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Resolution-PC 2007-98• ~ RESOLUTlON NO. PC2007-98 A RESOLUTION OF THEANAHEIM PLANNING COMMISSION THAT PETITION FORFINAL SITE PLANNO. 2007-00006 BE GRANTED {1404 EAST KATELLA AVENUE - DEVELOPMENT AREA C) ` WHEREAS, on November 8, 2005, the City Council approved Development Agreemenf No. 2005-00008 for the A-Town Metro project in The Platinum .Triangle Mixed Use (PTMU) Overiay Zone in #he City of Anaheim. WHEREAS, Development Agreement Na: 2005-00008 includes a Master Site Plan to implement the A-Town Metro project. WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does provide for the approval of final site plans for projects within a master site plan, at a duly noticed public hearing. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for the review 'and approvai of a final site plan for a 5-story, mixed-use development, including 166 residential condominium units and 15,275 square feef of commercial uses, for certain reai property situated in The Platinum Triangle area of the City of Anaheim, County of Orange, State of California, further described as Development Area C of the A-Town Metro project (1404 fast Katella Avenue), and more further described as: LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGH 10 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Ciyic Center in the City of Anaheim on August 20, 2007 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said final site plan in connection with Conditional Use Permit No. 2007-05227, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, affer due inspection, investigation and study made by itseif and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1. That the proposed final site plan to construct a 5-story, mixed use development, including 166 residential condominium units and 15,247 square feet of commercial uses is properly one for which a final site plan is authorized by Anaheim Municipal Code Section No. 18.20.170.0101. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of fhe area in which it is proposed to be iocated because the proposed project is compatible with proposed surrounding land uses and is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan (PTMLUP). 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. That the approval of the final site plan under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. Cr1PC2007-98 -1= PC2007-98 :i • 5. That no one indicated their presence at said pubiic hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed Final Site Plan No: 2007-00006 for the review and approval of a final site plan for ' a 5-story, mixed-use development, including 166 residential condominium units and 15,247 square feet of ; commercial uses; and did find and determine, bymotion,'pursuant to the provisions of the California Environmental Quality Act ("CEQA°), based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the California PublicResources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its Addendum, together with the Updated and Modified Mitigation Monitoring Program No: 106A and Mitigation Monitoring Plan No. 138(C), are adequate to serve as the required environmental documentation for this final site plan and satisfy aU of the requirements of CEQA, and that no further environmental documentation need be prepared for this final site plan. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission' does hereby granf subject Petition for final site plan, upon tlie following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to issuance of buildina permits the followina condition shall be complied with: 1. That plans shall indicate compliance with Exhibit Nos. 1 through 69 of Final Site Plarr No. 2007- 00006. General Conditions: - 2. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with attached Mitigation Monitoring Plan No. 138(C) as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigatio~ measures. 3. That this Final Site Plan No. 2007-00006 is granted expressly conditioned upon approval of Conditional Use Permit No. 2007-05227. 4. That subject property shall be developed substantially in accordance with Development Agreement Na 2005-00008, and as conditioned herein. 5. That this final site plan shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2005-00008. 6. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE ITFURTHER RESOLVED that the property owner/developer is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the , -2- PC2007-98, • • issuance of the final invoice or prior to the issuance of building permits, whichever occurs first. Failureto pay all charges shall result in delays in,the issuance of required permits'or the revocation of the approval of this application: _ THE FOREGOlNG RESOLUTION was adopted at the Planning Commission meeting of August 20, 2007. 8aid resolution is subject fo the appeal provisions set forth in Chapter 18.60, "Procedures" of theAnaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council ; Resolution in,the event of an appeaL 1 CHAIRMAN~PRO TEMPOP~..BtPJ~f~iEII~TFC~ANNING COMMISSION ATTEST: ~~ , _~.e.~..,-~-- SENIOR SECRETARY, ANAMEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY-0F ANAHEIM ) l, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 20, 2007, by the foilowing vote of the members thereof: : AYES: COMMISSIONERS: AGARWAL, EASTMAN, ~AESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA ~ ~N WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~~~~, 2007. /1 /l r SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION MITIGATION MONITORING PLAN NO. 138(a) FOR A-TOWN METRO (DEVELOPMENT AREA C) CEQA Action: Subsequent Environmental Impact Report Na 332 and Addendum 1. Project Description- Conditional Use Permit No. 2007-05227 - to modify minimum setbacks to cons#ruct a mixed-use project Final Site Plan No. 2007-00006 - review and approval of a final site plan #or a 5-story, 16f-uni# mixed-use development, inc~uding 15,275 square feet of commercial uses. 2. Project Location -,1404 East Katella Avenue (Development Area C). : Terms and Definitions: ~. Property OwnerlDeveloper - Lennar Platinum Triangle, LLC 4. Enviro,nmental EquivalentlTiming - Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and-will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City ' departments, shall determine the adequacy of any proposed "environmental equivalenUtiming" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule. 5. Timing - This is the poinf where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first ` point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure - has been`complied with.; For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consis~ent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 6. : Responsibility for Monitoring - Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departmentsJisted for each mitiga#ion measure: 7. On-going Mitigation Measures - The mitigation measures that are designated to occur on an on-going basis as part of this mitigation monitoring program ~ will be monitored in the form of an annuaf let#er from the property owner/developer in January of each year stating how corrapliance with the subject measures(s) has been achieved. When. compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be'satisfied and no further monitoring will occur. -For measures that are to be monitored "On-going During Construction," the annual letter will review those measures only while construc#ion is occurring. Monitoring will be discontinued after construction is completed. 8. Building Permit - For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or buiiding. 7/23/07 Atiachment 1_MMP No. 138(C).DOCdoc Measure _ Responsible for Na Timing - - Measure , - Monitoring Completion AIR QUALITY : . _ 5.2-1 On-going during On-going during gcading and construction, the property ownerfdeveloper shall be South Coast Air . grading and - responsible for requiring contractorsto implement tl~e following measures to reduce Quality Management const~uction construction-related emissions; however, the resultant value is expected to remain District; significant. Public Works a) The contractor shall ensure tha# all construction equipment is being properly Department, field Engineering Division - serviced and maintained to reduce operational emissions. b) Where feasible, the contractor shall use alternative clean fuels such as electric- or compressed na#ural, gas-powered construction equipment with oxidation catalysts instead of gasoline- or diesel-powered engines. : - However, where diesel equipment has to be used because there are no practical altematives, the construction contractor should use emulsified diesel or low sulfur diesel, as defined in SCAQMD Rule 431.2., i.e., diesel with less than 15 ppm sulfur content. c) The contractor shall utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators where ,feasible. 5.2-2 On-going during On-going during grading and construction, the property owner/developer shall South Coast Air grading and implement the following measures in order to reduce PM~o emissions. Quality Management construction a) The property owneNdeveloper shall impiement standard mitigation District; public Works measures in accordance with SCAQMD Rules 402 and 403, to control Department, Field fugi#ive dust emissions and ensure that nuisance dust conditions do not Engineering occur during construction. Division; b) In addition to the standard measures, the property owner/developer shall p~anning ~ implement supplemental measures as feasible to reduce fugitive dust Department, emissions to the extent feasible during construction operations. To assure planning Division ` compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The , measures to be implemented are listed below: o Reestablish ground cover on the construction site through seeding and watering: o Pave onsite haul roads. o Phase grading to prevent the susceptibility of large areas to erosion over extended` periods of time. o Schedu~e activities to minimize the amounts of exposed excavated soil during and after the end of work periods. o Dispose ofsurplus excavated material in accordance with local ordinances and use sound engineering practices. Measure : Responsible for Na Timing : Measure Monitoring Completion ' _ - o Restorelandscaping and irrigation tha# are removed during ' construction in coordination with local public agencies. o Sweep streets on a daily basis if silt is carried over to adjacent public#horoughfares or occurs as a result of hauling. o Suspend grading operations during high winds in accordance with Rule 403 requirements. o Wash off trucks leaving site. o Maintain a minimum 24-inch freeboard ratio on t~aul trucks. o Cover payloads on trucks hauling soil using tarps or other suitable means. 5:2-3 Prior to the approval Prior to tfie approval of each grading plan (for Import/Export Plan) and prior to Planning :AND of.each grading issuance of demolition permits (for Demolition Plans), the. property owner/developer Department, 5.11-10 plan (for shall submit Demolition and Import/Export Plans. These plans shall include Building Division (5.41-10 Import/Export Plan) identification of off-site iocations for materials exported from the project and options is a : and prior to `for disposal of excess materiaL These options may include recycling of materials duplicate> issuance of . onsite or to an adjacen# site, sale to a soil broker or contractor, sale to a project in of 5.2-3 demolition permits the vicinity or transport to an environmentally cleared landfill, with attempts made to in MMP {for Dernolition move it within Orange County. The property owner/developer shall offer recyclable 106A) : Plansj building materials, such as asphalt or concrete for sale or removal by private firms _ or public agencies for use in construction of other projects, if not all can be reused at the project site. _ 5.2-4 Prior.to the approval Prior to the approval of each building permit, thE property owner/developer shall South Coast Air _ of each building submit evidence that high-solids or water-based low emissions paints and coatings Quality Management permit are utilized in the design and construction of buildings, in compliance with SCAQMD District regulations. This'information shall be denoted on the project plans and specifications. Additionally, the property owner/developer shall specify the use ofi high volume/low pressure spray equipment or hand application. Air atomized spray techniques shall not be permitted. 