National Shared Services Operations
Land Use and Entitlements
393 E. Walnut Street, 5th Floor
Pasadena, CA 91188
October 28, 2024
Nick Taylor
Senior Planner
Planning & Building Department, City of Anaheim
200 South Anaheim Boulevard, Suite 162
Anaheim, CA 92805
RE: ANNUAL REVIEW OF DEVELOPMENT AGREEMENT NO. 2007-00003
Dear Mr. Taylor:
Pursuant to Section 23 -1 of Development Agreement No. 2007 -00003 between the City of Anaheim and Kaiser Foundation Hospitals, please be informed that the Kaiser Permanente Anaheim Medical Center is currently in compliance with the Development Agreement
Attached for your reference is a matrix that identifies each of the conditions of approval of Conditional Use Permit No. 2006 -05146. The status of each of these conditions of approval and mitigation measures as they relate to the development of the parking structure and hospital buildings is documented in the matrix.
If you have any questions, plea se contact me at (626) 344-4519 or via email at [email protected].
Sincerely,
Deborah Wong
Senior Land Use Manager
Kaiser Permanente
National Shared Services Operations
Enc: C onditions of Approval Matrix, Revised October 29, 2024
Cc: Brian Wilson, Orange County Team Manager
Fernando Avila, Senior Counsel
October 28, 2024
1 EXHIBIT
Development Agreement No. 2007-00003
CONDITIONS OF APPROVAL
ITEM CONDITION STATUS
1 That the project is expressly conditioned upon the OWNER indemnifying and holding harmless the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul any approval of the application or related decision, or the adoption of any environmental documents which relates to the approval of the Proposed Actions. This indemnification shall include, but is not limited to, all reasonable damages, costs, expenses, attorney fees or expert witness fees that may be awarded to the prevailing party, and costs of suit, attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the application or related decision, whether or not there is concurrent, or passive negligence on the part of the City, its agents, officers, council members, employees, boards, commissions and their members and the City Council. The OWNER shall have the right to select legal counsel. The City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and the OWNER shall reimburse the City for any costs and expenses reasonably incurred by the City in the course of the defense. No later than 30 (thirty) days following the City Council's adoption of the Ordinance adopting Development Agreement No. 2007- 00003, the OWNER shall provide a letter to the City satisfactory to the City Attorney's Office memorializing the foregoing.
COMPLETED
2 That this Development Agreement No. 2007-00003 is granted expressly conditioned upon approval of Conditional Use Permit No. 2006-05146, Specific Plan Amendment No. 2007-00048, and Tentative Parcel Map No. 2007-195, and the determination by the City Council that EIR No. 2007-00337, along with Mitigation Monitoring Plan No. 147 are adequate to serve as the environmental documentation for these actions
COMPLETED
3 The Planning Director has the authority to grant the modification of the timing of any of the conditions of approval of Development Agreement No. 2007-00003, provided said modification does not result in any increase in environmental impacts for which sufficient mitigation cannot be provided. Any request for such modifications shall be in writing and shall clearly identify the reason for the modification. Appeal of such decision shall be provided pursuant to Section 18.60.135 (Appeals – Planning Director Decisions) of the Anaheim Municipal Code.
COMPLETED
4 That OWNER shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan No. 147 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures.
ONGOING
October 28, 2024
2 5 That prior to issuance of any sign permit, OWNER shall submit a coordinated sign program for the review and approval of the Planning Department. Any decision by the Planning Department may be appealed to the Planning Commission as a Reports and Recommendations item.
COMPLETED
6 That the Parking Areas shall be constructed so that there will be sufficient parking spaces available within the Property to serve the Project, as depicted and substantially in conformance with the Final Site Plan. Prior to commencement of construction of the first building within the Project, OWNER shall restrict the use of the Parking Areas to tenants, visitors, patrons, invitees and other users of the Permitted Development, with the exception of occasional hospital/medical and non profit related special events, and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Parking Areas shall be limited in that manner.
COMPLETED
7 That prior to the issuance of building permits for the parking structure, plans shall show that all necessary columns are provided and that the striping/layout meets all Code requirements.
COMPLETED
8 That prior to the issuance of the first building permit, plans shall show that all proposed water vaults, telecommunication utilities, and all other above-ground utilities shall be located behind the setback and fully screened as required by Code or integrated within the proposed buildings.
COMPLETED
9 That final elevation plans, including colored elevations and a material board, shall be submitted to the Planning Department for review and approval by the Planning Commission as a Reports and Recommendations item.
COMPLETED
10 Prior to the first final building and zoning inspection, OWNER shall execute and record with the Orange County Recorder a declaration of Covenants, Conditions and Restrictions (“CC&Rs”) to run with the land, satisfactory to the Planning Director, City Engineer and the City Attorney, creating maintenance obligations to maintain the following areas and facilities (collectively referred to hereinafter as the "Maintenance Areas and Facilities") as indicated below:
(a) Private drives and parking (if applicable), including sidewalks, landscaping, street lighting, mounted lighting, signage, striping and parkways.
