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Resolution-PC 2012-099RESOLUTION NO. PC2012 -099 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY - CERTIFIED ENVIRONMENTAL IMPACT REPORT NO. 339, TOGETHER WITH THE UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106C FOR THE PLATINUM TRIANGLE, MITIGATION MONITORING PLAN NO. 306, AND ADDENDUM NO. 1 TO ENVIRONMENTAL IMPACT REPORT NO. 339, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PLATINUM VISTA PROJECT AND REQUIRED AND RELATED DISCRETIONARY ACTIONS, AND RECOMMENDING CITY COUNCIL APPROVAL OF THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007 -00002 (DEVELOPMENT AGREEMENT NO. 2007- 00002B) BY AND BETWEEN THE CITY OF ANAHEIM AND SHOPOFF ADVISORS, L.P. (DEV2012- 00060) WHEREAS, pursuant to the adoption of Ordinance No. 6090 by the City Council of the City of Anaheim ( "City Council ") on January 8, 2008, the City of Anaheim, on the one hand, and the Ronald W. Marshall and Deborah L. Marshall Trust, Dated January 7, 1989, the Marshall Family Trust, Dated February 14, 2000, and See Development Limited Partnership (collectively referred to herein as "Marshall /See "), on the other hand, entered into that certain Development Agreement No. 2007 - 00002, which was recorded in the Official Records of the County of Orange, California ( "Official Records ") on March 20, 2008, as Instrument No. 2008000129034 (the "Development Agreement") with respect to that certain real property consisting of approximately 4.13 acres and commonly known as 1005 through 1105 East Katella Avenue in the City of Anaheim, County of Orange, State of California, which real property is generally depicted on the map attached hereto as Exhibit A and more particularly described in Exhibit B attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Development Agreement provided for development of a 327 -unit mixed use residential condominium project with a 9,500 square foot full- service restaurant with an outdoor dining area. In addition to the Development Agreement, the City Council approved Conditional Use Permit No. 2007 -05248 to permit the sales and consumption of alcoholic beverages within a full- service restaurant and Tentative Tract Map No. 17186 to establish a 2 -lot (1 lettered and 1 numbered) residential subdivision (the "Original Project "); and WHEREAS, on June 10, 2008 and prior to its adoption of Ordinance No. 6090 and the approval of Conditional Use Permit No. 2007 - 05248, the City Council found and determined that FSEIR No. 334, including Updated and Modified Mitigation Monitoring Plan No. 106B for the PTMLUP and Mitigation Monitoring Plan No. 153, served as the appropriate environmental documentation for the Original Project; and - 1 - PC2012 -099 WHEREAS, by the adoption of Ordinance No. 6246 on June 5, 2012, the City Council approved Amendment No. 1 to Development Agreement 2007 -00002 ( "Amendment No. 1") to extend the Term of, and provide for other modifications to, the Development Agreement. Amendment No. 1 was recorded in the Official Records on June 14, 2012 as Instrument No. 2012000337873. The Development Agreement and Amendment No. 1 shall be referred to herein collectively as the "Development Agreement'; and WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership ( "Shopoff'), has entered into an agreement with Marshall /See to purchase the Property. Under the authority set forth in Section 65865 of the California Government Code, the Shopoff possesses an equitable interest in and to the Property and is, therefore, authorized to enter into a Development Agreement with the City for the Property; and WHEREAS, pursuant to the authority conferred upon Shopoff by K/L and in accordance with Section 21 of the Development Agreement and Chapter 18.60 of the Anaheim Municipal Code (the "Code "), Shopoff submitted to the City a request to modify the site design and product type of the Original Project, consisting of an increase in the number of dwelling units from 327 to 350 residential apartment units and a reduction in the amount of office and commercial development (the "Platinum Vista Project "). To that end, Shopoff has requested the following entitlements: (a) that the Development Agreement be amended and restated in the form of the proposed First Amended and Restated Development Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002B) (the "Amended and Restated Development Agreement ") presented at the meeting at which this Resolution was adopted; and (b) that Tentative Tract Map No. 17494 be approved. WHEREAS, the Amended and Restated Development Agreement and Tentative Tract Map No. 17494 shall be referred to herein collectively as the "Entitlements'; and WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012- 00007 ( "Final Site Plan") to provide for the development of the Platinum Vista Project, contingent upon the approval of the proposed Entitlements; and WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ") conducted a public hearing for the proposed Entitlements at the Civic Center in the City of Anaheim on December 3, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, and considered information presented by City staff and evidence for and against said proposed entitlements; and -2- PC2012 -099 WHEREAS, this Planning Commission finds and determines that (i) FSEIR No. 339, together with Mitigation Monitoring Program No. 306 and Addendum No. 1, serve as the appropriate environmental documentation for the proposed Platinum Vista Project and the Entitlements and satisfy all the requirements of CEQA; (ii) none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report have occurred in connection with the proposed Platinum Vista Project and/or the Entitlements; and (iii) no fintber environmental documentation needs to be prepared under CEQA for the proposed Platinum Vista Project and/or the Entitlements and all other actions authorized by this Resolution; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the testimony, evidence and reports offered at said hearing, does find and determine that the proposed Amended and Restated Development in the form presented at this meeting meets all of the requirements set forth in Resolution No. 82R -565 (the "Procedures Resolution "), which was adopted by the City Council on November 23, 1982; that is: 1. The proposed Amended and Restated Development Agreement is consistent with the City's General Plan in that it is in conformance with the General Plan Mixed Use land use designation for the Property and with the goals, policies, programs and objectives specified in the General Plan. 2. The proposed Amended and Restated Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the applicable zoning district in which the Project is and will be located, and is consistent with the Platinum Triangle Mixed Use Overlay requirements. 3. The proposed Amended and Restated Development Agreement is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements the Platinum Triangle Mixed Use Overlay Zone requirements. 4. The proposed Amended and Restated Development Agreement is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. The approval of the proposed Amended and Restated Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Procedures Resolution. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this Planning Commission does hereby recommend that the City Council take the following action: 1. Find and determine that that (i) FSEIR No. 339, together with Mitigation Monitoring Program No. 306 and Addendum No. 1, serve as the appropriate environmental documentation for the proposed Platinum Vista Project and the Entitlements and satisfy all of the requirements of CEQA; (ii) none of the conditions described in Section 15162 of the State -3- PC2012 -099 CEQA Guidelines calling for the preparation of a subsequent environmental impact report have occurred in connection with the proposed the Platinum Gateway Project and/or the Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the proposed Platinum Gateway Project and/or the Entitlements and all other actions authorized by this Resolution; and 2. Approve and adopt the proposed Amended and Restated Development Agreement in the form presented at this meeting. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions set forth in the proposed Amended and Restated Development Agreement, which are also set forth in Exhibit C attached hereto. Should said conditions, or any part thereof, be declared invalid or unenforceable by a final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the proposed Amended and Restated Development Agreement be approved contingent upon and subject to the approval by the City Council of Tentative Tract Map No. 17494. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 3, 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. IVn CHAIR, ANAHEIM CITY P ING COMMISSION ATTEST: SENIOR SECtETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -099 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 December 3, 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 3` day of December, 2012. SENIOR SECRETARY, ANAHEIM CITY COMMISSION -5- PC2012 -099 EXHIBIT "A" DEV NO. 2012 -00060 APN: 082 - 261 -28 319' o ° Q 3 z o: D N 305' E KATELLA AVE z 0 W VI 3 0� 9P�Fr � co ® o so ioo Source: Recorded Tract Maps and /or City GIS. rcec Please note the accuracy Is +/_ two to five feat. -6- PC2012 -099 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY PARCEL NO. 1 PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA [Assessor's Parcel No. 082 - 261 -27] PARCEL NO. 2 PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 111, PAGES 40 TO 42 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. [Assessor's Parcel No. 082 - 261 -28] -7- PC2012 -099 EXHIBIT "C" CONDITIONS OF APPROVAL THE FURST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2007-00002 PLATINUM VISTA APARTMENTS (DEVELOPMENT AGREEMENT NO. 2007-00002B) (DEV2012- 00060) NOTE: Mitigation Measures ( "MM "), from Mitigation Monitoring Program No. 306 are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers. -8 - PC2012 -099 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY PRIOR TO ISSUANCE -OFA GRADING PERMIT OR DEMOLITION PERMITS 1 Prior to approval of each grading plan (for Planning Division (NIM2 -3) Import/Export Plan) and prior to issuance of demolition permits (for Demolition Plans), the Traffic and property owner /developer shall submit Demolition Transportation and Import/Export Plans detailing construction and demolition (C &D) recycling and waste reduction measures to be implemented to recover C &D materials. These plans shall include identification of off -site locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials on -site or to an adjacent site, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects if not all can be reused at the project site. 2 Prior to issuance of the grading permit and right -of- Development way construction permit for the storm drain and Services sewer, whichever occurs first, a Save Harmless agreement in -lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. -8 - PC2012 -099 3 At least 90 days prior to the initiation of grading Building Division (MM 3 -2) activities, for projects greater than one acre, coverage for the project must be obtained by electronically submitting permit registration documents to the State or obtaining coverage via current general construction permit prescribed method by the property owner /developer pursuant to State and Federal National Pollution Discharge Elimination System ( NPDES) requirements. As part of the NOI, a Surface Water Pollution Prevention Plan (SWPPP) shall be prepared. The property owner /developer shall also prepare and submit to the Development Services Division of the Public Works Department, a Water Quality Management Plan (WQMP) in accordance with the City's municipal NPDES requirements and Chapter 7 of the Orange County Drainage Area Management Plan. The WQMP must be approved prior to issuance of grading permit. The SWPPP, in conjunction with the WQMP, will describe the structural and nonstructural BMPs that will be implemented during construction (short-term) within the Project Area as well as BMPs for long- term operation of the Project Area that address potential impacts to surface waters. 4 The City Engineer shall review the location of Development (MM10 -1) each project to determine if it is located within an Services area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and 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 each development project, the property owner /developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to mitigate the impacts of the proposed development based upon the latest updated sewer -9- PC2012 -099 -10- PC2012 -099 study for the Platinum Triangle. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, if adopted for the project area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 5 Prior to approval of a final subdivision map or Development (MM10 -3) issuance of a grading or building permit for each Services development project, whichever occurs first, the property owner /developer shall contact Orange County Sanitation District (OCSD) regarding sewer capacity. Additionally, if requested by the OCSD, the property owner /developer shall place up to three flow monitoring devices for up to a month to verify capacity and ensure consistency with the OCSD's modeling results. 6 Prior to the issuance of the first grading permit, the Development OWNER shall demonstrate that coverage has been Services obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOT) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. The owner shall prepare and implement a Stormwater Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 7 Prior to the issuance of the first building permit, Water Engineering (MM10 -8) the property owner /developer shall provide Division engineering studies, including network analysis, to size the water mains for ultimate development within the project. This includes detailed water usage analysis and building plans for Public Utilities Water Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. 8 Prior to the issuance of the first building permit or Water Engineering (MM10 -9) grading permit, whichever occurs first, the property owner /developer shall indicate on plans installation of a separate irrigation meter when the -10- PC2012 -099 - 11 - PC2012 -099 total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) 9 The property owner shall comply with Rule 15D Water Engineering of the Water Utilities Rates, Rules, and Regulations and pay all applicable water assessment fees. Prior to issuance of a building permit or grading Resource Efficiency 10 permit, whichever occurs first, the property (NMIO -13) owner /developer shall indicate on plans water efficient design features including, but not limited to (as applicable to the type of development at issue) waterless water heaters, waterless urinals, automatic on and off water faucets, and water efficient appliances. Prior to issuance of a building permit or grading Water Engineering 11 permit, whichever occurs first, the property (MM10 -14) owner /developer shall indicate on plans installation of a separate irrigation lines and use recycled water when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. The property owner /developer shall contact the Public Utilities Department, Water Engineering Division, for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. 