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Resolution-PC 2012-087RESOLUTION NO. PC2012 -087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT PREVIOUSLY- APPROVED ENVIRONMENTAL IMPACT REPORT NO. 339 IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUEST AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003 -04763 (DEV2012- 00080) (2100 EAST ORANGEWOOD AVENUE) WHEREAS, in 2004, the Anaheim City Council (herein referred to as the "City Council') adopted the Platinum Triangle Master Land Use Plan (PTMLUP) and the Platinum Triangle Mixed Use (PTMU) Overlay Zone to provide opportunities for existing uses within The Platinum Triangle (generally defined as the portion of the City of Anaheim located northeast of the Interstate 5 and northwest of the State Route 57 /Santa Ana River) to transition to mixed -use, residential, office and commercial uses. As a part of this planning process, districts were created within the PTMU Overlay Zone and development intensities were allocated to each district; and, WHEREAS, in April 2005, City Council approved the 884 -unit Archstone Gateway Project. The project approvals included certification of Environmental Impact Report (EIR) No. 328, amendments to the PTMLUP and the PTMU Overlay Zone, and Conditional Use Permit (CUP) No. 2003 - 04763. The amendments created two sub -areas within the PTMU Overlay Zone Gateway District; Sub -Area B, consisting of the Archstone Gateway Project site, and Sub -Area A, consisting of the balance of the Gateway District. In addition, the amendments to the PTMU Overlay Zone established zoning and development standards for the Gateway District, Sub -Area B, including a provision that allowed development of a multiple - family residential development subject to the approval of CUP No. 2003 - 04763, as may be amended from time to time; and, WHEREAS, the Archstone Gateway Apartments were completed in Fall 2008, and were subsequently purchased by the Irvine Company in October 2010 and renamed to Gateway Apartment Homes; and, WHEREAS, in October 2010, the City Council certified EIR No. 339, prepared for the Revised Platinum Triangle Expansion Project. As a part of that project, the Gateway District Sub -Area B was expanded to include all of the properties within the Gateway District, south of Orangewood Avenue and east of State College Boulevard; and, WHEREAS, the Planning Commission did receive a verified Petition for an amendment to CUP No. 2003 -04763 (herein referred to as "CUP No. 2003- 04763A" or "Proposed Project') to develop a Phase 2 of the Gateway Apartment Homes, by constructing an additional 395 units directly adjacent to the existing Gateway Apartment Homes, on certain real property located at 2100 East Orangewood Avenue in the City of Anaheim, as legally described on Exhibit A attached hereto and incorporated herein by this reference (the 'Property "); and, - 1 - PC2012 -087 WHEREAS, the Property is designated for Mixed Use land uses in the City of Anaheim General Plan, located in the I (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay) zone, and currently developed with four industrial buildings; and, on the Property; WHEREAS, EIR No. 339 analyzed the development of up to 690 dwelling units WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 previously - certified Environmental Impact Report No. 339 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 the Revised Platinum Triangle Expansion Project; 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 an amendment CUP No. 2003 -04763 to develop a Phase 2 of the Gateway Apartment Homes, by constructing an additional 395 units directly adjacent to the existing Gateway Apartment Homes, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized pursuant to Table 20 -A: Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone of Anaheim Municipal Code Section 18.20.030 (Mixed Use District Uses) and as further detailed in Section 18.20.170 (Gateway District Sub -Area B Standards). 2. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located by complying with the development standards of the PTMU Overlay Zone. Based upon this compliance, the Proposed Project will be consistent with the Gateway Apartment Homes, as well as, other recently constructed and future development within the Platinum Triangle. In addition, the access driveway to the east will provide a buffer between existing industrial uses along Dupont Drive and the Proposed Project. Furthermore, although access to the Fast Food Restaurant (Assessor Parcel No. 083 -27 -124) to the west is provided from Orangewood Avenue through the Project Site; conditions of approval 13 -15 require the Irvine Company to arrange access to the Fast Food Restaurant directly from Orangewood Avenue, prior to issuance of grading permits. 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the Project Site is approximately 6.2 acres and is a large regularly- shaped rectangular property. In addition, the Proposed Project adequately -2- PC2012 -087 addresses issues such as vehicular and pedestrian circulation, architectural design, on -site recreation, orientation of buildings and landscape. Furthermore, the Proposed Project is consistent with the objectives of the Gateway District of the PTMU Overlay Zone in that it provides housing within proximity to employment centers and retail use. The development intensity proposed is within the overall intensity analyzed by EIR No. 339. Mitigation measures from Mitigation Monitoring Plan No. 106C, adopted in conjunction with the certification of EIR No. 339, are proposed as conditions of approval for this project to ensure that adequate public infrastructure exists or will exist to serve the Proposed Project. Additionally, the property owner intends to comply with all applicable Anaheim Municipal Code requirements to further ensure that the Proposed Project will not be detrimental to the public health, safety and welfare. 4. That 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 based upon the findings of the traffic analysis prepared for the project, on file with the Planning Department. Conditions of approval 1 -4 require the property owner to prepare a traffic improvement phasing analysis, prior to the approval of the Conditional Use Permit, to identify when improvements identified in EIR No. 339 are required to be designed and constructed for the Proposed Project. The traffic analysis prepared for the Proposed Project concludes that there are no new significant project impacts and that none of the improvements identified in EIR No. 339 need to be constructed for the Proposed Project. In addition, the analysis concludes that there is adequate storage capacity and maneuvering area at the two gated entries to accommodate the expected residential and visitor stacking needs without backing onto the adjacent public street. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because all applicable conditions of approval from CUP No. 2003 - 04763, pertaining to the Archstone Gateway Project; applicable mitigation measures from Mitigation Monitoring Program No. 305, adopted in conjunction with EIR No. 339; and, project specific measures identified by City staff have been included as conditions of approval for the Proposed Project. These conditions of approval, along with compliance with applicable codes and regulations will ensure that the Proposed Project will not be detrimental to the health and safety of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve CUP No. 2003- 04763A, 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. -3- PC2012 -087 BE IT FURTHER RESOLVED, that 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 pertain solely to the development of the property identified in Exhibit A. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 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. CHAIR, ANAHEIM CITY PL ING COMMISSION ATTEST: SENIOR SEMETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -087 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 19` day of November, 2012. SENIOR SECKETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -087 IMsoI1ol1&w.1% DEV NO. 2012-00080 APN: 083 - 271 -21 083 -271 -15 E ORANGEWOOD AVE 507' o: m� WI N WI J J O U I 50' v N ¢i v � � m i N 1 1 557' 1 1 1 1 1 1 City of Anaheim City Of Orange ' i 1 i o v Source: Recorded Tract Maps and /or City GIS. Fe�c Please note the accuracy Is +I- two to five feet. -6- PC2012 -087 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2003-04763A Conditional Use Permit No. 2003 - 04763: Applicable Conditions of Approval from Conditional Use Permit No. 2003 -04763 have been incorporated into these conditions. All conditions of approval from Conditional Use Permit No. 2003 -04763 are identified by "COX" below the applicable condition number. Modifications to these conditions are indicated as follows: additions are shown in bold and deletions are shown in s#ikeflifeugh. Mitigation Monitoring Plan No. 305: Mitigation Measures ( "MM ") from Mitigation Monitoring Plan No. 305 are incorporated into these conditions of approval. Mitigation Monitoring Plan No. 305 includes all applicable measures from Mitigation Monitoring Program No. 106C, adopted in conjunction with the certification of Final Subsequent Environmental Impact Report No. 339 (FSEIR No. 339). All mitigation measures are identified by the "MM" below applicable condition numbers. Terms and Definitions: 1. Environmental Equivalent/Timing — Any Mitigation Measure and timing thereof, subject to the approval of the City, 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 equivalenthiming" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with 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's adopted fee schedule. 2. The Planning Director has the authority to grant the modification of the timing of any conditions of approval of Conditional Use Permit No. 2003- 04763A, provided said modification does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modifications shall be in writing and shall clearly identify the reason for the modification. Appeal of such decisions shall be provided pursuant to Section 18.60.135 (Appeals — Planning Director Decisions) of the Anaheim Municipal Code. 3. Timing — The point in time where a condition of approval must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance must be monitored. Once the initial action item has been complied with, no additional monitoring will occur because routine City practices and procedures will ensure that the intent has been complied with. 4. Responsibility for 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. On -going Conditions of Approval — The conditions that are designated to occur on an on- going basis 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 conditions have been achieved. When compliance with a condition related to on -going -7- PC2012 -087 operation of a use has been demonstrated for a period of one year, monitoring of the condition will be deemed to be satisfied and no further monitoring will occur. For conditions that are monitored "On -going During Construction," the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is complete. 6. This Conditional Use Permit No. 2003- 04763A is granted expressly conditioned upon the determination by Planning Commission that previously - certified FSEIR No. 339 and Mitigation Monitoring Plan No. 305 are adequate to serve as the environmental documentation for this project. 7. That the property owner /developer shall be responsible for compliance with any and all direct costs associated with the monitoring and reporting of all mitigation measures set forth in Mitigation Monitoring Plan No. 305, established by the City of Anaheim as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified measures within the timeframes identified in the measure. Abbreviations: COA: Conditions of Approval from Conditional Use Permit No. 2003- 04763A. MM: Condition of approval that is a mitigation measure from Mitigation Monitoring Plan 305 and Mitigation Monitoring Program 106C. Planning: City of Anaheim Planning and Building Department, Planning Services Division Building: City of Anaheim Planning and Building Department, Building Division Code Enforcement: City of Anaheim Planning and Building Department, Code Enforcement Division PW — Construction City of Anaheim Public Works Department, Construction Services PW — Dev Svcs: City of Anaheim Public Works Department, Development Services PW — Field: City of Anaheim Public Works Department, Field Engineering PW — Traffic: City of Anaheim Public Works Department, Traffic and Transportation PW — Sanitation: City of Anaheim Public Works Department, Streets and Sanitation Community Services: City of Anaheim Community Services Department City Attorney: City of Anaheim City Attorney Fire: City of Anaheim Fire Department Police: City of Anaheim Police Department Resource Efficiency: Anaheim Public Utilities Department, Resource Efficiency Division Water: Anaheim Public Utilities Department, Water Engineering Division -8- PC2012 -087 Electrical: Anaheim Public Utilities Department, Electrical Engineering Division OCHCA: Orange County Health Care Agency SCAQMD: South Coast Air Quality Management District OCFCD: Orange County Flood Control District RWQCB: Regional Water Quality Control Board OCSD: Orange County Sanitation District PRIOR TOAPPROVAL OF CONDITIONAL USE PERMIT NO.2003- 04763A SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Prior to approval any project forecast to generate 1• 100 or more peak hour trips, as determined by the PW — Traffic City Traffic and Transportation Manager utilizing (MM 9 -6) 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 Brinkerhoff, August 2010 (Appendix F of FSEIR 339) shall be designed and constructed. The property owner /developer shall 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 FSEIR 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 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. In conjunction with the preparation of any traffic 2. improvement phasing analyses as required in PW — Traffic Mitigation Measure 9 -6, property (MM 9 -7) owners /developers will analyze to determine when the intersection improvements shall be -9- PC2012 -087 PRIOR TO APPROVAL OF CONDITIONAL USE PERMIT NO.2003- 04763A SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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 property owner /developer shall 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. In conjunction with the preparation of any traffic 3. improvement phasing analyses as required in PW — Traffic Mitigation Measure 9 -6, the following actions (MM 9 -8) 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. _10- PC2012 -087 PRIOR TOAPPROVAL OF CONDITIONAL USE PERMIT NO.2003- 04763A SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY d) The City shall work with the City of Orange to amend the JCFA to ensure that fair share fees collected to mitigate arterial and intersection impacts in the City of Orange are mitigated to the extent feasible. In conjunction with the preparation of any traffic 4• improvement phasing analyses as required in PW — Traffic Mitigation Measure 9 -6, and assuming that a (MM 9 -9) 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 FSEIR 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. In conjunction with the preparation of any traffic 5. improvement phasing analyses as required in PW — Traffic Mitigation Measure 9 -6, property (MM 9 -14) 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. The property owner /developer shall meet with the 6• Traffic and Transportation Manager to determine PW — Traffic whether a bus stop(s) is required to be placed (MM 9 -15) adjacent to the property. If a bus stop(s) is required by the Traffic and Transportation Manager, 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). - 11 - PC2012 -087 NO LATER THAN30 DAYS FOLLOWING THE PLANNING COMMISSION'SAPPROVAL OF CONDITIONAL USE PERMIT NO.2003- 04763A SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 7. The legal property owner shall enter into an City Attorney 8. agreement with the City of Anaheim satisfactory (COA 5) to the City Attorney agreeing to indemnify and PW - Traffic (MM 2 -3) hold harmless the City, its agents, officers, council members, employees, boards, commission and their members and the City Council from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the application or related decision, or the adoption of any environmental documents or FSEIR No. 339, which relates to the approval of he P ^ e fie s Conditional Use Permit No. 2012- 04763A. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party, and costs of suit, attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decisions, whether or not there is concurrent, passive or active negligence of the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council. PRIOR TO ISSUANCE OF DEMOLITION, GRADING ORB UILDING PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Prior to approval of each grading plan (for Planning 8. Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the PW - Traffic (MM 2 -3) 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 -12- PC2012 -087 PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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. Prior to approval of a demolition permit, the Planning 9. property owner /developer will submit plans showing construction fencing around the site boundary. Said fencing shall be maintained by the property owner /developer in a good and safe condition throughout construction. Prior to the initiation of grading activities, for Building 10. projects greater than one acre, coverage for the project must be obtained by electronically (MM 3 -2) 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 Building Division of the Planning Department, a Water Quality Management Plan (WQMP) in accordance with the City's municipal NPDES requirements and Chapter 7 of the Orange County Drainage Area Management Plan. The WQMP must be approved prior to issuance of grading permit. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short-term) within the Project Area as well as BMPs for long -term operation of the Project Area that address potential impacts to surface waters. Prior to issuance of a grading or building permit PW — Dev Svcs 11. for each development project, whichever occurs first, the property owner /developer shall contact (MM 10 -3) Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if -13- PC2012 -087 PRIOR TO ISSUANCE OFDEMOLITION, GRADING OR BUILDING PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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. Prior to issuance of a grading or building permit, PW — Dev Svcs 12. whichever occurs first, the City Engineer shall review the location of each project to determine if (MM 10 -17) it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create a deficiency in an existing storm drain, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner /developer shall be required to install the drainage facilities, as required by the City Engineer to mitigate the impacts of the proposed development based upon the Development Mitigation within Benefit Zones of the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area, prior to acceptance for maintenance of public improvements by the City or final Building and Zoning inspection for the building/ structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. Prior to issuance of a grading permit, the existing PW — Dev Svcs 13. access easement in favor of parcel 08 -27 -124 shall be quitclaimed and the quitclaim deed shall be recorded in the office of the Orange County Recorder. -14- PC2012 -087 PRIOR TO ISSUANCE OF DEMOLITION, GRADING ORB UILD17VG PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Prior to issuance of a grading permit, all existing PW — Dev Svcs 14. structures shall be demolished including surface improvement used for access in favor of parcel 083 -27 -124. The developer shall obtain a demolition permit from the Building Division. Prior to issuance of a grading permit for any work PW — Dev Svcs 15. within parcel 083 -27 -124, the property owner /developer shall obtain a right -of -entry from the owner of parcel 083 -27 -124. All required street improvements for parcel 083 -27 -124, shall be submitted for review and approval to the Public Works Department for issuance of Right -of -Way Construction Permit. Prior to issuance of the grading permit and right- PW — Dev Svcs 16. of -way permit for the storm drain and sewer, whichever occurs first, a Save Harmless agreement in -lieu of an Encroachment Agreement for any storm drains connecting to a City storm drain is required to be executed by the property owner, approved by the City and recorded in the Office of the Orange County Recorder. Prior to issuance of the grading permit, the PW — Dev Svcs 17. 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. Prior to issuance of a grading permit, the property PW — Dev Svcs 18• owner /developer shall submit plans documenting that the design of all aboveground structures (with the exception of parking structures) shall be at least one foot 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. Prior to the approval of each grading plan (for PW — Traffic 19. import/export plan) and prior to issuance of demolition permits (for demolition plans), the PW - Sanitation (MM 10 -20) property owner /developer shall submit a Demolition and Import/ Export Plans, if -15- PC2012 -087 PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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. The legal property owner shall execute and record City Attomey 20• an unsubordinated covenant in a form approved by the City Attorney's Office wherein the legal (COA 6) property owner agrees not to contest the formation of any assessment district(s) which may be formed to finance the Platinum Triangle infrastructure and/or maintenance, which district(s) could include portions of the property in the City of Anaheim. The covenant shall not preclude the owner from contesting (i) the determination of benefit of such improvements to the property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. Prior to issuance of a building permit or grading Resource Efficiency 21 • permit, whichever occurs first, the property owner /developer shall indicate on plans water (MM 10 -13) efficient design features including, but not limited to (as applicable to the type of development at issue) waterless water heaters, waterless urinals, automatic on and off water faucets, and water efficient appliances. Prior to the issuance of the first building permit or Water 22• grading permit, whichever occurs first, the property owner /developer shall indicate on plans (MM 10 -9) installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. -16- PC2012 -087 PRIOR TO ISSUANCE OFDEMOLITION, GRADING OR BUILDING PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY (City of Anaheim Water Conservation Measures) The property owner /developer shall pay fees in Water 23• accordance with Rule 15D, Platinum Triangle Water Facilities Fee, of the Water Utilities Rates, (MM 10 -10) Rules, and Regulations. Prior to issuance of a building permit or grading Water 24. permit, whichever occurs first, the property owner /developer shall indicate on plans (MM 10 -14) 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. New underground electric utility facilities Electrical 25• necessary to accommodate the project are typically required to be underground in the City of (MM 10 -23) Anaheim. The underground electrical distribution systems will consist of substructures including vaults, duct banks, pull boxes, and other facilities necessary to meet the proposed power requirements of the development. The underground substructures will be installed by the applicant in accordance with electrical distribution plans and specifications prepared and approved by the Public Utilities Department - Electrical Engineering Division. Electrical facilities and equipment will be installed as required to meet the electrical demand of the development. In addition, all high voltage electrical lines, switches, and transformers installed on private property will require an easement as indicated on the approved plans. It is the developer's responsibility to coordinate survey activities and construct wet and dry utilities in a manner as to avoid conflicts, and to meet necessary clearance requirements for the on -site electrical distribution system required for service establishment. -17- PC2012 -087 PRIOR TO ISSUANCE OF DEMOLITION, GRADING OR BUILDING PERMITS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The proposed project shall comply with all State Electrical 26• Energy Insulation Standards and City of Anaheim codes in effect at the time of application for (MM 10 -26) 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. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. Prior to issuance of each building permit, the property owner /developer shall incorporate the following energy saving practices into building plans. The property owner /developer shall implement, to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to each final building and zoning inspection: • Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. • Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal halide or high- pressure sodium for outdoor lighting. PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY All air conditioning facilities and other roof and Planning 27• ground mounted equipment shall be properly shielded from view from public rights -of -way and -18- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY .OFF BY all adjacent properties. Said information shall be (COA 15) specifically shown on the plans submitted for building permits. All plumbing or other similar pipes and fixtures Planning 28. located on the exterior of the building shall be fully screened by architectural devices and/or (COA 16) appropriate building materials. Said information shall be specifically shown on plans submitted for building permits. Assigned parking spaces shall be provided for Planning 29• each residential unit. Said information shall be specifically shown on plans submitted for building (COA 22) permits. Visitor parking spaces shall be posted, "No Planning 30. Overnight Parking, Except by Permission of the Management." Said information shall be shown on (COA 23) plans submitted for building permits. All above -ground utility devises shall be located Planning 31. on private property and outside any required setback area. Said information shall be shown on (COA 24) plans submitted for building permits. For projects located within 1,000 feet of an Planning 32. industrial facility that emits substantial odors, which includes but is not limited to: (MM 2 -10) a. wastewater treatment plants b. composting, greenwaste, or recycling facilities c. fiberglass manufacturing facilities d. painting/coating operations e. coffee roasters f. food processing facilities Property owner /developer shall submit an odor assessment to the Planning Department that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T- _19- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T -BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units. The property owner /developer shall pay the school Planning 33. impact fees as adopted by the Board of Trustees of the Anaheim Union High School District and (MM 7 -9) Anaheim City School District in compliance with Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). The property owner /developer shall submit Planning 34. evidence that high- solids or water -based low emissions paints and coatings are utilized in the (MM 2 -4) 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 constructibuild with materials that do not require painting, or use prepainted construction materials, to the extent feasible. Sign plans shall be consistent with the coordinated Planning 35. sign program approved for CUP2003- 04763. The property owner /developer shall submit an Planning 36. addressing plan for the building. All residential units shall be assigned addresses by the GIS Section of the Planning Department. The property owner /developer shall submit to the Planning 37• Planning Department a reciprocal pedestrian and vehicular access easement agreement to be reviewed by the City Attorney and the Planning Director -20- PC2012 -087 PRIOR TO ISSUANCE OF BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY .OFF BY Each unit shall be pre -wired for cable and internet Building 38• service. Said information shall be specifically shown on plans submitted for building permits. (COA 68) The property owner /developer shall submit energy Building 39. calculations used to demonstrate compliance with the performance approach to the California Energy (MM 2 -6) 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(M appliances) and use of sunlight- filtering window coatings or double -paned windows. d. Electrical vehicle charging stations for all -21- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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 buildings. The property owner /developers shall submit a Building 40. final acoustical report prepared to the satisfaction of the Planning Director. The report shall show (MM 5 -2) 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 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. To reduce noise and vibration impacts from the Building 41. impact pile driver, the construction contractor shall evaluate the feasibility of using auger cast (MM 5 -5) 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 -22- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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. A drainage study shall be submitted to document PW - Dev Svcs 42• the existing and proposed drainage patterns. If there is an increase in discharge to the City of (COA 40) Anaheim facilities, the study shall demonstrate that the existing facilities have capacity or mitigation will be required. The property owner /developer shall irrevocably PW — Dev Svcs 43. offer for dedication (with subordination of easements), including necessary construction (MM 9 -11) 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. The City Engineer shall review the location the PW — Dev Svcs 44. project to determine if it is located within an area served by deficient sewer facilities, as identified in (MM 10 -1) 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 issuance of a grading permit the sewer plans shall be submitted for review. Prior to issuance of a building permit for the development project, the property owner /developer shall commence installation of 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. Installation of the sanitary sewer facilities shall be completed prior to Final Building and Zoning -23- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Inspections. 