RES-2015-269RESOLUTION NO. 2015-269
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING A FINAL SITE PLAN FOR
DEVELOPMENT AREA 'A' OF THE MASTER SITE PLAN
APPROVED IN CONNECTION WITH THAT CERTAIN
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
NO. 2005-00008C.
(FINAL SITE PLAN NO. 2014-00002)
(DEV2013-00034A)
WHEREAS, the Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 and State Route 57 ("SR -57 Freeway") freeways in the City of
Anaheim, County of Orange, State of California, generally east of the Interstate 5 Freeway, west
of the Santa Ana River channel and the SR -57 Freeway, south of the Southern California Edison
easement, and north of the Anaheim City limit. The Platinum Triangle encompasses the Angel
Stadium, the Honda Center, the City National Grove of Anaheim, the Anaheim Regional
Transportation Intermodal Center ("ARTIC"), and surrounding residential and mixed use
development, light industrial buildings, industrial parks, distribution facilities, offices, hotels,
restaurants, and retail development; and
WHEREAS, since 1996, the City Council of the City of Anaheim ("City Council") has
approved several actions relating to the area encompassed by the Platinum Triangle; and
WHEREAS, on May 30, 1996, the City Council certified Final Environmental Impact
Report No. 320 and adopted Area Development Plan No. 120 for that portion of the Angel
Stadium property associated with the Sportstown Development. Area Development Plan No.
120 entitled a total of 119,543 seats for new and/or renovated stadiums, 750,000 square feet of
urban entertainment/retail uses, a 500 -room. hotel (550,000 square feet), a 150,000 -square -foot
exhibition center, 250,000 square feet of office development, and 15,570 on-site parking spaces.
The Grove of Anaheim, the Angel Stadium and the Stadium Gateway Office Building were
either developed or renovated under Area Development Plan No. 120; and
WHEREAS, on March 2, 1999, the City Council adopted the Anaheim Stadium Area
Master Land Use Plan ("MLUP"). The boundaries of the MLUP were generally the same as
those for the Platinum Triangle, with the exception that the MLUP included 15 acres adjacent to
the Interstate 5 freeway that are not a part of the current Platinum Triangle boundaries. As part
of the approval process for the MLUP, the City Council also certified Final Environmental
Impact Report No. 321 and adopted Mitigation Monitoring Program No. 106. Development
within the boundaries of the MLUP was implemented through the Sports Entertainment Overlay
Zone ("SE Overlay Zone"), which permitted current uses to continue or expand within the
provisions of the existing zoning, while providing those who may want to develop sports,
entertainment, retail, and office uses with standards appropriate to those uses, including
increased land use intensity. Implementation of the SE Overlay Zone was projected to result in a
net loss of 491,303 square feet of industrial space and increases of 1,871,285 square feet of new
office space, 452,026 square feet of new retail space, and 991,603 square feet of new hotel space.
Projects that were developed under the SE Overlay Zone included the Ayers Hotel, the Arena
Corporate Center, and the Westwood School of Technology; and
WHEREAS, on May 25, 2004, the City Council approved a comprehensive citywide
General Plan and Zoning Code Update, which included a new vision for the Platinum Triangle.
The General Plan Update (known as "General Plan Amendment No. 2004-00419") changed the
General Plan designations within the Platinum Triangle from Commercial Recreation and
Business Office/Mixed Use/Industrial to Mixed -Use, Office -High, Office -Low, Industrial, Open
Space and Institutional to provide opportunities for existing uses to transition to mixed-use,
residential, office, and commercial uses. The General Plan Update also established the overall
maximum development intensities for the Platinum Triangle, which permitted up to 9,175
dwelling units, 5,000,000 square feet of office space, 2,044,300 square feet of commercial uses,
industrial development at a maximum floor area ratio ("FAR") of 0.50, and institutional
development at a maximum FAR of 3.0. In addition, the square footage/seats allocated to the
existing Honda Center and all of the development intensity entitled by Area Development Plan
No. 120 was incorporated into the Platinum Triangle Mixed -Use land use designation. Final
Environmental Impact Report No. 330 ("FEIR No. 330"), which was prepared for the General
Plan and Zoning Code Update and associated actions, analyzed the aforementioned development
intensities on a City-wide impact level and adopted mitigation monitoring programs, including
that certain Updated and Modified Mitigation Monitoring Plan No. 106 for the Platinum
Triangle; and
WHEREAS, on August 17, 2004 and in order to provide the implementation tools
necessary to realize the City's new vision for the Platinum Triangle, the City Council replaced
the MLUP with the Platinum Triangle Master Land Use Plan (the "PTMLUP"), replaced the SE
Overlay Zone with the Platinum Triangle Mixed Use Overlay Zone ("PTMU Overlay Zone"),
approved the form of a Standardized Platinum Triangle Development Agreement, and approved
associated zoning reclassifications. Under those updated zoning regulations, property owners
desiring to develop under the PTMU Overlay Zone provisions were thereafter required to enter
into a standardized Development Agreement with the City of Anaheim; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent
Environmental Impact Report No. 332 ("FSEIR No. 332"), adopted a Statement of Findings of
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A to provide for the implementation of the PTMLUP, in
conjunction with its consideration and approval of General Plan Amendment No. 2004-00420,
Miscellaneous Case No. 2005-00089 and Zoning Code Amendment No. 2004-00036, which
collectively allowed for an increase in the allowable development intensities within the Platinum
Triangle to 9,500 residential units, 5,000,000 square feet of office uses, and 2,254,400 square
feet of commercial uses; and
WHEREAS, also on October 25, 2005 and in response to the application of Lennar
Platinum Triangle, LLC ("Original Developer"), Don H. Watson, Trustee of the Don H. Watson
Family Trust, Julius Realty Corporation, Traffic Control Services, Inc., Joselito D. Ong and
Renee Dee Ong, Roger C. Treichler and Vicki Treichler, as Co -Trustees of the Treichler Family
Trust, the Robert Stovall Family Partnership, L.P. and Jennifer Leonard and Linda Gaffney, as
tenants in common (collectively referred to herein, along with the Original Developer, as the
"Original Owner") for entitlements allowing for the development of up to 2,681 residences with
a mix of housing types, including high rise residential towers, street townbomes, podium
townhomes and lofts, with 150,000 square feet of street -related retail commercial development,
public park space and associated infrastructure to be developed in four phases (the "Original
Project") on certain real property consisting of approximately 43 acres and bounded by State
College Boulevard on the east, Gene Autry Way on the south, and Katella Avenue on the north
(the "Property"), the City Council determined that FSEIR No. 332, a revision to the Updated and
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Modified Mitigation Monitoring Program No. 106A to add new mitigation measure MM 5.10-7
thereto, and an Addendum to FSEIR No. 332, together with Mitigation Monitoring Plan No. 138,
were, collectively, adequate to serve as the required environmental documentation for the
Original Project and that no further enviromnental documentation needed to be prepared for the
Original Project and the "Original Development Approvals" (as defined below) for the Original
Project. The Property is generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference; and
WHEREAS, the entitlements for the Original Project consisted of (1) General Plan
Amendment No. 2005-00434, to amend Figure LU -4 of the Land Use Element of the General
Plan to re -designate an approximately 10.4 -acre site from the "Office -High" land use designation
to the "Mixed -Use" land use designation; (2) Miscellaneous Case No. 2005-00111 to amend the
PTMLUP to incorporate an approximately 10.4 -acre site into the Katella District of the PTMU
Overlay Zone; (3) Miscellaneous Case No. 2005-00116 to rescind, in part, City Council
Resolution No. 2004-00008 pertaining to Reclassification No. 2004-00127; (4) Reclassification
No. 2005-00164, to reclassify an approximately 10.4 -acre site from the "I" Industrial Zone to the
PTMU Overlay Zone, meaning that the provisions of the PTMU Overlay Zone shall apply to the
Property in addition to and, where inconsistent therewith, shall supersede any regulations of the
"I" Industrial Zone; (5) Zoning Code Amendment No. 2005-00042, to incorporate an
approximately 10.4 -acre site into the Platinum Triangle; (5) Conditional Use Pen -nit No. 2005-
04999, permitting residential tower structures up to 400 feet in height on a portion of the
Property; (6) Development Agreement No. 2005-0008; and (7) Tentative Tract Map No. 16859
for condominium purposes (collectively, the "Original Development Approvals"); and
WHEREAS, on October 25, 2005, the City Council approved the Original Development
Approvals for the Original Project; thereafter, the City and the Original Owner entered into the
Original Development Agreement on or about November 8, 2005, which was recorded in the
Official Records of the County of Orange on December 13, 2005 as Instrument No.
