAMI LY RESI DENCEC -G (S A B C )R E T A IL RS-3SI NGLE FAMI LY RESI DENCERS-3SI NGLE FAMI LY RESI DENCERS-2SI NGLE FAMI LYRESI DENCER M -4 (S A B C )V A C A N T I (S A B C )V A C A N T I (S A B C )R E T A ILS ANAHEI M BLVDS CLAUDI NA STE W A T E R S T E S A N T A A N A S T W W A T E R S T E E L L S W O R T H A V E S ZEYN STW E L M S T S L EMON STS EMI LY STW S A N T A A N A S T S PHI LADELPHI A STS CLAUDI NA STS LANDMARK L NS. EAST STE . L IN C O L N A V E W . B R O A D W A Y E . B R O A D W A Y S. WALNUT STS. M A N C H E S T E R A V E N. HARBOR BLVDS. HARBOR BLVDS. ANAHEI M BLVDW. L I N C O L N A V E E . B R O A D W A Y 5 1 8 -5 3 8 South Anaheim Boulev ard D E V N o. 2010-00027B Subject Property APN: 251-084-04251-084-11 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ATTACHMENT NO. 2 [DRAFT] ATTACHMENT NO. 3 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT A PREVIOUSLY-APPROVED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUST AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05484 (DEV2010-00027B) (518 – 538 SOUTH ANAHEIM BOULEVARD) WHEREAS, on May 24, 2010 and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the “Planning Commission”), by its Resolution No. PC2010-035, did approve Conditional Use Permit No. 2010-05484 to construct a 36-unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus (herein referred to as the "Original CUP") on that certain real property located at 518 – 538 South Anaheim Boulevard in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently vacant and is located in the RM-4 (SABC) (Multiple Family Residential; South Anaheim Boulevard Corridor Overlay) zone. Property is designated for Medium Density Residential land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did receive a verified Petition for an amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2010- 05484B") to construct a 40-unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus (collectively referred to herein as the "proposed project"); and WHEREAS, the conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 10, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the proposed project to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning Commission finds and determines that a previously approved Negative Declaration approved in connection with Conditional Use Permit No. 2010-05484 is adequate to serve as the required environmental documentation in connection with this request because the proposed project will not create any environmental impacts beyond those identified and addressed in conjunction with the previous approval, and - 2 - PC2012-*** WHEREAS, the 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 hearing pertaining to the request for an amendment to the Original CUP to construct a 40-unit condominium project to include affordable units, a deviation in zoning development standards, and a density bonus, does find and determine the following facts: 1. That the proposed amendment to the Original CUP to construct a 40-unit condominium project is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.06.160 (Residential Planned Unit Development) of the Zoning Code. 2. The proposed amendment to the Original CUP to construct a 40-unit condominium project would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses. 3. The size and shape of the Property is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the project maintains good overall project design to enhance the privacy and livability for residents within and around the project. 4. The traffic generated by the proposed residential project use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the project has been designed to accommodate the required on and off site parking, vehicular circulation, and trash collection. 5. The applicant applied for a density bonus application requesting a parking incentive pursuant to State Law. A total of 72 on-site parking spaces are proposed within the subdivision. State Law requires parking incentives to be granted for projects that provide a minimum of ten percent of the project as affordable units. Four units within the development (10 percent of this project) would be affordable for low income families; therefore, the project would qualify for the parking reduction permitted by State Law. A minimum of 72 spaces are required for this project under State Law in compliance with Code. Since 72 on-site spaces are provided, the project provides adequate parking under State law. 6. State Law permits a density bonus for projects that provide affordable units. This project will include a minimum of 10% affordable units; therefore, under State Law, a density increase of 20% is allowed. Because the applicant is requesting a density increase of 9% (36 units allowed in the RM-4 zone; 40 units proposed) the project complies with the density bonus provisions under State Law. - 3 - PC2012-*** WHEREAS, the applicant requests approval of modifications of the following code sections to permit modified lot coverage, front yard and interior setbacks, building to building setbacks, and recreational leisure area: SECTION NOS. 18.06.080.010 Maximum lot coverage. AND 18.06.160.030 (Lot coverage requirement established by conditional use permit; 45% required and 64% proposed). SECTION NOS. 18.06.090.010.0101 Minimum front and interior building setbacks. AND 18.06.160.030 (Setback requirements established by conditional use permit; 15 to 20-foot front yard setback required and 3 to 9 feet proposed; 20- foot interior setback required and 9 feet proposed). SECTION NOS. 18.06.090.050 Minimum building to building setbacks. AND 18.06.160.030 (Setback requirement established by conditional use permit; 40 feet required and 23 feet proposed). SECTION NOS. 18.06.100.010 Recreational Leisure Area. AND 18.06.160.030 (Recreational Leisure Area requirement established by conditional use permit; 8,000 square feet required and 7,007 square feet proposed). 1. The uses within the project are compatible because all proposed uses are residential and consistent with the existing neighborhood characteristics. 2. The proposed structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area and further conform with the provisions of the proposed zoning. The impact upon the surrounding area is minimal because this development provides an aesthetically pleasing point of entry, streetscape and quality units which enhances the overall community. 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into the site. 4. The project is consistent with applicable design guidelines adopted by the City. 5. The construction of 40 attached condominiums with modified development standards will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because surrounding properties are also developed with residential uses with similar densities. - 4 - PC2012-*** 6. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2010-05484B, 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 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 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 part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. BE IT FURTHER RESOLVED that the conditions of approval attached to this Resolution as Exhibit B amends the Previous Conditions of Approval and, except as specifically amended hereby, the Previous Conditions of Approval shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the conditions of approval attached to this Resolution as Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this Resolution as Exhibit B shall control and govern the Property. - 5 - PC2012-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 10, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (“Zoning Provisions - General”) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 September 10, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of September, 2012. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 6 - PC2012-*** - 7 - PC2012-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05484 (CONDITIONAL USE PERMIT NO. 2010-05484B) (DEV2010-00027B) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. Planning 2 All air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. Planning 3 Locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. Planning 4 The legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide that a minimum of ten percent of the total proposed number of residential units shall be sold as low income housing units as defined in California Government Code Section 65915 and with appropriate price controls as approved by the City of Anaheim for a period of not less than fifty five (55) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall be submitted to the Planning Services Division. Planning 5 Plans submitted for building permits shall include a note that on-going during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning 6 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently Planning - 8 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. 7 Electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications shall be submitted to the Electrical Engineering Division of the Public Utilities Department to establish electrical service. Public Utilities- Electrical 8 Any required relocation of City electrical facilities shall be provided. Landscape and/or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. Public Utilities- Electrical 9 A Water Quality Management Plan (WQMP), as described in Drainage Area Management Plan for Orange County, shall be submitted to the Public Works/Development Services Division for review and approval. Said WQMP shall: • Address Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporate applicable Routine Source Control BMPs. • Incorporate Treatment Control BMPs. • Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. Building 10 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available on site. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Building - 9 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 11 All condominium units shall be assigned street addresses by the Building Division. Street names for any new public or private street (if requested by the developer or required by the City) shall be submitted to and approved by the Building Division. Building 12 All requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water 13 All existing water services and fire lines shall conform to current Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards or abandoned. If the existing services are no longer needed, they shall be abandoned. Public Utilities- Water 14 A water system master plan, including a hydraulic distribution network analysis, shall be submitted for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project’s water demands and fire protection requirements. Public Utilities- Water 15 Since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits. Public Utilities- Water 16 A detailed water usage analysis and building plans shall be submitted for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water system to meet the project’s water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility’s Rates, Rules and Regulations. Public Utilities- Water 17 Improvement plans shall be submitted for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities- Water 18 Water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer, and in a form approved by the City Attorney, shall be posted with the City of Anaheim. Public Utilities- Water - 10 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 19 Individual water service and/or fire line connections shall be required for each parcel or residential unit per Rule 18 of the City of Anaheim’s Rates, Rules, and Regulations. If a legal association of all the properties served is formed, and recorded with the Orange County Recorder, then more than one premise may be served through a single service connection from the public water system. The association’s CC&R’s shall contain provisions that define the perpetual responsibility for the payment of all water utility service provided and the individual responsibility of all association members. Public Utilities- Water 20 The location of trash and recycle barrels to be collected on trash collection day, and the storage of the barrels, shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed and located inside the garage. Said information shall be specifically shown on the plans submitted for building permits. Public Works – Sanitation 21 The developer shall revise and resubmit all previously approved grading, street, storm and sewer improvement plans for Ellsworth Avenue, the public alley, and Anaheim Boulevard to the Public Works Department, Development Services Division. All Public Works improvements shall be constructed prior to final building and zoning inspection. Public Works – Development Services 22 Plans shall be submitted showing stop control for the alley at Santa Ana Street and Ellsworth Avenue. Subject property shall thereupon be developed and maintained in accordance with said plans. Public Works – Development Services PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 23 The WQMP shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the property owner/developer is prepared to implement all non-structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Building - 11 - PC2012-*** NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 24 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire 25 ADA compliant curb access ramps with truncated domes shall be constructed at Anaheim Boulevard and Ellsworth Avenue in conformance with Public Works Standard Detail No. 111- 3. Public Works – Development Services 26 Anaheim Boulevard, Ellsworth Avenue, and the public alley shall be improved per the Public Works Department street right- of-way requirements. A Right-of-Way Construction Permit shall be obtained from the Development Services Division. Public Works – Development Services 27 A stop sign shall be installed and a stop legend shall be painted on the public alley in the northbound direction at Santa Ana Street and in the southbound direction at Ellsworth Avenue. Public Works – Development Services 28 Construction of the public alley shall be completed. An alley easement for the portion outside of the property boundary shall be obtained. Public Works – Development Services 29 A railroad crossbuck sign shall be installed on the public alley at Santa Ana Street. Public Works – Traffic GENERAL 30 Any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. Code Enforcement 31 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 – 15, and as conditioned herein. Planning ATTACHMENT NO. 4 PROJECT SUMMARY AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010-05484 Development Standard Original Project Proposed Project RM-4 Standards Site Area 1 acre 1 acre N/A Density 36 du/ac 40 du/ac 36 du/ac max.