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. The vehicular access rights to Orangewood PW — Dev Svcs 45. Avenue, except at the private street opening, shall be released and relinquished to the City of Anaheim. The property owner /developer shall install the PW — Dev Svcs 46. 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. The property owner /developer shall submit for PW — Dev Svcs 47. review a Lot Line Adjustment application to the Public Works, Development Services Division to consolidate the 2 existing parcels into one parcel. Upon approval of the Line Adjustment by the City Surveyor, it shall be recorded along with perfecting deed(s), in the office of the Orange County Recorder. The property owner /developer shall submit to the PW — Dev Svcs 48. Public Works Department, Development Services Division improvement plans to 1) improve private streets per City Standard Detail 162 or as approved by the City Engineer, 2) improve Orangewood Avenue per the Platinum Triangle Implementation Master Plan or as approved by the City Engineer (public). The improvements include, but are not limited to, road widening, curb and gutter, sidewalk, landscape /irrigation, storm drain and sewer facilities, and traffic signals and street striping. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway and the Platinum Triangle requirements and the irrigation shall be connected to the private on -site water system. -24- PC2012 -087 PRIOR TO ISSUANCE OF BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The property owner /developer shall post a security PW — Dev Svcs 49. 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. The location of drop - off/pick -up areas and moving PW — Traffic 50. plazas shall be in substantial accordance with exhibits approved in conjunction with this (COA 49) Conditional Use Permit on file with the Planning Department, as said exhibits may be duly amended from time to time. Any modifications to said areas shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. The property owner /developer shall pay the PW - Traffic 51. appropriate Traffic Signal Assessment Fees, Traffic Impact and Improvement Fees, and (MM 9 -4) 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. The property owner /developer shall irrevocably PW - Traffic 52• offer for dedication (with subordination of easements), including necessary construction (MM 9 -5) 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. The property owner /developer shall pay the PW - Traffic 53. identified fair -share responsibility as determined by the City as set forth in Mitigation Measure 9 -9. (MM 9 -10) 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. -25- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Street improvement plans shall be submitted for PW - Traffic 54. all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. A bond shall be posted for all traffic related street PW - Traffic 55. improvements, including, but not limited to, relocated curb and driveway, new sidewalk, directional signage, and striping as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Plans shall specifically indicate that all vehicular PW - Traffic 56. ramps and grades conform to all applicable Engineering Standards. Prior to issuance of the a building permit for the PW - Traffic 57. 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. Trash storage areas and trash chutes shall be PW - Sanitation 58• provided and maintained in a location acceptable to the Public Works Department, Streets and (COA 46 Sanitation Division, and in accordance with modified) exhibits approved in conjunction with the Conditional Use Permit, on file with the Planning Department, as said exhibits may be duly amended from time to time, and in conformance with Mitigation Monitoring Pregfafn Ne. 126 Plan No. 305. Said information shall be specifically shown on plans submitted for building permits. An on -site trash truck turn -around area shall be PW - Sanitation 59. provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public (COA 47 Works Department, Streets and Sanitation modified) Division and in substantial accordance with -26- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY ,OFF BY exhibits approved in conjunction with this Conditional Use Permit on file with the Planning Department, as said exhibits may be duly amended from time to time, and in conformance with Mitigation Monitoring Pregram Ne. 126 Plan No. 305. Said turn- around area shall be specifically shown on plans submitted for building permits. The surface for fire access lanes shall be as Fire 60. approved by the Anaheim Fire Department. Said information shall be specifically shown on plans (COA 10) submitted for building permits. Plans shall indicate that all buildings shall have fire Fire 61. sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed (MM 7-1) by the property owner /developer prior to each final Building and Zoning inspection. Fire hydrants shall meet minimum Fire Fire 62• Department Specifications and Requirements for spacing, distance to structure and available fire flow. As determined by the Fire Chief, in consultation Fire 63. with City staff, the property owner /developer shall enter into an agreement with the City for the installation of traffic signal preemption equipment for the surrounding controlled intersections. A fire alarm system shall be designed, installed Fire 64. and maintained as required by the Fire Department. Lockable pedestrian and/or vehicular access gates Fire 65. shall be equipped with Knox devices as required and approved by the Fire Department. Prior to issuance of a Building Permit, the Fire 66. property owner /developer shall pay the Public Safety Impact Fee, as amended from time to time, Police (MMs 7 -2 for fire facilities and equipment impact fees and 7 -7) identified in Anaheim Municipal Code Chapter 17.36. Closed circuit television (CCTV) security cameras Police 67• shall be installed to monitor the parking structure -27- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY and the mailroom on the .. °, end l e ve l of t (COA 27) paFkiiag -struet+fre to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. Than an address monument and/or complex map Police 68• shall be positioned to be readable from the main vehicular or pedestrian access points without (COA 28) causing vehicular stacking and shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. Each individual building and unit shall be clearly Police 69. marked with its appropriate building number and address. These numbers shall be positioned so (COA 29) they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits Lighting on all levels of the parking structure, and all circulation Police 70 areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to 32) provide adequate illumination to make clearly visible the presence (COA of any person on or about the premises during the hours of darkness and provide safe, secure environment for all persons, property, and vehicles on -site. Said information shall be specifically shown on plans submitted for building permits. Prior to issuance of building permits, the property Police 71. owner /developer shall submit plans to the Anaheim Police Department for review and (MM 7 -3) 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 -28- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY 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. Prior to the issuance of each Building Permit for a Police 72. parking structure, the property owner /developer shall submit plans to the Anaheim Police (MM 7 -4) 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. Prior to issuance of a building permit, the