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Resolution-PC 2012-100RESOLUTION NO. PC2012 -100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM 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. 307, AND ADDENDUMS NOS. 1 AND 2 TO ENVIRONMENTAL IMPACT REPORT NO. 339, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PLATINUM GATEWAY PROJECT AND REQUIRED AND RELATED DISCRETIONARY ACTIONS, AND RECOMMENDING CITY COUNCIL APPROVAL OF THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2008 -00002 (DEVELOPMENT AGREEMENT NO. 2008- 00002D) BY AND BETWEEN THE CITY OF ANAHEIM AND SHOPOFF ADVISORS, L.P. (DEV2012- 00059) WHEREAS, pursuant to the adoption of Ordinance No. 6106 by the City Council of the City of Anaheim ( "City Council ") on June 24, 2008, the City of Anaheim, on the one hand, and K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC (collectively referred to herein as "K/L "), on the other hand, entered into that certain Development Agreement No. 2008- 00002, which was recorded in the Official Records of the County of Orange, California ( "Official Records ") on June 24, 2008, as Instrument No. 2008000351778 (the "Development Agreement') with respect to that certain real property consisting of approximately 7.01 acres and commonly known as 905 through 917 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 master planned mixed -use project on the Property comprised of, among other uses, a 320 -unit residential condominium project, a 209,419 square foot twelve -story office building, including a 5,586 square foot full- service restaurant, 4,381 square feet of retail space, and a 104,604 square foot 138 -room hotel. In addition to the Development Agreement, the City Council approved Conditional Use Permit No. 2008 -05304 to permit the modification of setback requirements and building height for the hotel (the "Original Project'); and WHEREAS, on June 10, 2008 and prior to its adoption of Ordinance No. 6106 and the approval of Conditional Use Permit No. 2008 - 05304, the City Council found and determined that FSEIR No. 334, including Updated and Modified Mitigation Monitoring Plan No. 106B for the Platinum Triangle Master Land Use Plan and Mitigation Monitoring Plan No. 153, served as the appropriate environmental documentation for the Original Project; and - 1 - PC2012 -100 WHEREAS, Shopoff Advisors, L.P., a Delaware limited partnership ( "Shopoff'), has entered into an agreement with K/L to purchase the Property. Under the authority set forth in Section 65865 of the California Government Code, 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 320 to 399 residential apartment units, a reduction in the amount of office and commercial development, the addition of a public park (the "Platinum Gateway 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. 2008 -00002 (Development Agreement No. 2008- 00002D) (the "Amended and Restated Development Agreement ") presented at the meeting at which this Resolution was adopted; (b) that the General Plan be amended to modify "Table LU -4: General Plan Density Provisions for Specific Areas of the City" to increase the number of dwelling units and reduce the amount of office and commercial development allowed within the Mixed -Use land use designation of the Platinum Triangle Area and to amend various Elements of the General Plan to include the addition of a public park ( "General Plan Amendment No. 2012 - 00486 "); (c) that the Zoning Code be amended to make the Zoning Code consistent with General Plan Amendment No. 2012- 00486, as adopted ( "Zoning Code Amendment No. 2012 - 00107 "); (d) that (i) Chapter 1, Table 1- General Plan Development Intensities, (ii) Chapter 1, Figure 3 (General Plan Designations), (iii) Chapter 2, Figure 4 (Platinum Triangle Urban Design Plan), (iv) Chapter 3, Figure 5 (Mixed Use and Office Districts), and (v) Chapter 4, Figure 20 (Landscape Concept Plan) of the Platinum Triangle Master Land Use Plan be amended ( "Miscellaneous Case No. 2012- 00559"); and (e) that Tentative Tract Map No. 17494 be approved. WHEREAS, the Amended and Restated Development Agreement, General Plan Amendment No. 2012 - 00486, Zoning Code Amendment No. 2012 - 00107, Miscellaneous Case No. 2012 -00559 and Tentative Tract Map No. 17494 shall be referred to herein collectively as the "Entitlements "; and -2- PC2012 -100 WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012- 00008 ( "Final Site Plan") to provide for the development of the Platinum Gateway 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 Platinum Gateway Project and the 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 the proposed Platinum Gateway Project and Entitlements; and WHEREAS, Section 15164 of the State CEQA Guidelines provides a way for the City to update, amplify and make changes or additions to a previously adopted environmental impact report in situations where a subsequent environmental impact report is not required. According to Section 15164, the City must prepare an "addendum" to a previously certified environmental impact report "if some changes or additions are necessary but 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 "; and WHEREAS, as a result of the proposed entitlements requested by Shopoff for the Platinum Gateway Project and the Platinum Gateway Project, itself, the City has prepared an Addendum to FSEIR No. 339 ( "Addendum No. 2 ") in the form presented to the Planning Commission at the meeting at which this Resolution was adopted because it appears that "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"; and WHEREAS, this Planning