RES-2022-105 RESOLUTION NO. 2 0 2 2-1 0 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL
USE PERMIT NO. 2010-05492, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2020-00125)
(2626 EAST KATELLA AVENUE)
WHEREAS, on September 28, 2010, the City Council of the City of Anaheim (herein
referred to as the "City Council") adopted its Resolution No. 2010-161, certifying the ARTIC
Environmental Impact Report No. 2010-00343 ("EIR No. 343") in support of the Anaheim
Regional Transportation Intermodal Center ("ARTIC") project, which proposed to relocate the
existing Anaheim Metrolink/Amtrak passenger rail station 0.25 mile east along the existing Orange
County Transportation Authority ("OCTA") railroad right-of-way and included, among other
improvements,the development of an intermodal terminal,a public plaza and drop-off area,tracks,
passenger rail boarding platforms,improvements to Douglass Road,and surface parking. The City
Council determined that EIR No. 343 addressed the environmental impacts and mitigation
measures associated with the development of the ARTIC project and associated actions; and
WHEREAS, on April 23,2012,and subject to certain conditions of approval,the Planning
Commission of the City of Anaheim(the "Planning Commission"),by its Resolution No.PC2012-
029,approved Conditional Use Permit No. 2010-05492(herein referred to as the "Original CUP")
to permit the development and construction of ARTIC, which is located at 2626 East Katella
Avenue 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,the conditions of approval that were the subject of the Original CUP shall be
referred to herein as the "Previous Conditions of Approval"; and
WHEREAS, by motion made on May 29, 2012 in conjunction with its adoption of
Resolution No. 2012-046 approving the Original CUP, the City Council approved an Addendum
to EIR No. 343 (the "Addendum"). The Addendum evaluated refinements to the project
description identified in EIR No.343,including,among other things,a reduction in building square
footage at the intermodal terminal building; a change to an above-grade bus transit facility; the
addition of a pedestrian concourse; removal of the Metrolink/Amtrak concourse tunnel; addition
of a baggage tunnel; changes to the platform width and length; reduced width of the Douglass
Road Bridge; and modifications to Douglass Road and Katella Avenue; and
WHEREAS, on June 1, 2016, and subject to certain conditions of approval, the Planning
Commission of the City of Anaheim(the "Planning Commission"),by its Resolution No.PC2016-
044, approved Conditional Use Permit No. 2010-05492A to amend the Original CUP, designated
as"Conditional Use Permit No. 2010-05492A",to allow a Type 75 (On Sale General—Brewpub)
ABC license in the place and stead of one of the Type 47 (On Sale General — Restaurant) ABC
licenses authorized and permitted under Condition No.27 of the Previous Conditions of Approval,
which would permit the sale of beer, wine and distilled spirits for consumption on a bona fide
eating place plus a limited amount of brewing of beer within that portion of the Property commonly
known as Suite 207; and
WHEREAS, the conditions of approval that were the subject of the amended Conditional
Use Permit No. 2010-05492A shall be referred to herein as the "Previous Conditions of Approval
(as amended pursuant to Resolution No. PC2016-044)"; and
WHEREAS, the Planning Commission did receive a verified petition for the approval of
an amendment to Conditional Use Permit No. 2010-05492, relating to modifications to parking
and circulation for a transit facility (the Anaheim Regional Transportation Intermodal Center or
ARTIC) at 2626 East Katella Avenue, generally bounded by Douglass Road to the west, Katella
Avenue to the north, the Santa Ana River to the east, and the confluence of the SR-57 and Santa
Ana River to the south 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 said improvements are identified in the proposed Development Agreement No.
DAG2020-00004 and Master Site Plan MIS2020-00751; and
WHEREAS, the subject property is developed with a transit facility and is located in the
Semi Public (SP) Zone and the Platinum Triangle Mixed Use (PTMU) Overlay Zone, and the
Anaheim General Plan designates this property for Mixed-Use land uses; and
WHEREAS, this Conditional Use Permit 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 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
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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 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");
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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");
13. A minor conditional use permit to permit the ocV!BE Coordinated Sign Program, Murals,
and Valet Parking("Minor Conditional Use Permit");
14. A tentative tract map which encompasses approximately 63 acres north of Katella Avenue
in the Arena District, to subdivide existing lots into 23 lots including 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"); and
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,the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 29, 2022, 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 the proposed
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amendment to the Conditional Use Permit) 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
Proposed Project and for the purpose of considering this Conditional Use Permit, 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 in time to, the
adoption of this Resolution, the Planning Commission has approved and recommended that the
City Council approve 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 q 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 PC2022-079.
