Resolution-PC 2014-083RESOLUTION NO. PC2014 -083
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF SECOND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT NO. 2007 -00002
BY AND BETWEEN THE CITY OF ANAHEIM AND
PLATINUM VISTA APARTMENTS, LP, A CALIFORNIA
LIMITED PARTNERSHIP.
(DEVELOPMENT AGREEMENT NO. 2007- 00002D)
(DEV2012- 00060B)
(10 15 — 1105 EAST KATELLA AVENUE)
WHEREAS, the City of Anaheim (the "City ") and the Ronald W. Marshall and Deborah
L. Marshall Trust, Dated January 7, 1989, the Marshall Family Trust, Dated February 14, 2000,
and See Development Limited Partnership (collectively, the "Original Owner ") entered into that
certain Development Agreement No. 2007 -00002 to build a 327 -unit condominium project,
including a 9,500 square foot full- service restaurant, the original of which was recorded in the
Official Records of the County of Orange, State of California ( "Official Records ") on March 20,
2008 as Instrument No. 2008000129034 (the "Development Agreement ") with respect to that
certain real property described in the "Legal Description" which is attached hereto as Exhibit A
and incorporated herein by this reference (the "Property "); and
WHEREAS, the Original Owner and the City entered into that certain Amendment No. 1
to Development Agreement No. 2007 -00002 extending the Term of the Development Agreement
from a period of five years to a period of ten years, the original of which was recorded in the
Official Records on June 14, 2012, as Instrument No. 2012000337873 ( "Amendment No. 1 ");
and
WHEREAS, by that certain Assignment and Assumption of Development Agreement,
dated as of December 20, 2012, the Original Owner assigned the Development Agreement, as
amended by Amendment No. 1, to TSG Platinum LP, a Delaware limited partnership ( "TSG "),
the original of which was recorded in the Official Records on December 21, 2012 as Instrument
No. 2012000796335; and
WHEREAS, the City and Shopoff Advisors, L.P., a Delaware limited partnership,
entered into that certain First Amended and Restated Development Agreement No. 2007 -00002
(Development Agreement No. 2007- 00002B) ( "First Amended DA "), to increase the number of
units in the project to 350 and eliminate the 9,500 square foot full- service restaurant in the
project, the original of which was recorded in the Official Records on April 11, 2013, as
Instrument No. 2013000217457; and
WHEREAS, on or about January 22, 2014, the Property was acquired by Platinum Vista
Apartments, L.P., a California limited partnership ( "Owner ") and the First Amended DA was
assigned from TSG Platinum LP, a Delaware limited partnership (successor to Shopoff Advisors,
L.P.), to Owner pursuant to that certain Assignment and Assumption of Development
- 1 - PC2014 -083
Agreement, dated as of January 22, 2014, the original of which was recorded in the Official
Records on January 22, 2014 as Instrument No. 2014000025889; and
WHEREAS, the Development Agreement, Amendment No. 1, and the First Amended
DA shall be referred to herein collectively as the "Existing Development Agreement "; and
WHEREAS, pursuant to the authority conferred upon and in accordance with Section 21
of the Development Agreement and Chapter 18.60 of the Code, the Planning Commission of the
City of Anaheim (the "Planning Commission ") did receive a verified petition from the Owner to
amend the Existing Development Agreement and existing entitlements to increase the number of
dwelling units that can be built on the Property from 350 to 389 residential apartment units
consisting of a six -story "wrap style" building with subterranean parking (the "Revised Platinum
Vista Project "). To that end, the Owner has requested the following entitlements (herein referred
to collectively as the "Proposed New Entitlements "):
(a) An amendment to the Existing Development Agreement in the form of the
proposed Second Amended and Restated Development Agreement No. 2007-
00002 (Development Agreement No. 2007- 00002D) (the "Second Amended
DAG ") presented at the meeting at which this Resolution was adopted;
(b) An amendment to the General Plan to modify "Table LU -4: General Plan
Density Provisions for Specific Areas of the City" to increase the number of
dwelling units from 350 to 389 residential apartment units ( "General Plan
Amendment No. 2014-00495");
(c) An amendment to the Zoning Code to make the Zoning Code consistent with
General Plan Amendment No. 2014 - 00495, as adopted ( "Zoning Code
Amendment No. 2014 - 00117 "); and
(d) An amendment to the Platinum Triangle Master Land Use Plan to be
consistent with General Plan Amendment No. 2014 - 00495, including
amendments to (i) Chapter 1, Table 1 - General Plan Development Intensities, (ii)
Chapter 3, Section 3. 1, (iii) Chapter 3, Section 3.4, (iv) Chapter 3, Table 3, and
(v) Appendix G, to reflect revised development intensities ( "Miscellaneous Case
No. 2014- 00593 "); 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 "), the State of California Guidelines for
Implementation of the California Environmental Quality Act (herein referred to as the "State
CEQA Guidelines "), and the City's Local CEQA Procedure Manual, this Planning Commission
has found and determined and has recommended that the City Council so find and determine
that, among other findings, (i) Addendum No. 3 to FSEIR No. 339, dated August 2014
( "Addendum No. 3"), a copy of which is on file in the Planning Department and incorporated
herein by this reference as though fully set forth, together with the "Revised Platinum Triangle
Expansion Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum
-2- PC2014 -083
Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No.
106C ( "FSEIR No. 339 "), Addendum No. I to FSEIR No. 339, dated April 17, 2012, Addendum
No. 2 to FSEIR No. 339, dated December 3, 2012, and related Mitigation Monitoring Programs
and Plans (collectively, the "CEQA Documents ") satisfies all of the requirements of CEQA and
are adequate to serve as the required environmental documentation for the Proposed New
Entitlements and the Revised Platinum Vista Project; (ii) none of the conditions described in
Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a
subsequent or supplemental EIR have occurred in connection with the Proposed New
Entitlements and the Revised Platinum Vista Project; and (iii) no further environmental
documentation needs to be prepared under CEQA for the Proposed New Entitlements and the
Revised Platinum Vista Project; and
WHEREAS, the Planning Director has heretofore approved Final Site Plan No. 2014-
00007 ( "Final Site Plan ") to provide for the development of the Revised Platinum Vista Project,
contingent upon the approval of the Proposed New Entitlements; and
WHEREAS, on September 8, 2014, this Planning Commission conducted a public
hearing for the proposed Revised Platinum Vista Project and the Proposed New Entitlements at
the Civic Center in the City of Anaheim, 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
Revised Platinum Vista Project and the Proposed New Entitlements; and
WHEREAS, this 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 Second Amended DAG, in the form presented at this meeting, meets all of the
standards and requirements set forth in Resolution No. 82R -565 (the "Procedures Resolution "),
which was adopted by the City Council on November 23, 1982, that is:
(a) The proposed Second Amended DAG 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.
(b) The proposed Second Amended DAG is compatible with the uses authorized
in, and the regulations prescribed for, the applicable zoning district in which the
Revised Platinum Vista Project is and will be located, and is consistent with the
Platinum Triangle Mixed Use Overly requirements.
(c) The proposed Second Amended DAG 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.
