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RES-2022-102 RESOLUTION NO. 2 0 2 2_1 0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING FINAL SITE PLAN NO. 2020-00006 OF THE MASTER SITE PLAN APPROVED IN CONNECTION WITH DEVELOPMENT AGREEMENT NO. 2020-00004 (FINAL SITE PLAN NO. 2020-00006) (DEV2020-00125) WHEREAS,the City of Anaheim received a verified petition for the approval of Final Site Plan No. 2020-00006 which encompasses approximately 1.64 acres north of Katella Avenue in the Arena District, Sub-Area C,to construct 33,830 s.f. of commercial uses including a new lobby entrance to the west side of the Honda Center, retail shops, and, restaurants with indoor and outdoor dining areas of the proposed Master Site Plan in Development Agreement No.2020-00004 for certain real property generally bounded by State Route 57 (SR-57) to the west, (excluding the parcel at the southwest corner of Katella Avenue and Douglass Road),the Santa Ana River to the east, the confluence of the SR-57 and Santa Ana River to the south, and the Southern California Edison easement to the north in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); 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,the Property is approximately 100 acres in size including 89 acres located in the "PR" Public Recreation, "SP" Semi-Public, "O-L" Low Intensity Office, and "I" Industrial zones in the Platinum Triangle Mixed Use (PTMU) Overlay Zone and approximately 8 acres located in the "C-G" General Commercial zone. The development standards and regulations of Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the "Code") shall apply to the Proposed Project subject to approval of Reclassification No. 2020-00333, now pending. The Property is designated on the Land Use Element of the General Plan for Mixed-Use Urban Core land uses; and WHEREAS, Final Site Plan No. 2020-00006 is proposed in conjunction with a request to construct 1,922,776 square feet (s.f.) of commercial uses including entertainment and commercial indoor and outdoor recreation venues (including new indoor and outdoor live performance theaters, bars and nightclubs, bowling lanes, dancing venues, an amphitheater and outdoor seasonal events), retail, and restaurant uses including the existing Honda Center; 961,055 s.f. of office uses including the existing Arena Corporate Center; 250,000 s.f. of institutional uses including the existing Anaheim Regional Transportation Intermodal Center (ARTIC); 1,500 residential dwelling units including 195 affordable dwelling units proposed in connection with a Density Bonus request;parks and open space including a new public park(Meadow Park);parking areas; pedestrian bridges crossing Katella Avenue and Douglass Road; and, changes to the roadway network(including a new public street between Katella Avenue and Ball Road proposed to be named River Road,the abandonment of Douglass Road between Katella Avenue and Cerritos Avenue and new private streets). To that end,the Owner has requested the following entitlements: 1. To amend the General Plan Land Use, Circulation and Green Elements to change the designation of parcels located north of Katella Avenue from Office-Low (approximately 31 acres) and Open Space (approximately 8 acres) to Mixed-Use Urban Core; modify the total amount of development permitted in the Platinum Triangle to increase the amount of residential development to 17,840 dwelling units, increase the amount of commercial development to 6,195,019 s.f., decrease the amount of office development to 11,659,338 s.f. and decrease the amount of institutional development to 250,000 s.f.; remove a portion of Douglass Road between Katella Avenue and Cerritos Avenue; add a new street named River Road between Katella Avenue and Ball Road(this includes Phoenix Club Drive south of Ball Road which is proposed to be renamed River Road); add a new approximately 4-acre Public Park (Meadow Park); amend the Bicycle Master Plan to reflect bicycle facility changes associated with the proposed removal and addition of streets;and,revise maps, figures,text,and tables throughout the General Plan to reflect these changes("General Plan Amendment No. 2020-00532"); 2. An amendment to the PTMLUP to rename the ARTIC District to the Transit District; expand the boundaries of the Platinum Triangle Mixed Use (PTMU) Overlay Zone by approximately 8 acres, change boundaries of the ARTIC (Transit), Katella Sub-Area D, Office and Arena Districts; modify the permitted amount of development within the PTMU Overlay Zone to up to 17,840 residential dwelling units, 6,195,019 s.f. of commercial development, 11,659,338 s.f. of office development and 250,000 s.f. of institutional development;add a new appendix for the ocV!BE Sign and Identity Program; and, revise figures,text, and tables throughout the PTMLUP associated with this request ("Miscellaneous Case No. 2020-00739"); 3. A Reclassification to reclassify parcels to apply the Platinum Triangle Mixed Use(PTMU)Overlay Zone to the existing C-G(General Commercial) Zone on approximately 8 acres, within the proposed Arena District north of Katella Avenue. ("Reclassification No. 2020-00333"); 4. A Zoning Code Amendment to modify Chapter 18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone); Chapter 18.38 (Supplemental Use Regulations); Chapter 18.40 (General Development Standards); Chapter 18.60 (Procedures)and,Chapter 18.62(Administrative Reviews).The proposed amendments are to amend use classifications, District names, development intensities, development standards, and procedures to allow development within the Arena and Transit Districts in the Platinum Triangle Mixed Use Overlay Zone ("Zoning Code Amendment No. 2020-00174"); 5. A Development Agreement between the City of Anaheim and Anaheim Real Estate Partners, LLC including a Master Site Plan(Miscellaneous Case -2 - No. 2020-00751) and a request for Density Bonus and Development Incentives pursuant to Chapter 18.52 (Housing Incentives) of the Anaheim Municipal Code ("Development Agreement No. 2020-00004"); 6. A Final Site Plan which encompasses approximately 10.23 acres north of Katella Avenue in the Arena District, Sub-Area B, to construct two six-level parking structures (Parking Decks B and C) with 4,538 parking spaces and a 12,885 s.f., three-story security hub for police and security office space ("Final Site Plan No. 2020-00004"); 7. A Final Site Plan which encompasses approximately 5.93 acres north of Katella Avenue in the Arena District, Sub-Area B, to construct 221,413 sf of commercial uses including an indoor live performance theater and outdoor entertainment areas; office, retail, and indoor and outdoor restaurant space; a private Urban Park (plaza); and, an outdoor Paseo (pedestrian corridor) adjacent to the Urban Park and Honda Center("Final Site Plan No. 2020-00005"); 8. A Final Site Plan which encompasses approximately 1.64 acres north of Katella Avenue in the Arena District, Sub-Area C, to construct 33,830 s.f. of commercial uses including a new lobby entrance to the west side of the Honda Center, retail shops,and,restaurants with indoor and outdoor dining areas("Final Site Plan No. 2020-00006"); 9. A Final Site Plan which encompasses approximately 2.93 acres north of Katella Avenue,east of the Honda Center, and adjacent to the new public road (River Road) in the Arena District, Sub-Area C, to construct a five-level parking structure (Parking Deck D) with 1,190 parking spaces ("Final Site Plan No. 2020- 00007"); 10. A Final Site Plan which encompasses approximately 7.77 acres within the Southern California Edison easement,adjacent to Phoenix Club Drive(to be renamed River Road)in the Arena District, Sub-Area A,to construct a surface parking lot with approximately 938 employee parking spaces ("Final Site Plan No. 2020- 00008"); 11. An amendment to the conditional use permit relating to parking and circulation for the Anaheim Regional Transportation Intermodal Center ("ARTIC") (Conditional Use Permit No. 2010-05492"); 12. A conditional use permit to permit the following conditionally permitted uses within the Property including Alcoholic Beverage Manufacturing, Alcoholic Beverage Sales-Off-Sale and On-Sale, Bars and Nightclubs, Entertainment Venues,Recreation Commercial-Outdoor and-Indoor,Retail Sales-Outdoor,and Wine Bar("Conditional Use Permit"); - 3 - 13. A minor conditional use permit to permit the ocV!BE Coordinated Sign Program, Murals, and Valet Parking("Minor Conditional Use Permit"); and 14. A tentative tract map which encompasses approximately 70.7 acres north of Katella Avenue in the Arena District, to subdivide existing lots into 16 numbered lots (including two air-space lots) for the purpose of commercial development and seven lettered lots for private streets (Douglass Road, Stanley Cup Way, and Cerritos Avenue) including landscape areas, and to dedicate public streets right-of-way(Katella Avenue and River Road) ("Tentative Tract Map No. 19153"). WHEREAS, General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020-00739, Reclassification No. 2020-00333, Zoning Code Amendment No. 2020-00174, Miscellaneous Case No. 2020-00751, Development Agreement No. 2020-00004, Final Site Plan No. 2020-00004,Final Site Plan No. 2020-00005,Final Site Plan No. 2020-00006,Final Site Plan No. 2020-00007, Final Site Plan No. 2020-00008, Conditional Use Permit No. 2010-05492, Conditional Use Permit,Minor Conditional Use Permit, and Tentative Tract Map No. 19153 shall be referred to herein collectively as the "Proposed Project"; 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 provision 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. 2020-00532, Zoning Code Amendment No. 2020-00174,Miscellaneous Case No. 2020-00739 and Development Agreement No. 2020-00004 requires City Council review and approval, the City Council, rather than the Planning Commission, is the granting authority for proposed Final Site Plan No. 2020-00006; and WHEREAS, on August 29, 2022, the Planning 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 Project (including proposed Final Site Plan No. 2020-00006) and to investigate and make findings in connection therewith; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2022-080, PC2022-081, and PC2022-082, summary of evidence,report of findings and recommendations of the Planning Commission, the City Council did fix the 27th day of September, 2022, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the -4 - Proposed Project and for the purpose of considering Addendum No. 11, 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 resolutions concurrently with,but prior to,the adoption of this Resolution, the City Council approved General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020-00739, Zoning Code Amendment No. 2020-00174, Development Agreement No. 2020-00004, Reclassification No. 2020-00333, the proposed Master Site Plan, Tentative Tract Map No. 19153; and WHEREAS,by Resolution No. 2022- 0 9 7,considered and approved by the City Council concurrently with but prior in time to consideration of this resolution,the City Council found and determined that (i) Addendum No. 11 was prepared for the Proposed Project in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedures; (ii) Addendum No. 11 to Final Subsequent Environmental Impact Report (FSEIR No. 339), Mitigation Monitoring Program No. 106C (MMP 106C) adopted for FSEIR No. 339, and Mitigation Monitoring Plan No. 383 (MMP No. 383), together with the previously approved environmental documents for development in the Platinum Triangle is the appropriate environmental documentation for the Proposed Project; (iii) none of the conditions described in Section 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or negative declaration have occurred in connection with the Proposed Project; and (iv) no further documentation needs to be prepared for CEQA for this resolution, as found and recommended by the Planning Commission in Resolution 2022-079. WHEREAS, after careful consideration of proposed Final Site Plan No. 2020-00006 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. 2020-00006, 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. 2020-00174, 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. 2020-00739; 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. 2020-00006, Addendum No. 11 of FSEIR No. 339 including MMP No. 383, and the evidence received to date, does hereby approve Final Site Plan No. 2020-00006, in the form presented at the meeting at which this Resolution is adopted, - 5 - contingent upon and subject to the approval of(1) General Plan Amendment No. 2020-00532, Miscellaneous Case No. 2020-00739, Zoning Code Amendment No. 2020-00174, Development Agreement No. 2020-00004,the proposed Master Site Plan, and Tentative Tract Map No. 19153, (2) the mitigation measures set forth in Mitigation Monitoring Program 106C approved in conjunction with FSEIR No. 339 and Mitigation Monitoring Plan No. 383 for the Proposed 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 Development Agreement No. 2020-00004. 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 27th day of September, 2022, by the following roll call vote: AYES: Mayor Pro Tem O 'Neil and Council Members Diaz , Ma ' ae, Moreno, Valencia and Faessel NOES: None ABSENT: None ABSTAIN: None [Mayoral vacancy) CITY OF ANAHEIM MAYO PRO TEM OF THE CITY OF ANAHEIM A T: r ERK OF THE CITY OF ANAHEIM - 6 - EXHIBIT "A" DEV NO. 2020-00125 APN: 386-521-14,386-521-17,253-631-27, 253-631-29,253-631-28,253-521-30,253-601-04, 253-591-01, 253-521-32,253-521-34, 386-521-16, 386-521-20,232-072-09,232-072-07, 232-071-03,232-072-06,375-311-27,253-521-36,253-521-35,253-521-37,253-521-33, 253-521-31,253-521-17,253-601-03,253-601-02 _ S_SANDERSONIJ f wiNSTO y RD AVE')/ L.2�. O/m II( a 'J N r r 55� °i 665' N N t—. N 1189' N 1620' Y CER11:Cr ACE yV1 / , g ., x u v) z• Ent /1/1 ...■ • d c ovlq a , 'Ji ♦ .� 1396' E KATELLA AVE o �I in 679'' i `,,11k 257' M L, N I \, .p \ 458, f L.--...."-----: �\ 1 O D G ° Source:Recorded Tract Maps and/or City GIS. Please note the accuracy is+/-two to five feet. Fee: EXHIBIT "B" CONDITIONS OF APPROVAL FOR FINAL SITE PLAN PLAN NO. 2020-00006 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF FINAL SITE PLAN 1 Where adjacent uses are deemed to be shadow sensitive (e.g., Planning and residential, recreational, and pedestrian areas), the property Building owner/developer for future development projects shall Department, demonstrate that the Proposed Project would not preclude Planning Services shadow sensitive receptors' exposure to natural sunlight for at Division least 50 percent of duration for the season,for at least 50 percent of the shade-sensitive area, to the satisfaction of the Planning Director. 