WHEREAS,this City Council,after due inspection,investigation and study made by itself
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. The proposed request to permit an amendment to a transit facility is properly one
for which a conditional use permit is authorized in the Semi Public (SP)Zone pursuant to Section
18.14.030.040.0402 (Transit Facilities) and the Platinum Triangle Mixed Use (PTMU) Overlay
pursuant to Section 18.20.030 (Mixed Use District Uses) of the Code and the proposed Zoning
Code Amendment No. 2020-00174, now pending.
2. The proposed amendment to the conditional use permit, as conditioned herein,
would not adversely affect the adjoining land uses and the growth and development of the area in
which it is located because this request would permit modifications to ARTIC that would allow
for safe and orderly circulation while also providing for ARTIC users to have easy access to the
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new Meadow Park and other ocV!BE mixed-uses to the north of Meadow Park as shown on the
Master Site Plan (MIS2020-00751) and that these improvements would include the relocation of
456 parking spaces from ARTIC Lot A (north of the ARTIC building) to the proposed Parking
Deck A on the west side of Douglass Road;the construction of a pedestrian bridge and an at-grade
pedestrian crossing area across Douglass Road to connect ARTIC with Parking Deck A; and,
modifications to vehicle and pedestrian access and drop-off areas around ARTIC, and said
proposed modifications to ARTIC would not be detrimental to the adjacent properties.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed project in a manner not detrimental to the particular area or to the health and safety
because the Property is proposed to be improved with circulation changes that will provide easy
access to parking facilities across Douglass Road to the west and in close proximity to ARTIC,
including construction of a pedestrian bridge connecting Parking Deck A with ARTIC, and also
provide for on-site circulation improvements for other transportation modes using ARTIC,
including buses and other modes of travel.
4. The traffic generated by the proposed project will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
proposed project includes construction of new parking facilities for ARTIC, a pedestrian bridge
connecting Parking Deck A with ARTIC across Douglass Road, and associated street
improvements to adequately serve the traffic generated by the transit facility.
5. The granting of the conditional use permit, under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
project will be compatible with the surrounding area through conditions of approval for the use
and is not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, this 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 presentations, the staff report and all materials
in the Proposed Project files. There is no substantial evidence,nor are there other facts,that negate
the findings made in this Resolution. This 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 that, based upon the aforesaid findings and
determinations and based upon a thorough review of this proposed amendment to the Conditional
Use Permit amendment, Addendum No. 11 of FSEIR No. 339 including MMP No. 383, and the
evidence received to date, the City Council does hereby approve this proposed amendment to the
Conditional Use Permit, in the form presented at this meeting, contingent upon and 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, including an amendment to
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Condition No. 36 of the Previous Conditions of Approval (as amended pursuant to Resolution No.
PC2016-044) to provide for the modifications to parking and circulation at ARTIC to be in
compliance with Development Agreement No. DAG2020-00004 and Master Site Plan MIS2020-
00751, and 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. 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. To that end, effective upon the effective date of
this Resolution, Condition No. 36 of the Previous Conditions of Approval (as amended pursuant
to Resolution No. PC2016-044) is hereby amended and restated to read in full as follows:
36A. Prior to the timeframe set forth in Development Agreement No. DAG2020-00004
for the relocation of ARTIC parking spaces and the improvements to circulation in and around
ARTIC,as set forth in Master Site Plan No. MIS2020-00751,this property shall be developed
substantially in accordance with the plans, technical studies and specifications submitted to
the City of Anaheim by the applicant and as conditioned herein, which include the plans,
exhibits and technical studies submitted as Attachments 6, 7, 8 and 9 to the April 23, 2012,
Planning Commission Staff Report. Said plans and studies are on file in the Planning and
Building Department.
36B. Upon implementation of the timeframe set forth in Development Agreement No.
DAG2020-00004 for the relocation of ARTIC parking spaces and the improvements to
circulation in and around ARTIC, as set forth in Master Site Plan No. MIS2020-00751, this
property shall be developed substantially in accordance with the plans, technical studies and
specifications submitted to the City of Anaheim by the applicant and as conditioned herein,
which include the plans, exhibits and technical studies submitted as part of the Master Site
Plan No.MIS2020-00751 (Attachment 17 to the August 29,2022,Planning Commission Staff
Report). Said plans and studies are on file in the Planning and Building Department.