2005000992876 (the "Original Development Agreement"); and
WHEREAS, in reliance on the Original Development Approvals, the Original Developer
constructed certain improvements on and about the Property in accordance with the design of
Tract Map No. 16859; and
WHEREAS, following the certification of FSEIR No. 332, the City Council approved
two addenda to FSEIR No. 332 in conjunction with requests to increase the Platinum Triangle
intensity by 67 residential units, 55,550 square feet of office development, and 10,000 square
feet of commercial uses. A project Environmental Impact Report was also approved to increase
the allowable development intensities by an additional 699 residential units to bring the total
allowable development intensity within the Platinum Triangle up to 10,266 residential units,
5,055,550 square feet of office uses, and 2,264,400 square feet of commercial uses; and
WHEREAS, on February 13, 2007, the City embarked upon a process to amend the
General Plan, the PTMLUP, the PTMU Overlay Zone, the Platinum Triangle Standardized
Development Agreement, and related zoning reclassifieations to increase the allowable
development intensities within the Platinum Triangle to up to 18,363 residential units, 5,657,847
square feet of commercial uses, 16,819,015 square feet of office uses, and 1,500,000 square feet
of institutional uses (the "Platinum Triangle Expansion Project"); and
WHEREAS, on December 11, 2007, the City Council certified Final Subsequent
Environmental Impact Report No. 334 ("FSEIR No. 334") adopting a Statement of Findings of
-3-
Fact, a Statement of Overriding Considerations, and the Updated and Modified Mitigation
Monitoring Program No. 106A in conjunction with its consideration and approval of General
Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code
Amendment No. 2004-00036, and a series of other related actions in order to provide for the
implementation of the PTMLUP and approval of the Platinum Triangle Expansion Project; and
WHEREAS, a lawsuit was filed challenging the adequacy of FSEIR No. 334. The City
Council thereafter repealed the approval of the Platinum Triangle Expansion Project, including
FSEIR No. 334 and various related actions, and directed staff to prepare a new Subsequent
Environmental Impact Report for the Platinum Triangle Expansion Project; and
WHEREAS, the Developer's request for an amendment to the Original Development
Agreement to extend the term for an initial period of five (5) years to an initial period of ten (10)
years and for revisions to the "Tenn Extension Milestones" was approved by the City Council on
December 16, 2008. Accordingly, on or about January 21, 2009, the City and Developer entered
into that certain Amendment No. I to the Original Development Agreement, which was recorded
in the Official Records on February 23, 2009 as Instrument No. 20090000811.75 ("Amendment
No. I"); and
WHEREAS, the Original Development Agreement and Amendment No. I shall be
referred to herein collectively as the "Existing Development Agreement"; and
WHEREAS, the Existing Development Agreement and the Original Development
Approvals shall be referred to herein collectively as the "Existing Entitlements"; and
WHEREAS, on or about October 26, 2010, the City Council approved the Revised
Platinum Triangle Expansion Project, which included amendments to the General Plan ("General
Plan Amendment No. 2008-00471 "), the PTMLUP ("Miscellaneous Case No. 2007-00188"), the
PTMU Overlay Zone, and related zoning reclassifications to increase the allowable development
intensities within the PTMU Overlay Zone from 10,266 residential units up to 18,909 residential
units, 14,340,522 square feet of office uses, 4,909,682 square feet of commercial uses, and
1,500,000 square feet of institutional uses. Before approving said amendments and zoning
reclassifications, the City Council approved and certified the "Revised Platinum Triangle
Expansion Project Subsequent Environmental Impact Report No. 339" for the Revised Platinum
Triangle Expansion Project, including Updated and Modified Mitigation Monitoring Plan No.
106C (collectively referred to herein as "FSEIR No. 339"); and
WHEREAS, Addendum No. I to FSEIR No. 339, dated April 17, 2012 ("Addendum No.
V), was prepared and considered by the City Council in connection with the Katella Avenue/1-5
Undercrossing Improvements project because none of the conditions described in Section 15162
of the State of California Guidelines for Implementation of the California Environmental Quality
Act ("State CEQA Guidelines") calling for the preparation of a subsequent environmental impact
report had occurred; and
WHEREAS, on December 18, 2012, the City Council approved amendments to the
General Plan ("General Plan Amendment No. 2012-00486"), the PTMLUP ("Miscellaneous Case
No. 2012-00559"), and the PTMU Overlay Zone ("Zoning Code Amendment No. 2012-00107")
to increase the number of dwelling units and reduce the amount of office and commercial
development allowed within the "Mixed -Use" land use designation of the Platinum Triangle and
to amend various Elements of the General Plan to include the addition of a public park; and
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WHEREAS, Addendum No. 2 to FSEIR No. 339, dated December 3, 2012 ("Addendum
No. 2"), was prepared and considered by the City Council in connection with proposed revisions
to a master planned mixed-use project on a 7.01 -acre (approximate) parcel commonly known as
905-917 East Katella Avenue to allow the development of 399 dwelling -units (the "Platinum
Gateway Project"); and
WHEREAS, Addendum No. 3 to FSEIR No. 339, dated August 2014 ("Addendum No.
3"), was prepared and considered by the City Council in connection with proposed revisions to a
master planned mixed-use project on a 4.13 -acre (approximate) parcel commonly known as
1005-11105 East Katella Avenue to increase the allowable number of residential dwelling units
from 350 to 389 (the "Platinum Vista Project"). On October 21, 2014, the Anaheim City Council
adopted General Plan Amendment No. 2014-00495 to permit the increase in the number of
dwelling units for the Platinum Vista Project. Thereafter, to be consistent with General Plan
Amendment No. 2014-00495, the Anaheim City Council adopted its Ordinance No. 6309 on
November 18, 2014, which had the effect of increasing the maximum square footage for
commercial uses within the Katella District of the PTMU Overlay Zone to 634,643 square feet,
resulting in an aggregate increase in the square footage for commercial uses within the PTMU
Overlay Zone to 4,795,111. Ordinance No. 6309 also had the effect of increasing the maximum
number of housing units within the PTMU Overlay Zone to 18,999. However, to correct clerical
errors subsequently discovered in the tabulation of those density numbers in Ordinance No.
6309, the Anaheim City Council adopted its Ordinance No. 6319 on April 7, 2015. Ordinance
No. 6319 had the effect of establishing (1) the maximum square footage for commercial uses
within the Katella District as 658,043 square feet, (2) the maximum square footage for
commercial uses within the PTMU Overlay Zone, as a whole, as 4,735,111, and (3) the
maximum number of housing units within the PTMU Overlay Zone as 19,027; and
WHEREAS, subsequent to recordation of Amendment No. 1, fee title interest in the
Property was transferred, and the Existing Development Agreement was assigned, to PT Metro,
LLC, a Delaware limited liability company (hereinafter referred to as the "Owner"); and
WHEREAS.
, pursuant to Section 19 of the Original Development Agreement and Chapter
18.60 of the Anaheim Municipal Code, the City of Anaheim received a verified petition from the
Owner for approval of the following entitlements, which are intended to modify the site design
and product type of the Original Project, consisting of development of a minimum of 1,400 and a
maximum of 1,746 residential dwelling units, a Public Park and Public Linear Park consisting of
approximately 1.8 acres, and a minimum of 38,000 gross floor area of commercial/retail
development to replace the Existing Entitlements (except that Tentative Tract Map No. 17703 is
not meant to replace that portion of Tract 16859 which is not being re -subdivided by proposed
Tentative Tract Map No. 17703 but which will be subject to the revised Master Site Plan) (the
"Revised Project"):
1. An amendment to the General Plan to reflect the relocation of the
public park ("General Plan Amendment No. 2013-00490") from the location that
was described in the Master Site Plan attached to the Existing Development
Agreement;
2. An amendment to the Platinum Triangle Master Land Use Plan to,
among other things, reconfigure the Property's circulation system, street types and
street -section design based on a new Master Site Plan for the Revised Project, to
reflect modified ground floor commercial/retail use locations within Development
Areas B and C of the new Master Site Plan, and to delete Appendix F (A -Town
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Metro Public Realm Landscape and Identity Program) ("Miscellaneous Case No.
2015-00598");
3. An amendment to the PTMU Overlay Zone to make the Zoning Code
consistent with General Plan Amendment No. 2013-00490, as adopted ("Zoning
Code Amendment No. 2013-00112") to modify the requirement for ground floor
commercial uses on Market Street and to clarify that ground floor commercial
uses are required on Gene Autry Way east of Union Street;
4. Tentative Tract Map No. 17703 for condominium purposes to re -
subdivide approximately 36.7 acres of the project site (excludes a portion of
Westside Drive and Development Area A of the proposed new Master Site Plan,
formerly Development Areas J and 0 of the approved Master Site Plan or Lots I
and I1 of Trait 16859) into lots which correspond with the Development Areas
and recreation areas (Public Park and Public Linear Park) established by the
proposed new Master Site Plan;
5. Amended and Restated Development Agreement No. 2005-00008C to
amend and restate the Existing Development Agreement in its entirety in order to
provide for the development of the Project and certain vested development rights
in connection therewith; and
5. A proposed new Master Site Plan for the Property to reconfigure the
Revised Project's land use and circulation plan to provide flexible Development
Areas, relocation of two public parks, and to revise the approved circulation
system in order to provide an east-west/north-south grid street system to be
compatible with existing market demands and economic conditions while still
providing an urban development consistent with the goals, principles and design
guidelines of the PTMLUP; and
WHEREAS, the City of Anaheim also received a verified petition from the Owner to
approve proposed Final Site Plan No. 2014-00002 to construct a 400 -unit apartment project with
a 6 -story parking structure in Development Area "A" of the proposed Master Site Plan (i.e., Lots
I and 11 of Tract 16859). The Development Area "A" is depicted on the map attached hereto as
Exhibit A; and
WHEREAS, Section 18.20.200 (Implementation) of Chapter 18.20 (Platinum Triangle
Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code requires Final Site Plans to
be reviewed and approved by the Planning Commission at a noticed public hearing to ensure
conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master
Land Use Plan prior to issuance of building permits; and
WHEREAS, when Section 18.60.150 (Scope of Review) of Chapter 18.60 (Procedures)
of the Anaheim Municipal Code provides that, when multiple discretionary land use applications
are submitted for concurrent Planning commission review and approval, and one or more of such
applications requires City Council review and approval in conjunction with a noticed public
hearing, all such applications shall be subject to full review and approval by the City Council as
the granting authority; and
WHEREAS, since proposed General Plan Amendment No. 2013-00490, Zoning Code
Amendment No. 2013-00112, Miscellaneous Case No. 2015-00598 and Amended and Restated
Development Agreement No. 2005-00008C requires City Council review and approval, the City
Council, rather than the Planning Commission, is the granting authority for proposed Final Site
Plan No. 2014-00002; and
WHEREAS, General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-
00598, Zoning Code Amendment No. 2013-00112, Amended and Restated Development
Agreement No. 2005-00008C, the proposed new Master Site Plan, Tentative Tract Map No.