2 Prior to approval of each Final Site Plan, the property Planning and owner/developer shall submit the anticipated construction Building schedule for each of the remaining project components by Department, development phase; and that an updated schedule shall be Planning Services submitted to the Planning Department every six(6)months until Division the project is completed,or as deemed necessary by the Planning Department. 3 Prior to approval of each Final Site Plan, plans shall show how Planning and all on-site service and loading area operations shall be screened Building from the public rights-of-way to the satisfaction of the Planning Department, Department. Planning Services Division PRIOR TO ISSUANCE OF GRADING PERMITS 4 Prior to commencement of grading or demolition, the Planning Planning and Director shall verify that all project grading and construction plans Building include specific documentation regarding the requirements of the Department, Migratory Bird Treaty Act (MBTA) (16 United States Code planning Services Section 703-712)and California Department of Fish and Wildlife Division Game Code 3503. To be in compliance with applicable nesting bird protections, if construction activities occur during the nesting bird season(February through August)prior to the commencement of tree removal, the site shall be surveyed for active nests by a qualified biologist. The purpose of the nesting bird survey is to ensure compliance with applicable aspects of the MBTA, that preconstruction surveys have been completed and the results reviewed by staff, and that the appropriate buffers (if needed) are established in the field with visible fencing. Should nesting birds be found, an exclusionary buffer shall be established by the qualified biologist, based on consideration of the bird species,the stage of nesting, and the nature of the adjacent construction activity.This buffer shall be clearly marked in the field with visible fencing by construction personnel under the guidance of the qualified biologist, and construction or clearing shall not be conducted within this zone until the qualified biologist determines that the young have fledged or the nest is no longer active. 5 Prior to the issuance of any grading permit in which native soil, Planning and as identified by the geotechnical report prepared for the project, Building is disturbed, the property owner/developer or contractor as Department, designee shall provide evidence in the form of an executed planning Services Agreement to the City of Anaheim Planning and Building Division department that they have retained a qualified Native American tribal monitor to provide third-party monitoring during excavation and grading activities in native sediment and to recover and catalogue tribal resources as necessary. The tribal monitor shall be from or approved by the Gabrieleno Band of Mission Indians—Kizh Nation. The agreement shall include (i) professional qualifications of Native American monitor; (ii) detailed scope of services to be provided including but not limited to pre-construction education, observation, evaluation, protection, salvage, notification, and/or curation requirements, as applicable, with final documentation/report to Public Works Inspector; (iii) contact information; (iv) communication protocols between Contractor and Monitor for scheduling to facilitate timely performance;(v)acknowledgement that if tribal monitor is unavailable or unresponsive based on terms stipulated in the agreement, property owner/developer or contractor as designee may contract with another qualified tribal monitor acceptable to the City. The selection of the qualified professional(s) shall be subject to City acceptance based on generally accepted professional qualifications and certifications, as applicable. The cover sheet of the grading plans shall include a note to identify that that third-party tribal monitoring is required during excavation and grading activities in accordance with City-approved Agreement. Contact information for approved tribal monitor shall be provided by contractor to City inspector at pre-construction meeting. 6 The Owner/Developer shall submit a set of improvement plans Public Utilities, for Public Utilities Water Engineering review and approval in Water determining the conditions necessary for providing water service Engineering to the project. Division 7 Prepare and submit final grading plan(s) showing the building Public Works, footprints, pad elevations, finished floors, finished grades, Development drainage routes, retaining walls, erosion control, slope Services Division easements and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 8 Prepare and submit a final drainage study, including supporting Public Works, hydraulic and hydrological data to the City of Anaheim for Development review and approval. The study shall confirm or recommend Services Division changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build-out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage-mitigating measures including but not limited to offsite storm drains and interim detention facilities. 9 The developer shall execute a Save Harmless Agreement with Public Works, the City of Anaheim for any storm drain connections to a City Development storm drain system. The agreement shall be recorded by the Services Division applicant on the property prior to the issuance of any permits. 10 All required plans and studies shall be prepared by a Registered Public Works, Professional Engineer. Development Services Division 11 The OWNER shall obtain the required coverage under Public Works, California's General Permit for Stormwater Discharges Development associated with Construction Activity by providing a copy of the Services Division Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 12 Submit the Final Water Quality Management Plan (WQMP) to Public Works, the City for review and approval.The WQMP shall be consistent Development with the requirements of Section 7 and Exhibit 7.II of the Orange Services Division County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects; identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long- term implementation of and compliance with the defined BMPs. 13 Submit a Geotechnical Report prepared by a Registered Public Works, Geotechnical Engineer to the Public Works Development Development Services Division for review and approval. The report shall Services Division address any proposed infiltration features of the WQMP. In addition to the condition provided below: 1. Section 3.9 Infiltration Systems: Based on the boring data provided,the lithology varies considerably within the upper 15 to 20 feet across the site. Impeding layers were encountered in some borings but not others and the depth to such impeding layers varies. As such, the lithology appears to consist of occasional lenticular layers of silts and clays within a mostly granular zone. Historical depth to ground water also varies from 10 to 30 feet within the boundaries of the site. Given the general site conditions, infiltration appears to be feasible in portions of the site. However,in the absence of a specific location and BMP type for infiltration, acceptance of preliminary infiltration parameters are not feasible. A more detail site investigation and analyses will be required for project design at the time that documents for a grading permit are submitted to the city. Until then, the recommendations for the depth and infiltration rate of BMP's provided in the report are not accepted. 