12 Prior to approval of a final subdivision map or Development (NMIO -17) issuance of a grading or building permit, Services whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create 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 - 11 - PC2012 -099 -12- PC2012 -099 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. 13 Prior to issuance of the grading permit, the property Development owner shall submit a final drainage report and Services project improvement plans that incorporate the required drainage improvements and the mechanisms proposed in the Drainage Report. No offsite run -off shall be blocked during and after grading operations or perimeter wall construction. 14 Prior to issuance of a grading permit, the property Development owner /developer shall submit plans documenting Services 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 floodproofed to prevent damage to property or harm to people. Prior to the approval of each grading plan (for Streets and Sanitation 15 import/export plan) and prior to issuance of (MM 10 -20) demolition permits (for demolition plans), the Planning Division property owner /developer shall submit a Demolition and hnport/ Export Plans, if Traffic and determined to be necessary by the Public Works Transportation 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 -12- PC2012 -099 -13- PC2012 -099 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. 16 Prior to issuance of each building permit or Electrical (NM10 -23) grading permit, whichever occurs first, the Engineering property owner /developer shall install their portion of the underground electrical service from the Public Utilities Distribution System as determined by the City of Anaheim Public Utilities Department. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications of Underground Systems. Electrical service fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. The underground electrical service will consist of the following improvements to the current electric facilities: • Relocate Southern California Edison transmission line underground on Katella Avenue from west of the Union Pacific Railroad to Lewis Street (850 feet). • Relocate Southern California Edison communication line underground on Katella Avenue from Lewis Street to east of State College Boulevard (2,400 feet). • A new distribution duct bank on Katella Avenue from Lewis Street to 700 feet west of State College Boulevard (2,400 feet). • Relocate distribution circuits underground on Katella Avenue from Lewis Street to 700 feet west of State College Boulevard (2,400 feet). • A new distribution duct bank on -13- PC2012 -099 -14- PC2012 -099 Orangewood Avenue from Anaheim Way to State College Boulevard (1,500 feet). • Relocation a distribution circuit underground on Orangewood Avenue from State College Boulevard to west of the Santa Ana River (1,600 feet). • A new distribution duct bank on Gene Autry Way from I -5 to State College Boulevard (2,500 feet). • A new distribution duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • Anew distribution duct bank on Lewis Street from Katella Avenue to Gene Autry Way (950 feet). • Relocate a distribution circuit underground on Douglas Street from Katella Avenue to Cerritos Avenue (1,000 feet). 17 Prior to issuance of each building permit or Electrical (MM10 -25) grading permit, whichever occurs first, the Engineering property owner /developer shall install their portion of the underground electrical service from the Public Utilities Distribution System as determined by the City of Anaheim Public Utilities Department. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications of Underground Systems. Electrical service fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City. The underground electrical service will consist of the following improvements to the current electric facilities: • Two new distribution duct banks on Katella Avenue from Anaheim Way to Lewis Street (800 feet). • A new distribution duct bank on Katella Avenue from Douglas Road to Howell Avenue (2,000 feet). • Anew distribution duct bank on State -14- PC2012 -099 -15- PC2012 -099 College Boulevard from Cerritos Avenue to Katella Avenue (2,600 feet). • A new distribution duct bank on Orangewood Avenue from I -5 to the Santa Ana River (4,800 feet). • Anew distribution duct bank on Gene Autry Way from Haster Street to the east side of I -5 (2,500 feet). • Anew distribution duct bank on Gene Autry Way from I -5 to State College Boulevard (2,500 feet). • Anew transmission duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • A new transmission duct bank on Lewis Street and Santa Cruz Street from Katella Avenue to Orangewood Avenue (3,000 feet). • Anew distribution duct bank on the east side of the Angel Stadium parking lot from Orangewood Avenue to the SR -57 (2,000 feet). Anew distribution duct bank on Douglas Road from SR -57 to Cerritos Avenue (4,000 feet). PRIOR TO ISSUANCE OFA BUILDING PERMIT 18 The property owner /developer shall submit South Coast Air (MM24) evidence that high- solids or water -based low Quality Management emissions paints and coatings are utilized in the District design and construction of buildings, in compliance with South Coast Air Quality Management District's regulations. This information shall be denoted on the project plans and specifications. Additionally, the property owner /developer's shall specify the use of high - volume/low- pressure spray equipment or hand application. Air - atomized spray techniques shall not be permitted. Plans shall also show that property owner /developers shall constructibuild with materials that do not require painting, or use prepainted construction materials, to the extent feasible. 19 The property owner /architect shall submit energy -15- PC2012 -099 (MM2 -6) calculations used to demonstrate compliance with Building Division the performance approach to the California Energy Efficiency Standards to the Building Division that shows each new structure exceeds the applicable Building and Energy Efficiency Standards by a minimum of 10 percent at the time of the building permit. Prior to issuance of a building permit, plans shall show the following: a) Energy - efficient roofing systems, such as vegetated or "cool" roofs, that reduce roof temperatures significantly during the summer and; therefore, reduce the energy requirement for air conditioning. Examples of energy efficient building materials and suppliers can be found at the following website: http: / /eetd.lbl.gov /CoolRoofs/ or other similar websites. b) Cool pavement materials such as lighter - colored pavement materials, porous materials, or permeable or porous pavement, for all roadways and walkways not within the public right -of -way, to minimize the absorption of solar heat and subsequent transfer of heat to its surrounding environment. Examples of cool pavement materials are available at: http: / /www.epa.gov/heatisld/ images/ extra/level3 _pavingproducts.html or other similar websites. c) Energy saving devices that achieve the existing 2008 Building and Energy Efficiency Standards, such as use of energy efficient appliances (e.g., EnergyStar@ appliances) and use of sunlight - filtering window coatings or double -paned windows. d) Electrical vehicle charging stations for all commercial structures encompassing over 50,000 square -feet. e) Shady trees strategically located within close proximity to the building structure to reduce heat load and resulting energy usage at residential, commercial, and office. -16- PC2012 -099 20 (NM5 -1) Prior to approval of street improvement plans for any project - related roadway widening, the City shall retain a qualified acoustic engineer to design project acoustical features that will limit traffic noise at noise sensitive uses to levels that are below the City's noise ordinance. These treatments shall be noted on the street improvement plans to the satisfaction of the Planning Department and may include, but are not limited to, the replacement of windows and doors at existing residences with acoustically rated windows and doors. Development Services Building Division 21 The project property owner /developers shall Building Division (MM5 -2) submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development will be sound - attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, stadium, etc.), and railroad, to meet City interior 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. 