(b) Private sewer lines, grease interceptors, manholes and clean outs. (c) Private storm drain lines, area drains, inlets, manholes and catch basins. (d) Treatment Controls Best Management Practices for Water Quality Management Plan. (e) Demonstrate that the OWNER is prepared to implement all non-structural BMP’s described in the Project WQMP.
(f) Demonstrate that an adequate number of copies for all responsible parties of the approved Project WQMP are available on-site.
(g) Internal landscape areas, courtyards, common areas. (h) Internal hardscape and enhanced paving areas.
(i) On-site fountains and art elements.
(j) Enclosed parking structure with trash collection areas. (k) Bicycle storage areas.
COMPLETED
October 28, 2024
3 (l) Site lighting systems.
(m) Trash collection and facilities including the Solid Waste Management Plan for the Project as approved by the CITY.
(n) Squeal-free surfaces in parking structures.
(o) Maintenance of on-site signs and awnings.
(p) Outdoor seating and dining areas.
(q) Maintenance of all security equipment required by the Police Department including antennas providing radio communication.
(r) Maintenance of private water meters and backflow devices. (s) OWNER shall initiate the removal of all graffiti from the Property within twenty-four (24) hours of occurrence and shall complete any necessary painting or repair within five (5) days. (t) Ongoing during operation, provision for the property to be permanently maintained in an orderly fashion by providing regular landscape maintenance and removal trash or debris. (u) Provision for the replacement of any landscaping planted on-site in accordance with project landscaping plans in a timely manner in the event that landscaping is removed, damaged, diseased, and/or dead. (v) Provision for continued implementation of all mitigation measures from Mitigation Monitoring Plan No. 147 that require on-going execution.
(w) Provision for continued maintenance of all automatic fire sprinkler systems and fire alarm system. (x) Provisions to ensure that ongoing during business operations, no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
(y) Provision of agreement with the Anaheim Transportation Network (ATN).
The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as the "Maintenance Obligations." The OWNER shall be responsible for the maintenance of the Maintenance Areas and Facilities and performance of the Maintenance Obligations, including any additional obligations, which may be specified herein. The CC&Rs set forth herein constitutes a general scheme for the development, protection and maintenance of the Property. Said CC&Rs is for the benefit of the Property and shall bind all successor owners thereof. Such CC&Rs shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. Such CC&Rs are intended to be and shall be declared to be running with the land or equitable servitudes upon the land, as the case may be.
The CC&Rs shall provide that amendment of any provision thereof, which may negatively impact performance of the Maintenance Obligations, shall require prior written consent of the City. Termination of the CC & R’s is not a release of Declarant with regard to Declarant’s independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities incurred prior to such termination.
October 28, 2024
4 11 That prior to issuance of the grading permit, the OWNER shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMP’s) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas; • Incorporates the applicable Routine Source Control BMP’s as defined in the Drainage Area Management Plan (DAMP);
• Incorporates Treatment Control BMP’s as defined in the DAMP; • Describes the long-term operation and maintenance requirements for the Treatment Control BMP’s;
• Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMP’s, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMP’s; and
• Ensures implementation of the Water Quality Management Plan during on-going grading operations.
COMPLETED
12 That prior to the first final building and zoning inspection, the OWNER shall, to the satisfaction of the Department of Public Works, Development Services Division:
• Demonstrate that all structural BMP’s described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications; and • Demonstrate that the OWNER is prepared to implement all non-structural BMP’s described in the Project WQMP; and
• Demonstrate that an adequate number of copies of the approved Project WQMP are available on- site; and
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
COMPLETED
13 That prior to approval of the first building permit, a maintenance covenant must be recorded by the OWNER.
Prior to recordation, the OWNER shall submit the maintenance covenant to the Department of Public Works, Development Services Division, for approval by the City Engineer and the City Attorney. The covenant shall
COMPLETED
October 28, 2024
5 include provisions for maintenance of facilities as required above, including compliance with the approved Water Quality Management Plan and a maintenance exhibit. 14 That prior to issuance of the grading permit, the OWNER shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waster Discharge Identification (WDID) Number. The OWNER shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request.
COMPLETED
15 That prior to issuance of the grading permit, the OWNER shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The study shall include an analysis of 10, 25, and 100-year storm frequencies, an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition, and address whether off-site and/or on-site drainage improvements (such as detention/retention basins or surface run-off reduction) will be required to prevent downstream properties from becoming flooded. The lateral storm drains will be necessary to meet the surface flow requirements stated in the drainage criteria.