17703, and Final Site Plan No. 2014-00002 shall be referred to herein collectively as the
"Proposed New Entitlements"; and
WHEREAS, in connection with the Proposed New Entitlements, Addendum No. 4 to
FSEIR No. 339, dated June 2015 ("Addendum No. 4"), a copy of which is on file in the Planning
Department and incorporated herein by this reference as though fully set forth, has been prepared
in order to determine whether any significant environmental impacts which were not identified in
the previously -approved FSEIR No. 339 would result or whether previously identified significant
impacts would be substantially more severe. FSEIR No. 339, Addendum No. 1, Addendum No.
2, Addendum No. 3 and Addendum No. 4, together with Mitigation Monitoring Program 106C
approved in conjunction with FSEIR No. 339, and Mitigation Monitoring Plan No. 321 for the
Revised Project collectively constitute the environmental documentation -under and pursuant to
the California Environmental Quality Act of 1970, as amended ("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
relating to the Proposed New Entitlements and the Revised Project and shall be referred to herein
collectively as the "CEQA Documents"; and
WHEREAS, on September 9, 2015, the Plaiming Commission did hold a public hearing,
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, to hear and consider evidence and testimony for and
against the Proposed New Entitlements (including proposed Final Site Plan No. 2014-00002) and
the Revised Project and to investigate and make findings in connection therewith; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the Planning Commission considered all
factors relating to the Proposed New Entitlements and the Revised Project, including Addendum
No. 4, together with the other CEQA Documents, and did adopt its Resolution No. PC2015-065
containing a report of its findings, a summary of the evidence presented at said hearing, and
finding and determining and also recommending that this City Council so find and determine that
(i) Addendum No. 4, together with the other CEQA Documents, satisfy all of the requirements of
CEQA and are adequate to serve as the required environmental documentation for the Proposed
New Entitlements and the Revised 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 Project; and (iii) no further environmental documentation needs to be prepared under
CEQA for the Proposed New Entitlements and the Revised Project; and
WHEREAS, by the adoption of its Resolution No. PC2015-071 on September 9, 2015,
the Planning Commission recommended that the City Council approve proposed Final Site Plan
No. 2014-00002 in the form presented at this hearing; and
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2015-065,
PC2015-066, PC2015-067, PC2015-068, PC2015-069, PC2015-070 and PC2015-071, summary
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of evidence, report of findings and recommendations of the Planning Commission, the City
Council did fix the 6t' day of October, 2015, as the time, and the City Council Chamber in the
Civic Center, as the place, for a public hearing on the Proposed New Entitlements and the
Revised Project and for the purpose of considering Addendum No. 4, together with the other
CEQA Documents, and did give notice thereof in the manner and as provided by law; 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 CEQA, the State CEQA Guidelines,
and the City's Local CEQA Procedure Manual, this City Council has found and determined the
following:
1. That Addendum No. 4 together with the other CEQA Documents
collectively constitute the environmental documentation under and pursuant to
CEQA relating to the Proposed New Entitlements and the Revised Project; and
2. That, pursuant to the findings contained in said concurrent resolution,
the CEQA Documents satisfy all of the requirements of CEQA and are adequate
to serve as the required environmental documentation for the Proposed New
Entitlements and the Revised Project and, together with Mitigation Monitoring
Program No. 321 for the Revised Project, should be approved and adopted; and
3. That no further environmental documentation needs to be prepared
under CEQA for the Proposed New Entitlements and the Revised Project.
WHEREAS, after careful consideration of proposed Final Site Plan No. 2014-00002 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, subject to compliance with the
conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this
reference, proposed Final Site Plan No. 2014-00002, in the form presented at this meeting,
including its design and layout, complies with the provisions of the PTMU Overlay Zone, as
amended by Zoning Code Amendment No. 2013-00112, as introduced at the meeting at which
this Resolution is adopted provided the same is subsequently adopted, and the Platinum Triangle
Master Land Use Plan, as amended by Miscellaneous Case No. 2015-00598; and
WHEREAS, the City Council 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 City Council 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, pursuant to the above findings and based
upon a thorough review of proposed Final Site Plan No. 2014-00002, Addendum No. 4, the other
CEQA Documents, and the evidence received to date, does hereby approve Final Site Plan No.
2014-00002, in the form presented at the meeting at which this Resolution is adopted, contingent
upon and subject to the approval of (1) the other Proposed New Entitlements, specifically
General Plan Amendment No. 2013-00490, Miscellaneous Case No. 2015-00598, Zoning Code
Amendment No. 2013-00112, Amended and Restated Development Agreement No. 2005-
-8-
00008C, the proposed new Master Site Plan, and Tentative Tract Map No. 17703, (2) the
mitigation measures set forth in Mitigation Monitoring Program 106C approved in conjunction
with FSEIR No. 339 and Mitigation Monitoring Plan No. 321 for the Revised Project; and (3) the
conditions of approval set forth in Exhibit B 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 the City Council does hereby find and determine that
adoption of this Resolution is expressly predicated upon compliance with each and all of the
conditions set forth in a separate resolution of this City Council adopted substantially
concurrently with this Resolution relating to the proposed Amended and Restated Development
Agreement No. 2005-00008C. 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 is approved and adopted by the City Council of the
City of Anaheim this 6tBlay of October , 2015, by the following roll call vote:
Mayor Pro Tem Kring and Council Members Murray, Brandman
AYES: and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: Mayor Tait
CITY OF ANAHEIM
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MAYOR OF THE CITY OF ANAHEIM
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CITY CLERK OF THE CITY OF NAHEIM
112377/TJR
EXHIBIT "A"
DEV NO. 2013-00034A
Final Site Plan 2014-00002
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EXHIBIT "B"
CONDITIONS OF APPROVAL FOR FINAL SITE PLAN PLAN NO. 2014-00002
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO GRADING PLANAPPROV.AL
I
Prior to grading plan approval, the water quality management plan
Public Works
shall address the following items:
Department,
• The WQMP shall include additional information such as soils
Development
analysis, prior contanunation, depth to groundwater, etc. to
Services
determine the acceptability and capability of this site to use
Division
infiltration.
• The criteria identified in the DAMP in order to allow
infiltration to occur on a site must be evaluated and deemed
adequate for the determination to be made to infiltrate onsite.
• The applicant shall obtain approval for infiltration from the
City and from the Orange County Water District. The City
will coordinate the review of this proposed infiltration system
to obtain comments.
• The WQMP and grading plans shall show that flows are
conveyed to the infiltration areas.
• The WQMP shall show the required pretreatment for any
focused infiltration. The pretreatment system may be
landscape swales, filter strips or bio -retention areas (rain
gardens), prior to reaching the infiltration system.
2
Prior to grading plan approval, the applicant shall submit a Drainage
Public Works
Study prepared by a registered professional Civil Engineer in the
Department,
State of California. The Study shall be based upon and reference the
Development
latest edition of the Orange County Hydrology Manual and the
Services
applicable City of Anaheim Master Plan of Drainage for the project
Division
area. All drainage sub -area boundaries per the Master Plan for
Drainage shall be maintained. The Study shall include: an analysis of
10-, 25- and 100 -year storm frequencies; an analysis of all drainage
impacts to the existing storm drain system based upon the ultimate
project build -out condition; and address whether off-site and/ or on-
site drainage improvements (such as detention/ retention basins or
surface runoff reduction) will be required to prevent downstream
properties from becoming flooded.
PRIOR TO ISSUANCE OF GRADING PERMITS
3
That prior to the issuance of the first grading permit for the Master
Public Works
Final Tract Map and for each Final Site Plan, the property
Department,
owner/developer shall submit a Water Quality Management Plan to
Development
the Public Works Department Development Services Division for
Services
review and approval that:
Division
(a) Addresses Site Design Best Management Practices (BMP's)
such as minimizing impervious areas, maximizing
NO.
