Document Anaheim_doc_317c14ff3d

Appendices SEIR No. 339 City of Anaheim Appendix I Proposed Amendments to the Platinum Triangle Master Land Use Plan • Appendix I.1. Redline • Appendix I.2. Clean Copy ---PAGE BREAK--- Appendices The Planning Center August 2010 This page intentionally left blank. ---PAGE BREAK--- Appendices SEIR No. 339 City of Anaheim Appendix I.1 Redline ---PAGE BREAK--- Appendices The Planning Center August 2010 This page intentionally left blank. ---PAGE BREAK--- DSEIR No. 339 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 2 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 3 TABLE OF CONTENTS 1.0 INTRODUCTION 7 1.1 Amendments 10 1.21 General Plan Framework 1011 1.21.1 Land Use Designations 1012 1.32 Environmental Requirements 1213 1.43 Existing Opportunities 1213 2.0 THE PLATINUM TRIANGLE VISION 1314 2.1 Planning Principles 1314 2.1.1 Balance and Integrate Uses 1314 2.1.2 Stimulate Market-Driven Development 1314 2.1.3 Create a Unique, Integrated, Walkable Urban Environment 1314 2.1.4 Develop an Overall Urban Design Framework 1314 2.1.5 Reinforce Transit Oriented Development Opportunities 1415 2.1.6 Maintain and Enhance Connectivity 1415 2.1.7 Create Great Neighborhoods 1415 2.1.8 Provide for Installation and Maintenance of Public Improvements 1415 2.2 Urban Design Elements and Attributes 1516 2.2.1 Build on a Connected Street Network with Appropriate Block Size 1516 2.2.2 Provide Variation in Housing Type 1516 2.2.3 Provide Parks and Recreational-Leisure Areas 1718 2.2.4 Create a Street/Ground Floor Zone that is Attractive, Safe and Engaging 1718 2.2.5 Provide a Centerpiece Walking and Shopping District – The Market Street 1819 3.0 MIXED USE DISTRICT OVERVIEW 2122 3.1 Development Intensities 2122 3.2 Stadium District 2324 3.3 Arena District 2425 3.4 Katella District 2526 3.5 Gene Autry District 2627 3.6 Gateway District 2728 3.7 Orangewood District 2829 3.8 ARTIC District 30 3.9 Office District 31 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 4 4.0 PUBLIC REALM LANDSCAPE AND IDENTITY PROGRAM2932 4.1 Streetscape Elements 2932 4.1.1 Gateways 2932 4.1.2 Public Art 2932 4.1.3 Light Standards 3033 4.1.4 Street Furniture 3235 4.1.5 Signs 3235 4.2 Landscape Concept Plan and Cross Sections 3336 4.2.1 Katella Avenue 3639 4.2.2 State College Boulevard 4043 4.2.3 Gene Autry Way 4548 4.2.4 Orangewood Avenue 4750 4.2.5 Douglass Road (North of Katella Avenue) 5154 4.2.6 Anaheim Way 5356 4.2.7 Lewis Street 5558 4.2.8 Amtrak/Metrolink LineRailroad Right-of-Way 5861 4.2.9 Secondary Streets: Howell Avenue, Sunkist Street and Cerritos Avenue 6063 4.2.10 Market Street 6265 4.2.11 Connector and Collector Streets 6467 4.2.12 Intersections with Supplemental Lanes 6670 APPENDICES The Platinum Triangle Mixed Use (PTMU) Overlay Zone Appendix A The Platinum Triangle Standardized Development Agreement Appendix B Mixed Use Districts Appendix B1 Office District Appendix B2 Updated and Modified Mitigation Monitoring Program No. 106CA for The Platinum Triangle Appendix C Standard Detail for Newspaper Racks Appendix D The Platinum Triangle Median and Parkway Planting Matrix Appendix E A-Town Metro Public Realm Landscape and Identity Program Appendix F PTMU Overlay Zone District Sub-Area Development Intensities Appendix G ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 5 LIST OF TABLES Table 1: General Plan Development Intensities 10 Table 21: Building Types 1516 Table 32: PTMU Overlay Zone Development Intensities 2122 LIST OF FIGURES Figure 1: Location Map 7 Figure 2: Aerial Photo 8 Figure 3: General Plan Designations 1112 Figure 4: The Platinum Triangle Urban Design Plan 2021 Figure 5: Mixed-Use and Office Districts 2223 Figure 6: Stadium District Underlying Zoning and Location Map 2324 Figure 7: Arena District Underlying Zoning and Location Map 2425 Figure 8: Katella District Underlying Zoning and Location Map 2526 Figure 9: Gene Autry District Underlying Zoning and Location Map 2627 Figure 10: Gateway District Underlying Zoning and Location Map 2728 Figure 110A: Orangewood District Underlying Zoning and Location Map 2829 Figure 12: ARTIC District Underlying Zoning and Location Map 30 Figure 13: Office District Underlying Zoning and Location Map 31 Figure 141: Anaheim Resort Light StandardCity of Anaheim Street Light Special Design No. 744 Anaheim Recreational Area 3033 Figure 152: Connector and Collector Street Light Standard 3033 Figure 162A: Market Street Light Standard 3134 Figure 172B: Market Street Pedestrian Light Standard 3134 Figure 183: Citywide Standard Bus Bench 3235 Figure 19: Street Identification Sign 35 Figure 2014: Landscape Concept Plan 3437 Figure 2115: Cross Section Map 3538 Figure 2216: Katella Avenue: - Santa Ana Freeway to East of State College Boulevard (Stadium Entrance) 3740 Figure 2317: Katella Avenue: - Highway of National Significance, East of State College Boulevard (Stadium Entrance) to Orange Freeway 3841 Figure 2418: Katella Avenue: - Orange Freeway to East City Limits 3942 Figure 2519: State College Boulevard: - South City Limits to Gene Autry Way 4144 Figure 260: State College Boulevard: - Gene Autry Way to Katella Avenue 4245 Figure 271: State College Boulevard: - Katella Avenue to 500’ North of Howell Avenue 4346 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 6 Figure 282: State College Boulevard: - 500’ North of Howell Avenue to Cerritos Avenue 4447 Figure 293: Gene Autry Way: - Santa Cruz Street Betmor Lane to State College Boulevard 4649 Figure 3024: Orangewood Avenue: - Santa Ana Freeway to State College Boulevard 4851 Figure 3125: Orangewood Avenue: - State College Boulevard to 800’ e/o State College Blvd.Dupont Drive 4952 Figure 3225A: Orangewood Avenue: – Dupont Drive to East City Limits– 800’ e/o State College Boulevard to Caltrans Right-of-Way 5053 Figure 3326: Douglass Road: North of Katella Avenue 5255 Figure 3427: Anaheim Way 5457 Figure 3528: Lewis Street: - Gene Autry Way to Katella Avenue 5659 Figure 3629: Lewis Street: - Katella Avenue to Cerritos Avenue 5760 Figure 3730: Railroad Amtrak/Metrolink Right- of- Way 5962 Figure 3831: Secondary Streets (Howell Avenue, Sunkist Street , and Rampart Street)and Cerritos Avenue) 6164 Figure 3932: Conceptual Market Street 6366 Figure 4033: Conceptual Connector Street 6568 Figure 41: Collector 69 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 7 1.0 INTRODUCTION The Platinum Triangle Master Land Use Plan envisions an exciting future for the area surrounding Angel Stadium of Anaheim, The Grove of Anaheim and the Honda Center. Amidst millions of square feet of new development opportunities for office, restaurant and residential projects, is an established destination featuring high- rise lofts, two championship sports teams, an exciting array of dining and entertainment, plus immediate access to the rest of Southern California from three freeways and a major transit center. This plan is intended to provides for mixed-use development to enhance this create a dynamic mix of uses and upscale, high-density urban housing and provide cohesion through innovative design standards and integrated by a carefully planned network of pedestrian walkways, streetscape improvements and recreation spaces – that will designed to create an urban environment of a scale never before seen in Orange County. The 820-acre Platinum Triangle will blend leading- edge businesses and employment, world champion entertainment and exciting residential neighborhoods, Figure 1: Location Map ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 8 creating a unique opportunity in the heart of Orange County. Located in the City of Anaheim, at the confluence of the I-5 and SR-57 Freeways, the 820-acre Platinum Triangle is traversed by a major intercity/commuter railroad line, encompasses Angel Stadium of Anaheim and the Arrowhead Pond of Anaheimand has tremendous visibility (see Figures 1 and ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 9 Figure 2: Aerial Photo ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 10 On May 25, 2004, the Anaheim City Council approved a comprehensive citywide General Plan Update which included new land use designations intended to implement the vision for Tthe Platinum Triangle. The General Plan Update changed the General Plan designations within the area from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed-Use, Office High, Office Low, Industrial, Open Space and Institutional (see Figure 3) to provide opportunities for existing uses to transition to mixed- use, residential, office and commercial uses. The General Plan Update also established the maximum development intensity for the Platinum Triangle to be 9,500 dwelling units, 5,000,000 square feet of office space, and 2,254,400 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0. On October 25, 2005, the Anaheim City Council approved General Plan Amendment No. 2004-00420, which added an additional 325 dwelling units and 210,100 square feet of additional commercial square footage to the maximum development intensity for The Platinum Triangle. On June 5, 2007, the Anaheim City Council approved General Plan Amendment No, 2006-00449, which added an additional 67 dwelling units to the maximum development intensity for The Platinum Triangle. On August 21, 2007, the Anaheim City Council approved General Plan Amendment No. 2006-00446, which added an additional 699 dwelling units to the maximum development intensity for The Platinum Triangle. The Platinum Triangle Master Land Use Plan also serves as the blueprint for public improvements within Tthe Platinum Triangle, including conceptual park locations, a proposed street network and streetscape design. Private development is regulated through the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as “PTMU Overlay Zone”) and the Platinum Triangle Standardized Development Agreement (see Appendices A and The Platinum Triangle Master Land Use Plan replaces and supersedes the Anaheim Stadium Area Master Land Use Plan. This A previous planning study, approved in March 1999, the Anaheim Stadium Area Master Land Use Plan, provided a plan for office, sports, entertainment and retail uses around a sports entertainment destination known as Sportstown. The Platinum Triangle Master Land Use Plan replaces and supersedes the Anaheim Stadium Area Master Land Use Plan. ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 11 The PTMU Overlay Zone replaces and supersedes the (SE) (Sports Entertainment Overlay) Zone, which was the implementing zone for the Anaheim Stadium Area Master Land Use Plan. However, unlike the (SE) Overlay Zone, the PTMU Overlay Zone does not apply to all of the properties within the Platinum Triangle Master Land Use Plan. The PTMU Overlay Zone only applies to properties within the Platinum Triangle designated by the General Plan for Mixed- Use and to a 3.8-acre area on the south side of Orangewood Avenue between East and West Dupont Drive designated for Office High land uses (this 3.8- acre area is the PTMU Overlay, Office District) Office uses. In addition to utilizing the PTMU Overlay Zone, these properties may also continue to develop using their underlying zones, which vary from include I (Industrial), O-L (Low Intensity Office), O-H (High Intensity Office), PR (Public Recreational), T (Transitional), SP (Semi-Public) to and C-G (General Commercial). The underlying zones for properties within the area designated for Mixed-Use and Office uses by the General Plan are shown on Figures 6-13. Properties within the Platinum Triangle that are not designated for Mixed-Use and Office uses by the General Plan are designated for Office High, Office Low, Open Space, Industrial and Institutional uses. The respective implementing zones are O-H (High Intensity Office), PTMU Overlay Zone, Office District, O-L (Low Intensity Office), I (Industrial), OS (Open Space), I (Industrial) and SP (Semi-Public). ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 12 1.1 Previous Amendments On October 25, 2005, the Anaheim City Council approved General Plan Amendment No. 2004-00420, which added an additional 325 dwelling units and 210,100 square feet of commercial development to the maximum development intensity permitted for mixed use development within the Platinum Triangle. On June 5, 2007, the Anaheim City Council approved General Plan Amendment No, 2006-00449, which added an additional 67 dwelling units to the maximum development intensity permitted for mixed use development within the Platinum Triangle. On August 21, 2007, the Anaheim City Council approved General Plan Amendment Nos. 2006-00446 and 2006-00455. General Plan Amendment No. 2006- 00446 added an additional 699 dwelling units to the maximum development intensity permitted for mixed use development within the Platinum Triangle. General Plan Amendment No. 2006-00455, added an additional 50,550 square feet of office uses and 10,000 square feet of commercial uses to the maximum development intensity permitted for properties within the Platinum Triangle designated by the General Plan for office development. On the Anaheim City Council approved General Plan Amendment No. 2008-00471, which increased the development intensity for properties designated by the General Plan for mixed use and office development to a maximum of 18,909 dwelling units; 4,909,682 commercial square feet; 14,340,522 office square feet; and 1,500,000 institutional square feet. Table 1: General Plan Development Intensities Land Use Designation Maximum Amount of Development Permitted Mixed-Use  Residential 18,909 Dwelling Units  Commercial 4,909,682 Square Feet  Office 9,862,166 Square Feet  Institutional 1,500,000 Square Feet Office-High and Office-Low 4,478,356 Square Feet* Institutional 3.0 Floor Area Ratio (FAR) Industrial 0.5 FAR Open Space 0.1 FAR * The maximum FAR for properties designated Office-Low is 0.5; the maximum FAR for properties designated Office-High is 2.0. . ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 13 1.21 General Plan Framework As mentioned previously, tThe General Plan provides the overall vision for tThe Platinum Triangle. Goal 15.1 of the General Plan’s Land Use Element envisions tThe Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades. This goal is implemented through the following policies:  Continue more detailed planning efforts to guide the future development of tThe Platinum Triangle.  Encourage a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim.  Encourage mixed-use projects integrating retail, office and higher density residential land uses.  Maximize and capitalize upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways.  Maximize views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River. The Community Design Element provides further policies related to development within tThe Platinum Triangle:  Develop comprehensive, Mixed-Use Overlay Zone and Design Guidelines to implement the vision for tThe Platinum Triangle.  Provide a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access.  Develop a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into tThe Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping.  Develop a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping.  Encourage extensive office development along the highly visible periphery of the area to provide a quality employment center.  Develop criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops.  Identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees. 1.21.1 Land Use Designations The General Plan provides several land use designations for tThe Platinum Triangle (see Figure Below is a description of these uses. Mixed-Use Located in the heart of tThe Platinum Triangle, the area designated for Mixed-Use allows office, retail and residential uses to occur in close proximity or within the same building. An eclectic mix of land uses, building types and walkable streets will provide an exciting new live/work environment. The maximum density for tThe Platinum Triangle Mixed-Use designation is 9,50018,909 dwelling units, 9,862,1663,265,000 square feet of office uses, 4,909,682 and 2,254,400 square feet of commercial uses and 1,500,000 square feet of institutional uses. The designation will be implemented through the Mixed Use Districts in the PTMU Overlay Zone area which will provides for quality neighborhoods and building design through carefully created zoning regulations. The PTMU Overlay Zone also allows existing underlying zoning to remain in place. Property owners may either develop or continue operating under the existing zoning designation or, if they choose, they couldmay take advantage of the ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 14 opportunities to develop under the requirements