property Police 73. owner /developer shall submit design plans that shall include parking lots and parking structures (MM 7 -5) 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. Prior to issuance of a building permit, submitted Resource Efficiency 74. landscape plans shall demonstrate compliance with the City of Anaheim adopted Landscape (MM 10 -7) 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; -29- PC2012 -087 PRIOR TO ISSUANCE OF BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL RE VIEW BY OFF BY • 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 • 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. Prior to issuance of a building permit, submitted Resource Efficiency 75. landscape plans shall demonstrate the use of drought tolerant plant materials pursuant to the (MM 10 -12) publication entitled "Water Use Efficiency of Landscape Species" by the U.C. Cooperative Extension, August 2000. Prior to the issuance of each building permit, the Resource Efficiency 76. property owner /developer shall indicate on plans energy- saving practices that will be implemented (MM 10 -22) 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 -30- PC2012 -087 PRIOR TO ISSUANCE OF BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY .OFF BY 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: • New construction design review, in which the City cost - shares engineering for up to $15,000 for design of energy efficient buildings and systems. • 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.. • 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 [gpfl or less). • Use of zero to low water use urinals (0.0 gpf to 0.25 gpf). -31- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY • Use of weather -based irrigation controllers for outdoor irrigation. • Use of draught- tolerant and native plants in outdoor landscaping. The legal property owner shall irrevocably offer to Water 77. dedicate to the City of Anaheim an easement of twenty (20) feet in width for water service mains (COA 59) and/or an easement for large meters, backflow devices and other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. Backflow devices and large meters shall be located above ground. All existing water services shall conform to Water 78. current Water Utility Standards on file in the Water Engineering Division of the Public Utilities (COA 60) Department. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner /developer. If the existing services are no longer needed, they shall be abandoned by the property owner /developer. All request for new water services or fire lines, as Water 79• well as any modification, relocation, or abandonment of existing water services and fire (COA 61) lines, shall be coordinated through and reviewed for approval by the Water Engineering Division of the Public Utilities Department. Prior to submitting the water improvement plans, Water 80. the property owner /developer shall submit a water system master plan, including a hydraulic (COA 62) distribution network analysis, 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. Prior to application for water meters, fire lines or Water 81. submitting for the water improvement plans for approval, the property owner /developer shall (COA 63) submit to the Water Engineering Division of the -32- PC2012 -087 PRIOR TO ISSUANCE OF BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL, REVIEW BY OFF BY Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule 15A.6 of the Water Utility Rates, Rules, and Regulations. Because this project has a landscaping area Water 82• exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City (COA 64) Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. Prior to rendering water service, the property Water 83• owner /developer shall submit a set of improvement plans for Public Utilities (COA 66) Department, Water Engineering Division, review and approval in determining the conditions necessary for providing water to the project. Water improvement plans shall be submitted to the Water 84• Water Engineering Division of the Public Utilities Department for review and approval. A (COA 67) performance bond in the amount approved by the City Engineer, and the form approved by the City Attorney, shall be posted with the City of Anaheim. All required water improvements shall be installed prior to the first building and zoning inspection. Prior to the issuance of the first building permit, Water 85. the property owner /developer shall provide engineering studies, including network analysis, to (MM 10 -8) 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. -33- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY A private water system with separate water Water 86• services for fire protection and domestic water shall be provided. All backflow equipment shall be located above Water 87. ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector A Landscape Documentation Package and a Building 88. Certification of Completion are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code and Ordinance No. 6160 regarding water conservation. Plans submitted for Building Permits shall indicate Water 89. compliance with the following: • The water system serving this development shall be private. • All water service connections /laterals /meters shall be made from Orangewood Avenue. No water service connections /laterals /meters are permitted in private drives or fire lanes unless otherwise approved by the Water Department. • The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: • 10 -feet minimum separation (outside wall to outside wall) from sanitary sewer mains and laterals. • 5 -feet minimum separation from all other utilities, including storm drains, gas and electric. • 3 or 6 -feet minimum separation from curb -34- PC2012 -087 PRIOR TO ISSUANCE OFA BUILDING PERMIT SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY .OFF BY face. Water 93. • No public water main or public water facilities shall be installed in private alleys or paseo areas unless otherwise approved by the Water Department. • No public water mains, laterals or meters are allowed under parking stalls or parking lots. The property owner /developer shall contact Water Water 90. Engineering for reclaimed water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. The property owner /developer shall pay for an Electrical 91. underground line extension to the nearest electrical source that has the capacity to serve their (COA 7) loads in an amount determined by the Electrical Engineering Division of the Public Utilities Departments. Any required relocation of City electrical facilities shall be at property owner /developer expense. Landscape and/or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. The property owner /developer shall coordinate Electrical 92• 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. PRIOR TO APPROVAL OF WATER IMPROVEMENT PLANS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The property owner /developer shall irrevocably Water 93. offer to dedicate to the City of Anaheim (i) an easement for all large domestic above - ground water meters and fire hydrants, including a 5 -foot wide easement around the fire hydrant and/or water meter pad. (ii) A 20 -foot wide easement for all water service mains and service laterals all to -35- PC2012 -087 PRIOR TO APPROVAL OF WATER IMPROVEMENT PLANS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY .OFF BY the satisfaction of the Water Engineering Division. Building 94. The easements shall be granted on the Water Engineering Division of the Public Utilities PW — Dev Svcs (MM 5 -1) Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and PW — Dev Svcs 95. maintenance of all surface improvements other than