(d) The proposed Second Amended DAG is not otherwise detrimental to the
health and safety of the citizens of the City of Anaheim.
-3 - PC2014 -083
(e) The proposed Second Amended DAG constitutes a lawful, present exercise of
the City's police power and authority under, is entered into pursuant to, and is in
compliance with the City's charter powers, the requirements of Section 65867 of
California Government Code and the Procedures Resolution.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentation, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the
above findings and based upon a thorough review of the proposed Second Amended DAG,
Addendum No. 3, the CEQA Documents, and the evidence received to date, does determine and
recommends that the City Council approve the proposed Second Amended DAG in the form
presented at the meeting at which this Resolution was adopted.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon the Owner's compliance
with each and all of the conditions set forth in the Second Amended DAG and those conditions
of approval set forth on Exhibit B attached hereto and incorporated herein by this reference.
Should any such condition, or any part thereof, be declared invalid or unenforceable by the final
judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 8, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures.
CHAIRMAN, PG COMMISSION
6'HE CITY O �HEIM
ATTEST:
,&�� / -
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4- PC2014 -083
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary for the Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Planning Commission of the City of Anaheim held on September 8, 2014, by the following
vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of September,
2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
104483- v2 /TReynolds
-5- PC2014 -083
EXHIBIT "A"
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
PARCELS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK I11, PAGES 40,41 AND 42
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA.
PARCEL B
NON - EXCLUSIVE RECIPROCAL EASEMENT(S) FOR VEHICULAR AND PEDESTRIAN
ACCESS AND TRAFFIC CIRCULATION, AS SET FORTH IN THAT CERTAIN
INSTRUMENT ENTITLED "GRANT OF RECIPROCAL EASEMENTS ", RECORDED
FEBRUARY 28, 2013 AS INSTRUMENT NO. 2013- 000127002, OFFICIAL RECORDS OF
SAID COUNTY.
[Assessor's Parcels Nos. 082 - 261 -27 and 082 - 261 -28]
-6- PC2014 -083
EXHIBIT "B"
CONDITIONS OF APPROVAL
THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 2007-00002
PLATINUM VISTA APARTMENTS
(DEVELOPMENT AGREEMENT NO. 2007-00002D)
(DEV2012- 00060B)
NOTE: Mitigation Measures ( "MM "), from Mitigation Monitoring Program No. 316 are incorporated
into these conditions of approval and are identified by the mitigation measure number below
applicable condition numbers.
Exhibit "B"
Pagel of 33
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMIT OR DEMOLITION PERMITS
1
Prior to approval of each grading plan (for
Planning Department,
(MM2 -3)
Import/Export Plan) and prior to issuance of
Planning Services Division
demolition permits (for Demolition Plans), the
property owner /developer shall submit Demolition
Public Works Department,
and Import/Export Plans detailing construction
Traffic and Transportation
and demolition (C &D) recycling and waste
Division
reduction measures to be implemented to recover
C &D materials. These plans shall include
identification of off -site locations for materials
export from the project and options for disposal of
excess material. These options may include
recycling of materials on -site or to an adjacent
site, sale to a soil broker or contractor, sale to a
project in the vicinity or transport to an
environmentally cleared landfill, with attempts
made to move it within Orange County. The
property owner /developer shall offer recyclable
building materials, such as asphalt or concrete for
sale or removal by private firms or public agencies
for use in construction of other projects if not all
can be reused at the project site.
2
Prior to issuance of the grading permit and right -of-
Public Works Department,
way construction permit for the storm drain and
Development Services Division
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.
Exhibit "B"
Pagel of 33
3
At least 90 days prior to the initiation of grading
Planning Department,
(MM 3 -2)
activities, for projects greater than one acre,
Building Division
coverage for the project must be obtained by
electronically submitting permit registration
documents to the State or obtaining coverage via
current general construction permit prescribed
method by the property owner /developer pursuant
to State and Federal National Pollution Discharge
Elimination System ( NPDES) requirements. As
part of the NOI, a Surface Water Pollution
Prevention Plan (SWPPP) shall be prepared. The
property owner /developer shall also prepare and
submit to the Development Services Division of
the Public Works Department, a Water Quality
Management Plan (WQMP) in accordance with
the City's municipal NPDES requirements and
Chapter 7 of the Orange County Drainage Area
Management Plan. The WQMP must be approved
prior to issuance of grading permit. The SWPPP,
in conjunction with the WQMP, will describe the
structural and nonstructural BMPs that will be
implemented during construction (short-term)
within the Project Area as well as BMPs for long-
term operation of the Project Area that address
potential impacts to surface waters.
4
The City Engineer shall review the location of
Public Works Department,
(MM10 -1)
each project to determine if it is located within an
Development Services Division
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
Exhibit "B"
Page 2 of 33
Exhibit "B"
Page 3 of 33
study for the Platinum Triangle. Additionally, the
property owner /developer shall participate in the
Infrastructure Improvement (Fee) Program, if
adopted for the project area, as determined by the
City Engineer, which could include fees, credits,
reimbursements, construction, or a combination
thereof.
5
Prior to approval of a final subdivision map or
Public Works Department,
(MM10 -3)
issuance of a grading or building permit for each
Development Services Division
development project, whichever occurs first, the
property owner /developer shall contact Orange
County Sanitation District (OCSD) regarding
sewer capacity. Additionally, if requested by the
OCSD, the property owner /developer shall place
up to three flow monitoring devices for up to a
month to verify capacity and ensure consistency
with the OCSD's modeling results.
6
Prior to the issuance of the first grading permit, the
Public Works Department,
OWNER shall demonstrate that coverage has been
Development Services Division
obtained under California's General Permit for
Stormwater Discharges Associated with
Construction Activity by providing a copy of the
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.
7
Prior to the issuance of the first building permit,
Public Utilities,
(MM10 -8)
the property owner /developer shall provide
Water Planning & Resources
engineering studies, including network analysis, to
size the water mains for ultimate development
within the project. This includes detailed water
usage analysis and building plans for Public
Utilities Water Engineering reviews and approval
in determining project water requirements and
appropriate water assessment fees.
8
Prior to the issuance of the first building permit or
Public Utilities,
(MM10 -9)
grading permit, whichever occurs first, the
Water Planning & Resources
property owner /developer shall indicate on plans
installation of a separate irrigation meter when the
Exhibit "B"
Page 3 of 33
Exhibit "B"
Page 4 of 33
total landscaped area exceeds 2,500 square feet.
(City of Anaheim Water Conservation Measures)
9
The property owner shall comply with Rule 15D
Public Utilities,
of the Water Utilities Rates, Rules, and
Water Planning & Resources
Regulations and pay all applicable water
assessment fees.
Prior to issuance of a building permit or grading
Public Utilities,
10
permit, whichever occurs first, the property
Resource Efficiency
(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.
Prior to issuance of a building permit or grading
Public Utilities,
11
permit, whichever occurs first, the property
Water Planning & Resources
(MM10 -14)
owner /developer shall indicate on plans
installation of a separate irrigation lines and use
recycled water when it becomes available. All
irrigation systems shall be designed so that they
will function properly with recycled water. The
property owner /developer shall contact the Public
Utilities Department, Water Engineering Division,
for recycled water system requirements and
specific water conservation measures to be
incorporated into the building and landscape
construction plans.