of the PTMU Overlay Zone. Office High and Office Low Located along the freeways and the periphery of tThe Platinum Triangle, the high and low density office areas will be implemented through the O-H (Office High), Office District designation of the PTMU Overlay, Office District and O-L (Office Low) Zones and will provide new workplace opportunities within easy access to a variety of housing, retail, entertainment and sports facilities within the Mixed- Use areas. The maximum amount of allowable office square footage in these office high and low designations is 1,790,5504,478,356 square feet. Industrial At the northern periphery of tThe Platinum Triangle there are industrial uses, which will continue to provide needed important employment opportunities withinjobs for the area. Industrial uses may have a Floor Area Ratio (FAR) ranging from 0.35 to 0.50. The implementing zone for these uses is the I (Industrial) Zone. Open Space The Open Space designation includes those areas intended to remain in naturalas open space including utility easementseasements that are anticipated to be developed as recreational trails in the future that will provide recreational and trail access to Anaheim’s residents. The implementing zone is the OS (Open Space) Zone. Institutional The Institutional designation covers a wide variety of public and quasi-public land uses and is applied to existing public facilities. Institutional uses may have a FAR of 3.0. The implementing zone is the SP (Semi- Public) Zone. ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 15 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 16 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 17 1.32 Environmental Requirements An Environmental Impact Report (EIR) for the 2004 General Plan Update (EIR No. 330), which included an analysis of the maximum development intensity for tThe Platinum Triangle, was prepared in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. EIR No. 330 identified impacts associated with the General Plan Update Program, including the planned intensity and types of land uses set forth in the General Plan for tThe Platinum Triangle and recommended mitigation measures to lessen these impacts. Since EIR No. 330 was a general plan level of environmental impact analysis, a Ssubsequent EIR (SEIR) was prepared for tThe Platinum Triangle (SEIR No. 332) to further analyze environmental impacts related to the implementation of tThe Platinum Triangle Master Land Use Plan and other associated actions. This SEIR No. 332 was certified in October 2005 and modified and updated the mitigation measures from EIR No. 330 (see Appendix C – Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle). SEIR No. 335 was prepared for The Gene Autry Experience project, a mixed-use project located on 17.6 acres at the southeast corner of Gene Autry Way and State College Boulevard. This project includes the development of up to 1,208 residential units; 50,000 square feet of commercial uses and, 100,000 square feet of office uses. The project required amendments to the General Plan, Platinum Triangle Master Land Use Plan and PTMU Overlay Zone to add 699 residential units to the number of units permitted in the Gene Autry District of The Platinum Triangle.339 was certified in and was prepared to analyze the environmental impacts associated with amendments to the Platinum Triangle Master Land Use Plan and other associated actions to expand the PTMU Overlay Zone boundaries, increase residential, office, commercial and institutional intensities and create the ARTIC and Office Districts. This SEIR modified and updated the mitigation measures from SEIR No. 332. These mitigation measures (Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle) are included as Appendix C to the Master Land Use Plan. ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 18 1.43 Existing Opportunities A number of factors have are creating created thean impetus for tThe Platinum Triangle to transition from a low density industrial area to an urban, mixed use center including: A strong residential market demand combined with a a lack of available land in the region for new housing; this type of large-scale, high-density development in a prime infill location aAn existing stock of aging, low density industrial buildings; and, aA key location at the confluence of three freeways. Two other factors provide an unusual dimension to the ultimate character of the district. First is the opportunity for entertainment related development associated with Angel Stadium of Anaheim, the Honda Center (formerly the Arrowhead Pond) of Anaheim and The Grove of Anaheim. Previous planning studies have explored how the stadium can provide an anchor for sports and entertainment related food, shopping and other experiential commercial uses. Second areisis the existing and existing and future transit opportunities associated with . Thethe Anaheim Regional Transportation Intermodal Center (ARTIC). ARTIC is proposed to provide enhanced access to existing bus, Amtrak and Metrolink services as well as a link to both the proposed California High Speed Rail system and the California/Nevada maglev rail line. ARTIC is proposed to The proposed location be developed on the northern portion of the Stadium District, which currently is developed with incorporates the existing Amtrak/Metrolink station and parking lot, and property adjacent to Douglass Road, south of Katella Avenue, within the ARTIC District. While this station is still in the planning stages, it could provide the engine for a major high density Transit Oriented Development that could be a model for Smart Growth. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 19 2.0 THE PLATINUM TRIANGLE VISION As discussed under the General Plan Framework, tTThe Platinum Triangle Master Land Use Plan envisions an exciting future for the area surrounding Angel Stadium of Anaheim, the Arrowhead Pond of Anaheim Honda Center and The Grove of Anaheim. 2.1 Planning Principles In order to further implement the General Plan polices and establish a framework for the implementation of tThe Platinum Triangle Vision, several certain planning principles have been established.: 2.1.1 Balance and Integrate Uses In order to maximize long-term property value, tThe Platinum Triangle will not only provide new, balanced development opportunities for office, residential and sports/entertainment and allow existing industrial uses to continue, but link the various uses together with walkable streets, open space and consistent landscape. Regardless of market for any one use at a given time, the opportunity and value for all uses will be enhanced by a supportive, integrated and multi-use district approach. 2.1.2 Stimulate Market-Driven Development The Master Land Use Plan is intended to encourage and facilitate and encourage new development within tThe Platinum Triangle and capture the strong residential market demand within the region. The PTMU Overlay Zone is designed intended to guide, not inhibit, current market forces. Development scenarios are encouraged that will lead to strong economic return is encouraged and added value to the community and quality of housing stock. The growth of housing in tThe Platinum Triangle will also stimulate high quality office development since few locations within the region allow for office development provide for both adjacent to housing and local services. 2.1.3 Create a Unique, Integrated, Walkable Urban Environment To achieve the potential of tThe Platinum Triangle in terms of both quality of life and land value, a vibrant, walkable urban environment is required. Comfortable walking environments linking between jobs, attractive housing, open space and local services, while that reduceing the need to drive, and attractive buildings and integrated open space are attributes that require guidance and facilitation. It will be essential that each new project make a contribution toward this new urban quality and character. 2.1.4 Develop an Overall Urban Design Framework Ground floor retail, urban parks and street landscape treatments will be most effective more cohesive if combined into a larger planning vision. These elements, along with new street locations, density concentrations and pedestrian linkages are part of tThe Platinum Triangle Urban Design Plan (see Figure It is also important to link employment and housing so that each supports and facilitates the other. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 20 2.1.5 Reinforce Transit Oriented Development Opportunities The Master Land Use Plan and PTMU Overlay Zone provide opportunities for Transit Oriented Development in close proximity to existing and future rail and bus transportation facilities. Entertainment, retail, high density housing and office are envisioned as potential uses for this emerging new regional activity and mixed use center, situated near the existing Amtrak/Metrolink and , the proposed ARTIC stations, The Grove of Anaheim, and Angel Stadium of Anaheim and the Honda Center. A loop road connecting Gene Autry Way with Douglass Road could also be provided to facilitate linkages in this area. 2.1.6 Maintain and Enhance Connectivity The linkage between The Anaheim Resort and tThe Platinum Triangle will be enhanced, connecting key activity centers the jewels of the City including the Angel Stadium of Anaheim, The Grove of Anaheim, the Honda Center, the Anaheim Convention Center and The Disneyland Resort. On a more local level, emerging neighborhoods will be connected by a newly expanded functional and convenient street network creating a finer-grained network of streets and pedestrian walkways. The system will allow high capacity event-based networks to work in conjunction with an everyday, pedestrian-friendly local circulation system. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 21 2.1.7 Create Great Neighborhoods A major goal of the Master Land Use Plan is to create long lasting neighborhoods that maintain their value and socio-economic vitality. Therefore, the plan provides a fundamentally strong and appropriately scaled framework of blocks, streets, and open space. In addition, service providers will be encouraged to locate their facilities within the Platinum Triangle, based on resident need and site availability. These services may include library facilities, schools, day care centers and locations for community and/or religious assembly. and services. Only by providing these essentials can a really rich, sustainable urbanity be achieved. 2.1.8 Provide for Installation and Maintenance of Public Improvements Financial Mechanisms (such as the approved Community Facilities District and a potential Assessment District) will be established to provide for an equitable contribution towards installation and long term maintenance of infrastructure, street trees, sidewalks, and parks. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 22 2.2 Urban Design Elements and Attributes The Platinum Triangle Urban Design Plan (Figure 4) identifies key physical elements and attributes which are summarized in this section and, where noted, have been incorporated into zoning code standards. These elements and attributes are intended to ensure the development of high quality, sustainable neighborhoods and mixes of uses which will achieve and maintain the highest economic value over the long-term. Sustainability, when applied to neighborhood and district development, means that as economic and market values shift over the coming decades, the inherent visual quality, level of maintenance, and economic value of the building stock and public spaces are maintained or increased along with the region. 2.2.1 Build on a Connected Street Network with Appropriate Block Size The existing street pattern within tThe Platinum Triangle will create lacks a connected local street network. The addition of several carefully located street segments will assist in achieving better traffic distribution, alternative trip routing and smaller sized blocks. This system can provide access to the interior of the existing large industrial parcels so that a mix of moderately scaled residential and office blocks can be developed. This network also provides improved emergency access, refuse pick-up, access to parking areas and a more pedestrian friendly access system to local services, workplaces and transit. This finer grain street pattern will encourage a greater diversity in housing type by reducing the size of projects and making it easier to mix housing types within a single large ownership. The smaller blocks create a more walkable pedestrian network by providing a variety of alternate routes to multiple various routings to a variety of destinations. The conceptual location of these connector streets is shown on Figure 4. Dedication and improvement of these streets is will be required pursuant to tThe Platinum Triangle Standardized Development Agreement (see Appendicesx B1 and B2) which would be is entered into between the property owner and the City of Anaheim for properties that choose to develop utilizing the PTMU Overlay Zone. When a street width is located on more than one property, the first development is will be required to provide all improvements adjacent to their project sidewalks, parkways, landscaping, bike lanes, and parking as indicated in the Public Realm Landscape and Identity Program in Section 4.0 of this document) and two vehicle travel lanes. The property owner/developer may request creation of a reimbursement agreement or other mechanism to provide for the reimbursement for one of the two the second vehicle travel lanes at such time as the adjacent property develops. 2.2.2 Provide Variation in Housing Type Variety in housing and building types not only provides stability in times of market transition but allows a healthy mix of ownership/rental opportunities and household types. It is especially important for tThe Platinum Triangle to have a balance of for-sale and rental housing, if the districts are to maintain strong economic values. Ideally, four attached building types should be encouraged as shown in Table 21 and further explained in the descriptions that follow. Table 21: Building Types Building Type Unit Type Typical Ownership Density Range Units/Acre Tuck-under Townhomes For sale 16-24 Flats Rental 18-30 Wrapped deck Flats Rental 45-80 Podium Townhomes For sale 16-32 Flats/Townhomes For sale 36-65 Flats Rental 48-100 High-rise tower Flats For sale 65-100 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 23 Tuck-under buildings Tuck-under buildings have parking garages located under the living units that and are accessible accessed by surface driveways. Wrapped deck buildings Wrapped deck buildings are buildings that surround, or wrap around, a free-standing (not subterranean) parking structure. Podium buildings Podium buildings have dwelling units located above a subterranean parking structure. High-rise tower buildings A high-rise tower is a building with a height over fifty- five (55) feet. Although market conditions will largely influence dictate which building types are ultimately builtmay or may not be feasible, if a residential development of more than 400 units is proposed on a parcel of five acres or greater, then more than one building type is required to achieve a healthy diversity and mix (i.e.e.g., one building could be a tuck-under building type and another a wrapped deck type building). The building types proposed to meet this requirement must vary by at least twoone (12) storyies in height. This criteria encourages projects of a size and scale that are not overwhelming and provides a rich mix of block, building and unit configurations. Height and coverage criteria will also guide projects toward variations in density and open space. A mix of parking alternatives solutions is also encouraged by providing incentives (tandem and valet parking) for subterranean parking so that higher ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 24 density podium and high-rise tower projects can be achieved. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 25 2.2.3 Provide Parks and Recreational- Leisure Areas Higher density neighborhoods need parks and open space to offset building height and coverage and provide space for informal leisure activities. Well- crafted and programmed public space also encourages people gathering, neighborhood events and community interactionengagement. Residential Ddevelopment on parcels larger than eight acres will be required to provide a mini park based on the number of dwelling units developed on the parcel. These parks will be programmed with flexible -use turf areas, picnicking, child play areas and seating. In addition, every residential development will be required to provide a minimum of two hundred square feet of recreational- leisure area for each dwelling unit within private and/or common areas. The General Plan and tThe Platinum Triangle Urban Design Plan (Figure 4) also identify a larger active neighborhood sports park in the vicinity of the southnorthwestern portion of tThe Platinum Triangle to meet organized field sport needs. 