Commission has reviewed and considered the information contained in Addendum No. 2 and all accompanying documents, and concludes that in its independent judgment the Platinum Gateway Project will not result in any significant environmental impacts that have not already been addressed in FSEIR No. 339 (including Addendum No. 1 and Addendum No. 2); and WHEREAS, this Planning Commission finds and determines that (i) FSEIR No. 339, together with Mitigation Monitoring Program No. 307 and Addenda Nos. 1 and 2, serve as the appropriate environmental documentation for the proposed Platinum Gateway 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 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 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 -3- PC2012 -100 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 (i) FSEIR No. 339, together with Mitigation Monitoring Program No. 307 and Addenda Nos. 1 and 2, serve as the appropriate environmental documentation for the proposed Platinum Gateway Project and the Entitlements and satisfy all of 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 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 -4- PC2012 -100 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 approval of the other Entitlements, specifically, Miscellaneous Case No. 2012 - 00559, General Plan Amendment No. 2012- 00486, Zoning Code Amendment No. 2012- 00107, and 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. d 2 a llvin CHAIR, ANAHEIM CITY PL COMMISSION ATTEST: SENIOR S&RETARY, ANAHEIM CITY PLANNING COMMISSION 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. A &�� SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -100 EXHIBIT "A" DEV NO. 2012 -00059 APN: 082 - 261 -23 082 - 269 -03 082 - 269 -02 082 - 261 -24 614' 0 y�j i1N 604' E KATELLA AVE Ln Ln w J C: Source: Recorded Tract Maps and / City GIS. 0 '::' V F sa iao to Please note the accuracy is +/- two to five feet. -6- PC2012 -100 EXHIBIT "B" LEGAL DESCRIPTION OF THE PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A -1 PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 58, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE THEREOF; PROVIDED, HOWEVER, THAT SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY AND ALL PURPOSES TO ENTER UPON, INTO OR THROUGH THE SURFACE OR THE PORTION OF SAID PROPERTY LYING ABOVE 500 FEET, MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE OF SAID PROPERTY, AS RESERVED IN THE DEED FROM SOUTHERN PACIFIC TRANSPORTATION COMPANY, RECORDED SEPTEMBER 28, 1973 IN BOOK 10921, PAGE 428 OF OFFICIAL RECORDS. PARCEL A -2 THOSE CERTAIN EASEMENTS DESCRIBED IN THAT CERTAIN (A) PARTY WALL AGREEMENT AND GRANT OF EASEMENT RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1109 THROUGH 1128, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AND (B) EASEMENT GRANT DEED RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1144 THROUGH 1156, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B -1 PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 58, PAGE 8 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY LYING BELOW A DEPTH OF 500 FEET MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE THEREOF; PROVIDED HOWEVER THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF THE PROPERTY GRANTED HEREIN OR ANY PART THEREOF LYING BETWEEN SAID SURFACE AND FIVE HUNDRED (500) FEET BELOW SAID SURFACE, AS SET FORTH IN DEED FROM SOUTHERN PACIFIC INDUSTRIAL DEVELOPMENT COMPANY, A TEXAS CORPORATION, RECORDED DECEMBER 23, 1977 IN BOOK 12506, PAGE 82 OF OFFICIAL RECORDS. PARCEL B -2 THOSE CERTAIN EASEMENTS DESCRIBED IN THAT CERTAIN (A) PARTY WALL AGREEMENT AND GRANT OF EASEMENT RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1109 THROUGH 1128, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA AND (B) EASEMENT GRANT DEED RECORDED DECEMBER 29, 1978 IN BOOK 12981, PAGES 1144 THROUGH 1156, INCLUSIVE OF THE OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. [Assessor's Parcels No. 082 - 261 -23 and 082 - 261 -24] -7- PC2012 -100 EXHIBIT "C" THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 2008-00002 PLATINUM GATEWAY APARTMENTS (DEVELOPMENT AGREEMENT NO. 2008-00002D) :_ (DEV2012- 00059) NOTE: Mitigation Measures ( "MM "), from Mitigation Monitoring Program No. 307 are incorporated into these conditions of approval and are identified by the mitigation measure number below applicable condition numbers. -8- PC2012 -100 SIGNED NO. CONDITIONS OF APPROVAL REVIEW BY OFF BY PRIOR TO ISSUANCE OF GRADING PERMIT OR DEMOLITION PERMITS 1 Prior to approval of each grading plan (for Planning Division (MM2 -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 hnport/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 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 -8- PC2012 -100 -9- PC2012 -100 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. 3 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 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. 4 Prior to approval of a final subdivision map or Development -9- PC2012 -100 (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. 5 Prior to issuance of a building permit, additional Development (NM10 -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. 6 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. 