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RES-2012-157 RESOLUTION NO. 2012 -157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING TENTATIVE TRACT MAP NO. 17494. WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition from Shopoff Advisors, L.P. a Delaware limited partnership (herein referred to as " Shopoff') for approval of Tentative Tract Map No. 17494 to establish a three -lot subdivision (two numbered lots and one lettered lot) for that certain real property consisting of approximately 11.14 acres commonly known as 905 -1105 East Katella Avenue in the City of Anaheim, County of Orange, State of California, which real property is depicted on the map attached hereto as Exhibit A (herein referred to as the "Property "); and WHEREAS, a portion of the Property, consisting of approximately 7.01 acres and commonly known as 905 through 917 East Katella Avenue (herein referred to as the "K/L Property "), is presently owned by K/L Anaheim Properties I LLC and K/L Anaheim Properties II LLC (collectively referred to herein as "KU). The K/L Property is more particularly described in Exhibit B attached hereto and incorporated herein by this reference; and WHEREAS, the balance of the Property, consisting of approximately 4.13 acres and commonly known as 1005 through 1105 East Katella Avenue (herein referred to as the "Marshall /See Property "), is presently owned by 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 "). The Marshall/See Property is more particularly described in Exhibit C attached hereto and incorporated herein by this reference; and WHEREAS, Shopoff has entered into an agreement with K/L and Marshall /See to purchase the Marshall /See Property and the K/L Property. Both K/L and Marshall /See have authorized Shopoff to submit an application to the City and obtain approval of a tentative tract map for the Property that would permit the construction of a three hundred ninety -nine (399) unit residential apartment project on the K/L Property (the "Platinum Gateway Project ") and a three hundred fifty (350) unit residential apartment project on the Marshall /See Property (herein referred to as the "Platinum Vista Project "); and WHEREAS, Tentative Tract Map No. 17494 was proposed in conjunction with (a) a proposed First Amended and Restated Development Agreement No. 2008 -00002 (Development Agreement No. 2008- 00002D), General Plan Amendment No. 2012- 00486, Zoning Code Amendment No. 2012 - 00107, and Miscellaneous Case No. 2012 -00559 for the Platinum Gateway Project (herein referred to collectively as the "Platinum Gateway Project Entitlements "), and (b) a proposed First Amended and Restated Development Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002B) for the Platinum Vista Project (herein referred to as the "Platinum Vista Project Entitlements "); and WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2012- 00007 to provide for the development of the Platinum Vista Project and Final Site Plan No. 2012 -00008 to provide for the development of the Platinum Gateway Project, contingent upon the approval of the Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements; and, WHEREAS, on December 3, 2012, the Planning Commission conducted a public hearing for the proposed Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements, at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, 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 Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for and against the Platinum Gateway Project, the Platinum Vista Project, the Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of its Resolution No. PC2012 -101 on December 3, 2012, the Planning Commission recommended that the City Council approve and adopt Tentative Tract Map No. 17494 in the form attached hereto as Exhibit A; and, WHEREAS, upon receipt of said Resolution No. PC2012 -101, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 18th day of December, 2012, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Platinum Gateway Project, the Platinum Vista Project, the Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements, and for the purpose of considering the environmental documentation related thereto, and did give notice thereof in the manner and as provided by law; and, WHEREAS, on December 18, 2012, the City Council did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, including all the evidence submitted to the Planning Commission at the time of its hearing upon said application, and did consider the same; and WHEREAS, by the adoption of a resolution concurrently with but prior . in time to the adoption of this Resolution and pursuant to the provisions of the California Environmental Quality Act (herein referred to as "CEQA ") and the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines "), this City Council, as the "lead agency" under CEQA, has found and determined that (i) FSEIR No. 339, together with Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle and Mitigation Monitoring Program No. 307, serve as the appropriate environmental documentation for the Platinum Gateway Project, the Platinum Vista