12
Prior to approval of a final subdivision map or
Public Works Department,
(MM10 -17)
issuance of a grading or building permit,
Development Services Division
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
Exhibit "B"
Page 4 of 33
Exhibit "B"
Page 5 of 33
Attorney's Office. The property owner /developer
shall be required to install the drainage facilities,
as required by the City Engineer to mitigate the
impacts of the proposed development based upon
the Development Mitigation within Benefit Zones
of the Master Plan of Storm Drainage for East
Garden Grove Wintersburg Channel Tributary
Area, prior to acceptance for maintenance of
public improvements by the City or final Building
and Zoning inspection for the building/ structure,
whichever occurs first. Additionally, the property
owner /developer shall participate in the
Infrastructure Improvement (Fee) Program, if
adopted for the Project Area, as determined by the
City Engineer, which could include fees, credits,
reimbursements, construction, or a combination
thereof.
13
Prior to issuance of the grading permit, the property
Public Works Department,
owner shall submit a final drainage report and
Development Services Division
project improvement plans that incorporate the
required drainage improvements and the
mechanisms proposed in the Drainage Report. No
offsite run -off shall be blocked during and after
grading operations or perimeter wall construction.
14
Prior to issuance of a grading permit, the property
Public Works Department,
owner /developer shall submit plans documenting
Development Services Division
that the design of all aboveground structures (with
the exception of parking structures) shall be at
least one foot higher that the 100 -year flood zone,
where applicable, unless otherwise required by the
City Engineer. All structures below this level shall
be floodproofed to prevent damage to property or
harm to people.
Prior to the approval of each grading plan (for
Public Works Department,
15
import/export plan) and prior to issuance of
Streets and Sanitation Division
(MM 10 -20)
demolition permits (for demolition plans), the
property owner /developer shall submit a
Public Works Department,
Demolition and Import/ Export Plans, if
Traffic and Transportation Division
determined to be necessary by the Public Works
Department, Traffic Engineering Division and /or
Planning Department,
Street and Sanitation Division. The plans shall
Planning Division
include identification of off -site locations for
material export from the project and options for
disposal of excess material. These options may
Exhibit "B"
Page 5 of 33
Exhibit "B"
Page 6 of 33
include recycling of materials on -site, sale to a
broker or contractor, sale to a project in the
vicinity or transport to an environmentally cleared
landfill, with attempts made to move it within
Orange County. The property owner /developer
shall offer recyclable building materials, such as
asphalt or concrete for sale or removal by private
firms or public agencies for use in construction of
other projects, if all cannot be reused on the
project site.
16
Prior to issuance of each building permit or
Public Utilities,
(MM10 -23)
grading permit, whichever occurs first, the
Electrical Engineering Division
property owner /developer shall install their portion
of the underground electrical service from the
Public Utilities Distribution System as determined
by the City of Anaheim Public Utilities
Department. The Underground Service will be
installed in accordance with the Electric Rules,
Rates, Regulations and Electrical Specifications of
Underground Systems. Electrical service fees and
other applicable fees will be assessed in
accordance with the Electric Rules, Rates,
Regulations or another financial mechanism
approved by the City. The underground electrical
service will consist of the following improvements
to the current electric facilities:
Relocate Southern California Edison
transmission line underground on
Katella Avenue from west of the Union
Pacific Railroad to Lewis Street (850
feet).
Relocate Southern California Edison
communication line underground on
Katella Avenue from Lewis Street to
east of State College Boulevard (2,400
feet).
A new distribution duct bank on Katella
Avenue from Lewis Street to 700 feet
west of State College Boulevard (2,400
feet).
Relocate distribution circuits underground on
Katella Avenue from Lewis Street to
700 feet west of State College
Boulevard (2,400 feet).
A new distribution duct bank on
Orangewood Avenue from Anaheim
Exhibit "B"
Page 6 of 33
Exhibit "B"
Page 7 of 33
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).
17
Prior to issuance of each building permit or
Public Utilities,
(MM10 -25)
grading permit, whichever occurs first, the
Electrical Engineering Division
property owner /developer shall install their portion
of the underground electrical service from the
Public Utilities Distribution System as determined
by the City of Anaheim Public Utilities
Department. The Underground Service will be
installed in accordance with the Electric Rules,
Rates, Regulations and Electrical Specifications of
Underground Systems. Electrical service fees and
other applicable fees will be assessed in
accordance with the Electric Rules, Rates,
Regulations or another financial mechanism
approved by the City. The underground electrical
service will consist of the following improvements
to the current electric facilities:
Two new distribution duct banks on Katella
Avenue from Anaheim Way to Lewis
Street (800 feet).
A new distribution duct bank on Katella
Avenue from Douglas Road to Howell
Avenue (2,000 feet).
A new distribution duct bank on State
College Boulevard from Cerritos
Avenue to Katella Avenue (2,600 feet).
A new distribution duct bank on
Exhibit "B"
Page 7 of 33
Exhibit "B"
Page 8 of 33
Orangewood Avenue from I -5 to the
Santa Ana River (4,800 feet).
• new distribution duct bank on Gene Autry
Way from Haster Street to the east side
of I -5 (2,500 feet).
• new distribution duct bank on Gene Autry
Way from I -5 to State College
Boulevard (2,500 feet).
• new transmission duct bank on Anaheim
Way from 700 feet north of Katella
Avenue to Orangewood Avenue (3,400
feet).
• new transmission duct bank on Lewis
Street and Santa Cruz Street from
Katella Avenue to Orangewood Avenue
(3,000 feet).
• new distribution duct bank on the east side
of the Angel Stadium parking lot from
Orangewood Avenue to the SR -57
(2,000 feet).
A new distribution duct bank on Douglas Road
from SR -57 to Cerritos Avenue (4,000 feet).
PRIOR TO ISSUANCE OF A BUILDING PERMIT
18
The property owner /developer shall submit
South Coast Air Quality
(MM24)
evidence that high- solids or water -based low
Management District
emissions paints and coatings are utilized in the
design and construction of buildings, in
compliance with South Coast Air Quality
Management District's regulations. This
information shall be denoted on the project plans
and specifications. Additionally, the property
owner /developer's shall specify the use of high -
volume /low- pressure spray equipment or hand
application. Air - atomized spray techniques shall
not be permitted. Plans shall also show that
property owner /developers shall construct/build
with materials that do not require painting, or use
prepainted construction materials, to the extent
feasible.