52.5 In accordance with In accordance with the timing required by the Traffic and Transportation Manager, Public Works : the timing required but no later than prior to the first final building and zoning inspection, the property Department, Traffic by the Traffic and owner/developer shall implement the following measures to reduce long-term and Transportation ` Transportation operational CO, NOx, ROG, and PM~o emissions: Division Manager, but no .- Traffic lane improvements and signalization as outlined in the traffic study later than prior to and MPAH shall be implemented as required by #he Traffic and #he firs# final Building and Zoning Transportation Manager. inspection The property owner/contractor shall place bus benches and/or shelters as ~ `required by the Traffic and Transportation Manager at locations along any site frontage routes as needed. Measure Responsible for No. Timing Measure Monitoring Completion 5.2-6 Prior to issuance of Prior to issuance of a building permit, implementation of energy conservation Public Works a building permit techniques (i.e., instaHation of energy saving devices, construction of electrical Department, vehicle charging stations, use of sunlight filtering window coatings or double-paned Engineering windows, utilization of light-colored roofing materials as opposed to dark-colored Division, Traffic and roofing materials, and placement of shady trees next to habitable structures) shall Transportation be indicated on plans. Division; Planning _ Department, _ Building Division 5.2-7 Prior to issuance of Prior to issuance of a building permit, the property owner/developer shall be Planning a building permit responsible for the placement of a note on the plans stating that #o reduce the Department, health impacts of air quality hazards within The Platinum Triangle, placement of Building Division wood burning fireplaces in residential units shall be prohibited. As an alternative to .wood burning fireplaces, gas fireplaces may be used. : '_ GEOLOGY AND SOILS 5.3-1 Prior to the approval Prior to the approval of a grading plan, if within a Seismic Hazard Zone, the property Public Works : of a grading plan owner/developer shall submit to the Public Works Department a site specific report Department, in compliance with DMG Special Publication 117, Guidelines for Eva/uafing and Development <Mitigating Seismic Hazards in California. The report shall be prepared by an Services Division ` engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 17 of the City of Anaheim Municipal Code. 5.3.2 Prior to issuance of Prior to issuance of a building permit, the property owner/developer shall submit to Planning a building permit the Planning Department, Building Division, for review and approval, detaifed Department, foundation design information for the proposed buildings, prepared by a civil Building Division engineer, based on recommendations of a geotechnical engineer. 5.3.3 Prior to issuance of "Prior to issuance of a building permit, the property owner/developer shall submit to Planning a building permit the Planning Department, Building Division, a report prepared by a geotechnical Department, engineer for review and approval which shall investigate the subject foundation Building Division excavations. 5.3-4 Prior to issuance of Prior to issuance of a building permit, the property owner/developer shall submit to Planning a building permit. thePlanning Department, Building Division, plans showing that the proposed Department, structure(s) has been analyzed for earthquake loading and designed according to Building Division tha mnst rPr.ant cPicmir ctantlards in the UnlfOrm BUllding COde adOpted by the Clty Measure . _ Responsiblefor . Na Timing __ Measure Monitoring Completion 5.3-6 On-going during On-going during grading operations, the property owner/developer shall implement Public Works grading operations standard practices relating to grading from City Ordinance (Title 17) and policies to Department, ~ield the satisfaction of the Public Works Department, Field Engineering Division. Engineering Division HAZARDS AND HAZARDOUS MATERIALS _ 5.4=1 On-going during On-going during demolition and cons#ruction, in the event that hazardous waste is Orange County demolition and discovered during site preparation or construction, the property owner/developer Health Care Agency; construction shall ensure that the identified hazardous waste and/or hazardous material is Fire Department handled and disposed of in the manner specified by the State of California Mazartlous Substances Control ~aw (Health and Safety Code, Division 20, Chapter 6:5) and according to the requirements of the California Administrative Code, Title 30, Chapter 22. In addition, the property owner/developer shall report the finding of hazardous waste to the Orange County Health Care Agency and Anaheim Fire Department. 5.4-2 On-going during On-going during project operation, the applicant shall handle and dispose of all Fire Department ' project operation hazardous materials and wastes during the opera#ion and maintenance of facilities in accordance with the State codes identified in Mitigation Measure No. 5.4-1 and under Anaheim Fire Department supervision. 5.4-3 Prior to issuance of - Prior to issuance of the first residential building permit for each final site plan Planning first residential incorporating residential units, the property owner/developer shall send a Department, - ° building permit Notification Letter to businesses in proximity to the project to inform them of the Building Division presence of the sensitive use (i.e., residential land uses). The letter sha11 request that the mixed-use project property owner/residents be notified of any accident at the nearby businesses that may involve the release of hazardous substances. The Good Neighbor Program shall also require that the project property owner/developer : prepare aSafetyPlan, which shall be implemented and on-going during project operation, that includes staff training, emergency tools, and first aid provisions, supervision of children or other individuals in an emergency situation, and a shelter- in-place program for instances when evacuation is not appropriate or practicable: 5.4-4 Prior to final Prior to the first final building and zoning inspection for each final site plan Planning Building and Zoning incorporating residential units, the property owner/developer shall prepare and Depar#ment, inspections submit to the Planning Department, Building Division, a Safety Plan, which shall be Building Division : implemented on-going during project operation that includes staff training, emergency tools, and first aid provisions, supervision of children or other individuals in an emergency situation, and a shelter-in-place program for instances when ~ evacuation is not appropriate or practicable. 