Project, the Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements and satisfy all the requirements of CEQA; (ii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR have occurred in connection with the proposed Platinum Gateway Project, the Platinum 2 Vista Project, the Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements; and (iii) no further environmental documentation needs to be prepared under CEQA for the Platinum Gateway Project, the Platinum Vista Project, the Platinum Gateway Project Entitlements and the Platinum Vista Project Entitlements; and, WHEREAS, after careful consideration of the recommendations of the Planning Commission and 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, this City Council does find and determine that proposed Tentative Tract Map No. 17494, in the form presented at this meeting and a copy of which is attached to this Resolution as Exhibit A, meets all of the requirements set forth in Resolution No. 82R -565 (the "Procedures Resolution "), which was adopted by the City Council on November 23, 1982; that is: 1. That the proposed tentative tract map, including its design and improvements, is consistent with the City of Anaheim General Plan for the Property, as amended by General Plan Amendment No. 2012 - 00486, and the Platinum Triangle Master Land Use Plan, as amended by Miscellaneous Case No. 2012 - 00553, and is consistent with the Zoning Code, as amended by Zoning Code Amendment No. 2012- 00107. 2. That the site is physically suitable for the proposed development at the proposed density and, therefore, would not cause public health or safety problems or environmental damage. 3. That the design and improvement of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably cause injury to fish or wildlife or their habitat. 4. That the design and improvement of the proposed subdivision is not likely to cause serious public health problems. 5. That the design and improvement of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this City Council does hereby approve Tentative Tract Map No. 17494 subject to the conditions of approval set forth in Exhibits D and E attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent 3 jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that Tentative Tract Map No. 17494 is hereby approved contingent upon and subject to the approval by the City Council of the balance of the Platinum Gateway Entitlements and the Platinum Vista Entitlements, specifically, General Plan Amendment No. 2012 - 00486, Zoning Code Amendment No. 2012 - 00107, Miscellaneous Case No. 2012- 00559, First Amended and Restated Development Agreement No. 2007 -00002 (Development Agreement No. 2007- 00002B), and First Amended and Restated Development Agreement No. 2008 -00002 (Development Agreement No. 2008- 00002D), now pending. BE IT FURTHER RESOLVED that timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of December , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Brandman, Eastman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MA OR OF THE CITY OF ANAHEIM ATTEST: Aik tl " ��llA■A CITY CLERK OF THE CITY OF NAHEIM 92721 4 EXHIBIT "A" TENTATIVE TRACT MAP NO. 17494 I, F,AI r$FC.„,..„f i -Y COW r , ■ ,M of a a�i TENTATIVE TRACT MAP NO. 17494 ' dW. �n....r..a . IN THE a FOR CONDOMINIUM PURPOSES u'P _ n CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CAUFDRNIA �`` SI TF l f 41'x@ =r1, r ' `'':� IMIPM1 MAR MO 0120. L MO.. 1011111 CP INF 00.0 It u.w xi WO MOMM ru w""a ' r u.o,u, .,u .n i" M a , II mn„v ' � '� W,.... . au'ir �' „ i,.i ""^' , ••a++r.,:. ` � rr J _ ` _ _ nwc u nun r, me .MAMMA r.or. a net v• . u.. ''. .rrc. ''''...' 1013, r 1 rid""• ( mw m • • 'w . r m.� r r .rn • 1 IQE'YL.4Rd•/II4A1L OR.K C@ )' V. dl L LII.4'%L __ _ _ M1..,.wv k3Ml.n.Jp AKOi ��' .:t r 3 u I CA MO Oltift 01 m.i r..:.ao .✓ r"a�: "" _ :. I I PARCEL �\' ii G,BISWIFR .w: n:. ~ I r d"rd 1; I . Ens. a _ x'. �, w .w l, K • PROPOSED OEDIGI,CN CF RAS 1 r r ' pVIL FNCINEFB r m.°' x^ snr*« -!r.�a •-- : 11� rrTr•:r - 7 .- a� -T ` y °,:i _ r _ ( _ .n iM I•16 s II yr r•" a• ■ r 1 I I I' h • 6 1 t 7 f { ri1 .'�.- Om 0 „0 ,:. Na MR) y. •••• i OQIERAL NDTES CV. I ' , 1 g i I I ✓� > LOT A� ill I T it 1 � \ ■ 1 1 LOT ) n .x s w ..o.. n. ...., ma 1. ... . C -an-a1'1' -a x n j f .. w mr. 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'•• v lrnJ a °�rr�i E «aw.o u.m M a+an.. v: aroana b. I EXHIBIT "B" LEGAL DESCRIPTION OF K/L 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 Nos. 082 - 261 -23 and 082 - 261 -24] EXHIBIT "C" LEGAL DESCRIPTION OF MARSHALL /SEE 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 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] EXHIBIT "D" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 17494 RELATED TO PLATINUM GATEWAY PROJECT (DEV2012- 00059) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 1 Prior to the issuance of the first building permit for Platinum Gateway Public Works, and/or Platinum Vista, any existing structures located within the Development ultimate right -of -way for connector streets "A" and `B ", Katella Services Avenue and Lewis Street shall be demolished. 