19
The property owner /architect shall submit energy
(MM2 -6)
calculations used to demonstrate compliance with
Planning Department,
the performance approach to the California Energy
Building Division
Efficiency Standards to the Building Division that
Exhibit "B"
Page 8 of 33
Exhibit "B"
Page 9 of 33
shows each new structure exceeds the applicable
Building and Energy Efficiency Standards by a
minimum of 10 percent at the time of the building
permit. Prior to issuance of a building permit,
plans shall show the following:
a) Energy - efficient roofing systems, such as
vegetated or "cool" roofs, that reduce roof
temperatures significantly during the
summer and; therefore, reduce the energy
requirement for air conditioning. Examples
of energy efficient building materials and
suppliers can be found at the following
website: http: / /eetd.lbl.gov /CoolRoofs/ or
other similar websites.
b) Cool pavement materials such as lighter -
colored pavement materials, porous
materials, or permeable or porous
pavement, for all roadways and walkways
not within the public right -of -way, to
minimize the absorption of solar heat and
subsequent transfer of heat to its
surrounding environment. Examples of
cool pavement materials are available at:
http://www.epa.gov/heatisld/
images/ extra/level3 _pavingproducts.html
or other similar websites.
c) Energy saving devices that achieve the
existing 2008 Building and Energy
Efficiency Standards, such as use of energy
efficient appliances (e.g., EnergyStar(T
appliances) and use of sunlight- filtering
window coatings or double -paned
windows.
d) Electrical vehicle charging stations for all
commercial structures encompassing over
50,000 square -feet.
e) Shady trees strategically located within
close proximity to the building structure to
reduce heat load and resulting energy
usage at residential, commercial, and
office.
20
Prior to approval of street improvement plans for
Public Works,
(MM5 -1)
any project - related roadway widening, the City
Development Services Division
shall retain a qualified acoustic engineer to design
Exhibit "B"
Page 9 of 33
Exhibit "B"
Page 10 of 33
project acoustical features that will limit traffic
noise at noise sensitive uses to levels that are
below the City's noise ordinance. These
treatments shall be noted on the street
improvement plans to the satisfaction of the
Planning Department and may include, but are not
limited to, the replacement of windows and doors
at existing residences with acoustically rated
windows and doors.
Planning Department,
Building Division
21
The project property owner /developers shall
(MM5 -2)
submit a final acoustical report prepared to the
Planning Department,
satisfaction of the Planning Director. The report
Building Division
shall show that the development will be sound -
attenuated against present and projected noise
levels, including roadway, aircraft, helicopter,
stationary sources (e.g., industrial, commercial,
stadium, etc.), and railroad, to meet City interior
noise standards as follows:
a) The report shall demonstrate that the
proposed residential design will result in
compliance with the 45 dBA CNEL interior
noise levels, as required by the California
Building Code and California Noise
Insulation Standards (Title 24 and 25 of the
California Code of Regulations).
b) The report shall demonstrate that the
Proposed Project residential design shall
minimize nighttime awakening from
stadium event noise and train horns such
that interior single -event noise levels are
below 81 dBA Lnm-
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
Proj ect.
22
To reduce noise and vibration impacts from the
(MM5 -5)
impact pile driver, the construction contractor
Planning Department,
shall evaluate the feasibility of using auger cast
Building Division
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
Exhibit "B"
Page 10 of 33
Exhibit "B"
Page 1 I of 33
necessary for use of the impact pile driver and /or
eliminate the need to use pile drivers altogether.
Proof of compliance with this measure shall be
submitted to the Planning Department in the form
of a letter from the construction contractor.
23
Plans shall indicate that all buildings shall have
Fire Department
(MM7 -1)
fire sprinklers in accordance with the Anaheim
Municipal Code. Said sprinklers shall be installed
by the property owner /developer prior to each
final Building and Zoning inspection.
24
The property owner /developer shall pay the Public
Fire Department
(MM7 -2)
Safety Impact Fee, as amended from time to time,
for fire facilities and equipment impact fees
identified in Anaheim Municipal Code Chapter
17.36.
25
The property owner /developer shall submit plans
Police Department
(MM7 -3)
to the Anaheim Police Department for review and
approval for the purpose of incorporating safety
measures in the project design including
implementation of Ordinance 6016 and the concept
of crime prevention through environmental design
(i.e., building design, circulation, site planning and
lighting of parking structure and parking areas).
Rooftop addresses shall be provided for all parking
structures (for the police helicopter). Minimum
size for numbers shall be four feet in height and
two feet in width. The lines for the numbers shall
be six inches thick and spaced 12 to 18 inches
apart. All numbers shall have a contrasting color to
the parking structure and shall face the street to
which the structure is addressed.
26
For a parking structure, the property
Police Department
(MM7 -4)
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.
27
The property owner /developer shall submit design
Police Department
(MM7 -5)
plans that shall include parking lots and parking
structures with controlled access points to limit
Exhibit "B"
Page 1 I of 33
Exhibit "B"
Page 12 of 33
ingress and egress if determined to be necessary
by the Anaheim Police Department, and shall be
subject to the review and approval of the Anaheim
Police Department.
28
The property owner /developer shall pay the school
Planning Department,
(MM7 -9)
impact fees as adopted by the Board of Trustees of
Building Division
the Anaheim Union High School District and
Anaheim City School District in compliance with
Senate Bill 50 (Government Code [GC] Section
65995 [b][3] as amended).
29
The property owner /developer shall pay the
Public Works Department,
(MM9 -4)
appropriate Traffic Signal Assessment Fees,
Traffic and Transportation
Traffic Impact and Improvement Fees, and
Division
Platinum Triangle Impact Fees to the City of
Anaheim in amounts determined by the City
Council Resolution in effect at the time of
issuance of the building permit with credit given
for City- authorized improvements provided by the
property owner /developer; and participate in all
applicable reimbursement or benefit districts
which have been established.
30
Prior to approval of the first building permit the
Public Works Department,
(MM9 -5)
property owner /developer shall irrevocably offer
Traffic and Transportation
for dedication (with subordination of easements),
Division
including necessary construction easements, the
ultimate arterial highway right(s) -of -way adjacent
to their property as shown in the Circulation
Element of the Anaheim General Plan and
consistent with the adopted Platinum Triangle
Master Land Use Plan.
31
Any project forecast to generate 100 or more peak
Public Works Department,
(MM 9 -6)
hour trips, as determined by the City Traffic and
Traffic and Transportation
Transportation Manager utilizing Anaheim Traffic
Division
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
Exhibit "B"
Page 12 of 33
Exhibit "B"
Page 13 of 33
study to maintain satisfactory levels of service as
defined by the City's General Plan, based on
thresholds of significance, performance standards
and methodologies utilized in SEIR No. 339,
Orange County Congestion Management Program
and established in City of Anaheim Traffic Study
Guidelines. The improvement phasing analyses
will specify the timing, funding, construction and
fair share responsibilities for all traffic
improvements necessary to maintain satisfactory
levels of service within the City of Anaheim and
surrounding jurisdictions. The Development
Agreement Conditions of Approval shall require
the property owner /developer to construct, bond
for or enter into a funding agreement for necessary
circulation system improvements, as determined
by the City Traffic and Transportation Manager,
unless alternative funding sources have been
identified.
32
In conjunction with the preparation of any traffic
Public Works Department,
(MM9 -7)
improvement phasing analyses as required in
Traffic and Transportation
Mitigation Measure 9 -6, property owners
Division
/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.