BE IT FURTHER RESOLVED that all references to Condition No.36 of the Original CUP
shall be to the Previous Conditions of Approval, as amended by this amendment to Conditional
Use Permit No. 2010-05492 (DEV2020-00125), which shall control and govern the Property.
BE IT FURTHER RESOLVED that extensions for further time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Code.Timing for compliance
with conditions of approval may be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies the original intent and purpose of
the condition,(ii)the modification complies with the Code,and(iii)the applicant has demonstrated
significant progress toward establishment of the use or approved development. 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.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190(Amendment to Permit Approval)
and 18.60.200(City-Initiated Revocation or Modification of Permits) of the Code.
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BE IT FURTHER RESOLVED that this City Council does hereby find and determine that
adoption of this Resolution is expressly predicated upon applicant's compliance with each and all
of the conditions hereinabove set forth. Should any such condition,or any part thereof,be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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
MAY R PRO TEM OF T
CITY OF ANAHEIM
ST:
.r
CIT CLERK OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV2020-00125
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO.2010-05492
(DEV2020-00125)
Includes Mitigation Measures from
Previously-Certified Environmental Impact Report No.2010-00343
REVIEW SIGNED
NO. CONDITIONS OF APPROVAL BY OFF BY
PRIOR TO ISSUANCE OF GRADING PERMITS
1. City shall participate in a multi jurisdictional effort with Public Works
Caltrans to develop a study to identify fair share contribution Traffic and
funding sources attributable to and paid from private and Transportation
public development to supplement other regional and state Division
funding sources necessary to implement feasible traffic
improvements to state facilities as identified in the EIR. The
study shall include fair share contributions related to private
and/or public development based on nexus requirements
contained in the Mitigation Fee Act(Government Code
section 66000, et seq.) and 14 CCR section 15126.4(a)(4)
and,to this end, the study shall recognize the state wide and
regional contributions to impact state facilities that are not
attributable to local development such that local private and
public development are not paying in excess of such
developments' fair share obligations. The fee study shall be
compliant with Government Code section 66001(g) and any
other applicable provisions of law. The study shall set forth a
timeline and other agreed-upon relevant criteria for the
implementation of the recommendations contained within
the study to the extent Caltrans and other agencies agree to
participate in the fee study program.
2. The EIR concluded that a number of identified state facilities Public Works
will operate at deficient levels of service with the Project at Traffic and
the 2013 and 2030 timelines. The Project's contributions to Transportation
traffic in these facilities will contribute to cumulative Division
congestion on these identified state facilities. Improvements
to these facilities would mitigate the Project's impacts to less
than significant levels. Prior to the issuance of the first
grading permit the City shall transfer the agreed to amount
into the City's Traffic Impact Fee Account and hold the
amount in trust and apply such amount following the
implementation of any traffic fee program.
3. The sequencing of grading/excavation activities shall be Public Works
noted on the grading plans submitted to the Anaheim Public Development
Works Department for review and approval and in the Services
contractor's specifications. Excavation of the soil for the Division
Intermodal Terminal shall precede excavation of Douglass
Road under the bridge, and both activities shall occur in
sequence.
4. An export plan showing quantities and identified haul route Public Works
shall be shown on grading plans submitted to the Anaheim Development
Public Works Department for review and approval and in the Services
contractor's specifications. Exporting of soil during Division
excavation shall be limited to 25 on-road truck trips per day
during excavation and grading.
5. The City will verify that the project WQMP which meets the Public Works
requirements of the DAMP is complete. Development
Services
Division
6. A letter shall be submitted by the contractor to the Public Public Works
Works Department, identifying the certified archaeologist Development
that has been hired to ensure that the following actions are Services
Division
implemented:
a)The archaeologist shall be present at the pregrading
conference in order to establish procedures for temporarily
halting or redirecting work to permit the sampling,
identification, and evaluation of artifacts if potentially
significant artifacts are uncovered. If artifacts are uncovered
and determined to be significant, the archaeological observer
shall determine appropriate actions in cooperation with the
City for exploration and/or salvage;
b) Specimens that are collected prior to or during the grading
process shall be donated to an appropriate educational or
research institution;
c)Any archaeological work at ARTIC shall be conducted
under the direction of the certified archaeologist. If any
artifacts are discovered during grading operations when the
archaeological observer is not present, grading shall be
diverted around the area until the observer can survey the
area; and
d)A final report detailing the findings and disposition of the
specimens shall be submitted to the City Engineer. Upon
completion of the grading,the archaeologist shall notify the
City as to when the final report will be submitted.