COMPLETED
16 That prior to issuance of the first building permit, plans shall indicate that all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with applicable City of Anaheim, Department of Public Works, Standard Plans and Details.
COMPLETED
17 That prior to final parcel map approval, all existing structures shall be demolished. The OWNER shall obtain a demolition permit from the Planning Department, Building Division.
COMPLETED
18 That prior to issuance of the first building permit, OWNER shall irrevocably offer to dedicate to the City of Anaheim an easement 60 feet in width from the centerline of La Palma Avenue for street, public utility and/or other public purposes.
COMPLETED
19 That prior to issuance of the first building permit, OWNER shall obtain a Right of Way Construction Permit from the Public Works Department, Development Services Division to replace curb, gutter, parkway landscaping, and sidewalks on those requisite portions of La Palma Avenue, and shall be maintained by OWNER. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to the issuance of the first building permit. The improvements shall be installed prior to final zoning and building inspection.
COMPLETED
20 That sanitary sewer, private streets within the development, and storm drains for this development shall be privately maintained by OWNER prior to the approval of the CC&Rs as required above.
COMPLETED
21 That prior to issuance of the first building permit and right-of-way construction permit for the storm drain, whichever occurs first, a Save Harmless in-lieu of Encroachment Agreement is required to be recorded on the property for any private storm drains connecting to a City storm drain.
COMPLETED
October 28, 2024
6 22 That a final parcel map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder.
COMPLETED
23 That OWNER shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the OWNER’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section and approved by the City Attorney and City Engineer and then recorded concurrently with the final parcel map.
COMPLETED
24 That prior to issuance of the first building permit, the following shall be submitted and approved by the Public Works Department:
• Proof of Final Parcel Map recordation
• Any revisions to the original grading plan related to the building pad(s) • Two copies of the interim soils report indicating pad compaction and site stability • The original and two copies of a letter of certification for the building pads from the civil engineer.
COMPLETED
25 That prior to issuance of first building permit, OWNER shall obtain a Right of Way Construction Permit from Public Works/Development Services to widen and replace curb, gutter, parkway landscaping/irrigation, and sidewalks on those requisite portions of La Palma Avenue, and shall be maintained by OWNER. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to the issuance of the first building permit. The improvements shall be installed prior to final zoning and building inspections.
COMPLETED
26 Bonds required for traffic-related improvements shall be posted in the amounts required and in accordance with Public Works requirements and the Subdivision Map Act except that the timing of these bonds for traffic-related improvements where the permit is issued by outside agencies such as Caltrans may be deferred in light of the extended period of time before such improvements are required to be installed subject to approval of the City’s Traffic and Transportation Manager.
COMPLETED
27 That prior to final parcel map approval, the existing 48-foot wide utility and access easement adjacent to the SR- 91 Freeway shall be abandoned.
COMPLETED
28 That prior to issuance of the first building permit, Owner shall submit a final written solid waste management plan signed by the OWNER to the Streets and Sanitation Division of the Public Works Department for review and approval. The property owner shall then operate in accordance with the approved written solid waste management plan, as it may be modified by OWNER from time to time subject to written approval by the Director of Public Works. Said solid waste management plan shall be incorporated into the recorded CC&Rs for the Property required pursuant to conditions contained herein.
COMPLETED
October 28, 2024
7 29 That prior to issuance of the first demolition permit, OWNER shall submit a demolition recycling plan for review and approval by the Public Works Department, Streets and Sanitation Division. The demolition recycling plan shall indicate type of material to be demolished, anticipated tonnage diverted and anticipated tonnage landfilled. Inert demolition material (dirt, concrete, masonry, asphalt, etc.) shall be disposed of in an inert reclamation site, or diverted by other means rather than landfilled.
COMPLETED
30 That plans shall indicate trash storage areas in a location acceptable to the Public Works Department, Streets and Sanitation Division, as depicted in the approved Final Site Plan.
COMPLETED
31 That prior to issuance of the first building permit, plans shall be submitted for approval by the Public Utilities Department, Water Engineering Division and the Cross Connection Control Inspector demonstrating that all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys in locations approved by the Water Engineering Division of the Public Utilities Department and the Planning Department. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water meter system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division above ground and outside of the street setback area on private property in an easement, in a manner fully screened through landscaping from all public streets and alleys.
COMPLETED
32 That prior to issuance of the first building permit, plans shall demonstrate that all existing water services and fire lines shall conform to current Water Utility Standards to the satisfaction of the Public Utilities Department, Water Engineering Division. Any existing water services and/or fire lines that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned, if no longer needed, by the OWNER prior to approval of the grading plan.
COMPLETED
33 That prior to issuance of the first building permit all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be processed through and approved by the Public Utilities Department, Water Engineering Division.