14 The Developer/Owner shall be responsible to obtain all the Public Works, necessary authorization and permits from the appropriate Development agencies including, but not limited to, California Department of Services Division Transportation (CALTRANS), Orange County Flood Control District(OCFCD), and Union Pacific Railroad (UPRR) that are impacted by the grading permit limits and pay all the costs associated with the application requests. Applicant shall submit to the City of Anaheim a copy of the approved permit and/or other form of authorization from the said agencies. 15 The Developer/Owner shall enter into an agreement with the Public Works, City of Anaheim to preserve the existing public sewer system in Development Douglass Road as public System until such a time that an Services Division approved rerouting of the public sewer system into the new proposed sewer system in River Road to divert the flow has been constructed and accepted by the City. 16 The Developer/Owner shall enter into an acceptance agreement Public Works, with the City for accepting certain amount of storm water flow Development from Cerritos Avenue (Public Street north of Douglass Road) Services Division onto private street and private facilities due to street design limitation to meet acceptable street grades and cross flows at the intersection of Cerritos Avenue and Douglass Road. PRIOR TO ISSUANCE OF BUILDING PERMITS 17 Demolition work and new construction work shall require that Fire and Rescue provisions of California Fire Code Chapter 33 shall be complied Department with. This shall include a wireless fire and evacuation safety system to be used for all construction/demolition operations for all phases of this project. 18 A private water system with separate water service for fire Public Utilities, protection and domestic water shall be provided and shown on Water Engineering plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 19 All backflow equipment shall be located above ground outside Public Utilities, of the street setback area in a manner fully screened from all Water public streets and alleys. Any backflow assemblies currently Engineering installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 20 All requests for new water services,backflow equipment,or fire Public Utilities, lines,as well as any modifications,relocations,or abandonments Water of existing water services, backflow equipment, and fire lines, Engineering shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 21 All existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water Water service and/or fire line that does not meet current standards shall Engineering be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 22 The Owner shall irrevocably offer to dedicate to the City of Public Utilities, Anaheim (i) an easement for all large domestic above-ground Water water meters and fire hydrants, including a five (5)-foot wide Engineering easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement, and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the maintenance covenant for the project. 23 The Owner/Developer shall submit a water system master plan, Public Utilities, including a hydraulic distribution network analysis, for Public Water Utilities Water Engineering review and approval. The master Engineering plan shall demonstrate the adequacy of the proposed on-site and off-site water improvements to meet the project's water demands and fire protection requirements. If development is to be constructed in more than one phase, the master plan shall include a phasing plan with supporting hydraulic network analysis for the various phases showing that any proposed incremental phasing is adequate to provide municipal demands 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 the Project. 24 The Owner/Developer shall submit to the Public Utilities Public Utilities, Department Water Engineering Division an estimate of the Water maximum fire flow rate and maximum day and peak hour water Engineering demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 25 Water improvement plans shall be submitted to the Water Public Utilities, Engineering Division for approval and a performance bond in Water the amount approved by the City Engineer and form approved Engineering by City Attorney shall be posted with the City of Anaheim. 26 Individual water service and/or fire line connections will be Public Utilities, required for each parcel or residential, commercial, industrial Water unit per Rule 18 of the City of Anaheim's Water Rates, Rules Engineering and Regulations. Services may be installed during the parcel's applicable phase. 27 Applicant shall contact Water Engineering for recycled water Public Utilities, system requirements and specific water conservation measures Water to be incorporated into the building and landscape construction Engineering plans. All proposed irrigation system shall be installed as recycled water ready. 28 Prior to issuance of a sign permit, plans shall demonstrate that Planning and signs located adjacent to a driveway,which exceed 24-inches in Building height, are located outside of the vehicle line-of-sight triangle. Department, Planning Services Division 29 Prior to issuance of building permits, the property Planning and owner/developer shall document on building plans, to the Building satisfaction of the Planning Department, Planning Services Department, Division, that all air conditioning facilities and other roof and Planning Services ground mounted equipment shall be shielded from public view Division as required by The Platinum Triangle Mixed Use Overlay Zone and the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. That as part of final building and zoning inspections, compliance shall be verified. Additionally, all exterior appurtenances such as conduits shall be minimized and integrated into the structure; and that any rain gutters, downspouts, and vents shall be finished to match the building materials and/or colors. 30 Prior to approval of each Final Site Plan and prior to issuance of Police each building permit, the Anaheim Police Department shall Department review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. 31 Prior to issuance of building permits for parking structures,plans Police submitted for building permits shall be approved by the Police Department Department to ensure that safety and security measures are incorporated, including the use of bidirectional antennae to insure performance of public safety radio communications equipment (800 Mhz) in eighty-five percent (85%) of any structure or developed area, or in compliance with public safety radio system coverage requirements in effect at the time of the issuance of building permits. Prior to final building and zoning inspections, installation of required antennae shall be verified. 