2 The vehicular access rights to Katella Avenue and Lewis Street shall be Public Works, released and relinquished to the City of Anaheim. Development Services 3 The vehicular access rights to collector public road STREET "A" and Public Works, `B ", except at the private street openings, shall be released and Development relinquished to the City of Anaheim. Services 4 The property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, 1) the ultimate arterial highway right(s)-of-way adjacent to Public Works, their property (Katella Avenue and Lewis Street) as shown in the Development Platinum Triangle Implementation Plan or as approved by the City Services 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. Exhibit "D" Page 1 of 7 5 Prior to the approval of the final subdivision map, 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 082 -26 -128), Public Works, requires to construct Collector Street "A" and/or "B" improvements, the Development property owner /developer shall cooperate with "Platinum Vista" to offer Services Collector 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. 6 Prior to the approval of the final subdivision map, 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 082 -26 -128), Public Works, requires to construct a turn- around area on the north terminus of Development Collector Street "A ", the property owner /developer shall cooperate with Services "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. A maintenance covenant shall be submitted to the Subdivision Section and approved by . the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, Public Works, concrete paver covered street sections, private storm drain improvements, Development temporary turn- around areas, if any, and backflow prevention devices such Services as flap gates; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, sewer system, gates, parkway landscaping and irrigation on Katella Avenue and Lewis Street, 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. 8 Prior to issuance of the first building permit, the final map shall be Public Works, submitted to and approved by the City of Anaheim Department of Public Development Works and the Orange County Surveyor for technical review and that all Services applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Exhibit "D" Page 2 of 7 9 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement Public Works, shall be submitted to the Public Works Department, Subdivision Section Development approved by the City Attorney and City Engineer. In lieu of a Subdivision Services Agreement, an amended Development Agreement can be utilized to satisfy this condition of approval if the required terms are included therein. 10 Prior to the issuance of the first grading permit, the OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity Public Works, by providing a copy of the Notice of Intent (NOI) submitted to the State Development Water Resources Control Board and a copy of the subsequent notification Services 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. 11 Prior to issuance of the grading permit and right -of -way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Harmless agreement in -lieu of an Encroachment Agreement is required to Services be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. 12 Prior to issuance of the grading permit, the property owner shall submit a Public Works, final drainage report and project improvement plans that incorporate the Development required drainage improvements and the mechanisms proposed in the Services Drainage Report. No offsite run -off shall be blocked during and after grading operations or perimeter wall construction. Exhibit "D" Page 3 of 7 13 Prior to issuance of a grading permit, the property owner /developer shall Public Works, submit plans documenting that the design of all aboveground structures Development (with the exception of parking structures) shall be at least one foot Services 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. 14 The City Engineer shall review the location the project to determine if it is located within an area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner /developer Public Works, shall be required to guarantee mitigation of the impact to adequately Development serve the area to the satisfaction of the City Engineer and City Services Attorney's Office. Prior to issuance of a grading permit the sewer plans shall be submitted for review. Prior to issuance of a building permit for the development project the property owner /developer shall 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. Prior to issuance of a building permit, the developer shall submit to the 15 Public Works Department, Development Services Division street Public Works, improvement plans for the work on Katella Avenue, Lewis Street, and Development collector road street "A" and `B" including but not limited to curb and Services 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. 