COMPLETED
34 That prior to submitting an application for water meters, fire lines or water improvement plans for approval, whichever occurs first, OWNER shall submit to the Public Utilities Department, Water Engineering Division, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the entire 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.6 of the Water Utility Rates, Rules, and Regulations.
COMPLETED
35 That prior to issuance of the first building permit, because this project has a landscaping area exceeding 2,500 square feet, plans shall specifically show that a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. OWNER shall install the required meter and backflow device prior to the first final building and zoning inspection.
COMPLETED
36 That prior to issuance of the first building permit, OWNER shall irrevocably offer to dedicate to the City of COMPLETED October 28, 2024
8 Anaheim an easement on OWNER’s Property for all large domestic water meters, including a five (5) foot wide easement around the water meter pad, a twenty (20) foot wide easement for all water service laterals, and an easement for other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. The requirements and easement notes of the Public Utilities Department, Water Engineering Division shall be included in all easement dedications/deeds for water facilities. 37 That all existing water services and fire lines shall conform to current Water Services Standards Specifications.
Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. OWNER shall be responsible for the costs to upgrade or abandon any water service or fire line.
COMPLETED
38 That prior to issuance of the first building permit and prior to commencement of structural framing, fire hydrants shall be installed and charged as required by the Fire Department and shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Said information shall be specifically shown on plans submitted for building permits.
COMPLETED
39 That prior to issuance of the first building permit, or prior to delivery of combustible materials for construction of buildings, whichever occurs first, OWNER shall complete all necessary water facilities to provide the fire flows required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits.
COMPLETED
40 That during construction, an all-weather access road as approved by the Fire Department shall be provided. COMPLETED 41 That prior to final building and zoning inspection, a fire alarm system shall be designed, installed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire alarm system shall be included in the recorded CC&Rs for the project required pursuant to the conditions contained herein.
COMPLETED
42 That prior to issuance of the first building permit, plans shall show how emergency vehicular access will be provided and maintained in accordance with Fire Department Specifications and Requirements.
COMPLETED
43 That prior to final building and zoning inspection, an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire sprinkler system shall be included in the recorded CC&Rs for the project pursuant to the conditions contained herein.
COMPLETED
44 That prior to issuance of the first building permit, as determined by the Fire Chief in consultation with City staff, OWNER shall enter into an agreement with the City for the installation of traffic signal preemption equipment for the surrounding controlled intersections.
COMPLETED
45 That prior to issuance of the first building permit, plans shall demonstrate that all above-ground utility devices shall be located on private property and outside any required setback areas unless otherwise permitted by Code.
COMPLETED
46 That prior to issuance of the first building permit, plans shall show the location and required landscape and/or hardscape screening of all pad-mounted equipment.
COMPLETED
47 That any required relocation of City electrical facilities shall be at OWNER’s expense per the Electrical Rates, COMPLETED October 28, 2024
9 Rules, and Regulations.
48 That the property is to be served with underground utilities per the Electrical Rates, Rules, and Regulations. COMPLETED 49 That prior to final building and zoning inspection, OWNER shall provide the City of Anaheim with a public utilities easement (per final electrical design), along/across high voltage lines, low voltage lines crossing private property, and around all pad-mounted transformers, switches, capacitors, etc. on OWNER’s Property. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service.
COMPLETED
50 That prior to issuance of the first building permit, OWNER shall finalize the abandonment of any existing public utilities easements to the satisfaction of the Department of Public Works, Development Services Division and the Public Utilities Department, Electrical Engineering Division.
COMPLETED
51 As shown on approved Final Site Plan, OWNER shall submit plans to the Police Department for review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g. building design, circulation, site planning, and lighting of parking structures and parking areas).
COMPLETED
52 That prior to issuance of the first building permit including the parking structure, OWNER shall submit plans for review and approval by the Police Department indicating closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and lobby entrances to the satisfaction of the Anaheim Police Department. Said information shall be specifically shown on plans submitted for building permits. Security cameras and emergency stations shall be installed and operational to the satisfaction of the Anaheim Police Department prior to the final building and zoning inspection.
COMPLETED
53 That prior to issuance of building permits, plans shall show that 4-foot-high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. Said numbers shall not be visible from view of the street or adjacent properties. Said information shall be subject to the review and approval of the Police Department and the Planning Department, Planning Services Division. Said numbers shall be provided prior to the first final building and zoning inspection for each building.
COMPLETED
54 That prior to issuance of building permits, plans shall indicate that the building address shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. The building number shall be a minimum of 12-inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness.
Said numbers shall be installed prior to the first final building and zoning inspection for each building.
COMPLETED
55 That prior to issuance of the first building permit, plans shall indicate that adequate lighting shall be provided throughout the project, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be installed prior to the first final building and zoning inspection for the parking structure.