Exhibit "B"
Page 13 of 33
33
In conjunction with the preparation of any traffic
Public Works Department,
(MM9 -8)
improvement phasing analyses as required in
Traffic and Transportation
Mitigation Measure 9 -6, the following actions
Division
shall be taken in cooperation with the City of
Orange:
a) The traffic improvement phasing analysis
shall identify any impacts created by the
project on facilities within the City of
Orange. The fair -share percentage
responsibility for mitigating these impacts
shall be calculated in this analysis.
b) The City of Anaheim shall estimate the
cost of the project's fair -share
responsibility in cooperation with the City
of Orange.
c) The Proposed Project shall pay the City of
Anaheim the fair -share cost prior to
issuance of a building permit. The City of
Anaheim shall hold the amount received in
trust, and then, once a mutually agreed
upon joint program is executed by both
cities, the City of Anaheim shall allocate
the fair -share contribution to traffic
mitigation programs that result in improved
traffic flow at the impacted locations, via
an agreement mutually acceptable to both
cities.
d) The City shall work with the City of
Orange to amend the JCFA to ensure the
fair share fees collected to mitigate arterial
and intersection impacts in the City of
Orange are mitigated to the extent feasible.
34
In conjunction with the preparation of any traffic
Public Works Department,
(MM9 -9)
improvement phasing analyses as required in
Traffic and Transportation
Mitigation Measure 9 -6, and assuming that a
Division
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
Exhibit "B"
Page 14 of 33
Exhibit "B"
Page 15 of 33
responsibility for mitigating these impacts
based on thresholds of significance,
performance standards and methodologies
utilized in SEIR No. 339 and established in
the Orange County Congestion
Management Program and City of
Anaheim Traffic Study Guidelines.
b) The City shall estimate the cost of the
project's fair -share responsibility in
cooperation with Caltrans.
35
Prior to the approval of a building permit the
Public Works Department,
(MM9 -10)
property owner /developer shall pay the identified
Traffic and Transportation
fair -share responsibility as determined by the City
Division
as set forth in Mitigation Measure 9 -9. The City
shall allocate the property owners /developers fair -
share contribution to traffic mitigation programs
that result in improved traffic flow on the
impacted mainline and ramp locations, via an
agreement mutually acceptable to Caltrans and the
City.
Prior to issuance of the first building permit for
Public Works Department,
36
each building, the property owner /developer shall
Traffic and Transportation Division
(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.
37
The property owner /developer shall meet with the
Public Works Department,
(MM9 -15)
Traffic and Transportation Manager to determine
Traffic and Transportation
whether a bus stop(s) is required to be placed
Division
adjacent to the property. If a bus stop(s) is
required, it shall be placed in a location that least
impacts traffic flow and may be designed as a bus
Orange County Transportation
turnout or a far side bus stop as required by the
Authority (OCTA)
Traffic and Transportation Manager and per the
approval of the Orange County Transportation
Authority (OCTA).
38
Prior to approval of sanitary sewer connections for
Public Works Department,
Exhibit "B"
Page 15 of 33
(MM10 -4)
each development project, the property
owner /developer shall be required to install the
sanitary sewer facilities, as required by the City
Engineer, to prevent the sewer spill for below -grade
structures of the proposed development based upon
the latest updated sewer study for the Platinum
Triangle. Where requested by the City Engineer,
sewer improvements shall be constructed with
larger than recommended diameter to maintain the
surcharge levels within the pipe and the invert
elevation of sewer laterals shall be located above
the hydraulic grade line elevation of the surcharge
levels when they are above the pipe crown.
Development Services Division
39
Prior to issuance of a building permit, additional
Public Work Department,
(MM10 -6)
analysis shall be performed using flow, wet-
Development Services
weather data, and other information specific for that
project in order to obtain more accurate results of
the surcharge levels for final design.
40
Landscape plans shall demonstrate compliance
Resource Efficiency
(MM10 -7)
with the City of Anaheim adopted Landscape
Water Efficiency Guidelines. This ordinance is in
Public Works,
compliance with the State of California Model
Development Services Division
Water Efficient Landscape Ordinance (AB 1881).
Among the measures to be implemented with the
project are the following:
Use of water - conserving landscape plant
materials wherever feasible;
Use of vacuums and other equipment to
reduce the use of water for wash down of
exterior areas;
Low -flow fittings, fixtures and equipment
including low flush toilets and urinals;
Use of self - closing valves for drinking
fountains;
Use of efficient irrigation systems such as
drip irrigation and automatic systems
which use moisture sensors;
Infrared sensors on sinks, toilets and urinals;
Infrared sensors on drinking fountains;
Use of irrigation systems primarily at night,
when evaporation rates are lowest;
Water - efficient dishwashers, clothes washers,
and other water using appliances;
Exhibit "B"
Page 16 of 33
Exhibit "B"
Page 17 of 33
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.
41
Submitted landscape plans for all residential,
(MM 10 -12)
office and commercial landscaping shall
Public Utilities,
demonstrate the use of drought tolerant plant
Resource Efficiency
materials pursuant to the publication entitled
"Water Use Efficiency of Landscape Species" by
the U.C. Cooperative Extension, August 2000.
42
The property owner /developer shall submit project
(MM10 -18)
plans to the Streets and Sanitation Division of the
Public Works Department for review and approval
Public Works,
to ensure that the plans comply with A13939, and
Streets and Sanitation Division
the Solid Waste Reduction Act of 1989, and the
County of Orange and City of Anaheim Integrated
Waste Management Plans as administered by the
City of Anaheim. Implementation of said plan
shall commence upon occupancy and shall remain
in full effect as required by the Street and
Sanitation Division and may include, at its
discretion, the following plan components:
Detailing the locations and design of on -site
recycling facilities.
Participating in the City of Anaheim's
"Recycle Anaheim" program or other
substitute program as may be developed by
the City or governing agency.
Facilitating cardboard recycling (especially in
retail areas) by providing adequate space
and centralized locations for collection and
bailing.
Providing trash compactors for non - recyclable
materials whenever feasible to reduce the
Exhibit "B"
Page 17 of 33
Exhibit "B"
Page 18 of 33
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.
43
The property owner /developer shall submit plans
(MM 10 -21)
showing that each structure will exceed the State
Energy Efficiency Standards for Nonresidential
Public Utilities,
Buildings (Title 24, Part 6, Article 2, California
Business and Community Programs
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.
44
The property owner /developer shall indicate on
(MM 10 -22)
plans energy- saving practices that will be
implemented with the project in compliance with
Public Utilities,
Title 24, which may include the following:
Business and Community Programs
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.
Exhibit "B"
Page 18 of 33
Exhibit "B"
Page 19 of 33
Use of compact fluorescent lamps.
Use of cold cathode fluorescent lamps.
Use of EnergyStar ® exit lighting or exit
signage.
Use of T -8 lamps and electronic ballasts
where applications of standard
fluorescent fixtures are identified.
Use of lighting power controllers in
association with metal - halide or high -
pressure sodium (high intensity
discharge) lamps for outdoor lighting and
parking lots.
Consideration of thermal energy storage air
conditioning for spaces or facilities that
may require air - conditioning during
summer, day -peak periods.