22 To reduce noise and vibration impacts from the Building Division (MM5 -5) impact pile driver, the construction contractor shall evaluate the feasibility of using auger cast piles or a similar system to drill holes to construct -17- PC2012 -099 - 18- PC2012 -099 cast -in -place piles for a pile - supported transfer slab foundation system. This alternative construction method would reduce the duration necessary for use of the impact pile driver and/or eliminate the need to use pile drivers altogether. Proof of compliance with this measure shall be submitted to the Planning Department in the form of a letter from the construction contractor. 23 Plans shall indicate that all buildings shall have Fire Department (MM7 -1) fire sprinklers in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed by the property owner /developer prior to each final Building and Zoning inspection. 24 The property owner /developer shall pay the Public Fire Department (MM7 -2) Safety Impact Fee, as amended from time to time, for fire facilities and equipment impact fees identified in Anaheim Municipal Code Chapter 17.36. 25 The property owner /developer shall submit plans Police Department (MM7 -3) to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including implementation of Ordinance 6016 and the concept of crime prevention through environmental design (i.e., building design, circulation, site planning and lighting of parking structure and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. 26 For a parking structure, the property Police Department (MM74) owner /developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections. - 18- PC2012 -099 27 The property owner /developer shall submit design Police Department (MM7 -5) plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the review and approval of the Anaheim Police Department. 28 The property owner /developer shall pay the school Community (NIM7 -9) impact fees as adopted by the Board of Trustees of Development the Anaheim Union High School District and Anaheim City School District in compliance with Building Division Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). 29 The property owner /developer shall pay the Traffic and (MM9 -4) appropriate Traffic Signal Assessment Fees, Transportation Traffic Impact and Improvement Fees, and Platinum Triangle Impact Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City - authorized improvements provided by the property owner /developer; and participate in all applicable reimbursement or benefit districts which have been established. 30 Prior to approval of the first building permit the Traffic and (MM9 -5) property owner /developer shall irrevocably offer Transportation for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan. 31 Any project forecast to generate 100 or more peak Traffic and (NIM 9 -6) hour trips, as determined by the City Traffic and Transportation Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, property owner /developers shall prepare traffic improvement phasing analyses to identify when the improvements identified in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parson Brinkerhoff, August 2010 (Appendix F of this SEIR) shall be designed and constructed. The Development Agreement -19- PC2012 -099 -20- PC2012 -099 Conditions of Approval shall require the property owner /developer to implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City's General Plan, based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The Development Agreement Conditions of Approval shall require the property owner /developer to construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 32 In conjunction with the preparation of any traffic Traffic and (MM9 -7) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, property owners /developers will analyze to determine when the intersection improvements shall be constructed, subject to the conditions identified in Mitigation Measure 9 -6 of Mitigation Monitoring Plan No. 106C. The improvement phasing analyses will specify the timing, funding, construction and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. At minimum, fair -share calculations shall include intersection improvements, rights -of- way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. The Development Agreement Conditions of Approval shall require the property owner /developer to construct, bond for or enter into a funding agreement for necessary circulation -20- PC2012 -099 -21- PC2012 -099 system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 33 In conjunction with the preparation of any traffic Traffic and (MM9 -8) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, the following actions shall be taken in cooperation with the City of Orange: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair -share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b) The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with the City of Orange. c) The Proposed Project shall pay the City of Anaheim the fair -share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. d) The City shall work with the City of Orange to amend the JCFA to ensure the fair share fees collected to mitigate arterial and intersection impacts in the City of Orange are mitigated to the extent feasible. 34 hi conjunction with the preparation of any traffic Traffic and (MM9 -9) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners /developers and the City will take the following actions in cooperation with Caltrans: -21- PC2012 -099 -22- PC2012 -099 a) The traffic study will identify the Project's proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. b) The City shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans. 35 Prior to the approval of a building permit the Traffic and (MM9 -10) property owner /developer shall pay the identified Transportation fair -share responsibility as determined by the City as set forth in Mitigation Measure 9 -9. The City shall allocate the property owners /developers fair - share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. 36 Prior to approval of the first building permit the Traffic and (MM9 -11) property owner /developer shall irrevocably offer Transportation for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan and consistent with the adopted Platinum Triangle Master Land Use Plan, regardless of the level of impacts generated by the project. Prior to issuance of the first building permit for Traffic and 37 each building, the property owner /developer shall Transportation (MM9 -14) pay the appropriate Traffic Signal Assessment Division Fees, Traffic Impact and hnprovement Fees, and Platinum Triangle hnpact 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 -22- PC2012 -099 -23- PC2012 -099 applicable reimbursement or benefit districts which have been established. 