5.4-5 Prior to final Prior to.final building and zoning inspections, for any residential project within 1,000 Planning Building and Zoning feet of a use that has the potential to release substantial amounts of airborne Department, inspections hazardous materials, the project property owner/deveioper shall submit a shelter-in- Building Division place program to the Planning Department, Building Division, for review and Measure No. Timing Measure _ Responsible for Monitoring Completion approvaL The shelter-in-place program shall require the property owner/developer : to purchase a subscription to a service that provides "automated emergency notification" to individual`residents (subject to meeting minimum standards set by the City) of fhe project. The shelter-in-place program shall inc.lude the following: • The properky owner/developer shall be required to purchase a minimum 10- ' year subscription to such a service that would include periodic testing (at ` least annually). " • The CC&Rs for each individual project shall require that each property owner and/or project Homeowners Association (HOA): . o Maintain a subscription following expiration of the initial purchased subscription. o Maintain, in a timely manner, the da#abase of resident phone - numbers in conjunction with the senrice. o Provide appropriate agencies (police, fire, other emergency response as identified by the City) with information on how to : activate the notification via the service provider. The CC&Rs for each individual project shall require tha# each resident provide #he property ownerlHOA with a current phone number for the residence and/or individual residents. This would include timely notification following the sale of a unit and would require notification if the unit were rented or leased or subject to any other change in occupancy. 5.4-6 Prior to issuance of Prior to issuance of grading permits for each development project, a Phase I Site Public Works grading permits for Assessment shall be prepared by the property owner/developer and submitted to Department, each development the City of Anaheim Public Works Department, Development Services Division, for Development project review and approval. If actual or potential impacts are identified by the Phase I, a Services Division . Phase II ESA will be completed for the site by the owner/developer and the results will besubmitted to the Planning Department. During the Phase II ESA, samples ` from potential areas of concern will be collected and su6mitted for laboratory analysis #o confirm the nature and extent of potential impacts. If hazardous materials are identi#ied during the site assessments, the property owner/developer shall notify the finding to #he Anaheim Fire Department and the appropriate response/remedial measures will be implemented in accordance with the directives of the OCHCA and/or the Regional Water Quality Control Board (RWQCB), as appropriate. If soil is encountered during site development that is suspected of _ being impacted by hazardous materials, work will be halted and site conditions will _ be evaluated by a qualified environmental professional. The results of the evaluation will be submitted to OCHCA and/or RWQCB, and the appropriate response/remedial measures will be implemented, as directed by OCHCA, RWQCB, or other applicable oversight agency, until all specified requirements of the Measure : Responsible for No. Timing Measure Monitoring Completion oversight agencies are satisfied and a no-fu~ther-action status is attained. _ 5.4-7 P~ior to issuance of ` Prioc to issuance of a grading permit or a demolition permit for any building, an Planning a grading permit or asbestos survey shall be conducted and submitted to #he Planning bepartment, Department, ` a demolition permit - Building Division, by the property owner/developer. If the materials are found to Building Division. for any building contain asbestos fibers, demolition shall be conducted in accordance with the remediation and mitigation procedures detailed in Remediation Procedures Report, and in accordance with Federal, State and local law. 8uildings constructed {~rior to 1973 shall be screened for lead-based paint prior to demolition. If lead-based paint , is identified, it shall be mitigated in accordance with the procedures set forth in the - Remediatiorr Procedures Report. HYDROLOGY AND WATER QUALITY 5.5-1 Prior #o issuance of Prior to issuance of a grading permit, the property owner/developer shall submit Public Works a grading permit : plans documenting that the design of'all above ground structures (with the Department, exception of parking structures) shall be at least three feet higher that the 100-year Building Division flood zone, wherE applicable, unless otherwise required by the City Engineer. All structures below this level shall be flood-proofed to prevent damage to property or harm to people: 5.5-2 At Ieast 90 days Atleast 90 days prior to the initiation of grading activities, for projects greater than Public Works prior to the initiation one acre, an NOI shall be filed with the RWQCB by the property owner/developer Department, of grading activities pursuant to State and Federal NPDES requirements. As part of the NOI, a SWPPP Development - ; shall be prepared. The property owner/developer shall also prepare and submit to Services Division RWQCB, a Water Quality Management Plan (WQMP) in accordance with the City's Municipal NPDES requirements and the Orange County Drainage Area Management Plan. The SWPPP, in conjunction with the WQMP, will describe the structural and nons#ructural BMPs that will be impiemented during construction (short-#erm) within the Project Area as well as ~MPs for long-term operation of the Project Area. Long-term measures could include, but may not be limi#ed to, street sweeping, trash collection, proper materials storage, designated wash areas connected to sanitary sewers, filter and grease traps, and clarifiers for surface . - parking areas. The BMPs selected shall be consistent with the Water Quality - Technical Report prepared for the Proposed Project (Appendix G of SEIR No. 332). 