Consideration for participation in Advantage
Services Programs such as:
• New construction design review, in
which the City cost - shares
engineering for up to $15,000 for
design of energy efficient buildings
and systems.
• New Construction — Cash
incentives $400 per kW or $0.15 per
kWh saved for each measure and up
to $200,000 per facility for efficiency
that exceed Title 24 requirements.
• Green Building Program — Offers
accelerated plan approval, financial
incentives, waived plan check fees
and free technical assistance.
Use of high efficiency toilets (1.28 gallons
per flush [gpf] or less).
Use of zero to low water use urinals (0.0 gpf
to 0.25 gpf).
Use of weather -based irrigation controllers
for outdoor irrigation.
Use of draught - tolerant and native plants in
outdoor landscaping.
45
The property owner /developer shall submit plans
Public Utilities,
(MM 10 -24)
for review and approval which shall ensure that
Business and Community Programs
buildings exceed the State Energy Efficiency
Standards for Nonresidential buildings (Title 24,
Exhibit "B"
Page 19 of 33
Exhibit "B"
Page 20 of 33
Part 6, Article 2, California Administrative Code)
by a minimum of 10 percent.
46
Prior to issuance of each building permit or
(MM10 -26)
grading permit, the property owner /developer shall
provide an electrical load analysis to the City of
Public Utilities,
Anaheim Public Utilities Department (APUD).
Electrical Engineering Division
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.
47
The property owner /developer shall submit a plan
to the Water Engineering Division of the Public
Utilities Department showing the individual water
service installations required to serve each
Public Utilities,
building, including locations of proposed large
Water Planning & Resources
meters with easements, small meters, and fire lines
with backflow devices. The plan shall
demonstrate that all backflow devices will be
located aboveground outside the street setback
area in a manner fully screened from all public
streets and in locations approved by the Public
Utilities Department and the Planning Department.
The plans shall also demonstrate that any existing
water services, fire lines, and backflow devices
conform to current Water Utility Standards and /or
existing water services and /or fire lines that are
not approved for continued use by Water
Engineering shall be upgraded to current
standards, or abandoned, if no longer needed, by
the property owner /developer.
48
Prior to issuance of a building permit, the property
Public Utilities,
owner /developer shall pay his project's
Water Planning & Resources
proportionate share of the cost to prepare the
Water Supply Assessment for the Platinum
Triangle SEIR No. 339.
Exhibit "B"
Page 20 of 33
49
The Owner shall submit a water system master
plan, including hydraulic distribution network
analysis and estimates of the maximum required
fire flow rate and the maximum day and peak hour
Public Utilities,
water demands for the development to the Water
Water Planning & Resources
Engineering Division of the Public Utilities
Department for review and approval. The master
plan shall demonstrate the adequacy of the
proposed on -site water system to meet the
project's water demands and fire protection
requirements without reducing existing service
levels or impacting any existing water supply or
conveyance facilities. Any off -site water system
improvements required to serve the project shall
be done in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules and Regulations.
A water improvement plan shall be submitted to
50
the Water Engineering Division for approval and a
Public Utilities,
performance bond in the amount approved by the
Water Planning & Resources
City Engineer and form approved by City
Attorney shall be posted with the City of Anaheim
51
All requests for new water services or fire lines, as
well as any modifications, relocations, or
Public Utilities,
abandonments of existing water services and fire
Water Planning & Resources
lines, shall be coordinated through Water
Engineering Division of the Anaheim Public
Utilities Department.
52
Prior to issuance of a building permit it the
following shall be determined:
1) No public water mains or public water
facilities shall be installed in any alleys or
Public Utilities,
paseos.
Water Planning & Resources
2) No water mains or laterals allowed under
parking stalls.
3) Separate services shall be installed for
domestic and fire water.
4) All fire services 2 -inch and smaller shall be
metered with a UL listed meter, Hershey
Residential Fire Meter with Translator
Register, no equals.
5) Large water meters shall be located on
private property in an easement, outside of
the setback area.
Exhibit "B"
Page 21 of 33
Exhibit "B"
Page 22 of 33
6) Lead -free backflow prevention assemblies
meeting the City of Anaheim's current
standards shall be installed at all domestic
water service meters. Backflow prevention
assemblies meeting the City of Anaheim's
current standards shall be installed at all
fire and irrigation services. Additionally,
the location and type of all meters and
backflow prevention assemblies shall be
subject to the review and approval of
Anaheim Water Engineering during the
final design stage.
7) Although the conceptual water system
layout is acceptable to Anaheim Water
Engineering, the final alignment and layout
shall be subject to the review and approval
of Anaheim Water Engineering during the
final design phase.
53
Owner /developer shall acquire and provide an
easement to the City of Anaheim for all locations
Public Utilities,
where public water main crosses Orange County
Water Planning & Resources
Flood Control District Right -of -Way and facilities
(both existing AND proposed flood facilities). The
City will cooperate and assist in the acquisition of
the easement.
54
The City's grant easement deed language
requirements (i.e., City is ONLY responsible for
Public Utilities,
replacing asphalt paving when it makes repairs or
Water Planning & Resources
replacements to public water facilities in private
streets, it is NOT responsible for slurry sealing,
replacing concrete, pavers, or any other decorative
hardscape, walls, or landscaping) shall be included
in easement deeds for all public water facilities
located on private property.
55
The applicant shall demonstrate to the City that
adequate water supply exists to serve the Proposed
Public Utilities,
Project. If it cannot be demonstrated that adequate
Water Planning & Resources
water exists to serve the specific project, the
project shall not be approved.
56
"No Trespassing 602(k) P.C." posted at the
entrances of parking lots /structures and located in
Police Department
other appropriate places. Signs must be at least 2'
x 1' in overall size, with white background and
Exhibit "B"
Page 22 of 33
Exhibit "B"
Page 23 of 33
black 2" lettering.
57
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.
58
The proposed project shall comply with all State
Energy Insulation Standards and City of Anaheim
Public Utilities,
codes in effect at the time of application for
Electrical Engineering Division
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.)
59
Prior to approval of permits for improvement
plans, the property owner /developer shall
Public Utilities,
coordinate with Electrical Engineering to establish
Electrical Engineering Division
electrical service requirements and submit electric
system plans, electrical panel drawings, site plans,
elevation plans, and related technical drawings and
specifications.
60
That curbs adjacent to the drive aisles shall be
Public Works Department,
painted red to prohibit parallel parking in the drive
Traffic and Transportation
aisles. Red curb locations shall be clearly labeled
Division
on building plans.
61
That prior to issuance of building permits, plans
Public Works Department,
shall specifically indicate that all vehicular ramps
Traffic and Transportation
and grades conform to all applicable Engineering
Division
Standards.
62
That prior to issuance of the a building permit for
the parking structure, plans shall demonstrate that
Public Works Department,
at -grade ducts and overhead pipes shall not
Traffic and Transportation
encroach in the parking space areas or required
Division
vehicle clearance areas.
63
Prior to issuance of the first building permit, the
final map shall be submitted to and approved by the
Public Works Department,
City of Anaheim Department of Public Works and
Development Services Division
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.