7 Prior to the issuance of the first building permit or Water Engineering (MM10 -9) grading permit, whichever occurs first, the property owner /developer shall indicate on plans installation of a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) 8 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 9 permit, whichever occurs first, the property (MM10 -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. -10- PC2012 -100 10 (NM10 -14) Prior to issuance of a building permit or grading permit, whichever occurs first, the property owner /developer shall indicate on plans installation of a separate irrigation lines and use recycled water when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. The property owner /developer shall contact the Public Utilities Department, Water Engineering Division, for recycled water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. Water Engineering 11 Prior to approval of a final subdivision map or Development (MM10 -17) issuance of a grading or building permit, Services whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient drainage facilities, as identified in the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area. If the project will increase stormwater flows beyond those programmed in the appropriate master plan drainage study for the area or if the project currently discharges to an existing deficient storm drain system or will create 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 - 11 - PC2012 -100 -12- PC2012 -100 thereof. Prior to the approval of each grading plan (for Streets and Sanitation 12 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 Import/ 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 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. 13 Prior to issuance of each building permit or Electrical (MM10 -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 -12- PC2012 -100 -13- PC2012 -100 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). • Anew distribution duct bank on Orangewood Avenue from Anaheim Way to State College Boulevard (1,500 feet). • Relocation a distribution circuit underground on Orangewood Avenue from State College Boulevard to west of the Santa Ana River (1,600 feet). • A new distribution duct bank on Gene Autry Way from I -5 to State College Boulevard (2,500 feet). • A new distribution duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • A new distribution duct bank on Lewis Street from Katella Avenue to Gene Autry Way (950 feet). • Relocate a distribution circuit underground on Douglas Street from Katella Avenue to Cerritos Avenue (1,000 feet). 14 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, -13- PC2012 -100 -14- PC2012 -100 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). • Anew distribution duct bank on Katella Avenue from Douglas Road to Howell Avenue (2,000 feet). • Anew distribution duct bank on State College Boulevard from Cerritos Avenue to Katella Avenue (2,600 feet). • Anew distribution duct bank on Orangewood Avenue from I -5 to the Santa Ana River (4,800 feet). • A new distribution duct bank on Gene Autry Way from Haster Street to the east side of I -5 (2,500 feet). • Anew distribution duct bank on Gene Autry Way from I -5 to State College Boulevard (2,500 feet). • A new transmission duct bank on Anaheim Way from 700 feet north of Katella Avenue to Orangewood Avenue (3,400 feet). • Anew transmission duct bank on Lewis Street and Santa Cruz Street from Katella Avenue to Orangewood Avenue (3,000 feet). • A new distribution duct bank on the east side of the Angel Stadium parking lot from Orangewood Avenue to the SR -57 (2,000 feet). Anew distribution duct bank on Douglas Road from SR -57 to Cerritos Avenue (4,000 feet). 15 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. -14- PC2012 -100 16 The property owner shall submit a final drainage Development report and project improvement plans that Services 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. 17 The property owner /developer shall submit plans Development documenting that the design of all aboveground Services 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. 18 The OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Development Construction Activity by providing a copy of the Services Notice of Intent (NOI) 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. 19 Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the Development property owner /developer shall install the sanitary Services 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. PRIOR TO ISSUANCE OF BUH�DINGPERMIT 20 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- - 15- PC2012 -100 -16- PC2012 -100 volume /low- pressure spray equipment or hand application. Air- atomized spray techniques shall not be permitted. Plans shall also show that property owner /developers shall construct/build with materials that do not require painting, or use prepainted construction materials, to the extent feasible. 21 The property owner /architect shall submit energy (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.goviheatisld/ 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 -16- PC2012 -100 -17- PC2012 -100 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. 22 Prior to approval of street improvement plans for Development (MM5 -1) any project - related roadway widening, the City Services shall retain a qualified acoustic engineer to design project acoustical features that will limit traffic Building Division 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. 23 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. 24 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 -17- PC2012 -100 - 18- PC2012 -100 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 I.. 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. 