CONDITIONS OF APPROVAL
REVIEW
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permeability, minimizing directly connected impervious
areas, creating reduced or "zero discharge" areas, and
conserving natural areas;
(b) Incorporates the applicable Routine Source Control BMP's
as defined in the Drainage Area Management Plan;
(c) Incorporates Treatment Control BMP's as defined in the
DAMP;
(d) Describes the long-term operation and maintenance
requirements for the Treatment Control BMP's;
(e) Identifies the entity that will be responsible for long-term
operation and maintenance of the Treatment Control BMP's,
and describes the mechanism for funding the long-tenn
operation and maintenance of the Treatment Control BMP's;
and
(f) Ensures implementation of the Water Quality Management
Plan during on-going grading operations.
4
The developer shall improve the downstream storm drain as
Public Works
detennined by the approved preliminary drainage report. The plans
Department,
for all required stone drain improvements shall be approved prior
Development
issuance of grading permits. All required storm drain improvements
Services
shall be operational prior to final building and zoning inspections.
Division
5
Prior to the approval of a mass or rough grading permit, portions of
Streets &
existing infrastructure to be replaced shall be demolished. The
Sanitation
property owner/developer shall obtain a demolition permit from the
Division /
Building Division of the Planning and Building Department. Plans
Public Work
submitted for the demolition permit shall include a demolition
recycling plan which has been reviewed and approved by the Public
Works Department, Streets and Sanitation Division. The demolition
recycling plan shall indicate type of material to be demolished,
anticipated tonnage diverted and anticipated tonnage landfilled. Inert
demolition material (dirt, concrete, masonry, asphalt, etc.) shall be
disposed of in an inert reclamation site, or diverted by other means
rather than landfilled.
PRIOR TO ISSUANCE OF B ULfD17VG PERMITS
6
That prior to issuance of a building permit for a Final Site Plan,
Public
easements shall be provided by the property owner/developer for
Utilities
surface mounted switches that are integral to electrical circuits to the
Department,
satisfaction of the Public Utilities Department. The property
Electrical
owner/developer shall install the duct bank, substructures and provide
Engineering
switch easements as the new streets are installed. The Public Utilities
Division
Department will specify the duct bank and easement configurations
when a load schedule is available. This information shall be
specifically shown on the street improvement plans submitted by the
property owner/developer. The backbone circuits will serve the
electrical systems required for the individual residential commercial
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
buildings.
7
Prior to issuance of a building permit for the first final site plan, the
Public
developer/owner shall submit a comprehensive utility layout plan
Utilities
showing all utilities including, but not limited to Water, Sewer, Storm
Department,
Drain, Electric, Gas, and etc. to Water Engineering for review and
Water
approval.
Engineering
Division
8
Plans shall show that all plumbing or other similar pipes and fixtures
Planning and
located on the exterior of the building shall be fully screened by
Building
architectural devices and/or appropriate building materials. Said
Department,
information shall be specifically shown on plans submitted for
Planning
building permits and implemented prior to the first final building and
Services
zoning inspection for each building.
Division
9
Plans shall indicate that assigned parking spaces shall be provided for
Planning and
each residential unit. Said information shall be specifically shown on
Building
plans submitted for building permits and evidence in the form of a
Department,
letter from the property owner/developer shall be provided to the
Planning
Planning Services Division of the Planning and Building Department
Services
showing implementation of this requirement prior to the first final
Division
building and zoning inspection for the parking structure.
10
Architectural plans shall show all air conditioning facilities and other
Planning and
roof -and ground -mounted equipment shall be properly shielded from
Building
view with roof plans, elevations, and with line -of -sight plans. Said
Department,
information shall be specifically shown on the plans submitted for
Planning
building permits and implemented prior to the first final building and
Services
zoning inspection for each building.
Division
11
Plans shall identify the location of a mail delivery parking stall and
Planning and
indicate that the stall shall be posted with a sign that indicates it is a
Building
reserved space for mail delivery. Said information shall be
Department,
specifically shown on plans submitted for building pen -nits and said
Planning
parking space and sign shall be installed prior to the first final
Services
building and zoning inspection for each Final Site Plan.
Division
12
Plans shall indicate that above -ground utility devices are located on
Public
private property and outside any required setback areas adjacent to
Utilities
arterial highways or connector streets. Prior to the issuance of the
Department
first building permit for the approved Final Site Plan, the above-
ground utility devices shall be specifically shown on construction
plans in locations substantially in accordance with the approved Final
Site Plan.
13
Plans shall show that 4 -foot -high address numbers shall be displayed
Police
on the roof of each building in a contrasting color to the roof material.
Department
Said numbers shall not be visible from view of the street or adjacent
properties. Said information shall be subject to the review and
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CONDITIONS OF APPROVAL
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approval of the Police Department and the Planning Services
Division of the Planning and Building Department. Said numbers
shall be provided prior to the first final building and zoning
inspection for each building.
14
Plans shall indicate that a minimum horizontal clearance of 18 feet or
Public Works
other clearance as determined acceptable by the Streets and
Department
Sanitation Division of the Public Works Department shall be
Streets &
provided and maintained on the ground floor parking structure to
Sanitation
allow access for the trash bin retrieval vehicle. A "No Parking
Division
Between the Hours of 7 A.M. and 5 P.M." sign shall be posted to
allow trash bin retrieval access. Said information shall be specifically
shown on plans submitted for building permits and the building
constructed with the approved clearance and the signs posted prior to
the first final building and zoning inspection for each podium
building.
15
Plans shall indicate that trash storage areas and trash chutes shall be
Public Works
provided and maintained in a location acceptable to the Public Works
Department
Department, Streets and Sanitation Division. Said information shall
Streets &
be specifically shown on plans submitted for building permits.
Sanitation
Division
16
Plans shall indicate that a separate 8' x 10' enclosed and secured
Public Works
bulky item storage area, located within 25' of the trash pick-up area,
Department
shall be provided and maintained, as required by the Public Works
Streets &
Department, Streets and Sanitation Division. Said information shall
Sanitation
be specifically shown on plans submitted for building permits.
Division
17
An on-site trash truck turnaround area shall be provided per
Public Works
Engineering Standard Detail No. 476 and maintained to the
Department
satisfaction of the Public Works Department, Streets and Sanitation
Streets &
Division. Said turnaround area shall be specifically shown plans
Sanitation
submitted for building permits.
Division
18
Plans shall show any proposed gates and shall demonstrate that gates
Public Works
shall not be installed across any driveway or private street in a
Department,
manner which may adversely affect vehicular traffic on the adjacent
Traffic
public street. The location of any proposed gates shall be subject to
Engineering
the review and approval of the City Traffic and Transportation
Division
Manager. The approved gate locations shall be specifically shown on
plans submitted for building permits and all gates shall be installed
prior to the first final building and zoning inspection for the parking
lot/parking structure.
19
Prior to issuance of a building permit for a Final Site Plan the
Public Works
location of security gates and vehicle tum -around lanes, and how they
Department,
will function shall be reviewed and approved by the City Traffic and
Traffic
Transportation Manager and the Fire Department.
Engineering
Division
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
20
Plans shall demonstrate that at -grade ducts and overhead pipes shall
Public Works
not encroach in the parking space area or required vehicle clearance
Department,
area in parking structures. Said information shall be specifically
Traffic
shown on plans submitted for building permits.
Engineering
Division
21
That prior to the issuance of a building permit for the First Final Site
Public
Plan, the property owner/developer shall submit engineering studies
Utilities
to size the water mains for ultimate development within the Master
Department,
Site Plan to the Water Engineering Division of the Public Utilities
Water
Department for review and approval by the General Manager, Public
Engineering
Utilities Department, or his authorized designee. The water system
Division
may be constructed incrementally, provided that said incremental
phasing is adequate to provide municipal and fire flow protection for
the proposed development phasing and the water facilities installed
under said incremental phasing are sized to provide the future
municipal demands and fire protection for any future
phasing/development that will ultimately be served by those water
facilities. The property owner/developer shall conform, with Rule
15A of the Water Utility's Rates, Rules and Regulations for all
parcels which have not yet paid the fee to provide the secondary
distribution system to serve their project. The property
owner/developer shall conform with Rule 15D of the Water Utility's
Rates, Rules and Regulations, which requires a Gross Floor Building
Area Fee be paid on a gross square foot basis for new residential,
commercial and office developments within the Platinum Triangle.
The property owner/developer shall abandon and remove the existing
previously installed public water facilities and install new public
water facilities per the direction and approval of the General
Manager, Public Utilities Department, or his authorized designee.
The cost for said removals and installations, including the cost of
design review, inspection and supervision by the Utility, shall be paid
directly by the property owner/developer. All public water facilities
shall be designed and constructed in accordance with the Water
Engineering Division's standards and specifications. A water
improvement (UWM) plan showing said improvements must be
submitted to the Water Engineering Division for review and approval.
22
That prior to issuance of a building permit for a Final Site Plan, the
Public
property owner/ developer shall submit plans demonstrating that all
Utilities
backflow equipment shall be located above ground outside of the
Department,
street setback area in a manner fully screened from all public streets
Water
and alleys in locations approved by the Water Engineering Division
Engineering
of the Public Utilities Department or as otherwise approved by the
Division
Planning and Building Department. Any backflow assemblies
currently installed in a vault shall be brought up to current standards.
Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division above ground and
NO•
CONDITIONS OF APPROVAL
REVIEW
SIGNED
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OFF BY
outside of the street setback area in a manner fully screened from all
public streets and alleys. Said information shall be specifically
shown on plans submitted for approval by the Water Engineering
Division of the Public Utilities Department.
23
The property owner shall identify easements for all large domestic
Public
above -ground water meters and fire hydrants, including a five (5)-
Utilities
foot wide easement around the fire hydrant and/or water meter pad;
Department,
and twenty (20) foot wide easements for all water service mains and
Water
service laterals all to the satisfaction of the Water Engineering
Engineering
Division. The easements shall be granted on the Water Engineering
Division
Division of the Public Utilities Department's standard water easement
deed. The easement deeds shall include language that requires the
property owner to be responsible for restoring any special surface
improvements, other than asphalt paving, including but not limited to
colored concrete, bricks, pavers, stamped concrete, decorative
hardscape, walls or landscaping that becomes damaged during any
excavation, repair or replacement of City owned water facilities.
Provisions for the repair, replacement and maintenance of all surface
improvements other than asphalt paving shall be the responsibility of
the property owner and included and recorded in the CC&Rs for the
Development Area. Said easements shall be irrevocably offered for
dedication to the City of Anaheim prior to issuance of the first
building permit for the Final Site Plan, the first builder final tract or
parcel map, or approval of the water improvement (UWM) plan.
24
Prior to the issuance of a building pen -nit for Development Area A, a
Public Works
Lot Line Adjustment shall be recorded to merge Lots I and 11 of
Department,
Tract Map No. 16859 and the abandonment and rededication of
Development
Westside Drive shall be submitted to the City of Anaheim for
Services
approval and recorded.
Division
25
Prior to the approval of each street improvement plan for the
Planning and
connector streets within the project boundary, the property
Building
owner/developer shall submit production landscape plans for the
Department,
street parkways designed in conformance with the approved
Planning
Landscape Plans of the Master Site Plan exhibits and Section 4 of the
Services
Platinum Triangle Master Land Use Plan (PTMLUP).
Division
26
Prior to the issuance of the first building permit associated with the
Planning and
approved Final Site Plan for each Development Area, all units shall
Building
be assigned street addresses by the Building Division of the Planning
Department,
and Building Department. Street names for any new public or private
Planning
street (if requested by the property owner/developer or required by
Services
the City) shall be submitted to and approved by the Building
Division
Division.
27
That prior to the issuance of the first building permit for each Final
Planning and
Site Plan, plans shall show that visitor parking spaces shall be posted
Building
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CONDITIONS OF APPROVAL
REVIEW
BY
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"No Overnight Parking, Except by Permission of the Management".
Department,
Said signs shall be installed prior to the first final building and zoning
Planning
inspection for the parking structure and/or parking lot.
Services
Division
28
Prior to the issuance of the first building pen -nit for each Final Site
Planning and
Plan, plans shall show that satellite or other cable/transmission
Building
television wiring (concealed from outside the building) shall be
Department,
provided to each unit and a note shall be added to the construction
Planning
drawings stating that individual television service involving the
Services
installation of individual dish receivers/transmitters on the exterior of
Division
the building shall not be allowed. Said wiring shall be installed in
conformance with the approved building plans prior to the first final
building and zoning inspection for each building.
29
Prior to issuance of the first building permit for each Final Site Plan,
Planning and
the builder shall provide the Planning Services Division of the
Building
Planning and Building Department with a copy of a written
Department,
disclaimer that will be distributed to prospective buyers/lessees
Planning
indicating that they are purchasing/leasing property that is within
Services
close proximity to Angel Stadium of Anaheim, The City National
Division
Grove of Anaheim and Honda Center and that the nature of these
venues includes potentially audible noise (such as crowd noise,
vehicular traffic noise, fireworks, and amplified sound) during events,
and traffic delays during event times. On-going during sales/lease of
dwelling units and commercial units, the property owner/developer
shall provide each buyer/lessee with this written information.
30
Prior to issuance of any residential building permit for each
Community
Development Area, park fees shall be paid subject to Section 13.2.4
Services
and Exhibit "D-4" of the Amended and Restated Development
Department
Agreement.
31
Prior to approval of permits for improvement plans, the property
Public
owner/developer shall coordinate with Electrical Engineering to
Utilities
establish electrical service requirements and submit electric system
Department,
plans, electrical panel drawings, site plans, elevation plans, and
Electrical
related tecluiical drawings and specifications. New underground
Engineering
electric utility facilities necessary to accommodate the project are
Division
typically required to be underground in the City of Anaheim. The
underground electrical distribution systems will consist of
substructures including vaults, duct banks, pull boxes, and other
facilities necessary to meet the proposed power requirements of the
development. The underground substructures will be installed by the
applicant in accordance with electrical distribution plans and
specifications prepared and approved by the Public Utilities
Department - Electrical Engineering Division. Electrical facilities
and equipment will be installed as required to meet the electrical
demand of the development. In addition, all high voltage electrical
NO.
CONDITIONS OF APPROVAL
REVIEW
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lines, switches, and transformers installed on private property will
require an easement as indicated on the approved plans. It is the
developer's responsibility to coordinate survey activities and
construct wet and dry utilities in a manner as to avoid conflicts, and
to meet necessary clearance requirements for the on-site electrical
distribution system required for service establishment.
32
Prior to connection of electrical service, the legal owner shall provide
Public
to the City of Anaheim a Public Utilities easement with dimensions
Utilities
as shown on the approved utility service plan.
Department,
Electrical
Engineering
Division
33
Prior to connection of electrical service, the legal owner shall submit
Public
payment to the City of Anaheim for service connection fees.
Utilities
Department,
Electrical
Engineering
Division
34
Prior to occupancy, the legal owner shall install street lights as
Public
determined and planned by Public Utilities.
Utilities
Department,
Electrical
Engineering
Division
35
Prior to the approval of street improvement plans for each street
Public
identified within the Master Site Plan area, or if the electrical
Utilities
improvements are to be located on private property, prior to the
Department,
approval of the applicable Final Site Plan or builder tentative tract or
Electrical
parcel map, whichever occurs first, plans shall provide for the
Engineering
construction of the electrical facilities required in the locations
Division
approved by the Public Utilities Department provided that:
(a) If an easement is to be provided on private property, the
property owner/developer shall record an easement on the
final map or by separate document satisfactory to the Public
Works Department and the City Attorney's Office prior to
the first final building and zoning inspection for the Final
Site Plan;
(b) The property owner/developer shall be responsible for all
costs associated with the installation of said facilities; and,
(c) The timing for installation of the facilities shall be set forth
in the detailed phasing plan required by Section 9.3 (Timing,
Phasing and Sequence of Public Improvements and
Facilities) of this Amended and Restated Development
Agreement.
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
36
Prior to the issuance of the first residential building permit for each
Public
Final Site Plan, the property shall be served with underground
Utilities
utilities per the Electrical Rates, Rules, and Regulations, and the City
Department,
of Anaheim Underground Policy.
Electrical
Engineering
Division
37
Prior to issuance of the first building permit for each Final Site Plan,
Public
the property owner/developer shall coordinate its service
Utilities
requirements and relocation issues with the City of Anaheim Public
Department,
Utilities Department and the other utility companies involved.
Electrical
Engineering
Division
38
Prior to the issuance of the first building permit for each Final Site
Fire
Plan, or prior to the delivery of combustible materials for
Department
construction of buildings, whichever occurs first, the property
owner/developer shall complete all necessary water facilities to
provide the fire flows required by the Fire Department. Said
information shall be specifically shown on plans submitted for
building permits.
39
Prior to the issuance of the first building permit for each building and
Fire
prior to structural framing, fire hydrants shall be installed and
Department
charged as required by the Fire Department and shall meet minimum
Fire Department Specifications and Requirements for spacing,
distance to structure and available fire flow. Said information shall
be specifically shown on plans submitted for building permits.
40
Prior to the issuance of the first building permit for each Final Site
Fire
Plan, emergency vehicular access shall be provided and maintained in
Department
accordance with Fire Department Specifications and Requirements.
Said information shall be specifically shown on plans submitted for
building permits.
41
Prior to the issuance of the first building permit for each building, the
Fire
width of all exterior stairwells shall be as determined by the Fire
Department
Department in conformance with emergency evacuation standards.
Said information shall be specifically shown on plans submitted for
building permits.
42
That prior to the issuance of the first building permit for each Final
Police
Site Plan including a parking structure, plans shall show that closed
Department
circuit television (CCTV) security cameras shall be installed to
monitor the parking structures and the mailrooms to the satisfaction
of the Anaheim Police Department. CCTV cameras shall be
strategically located throughout the parking structure, mailroom and
lobby, covering all areas, especially all pedestrian and vehicular
access points. Further, 2 -way communication devices shall be placed
in the parking structure as required by the Police Department. All
NO.