Exhibit "B"
Page 23 of 33
64
That prior to the issuance of the first building
Public Works Department,
permit, the Platinum Vista property
owner /developer shall enter into a reimbursement
Traffic and Transportation
agreement with the property owner /developer of
Division
the Platinum Gateway project, subject to the
approval of the City Engineer, to provide for cost
sharing of the construction of the public Connector
Street between Lewis Street and Katella Avenue.
65
That prior to the approval of the final subdivision
map or issuance of a building permit, whichever
occurs first, the property owner /developer shall
Public Works Department,
pay the identified fair share responsibility as
Traffic and Transportation
determined by the City as set forth in Mitigation
Division
Measures 9 -7 and 9 -8 of MMP 106C. The City
shall allocate the property owners /developers fair
share contribution to traffic mitigation programs
that result in improved traffic flow, via an
agreement mutually acceptable to Caltrans and the
City. These improvements consist of any potential
mitigation measures identified in the updated
traffic study.
66
Prior to issuance of a building permit, the developer
shall submit to the Public Works Department,
Public Works Department,
Development Services Division street improvement
Development Services Division
plans for the work on Katella Avenue, collector
road street "A" and `B" including but not limited to
curb and gutter, sidewalk and landscape, storm
drain, and sewer facilities, and traffic signals as
applicable. The landscape and irrigation
improvement plans shall be prepared in accordance
with the Public Works Landscape and Irrigation
Manual for Public Street and Highway.
67
Prior to issuance of a building permit, the developer
shall post a security to guarantee the construction
Public Works Department,
of public improvements, including storm drain,
Development Services Division
water, electrical and sewer, in an amount approved
by the City Engineer and in a form approved by
the City Attorney. The improvements shall be
constructed and operational prior to final
building and zoning inspections.
ON -GOING DURING GRADING AND CONSTRUCTION
68
The property owner /developer shall be responsible
South Coast Air Quality
(MM 2 -1)
for requiring contractors to implement the
Management District
following measures to reduce construction- related
Exhibit "B"
Page 24 of 33
Exhibit "B"
Page 25 of 33
emissions; however, the resultant value is
Public Works Department,
expected to remain significant.
Development Services Division
a) The contractor shall ensure that all
construction equipment is being properly
Planning Department,
serviced and maintained in accordance
Building Division
with the manufacturer's recommendations
to reduce operational emissions.
b) The contractor shall use Tier 3 or higher, as
identified by the United States
Environmental Protection Agency, off -road
construction equipment with higher air
pollutant emissions standards for
equipment greater than 50 horsepower,
based on manufacturer's availability.
c) The contractor shall utilize existing power
sources (e.g., power poles) or clean -fuel
generators rather than temporary diesel -
power generators, where feasible.
69
The property owner /developer shall implement the
South Coast Air Quality
(MM 2 -2)
following measures in addition to the existing
Management District
requirements for fugitive dust control under South
Coast Air Quality Management District Rule 403
Public Works Department,
to further reduce PMIO and PM 2 . 5 emissions. To
Development Services Division
assure compliance, the City shall verify
compliance that these measures have been
implemented during normal construction site
Planning Department,
inspections. The measures to be implemented are
Building Division
listed below:
a) During all grading activities, the property
owner /developer's construction contractor
shall re- establish ground cover on the
construction site through seeding and
watering as quickly as possible to achieve
minimum control efficiency for PM of 5
percent.
b) During all grading activities, the property
owner /developer's construction contractor
shall apply chemical soil stabilizers Pave to
on -site haul roads to achieve control
efficiency for PM 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
Exhibit "B"
Page 25 of 33
to erosion over extended periods of time.
d) The property owner /developer's
construction contractor shall schedule
activities to minimize the amount of
exposed excavated soil during and after the
end of work periods.
e) During all construction activities, the
property owner /developer's construction
contractor shall sweep streets with Rule
1186 compliant PM efficient vacuum
units on a daily basis if silt is carried over
to adjacent public thoroughfares or occurs
as a result of hauling.
f) During active demolition and debris
removal and grading, the property
owner /developer's construction contractor
shall suspend demolition and grading
operations when wind speeds exceed 25
miles per hour to achieve an emissions
control efficiency for PM under worst -
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 PMIO of 91 percent. an
h) During all construction activities, the
property owner /developer's construction
contractor shall water exposed ground
surfaces and disturbed areas a minimum of
every three hours on the construction site
to achieve an emissions reduction control
efficiency for PM of 61 percent.
i) During active demolition and debris
removal, the property owner /developer's
construction contractor shall apply water to
disturbed soils at the end of each day to
achieve an emission control efficiency for
PM of 10 percent.
j) During scraper unloading and loading, the
property owner /developer's construction
contractor shall ensure that actively
disturbed areas maintain a minimum soil
Exhibit "B"
Page 26 of 33
Exhibit "B"
Page 27 of 33
moisture content of 12 percent by use of a
moveable sprinkler system or water truck
to achieve a control efficiency for PM of
69 percent.
k) During all construction activities, the
property owner /developer's construction
contractor shall limit on -site vehicle speeds
on unpaved roads to no more than 15 miles
per hour to achieve a control efficiency for
PM10 of 57 percent.
70
Ongoing during grading, demolition, and
(MM5 -7)
construction, the property owner /developer shall
be responsible for requiring contractors to
Planning Department,
implement the following measures to limit
Building Division
construction- related noise:
a) Noise generated by construction, shall
Public Works Department,
be limited by the property owner /developer
Development Services
to 60 dBA along the property boundaries,
before 7:00 AM and after 7:00 PM, as
governed by Chapter 6.7, Sound Pressure
Levels, of the Anaheim Municipal Code.
b) Limit the hours of operation of
equipment that produces noise levels
noticeably above general construction
noise levels to the hours of 10:00 AM to
4:00 PM.
All internal combustion engines on all of the
construction equipment shall be properly outfitted
with well maintained muffler systems.
71
Through specific study of this project site, by a
certified archaeologist, it has been determined that
Planning Department,
no known cultural resources are located in this
Building Division
area. However, should artifacts be uncovered
during grading or excavation, the developer shall
Public Works Department,
have a certified archaeologist ensure that the
Development Services Division
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
Exhibit "B"
Page 27 of 33
Exhibit "B"
Page 28 of 33
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 -GOING DURING CONSTRUCTIONACTIVITIES
72
The property owner /developer shall be responsible
(MM5 -8)
for requiring project contractors to properly
Planning Department,
maintain and tune all construction equipment to
Building Division
minimize noise emissions.
73
The property owner /developer shall be responsible
(MM5 -9)
for requiring project contractors to locate all
Planning Department,
stationary noise sources (e.g., generators,
Building Division
compressors, staging areas) as far from occupied
noise - sensitive receptors as is feasible.
74
Material delivery, soil haul trucks, and equipment
(MM5 -10)
servicing shall also be restricted to the hours set
Planning Department,
forth in the City of Anaheim Municipal Code,
Building Division
Section 6.70.
PRIOR TO APPRO VAL AND ON -GOING D URING CONSTR UCTION
75
Prior to the approval and ongoing during
(MM10 -2)
construction of any street improvement plans
within the Platinum Triangle, which encompass
Public Works Department,
area(s) where Orange County Sanitation District
Development Services Division
(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.