38 The property owner /developer shall meet with the Traffic and (MM9 -15) Traffic and Transportation Manager to determine Transportation whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is Orange County required, it shall be placed in a location that least Transportation impacts traffic flow and may be designed as a bus Authority (OCTA) turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). 39 Prior to approval of sanitary sewer connections for Public Works (MM10 -4) each development project, the property Department, owner /developer shall be required to install the Development sanitary sewer facilities, as required by the City Services Division Engineer, to prevent the sewer spill for below -grade structures of the proposed development based upon the latest updated sewer study for the Platinum Triangle. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when they are above the pipe crown. 40 Prior to issuance of a building permit, additional Development (MM10 -6) analysis shall be performed using flow, wet- Services weather data, and other information specific for that project in order to obtain more accurate results of the surcharge levels for final design. 41 Landscape plans shall demonstrate compliance Resource Efficiency (MM10 -7) with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in Public Works, compliance with the State of California Model Development Water Efficient Landscape Ordinance (AB 1881). Services 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 -23- PC2012 -099 -24- PC2012 -099 exterior areas; • Low -flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self - closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets and urinals; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water - efficient dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low -flow sprinkler heads in irrigation system; • Use of waterway recirculation systems; • Provide information to the public in conspicuous places regarding water conservation; and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 42 Submitted landscape plans for all residential, Resource Efficiency (MM 10 -12) office and commercial landscaping shall demonstrate the use of drought tolerant plant materials pursuant to the publication entitled "Water Use Efficiency of Landscape Species" by the U.C. Cooperative Extension, August 2000. 43 The property owner /developer shall submit project Streets and Sanitation (MM10 -18) plans to the Streets and Sanitation Division of the Public Works Department for review and approval to ensure that the plans comply with AB939, and the Solid Waste Reduction Act of 1989, and the County of Orange and City of Anaheim Integrated Waste Management Plans as administered by the -24- PC2012 -099 -25- PC2012 -099 City of Anaheim. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on- site recycling facilities. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City or governing agency. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for non- recyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on -site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick -up. Ensuring hazardous materials disposal complies with federal, state, and city regulations. 44 The property owner /developer shall submit plans Business and (MM 10 -21) showing that each structure will exceed the State Community Energy Efficiency Standards for Nonresidential Programs Buildings (Title 24, Part 6, Article 2, California Code of Regulations) by a minimum of 10 percent and will consult with the City of Anaheim Public Utilities Department Business and Community Programs Division. This consultation shall take place during project design in order to review Title 24 measures that are incorporated into the project design energy efficient practices and allow potential system alternatives such as thermal energy storage air - conditioning, lighting, and building envelope options. Plans submitted for building permits shall show the proposed energy efficiencies and systems alternatives. 45 The property owner /developer shall indicate on Business and -25- PC2012 -099 (MM 10 -22) plans energy - saving practices that will be Community implemented with the project in compliance with Programs Title 24, which may include the following: • High - efficiency air- conditioning with EMS (computer) control. • Variable Air Volume (VAV) air distribution. • Outside air (100 percent) economizer cycle. • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors /separable activity areas. • Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan-coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps. • Use of cold cathode fluorescent lamps. • Use of EnergyStar ® exit lighting or exit signage. • Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for spaces or facilities that may require air- conditioning during summer, day -peak periods. • Consideration for participation in Advantage Services Programs such as: • 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 -26- PC2012 -099 -27- PC2012 -099 kWh saved for each measure and up to $200,000 per facility for efficiency that exceed Title 24 requirements. o Green Building Program — Offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. • Use of high efficiency toilets (1.28 gallons per flush [gpf] or less). • Use of zero to low water use urinals (0.0 gpf to 0.25 gpf). • Use of weather -based irrigation controllers for outdoor irrigation. Use of draught - tolerant and native plants in outdoor landscaping. 46 The property owner /developer shall submit plans Business and (MM 10 -24) for review and approval which shall ensure that Community buildings exceed the State Energy Efficiency Programs Standards for Nonresidential buildings (Title 24, Part 6, Article 2, California Administrative Code) by a minimum of 10 percent. 47 Prior to issuance of each building permit or Electrical (MM10 -26) grading permit, the property owner /developer shall Engineering provide an electrical load analysis to the City of Anaheim Public Utilities Department (APUD). The analysis shall include a load schedule and maximum electrical coincident demand. Should the property owner /developer's load analysis result in a contributed load forecasted to exceed 20 MVA above the existing 40 MVA capacity of the electrical system currently serving the Platinum Triangle area, the APUD will initiate construction of a new electrical substation within the Platinum Triangle project area. Electrical service fees and other applicable fees for the electrical substation will be assessed in accordance with the Electric Rules, Rates, Regulations or another financial mechanism approved by the City design features. 48 The property owner /developer shall submit a plan Water Engineering to the Water Engineering Division of the Public Utilities Department showing the individual water service installations required to serve each building, including locations of proposed large -27- PC2012 -099 -28- PC2012 -099 meters with easements, small meters, and fire lines with backflow devices. The plan shall demonstrate that all backflow devices will be located aboveground outside the street setback area in a manner fully screened from all public streets and in locations approved by the Public Utilities Department and the Planning Department. The plans shall also demonstrate that any existing water services, fire lines, and backflow devices conform to current Water Utility Standards and/or existing water services and/or fire lines that are not approved for continued use by Water Engineering shall be upgraded to current standards, or abandoned, if no longer needed, by the property owner /developer. 