asphalt paving shall be the responsibility of (MM 10 -2) the Owner and included and recorded in the Master CC & Rs for the project. PRIOR TO APPROVAL OF STREET IMPROVEMENT PLANS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Prior to approval of street improvement plans for Building 94. any project - related roadway widening, the City shall retain a qualified acoustic engineer to design PW — Dev Svcs (MM 5 -1) 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. Prior to the approval and ongoing during PW — Dev Svcs 95. construction of any street improvement plans within the Platinum Triangle, which encompass (MM 10 -2) 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. -36- PC2012 -087 PRIOR TOAPPROVAL OFSTREET IMPROVEMENT PLANS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY .OFF BY Prior to the approval and ongoing during PW - Dev Svcs 96. construction of any street improvement plans within the Platinum Triangle, which encompass PW - Construction (MM 10 -5) 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. Prior to final design approval, additional analysis PW — Dev Svcs 97. shall be performed and provided for each individual project using flow, wet - weather data, (MM 10 -6) and other information specific for that project in order to obtain more accurate results of the surcharge levels for final design. PRIOR TOAPPROVAL OFSANITARYSEWER CONNECTIONS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The property owner /developer shall be required to PW — Dev Svcs 98• install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer spill for PW - Construction (MM 10 -4) 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. ON- GOINGDURING GRADING, DEMOLITIONAND CONSTRUCTION SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The property owner /developer shall be responsible Building 99. for requiring contractors to implement the following measures to reduce construction- related PW - Construction (MM 2 -1) -37- PC2012 -087 ON -GOING DURING GRADING, DEMOLITIONAND CONSTRUCTION SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY emissions: 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. The property owner /developer shall implement the Building 100. following measures in addition to the existing requirements for fugitive dust control under South Coast Air PW - Construction (MM 2 -2) Quality Management District Rule 403 to further reduce PMto and PM 2 ., emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: a) During all grading activities, the property owner /developer's construction contractor shall re- establish ground cover on the construction site through seeding and watering as quickly as possible to achieve a minimum control efficiency for PM of 5 percent. b) During all grading activities, the property owner /developer's construction contractor shall apply chemical soil stabilizers Pave to on -site haul roads to achieve a control efficiency for PMto 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. -38- PC2012 -087 ON -GOING DURING GRADING, DEMOLITIONAND CONSTRUCTION SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY e) During all construction activities, the property owner /developer's construction contractor shall sweep streets with Rule 1186 compliant PMIO 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 PMIO 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 PMIO 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 PM10 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 PM10 of 69 percent. k) During all construction activities, the property owner /developer's construction -39- PC2012 -087 ON -GOING DURING GRADING, DEMOLITIONAND CONSTRUCTION SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY contractor shall limit on -site vehicle speeds on unpaved roads to no more than 15 miles per hour to achieve a control efficiency for PMIO of 57 percent. The property owner /developer shall be responsible Building 101. for requiring contractors to implement the following measures to limit construction- related (MM 5 -7) 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 The property owner /developer shall be responsible Building 102. for requiring project contractors to properly maintain and tune all construction equipment to (MM 5 -8) minimize noise emissions. The property owner /developer shall be responsible Building 103. for requiring project contractors to locate all stationary noise sources (e.g., generators, (MM 5 -9) compressors, staging areas) as far from occupied noise - sensitive receptors as is feasible. Material delivery, soil haul trucks, and equipment Building 104. servicing shall also be restricted to the hours set forth in the City of Anaheim Municipal Code, (MM 5 -10) Section 6.70. Prior to commencement of structural framing, fire Fire 105. hydrants shall be installed and charged as required and approved by the Fire Department. -40- PC2012 -087 ON- GOINGDURING GRADING, DEMOLITIONAND CONSTRUCTION SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY An all- weather access road as approved by the Fire 106. Fire Department shall be provided during construction. PRIOR TO CONNECTION OF ELECTRICAL SERVICE SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The legal property owner shall provide the City of Electrical 107. Anaheim with an easement for electrical service lines to be determined as electrical design is (COA 8) completed to the satisfaction of the Electrical modified) Engineering Division of the Public Utilities Department. Said easement shall be submitted to the City of Anaheim prior to connection of Planning 111. electrical service. The property shall be served with underground Electrical 108. utilities per the electrical rates, rules, and modified) regulations (most current fees apply), and the City City Attorney (COA 9) of Anaheim Underground Policy. The legal property owner shall submit payment to Electrical 109. the City of Anaheim for service connection fees. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY The subject property shall be developed Planning 110. substantially in accordance with plans and specifications submitted to the City of Anaheim by (COA 69 property owner /developer and which plans are on modified) file with the Planning Department marked &diibi t Nee. ' �.�-- r- t1ffaa� 1-2- and as conditioned herein. The legal property owner shall execute and record Planning 111. with the Orange County Recorder unsubordinated Covenants, Conditions and Restrictions (CC &Rs) PW — Dev Svcs (COA 19 applicable to the subject property entire Preje modified) i b A na h e i in an d O range in a form satisfactory City Attorney to the Planning Director, Public Works Director and the City Attorney, setting forth the requirements of Mitigation Monitoring Pr- -41- PC2012 -087 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Ne�26 Plan No. 305 and the conditions of approval in CUP2003- 04763A and creating maintenance obligations to maintain the project facilities (Maintenance Areas and Facilities) including but not limited to, the items listed in Exhibit "A" attached to this resolution. A formal request and submittal to the City via PW — Dev Svcs 112. Real Property Services to vacate the existing bike path and utility easements is required. The approval and recordation of the easement(s) vacation needs to be approved prior to final building and zoning inspections. ADA compliant curb access ramps with truncated PW — Dev Svcs 113. domes shall be constructed at the intersection of Orangewood Avenue on both sides of the private street in conformance with Public Works Standard Detail 111 -3. All required public improvements, including PW — Dev Svcs 114. operational sewer improvements, shall be completed and submitted to the City for acceptance and bond release per AMC 17.08.480. The property owner /developer shall obtain a right- PW - Field 115. of -way construction permit at the Public Works Engineering counter for all work within the public (COA 33) right -of -way, including repair of existing improvements damaged prior to or during construction at the site, must be complete and accepted by the Field Engineer prior to the first final building and zoning inspection. No required parking area shall be fenced or PW - Traffic 116. otherwise enclosed for any other purpose including outdoor storage uses. (COA 53) In accordance with the timing required by the PW - Traffic 117. Traffic and Transportation Manager, but no later than prior to the first final Building and Zoning (MM 2-5) inspection, the property owner /developer shall implement the following measures to reduce long- term operational CO, NOx, ROG, and PM10 emissions: -42- PC2012 -087 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY a. Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinkerhoff, August 2010 and Master Plan of Arterial Highways (MPAH) shall be implemented as required by the Traffic and Transportation Manager. b. The property owner /contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. The property owner /developer shall submit project PW - Sanitation 118. plans to the Streets and Sanitation Division of the Public Works Department for review and approval (MM 10 -18) to ensure that the plans comply with A13939, 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. -43- PC2012 -087 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY • Prohibiting curbside pick -up. Planning 122• • Ensuring hazardous materials disposal complies with federal, state, and city regulations. Code Enforcement 123. A private water system with separate water service Fire 119. for fire protection and domestic water shall be Water (COA 17) provided. (COA 12) from time of occurrence. Pedestrian and vehicular access control shall be Fire 120. required to prevent unwanted entry. A digital Police keypad entry system (COA 31 4-2y shall be included to facilitate quick response modified) by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. All existing water services and fire lines shall Water 121. conform to current Water Services Standards Specifications. Any water service and/or fire line (COA 65) that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is not longer needed. The property owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. GENERAL SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY If project construction ceases for a minimum of Planning 122• one year, screening shall be provided along Orangewood Avenue. The property shall be permanently maintained in Code Enforcement 123. an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and (COA 17) removal of graffiti within twenty-four (24) hours from time of occurrence. -44- PC2012 -087 GENERAL SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY Any tree planted on -site shall be replaced in a Code Enforcement 124. timely manner in the event it is removed, damaged, diseased and/or dead. (COA 18) Sanitary sewers and storm drains within the PW- Dev Svcs 125. development shall be privately maintained. (COA 36) Ongoing during project operation, if the Anaheim Police PW — Traffic 126. Department of Anaheim Traffic Management Center (TMC) personnel are required to provide Police (MM 7 -6) temporary traffic control services, the property owner /developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services. Ongoing during project operations, the following practices PW - Sanitation 127. shall be implemented, as feasible, by the property owner /developer: (MM 10 -19) • 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. -45- PC2012 -087 Exhibit "A" Maintenance Areas and Facilities As a condition of approval of Conditional Use Permit No. 2003- 04763A, the City requires the LEGAL PROPERTYOWNER ( "OWNER") to undertake and implement the maintenance of certain landscaping, private accessways and private utilities, and the performance of other obligations, as set forth in Mitigation Monitoring Plan No. 305 and the Conditions of Approval of said Conditional Use Permit. Prior to the first final building and zoning inspection for the first residential dwelling unit, OWNER shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ( "CC &Rs ") satisfactory to the Planning Director and the City Attorney creating maintenance obligations for the OWNER to establish a financial mechanism or financial mechanisms to maintain the following: a. Private streets, street lights and street signs (including the private accessway from Orangewood Avenue); b. Private sewer, water and storm drain lines, together with all appropriate appurtenances; c. Landscape and courtyard areas and all drainage facilities (including, but not limited to French drains, down drains, drainage swales, etc); I Landscape maintenance easements; e. Parkway landscaping and irrigation; f Covered on -site storage for bicycles in the parking structure; g. Operable washer and dryer in each dwelling unit; h. Recreational amenities as depicted on exhibits for Conditional Use Permit No. 2003 - 04763A, on file with the Planning Services Division of the Planning and Building Department; i. Solid Waste Management Plan, the original signed copy which is on file in the Streets and Sanitation Division of the Public Works Department; and j. Compliance with the approved Water Quality Management Plan. The CC &Rs shall ensure that the maintenance of the project meets standards associated with luxury apartments, and provides mechanisms to enforce these standards. The property shall be permanently maintained in an attractive, safe and orderly fashion consistent with said standards, including regular landscape and other maintenance, prompt removal of trash or debris, parking and other controls and the removal of graffiti within twenty -four (24) hours from time of occurrence. The obligations described above shall collectively be referred to as the "Maintenance Obligations." The OWNER shall be responsible for the maintenance of the Common Area and performance of the Maintenance Obligations, including any additional obligations which may be specified herein. Reconveyance of all or part of the Common Area or any property interest therein to a party other than the OWNER shall require (i) the prior written consent of the City, (ii) appurtenant easements over the Common Area for the benefit of each and every lot in the Property and (iii) that the reconveyance expressly affirms that the provisions of Civil Code Section 1367 relating to lien rights -46- PC2012 -087 to enforce delinquent assessments and the CC &Rs shall remain applicable. The CC &Rs may provide any of the Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure and/or Maintenance Assessment District subject to CITY's written approval. The covenants and restrictions set forth herein constitute a general scheme for the development, protection and maintenance of the Property for the benefit of all owners thereof. Such covenants and restrictions shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and restrictions are intended to be and shall be declared in the CC &Rs to be covenants running with the land or equitable servitudes upon the land, as the case may be. The CC &Rs shall provide that termination of the CC &Rs or amendment of any provision which may negatively impact performance of the Maintenance obligations shall require prior written consent of the City. Termination of the Declaration is not a release of Declarant with regard to Declarant's independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities prior to such termination. -47- PC2012 -087