5.5-3 Prior to approval of The City Engineer shaA review the location of each project to determine if it is Public Works a final subdivision located within an area served by deficient drainage facilities, as identified in The Department, map or issuance of Platinum Triangle Drainage Study. If the project will increase storm wa#er flows Engineering a grading orbuilding : beyond those programmed in the appropriate master plan drainage study for the Division; Planning permit, whicF~ever area or if the project currently discharges to an existing de~cient storm drain system Department, occurs first or will create a deficiency in an existing storm drain, the property owner/developer Building Division shall be required to guarantee mitigation of the impact to adequately serve the area tothe satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be .required to install the drainage facilities, as required by the Measure Na Timing : Measure ' City Engineer#o mitigate the impacts of the proposed development based upon the . Development Mitigation`within Benefit Zones (Appendix E of The Platinum Triangle Drainage Study} prior to acceptance for maintenance of public improvemen#s by the City or final Building and Zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the In#rastructure Improvement (Fee) Program, if adopted for the Project Area, as determined by #he City Eng+neer, which could include fees, credits, reimbursements, construction, or a combination thereof. NOISE 5.7-1 On-going and : On-going and during grading, demolition, and construction, the property during grading, owner/developer shall be responsible for requiring contractors #o implement the demolition; and following measures #o limit construction-related noise: construction ` a) Noise genera#ed by construction, shail be limited by the property owner/deyeloper to 60 dBA along the property boundaries, before 7 a.m. . and after 7 p:m., as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. b) Limit the hours of operation of equipment that produces noise levels noticeably above general construction noise levels to the fiours o# 10 a.m. to 4 p.m. c) All intemal combustion engines on all of the construction equipment shall be properly outfitted with weN maintained muffler systems. 5.7-2 Prior to issuance of Prior to issuance of a building permit for any project generating over 100 peak hour a building permit trips, the project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The reportshall show that the development wilf be sound-attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. 5.7-3 Priocto issuance of New development project property owner/developers shall use the most current a building permit available Airport ~Environs.Land Use Plan (AELUP) as a planning resource for evaluating helipor# and airport.operations as well as land use compatibility and land use intensity in #he proximity of Los Alamitos Joint Training Base and Fullerton Municipal Airport. PUBLIC SERVICES 5.9-1 Prior to the Plans shall indicate that all buildings shall have fire sprinklers installed by the issuance of Each property owner/developer in accordance with the Anaheim Municipal Code. Said building permit. sprinklers shall be installed prior to each final building and zoning inspection. 5.9-2 Prior to the approval The property owner/developer shall submit plans to the Anaheim Police Department Responsible for Monitoring Planning Department, Field Engineering, Building and Code Enforcement Divisions Planning Department, Building Division Planning Department, Building Division Fire Department Police Department Measure Responsible for Na Timing Measure Monitoring Completion of Final Site Plan for review and approval for the purpose of incorporating safety measUres in the and issuance of project design including the concept of crime prevention throUgh environmental each building permit design (i.e., building design, circulation, site planning and lighting of parking structure and parking areas). Rooftop addresses shall be provided for aA parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and ' spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed. 5.9-3 Prior to the The property owner/developer shall submit plans to the Anaheim Police Department Police Department issuance of each for review and approval indicating the provision of closed circuit monitoring and building permit for a, recording or other substitute security measures as may be approved by the parking.structure : Anaheim Police Department. Said measures shall be implemented prior to final and prior to final building and zoning inspections. building and zoning . inspections 5:9-4 Pfior to the The property ownerldeveloper shall submit design plans that shall include parking Police Department issuance of each lots and parking structures with controlled access points to limit ingress and egress building permit _if de#ermined to be necessary by the Anaheim Police Department, and shall be subject to the reviews and approval of the Anaheim Police Department 5.9-5 On-going during lf the Anaheim Police Department or Anaheim Traffic Management Center (TMC) Police Department; project operation personnel are required to'provide temporary traffic control services, the property Public Works ownerldeveloper shall reimburse the City, on a fairshare basis, if applicable, for Department, Traffic reasonable costs associated with such services. Management Center TRAFFIC AND CIRCULATION 5.10-1 Prior to the Prior to the issuance of grading or building permit, whichever occurs first, for new Public Works issuance of grading development forecast to generate 100 or more peak hour trips, as determined by Department, Traffic or building