16 Prior to issuance of a building permit, the developer shall post a security public Works, to guarantee the construction of public improvements, including storm Development drain, water, electrical and sewer, in an amount approved by the City Services Engineer and in a form approved by the City Attorney. The improvements shall be constructed and operational prior to final building and zoning inspections. Exhibit "D" Page 4 of 7 17 That prior to final building and zoning inspections, the developer shall Public Works, install accessible curb access ramps with truncated domes at the Development intersection of Lewis Street and collector street "B" and at the Services intersection of collector streets "A" and "B" at the parking garage access, in conformance with Public Works Standard Detail 111 -3. 18 Prior to release of posted securities, the public improvements shall be Public Works, constructed by the developer and accepted by Construction Services Development prior to final building and zoning inspections. Services 19 That prior to final building and zoning inspections, the developer shall improve the streets as follows: 1) improve Katella Avenue and Lewis Street per the Platinum Triangle Implementation Master Plan or as Public Works, approved by the City Engineer, 2) improve the interior collector streets Development "A" and `B" per the Connector and Collector Streets requirements of the Services Platinum Triangle Master Land Use Plan and the Platinum Triangle Implementation Plan. 20 That prior to issuance of building permits, plans shall specifically Public Works, indicate that all vehicular ramps and grades conform to all applicable Traffic Engineering Standards. Engineering 21 That prior to issuance of the a building permit for the parking structure, Public Works, plans shall demonstrate that at -grade ducts and overhead pipes shall not Traffic encroach in the parking space areas or required vehicle clearance areas. Engineering 22 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works, parallel parking in the drive aisles. Red curb locations shall be clearly Traffic labeled on building plans. Engineering 23 That prior to final building and zoning inspection, fire lanes shall be Public Works, posted with "No Parking Any Time." Said information shall be Traffic specifically shown on plans submitted for building permits. Engineering Exhibit "D" Page 5 of 7 24 That prior to the issuance of the first building permit, the property Public Works, owner /developer shall enter into a reimbursement agreement with the Traffic property owner /developer of the Platinum Vista project, subject to the Engineering approval of the City Engineer, to provide for cost sharing of the construction of the public Connector Street between Lewis Street and Katella Avenue. 25 That prior to the approval of the final subdivision map or issuance of a building permit, whichever occurs first, the property owner /developer shall pay the identified fair share responsibility as determined by the Public Works, City as set forth in Mitigation Measures 9 -7 and 9 -8 of MMP 106C. The Traffic City shall allocate the property owners /developers fair share Engineering • 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. 26 That prior to City acceptance of the public right -of -way improvements for Katella Avenue, and for the public Connector Street identified in the Final Site Plan, said streets shall be posted with "No Stopping Any Public Works, Time" signs and associated red curbs, except, in the locations where the Traffic Connector Street is improved with designated parking stalls and Engineering 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. 27 Ongoing during project operations, if the Anaheim Police Department Public Works, or Anaheim Traffic Management Center (TMC) personnel are required Traffic to provide temporary traffic control services, the property Engineering owner /developer shall reimburse the City, on a fair share basis if applicable, for reasonable costs associated with such services. 28 Prior to approval of a final subdivision map or issuance of a grading or building permit for each development project, whichever occurs first, the property owner /developer shall install the sanitary sewer facilities, Public Works, as required by the City Engineer, to mitigate the impacts of the proposed Development development based upon the latest updated sewer study for the Platinum Services Triangle. Exhibit "D" Page 6 of 7 29 Prior to issuance of the first building permit, the final map shall be Public Works, submitted to and approved by the City of Anaheim Department of Public Development Works and the Orange County Surveyor for technical review and that all Services applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. 30 Prior to issuance of a building permit, the developer shall post a security Public Works, to guarantee the construction of public works improvements in an Development amount approved by the City Engineer and in a form approved by the Services City Attorney. Exhibit "D" Page 7 of 7 EXHIBIT "E" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 17494 RELATED TO PLATINUM VISTA PROJECT (DEV2012- 00060) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 1 Prior to the issuance of the first building permit for Platinum Gateway Public Works, and/or Platinum Vista, any existing structures located within the Development ultimate right -of -way for connector streets "A" and "B ", Katella Avenue Services and Lewis Street shall be demolished. 