49 Prior to issuance of a building permit, the property Water Engineering owner /developer shall pay his project's proportionate share of the cost to prepare the Water Supply Assessment for the Platinum Triangle SEIR No. 339. 50 The Owner shall submit a water system master Water Engineering plan, including hydraulic distribution network analysis and estimates of the maximum required fire flow rate and the maximum day and peak hour water demands for the development to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements without reducing existing service levels or impacting any existing water supply or conveyance facilities. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. A water improvement plan shall be submitted to Water Engineering 51 the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim 52 All requests for new water services or fire lines, as Water Engineering well as any modifications, relocations, or abandonments of existing water services and fire -28- PC2012 -099 -29- PC2012 -099 lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 53 Prior to issuance of a building permit it the Water Engineering following shall be determined: 1) No public water mains or public water facilities shall be installed in any alleys or paseos. 2) No water mains or laterals allowed under parking stalls. 3) Separate services shall be installed for domestic and fire water. 4) All fire services 2 -inch and smaller shall be metered with a UL listed meter, Hershey Residential Fire Meter with Translator Register, no equals. 5) Large water meters shall be located on private property in an easement, outside of the setback area. 6) Lead -free backflow prevention assemblies meeting the City of Anaheim's current standards shall be installed at all domestic water service meters. Backflow prevention assemblies meeting the City of Anaheim's current standards shall be installed at all fire and irrigation services. Additionally, the location and type of all meters and backflow prevention assemblies shall be subject to the review and approval of Anaheim Water Engineering during the final design stage. 7) Although the conceptual water system layout is acceptable to Anaheim Water Engineering, the final alignment and layout shall be subject to the review and approval of Anaheim Water Engineering during the final design phase. 54 Owner /developer shall acquire and provide an Water Engineering easement to the City of Anaheim for all locations where public water main crosses Orange County Flood Control District Right -of -Way and facilities (both existing AND proposed flood facilities). The City will cooperate and assist in the acquisition of -29- PC2012 -099 -30- PC2012 -099 the easement. 55 The City's grant easement deed language Water Engineering requirements (i.e., City is ONLY responsible for replacing asphalt paving when it makes repairs or replacements to public water facilities in private streets, it is NOT responsible for slurry sealing, replacing concrete, pavers, or any other decorative hardscape, walls, or landscaping) shall be included in easement deeds for all public water facilities located on private property. 56 The applicant shall demonstrate to the City that Water Engineering adequate water supply exists to serve the Proposed Project. If it cannot be demonstrated that adequate water exists to serve the specific project, the project shall not be approved. 57 "No Trespassing 602(k) P.C." posted at the Police Department entrances of parking lots /structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. 58 All entrances to parking areas should be posted Police Department with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner's /manager's request. 59 The proposed project shall comply with all State Electrical Energy Insulation Standards and City of Anaheim Engineering codes in effect at the time of application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods.) 60 Prior to approval of permits for improvement Electrical plans, the property owner /developer shall Engineering coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 61 That curbs adjacent to the drive aisles shall be Transportation and painted red to prohibit parallel parking in the drive Traffic -30- PC2012 -099 -31- PC2012 -099 aisles. Red curb locations shall be clearly labeled on building plans. 62 That prior to issuance of building permits, plans Traffic and shall specifically indicate that all vehicular ramps Transportation and grades conform to all applicable Engineering Standards. 63 That prior to issuance of the a building permit for Traffic and the parking structure, plans shall demonstrate that Transportation at -grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. 64 Prior to issuance of the first building permit, the Development final map shall be submitted to and approved by the Services City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 65 That prior to the issuance of the first building Traffic and permit, the property owner /developer shall enter Transportation into a reimbursement agreement with the property owner /developer of the Platinum Gateway project, subject to the approval of the City Engineer, to provide for cost sharing of the construction of the public Connector Street between Lewis Street and Katella Avenue. 66 That prior to the approval of the final subdivision map or issuance of a building permit, whichever occurs first, the property owner /developer shall Traffic and pay the identified fair share responsibility as Transportation determined by the City as set forth in Mitigation Measures 9 -7 and 9 -8 of MMP 106C. The City shall allocate the property owners /developers fair share contribution to traffic mitigation programs that result in improved traffic flow, via an agreement mutually acceptable to Caltrans and the City. These improvements consist of any potential mitigation measures identified in the updated traffic study. 67 Prior to issuance of a building permit, the developer Development Services shall submit to the Public Works Department, Development Services Division street improvement -31- PC2012 -099 -32- PC2012 -099 plans for the work on Katella Avenue, collector road street "A" and `B" including but not limited to curb and gutter, sidewalk and landscape, storm drain, and sewer facilities, and traffic signals as applicable. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway. 68 Prior to issuance of a building permit, the developer Development shall post a security to guarantee the construction Services of public improvements, including storm drain, water, electrical and sewer, in an amount approved by the City Engineer and in a form approved by the City Attorney. The improvements shall be constructed and operational prior to final building and zoning inspections. 69 The Public Park recreation amenities shall be Community Services designed to the satisfaction of Community Services Department and in substantial conformance with Final Site Plan exhibits. ON- GOINGDURZIVG GRADIIVGAAID CONSTRUCTION 70 The property owner /developer shall be responsible South Coast Air (NIM 2 -1) for requiring contractors to implement the Quality Management following measures to reduce construction- related District emissions; however, the resultant value is expected to remain significant. Public Works a) The contractor shall ensure that all Department construction equipment is being properly Building Division 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. 