permit, the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model and Transportation whichever occurs Trip Generatian Rates, theproperty owner/developer shall be required to pay the Division; Planning first City of Anaheim for atl costs associated with updating the applicable Transportation Department, Model to include the trips associated with their proposed development. This model Building Division update will be used to determine and program the extent and phasing of improvemen#s necessary to accommodate the proposed development If the model demonstrates that the proposed development will cause an intersection to operate at an unacceptable level of service (LOS "E" or "F" depending on the location), the property owner/developer shall be responsible for constructing its fair share of necessary improvements to maintain acceptable levels of service at intersections'withinAnaheim and surrounding municipalities forthe an#icipated theoretical buildout of the General Plan as identiFied in the City's Circulation Element. The Pubiic Works Department, Tra#fic and Transportation Division, and Measure . No. Timing Measure Responsible for Monitoring Completion , - Planning Department, Building Division, shall monitor these measures. 5.10-2 Prior to final building The property owner/developer shall implement and administer a comprehensive Public Works and.zoning Transportation Demand Management (TDM) program for all employees. Objectives Department, Traffic inspection and on- of the TDM program shall be: and Transportation ;: going during project ,. Increase ridesharing and use of alternative transportation modes by guests Division operation . Provide°a menu of commute afternatives for employees to reduce project- generated trips. . • Conduct an annual commuter survey to ascertain trip generation, trip origin : and Average Vehicle Ridership. Prior to final Building and Zoning inspection and on-going during project operation, the property owner/developer shall provide a menu of TDM program stra#egies and elementsforboth existing and future employees' commu#e options, to include, but not belimited to, the following: ' • On-site Services such as the food, retail, and other services be provided. • Ridesharing. Develop a commuter listing of all employee members for the ; purpose of providing a"matching" of employees with other employees who live in the same geographic areas and who could rideshare. :• Vanpooling. Develop a commuter listing of aH employees for the purpose of matching numbers of employees who live in geographic proximity to one - another and could comprise a vanpool or participate in the existing vanpool - programs. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commute rail) passes be promoted through financial assistance and on-site sales to encourage employees to use the various transit and bus senrices from throughout the region. • Shuttle Service. A commuter listing o# all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. Event shuttle service will be available for the guests. :• Bicycling: A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program, Maps of bicycle routes throughout the area be - provided.to inform potential bicyclists of these options. , • Guaranteed Ride Home Program. A program to provide employees who rideshare,-or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. • Target Reduction of Longest Commute Trip. An incentive program for ridesharing and other altemative transportation modes to put highest priority on reduction of longest employee commute trips. • Stagger work shifts. Measure Responsible for No. - Timing Measure Monitoring Completion `• Develop a"compressed workweek" program, which provides for fewer . work days but longer daily shifts as an option for employees. • Explore the possibility of a"telecommu#ing" program that would link some - employees via electronic means (e.g., computer with modem). • Develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work. . Access: Preferential access to high occupancy vehicles and shuttles may be provided. • Financial Jncentive for Ridesharing and/or Public Transit. (Currently, Federal : law provides tax-free status for up to $65 per month per employee contributions #o employees who vanpool or use public transit including commuter rail and/or express bus pools:) • Financial 7ncentive for Bicycling. Employees offered financial incentives ~or bicycling #o work. , • Special "Premium" for the Participation and Promotion of Trip Reduction. Ticketlpasses to special events, vacation, etc. be offered to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. • Design incentive programs for carpooling and other al#ernative - transportation modes so as #o put highest priority on reduction ofiongest commute trips. 5.10-3 Prior#o final The property owner/developer of office/commercial uses shall join and financially Public Works Building and Zoning participate in a clean fuel shuttle program, if established and, shall participate in the Department, Traffic ' inspections . Anaheim Transporta#ion Network/Transportation Management Association in and Transportation conjunction with the on-going operation of the project Manager 5.10-4 As determined by° • The General Plan Circulation Element and associatedPlanned Roadway Network Public Works #he Traffic and Map (Figure C-1 of the General Plan), identifies those roadways that are planned to Department, Traffic Transportation accommodate current development and future growth established by the Land Use and Transportation Division Element. As determined by the Public Works Department, Traffic and Transporta- Division tion Division, roadways will be constructed as development occurs and as funding becomes available. In addition to the roadways identified on the Planned Roadway Network Map, improvements will be necessary to maintain acceptable levels of ` service within the anticipated theoretical buildout identified in the General Plan. 5.10-5 Prior to issuance of Appropriate Traffic Signal Assessment Fees, Traffic Impact and Improvement Fees, Public Works each building permit and Platinum Triangle Impact Fees shall be paid by the property owner/developer to Department, Traffic the City of Anaheim in amounts defermined by the City Council Resolution in effect