* Recreational Leisure Area 7,200 s.f. 7,007 s.f. 200 s.f./unit min. Parking 64 on-site 15 off-site 79 total 72 on-site 10 off-site 82 total 72** Landscaping and Building Setbacks *** North 7 feet South 4.5 feet East 29 feet West 3 feet North 9 feet South 4.5 feet East 29 feet West 3 feet 20 feet 15 feet 20 feet 20 feet Building Height 38 feet 38 feet 40 feet * A 20% density bonus is allowed per Code Section 18.52.100. ** An affordable housing parking incentive is allowed per Code Section 18.52.100. *** Modification to setback standards is allowed in order to achieve good project design, privacy, livability, and compatibility with surrounding land uses. ATTACHMENT NO. 5 SITE PHOTOS CUP2010-05484 ATTACHMENT NO. 6 PROJECT: 07052 - 07/18/2012 A17585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ FRONT ELEVATION RIGHT ELEVATION (LEFT ELEVATION SAME BUT OPPOSITE) PROPOSED 20-PLEX ‘A’ ELEVATIONS ATTACHMENT NO. 7 PROJECT: 07052 - 07/18/2012 A27585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ FRONT ELEVATION RIGHT ELEVATION (LEFT ELEVATION SAME BUT OPPOSITE) PROPOSED 20-PLEX ‘B’ ELEVATIONS A37585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROJECT: 07052 - 06/5/2012 ‘A’ REAR ELEVATION ‘B’ REAR ELEVATION PROPOSED 20-PLEX ‘A’ & ‘B’ REAR ELEVATIONS PROJECT: 07052 - 07/18/2012 A47585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 20-PLEX FIRST FLOOR PLAN LIVE / WORK OPTION PLAN 6 GARAGE PLAN 6 GARAGE WORK SPACE BA PDR KITCHEN DINING LIVING PLAN 6 LIVE / WORK PLAN 6 MOTOR COURT 134’ - 10”138’ - 10” ALLEY PLAN 8 GARAGE PLAN 6 GARAGE PLAN 6 GARAGE’ PLAN 3 GARAGE PLAN 1 GARAGE PLAN 4 GARAGE PLAN 7 GARAGE (3RD FLOOR) PLAN 7 GARAGE (2ND FLOOR) PLAN 5 GARAGE (3RD FLOOR) METER ROOM PLAN 4 GARAGE (2ND FLOOR) KITCHEN LIVING DINING ENTRYPORCH PORCH ELEVELEV EQUIP. LOBBY PLAN 8 PLAN 6PLAN 8PLAN 6 RAMP 72’ @ 2%PLAN 8 GARAGE PLAN 6 GARAGE PLAN 6 GARAGE’ PLAN 3 GARAGE PLAN 1 GARAGE PLAN 4 GARAGE PLAN 7 GARAGE (3RD FLOOR) PLAN 7 GARAGE (2ND FLOOR) PLAN 5 GARAGE (3RD FLOOR) METER ROOM PLAN 4 GARAGE (2ND FLOOR) KITCHENLIVING DINING ENTRY BA ELEV ELEV EQUIP. LOBBY PLAN 2 GARAGE BDRM BA BDRM PLAN 2 GARAGE FLOOR PLAN TRACKING & PROGRESSION MATRIX - 20 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN 1 973 SF / FLAT 1Br + Den 1.5 Ba 1-Car PLAN 2 1012 SF / FLAT 1 Br 1.5 Ba 1-Car PLAN 3 1130 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 4 1279 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 5 1345 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 6 1434 SF / TOWNHOME 2 Br 2 Ba 2-Car Split PLAN 7 1502 SF / FLAT 3 Br 2 Ba 2-Car Side-By-Side PLAN 8 1646 SF / TOWNHOME 3 Br 2 Ba 2-Car Side-By-Side CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES PROJECT: 07052 - 07/18/2012 A57585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 20-PLEX SECOND FLOOR PLAN PLAN 8 PLAN 6PLAN 8PLAN 6 BDRM 2 BDRM 3BDRM 3 M BA KITCHEN MASTER BDRM MASTER BDRM LIVING KITCHEN DINING DECK DECK BDRM 2 ELEV ELEV LOBBY BA BALIVING DINING DECK KITCHEN DINING DINING LIVING DECK BDRM 3 BDRM 2 BDRM 2 BA BA LIVING KITCHEN MASTER BDRM MASTER BDRM M BA M BATH BDRM 2 M BA KITCHEN MASTER BDRM MASTER BDRM LIVING KITCHEN DINING DECK DECK DECK BDRM 2 ELEV ELEV LOBBY BA BA LIVING DINING DECKKITCHEN DINING DINING LIVING DECK BDRM 3 BDRM 2 BDRM 2 BA BA LIVING KITCHEN MASTER BDRM MASTER BDRM M BA M BATH PLAN 5 PLAN 5 M BA M BA M BA M BA MASTER BDRM MASTER BDRM DECK PLAN 4 PLAN 4 PLAN 7PLAN 7 FLOOR PLAN TRACKING & PROGRESSION MATRIX - 20 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN 1 973 SF / FLAT 1Br + Den 1.5 Ba 1-Car PLAN 2 1012 SF / FLAT 1 Br 1.5 Ba 1-Car PLAN 3 1130 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 4 1279 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 5 1345 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 6 1434 SF / TOWNHOME 2 Br 2 Ba 2-Car Split PLAN 7 1502 SF / FLAT 3 Br 2 Ba 2-Car Side-By-Side PLAN 8 1646 SF / TOWNHOME 3 Br 2 Ba 2-Car Side-By-Side CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES PROJECT: 07052 - 07/18/2012 A67585 Irvine Center Drive, Suite 200, Irvine, CA 92618 Telephone 949.655.1550 Fax 949.655.1559 2694 Bishop Drive, Suite 250, San Ramon, CA 94583 Telephone 925.824.0440 Fax 925.824.0447 © 2012 Robert Hidey Architects-All Rights Reserved Brookfield HomesRobert Hidey Architects PACKING HOUSE ANAHEIM, CALIFORNIA Scale: 1/8”=1’-0” 0’ 2’ 4’ 8’ 16’ PROPOSED 20-PLEX THIRD FLOOR PLAN M BA KITCHEN KITCHEN KITCHEN MASTER BDRM LIVING LIVING LIVING DECK BDRM 2 ELEV BA DINING DECK DECK PDR PLAN 7 PLAN 2 PLAN 3 DINING DINING DINING BDRM 3 BDRM 2 DEN BDRM 2 BA BA PDR LIVING KITCHEN MASTER BDRM MASTER BDRM MASTER BDRM MASTER BDRM M BATH M BATH M BATHM BA ELEV LOBBY M BA KITCHEN KITCHEN KITCHEN MASTER BDRM LIVING LIVING LIVING DECK DECK BDRM 2 ELEV BA DINING DECKDECK PDR PLAN 7 PLAN 2 PLAN 3 DINING DINING DINING BDRM 3 BDRM 2 DEN BDRM 2 BA BA LIVING KITCHEN MASTER BDRM MASTER BDRM MASTER BDRM MASTER BDRM M BATH M BATH M BATH M BA ELEV LOBBY PLAN 1PLAN 1 KITCHEN LIVING PDR LIVING KITCHENDECKDECK PLAN 4 PLAN 4 DECK FLOOR PLAN TRACKING & PROGRESSION MATRIX - 20 PLEX BUILDING METROPOLITAN BROOKFIELD HOMES PLAN NO.AREA/TYPE BEDROOM COUNT BATHROOM COUNT GARAGE TYPE PLAN 1 973 SF / FLAT 1Br + Den 1.5 Ba 1-Car PLAN 2 1012 SF / FLAT 1 Br 1.5 Ba 1-Car PLAN 3 1130 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 4 1279 SF / FLAT 2 Br 2 Ba 2-Car Tandem PLAN 5 1345 SF / FLAT 2 Br 2 Ba 2-Car Side-By-Side PLAN 6 1434 SF / TOWNHOME 2 Br 2 Ba 2-Car Split PLAN 7 1502 SF / FLAT 3 Br 2 Ba 2-Car Side-By-Side PLAN 8 1646 SF / TOWNHOME 3 Br 2 Ba 2-Car Side-By-Side CIRCULATION: ALL FOOORS TYPICAL ACCESSORY TO R.2/U OCCUPANCIES 07/24/12 AS SHOWN BROOKFIELD HOMES 07/24/12 AS SHOWN BROOKFIELD HOMES 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.