32 Proposed private improvements that will encroach onto the Public Works, public right of way will require the applicant to enter into an Development Encroachment License Agreement with the City as approved by Services Division the City Engineer and Director of Public Works. 33 The developer/applicant shall be responsible to pay all fees Public Works, associated with obtaining the necessary easements, permits and Development the construction of the required improvements along TTM19153 Services Division limit and beyond the tentative tract limits. 34 Record Final Map No. 19153 pursuant to the Subdivision Map Public Works. Act and in accordance with the City Code. The City Engineer Development may determine that the project is in substantial conformance Services Division with the condition and may, at his own discretion, release the building permit for the Parking Structures and Security Hub prior to the map recordation providing compliance with the State and local laws and that the proposed buildings do not conflict with any existing or proposed property lines. Provide a duplicate photo Mylar of the recorded map to the City Engineer's office. 35 The legal property owner shall irrevocably offer to dedicate to Public Works, the City of Anaheim as an easement for road, public utility and Development other public purposes and meeting all requirements of the Services Division Platinum Triangle Implementation Plan, City Standards, approved Traffic Study, and approved Tentative Tract Map 19153 as described below: 1. A 15-foot wide dedication is required along the north side of Katella Avenue from west of Douglass Road to Parking Deck B Private Drive to achieve the half width ultimate right- of-way of 90 feet 2. A 1-foot wide dedication is required along the north side of Katella Avenue from east of Douglass Road to River Road to achieve the half width ultimate right-of-way of 90 feet 3. A 90-foot dedication is required along the easterly side of the project property adjacent to the Santa Ana River to construct new public street River Rd from Katella Avenue to Cerritos Avenue 4. A variable width of dedication is required along River Road from Cerritos Avenue to Ball Road to achieve the full width ultimate right-of-way of 90 feet. In addition to the right- of-way along the Employee Parking Lot for a right-turn lane, as shown on the approved Master Site Plan and Final Site Plan. 5. Corner cutoff deductions are required at the following intersections: 57 freeway off ramp/Parking Deck B Private Drive and Katella Avenue, River Road and Katella Avenue, River Road and Stanley Cup Way, River Road and Cerritos Avenue, and Douglass Road and Stanley Cup Way 6. Corner cutoff is required at the southeast corner of River Road and Ball Road 7. Corner cutoff deductions are required at the main driveway entrances on Stanley Cup Way at Private Drive 'A' and River Road at Private Drive `B' 36 The Developer/Owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim a 5-foot wide sidewalk easement behind the Development ultimate right-of-way line along the south side of Katella Services Division Avenue between east of Douglass Road and west of the Pedestrian Bridge for public pedestrian access, as shown on TTM19153 for the purpose of the Pedestrian Bridge landing. 37 The Developer/Owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim public access easements for emergency Development services, solid waste/trash collection, vehicular and pedestrian Services Division for public use along the following interior private streets: Douglass Road/Lots C&D, Stanley Cup Way/Lots C&E, Cerritos Avenue/Lot F, and Private Drive located on Lot 1 between Katella Avenue and Stanley Cup Way, from property line to property line, as shown on the TTM19153. 38 All Landscape plans shall comply with the City of Anaheim Public Works, adopted Landscape Water Efficiency Guidelines.This ordinance Development Services Division complies with the State of California Model Water Efficient Landscape Ordinance (AV 1881). 39 Provide a pad certification report from the project Soils Engineer Public Works, certifying that the building pad has been compacted in Development accordance with the Anaheim Municipal Code. Services Division 40 The developer shall submit street improvement, landscape, and Public Works, irrigation plans for all work performed in the public right-of-way Development to the Public Works Department for review. The developer shall Services Division submit a cost estimate and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way. Street improvements shall be constructed in accordance with the City of Anaheim street improvements standards and requirements, the approved Tentative Tract Map 19153, and as determined by the approved Traffic Study and approved by the City Engineer. Such improvements may include, but not be limited to the following: 1. The developer shall construct new River Road from Katella Avenue to Ball Road including curb & gutter, cycle track, sidewalk,parkway landscaping, and utilities. 2. Street improvements along Katella Avenue shall include raised medians, curb & gutter, sidewalk, parkway landscaping, and utilities. 3. The developer shall construct new Stanley Cup Way from Douglass Road to River Road including the construction of curb& gutter, sidewalk, parkway landscaping, and utilities. 4. The developer shall construct new Cerritos Avenue from Douglass Road to River Road including the construction of curb & gutter, cycle track, sidewalk, parkway landscaping, and utilities. 5. Street improvements along Douglass Road from Cerritos Avenue to Stanley Cup Way shall include the intersection and pork-chop island, curb & gutter, cycle track, sidewalk,parkway landscaping, and utilities. 41 A Right-of-Way Construction Permit shall be obtained from the Public Works, Development Services Division for all work performed in the Development public right-of-way. Services Division 42 That curbs adjacent to the drive aisles shall be painted red to Public Works, prohibit parallel parking in the drive aisles. Red curb locations Traffic shall be clearly labeled on building plans Engineering 43 Prior to the issuance of a building permit, the applicant shall Public Works, submit a draft maintenance covenant that are prepared by an Traffic authorized professional for review and approval by the City Engineering Engineer, Planning Director, and City Attorney, which will generally provide for the following: • A requirement that residents shall use designated parking area, including garages, only for the parking of vehicles. • A provision that parking garages are subject to inspection by the Association or City of Anaheim staff. • A provision requiring that proposed amendments to the maintenance covenant shall be submitted for review to the City Engineer, Planning and Building Director or designee, and shall be approved by the City Attorney prior to the amendment being valid. • A provision that the City is a third-party beneficiary to the maintenance covenant and has the right,but not the obligation,to enforce any of the provisions of the maintenance covenant relative to common area and utility maintenance, Water Quality Management Plan, and internal parking. 