2 The vehicular access rights to Katella Avenue shall be released and Public Works, relinquished to the City of Anaheim. Development Services 3 The vehicular access rights to collector public road STREET "A" and Public Works, STREET `B ", except at the private street openings, shall be released and Development relinquished to the City of Anaheim. Services 4 The property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, 1) the ultimate arterial highway right(s) -of -way adjacent to Public Works, their property (Katella Avenue) as shown in the Platinum Triangle Development Implementation Plan or as approved by the City Engineer, and 2) the Services 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. Exhibit "E" Page 1 of 6 5 Prior to the approval of the final subdivision map, in the event that the owner of Parcel 1 of Tentative Tract 17494, commonly known as the proposed "Platinum Gateway" project (APN 082 -26 -123 and 082 -26- Public Works, 124), requires to construct Collector Street "A" and/or "B" Development improvements, the property owner /developer shall cooperate with Services "Platinum Gateway" to grant temporary construction easement(s) where necessary adjacent to Collector Street "A" and/or `B" lying within the boundary of Parcel 2 of Tentative Tract 17494. 6 Prior to the approval of the final subdivision map, in the event that the Parcel 1 of Tentative Tract 17494, commonly known as the proposed "Platinum Gateway" project (APN 082 -26 -123 and 082 -26 -124), is not Public Works, developed, the owner of Parcel 2 of Tentative Tract 17494 shall install a Development vehicular turn- around area lying within the boundary of Parcel 1 and Services 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. 7 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, Public Works, concrete paver covered street sections, private storm drain improvements, Development temporary turn - around areas, if any, and backflow prevention devices such Services as flap gates; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, 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. 8 Prior to issuance of the first building permit, the final map shall be Public Works, submitted to and approved by the City of Anaheim Department of Public Development Works and the Orange County Surveyor for technical review and that all Services applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. • Exhibit "E" Page 2 of 6 9 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement Public Works, shall be submitted to the Public Works Department, Subdivision Section Development approved by the City Attorney and City Engineer. In lieu of a Subdivision Services Agreement, an amended Development Agreement can be utilized to satisfy this condition of approval if the required terms are included therein. 10 Prior to the issuance of the first grading permit, the OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity Public Works, by providing a copy of the Notice of Intent (NOI) submitted to the State Development Water Resources Control Board and a copy of the subsequent notification Services 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. 11 Prior to issuance of the grading permit and right -of -way construction Public Works, permit for the storm drain and sewer, whichever occurs first, a Save Development Harmless agreement in -lieu of an Encroachment Agreement is required to Services be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. 12 Prior to issuance of the grading permit, the property owner shall submit a Public Works, final drainage report and project improvement plans that incorporate the Development required drainage improvements and the mechanisms proposed in the Services Drainage Report. No offsite run -off shall be blocked during and after grading operations or perimeter wall construction. 13 Prior to issuance of a grading permit, the property owner /developer shall Public Works, submit plans documenting that the design of all aboveground structures Development (with the exception of parking structures) shall be at least one foot Services 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. Exhibit "E" Page 3 of 6 14 The City Engineer shall review the location the project to determine if it is located within an area served by deficient sewer facilities, as identified in the latest updated sewer study for the Platinum Triangle. If Public Works, the project will increase sewer flows beyond those programmed in the Development appropriate master plan sewer study for the area or if the project Services currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner /developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. Prior to issuance of a grading permit the sewer plans shall be submitted for review. Prior to issuance of a building permit for the development project the property owner /developer shall 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. 