16. Resolution - Conditional Use Permit Amendment (CUP 2010-05492) — Anaheim City Council, September 27, 2022

RESOLUTION NO. ___________

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, - 2 -
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 - 3 -
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”);
- 4 -

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 - 5 -
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-_____, 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 - 6 -
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 - 7 -
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. - 8 -
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:

NOES:

ABSENT:

ABSTAIN:

CITY OF ANAHEIM
______________________________

MAYOR OF THE CITY OF ANAHEIM
ATTEST:
_____________________________________

CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT “A”
DEV2020-00125

EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2010-05492
(DEV2020-00125)
Includes Mitigation Measures from
Previously-Certified Environmental Impact Report No. 2010-00343 NO. CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY

PRIOR TO ISSUANCE OF GRADING PERMITS

1. City shall participate in a multi-jurisdictional effort with Caltrans to develop a study to identify fair share contribution funding sources attributable to and paid from private and public development to supplement other regional and state 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.

Public Works
Traffic and
Transportation
Division

2. The EIR concluded that a number of identified state facilities will operate at deficient levels of service with the Project at the 2013 and 2030 timelines. The Project’s contributions to traffic in these facilities will contribute to cumulative 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.

Public Works
Traffic and
Transportation
Division

3. The sequencing of grading/excavation activities shall be noted on the grading plans submitted to the Anaheim Public Works Department for review and approval and in the
contractor’s specifications. Excavation of the soil for the Intermodal Terminal shall precede excavation of Douglass Public Works
Development
Services
Division
Road under the bridge, and both activities shall occur in sequence.

4. An export plan showing quantities and identified haul route shall be shown on grading plans submitted to the Anaheim Public Works Department for review and approval and in the contractor’s specifications. Exporting of soil during
excavation shall be limited to 25 on-road truck trips per day during excavation and grading.

Public Works
Development
Services
Division

5. The City will verify that the project WQMP which meets the requirements of the DAMP is complete.

Public Works
Development
Services
Division

6. A letter shall be submitted by the contractor to the Public Works Department, identifying the certified archaeologist that has been hired to ensure that the following actions are 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.

Public Works
Development
Services
Division

7. A letter shall be submitted by the contractor to the Public Works Department, identifying the certified paleontologist that has been hired to ensure that the following actions are 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
Public Works
Development
Services
Division
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 Works Department for review and approval shall indicate sequencing of the street improvements. Road widening and sidewalk improvement projects shall occur following the completion of the excavating activities.

Public Works
Development
Services
Division

PRIOR TO ISSUANCE OF A 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 attesting that no more than one week prior to demolition and vegetation clearing, a qualified biologist shall conduct a breeding and nesting bird survey within ARTIC construction footprint and within a 500-foot buffer around the site. The purpose of the survey is to ensure that no active nests are located within or adjacent to the project area. Nesting season for raptors begins February 15 and the traditional breeding season for native and migratory birds begins March 15. If 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 Public Works
Development
Services
Division
Planning
Department
Building
Division
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 than two hours of use per day. This restriction shall be clearly noted on the grading/excavation and building plans submitted to the Anaheim Public Works Department and
Building Division for review and approval. This information shall also be included in the contractor’s specifications.

Public Works
Development
Services
Division
Planning and
Building
Department
Building
Division

11. Construction equipment and supplies shall be located in staging areas that shall create the greatest distance possible between construction related noise sources and noise
sensitive receivers nearest the project area. This information shall be specified on all grading, excavation and construction plans.

Planning and
Building
Department
Building
Division

12. In areas that have been identified as potential soil contaminated, appropriate sampling is required prior to disposal of excavated soil. Contaminated soil will be
properly disposed at an off-site facility.

Public Works
Development
Services
Division

PRIOR TO ISSUANCE OF BUILDING PERMITS

13. That if new on-site water facilities are required, those facilities shall be private and separate water services/systems for fire protection and domestic water shall be installed.