25 To reduce noise and vibration impacts from the Building Division (MM5 -5) impact pile driver, the construction contractor shall evaluate the feasibility of using auger cast piles or a similar system to drill holes to construct cast -in -place piles for a pile - supported transfer slab foundation system. This alternative construction method would reduce the duration necessary for use of the impact pile driver and/or eliminate the need to use pile drivers altogether. Proof of compliance with this measure shall be submitted to the Planning Department in the form of a letter from the construction contractor. 26 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. 27 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. 28 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 - 18- PC2012 -100 _19- PC2012 -100 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. 29 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. 30 The property owner /developer shall submit design Police Department (NM7 -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. 31 The property owner /developer shall pay the school Community (MM7 -9) impact fees as adopted by the Board of Trustees of Development the Anaheim Union High School District and Anaheim City School District in compliance with Building Division Senate Bill 50 (Government Code [GC] Section 65995 [b][3] as amended). 32 The property owner /developer shall pay the Traffic and (MM94) 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 _19- PC2012 -100 -20- PC2012 -100 which have been established. 33 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. 34 Any project forecast to generate 100 or more peak (MM 9 -6) hour trips, as determined by the City Traffic and Traffic and Transportation Manager utilizing Anaheim Traffic Transportation Analysis Model Trip Generation Rates, property owner /developers shall prepare traffic improvement phasing analyses to identify when the improvements identified in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parson Brinckerhoff, August 2010 (Appendix F of this SEIR) shall be designed and constructed. The Development Agreement Conditions of Approval shall require the property owner /developer to implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City's General Plan, based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction and fair share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The Development Agreement Conditions of Approval shall require the property owner /developer to construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 35 In conjunction with the preparation of any traffic -20- PC2012 -100 (MM9 -7) improvement phasing analyses as required in Traffic and Mitigation Measure 9 -6, property owners Transportation /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 system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 36 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 -21- PC2012 -100 -22- PC2012 -100 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. 37 In conjunction with the preparation of any traffic Traffic and (MM9 -9) improvement phasing analyses as required in Transportation Mitigation Measure 9 -6, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners /developers and the City will take the following actions in cooperation with Caltrans: a) The traffic study will identify the Project's proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards and methodologies utilized in SEIR No. 339 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. b) The City shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans. 38 Prior to the approval of a building permit the Traffic and (NM9 -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 -22- PC2012 -100 -23- PC2012 -100 agreement mutually acceptable to Caltrans and the City. 39 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 40 each building, the property owner /developer shall Transportation (MM9 -14) pay the appropriate Traffic Signal Assessment Fees, Traffic Impact and Improvement Fees, and Platinum Triangle Impact Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the property owner /developer; and participate in all applicable reimbursement or benefit districts which have been established. 41 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). 42 Landscape plans shall demonstrate compliance Resource Efficiency (MM10 -7) with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in 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; -23- PC2012 -100 -24- PC2012 -100 • Use of vacuums and other equipment to reduce the use of water for wash down of exterior areas; • Low -flow fittings, fixtures and equipment including low flush toilets and urinals; • Use of self - closing valves for drinking fountains; • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors; • Infrared sensors on sinks, toilets and urinals; • Infrared sensors on drinking fountains; • Use of irrigation systems primarily at night, when evaporation rates are lowest; • Water - efficient dishwashers, clothes washers, and other water using appliances; • Cooling tower recirculating system; • Use of low -flow sprinkler heads in irrigation system; • Use of waterway recirculation systems; • Provide information to the public in conspicuous places regarding water conservation; and • Use of reclaimed water for irrigation and washdown when it becomes available. In conjunction with submittal of landscape and building plans, the applicant shall identify which of these measures have been incorporated into the plans. 43 Submitted landscape plans for all residential, (MM 10 -12) office and commercial landscaping shall Resource Efficiency 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. 