44 That prior to issuance of building permits, plans shall Public Works. specifically indicate that all vehicular ramps and grades conform Traffic to all applicable Engineering Standards. Engineering 45 The Developer/Owner shall submit improvement plans for all Public Works, improvements identified/required in the approved Traffic Study Traffic for the ocV!be Master Site Plan dated August 2022 in Engineering accordance with City standards and specifications. Public and private street improvements shall meet all City standards and requirements including Platinum Triangle Implementation plan and the Traffic Study, unless otherwise approved through a deviation request. 46 Prior to the issuance of building permits, the property Public Works, owner/developer shall pay the fair share to improve the Traffic intersection of Phoenix Club Drive/Ball Road intersection as Engineering identified/required in the approved Traffic Study for the ocV!be Master Site Plan dated August 2022. Owner/developer shall determine/estimate right-of-way cost and construction cost of improvements needed and shall submit to the City for review and approval. Owner/developer then shall pay fair share cost based on the percentage identified in the approved Traffic Study and the estimate approved by the City. 47 Prior to the first final building and zoning inspection, the Public Works, Property Owner/Developer shall enter into an agreement with Traffic the City of Anaheim for the ongoing operations and maintenance Engineering (O& M) of all shared traffic signals, subject to approval by the City Attorney's office. Traffic Signal Maintenance costs include preventative or extraordinary maintenance, unrecoverable damages and electrical costs. The City of Anaheim will bill for these costs on a regular basis. Said maintenance cost shall be based on private vs. public access legs of the traffic signal and the total signal operations and maintenance (O&M) cost. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 48 Per California Water Code, Division 1, Chapter 8, Article 5, Public Utilities, Section 537-537.5) as amended by Senate Bill 7, water Water submetering shall be furnished and installed by the Engineering Owner/Developer and a water submeter shall be installed to each individual unit. Provisions for the ongoing maintenance and operation(including meter billing)of the submeters shall be the responsibility of the Owner and included and recorded in the maintenance covenant for the project. 49 For each phase of the project the Owner/Developer shall install Public Utilities, an approved backflow prevention assembly on the water service Water connection(s) serving the property, behind property line and Engineering building setback in accordance with Public Utilities Department Water Engineering Division requirements. 50 Provide a certificate, from the project Registered Civil Engineer Public Works, of Record, certifying that the grading has been completed in Development accordance with the City approved grading plan and is in full Services Division compliance with the Anaheim Municipal Code. 51 All public improvements as shown in the approved TTM19153 Public Works, and approved Traffic Study shall be constructed by the Development developer, inspected, and accepted by Construction Services Services Division prior to final building and zoning inspection. 52 All remaining fees/deposits required by Public Works Public Works, Department must be paid in full. Development Services Division 53 Set all Monuments in accordance with the final map and submit Public Works, all centerline ties to Public Works Department.Any monuments Development damaged as a result of construction shall be reset to the Services Division satisfaction of the City Engineer. 54 Record Drawings and As-Built plans shall be submitted for Public Works, review and approval to the Public Works Department. Development Services Division 55 All public improvements identified/required in the approved Public Works, Traffic Study for the ocV!be Master Site Plan dated August 2022 Traffic shall be constructed by the developer, inspected and accepted by Engineering Construction Services prior to final building and zoning inspection. 56 That prior to final building and zoning inspection,fire lanes shall Public Works, be posted with "No Parking Any Time." Said information shall Traffic be specifically shown on plans submitted for building permits. Engineering 57 Prior to final building and zoning inspections, a licensed Planning and landscape architect shall certify to the Planning Department, Building Planning Services Division that all landscaping has been Department, installed in accordance with landscaping plans approved by the Planning Services City and on file with the Building Division of the Planning Division Department. Any deviation from the plant palette shown on the approved landscape plans shall be submitted for review and approval by the Planning Department, Planning Services Division. All irrigation equipment within the setback area shall be fully screened so that the equipment is not visible from the public right-of-way. Prior to final building and zoning inspections for the setback area, additional planting may be required for screening purposes to the satisfaction of the Planning and Building Department, Planning Services Division. OPERATIONAL CONDITIONS 58 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right-of- Water way,public utility easement or City easement area including but Engineering not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded maintenance covenant for the project and the City easement deeds. GENERAL 59 Prior to any conveyance or sale of any parcel located within the Planning and Property, or portion of the Property, to an unrelated party, the Building property owner shall record unsubordinated covenants, Department, conditions and restrictions (CC&Rs) applicable to the Property Planning Services in a form and content satisfactory to the Planning and Building Division Director, City Engineer and the City Attorney incorporating the requirements and obligations set forth in this Development Agreement, including Exhibit"K-1". 60 For all future development phases, the Developer/Owner shall Public Works, submit the required entitlement applications and packages, Development including but not limited to, a Tentative Tract Map, Final Site Services Division Plan, and all required Preliminary Technical Studies to the City of Anaheim for review by City Staff and approval by the Planning Commission. 61 Prior to the abandonment of Douglass Road, River Road, Public Works, between Katella Avenue and Ball Road,shall be dedicated to the Development City of Anaheim, constructed, operational, and accepted. Services Division Additionally, Cerritos Avenue and Stanley Cup Way shall be constructed and accepted by the City Engineer. 62 The Developer/Owner shall maintain the parkway landscaping Public Works, improvements on both sides of River Road between Katella Development Avenue and Ball Road including, but not limited to, the Services Division landscaped buffer and Cycle Track along the east side of River Road. 63 Prior to the abandonment of any sewer system,new public sewer Public Works, mains in Stanley Cup Way and River Road shall be constructed Development and operational per the approved Sewer Study and as approved Services Division the City Engineer. The Developer/Owner shall dedicate a public sewer easement for the above-mentioned public sewer mains in Stanley Cup Way and Douglass Road. 64 The public sewer main segments in Stanley Cup Way and Public Works, Douglass Road shall remain public until the new sewer system Development as approved by the Sewer Study has been installed in River Road Services Division and the sewer flow has been rerouted. Upon completion of the new sewer system in River Road, the sewer system in Stanley Cup Way and Douglas Road shall become privately owned and maintained and all associated public easements shall be abandoned. 