CONDITIONS OF APPROVAL
REVIEW
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cameras and communication devices shall be installed prior to the
first final building and zoning inspection for each of said Final Site
Plans,
43
That prior to issuance of the first building permit for each Final Site
Police
Plan, plans shall indicate that each individual building and unit shall
Department
be clearly marked with its appropriate building number and address.
These numbers shall be positioned so they are easily viewed from
vehicular and pedestrian pathways throughout the complex. Main
building numbers shall be a minimum of 12 inches in height. Main
building numbers and address numbers shall be illuminated during
hours of darkness. Said numbers shall be installed prior to the first
final building and zoning inspection for each building.
44
That prior to the issuance of the first building permit for each Final
Police
Site Plan, plans shall indicate that pedestrian and vehicular access
Department
control shall be provided to prevent unwanted entry and that a digital
keypad entry system shall be provided to facilitate quick response by
emergency personnel. Said items shall be installed and the system's
entry code provided to the Anaheim Police Department
Communications Bureau and the Anaheim Fire Department prior to
the first final building and zoning inspection for each building.
45
That prior to the issuance of the first building permit for each Final
Police
Site Plan, plans shall indicate that adequate lighting shall be provided
Department
on all levels of the parking structures, including circulation areas,
aisles, passageways, recesses, and grounds contiguous to buildings
with lighting of sufficient wattage to provide adequate illumination to
make clearly visible the presence of any person on or about the
premises during the hours of darkness and provide a safe, secure
environment for all persons, property, and vehicles on-site. Said
lighting shall be installed prior to the first final building and zoning
inspection for each parking structure.
46
That prior to the issuance of the first building permit for each Final
Police
Site Plan, plans shall show that common rooms, such as gym
Department
facilities, recreation areas, laundry rooms, conference rooms, etc.,
shall have transparent doors, view panels installed in solid doors, or a
window installed next to the door for increased visibility into the
room. Said features shall be installed prior to the first final building
and zoning inspection for each recreation area.
47
That prior to the issuance of the first building permit for each parking
Police
structure, plans shall show that a minimum lighting level of one (1)
Department
foot-candle measured at the parking surface shall be maintained for
the parking structure with a maximum to minimum ratio no greater
than 10:1. Said lighting shall be installed prior to the first final
building and zoning inspection for the parking structure.
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
48
Prior to issuance of Building permits, the building pads shall be
Public Works
certified for compaction by the soils engineer and for line and grade
Department,
by the civil engineer. All pad grade changes shall be submitted to
Development
the City as part of a grading permit application for review and
Services
approval. Also, the compaction report needs to document all
Division
required soil fill and reconditioning procedures by the grading
contractor, including compaction testing protocol and maintenance
of records. Areas that are not fully documented and certified by the
geotechnical engineer and inspected by the City up to the final pad
elevation may need to be over -excavated to the satisfaction of the
site soils engineer, city Construction Services staff and
Development Services Engineer Public Works.
49
Parkway landscaping and sidewalk shall be constructed with the
Public Works
parkway irrigation connected to the on-site irrigation system and
Department,
maintained by the property owner. A bond shall be posted in an
Development
amount approved by the City Engineer and a form approved by the
Services
City Attorney prior to issuance of a building permit. A Right of Way
Division
Construction Pen -nit shall be obtained from the Development Services
Division for all work performed in the right-of-way. The landscape
parkway improvements shall be constructed pursuant to Section 9.3
(Timing, Phasing and Sequence of Public Improvements and
Facilities) and Exhibit "H" (Infrastructure Phasing Plan) of this
Amended and Restated Development Agreement.
50
Prior to the issuance of the first building permit for each Final Site
Public Works
Plan, the property owner/developer shall provide the Public Works
Department
Department, Streets and Sanitation Division with a final demolition
Streets &
recycling report signed by the property owner/developer indicating
Sanitation
actual tonnage of waste diverted and landfilled.
Division
51
Prior to the issuance of the first building permit for each building,
Public Works
plans shall be submitted providing a separate Knox box for the trash
Department
truck at each applicable gate entrance. Said information shall be
Streets &
specifically shown on plans submitted for building permits.
Sanitation
Division
52
Prior to the issuance of the first building permit for each Final Site
Public Works
Plan, the proposed development shall submit a final written Solid
Department,
Waste Management Plan signed by the property owner to the Streets
Traffic
and Sanitation Division of the Public Works Department for review
Engineering
and approval. The property owner/developer shall then operate in
Division
accordance with the approved written Solid Waste Management Plan,
as it may be modified from time to time subject to written approval
by the Director of Public Works. Said Solid Waste Management Plan
shall be referred to in the project's Covenants, Conditions and
Restrictions (CC&Rs) which shall be recorded for the property
pursuant to Condition No. 9.
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
53
Prior to City acceptance of the public right-of-way improvements for
Public Works
all collector streets identified on the Master Site Plan and Gene Autry
Department,
Way, said streets shall be posted with "No Stopping Any Time" signs
Traffic
except where designated turn -out areas are provided for loading and
Engineering
unloading and designated on -street parking areas. Such signs shall be
Division
shown on street improvement plans submitted by the property
owner/developer for the review and approval by the Public Works
Department and the location of such signs shall be reviewed and
approved by the City Traffic and Transportation Manager. The
property owner/developer shall be responsible for all costs associated
with the installation of such signs.
54
Prior to the issuance of the first residential building permit for
Public Works
Development Areas A, B, C, or H, whichever is first, the property
Department,
owner/developer shall design and submit to the City of Anaheim for
Traffic
review and approval the traffic signal modification for the existing
Engineering
traffic signal at the intersection of Market Street and Katella Avenue.
Division
Construction of the traffic signal modification at the intersection of
Market Street and Katella Avenue shall be completed prior to
certificate of occupancy for the first residential dwelling unit of
Development Areas A, B, C, or H, whichever comes first.
Modifications to the timeframe to complete the above -noted
improvements may be approved by the City as set forth in the
detailed phasing plan required by Section 9.3 (Timing, Phasing and
Sequence of Public Improvements and Facilities) of this Amended
and Restated Development Agreement provided said modifications
do not result in any environmental impacts. Bonds for these
improvements shall be posted in accordance with timing set forth in
said detailed phasing plan.
55
Prior to applying for the first water meter or fire service or first
Public
submittal of the Water Improvement Plans, the developer/owner shall
Utilities
submit a set of improvement plans for Public Utilities Department
Department,
Water Engineering Division review and approval in determining the
Water
conditions necessary for providing water service to the project.
Engineering
Division
56
Prior to the issuance of the first building permit for each
Public
Development Area, a private water system with separate water
Utilities
service for fire protection and domestic water shall be provided and
Department,
shown on plans submitted to the Water Engineering Division of the
Water
Anaheim Public Utilities Department.
Engineering
Division
57
Prior to the issuance of the first building permit for each
Public
Development Area, all backflow equipment shall be located above
Utilities
ground outside of the street setback area in a manner fully screened
Department,
from all public streets and alleys. Any backflow assemblies currently
Water
installed in a vault will have to be brought up to current standards.
Engineering
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
Any other large water system equipment shall be installed to the
Division
satisfaction of the Public Utilities Department Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be
specifically shown on plans and approved by Water Engineering and
Cross Connection Control Inspector.
58
Prior to the issuance of the first building permit, all requests for new
Public
water services, backflow equipment, or fire lines, as well as any
Utilities
modifications, relocations, or abandonments of existing water
Department,
services, backflow equipment, and fire lines, shall be coordinated and
Water
permitted through Water Engineering Division of the Anaheim Public
Engineering
Utilities Department.
Division
59
Prior to the issuance of the first building permit, all existing water
Public
services and fire services shall conform to current Water Services
Utilities
Standard Specifications. Any water service and/or fire line that does
Department,
not meet current standards shall be upgraded if continued use if
Water
necessary or abandoned if the existing service is no longer needed.
Engineering
The owner/developer shall be responsible for the costs to upgrade or
Division
to abandon any water service or fire line.
60
Prior to the issuance of the first building permit for each building, the
Public
owner/developer shall irrevocably offer to dedicate to the City of
Utilities
Anaheim (i) an casement for all large domestic above -ground water
Department,
meters and fire hydrants, including a five (5) -foot wide easement
Water
around the fire hydrant and/or water meter pad. (ii) a twenty (20)
Engineering
foot wide easement for all water service mains and service laterals all
Division
to the satisfaction of the Water Engineering Division. The easements
shall be granted on the Water Engineering Division of the Public
Utilities Department's standard water easement deed. The easement
deeds shall include language that requires the Owner to be
responsible for restoring any special surface improvements, other
than asphalt paving, including but not limited to colored concrete,
bricks, pavers, stamped concrete, decorative hardscape, walls or
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for the repair,
replacement and maintenance of all surface improvements other than
asphalt paving shall be the responsibility of the Owner and included
and recorded in the CC&Rs for the Development Area. Such
information shall be shown on plans submitted for building permits.
61
Prior to the first submittal of Water Improvement Plans, the
Public
developer/owner shall submit a water system master plan, including a
Utilities
hydraulic distribution network analysis, for Public Utilities Water
Department,
Engineering Division review and approval. The master plan shall
Water
demonstrate the adequacy of the proposed on-site water system to
Engineering
meet the project's water demands and fire protection requirements.