Exhibit "B"
Page 28 of 33
76
Prior to the approval and ongoing during
(MM10 -5)
construction of any street improvement plans
Public Works,
within the Platinum Triangle, which encompass
Streets and Sanitation Division
area(s) where OCSD will be upsizing trunk lines
and/or are making other improvements, the City
Orange
and/or property owner shall coordinate with OCSD
County Sanitation District
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
77
In accordance with the timing required by the
(MM 2 -5)
Traffic and Transportation Manager, but no later
than prior to the first final Building and Zoning
Public Works Department,
inspection, the property owner /developer shall
Traffic and Transportation
implement the following measures to reduce long-
Division
term operational CO, NO ROG, and PM
emissions:
Traffic lane improvements and signalization as
outlined in the Revised Platinum Triangle
Expansion Project Draft Traffic Study Report,
Parsons Brinckerhoff, August 2010 and Master
Plan of Arterial Highways (MPAH) shall be
implemented as required by the Traffic and
Transportation Manager.
The property owner /contractor shall place bus
benches and /or shelters as required by the
Traffic and Transportation Manager at
locations along any site frontage routes as
needed.
The property owner /developer shall submit
78
evidence to the satisfaction of the Planning
Planning Department, Building
(MM 5 -3)
Director that occupancy disclosure notices
Division
regarding potential for exterior noise levels to be
elevated during a stadium event will be provided
to all future tenants in the Stadium District.
79
The property owner /developer shall submit
(MM 5 -4)
evidence to the satisfaction of the Planning
Planning Department, Building
Director that occupancy disclosure notices
Division
regarding potential for exterior noise levels to be
elevated during Stadium nearby venue events.
80
A parking management plan shall be submitted for
Planning Department,
Exhibit "B"
Page 29 of 33
Exhibit "B"
Page 30 of 33
review and approval by the City Engineer prior to
Planning Division
the project receiving a certificate of occupancy.
Public Works Department,
Traffic and Transportation
Division
81
That prior to final building and zoning inspection,
fire lanes shall be posted with "No Parking Any
Public Works Department,
Time." Said information shall be specifically
Traffic and Transportation
shown on plans submitted for building permits.
Division
82
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
Public Works Department,
Site Plan, said streets shall be posted with "No
Traffic and Transportation
Stopping Any Time" signs and associated red
Division
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.
83
That prior to final building and zoning inspections,
the developer shall install accessible curb access
Public Works Department,
ramps with truncated domes at the intersection of
Development Services Division
collector street "A" at the parking garage access,
in conformance with Public Works Standard
Detail 111 -3.
84
Prior to release of posted securities, the public
improvements shall be constructed by the
Public Works Department,
developer and accepted by Construction Services
Development Services Division
prior to final zoning and building inspections.
85
If required, prior to connection of electrical
service, the legal owner shall provide to the City
Public Utilities,
of Anaheim a Public Utilities easement with
Electrical Engineering Division
dimensions as shown on the approved utility
service plan.
Exhibit "B"
Page 30 of 33
86
That prior to final building and zoning inspections,
Public Works Department,
the developer shall improve the streets as follows:
Development Services Division
1) improve Katella Avenue within the Platinum
Vista project frontage per the Platinum Triangle
Implementation Master Plan or as approved by the
City Engineer, 2) improve the interior collector
streets "A" per the Connector and Collector Streets
requirements of the Platinum Triangle Master
Land Use Plan and the Platinum Triangle
Implementation Plan. Install a temporary turn-
around at the north terminus of Street "A" as
required by the City Engineer and the Fire
Department.
87
Prior to connection of electrical service, the legal
Public Utilities,
owner shall submit payment to the City of
Electrical Engineering Division
Anaheim for service connection fees.
PRIOR TO FINAL MAP APPROVAL
88
The vehicular access rights to Katella Avenue shall
Public Works Department,
be released and relinquished to the City of
Development Services Division
Anaheim.
89
The vehicular access rights to connector public road
Public Works Department,
STREET "A" and STREET "B ", except at the
Development Services Division
private street openings, shall be released and
relinquished to the City of Anaheim.
90
The property owner /developer shall irrevocably
offer for dedication (with subordination of
easements), including necessary construction
Public Works Department,
easements, 1) the ultimate arterial highway
Development Services Division
right(s) -of -way adjacent to their property ( Katella
Avenue) as shown in the Platinum Triangle
Implementation Plan or as approved by the City
Engineer, and 2) the ultimate right -of -way for the
interior collector streets "A" and `B" per the
Connector and Collector Streets requirements of
the Platinum Triangle Master Land Use Plan,
regardless of the level of impacts generated by the
project.
91
A maintenance covenant shall be submitted to the
Subdivision Section and approved by the City
Public Works Department,
Attorney's office. The covenant shall include
Development Services Division
provisions for maintenance of private facilities such
as private sewer, concrete paver covered street
sections, private storm drain improvements,
Exhibit "B"
Page 31 of 33
Exhibit "B"
Page 32 of 33
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, 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.
92
The legal property owner shall execute a
Public Works Department,
Subdivision Agreement, in a form approved by the
Development Services Division
City Attorney, to complete the required public
improvements at the legal property owner's
expense. Said agreement shall be submitted to the
Public Works Department, Subdivision Section
approved by the City Attorney and City Engineer.
In lieu of a Subdivision Agreement, an amended
Development Agreement can be utilized to satisfy
this condition of approval if the required terms are
included therein.
GENERAL
93
Ongoing during project operation, if the Anaheim
Police Department
(MM7 -6)
Police Department of Anaheim Traffic
Traffic Management
Management Center (TMC) personnel are required
to provide temporary traffic control services for
Public Works,
the project, the property owner /developer shall
Development Services Division
reimburse the City, on a fair share basis, if
applicable, for reasonable costs associated with
such services
94
Ongoing during project operations, the following
Public Works Department,
(MM10 -19)
practices shall be implemented, as feasible, by the
property owner /developer:
Streets and Sanitation Division
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.
Exhibit "B"
Page 32 of 33
95
Ongoing during business operations and in
Public Utilities,
accordance with the Development Requirements
Water Planning & Resources
and Maintenance Obligations, OWNER shall be
responsible for restoring any special surface
improvements other than asphalt paving within the
right -of -way, City water easements, Public Utility
easements, private roads, alleys and driveways,
including but not limited to colored concrete,
stamped concrete, bricks, pavers, concrete, walls,
or landscaping that becomes damaged during any
excavation, repair or replacement of any City
water facility. Provisions for maintenance of all
said special surface improvements shall be
included in the recorded Master C, C & R's for the
project.
96
The Planning Director has the authority to grant
the modification of the timing of any of the
conditions of approval, provided said modification
Planning Department,
does not result in any increase in environmental
Planning Division
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.
97
The subject property shall be developed
substantially in accordance with plans and
Planning Department,
specifications submitted to the City of Anaheim by
Planning Division
the petitioner and which plans are on file and as
conditioned herein.
Exhibit "B"
Page 33 of 33