7. A letter shall be submitted by the contractor to the Public Public Works
Works Department, identifying the certified paleontologist Development
that has been hired to ensure that the following actions are Services
Division
implemented:
a)The paleontologist shall be present at the pregrading
conference in order to establish procedures to temporarily
halt or redirect work to permit the sampling, identification
and evaluation of fossils if potentially significant
paleontological observer shall determine appropriate actions
in cooperation with the property owner/developer for
exploration and/or salvage;
b) Specimens that are collected prior to or during the grading
process shall be donated to an appropriate educational or
research institution;
c)Any paleontological work at the site shall be conducted
under the direction of the certified paleontologist. If any
fossils are discovered during grading operations when the
paleontological observer is not present, grading shall be
diverted around the area until the monitor can survey the
area; and
d)A final report detailing the findings and disposition of the
specimens shall be submitted. Upon the completion of the
grading, the paleontologist shall notify the City as to when
the final report will be submitted.
PRIOR TO THE APPROVAL OF STREET IMPROVEMENT PLANS/FOLLOWING THE
COMPLETION OF EXCAVATING INTERMODAL TERMINAL AND DOUGLASS ROAD UNDER
THE BRIDGE
8. Street improvement plans submitted to the Anaheim Public Public Works
Works Department for review and approval shall indicate Development
sequencing of the street improvements. Road widening and Services
sidewalk improvement projects shall occur following the Division
completion of the excavating activities.
PRIOR TO ISSUANCE OFA DEMOLITION PERMIT, GRADING PERMIT OR BUILDING
PERMIT, WHICHEVER OCCURS FIRST/NO MORE THAN ONE WEEK PRIOR TO
DEMOLITION AND VEGETATION CLEARING
9. A letter shall be submitted to the Public Works Department Public Works
attesting that no more than one week prior to demolition and Development
vegetation clearing, a qualified biologist shall conduct a Services
breeding and nesting bird survey within ARTIC construction Division
footprint and within a 500-foot buffer around the site. The Planning
purpose of the survey is to ensure that no active nests are Department
located within or adjacent to the project area. Nesting season Building
for raptors begins February 15 and the traditional breeding
season for native and migratory birds begins March 15. If Division
clearing starts after October and before the nesting season,
there is no need for nesting bird surveys. If an active nest is
detected, a suitable buffer around the nest shall be
established dependent on the type of species detected and
location of the nest as determined by a qualified biologist
and in accordance with the requirements of the CDFG Code.
The nest avoidance area shall be flagged and shall be
avoided until after the young have fledged and the nest is no
longer in use. Documentation showing that this mitigation
measure has been completed shall be sent to the City by the
contractor. This documentation shall include a description of
the survey results and whether any subsequent actions were
required prior to commencement of demolition and
vegetation clearing. The CDFG may authorize the relocation
of the nest but consultation is required to ensure that no
direct or indirect impacts result from this action and
compliance with the MBTA and CDFG Codes.
PRIOR TO THE ISSUANCE OF EACH BUILDING AND GRADING PERMIT,AS
APPLICABLE/ONGOING DURING CONSTRUCTION
10. Diesel or gasoline power generators shall be limited to less Public Works
than two hours of use per day. This restriction shall be Development
clearly noted on the grading/excavation and building plans Services
submitted to the Anaheim Public Works Department and Division
Building Division for review and approval. This information Planning and
shall also be included in the contractor's specifications. Building
Department
Building
Division
11 . Construction equipment and supplies shall be located in Planning and
staging areas that shall create the greatest distance possible Building
between construction related noise sources and noise Department
sensitive receivers nearest the project area. This information Building
shall be specified on all grading, excavation and construction Division
plans.
12. In areas that have been identified as potential soil Public Works
contaminated, appropriate sampling is required prior to Development
disposal of excavated soil. Contaminated soil will be Services
properly disposed at an off-site facility. Division
PRIOR TO ISSUANCE OF BUILDING PERMITS
13. That if new on-site water facilities are required,those Public
facilities shall be private and separate water services/systems Utilities,
for fire protection and domestic water shall be installed. Water
Engineering
Division
14. That all backflow equipment shall be located above ground Public
outside of the street setback area in a manner fully-screened Utilities,
from all public streets and alleys. Said information shall be Water
specifically shown on plans and approved by Water Engineering
Engineering and Cross Connection Control Inspector before Division
submittal for Building Permits.