Division
REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
62
Prior to applying for the first water meter or fire service or first
Public
submittal of the Water Improvement Plans, the developer/owner shall
Utilities
submit to the Public Utilities Department Water Engineering Division
Department,
an estimate of the maximum fire flow rate and maximum day and
Water
peak hour water demands for the project. This information will be
Engineering
used to determine the adequacy of the existing water system to
Division
provide the estimated water demands. Any off-site water system
improvements required to serve the project shall be done in
accordance with Rule No. 15A.6 of the Water Utility Rates, Rules,
and Regulations.
63
That prior to the issuance of the first building permit for each
Public
building, Platinum Triangle water facilities fee and/or advances to the
Utilities
Water Engineering Division shall be paid in accordance with Rule
Department,
15D of the Water Utility Rates, Rules and Regulations.
Water
Engineering
Division
64
Prior to applying for the first water meter or fire service or first
Public
submittal of the Water Improvement Plans, water improvement plans
Utilities
shall be submitted to the Public Utilities Department Water
Department,
Engineering Division for approval and a performance bond in the
Water
amount approved by the City Engineer and form approved by City
Engineering
Attorney shall be posted with the City of Anaheim. Further, water
Division
improvement bonds for the abandonment and removal of the
previously install public water mains (UWM2014-00010) shall
include bonds for the additional abandonments of existing public
water facilities within Westside Dr. and Union street at the mains
within Katella Ave and Gene Autry Way or at the last service on
Westside Dr. and Union Street. If the developer/owner does not
install the new Phase I water improvements (per the Infrastructure
Phasing Plan and Water Improvement Plans (UWM plans) to the
satisfaction of the Water Engineering Division within a time frame of
one year from the abandonment of the previously install public water
facilities for Tract No. 16859, the City may at its discretion, abandon
the remaining existing public water facilities within Westside Dr. and
Union St. at the intersection of Katella Avenue and Gene Autry Way.
The developer/owner will be responsible for all required water
improvements for future development of the site.
65
Prior to the issuance of the first building permit for each building,
Public
individual water service and/or fire line connections will be required
Utilities
for each parcel or residential, commercial, industrial unit per Rule 18
Department,
of the City of Anaheim's Water Rates, Rules and Regulations.
Water
Engineering
Division
66
Prior to the issuance of the first building permit for each building, the
Public
owner/developer shall contact the Public Utilities Department Water
Utilities
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
Engineering Division for recycled water system requirements and
Department,
specific water conservation measures to be incorporated into the
Water
building and landscape construction plans.
Engineering
Division
67
That water facilities shall be protected from runoff from adjacent
Public
properties. Said information shall be specifically shown on plans
Utilities
submitted for building permits.
Department,
Water
Engineering
Division
PRIOR TO FIRST FINAL BUILDING AND ZONING INSPECTION FOR EACHFINAL SITE PLAN
68
Prior to the first final building and zoning inspection, the property
owner/developer shall irrevocably offer to dedicate the approved
easements to the City of Anaheim.
69
Prior to the first final building and zoning inspection for each Final
Public Works
Public Works
Site Plan (Development Area) the property owner/developer shall
Department,
Department,
execute and record with the Orange County Recorder an
Development
Development
unsubordinated declaration of Covenants, Conditions and Restrictions
Services
Services
(CC&Rs) to run with the land, satisfactory to the Planning Director,
Division
Division
Public Works Director and the City Attorney, creating maintenance
obligations to maintain private on-site common areas and facilities
(collectively referred to hereinafter as the "Maintenance Areas and
Facilities") within the Development Areas as indicated below:
• Private drives and parking (if applicable), including
sidewalks, landscaping, street lighting, mounted lighting,
signage, striping and parkways.
• Private sewer lines, grease interceptors, manholes and clean
outs.
• Private storm drain lines, area drains, inlets, manholes and
catch basins.
• Treatment Controls Best Management Practices for Water
Quality Management Plan Best Management Practices, as
required pursuant to Conditions Nos. 73 and 74.
• Demonstrate that the applicant is prepared to implement all
non-structural BMP's described in the Project WQMP as
required pursuant to Condition No. 75.
• Demonstrate that an adequate number of copies for (all
responsible parties) of the approved Project WQMP are
available on-site as required pursuant to Condition No. 75.
• Internal landscape areas, courtyards, common areas.
• Internal hardscape.
• On-site fountains and art elements.
• Enclosed parking structures with mail facilities, trash
collection areas, and bicycle storage.
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
• Recreational amenities areas including pools & spas,
barbecue areas, clubhouse meeting room(s) and workout
room.
• Public restrooms.
• Site lighting systems.
• Trash collection and facilities including the Solid Waste
Management Plan for the project as approved by the City.
• Squeal -free surface in parking structure.
• Maintenance of on-site signs and awnings.
• Outdoor seating and dining areas.
• Maintenance of all security equipment required by the Police
Department including antennas providing radio
communication.
• Maintenance of private water meters.
• Removal of graffiti within 24 hours of occurrence.
• That a sign shall be posted in each trash collection area
indicating "No Parking Between the Hours of 7 A.M. and 5
P.M." to allow sufficient access for the trash bin retrieval
vehicle pursuant to Condition No. 90
• Maintenance of all special surface improvements within
adjacent public street right-of-way if approved in conjunction
with a Final Site Plan.
• Requirement for lease agreements or purchase and sales
agreements for each commercial establishment to include a
provision for hours of delivery to be limited to 7 a.m. to 10
p.m. daily.
• Requirement for lease agreements or purchase and sales
agreements for each commercial establishment to include a
provision there shall be no public telephones located outside
any building.
• Provision for the maintenance of all associated private water
line improvements.
• Ongoing during operation, provision for the property to be
permanently maintained in an orderly fashion by providing
regular landscape maintenance and removal trash or debris.
• Provision for the replacement of any tree planted on-site in
accordance with project landscaping plans in a timely
manner in the event that it is removed, damaged, diseased,
and/or dead.
• Provision for written disclaimer pursuant to Condition No.
20.
70
Prior to the first final building and zoning inspection for each Final
Public
Site Plan, the relocation of existing facilities and/or installation of
Utilities
new systems shall be timed to coincide with the level of development
Department
that would require this improvement, to the satisfaction of the
Anaheim Public Utilities Department and other utility companies.
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
71
Prior to the first final building and zoning inspection for each Final
Public
Site Plan, the property owner/developer shall provide the City of
Utilities
Anaheim with a public utilities easement (per final electrical design),
Department,
along/across high voltage lines, low voltage lines crossing private
Electrical
property, and around all pad -mounted transformers, switches,
Engineering
capacitors, etc. Said easement shall be submitted to the City of
Division
Anaheim prior to connection of electrical service.
72
Prior to the first final building and zoning inspection for each Final
Public
Site Plan, any required relocation of City electrical facilities shall be
Utilities
completed at the property owner/developer's expense. Landscape
Department,
and/or hardscape screening of all pad -mounted equipment shall be
Electrical
required outside the easement area of the equipment. Said
Engineering
information shall be specifically shown on plans submitted for
Division
building permits.
73
Prior to the first final building and zoning inspection for each Final
Public
Site Plan, all electrical facilities that are located on the project
Utilities
boundary shall be relocated underground and all existing services that
Department,
are fed from the overhead system shall be converted to underground
Electrical
at the expense of the property owner/developer. Said information
Engineering
shall be specifically shown on plans submitted for building permits.
Division
74
Prior to the first final building and zoning inspection for each Final
Public
Site Plan or approval of on-site water plans, whichever occurs first,
Utilities
unless each commercial building is initially connected to separate fire
Department,
services, an unsubordinated covenant satisfactory to the City
Water
Attorney's office shall be recorded prohibiting any individual sale of
Engineering
buildings until separate fire services are installed in the buildings(s)
Division
subject to the sale.
75
Prior to the first final building and zoning inspection for each
Fire
building, an automatic fire sprinkler system shall be designed,
Department
installed and maintained as required by the Fire Department. Said
information shall be specifically shown on plans submitted for
building permits.
76
Prior to the first final building and zoning inspection for each
Fire
building, a fire alarm system shall be designed, installed and
Department
maintained as required by the Fire Department. Said information
shall be specifically shown on plans submitted for building permits.
77
Prior to the first final building and zoning inspection for each
Fire
building, lockable pedestrian and/or vehicular access gates shall be
Department
equipped with Knox devices as required and approved by the Fire
Department. Said information shall be specifically shown on plans
submitted for building permits.
78
That prior to the final Public Works inspection for the public street
Public Works
improvements, and prior to the final building and zoning inspection
Department,
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
for each Final Site Plan, the property owner/developer shall:
Development
(a) Demonstrate that all structural BMP's described in the Project
Services
WQMP have been constructed and installed in conformance
Division
with approved plans and specifications,-
pecifcations;(b)
(b)Demonstrate that the applicant is prepared to implement all
non-structural BMP's described in the Project WQMP; and,
(c) Demonstrate that an adequate number of copies of the
approved Project WQMP are available on-site.
79
Prior to final building and zoning inspections of each development
Public Works
phase, all required WQMP items for proper operation of the system
Department,
shall be inspected and operational.