71 The property owner /developer shall implement the South Coast Air -32- PC2012 -099 (MM 2 -2) following measures in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PMIo and PM 5 emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below: a) During all grading activities, the property owner /developer's construction contractor shall re- establish ground cover on the construction site through seeding and watering as quickly as possible to achieve minimum control efficiency for PMIo of 5 percent. b) During all grading activities, the property owner /developer's construction contractor shall apply chemical soil stabilizers Pave to on -site haul roads to achieve control efficiency for PMIo 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 rime. d) The property owner /developer's construction contractor shall schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. e) During all construction activities, the property owner /developer's construction contractor shall sweep streets with Rule 1186 compliant 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 PM under worst- Quality Management District Public Works Department Building Division -33- PC2012 -099 -34- PC2012 -099 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 of 91 percent. an h) During all construction activities, the property owner /developer's construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site to achieve an emissions reduction control efficiency for PM of 61 percent. i) During active demolition and debris removal, the property owner /developer's construction contractor shall apply water to disturbed soils at the end of each day to achieve an emission control efficiency for PM of 10 percent. j) During scraper unloading and loading, the property owner /developer's construction contractor shall ensure that actively disturbed areas maintain a minimum soil moisture content of 12 percent by use of a moveable sprinkler system or water truck to achieve a control efficiency for PM of 69 percent. k) During all construction activities, the property owner /developer's construction contractor shall limit on -site vehicle speeds on unpaved roads to no more than 15 miles per hour to achieve a control efficiency for PMIa of 57 percent. 72 Ongoing during grading, demolition, and Building Division (MM5 -7) construction, the property owner /developer shall be responsible for requiring contractors to Development implement the following measures to limit Services construction- related noise: a) Noise generated by construction, shall be limited by the property owner /developer to 60 dBA along the property boundaries, before 7:00 AM and after 7:00 PM, as -34- PC2012 -099 -35- PC2012 -099 governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10:00 AM to 4:00 PM. All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems. 73 Through specific study of this project site, by a Building Division certified archaeologist, it has been determined that Development no known cultural resources are located in this Services area. However, should artifacts be uncovered during grading or excavation, the developer shall have a certified archaeologist ensure that the following actions are implemented: a) that the project shall be temporarily halted or work redirected to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the City for exploration and/or salvage; b) Specimens that are collected prior to or during the grading process shall be donated to an appropriate educational or research institution; c) Any archaeological work at the project site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological observer is not present, grading shall be diverted around the area until the observer can survey the area; and d) A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted ON-GOINGDURING CONSTR UCTIONA CTIVITIES 74 The property owner /developer shall be responsible Building Division -35- PC2012 -099 (NIM5 -8) for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. 75 The property owner /developer shall be responsible Building Division (MM5 -9) for requiring project contractors to locate all stationary noise sources (e.g., generators, compressors, staging areas) as far from occupied noise - sensitive receptors as is feasible. 76 Material delivery, soil haul trucks, and equipment Building Division (MM5 -10) servicing shall also be restricted to the hours set forth in the City of Anaheim Municipal Code, Section 6.70. PRIOR TO APPROVAL AND ON- GOINGDURING CONSTRUCTION 77 Prior to the approval and ongoing during Development (MM10 -2) construction of any street improvement plans Services within the Platinum Triangle, which encompass area(s) where Orange County Sanitation District (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. 78 Prior to the approval and ongoing during Streets and Sanitation (MMI0 -5) construction of any street improvement plans within the Platinum Triangle, which encompass Orange area(s) where OCSD will be upsizing trunk lines County Sanitation and/or are making other improvements, the City District 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 B UILD17VGAND ZONING INSPECTIONS 79 In accordance with the riming required by the Traffic and (MM 2 -5) Traffic and Transportation Manager, but no later Transportation than prior to the first final Building and Zoning inspection, the property owner /developer shall implement the following measures to reduce long- term operational CO, NOx, ROG, and PM emissions: • Traffic lane improvements and -36- PC2012 -099 -37- PC2012 -099 signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 and Master Plan of Arterial Highways (MPAH) shall be implemented as required by the Traffic and Transportation Manager. The property owner /contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. The property owner /developer shall submit Building Division 80 evidence to the satisfaction of the Planning (MM 5 -3) Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during a stadium event will be provided to all future tenants in the Stadium District. 81 The property owner /developer shall submit Building Division (MM 5 -4) evidence to the satisfaction of the Planning Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during Stadium nearby venue events. 82 A parking management plan shall be submitted for Planning Division & review and approval by the City Engineer prior to Traffic and the project receiving a certificate of occupancy. Transportation 83 That prior to final building and zoning inspection, Traffic and fire lanes shall be posted with "No Parking Any Transportation Time." Said information shall be specifically shown on plans submitted for building permits. 84 In the event that the adjacent Platinum Gateway Traffic and project has not completed the following Transportation improvement, the property owner /developer shall construct the Connector Street as identified on the Site Plan along the west property line prior to final building and zoning inspections. These improvements shall include a cul -de -sac at the north end of the Connector Street, or other turn around area to the satisfaction of the City Engineer, if it is expected that this project will be in operation prior to the Platinum Gateway project. -37- PC2012 -099 85 That prior to City acceptance of the public right- Traffic and of -way improvements for Katella Avenue and for Transportation the public Connector Street identified in the Final Site Plan, said streets shall be posted with "No Stopping Any Time" signs and associated red curbs, except, in the locations where the Connector Street is improved with designated parking stalls and designated turn -out areas for loading and unloading. Such signs shall be shown on street improvement plans submitted by the property owner /developer for the review and approval by the Public Works Department. The location of such signs shall be reviewed and approved by the City Traffic Engineering Manager. The property owner /developer shall be responsible for all costs associated with the installation of such signs. 