1 5. That all requests for new water services or file lines, as well Public
as any modifications, relocations, or abandonments of Utilities,
existing water services and fire lines, shall be coordinated Water
through Water Engineering Division of the Anaheim Public Engineering
Utilities Department. Division
16. If the project has a landscaping area exceeding 2,500 square Public
feet, a separate irrigation meter shall be installed in Utilities,
Water
compliance with Chapter 18.19 of Anaheim Municipal Code Engineering
and Ordinance No. 5349 regarding water conservation. Division
17. That all existing water services and fire lines shall conform Public
to current Water Services Standards Specifications. Any Utilities,
water service and/or fire line that does not meet current Water
standards shall be upgraded if continued use is necessary or Engineering
abandoned if the existing service is no longer needed. The Division
owner/developer shall be responsible for the costs to upgrade
or to abandon any water service or fire line.
18. That the legal property owner shall irrevocably offer to Public
dedicate to the City of Anaheim(Water engineering Utilities,
Division) and Easement twenty(20)feet in width for large Water
meters and other public water facilities. Engineering
Division
19. That prior to applying for water meters, fire lines or Public
submitting the water improvement plans for approval,the Utilities,
developer/owner shall submit to the Public Utilities Water Water
Engineering an estimate of the maximum fire flow rate and Engineering
maximum day and peak hour water demands for the project. Division
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
15A.6 of the Water Utility Rates, Rules, and Regulations.
20. That all recycled water piping, fittings and meters and Public
appurtenances shall be purple and marked per the Utilities,
requirements of the City of Anaheim Recycled Water Users' Water
Guide. Engineering
Division
21. That the Owner/Developer shall submit an Engineering Public
Report to Water Engineering and obtain a Recycled Water Utilities,
Use Permit from the City of Anaheim per the requirements of Water
the City of Anaheim Recycled Water Users' Guide for the Engineering
use of recycled water in Dual Plumbed Facility. The Division
Engineering Report must be reviewed and approved by the
City of Anaheim,the State of California and the County of
Orange prior to rendering recycled water use.
22. The City shall transmit the project's applicable traffic impact Public Works
fee into the City's Traffic Impact Fee Account and pay for Traffic and
the Project's fair share of City improvements related to Transportation
ARTIC. The City shall ensure that such improvements will Division
be constructed pursuant to the fee program at that point in
time necessary to avoid identified significant impacts on
traffic.
ONGOING DURING CONSTRUCTION
23. Noise generated by construction shall be limited to 60 dBA Planning and
along Douglass Road, Katella Avenue, and the tracks before Building
7 AM and after 7 PM, as governed by Chapter 6.70, Sound Department
Pressure Levels, of the Anaheim Municipal Code. If 60 dBA Building
is exceeded during these hours, noise attenuation features Division
(i.e. temporary noise barriers, sound curtains, etc.) shall be
installed to reduce noise levels to below 60 dBA at the
exterior of the affected building. These noise attenuation
features may be removed if a qualified noise specialist
determines that noise levels are not significantly impacted by
nighttime construction.
24. When excessive noise during construction is anticipated Planning and
before 7 AM and after 7 PM the contractor shall request an Building
exception to the requirements of Chapter 6.70 of the Department
Anaheim Municipal Code. The request shall be submitted in Building
accordance with the provisions contained in Chapter 6.70 and Division
shall include a construction schedule and a list of equipment
to be used during that time frame. This information shall be
provided to the Director of Public Works or Chief Building
Official for consideration.