and Transportation at the time of issuance of the building permit with credit given for City-authorized _ Division; Planning improvements provided by the property owner/developer; and participate in all DepartmenUBuilding applicable reimbursemenf or benefit districts which have been established. Division Measure Responsible for Na Timing . Measure Monitoring Completion 5.10-7 : Prior to the The DSE1R analyzes all 1-5 and SR-57 ramps using the Jntersection Capacity Public Works : issuance of the first Utilization (ICU) methodologyin accordance with City ofAnaheim and County of Department, building permit . Orange traffic study requiremen#s. However, consistent with responses to Engineering Division comments set forth in FEIR No. 330 and in response to commen#s submitted by the Department of Transportation on FSEIR No. 332, the City of Anaheim shall prepare a:traffic study analyzing state transportation facilities (I-5 and SR-57 freeway intersections, including an analysis of ramp s#orage) for The Platinum Triangle prior to the issuance of the #irst building permit following certification of FSEIR No. 332 for those projects that are not vested at the time the FSEIR is certified. The traffic study shall be prepared using Highway Capacity Manual (HCM) methodology and shall be prepared to the satisfaction of the City of Anaheim Public Works _ Department and the Department of Transportation (Caltrans). The study shall identify required improvements (intersection and/or ramp improvements) to maintain adequate levels of service for Caltrans facilities (Level of Service "D") required by Caltrans (the City and Orange County Congestion Management Program requires a Level ofi Service "E") and shall identify fair share parkicipation for those improvements. Prior to the issuance of each building permit, property owner/developers shall pay fiair share fees fior the required improvements identified by the tra~c study unless another financial mechanism is adopted by the City of : Anaheim to pay for said improvements. UTILITIES AND SERVICE SYSTEMS 5.11-1 Prior to issuance of Prior to issuance of a building permit, submitted landscape plans shall demonstrate Public Utilities a building permit compliance with the City of Anaheim adopted Landscape Water Efficiency Department, Guidelines This ordinance is in compliance with the State of California Water Resource Efficiency Conservation in Landscaping Act (AB 325). Division - Among the measures to be implemented with the project are #he following: . Use of water-conserving landscape plant materials wherever feasible; _• Use of vacuums and other equipment to reduce the use of water for wash down of ex#erior areas, _ . Low-flowfiit#ings, fixtures and equipment including low flush toilets and urinals, • Use of self-closing valves for drinking foun#ains; • llse of efficient irrigation systems such as drip irrigation and automatic systems which'use moisture sensors; . Infrared sensors on sinks, toilets and urinals; • Low-flow shower heads in hotels; • In#rared sensors on drinking fountains; _ • Use of irrigation systems primarily at night, when evaporation rates are ; lowest; Measure _ Responsible for No. Timing Measure - Monitoring Completion ` ` • Water-efficient ice machines, dishwashers, clothes washers, and other _ water using appliances; • Coofing #ower recirculating system; ~ : • Use of low flow sprinkler heads in irrigation system; : • Use of wa#erway re-circulation systems; • Provide information to the public in conspicuous places regarding water conservation; and •: Use of reclaimed water for irrigation and washdown when it becomes available. ~n conjunction with submittal of landscape and building plans, the applicant shall ~ identify which of these measures have been incorporated into the plans. 5.11 2 Prior #o issuance of :~ Prior to #he issuance of the first building permit, the property owner/developer shall Public Utilities the first building provide engineering studies, including network ar~alysis, to size the water mains for Department, Water permit ultimate development within the project. This includes de#ailed water usage analysis Engineering and building plans for Public Utilities Wa#er Engineering reviews and approval in determining project water requirements and appropriate water assessment fees. 5.11-3 Prior to issuance of Prior to the issuance of the first building permit or grading permit, whichever occurs Public Utilities ` the`first building first, the property owner/developer shalt indicate on plans installation of a separate Department, Water permit or grading irrigation meter:when the total' landscaped area exceeds 2,500 square feet. (City of Engineering permit, whichever Anaheim Water Conservation Measures) _ Division; Planning occurs first . Department, . ' Building Division 5.11-4 Prior to-issuance of Prior to the issuance of the first building permit or grading permit, whichever occurs Public Utilities - the first building first, the property owner/developer sfiall comply with Rule 15D of the Water Utilities Department, Water permit or grading Rates, Rules, and Regulations. Rule 15D shall be amended to include construction Engineering permit, whichever of a new well with a minirxium 1,500 GPM capacity within The Platinum Triangle. Division; Planning occurs #irst ~ Department, Building Division 5.11-5 Prior to approval of The City Engineer shall review the location of each project to determine if it is Public Works a final subdivision located within an area served by deficient sewer facilities, as identified in The Department, map or issuance of Platinum Triangle Sewer S#udy. lf the project will increase sewer flows beyond those Engineering a grading .or building programmed in the appropriate master plan sewer study for the area or if the project Division; Planning permit, whichever: currently discharges to an existing deficient sewer system or will create a deficiency Department, occurs #irst in an existing sewerline, the property owner/developer shall be required to Building Division guarantee.mitiga#ion of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be : required #o install the sanitary sewer facilities, as required by the City Engineer to 'mitigate the impacts of the proposed development based upon the Benefit Parcels and Development Mitigation (Appendix D of The Platinum Triangle Sewer Study), prior to acceptance for maintenance of public improvements by the City or final Measure Responsible for ` : Na Timing Measure ` Monitoring Completion _ Building and Zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participatE in the Infrastructure - Improvement (Fee) Program, if adop#ed for the Project Area, as determined by the City Engineer, which could include fees, credits, reimbursements, construction, or a combination thereof. 