86 That prior to final building and zoning inspections, Development the developer shall install accessible curb access Services ramps with truncated domes at the intersection of collector street "A" at the parking garage access, in conformance with Public Works Standard Detail 111 -3. 87 Prior to release of posted securities, the public Development improvements shall be constructed by the Services developer and accepted by Construction Services prior to final zoning and building inspections. 88 If required, prior to connection of electrical Electrical service, the legal owner shall provide to the City Engineering of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. 89 That prior to final building and zoning inspections, Development the developer shall improve the streets as follows: Services 1) improve Katella Avenue per the Platinum Triangle Implementation Master Plan or as approved by the City Engineer, 2) improve the interior collector streets "A" per the Connector and Collector Streets requirements of the Platinum Triangle Master Land Use Plan and the Platinum Triangle Implementation Plan. Install a temporary Wm-around at the north terminus of Street "A" as -38 - PC2012 -099 -39- PC2012 -099 required by the City Engineer and the Fire Department. 90 Prior to connection of electrical service, the legal Electrical owner shall submit payment to the City of Engineering Anaheim for service connection fees. PRIOR TO FINAL AW APPROVAL 91 Prior to the issuance of the first building permit for Development Platinum Gateway and/or Platinum Vista, any Services existing structures located within the ultimate right -of -way for connector streets "A" and `B ", Katella Avenue and Lewis Street shall be demolished. 92 The vehicular access rights to Katella Avenue shall Development be released and relinquished to the City of Services Anaheim. 93 The vehicular access rights to connector public road Development STREET "A" and STREET `B ", except at the Services private street openings, shall be released and relinquished to the City of Anaheim. 94 The property owner /developer shall irrevocably Development offer for dedication (with subordination of Services easements), including necessary construction easements, 1) the ultimate arterial highway right(s) -of -way adjacent to their property ( Katella Avenue) as shown in the Platinum Triangle Implementation Plan or as approved by the City Engineer, and 2) the ultimate right -of -way for the interior collector streets "A" and `B" per the Connector and Collector Streets requirements of the Platinum Triangle Master Land Use Plan, regardless of the level of impacts generated by the project. 95 Prior to the approval of the final subdivision map, Development in the event that the owner of Parcel 1 of Tentative Services Tract 17494, commonly known as the proposed "Platinum Gateway" project (APN 082 -26 -123 and 082 -26 -124), requires to construct Collector Street "A" and/or `B" improvements, the property owner /developer shall cooperate with "Platinum Gateway" to grant temporary construction easement(s) where necessary adjacent to Collector Street "A" and/or `B" lying within the boundary -39- PC2012 -099 -40- PC2012 -099 of Parcel 2 of Tentative Tract 17494. 96 Prior to the approval of the final subdivision map, Development in the event that the Parcel 1 of Tentative Tract Services 17494, commonly known as the proposed "Platinum Gateway" project (APN 082 -26 -123 and 082 -26 -124), is not developed, the owner of Parcel 2 of Tentative Tract 17494 shall install a vehicular turn - around area lying within the boundary of Parcel 1 and Lot "A" of Tentative Tract 17494. The geometry of the temporary turn- around shall be reviewed and approved by City Engineer and the Fire Department. 97 A maintenance covenant shall be submitted to the Development Subdivision Section and approved by the City Services Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, concrete paver covered street sections, private storm drain improvements, temporary tum- around areas, if any, and backflow prevention devices such as flap gates; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, concrete pavers within the Connector public road, sewer system, gates, parkway landscaping and irrigation on Katella Avenue, collector public road STREET "A" and STREET "B ", all lettered lots, and any private street name signs. The covenant shall be recorded concurrently with the final map. 98 The legal property owner shall execute a Development Subdivision Agreement, in a form approved by the Services City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. In lieu of a Subdivision Agreement, an amended Development Agreement can be utilized to satisfy this condition of approval if the required terms are included therein. 99 The property owner /developer shall record an Traffic Engineering easement for cul -de -sac driveway purposes on the adjacent property to the immediate west if needed, as approved by the City Engineer. -40- PC2012 -099 GENERAL 100 Ongoing during project operation, if the Anaheim Police (M:M7 -6) Police Department of Anaheim Traffic Traffic Management Management Center (TMC) personnel are required Development to provide temporary traffic control services for Services the project, the property owner /developer shall reimburse the City, on a fair share basis, if applicable, for reasonable costs associated with such services 101 Ongoing during project operations, the following Streets and Sanitation (MM10 -19) practices shall be implemented, as feasible, by the property owner /developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials, such as aluminum and cardboard. • Collection of office paper for recycling. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 102 Ongoing during business operations and in Water Engineering accordance with the Development Requirements and Maintenance Obligations, OWNER shall be responsible for restoring any special surface improvements other than asphalt paving within the right -of -way, City water easements, Public Utility easements, private roads, alleys and driveways, including but not limited to colored concrete, stamped concrete, bricks, pavers, concrete, walls, or landscaping that becomes damaged during any excavation, repair or replacement of any City water facility. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C, C & R's for the project. 103 The Planning Director has the authority to grant the modification of the timing of any of the conditions of approval, provided said modification Planning Division does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modification shall be in writing and shall clearly identify the reason -41- PC2012 -099 -42- PC2012 -099 for the modification. Appeal of such decision shall be provided pursuant to Section 18.60.135 (Appeals — Planning Director Decisions) of the Anaheim Municipal Code. 104 The subject property shall be developed substantially in accordance with plans and Planning Division specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Overall Site Plan including Platinum Vista and Platinum Gateway) Exhibit No. 2 (Platinum Vista Site Plan), Exhibit No. 3 (Tentative Tract Map), Exhibit No. 4, Floor and Unit Plans), Exhibit No. 5 (Garage Plans), Exhibit No. 6 (Elevations), Exhibit No. 7 (Site Section), Exhibit No. 8 (Landscape Plans and Materials Legend), and as conditioned herein. -42- PC2012 -099