COMPLETED
56 That prior to issuance of the building permit for the parking structures, plans shall show that a minimum lighting COMPLETED October 28, 2024
10 level of one (1) foot-candle measured at the parking surface shall be maintained for the parking structures with a maximum to minimum ratio no greater than 10:1. Said lighting shall be installed prior to the first final building and zoning inspection for the parking structure.
57 That prior to final building and zoning inspections, a knox box shall be installed at any roof-top hatchway to allow Police and Fire access to interior.
COMPLETED
58 That prior to issuance of the first building permit, plans shall show that windows accessible from the side and rear and not viewable from the street shall consist of rated burglary resistant glazing or its equivalent that attaches to the frame.
COMPLETED
59 That prior to issuance of the building permit, OWNER shall comply with Anaheim Ordinance No. 6016, Public Radio System Coverage and complete the Initial tests, as noted in the ordinance. Proof of compliance shall be provided prior to the first final building and zoning inspection.
COMPLETED
60 That prior to issuance of the first building permit for the parking structure, plans shall show directional signage, including floor designation and section, on each level of the parking structure to expedite movement within the facility. Said signage shall be a minimum of 12 inches in height and of a contrasting color to the background. It shall be displayed not less than 60 inches from the parking surface and be highly visible form within any portion of the facility.
COMPLETED
61 That prior to issuance of the first building permit, plans shall show that emergency exits, not intended as a primary entrance, shall have no exterior handles, knobs, or levers.
COMPLETED
62 That prior to issuance of the first building permit, plans shall show that any exterior doors that open in an outward direction that uses pin-type hinges shall have non-removable hinge pins.
COMPLETED
63 That ongoing during construction, emergency contact information including contact name and phone number shall be posted on the project site. Said information shall be indicated on plans submitted for building permits.
COMPLETED
64 That prior to issuance of a building permit, the applicable Citywide Traffic Impact Fee shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council.
COMPLETED
65 That prior to the issuance of the first building permit, street improvement plans shall be submitted for the new traffic signal and related traffic circulation improvements at the intersection of La Palma Avenue and Cosby Way to the Public Works Department, Development Services Division for review and approval. All improvements shall be installed and completed prior to the first final building and zoning inspection.
COMPLETED
66 That prior to issuance of building permits, a bond shall be posted for all traffic related street improvements, including, but not limited to, traffic signals (including modification of the signals and relocation of signal poles and equipment), directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection.
COMPLETED
67 That prior to the issuance of a building permit, plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with all applicable City of Anaheim, Department of
COMPLETED
October 28, 2024
11 Public Works, Standard Plans and Details pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 68 That prior to the issuance of a building permit, plans shall be submitted to show any proposed gates and shall demonstrate that gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to all applicable City of Anaheim, Department of Public Works, Standard Plans and Details. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager.
N/A
69 That ongoing during business operations, no parking area shall be fenced off or otherwise enclosed for outdoor storage uses.
ONGOING
70 That prior to the issuance of a building permit, plans shall show conformance with all applicable City of Anaheim, Department of Public Works, Standard Plans and Details pertaining to sight distance visibility for signs and wall/fence locations to the satisfaction of the City Traffic and Transportation Manager.
COMPLETED
71 That prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits.
COMPLETED
72 That prior to issuance of building permits, plans shall specifically indicate that all vehicular ramps and grades conform to all applicable City of Anaheim, Department of Public Works, Standard Plans and Details to the satisfaction of the City Traffic and Transportation Manager.
COMPLETED
73 That prior to issuance of the first building permit for the parking structure, plans shall demonstrate that at-grade ducts and overhead pipes shall not encroach in the parking space area or required vehicle clearance area.
COMPLETED
74 That prior to issuance of a building permit, the applicable Citywide Park Fee shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution. Said fee shall be subject to adjustment by the City Council.
COMPLETED
75 That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti.
COMPLETED
76 That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 18 of Conditional Use Permit No. 2006-05146, and as conditioned herein.
ONGOING
77 That the applicant is responsible for paying all charges related to the processing of this discretionary case application within seven (7) days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application.
COMPLETED
MITIGATION MONITORING PLAN NO. 147
1-1 Prior to issuance of a building permit, plans shall include energy saving devices above and beyond those currently required under the existing 2005 Building and Energy Efficiency Standards, such as use of energy- efficient appliances (e.g., Energystar appliances) and sunlight-filtering window coatings or double-paned
COMPLETED
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12 windows.
1-2 Prior to issuance of a building permit, plans shall include water-efficient shady trees strategically located within close proximity to the building structures to reduce energy usage at residential, commercial, and office buildings.