5:1 ~-7 Prior to the approval Prior to the approval and ongoing during construction of any street improvement Public Works and on-going during pians within The Platinum Triangle which encompass area(s) where OCSD will be Department, construction upsizing trunk lines and/or are making other improvements, the City and/or prope~ty Sanitation Division owner/developer shall coordinate with the OCSD to ensure that all improvements and construction schedules are coordinated. 5.11-8 Priorto issuance of The property owner/developer shall submit project plans to the Streets and Public Works each building : Sanitation Division of the Public alVorks Departmer~t for review and approval to Department, permit; to be ensure that the pians comply with A6939, and the Solid Waste Reduction Act of Sanitation Division implemented prior 1989, and the County of Orange and City of Anaheim Integrated Waste to final building and Management Plans as administered by the City of Anaheim. Implementation of said zoning inspections plan shall commence upon occupancy and shall remain in full effect as required by : the Street and Sanitation Division and may include, at its discretion, the following _ plan components: . Detailing the locations and design of on-site recycling facilities. . Providing on-site recycling receptacles to encourage recycling. • Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. • Facilitating cardboard recycling (especially in retail areas) by providing ' adequate space and centralized locations for collection and bailing. . Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection .. Providing on-site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patrons where . feasible. _ . Prohibiting curbside pick-up. . Ensuring hazardous materials disposal complies with Federal, State, and city regulations. Measure : Responsible for _ No. Timing Measure Monitoring Completion 5.1:1-9 On-going during The following practices shall be implemented, as feasible, by the property Public Works . project operations owner/developer: Department, . Usage of recycled paper products fior stationery, Iet#erhead, and packaging. Sanitation Division • Recovery of materials, such as aiuminum and cardboard. . • Coilection of office paper for recycling. '• Collection of glass; plastics, kitchen grease, laser printer toner cartridges, oil,:batteries and scrap metal for recycling or recovery. 5.11-11 Prior to the The'property owner/developer shall submit plans showing that each structure will Public Utilities AND issuance of ~ach comply,with the State Energy Efficiency Standards for Nonresidential Buildings (Title Department, 5.11-14 building permit - 24, Part 6, Article 2, Califomia Code of Regulations) and will consult with the City of Resource Efficiency (5:11-14 Anaheim Public-Utilities Resource Efficiency Division in order to review Title 24 Division is a measures prior to each final Building and Zoning inspection to incorporate into the duplicate project design including energy efficient designs. This consuttation shall take place of 5.11- during project design to incorporate into the project design energy efficiency and 11 in allow potential systems alternatives such as thermal energy storage air-conditioning MMP106 and building envelope options. A) 5.11-12 Prior to issuance of In order to conserve energy, the property owner/developer shall implement energy- Public Utilities each building permit saving practices in compliance with Title 10, which may include the following: Department, • High-efficiency air-conditioning with EMS (computer) controL Resource Efficiency Division; Planning . Variable Air Volume (VAV) air distribution. Department, : • Outside air (100 percent) economizer cycle. Building Division • Staged compressors or variable speed drives to flow varying thermai loads. . Isolated NVAC zone control by floors/separable activity areas. • Specification of premium-efficiency electric motors (i.e., compressor '> motors, air-handling units, and fan-coil units). : . Use of occupancy sensors in appropriate spaces. . Use of compact fluorescent lamps in place of incandescent lamps. • Use of T-8 lamps and etectronic ballasts where applications of standard fluorescent fixtures are identified. `. • Use of ine#al-halide or high-pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. : -• Consideration of thermal energy storage air conditioning for hotel buildings, meeting facilities, theaters, or other intermittent-use spaces or facilities that may require air-conditioning during summer, day-peak periods. • Consideration for participation in Resource Efficiency's Programs such as: •_ New Construction Design Review,. in which the City cost-shares engineering fees far design of energy efficient buildings and systems. • Energy Sale for New Construction - Cash incentives ($150 to $400 per kW reduction in load) fior efficiency that exceeds Ti#le 24 requirements. Measure Responsible for Na Timing Measure Monitoring' Completion . Thermal Energy Storage Feasibility Study - Cost sharing of up to $S,OOO,for the feasibility study of TES applied to new facilities. 5:11-13 Prior to issuance of For any buildings requiring a change in electrical service; the property Public Utilities - each building permit- owner/developer shall insfall an underground electricaa service from the Public Department, Utilities Distribution System: The Underground Service will be installed in Electrical : accordance with the ElectricRuies, Rates, Regulations and Electrical Specifications Engineering for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in :accordance with the Electric Rules, Rates, Regulations and Electrical : Specifications for Underground Systems.