65 On the Employee Parking Lot(FSP2020-00008)property owned Public Works, by City and ground leased to Owner, Owner acknowledges and Traffic agrees that City shall reserve a 15' wide bike trail easement Engineering along the southern boundary of the Employee Lot, as identified planning and in Exhibit"B", for the potential future use as a public bike trail Building ("Bike Trail Easement"). Owner shall be allowed to use the Bike Department, Trail Easement for employee parking, unless and until (i) City Planning Services provides written evidence to Owner that a bike trail will be able Division to connect to an existing bike trail to the west, and (ii) City determines to construct this bike trail. City shall provide written notice to Owner twelve (12) months in advance of such construction of the bike trail,and Owner shall be required to find off-site replacement parking for the area impacted by the Bike Trail Easement, estimated to be 100 spaces. If Owner acquires the Employee Parking Lot property, the parties agree that the Bike Trail Easement shall be recorded against the Employee Lot Property. 66 It is the responsibility of the OWNER to replace,remove,and/or Public Works, relocate any traffic signal poles and equipment at any signalized Traffic intersection adjacent to the project if necessary at the OWNERS Engineering expense. 67 In connection with City approval of the Phase 1 Final Site Plans Public Works, and any subsequent Final Site Plans,Owner shall submit for City Traffic review and approval, an Event Traffic Management Plan. Engineering 68 All CBC and CFC requirements shall be followed for permit Fire and Rescue issuance. Any fire permits which includes fire sprinklers, fire Department alarm, etc. shall be submitted directly to Anaheim Fire Prevention Department. 69 DAS/BDA system(s) shall be designed as a campus style Fire and Rescue system. Department 70 Permanent,temporary,and phased emergency access roads shall Fire and Rescue be designed and maintained to support an imposed load of Department 78,000 lbs. and surfaced to provide all-weather driving capabilities. 71 All private underground fire lines shall be provided with Fire and Rescue maintenance covenant stating who will be responsible for Department maintaining the line, private fire hydrants, PIV's, all fire appurtenances. 72 All private underground fire lines shall be provided with Fire and Rescue maintenance covenant stating who will be responsible for Department maintaining the line. 73 Fire lane signage shall be provided for Paseo Fire Areal EVA Fire and Rescue section of the fire access road. Department 74 Underground Storage Tanks shall conform to Anaheim Fire & Fire and Rescue Rescue's UST Installation and Modification Guidelines (Honda Department Center). 75 Lockable pedestrian and/or vehicular access gates shall be Fire and Rescue equipped with Knox devices as required and approved by Department Anaheim Fire and Rescue Department. 76 A minimum of two connections to public water mains and water Public Utilities, looping inside the project are required. Water Engineering 77 The following minimum horizontal clearances shall be Public Utilities, maintained between proposed water main and other facilities: Water • 10-feet minimum separation (outside wall-to-outside Engineering wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs,power poles, street lights, and trees. • 5 feet from driveways,BCR/ECR of curb returns,and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 78 No public water main or public water facilities shall be installed Public Utilities, in private alleys or paseo areas. Water Engineering 79 No public water mains or laterals allowed under parking stalls Public Utilities, or parking lots. Water Engineering 80 All fire services 2-inch and smaller shall be metered with a UL Public Utilities, listed meter, Hersey Residential Fire Meter with Translator Water Register, no equals. Engineering 81 Looping of public water mains is required for the project. At a Public Utilities, minimum, a water main loop shall be established along Katella Water Avenue, River Road, Stanley Cup Way, and Cerritos Ave. Engineering 82 The owner shall irrevocably offer to dedicate to the City of Public Utilities, Anaheim an easement for the existing water main in Stanley Cup Water Way, east of Douglass Rd. Special surface improvements (as Engineering referenced in COA 52)is not be permitted over the existing main unless the owner enters into an agreement to replace the existing main. The extent of replacement shall be 10 feet beyond the extents of the special surface improvements and will require sleeving as determined by the Water Engineering Division 83 The installation of services/meters/backflow prevention devices Public Utilities, will only be allowed for active development phases. Future Water services/meters/ backflow prevention devices shall be installed Engineering in conjunction with subsequent development phases. Stub outs and/or inactive services will not be allowed. 84 The irrigation system for the proposed Meadow Park shall be Public Utilities, served by recycled water. The system shall connect to an Water existing 4-inch recycled water line (off OCSD's existing Engineering Groundwater Replenishment System) currently serving ARTIC's landscaped area. Developer/Owner shall install all required piping, meter, booster pump, and other appurtenances to serve the irrigation system. In addition, the irrigation system shall have a back-up potable water connection in case the recycled water supply is down for maintenance or repair. 85 Applicant shall coordinate proposed water mains with Ball Public Utilities, Basin development such that all proposed water mains are sized Water to serve both the build-out condition of the project and Ball Engineering Basin development. 86 If a single water service connection from Public Water System Public Utilities, via master water meter for domestic or master DCDA for fire Water service will supply more than one building, the maintenance Engineering covenant of a legal association of those properties shall contain provisions defining the perpetual responsibility for the payment of all Utility services provided in accordance with Rule No. 18 of the Water Utility Rates, Rules, and Regulations. 87 The existing 16"water main on Douglas Road ends at SR-57 and Public Utilities, currently is not looped. If the hydraulic analysis for the project Water shows the existing 16"water main is required to be connected to Engineering the public water system on Angels Stadium, the developer/owner shall coordinate with the Angels development the installation of the connection and the water improvements for the project will not be approved without the connection. If the Angels development is delayed or canceled, the owner/developer of OC Vibe shall be responsible for installing the connection. 