COMPLETED
1-3 Ongoing during grading and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to reduce construction-related emissions; however, the resultant value is expected to remain significant.
a) The contractor shall ensure that all construction equipment is being properly serviced and maintained in accordance with manufacturer’s recommendations to reduce operational emissions. b) The contractor shall use Tier 2 or higher off-road construction equipment with higher air pollutant emissions standards. The first federal standards for off-road diesel engines were adopted by the United States Environmental Protection Agency in 1994 for engines over 37 kW (50 hp), referred to as Tier 1 standards. Tier 1 off-road diesel-powered construction equipment were phased in from 1996 to 2000. Tier 2 off-road diesel- powered construction equipment were phased in from 2001 to 2006. These vehicle standards were constructed to emit lower emissions than previous models.
c) The contractor shall utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary diesel-power generators where feasible.
COMPLETED
1-4 Ongoing during grading and construction, the property owner/developer shall implement the following measures in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403 to further reduce PM10 and PM25 emissions. To assure compliance, the City shall verify compliance that these measures have been implemented during normal construction site inspections. The measures to be implemented are listed below:
a) During all grading activities, the project applicant’s construction contractor shall re-establish ground cover on the construction site through seeding and watering as quickly as possible. This would achieve a minimum control efficiency for PM10 of 5 percent.
b) During all grading activities, the project applicant’s construction contractor shall pave on-site haul roads. This would achieve a control efficiency for PM10 of 99 percent compared to travel on unpaved roads. c) The project applicant’s construction contractor shall phase grading to prevent the susceptibility of large areas to erosion over extended periods of time.
d) The project applicant’s construction contractor shall schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. e) During all construction activities, the project applicant’s construction contractor shall sweep streets with Rule 1186 compliant PM10 efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling.
f) During active demolition, debris removal, and grading, the project applicant’s construction contractor shall suspend demolition and grading operations when wind speeds exceed 25 miles per hour. This would achieve an
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13 emissions control efficiency for PM10 under worst-case wind conditions of 98 percent. g) During all construction activities, the project applicant’s construction contractor shall maintain a minimum 12-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other suitable means. This would achieve a control efficiency for PM10 of 91 percent. h) During all construction activities, the project applicant’s construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site. This would achieve an emissions reduction control efficiency for PM10 of 61 percent. i) During active demolition and debris removal the project applicant’s construction contractor shall apply water to disturbed soils at the end of each day. This would achieve an emission control efficiency for PM10 of 10 percent.
j) During scraper unloading and loading, the project applicant’s construction contractor shall ensure that actively disturbed areas maintain a minimum soil moisture content of 12 percent by use of a moveable sprinkler system or water truck. This would achieve a control efficiency for PM10 of 69 percent. k) During all construction activities the project applicant’s construction contractor shall limit on-site vehicle speeds on unpaved roads to no more than 15 miles per hour. This would achieve a control efficiency for PM10 of 57 percent.
1-5 Prior to approval of the grading plan (for Import/Export Plan) and prior to issuance of a demolition permit (for Demolition Plans), the applicant shall submit Demolition and Import/Export Plans detailing construction and demolition (C&D) recycling and waste reduction measures to be implemented to recover C&D materials. These plans shall include identification of off-site locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials on-site or to an adjacent site, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete, for sale or removal by private firms or public agencies for use in construction of other projects, if any cannot be reused at the project site.
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1-6 As feasible, the project shall use coatings and solvents with a volatile organic compound (VOC) content lower than required under Rule 1113. The proposed project shall be subject to the architectural coating application limitations shown in Table 5.1-12, which lists the quantities of paint that would not result in emissions exceeding the South Coast Air Quality Management District’s construction emissions threshold for reactive organic gases (ROG). These limitations represent the maximum quantity of a single type of architectural coating that may be used on a daily basis. In addition, the project shall construct/build with materials that do not require painting, or use pre-painted construction materials, as feasible.
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2-1 Prior to issuance of a grading permit, the applicant shall hire a California- registered geotechnical engineer to prepare and submit a Final Geotechnical Report to the City of Anaheim Building Department. The report shall be prepared according to the most recent Guidelines for Evaluation and Mitigating Seismic Hazards in California. This report shall discuss:
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14 • results from a geotechnical field investigation and geotechnical laboratory testing • detailed site soil conditions
• seismic geologic hazards
• measures to reduce potential safety hazards
• all information and recommendations from the preliminary geotechnical investigation • all future pregrading soil testing, results, and recommendations • criteria for design of foundations and underground walls and slabs, including waterproofing The project design and development shall incorporate all recommended measures outlined in the preliminary and final geologic reports to ensure that safety is not compromised. 2-2 The applicant shall hire a California-registered geotechnical engineer to prepare a detailed liquefaction study.
The study shall be prepared according to the most recent Guidelines for Evaluation and Mitigating Seismic Hazards in California.
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2-3 All grading and construction plans shall clearly indicate required measures as recommended in the Final Geotechnical Investigation.
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2-4 Prior to grading, the project applicant shall hire a qualified corrosion engineer to evaluate finish grade soil sample test results.