44 The property owner /developer shall submit project (MM10 -18) plans to the Streets and Sanitation Division of the Streets and Sanitation Public Works Department for review and approval to ensure that the plans comply with AB939, and the Solid Waste Reduction Act of 1989, and the -24- PC2012 -100 -25- PC2012 -100 County of Orange and City of Anaheim Integrated Waste Management Plans as administered by the City of Anaheim. Implementation of said plan shall commence upon occupancy and shall remain in full effect as required by the Street and Sanitation Division and may include, at its discretion, the following plan components: • Detailing the locations and design of on- site recycling facilities. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City or governing agency. • Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. • Providing trash compactors for non- recyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection. • Providing on -site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where feasible. • Prohibiting curbside pick -up. Ensuring hazardous materials disposal complies with federal, state, and city regulations. 45 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. -25- PC2012 -100 46 The property owner /developer shall indicate on (AM 10 -22) plans energy- saving practices that will be implemented with the project in compliance with Title 24, which may include the following: • High - efficiency air- conditioning with EMS (computer) control. • Variable Air Volume (VAV) air distribution. • Outside air (100 percent) economizer cycle. • Staged compressors or variable speed drives to flow varying thermal loads. • Isolated HVAC zone control by floors /separable activity areas. • Specification of premium- efficiency electric motors (i.e., compressor motors, air - handling units, and fan-coil units). • Use of occupancy sensors in appropriate spaces. • Use of compact fluorescent lamps. • Use of cold cathode fluorescent lamps. • Use of EnergyStar ® exit lighting or exit signage. • Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. • Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. • Consideration of thermal energy storage air conditioning for spaces or facilities that may require air- conditioning during summer, day -peak periods. • Consideration for participation in Advantage Services Programs such as: o New construction design review, in which the City cost - shares engineering for up to $15,000 for design of energy efficient buildings and systems. o New Construction — Cash Business and Community Programs -26- PC2012 -100 -27- PC2012 -100 incentives $400 per kW or $0.15 per kWh saved for each measure and up to $200,000 per facility for efficiency that exceed Title 24 requirements. o Green Building Program — Offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. • Use of high efficiency toilets (1.28 gallons per flush [gpfj or less). • Use of zero to low water use urinals (0.0 gpf to 0.25 gpf). • Use of weather -based irrigation controllers for outdoor irrigation. Use of draught - tolerant and native plants in outdoor landscaping. 47 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. 48 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. 49 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 -27- PC2012 -100 -28- PC2012 -100 system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 50 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.) 51 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. 52 That a private water system with separate water Water Engineering service for fire protection and domestic water shall be provided inside the development. 53 That all backfiow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backfiow assemblies currently Water Engineering 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. 54 That all requests for new water services or fire Water Engineering lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 55 That this is a non - individual homeowner project Water Engineering with a landscaping area (including pools or other Water features) exceeding 2,500 square feet, a -28- PC2012 -100 -29- PC2012 -100 Landscape Documentation Package and a 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. regarding water conservation. 56 That landscaping shall be provided around the Water Engineering above ground large meter or fire service to shield from street view. 57 That all existing water services and fire services Water Engineering shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 58 Prior to Approval of Water Improvement Plan the Water Engineering Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above -ground water meters and fire hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities 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 maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. 59 Prior to First Submittal of Water Improvement Water Engineering -29- PC2012 -100 -30- PC2012 -100 Plans the developer /owner shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 60 Prior to Applying for the First Water Meter or Fire Water Engineering Service or First Submittal of the Water Improvement Plans the developer /owner shall submit to the Public Utilities Water Engineering 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 No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 61 Prior to Approval of the Water Improvement Plan, Water Engineering water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and from approved City Attorney shall be posted with the City of Anaheim. 