15 Prior to issuance of a building permit, the developer shall submit to the Public Works Department, Development Services Division street improvement plans for the work on Katella Avenue, collector road street Public Works, "A" and `B" including but not limited to curb and gutter, sidewalk and Development landscape, storm drain, and sewer facilities, and traffic signals as Services 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. 16 Prior to issuance of a building permit, the developer shall post a security Public Works, to guarantee the construction of public improvements, including storm Development drain, water, electrical and sewer, in an amount approved by the City Services Engineer and in a form approved by the City Attorney. The improvements shall be constructed and operational prior to final building and zoning inspections. 17 That prior to final building and zoning inspections, the developer shall Public Works, install accessible curb access ramps with truncated domes at the Development intersection of collector street "A" at the parking garage access, in Services conformance with Public Works Standard Detail 111 -3. Exhibit "E" Page 4 of 6 18 Prior to release of posted securities, the public improvements shall be public Works, constructed by the developer and accepted by Construction Services Development prior to final building and zoning inspections. Services 19 That prior to final building and zoning inspections, the developer shall improve the streets as follows: 1) improve Katella Avenue per the Platinum Triangle Implementation Master Plan or as approved by the City Public Works, Engineer, 2) improve the interior collector streets "A" per the Connector Development and Collector Streets requirements of the Platinum Triangle Master Services Land Use Plan and the Platinum Triangle Implementation Plan. Install a temporary turn- around at the north terminus of Street "A" as required by the City Engineer and the Fire Department. 20 That prior to issuance of building permits, plans shall specifically Public Works, indicate that all vehicular ramps and grades conform to all applicable Traffic and Engineering Standards. Transportation Services 21 That prior to issuance of the a building permit for the parking structure, Public Works, plans shall demonstrate that at -grade ducts and overhead pipes shall not Traffic and encroach in the parking space areas or required vehicle clearance areas. Transportation Services 22 That curbs adjacent to the drive aisles shall be painted red to prohibit Public Works, parallel parking in the drive aisles. Red curb locations shall be clearly Traffic and labeled on building plans Transportation Services 23 That prior to final building and zoning inspection, fire lanes shall be Public Works, posted with "No Parking Any Time." Said information shall be Traffic and specifically shown on plans submitted for building permits. Transportation Services 24 That prior to the final building and zoning inspection, in the event that the adjacent Platinum Gateway project has not completed the following improvement, the property owner /developer shall construct the Public Works, Connector Street as identified on the Site Plan along the west property Traffic and line. These improvements shall include a cul -de -sac at the north end of Transportation the Connector Street, or other turn around area to the satisfaction of the Services City Engineer, if it is expected that this project will be in operation prior to the Platinum Gateway project. Exhibit "E" Page 5 of 6 25 The property owner /developer shall record an easement for cul -de -sac Public Works, driveway purposes on the adjacent property to the immediate west, as Traffic and approved by the City Engineer. Transportation Services 26 That prior to the issuance of the first building permit, the property Public Works, owner /developer shall enter into a reimbursement agreement with the Traffic and property owner /developer of the Platinum Gateway project, subject to Transportation the approval of the City Engineer, to provide for cost sharing of the Services construction of the public Connector Street between Lewis Street and Katella Avenue. 27 That prior to the approval of the final subdivision map or issuance of a Public Works, building permit, whichever occurs first, the property owner /developer Traffic and shall pay the identified fair share responsibility as determined by the Transportation City as set forth in Mitigation Measures 9 -7 and 9 -8 of MMP 106C. The Services 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. 28 That prior to City acceptance of the public right -of -way improvements for Katella Avenue, and for the public Connector Street identified in the Final Site Plan, said streets shall be posted with "No Stopping Any Public Works, Time" signs and associated red curbs, except, in the locations where the Traffic and Connector Street is improved with designated parking stalls and Transportation designated turn-out areas for loading and unloading. Such signs shall be Services 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. Exhibit "E" Page 6 of 6