Development
Services
Division
80
All required public street, landscaping, irrigation, sewer and
Public Works
drainage improvements shall be constructed prior to final building
Department,
and zoning inspections and are subject to review and approval by
Development
the Construction Services inspector.
Services
Division
81
That prior to the first final building and zoning inspection for each
Public Works
building, the property owner/developer shall construct sewers and
Department,
storm drains to serve the ultimate development of the property as
Development
provided by area -wide engineering studies to be conducted prior to
Services
issuance of any building permits for the first permitted building and
Division
updated prior to the issuance of any building permits for each
subsequent permitted building. All studies shall be subject to the
approval of the City Engineer. The property owner/developer shall
construct improvements identified in such studies. The systems may
be constructed incrementally subject to the approval of the City
Engineer provided that said incremental phasing is adequate to
provide capacity for the proposed development phasing and providing
that the timing is in accordance with the detailed phasing plan
required by Section 9.3 (Timing, Phasing and Sequence of Public
Improvements and Facilities) of this Amended and Restated
Development Agreement.
ONGOING DURING PROJECT CONSTRUCTION
82
An all-weather access road as approved by the Fire Department shall
Fire
be provided during construction.
Department
ONGOING DURING PROJECT OPERATION
83
Ongoing during business operations, the property owner shall be
Public Works
responsible for restoring any special surface improvements, other
Department /
than asphalt paving, within any right-of-way, public utility easement
Development
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
or City easement area including but not limited to colored concrete,
Services
bricks, pavers, stamped concrete, walls, decorative hardscape or
Division
landscaping that becomes damaged during any excavation, repair or
replacement of City owned water facilities. Provisions for
maintenance of all said special surface improvements shall be
included in the recorded CC&Rs for the Development Area and the
City easement deeds.
PRIOR TO FINAL ULEDING AND ZONING INSPECTIONS
84
Prior to the first final building and zoning inspection for each Final
Public
Site Plan, all electrical facilities that are located on the project
Utilities
boundary shall be relocated underground and all existing services that
Department,
are fed from the overhead system shall be converted to underground
Electrical
at the expense of the property owner/developer. Said information
Engineering
shall be specifically shown on plans submitted for building permits.
Division
PRIOR TO IS'SICANCE OF FINAL BUILDING ANI? ZONING PEWIT
85
Prior to certificate of occupancy of the first residential dwelling unit,
Public
the existing previously installed public water facilities under Tract
Utilities
No. 16859 shall be abandoned and removed per UWM2014-00010.
Department,
All abandoned water meters shall be turned over to the City's Water
Water
Inspector for final read prior to being salvaged to the City yard. If the
Engineering
developer/owner wishes to abandon the public water facilities that
Division
were previously installed under Tract 1.6859 prior to the installation
of the Phase 1 water improvements, the developer/owner shall as part
of the public improvements bonds for the water abandonments of
UWM2014-00010, include bonds for the additional abandonments of
existing public water facilities within Westside Dr. and Union street
at the mains within Katella Ave and Gene Autry Way or at the last
service on Westside Dr. and Union Street. If the developer/owner
does not install the new Phase 1 water improvements (per the
Infrastructure Phasing Plan and Water Improvement Plans (UWM
plans) to the satisfaction of the Water Engineering Division within a
time frame of one year from the abandonment of the previously
installed public water facilities for Tract No. 16859, the City may at
its discretion, abandon the remaining existing public water facilities
within Westside Dr. and Union St. at the intersection of Katella
Avenue and Gene Autry Way. The developer/owner will be
responsible for all required water improvements for future
development of the site.
GENERAL'
86
The property owner developer shall be responsible for compliance
Planning and
with and any direct costs associated with the monitoring and
Building
reporting of all mitigation measures set forth in the attached
Department,
Mitigation Monitoring Plan (MMP) No. 321, established by the City
Planning
of Anaheim as required by Section 21081.6 of the Public Resources
Services
Code to ensure implementation of those identified mitigation
Division
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
measures within the timeframes identified in the measure. MMP No.
321 is made a part of these conditions of approval by reference.
87
During ongoing business operations, the property owner/developer
Planning and
shall not charge for "event parking" for Honda Center, The City
Building
National Grove of Anaheim or Angel Stadium of Anaheim unless
Department,
approved by the City.
Planning
Services
Division
88
Signage shall be consistent with Section 18.20.150 (Signs) of the
Planning and
Platinum Triangle Mixed Use (PTMU) Overlay Zone.
Building
Department,
Planning
Services
Division
89
Park fee credit will be given for Public Park and Public Linear Park
Community
in the amount set forth in Section 9.1 and Exhibit "D-4" of the
Services
Amended and Restated Development Agreement, provided the parks
Department
comply with the following criteria:
(a) Park fee credit shall be granted, subject to the Community
Services Department approval, based upon the provision of a
site(s) acceptable to the Community Services Department
that meets a 2% to 5% gradient (excluding landscape play
mounds in the Public Park as shown on the Park Area
Enlargement Plan Sheet L-2 of the Master Site Plan
exhibits), unless approved otherwise by the Community
Services Department, with no easements and other
obstructions, except as required for park development, being
considered for credit;
(b) All plans for public park improvements are subject to
approval by the Community Services Department;
(c) Park credit will not be given for portions of the right-of-way,
sidewalks to commercial encumbrance and residential areas,
road easements or any other improvement that will lessen the
actual amount of park space;
(d) Park credit against fees will only be provided for sites
approved by the Community Services Department and only
for the per acre value of the land, as established by the
current City Council approved park in lieu fee ordinance and
resolution; and,
(e) No park fee credit shall be granted for any private park or
recreational improvements provided with the A-Town
development(s).
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
90
Lockable pedestrian and/or vehicular access gates shall be equipped
Fire
with Knox devices as required and approved by the Fire Department.
Department
91
All facilities in this project fall within the Platinum Triangle and are
Police
subject to Public Safety Impact Fees.
Department
92
Compliance with AMC 6016, the Anaheim Public Safety Radio
Police
System Coverage Ordinance is required. To request a copy of the
Department
ordinance, contact Officer Budds at (714) 765-3859 or
mbudds@anaheim.net. A copy of the ordinance can also be
viewed/download online through the City of Anaheim web site under
"City Records": bttp://www.anaheim.net/.
93
In order to facilitate the efficient and rapid access by emergency
Police
vehicles and personnel, all electrically operated gates providing
Department
emergency vehicle access to any residential facility/community
development with more than 20 (twenty) residential units, or when
otherwise required by the Chief of Police or his designated
representative, shall include the installation of an electronic access
system which allows for the use of a public safety radio frequency to
open the gate.
94
All mitigation measures from MMP No. 321 apply to this project.
Planning and
Building
Department,
Planning
Services
Division
95
The required public improvements shall be installed pursuant to the
Public Works
Infrastructure Phasing Plan (Exhibit "H") of the Development
Department,
Agreement.
Development
Services
Division
96
A minimum of two connections to public water mains and water
Public
looping inside the project are required.
Utilities
Department,
Water
Engineering
Division
97
The following minimum horizontal clearances shall be maintained
Public
between proposed water main and other facilities:
Utilities
• 10 -feet minimum separation (outside wall -to -outside wall)
Department,
from sanitary sewer mains and laterals
Water
Engineering
• 5 -feet minimum separation from all other utilities,
Division
including storm drains, gas, and electric
• 6 -feet minimum separation from curb face
NO•
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
98
No public water main or public water facilities shall be installed in
Public
private alleys or paseo areas.
Utilities
Department,
Water
Engineering
Division
99
No public water mains or laterals allowed under parking stalls or
Public
parking lots.
Utilities
Department,
Water
Engineering
Division
100
All fire services 2 -inch and smaller shall be metered with a UL listed
Public
meter, Hersey Residential Fire Meter with Translator Register, no
Utilities
equals,
Department,
Water
Engineering
Division
101
The project is expressly conditioned upon the applicants'
Planning and
indemnifying and holding harmless the City, its agents, officers,
Building
council members, employees, boards, commissions and their
Department
members and the City Council from any claim, action or proceeding
City
brought against any of the foregoing individuals or entities, the
Attorney's
purpose of such litigation being to attack, set aside, void or annul any
Office
approval of the application or related decision, or the adoption of any
environmental documents which relates to the approval of the
Proposed Actions. This indemnification shall include, but is not
limited to, all reasonable damages, costs, expenses, attorney fees or
expert witness fees that may be awarded to the prevailing party, and
costs of suit, attorneys' fees, and other costs, liabilities and expenses
arising out of or in connection with the approval of the application or
related decision, whether or not there is concurrent, or passive
negligence on the part of the City, its agents, officers, council
members, employees, boards, commissions and their members and
the City Council. The property owner/developer shall have the right
to select legal counsel. The City shall have the right to approve,
which approval will not be -unreasonably withheld, the legal counsel
providing the City's defense, and the applicant shall reimburse the
City for any costs and expenses reasonably incurred by the City in the
course of the defense. No later than 30 (thirty) days following the
City Council's adoption of the Ordinance adopting Development
Agreement No. 2005-00008, the legal property owner shall provide a
letter to the City satisfactory to the City Attorney's Office
memorializing the foregoing.