62 The Owner shall be responsible for restoring any Water Engineering special surface improvements, other than asphalt paving, within any right -of -way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C,C & R's for the project and the City easement deeds. 63 Applicant shall contact Water Engineering for Water Engineering reclaimed water system requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. -30- PC2012 -100 64 A minimum of two connections to public water Water Engineering mains and water looping inside the project are required. 65 The following minimum horizontal clearances Water Engineering 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 face 66 No public water main or public water facilities Water Engineering shall be installed in alleys, paseo areas or private streets. 67 No public water mains or laterals shall be installed Water Engineering under parking stalls or parking lots. 68 "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. 69 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. 70 That curbs adjacent to the drive aisles shall be Traffic and painted red to prohibit parallel parking in the drive Transportation aisles. Red curb locations shall be clearly labeled on building plans. 71 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. 72 That prior to issuance of the a building permit for Traffic and the parking structure plans shall demonstrate that Transportation - 31 - PC2012 -100 -32- PC2012 -100 at -grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. 73 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. 74 Prior to issuance of a building permit, the developer Development shall submit to the Public Works Department, Services Development Services Division street improvement plans for the work on Katella Avenue, Lewis Street, and connector street "A' and `B" including but not limited to curb and gutter, sidewalk and landscape, storm drain, and sewer facilities, and traffic signals. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway. 75 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 fmal building and zoning inspections. 76 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 Vista 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. 77 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 -32- PC2012 -100 -33 - PC2012 -100 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. 78 The Public Park recreation amenities shall be Community Services designed to the satisfaction of Community Services Department. 79 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. 80 Prior to issuance of a building permit, the developer Development shall post a security to guarantee the construction Services of public works improvements in an amount approved by the City Engineer and in a form approved by the City Attorney. ON- GOING DURING GRADING AND CONSTRUCTION 81 The property owner /developer shall be responsible South Coast Air (MM 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- -33 - PC2012 -100 -34- PC2012 -100 power generators, where feasible. 82 The property owner /developer shall implement the South Coast Air (MM 2 -2) following measures in addition to the existing Quality Management requirements for fugitive dust control under South District Coast Air Quality Management District Rule 403 to further reduce PM and PM2.5 emissions. To Public Works assure compliance, the City shall verify Department compliance that these measures have been implemented during normal construction site Building Division 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 time. d) The property owner /developer's construction contractor shall schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. e) During all construction activities, the property owner /developer's construction contractor shall sweep streets with Rule 1186 compliant 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 -34- PC2012 -100 -35- PC2012 -100 miles per hour to achieve an emissions control efficiency for PM 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 of 91 percent. an h) During all construction activities, the property owner /developer's construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site to achieve an emissions reduction control efficiency for PM 10 of 61 percent. i) During active demolition and debris removal, the property owner /developer's construction contractor shall apply water to disturbed soils at the end of each day to achieve an emission control efficiency for PM 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 PMIO 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 PMIO of 57 percent. 83 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 -35- PC2012 -100 -36- PC2012 -100 60 dBA along the property boundaries, before 7:00 AM and after 7:00 PM, as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the hours of 10:00 AM to 4:00 PM. All internal combustion engines on all of the construction equipment shall be properly outfitted with well maintained muffler systems. 84 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 -36- PC2012 -100 85 The property owner /developer shall be responsible Building Division (MM5 -8) for requiring project contractors to properly maintain and tune all construction equipment to minimize noise emissions. 86 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. 87 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 -GOING DURING CONSTRUCTION 88 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. 