25. In the unlikely event of the accidental discovery of human Public Works
remains during project construction,the procedures outlined Construction
in §15064.5(e)of the CEQA Guidelines, §7050.5(b)and(c) Services and
of the State Health and Safety Code, and §5097.94(k)and(i) Development
of the Public Resources Code shall be strictly followed. Services
These procedures specify that,upon discovery, no further Divisions
excavation or disturbance of the site or any nearby area
reasonably suspected to overlie adjacent human remains can
occur. The county coroner shall be contacted to determine if
the remains are Native American. If the remains are
determined to be Native American, the coroner shall contact
the Native American Heritage Commission(NAHC)within
24 hours. The NAHC shall identify the Most Likely
Descendent(MLD). The MLD shall make recommendations
for the appropriate treatment and disposition of the remains
and any associated grave goods in accordance with PRC
§5097.98.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
26. The City will verify that the project BMPs were installed as Public Works
indicated in the WQMP. Department
Development
Services
Division
ONGOING DURING PROJECT OPERATIONS
27. That the transit facility shall only include as accessory uses, Planning and
those uses permitted by right within the Semi-Public Zone Building
and the following uses as described in Chapter 18.36 (Types Department
of Uses) of the Anaheim Municipal Code: Planning
1. Alcoholic Beverages Sales-On-Sale (up to two Type Services
47 ABC Licenses, one Type 75 (On Sale General— Division
Brewpub) ABC License, and one Type 48 ABC
License)
2. Automated Teller Machines (ATM's)
3. Automotive - Public Parking
4. Automotive - Rental Agencies
5. Bars and Nightclubs (one Type 48 ABC License)
6. Business & Financial Services
7. Convenience Stores
8. Kiosks
9. Open-Air Festivals
10. Outdoor Displays
11. Personal Services—General
12. Petroleum Storage—Incidental
13. Portable Food Carts
14. Recreation-Low-Impact
15. Recycling Services—Consumer
16. Restaurants-General
17. Restaurants-Semi-Enclosed
18. Retail Sales—General
19. Retail Sales—Kiosks
20. Special Events
28. At all times when any restaurant within the Transit Facility is Police
open for business, said restaurant shall be maintained as a Department
bona fide restaurant and shall provide a menu containing an
assortment of foods normally offered in such restaurant.
29 The sale of alcoholic beverages for consumption off the Police
premise shall be prohibited. Department
30. There shall be no exterior advertising of any kind or type, Police
including advertising directed to the exterior from within, Department
promoting or indicating the availability of alcoholic
beverages.
1 That any alcoholic beverage license for a restaurant within the Police
Transit Facility shall not be exchanged for a public premise Department
(bar)type license nor shall the establishment be operated as a
public premises as defined by Section 23039 of the Business
and Professions Code.
32 There shall be no admission fee, cover charge, nor minimum Police
purchase required for any restaurant or bar within the Transit Department
Facility.
33. Parking lots, driveways, circulation areas, aisles, Police
passageways,recesses and grounds contiguous to buildings Department
shall be provided with enough lighting to illuminate and
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
onsite.
34. There shall be no entertainment, amplified music or dancing Police
permitted on the premise at any time unless the proper Department
permits have been obtained from the City of Anaheim.
35. The approval of this applicant constitutes approval of the Planning and
proposed request only to the extent that it complies with the Building
Anaheim Municipal Zoning Code and any other applicable Department,
City, State and Federal regulations. Approval does not Planning
include any action or findings as to compliance or approval Services
of the request regarding any other applicable ordinance, Division
regulation or requirement.
36. A. Prior to the timeframe set forth in Development Planning and
Agreement No. DAG2020-00004 for the relocation of Building
ARTIC parking spaces and the improvements to circulation Department,
in and around ARTIC, as set forth in Master Site Plan No. Planning
MIS2020-00751,this property shall be developed Services
substantially in accordance with the plans,technical studies Division
and specifications submitted to the City of Anaheim by the
applicant and as conditioned herein,which include the plans,
exhibits and technical studies submitted as Attachments 6, 7,
8 and 9 to the April 23, 2012, Planning Commission Staff
Report. Said plans and studies are on file in the Planning and
Building Department.
B. Upon implementation of the timeframe set forth in
Development Agreement No. DAG2020-00004 for the
relocation of ARTIC parking spaces and the improvements to
circulation in and around ARTIC, as set forth in Master Site
Plan No. MIS2020-00751,this property shall be developed
substantially in accordance with the plans,technical studies
and specifications submitted to the City of Anaheim by the
applicant and as conditioned herein,which include the plans,
exhibits and technical studies submitted as part of the Master
Site Plan No. MIS2020-00751 (Attachment 17 to the August
29, 2022, Planning Commission Staff Report). Said plans
and studies are on file in the Planning and Building
Department.
3 7. The City will inspect the BMPs and verify that the BMPs Public Works
properly maintained and functioning as per the WQMP. Department
Development
Services
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. 2022-105 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 LERK OF THE CITY OF ANAHEIM
(SEAL)