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2-5 A qualified corrosion engineer shall prepare a report outlining a detailed analysis and specific recommendations for construction materials, such as concrete mix and buried metal improvements, to resist high concentrations of unacceptable chemical properties of the soil.
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2-6 Following the completion of grading, additional soils testing will be performed to identify specific liquefaction potential of near surface materials to ensure proper foundation support.
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5-1 Where feasible, the project shall use auger cast piles, or a similar system, to drill holes to construct cast-in-place piles for a pile supported transfer slab foundation system as an alternative to use of a pile driver. If alternative construction methods to eliminate the use of an impact pile driver are not feasible, the applicant shall hire a qualified acoustical consultant to prepare a vibration impact analysis to assess potential structural damage at the adjacent structures. The vibration impact analysis shall require that construction activities are prohibited where vibration levels would result in structural damage.
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5-2 Prior to and during construction activities, the project contractor shall properly maintain and tune all construction equipment to minimize noise emissions.
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5-3 During construction activities, the contractor shall locate all stationary construction noise sources (e.g., generators, compressors, staging areas) as far from occupied noise-sensitive receptors as is feasible.
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5-4 During construction activities, material delivery, soil haul trucks, and equipment servicing, shall also be restricted to the hours set forth in the City of Anaheim, Section 6.70.
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6-1 The property owner/developer shall submit plans to the Anaheim Police Department for review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (i.e., building design, circulation, site planning and lighting of parking structure
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15 and parking areas). Rooftop addresses shall be provided for all parking structures (for the police helicopter).
Minimum size for numbers shall be provided for all parking structures (for the police helicopter). Minimum size for numbers shall be four feet in height and two feet in width. The lines for the numbers shall be six inches thick and spaced 12 to 18 inches apart. All numbers shall have a contrasting color to the parking structure and shall face the street to which the structure is addressed.
6-2 The property owner/developer shall submit plans to the Anaheim Police Department for review and approval indicating the provision of closed circuit monitoring and recording or other substitute security measures as may be approved by the Anaheim Police Department. Said measures shall be implemented prior to final Building and Zoning inspections.
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6-3 The property ownerIdeveloper shall submit design plans that shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Anaheim Police Department, and shall be subject to the reviews and approval of the Anaheim Police Department.
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6-4 If the Anaheim Police Department or Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fairshare basis, if applicable, for reasonable costs associated with such services.
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7-1 Ongoing during project implementation, the property owner/developer project shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. Objectives of the TDM program shall be:
• Increase ridesharing and use of alternative transportation modes by guests. • Provide a menu of commute alternatives for employees to reduce project-generated trips. • Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership.
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7-2 Prior to final Prior to final Building and Zoning inspection and ongoing during project operation, the property owner/developer shall provide a menu of Transportation Demand Management (TDM) program strategies elements for both existing and future employees’ commute options, to include, but not be limited to:
• Provide on-site services, such as food, retail, and other services. • Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a “matching’ of employees with other employees who live in the same geographic areas and who could rideshare. • Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in existing vanpool programs.
• Transit Pass. Promote Southern California Rapid Transit District and Orange County Transportation Authority (including commute rail) passes through financial assistance and on-site sales to encourage employees to use the various transit and bus services from throughout the region. • Shuttle Service. Generate a commuter listing of all employees living in proximity to the project and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. Event shuttle service will be available for the guests.
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16 • Bicycling. Develop a bicycling program to offer a bicycling alternative to employees. Provide secure bicycle racks, lockers, and showers as part of this program, as well as maps of bicycle routes throughout the area to inform potential bicyclists of these options.
• Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift.
• Target Reduction of Longest Commute Trip. Develop an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Stagger work shifts.
• Develop a compressed work week” program, which provides for fewer work days but longer daily shifts as an option for employees.
• Explore the possibility of a “telecommuting” program that would link some employees via electronic means (e.g., computer with modem).
• Develop a parking management program that provides incentives to those who rideshare or use transit means other than single-occupant auto to travel to work.
• Access. Preferential access to high-occupancy vehicles and shuttles may be provided. • Financial Incentive for Ridesharing and/or Public Transit. Currently, federal law provides tax-free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools.
• Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. • Special ‘Premium’ for the Participation and Promotion of Trip Reduction. Offer tickets/passes to special events, vacation, etc., to employees who recruit other employees for vanpool, carpool, or other trip reduction programs.
• Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips.
7-3 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan adjacent to their property and consistent with the adopted Master Plan.
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7-4 Prior to issuance of the first final site plan, the project applicant/developer shall provide fair-share funding (as identified in the project traffic study) for following improvements:
• La Palma Avenue at Tustin Avenue. Convert the outside northbound through lane to a shared through/right- turn lane.