89 Prior to the approval and ongoing during Streets and Sanitation (MM10 -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 BUILDING AND ZONING INSPECTIONS 90 In accordance with the timing required by the Traffic and (NIM 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: -37- PC2012 -100 -38- PC2012 -100 • Traffic lane improvements and signalization as outlined in the Revised Platinum Triangle Expansion Project Draft Traffic Study Report, Parsons Brinckerhoff, August 2010 and Master Plan of Arterial Highways (MPAH) shall be implemented as required by the Traffic and Transportation Manager. The property owner /contractor shall place bus benches and/or shelters as required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. 91 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 92 Fire lanes shall be posted with "No Parking Any Traffic Engineering Time." Said information shall be specifically shown on plans submitted for building permits. 93 That prior to City acceptance of the public right - of -way improvements for Katella Avenue, Lewis Street, and for the public Connector Street Traffic Engineering 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. 94 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 building and zoning inspections. 95 The developer shall install accessible curb access Development ramps with truncated domes at the intersection of Services Lewis Street and Connector street `B" and at the -38- PC2012 -100 -39- PC2012 -100 intersection of Connector streets "A" and `B" at the parking garage access, in conformance with Public Works Standard Detail 111 -3. 96 The developer shall improve the streets as follows: 1) improve Katella Avenue and Lewis Street per the Platinum Triangle Implementation Master Plan or Development as approved by the City Engineer, 2) improve the Services interior Connector streets "A" and `B" per the Connector and Connector Streets requirements of the Platinum Triangle Master Land Use Plan and the Platinum Triangle Implementation Plan. 97 The property owner /developer shall submit Building Division (NIM 5 -3) evidence to the satisfaction of the Planning Director that occupancy disclosure notices regarding potential for exterior noise levels to be elevated during a stadium event will be provided to all future tenants in the Stadium District. 98 The property owner /developer shall submit Building Division (NIM 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. .PRIOR TO FINAL MAP APPROVAL 99 Prior to the issuance of the first building permit for Development Platinum Gateway and/or Platinum Vista, any existing Services structures located within the ultimate right -of -way for connector streets "A" and "B ", Katella Avenue and Lewis Street shall be demolished. 100 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 and Lewis Street) 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 Connector streets "A" and `B" per the Connector and Connector Streets requirements of the Platinum Triangle Master Land Use Plan, regardless of the level of impacts generated by the project. 101 In the event that the owner of Parcel 2 of Tentative Development -39- PC2012 -100 -40- PC2012 -100 Tract 17494, commonly known as the proposed Services "Platinum Vista" project (APN 082 -26 -127 and 082 -26 -128), requires to construct Connector Street "A" and/or `B" improvements, the property owner /developer shall cooperate with "Platinum Vista" to offer Connector Street . "A" and/or "B" lying within the boundary of Parcel 1 of Tentative Tract 17494 as an irrevocable offer of dedication to the City of Anaheim for public road, public utilities and other public purposes. 102 In the event that the owner of Parcel 2 of Tentative Tract 17494, commonly known as the proposed "Platinum Vista" project (APN 082 -26 -127 and Development 082 -26 -128), requires to construct a turn- around Services area on the north terminus of Connector Street "A ", the property owner /developer shall cooperate with `Platinum Vista" to grant a temporary easement/right of entry for the portion of the turn- around 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. 103 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include Development provisions for maintenance of private facilities such Services as private sewer, concrete paver covered street sections, private storm drain improvements, temporary turn- 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 and Lewis Street, Connector 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. 104 The vehicular access rights to Katella Avenue and Development Lewis Street shall be released and relinquished to Services the City of Anaheim. -40- PC2012 -100 105 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. 106 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public Development improvements at the legal property owner's Services 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. GENERAL 107 Ongoing during project operation, if the Anaheim Police (MM7 -6) Police Department of Anaheim Traffic Management Center (TMC) personnel are required Traffic Management to provide temporary traffic control services for the project, the property owner /developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services 108 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. 109 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 -41- PC2012 -100 -42- PC2012 -100 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 CC &R's for the project. 110 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 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. 111 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 Gateway and Platinum Vista) Exhibit No. 2 (Platinum Gateway 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 -100