88 Separate aerial easements shall be provided above water mains Public Utilities, at pedestrian walkways on Douglass Road and Katella Ave. Water Engineering 89 The proposed water main crossing the existing railroad track on Public Utilities, River Road shall be installed in a casing pipe per standards and Water requirements of the railroad track operating entities and the City. Engineering In addition, a license agreement will be required with the railroad track operating entities prior to final approval of the water main design plans. The owner/developer shall coordinate with the City and other entities involved and provide documents, drawings, and other required information to assist in execution of the agreement. 90 Any separate UWM permits must be plan checked and approved Public Utilities, together. Staff will allow the seven (7) Phase 1 UWM packages Water to be plan checked together on the same cycle. Construction of Engineering select packages may be deferred (as approved by PUWE staff) so long as interim phases do not create dead ends. All other packages must be constructed concurrently to allow final connection. A single bond may be required for each interim phase of construction of multiple packages. All future phases, including Phase 1(b), will need to meet similar requirements for looping, hydraulic analyses, and review. 91 Prior to approval of UWM permits, hydraulic analyses of each Public Utilities, interim phase (referenced above) of the project is required. The Water results of the hydraulic analyses may dictate additional modeling Engineering or that certain packages that may need to be constructed concurrently. Staff are in ongoing discussions with the applicant regarding replacement of a segment of existing water main in Katella. Staff has concern that this segment of cast iron pipe (CIP) will have increased risk of breaks or leaks due to the several new large connections along a relatively short span of main. This concern does not need to be resolved prior to planning commission. However,it will need to be resolved prior to issuance of any UWM permits on the project. 92 The mainline in the Paseo (currently Douglass Road between Public Utilities, Katella Avenue and Stanley Cup Way), shall become a private Water line per a separate transfer of ownership agreement.The transfer Engineering of ownership must be executed along with the transfer of ownership of the public street or prior to surface improvements over the Paseo,whichever comes first. 93 Prior to issuance of UWM Permits, construction phasing during Public Utilities, Phase 1 water improvements need to be described in detail. This Water shall include details of which facilities will be in operation Engineering during construction, shutdown requirements, and conversion of existing public lines to private. 94 The segment of River Road north of Cerritos Avenue is listed as Public Utilities, Phase 1(b), but it is not included in the above referenced UWM Water plans. This will require reviews in future planning reviews of Engineering subsequent project phases. 95 The property shall be permanently maintained in an orderly Planning and fashion through the provision of regular landscaping Building maintenance, removal of trash or debris, and removal of graffiti Department, within twenty four(24)hours from time of occurrence. Planning Services Division 96 That fire lanes shall be posted with"No Parking Any Time". Planning and Building Department, Planning Services Division 97 That ongoing during project operation no required parking areas Planning and shall be fenced or otherwise enclosed for outdoor storage uses. Building Department, Planning Services Division 98 Any Graffiti painted or marked upon the premises or on any Planning and adjacent area under the control of the licensee shall be removed Building or painted over within 24 hours of being applied. Department, Planning Services Division 99 No exterior-mounted air conditioning facilities for individual Planning and hotel rooms or vacation ownership rooms shall be permitted. Building Department, Planning Services Division 100 No required parking area shall be fenced-off or otherwise Planning and enclosed for outdoor storage uses. Building Department, Planning Services Division 101 The property owner/developer shall be responsible for Planning and compliance with and any direct costs associated with the Building monitoring and reporting of all mitigation measures set forth in Department, Mitigation Monitoring Plan (MMP) No. 383 adopted for the Planning Services ocV!BE Project—DEV 2020-00125, established by the City of Division Anaheim as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures within the timeframes identified in the measure. MMP No. 383 is made a part of these conditions of approval by reference. 102 The Applicant shall defend, indemnify, and hold harmless the Planning and City and its officials, officers, employees and agents Building (collectively referred to individually and collectively as Department, "Indemnitees") from any and all claims, actions or Planning Services proceedings brought against Indemnitees to attack, review, set Division aside,void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to,damages,fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 103 The applicant is responsible for paying all charges related to the Planning and processing of this discretionary case application within 30 days Building of the issuance of the final invoice or prior to the issuance of Department, building permits for this project,whichever occurs first. Failure Planning Services to pay all charges shall result in delays in the issuance of required Division permits or may result in the revocation of the approval of this application. 104 The subject Property shall be developed substantially in Planning and accordance with plans and specifications submitted to the City Building of Anaheim by the applicant and which plans are on file with the Department, Planning and Building Department, and as conditioned herein. Planning Services Division 105 Adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds contiguous to Department buildings shall be provided 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. 106 Rear entrance doors shall be numbered in the same address Police numbers or suite number of the business. Minimum height of 4 Department inches is recommended. 107 All truck maneuvers shall be performed on-site. Trucks shall not Public Works, back in from or back up into adjacent streets. Traffic Engineering Division 108 That ongoing during project operations, vehicle deliveries Public Works, including loading and unloading shall be performed on site. Traffic Delivery vehicles shall not block any part of the public right of Engineering Way. Division CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2022-102 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of September, 2022 by the following vote of the members thereof: AYES: Mayor Pro Tern O'Neil and Council Members Diaz, Ma'ae, Moreno, Valencia and Faessel NOES: None ABSTAIN: None ABSENT: None [Mayoral vacancy] IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of September, 2022. CITY 1 LERK OF THE CITY OF ANAHEIM (SEAL)