• La Palma Avenue at Grove Street. Install a traffic signal at this intersection; relocate the south leg (Grove Street south of La Palma Avenue) to align with the north leg (Grove Street north of La Palma Avenue). Traffic
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17 signal operations at the intersections of La Palma Avenue at Grove Street and at Cosby Way will need to be coordinated and synchronized.
• Tustin Avenue - SR-91 to La Palma Avenue. Add one through lane in the northbound direction on Tustin Avenue (for a total of four through-lanes in each direction) between SR-91 and La Palma Avenue. • Kraemer Boulevard - SR-91 to La Palma Avenue. Add one through lane in each direction on Kraemer Boulevard (for a total of four through-lanes in each direction) between SR 91 and La Palma Avenue. 7-5 Prior to issuance of the first final site plan for Phase II (2011), the project applicant/developer shall provide fair- share funding (as identified in the project traffic study) for the following improvements:
• La Palma Avenue at Kraemer Boulevard. Widen the north side of La Palma Avenue east of Kraemer Boulevard to provide a right turn-only lane, and restripe the eastbound approach to convert one through lane to a through/right-turn lane.
• La Palma Avenue at Miller Street. Widen and stripe the northbound approach to provide one left-turn lane, one through lane, and one right-turn lane.
• La Palma Avenue at Tustin Avenue. Widen the northbound approach to this intersection to add a northbound through lane (the northbound approach would consist of two left-turn lanes, two through lanes, one shared through/right-turn lane, and one right turn-only lane).
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7-6 Prior to issuance of the first final site plan for Phase III (2014), the project applicant/developer shall provide fair-share funding (as identified in the project traffic study) for the following improvements:
• SR-91 Westbound Ramps at Tustin Avenue. Restripe the westbound off-ramp to provide a shared left turn/right turn lane and two right turn-only lanes.
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7-7 Prior to issuance of the first final site plan for Phase IV (2020), the project applicant/developer shall provide fair-share funding (as identified in the project traffic study) for the following improvements:
• La Palma Avenue at Tustin Avenue, Widen the northbound approach (Tustin Avenue) and the north side of the west leg (La Palma Avenue) to provide a third northbound left-turn lane. • Lincoln Avenue at Tustin Avenue. Restripe the westbound approach to provide two left-turn lanes, one through lane and one shared through/right-turn lane, and convert the east/west signal operations from split phasing to protected left-turn phasing.
• Orangethorpe Avenue at Kraemer Boulevard. Widen the eastbound approach (Orangethorpe Avenue) to provide a second eastbound left-turn lane.
• La Palma Avenue at Kraemer Boulevard. Widen the westbound approach (La Palma Avenue) to provide a right turn-only lane (the westhound approach would consist of two left-turn lanes, two through lanes, one shared through/right turn lane, and one right turn-only lane). • La Palma Avenue at Miller Street. Restripe the southbound approach to provide one left-tum lane, one through/right-turn lane, and one right-turn-only lane. In conjunction with Intelligent Transportation Systems (ITS) improvements at this intersection, in particular, the transportation kiosk directing employees and clients exiting the project to utilize the Cosby Way exit as an alternative to the Miller Street exit, these improvements
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18 will reduce project impacts at this location to less than significant. • La Palma Avenue at Tustin Avenue. Implement ITS improvements (fair-share participation in the La Palma Avenue Traffic Light Synchronization Program).
• SR-91 Westbound ramps at Tustin Avenue. Providing a free right turn lane from the SR 91 westbound off- ramp to northbound Tustin Avenue.
• Kraemer Boulevard at Chapman Avenue. Restripe the northbound approach to provide a second northbound left-turn lane.
• La Palma Avenue at Blue Gum Street. Implement ITS improvements; • Lincoln Avenue/NohI Ranch Road at Santiago Boulevard. Convert the outside southbound through lane to a shared through/right turn lane and retime the signal at this intersection to better accommodate 2025 traffic demand.
7-8 Prior to the issuance of building permits, a ramp/merge/diverge, freeway mainline, and ramp capacity analysis for all project-impact segments as defined in the Caltrans Guide for the Preparation of Traffic Impacts Studies, including the WB SR-91 off-ramp at Tustin Avenue, the EB SR-91 on-ramp at Tustin Avenue (loop ramp), and the EB SR-91 off-ramp at Glassell Street (loop ramp), shall be prepared using Highway Capacity Manual (HCM) methodology and shall be prepared to the satisfaction of the City of Anaheim Public Works Department, the Orange County Transportation Authority (OCTA), and the Department of Transportation (Caltrans). Queue analyses at ramp segments and ramp intersections shall be included as part of this analysis. The study shall identify required improvements to maintain adequate levels of service for Caltrans facilities (Level of Service “D”) required by Caltrans and shall identify fair-share participation for those improvements. Caltrans recommends that the analysis be submitted as early as possible for early coordination and review.
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