2.2.4 Create a Street/Ground Floor Zone that is Attractive, Safe and Engaging Great urban neighborhoods have attractive, safe and interesting streets that are enjoyable to experience as both a pedestrian and driver. Such streets require quality ground floor architectural treatments, consistent setbacks, landscape and sufficient interaction with the adjacent uses, so that a sense of community an “eyes on the street” sense of naturaland security is achieved. On the arterial streets this will be achieved through landscape, street trees, entries, patios and attractive architecture. On the connector streets, individual dwelling entries and stoops will enhance additionally activate the pedestrian zoneexperience. Setbacks have been established that provide a balance between full utilization of the site for development and creating sufficient room for landscape. The setbacks are the narrowest on the connector streets with lower traffic volumes, encouraging and the desire for a more intimate, humanand human-scale street space. The major intersections within tThe Platinum Triangle will be framed by landmark architecture that addresses the intersections and lets visitors know they have arrived at a major destination. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 26 Ground floor commercial uses will also activate the pedestrian zone. While ground floor retail is encouraged throughout the mixed use areas, their location will only be required adjacent to Market Street and along Gene Autry Way, east of Market Street (see 2.2.5) to insure that retail and other support commercial uses occur in locations supportive of the overall framework plan.Ground floor commercial uses will also activate the pedestrian zone. To insure that retail and other support commercial uses occur in locations supportive of the overall framework plan, their location will only be required adjacent to Market Street and along Gene Autry Way, east of Market Street (see 2.2.5); however they may be located anywhere within the PTMU Overlay Zone. If the square footage of commercial exceeds the amount analyzed for that district by EIR No. 332, further environmental review will be required. 2.2.5 Provide a Centerpiece Walking and Shopping District – The Market Street A key feature of the plan is to create a new, animated walking street, Market Street, which allows convenient access to local services and links together neighborhoods and districts as shown in Figure 4. This Market Street will create the backbone for a dynamic urban district by promoting mixed use and the opportunity for residents and workers to be less dependent on the automobile. Many notable and high energy value urban neighborhoods have as their centerpiece a great local walking and shopping street. These walkable streets are small-scale and provide convenient shopping, cafes and professional offices. Union Street in San Francisco, Larchmont Boulevard in Los Angeles, Gaylord Street in Denver and 4th Street in Berkley are good examples of small scale active local streets. Although their scale and character may vary, these streets provide a backbone public space and place for residents to gather, people-watch, and meet daily needs with less dependence on the car. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 27 Market Street will be a two lane street with parking on both sides that will provide for continuous commercial uses on the ground floor. Wide sidewalks, street trees, benches, thematic street lights and opportunities for sidewalk cafes and urban parks will make this street section an “outdoor living room” and the a gathering place for the local residents, as well as draw shoppers and diners from nearby employment areas. Although interior to the existing “superblocks,” Market Street will intersect Katella Avenue and Gene Autry Way, creating retail exposure and encouraging access from surrounding neighborhoods. Larchmont Boulevard Gaylord Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 28 Ground Floor Commercial Uses are required on Market Street and along Gene Autry Way, east of Market Street. Ground Floor Commercial Uses along Gene Autry Way will provide an important link between Market Street and the Stadium District. The PTMU Overlay Zone provides a list of retail and non- retail uses which accommodate meet this Ground Floor Commercial use requirement. Non-retail uses include local services, commercial, multi-tenant offices, community facilities, fitness, leasing offices or child care. It is anticipated that initially there may be more non-retail uses may have a stronger presence during the earlier stages of development until such time as sufficient residential units are built to support retail uses. It is also envisioned that larger retail services uses such as a grocery stores, drug stores, larger restaurants and entertainment uses will locate along Katella Avenue or Gene Autry Way where they share frontage and provide gateways to Market Street or along Gene Autry Way as it connects Market Street to Angel Stadium of Anaheim. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 29 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 30 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 31 3.0 MIXED USE DISTRICT OVERVIEW Several distinct mixed-use districts have been identified within the portions of tThe Platinum Triangle designated for by the General Plan for mixed- use development by the General Plan (see Figure These districts are the Arena, ARTIC, Gateway, Gene Autry, Katella, Stadium and Orangewood Districts. These districts to create greater neighborhood identity and take advantage of site opportunities. There is also one Office District for a 3.8-acre area south of Orangewood Avenue between East and West Dupont Drive. An Office District has also been identified for properties designated by the General Plan for office uses. These districts are identified in tThe Platinum Triangle Master Land Use Plan and in the PTMU Overlay Zone. 3.1 Development Intensities The total maximum development for The Platinum Triangle mixed use designationwithin the PTMU Overlay Zone is 10,19918,909 residential dwelling units, 3,265,000 14,340,522 square feet of office development, and 2,254,4004,909,682 square feet of commercial development; the Office District allows up to 590,000 square feet of office development and 10,000 square feet of commercial development and 1,500,000 square feet of institutional development.. Table 32 indicates the maximum permitted mixed-use development intensity established for each district. This maximum intensity is based on planning and infrastructure considerations analyzed by SEIR No.s. 330, 332 and 335 339, such as traffic capacity, access and availability of infrastructure and proximity to existing and proposed transit. destination areas. In cases where existing buildings are removed to accommodate new development, Tthe existing square footage may be demolished and replaced with new construction as long as the total square footage does not exceed the maximum assigned to each district. If development intensities are proposed to exceed those analyzed by EIR No. 335, further environmental analysis and potentially an amendment to the density identified in the General Plan for The Platinum Triangle will be required Table 2: Development Intensities District Housing Units Office Square Feet Commercial Square Feet Stadium (153 ac) 1,750 1,760,000 1,300,000 Arena (41 ac) 425 100,000 100,000 Katella (99 ac) 4,250 775,000 630,300 Gene Autry (33 ac) 1,699 100,000 174,100 Gateway* (56 ac) 2,075 530,000 50,000 Orangewood (3.8 ac) 0 590,000 10,000 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 32 *The Gateway District encompasses Sub Areas A, B and C (see Section 3.6 – Gateway District.; 321 housing units are specifically designated for Sub-Area Table 3:2 PTMU Overlay Zone Development Intensities* District Acres Housing Units Office Square Feet Commercial Square Feet Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 520 2,202,803 358,000 1,500,000 Gateway 50 2,949 562,250 64,000 0 Gene Autry 33 2,362 338,200 304,700 0 Katella 141 5,707 2,131,058 832,614 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 3,125,000 3,120,368 0 Total Mixed Use 470 18,909 9,862,166 4,909,682 1,500,000 Office 121 0 4,478,356 0 0 Total PTMU Overlay Zone 591 18,909 14,340,522 4,909,682 1,500,000 *Development intensities are further described identified in detail in Appendix G. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 33 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 34 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 35 3.2 Stadium District The underlying zone for the Stadium District is the PR, (Public Recreational) Zone, which regulates City- owned properties and facilities. The PTMU Overlay Zone sets forth a maximum density for this district of 5,1751,750 dwelling units, 3,125,0001,760,000 square feet of office uses, and 3,120,3681,300,000 square feet of commercial uses and stadiums consisting of no more than 119,543 total seats (including the existing 49,043 Angel Stadium of Anaheim and a potential future 70,500-seat stadium). for this District, but does not set forth any new zoning standards for this area. In addition, a potential new stadium and 150,000 square foot exhibition center were analyzed in EIR Nos. 330 and 332. The design for this district will be determined at a later date. Within this District and the adjacent ARTIC District, there is the potential for the emergence of another major activity hub for Anaheim. The existing Amtrak/Metrolink station and the proposed Anaheim Regional Intermodal Center (ARTIC) station provide the impetus for major Transit Oriented Development. If properly integrated with the Angel Stadium of Anaheim, The Grove of Anaheim, and the Honda Center, development in this area could lead to an exciting highly sustainable mix of high energy uses, 18-hour/365-day activity and while providingwhile providinge additional housing in the areacity. Parallel experiences in other parts of the country, such as Denver, Washington D.C., Dallas and Atlanta suggest that the true long-term potential for a site with transit stations of this size could generate a high density, transit-oriented, mixed-use hub unparalleled in this part of the country. As market trends combine with transit oriented development goals, the concept of a high-rise, mixed-use, urban village, compleimented by sports and entertainment venues would allow thousands of residents and workers to meet their daily needs with minimal auto use, vehicle miles traveled and the resulting congestion and air quality issues. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 36 Development principles include:  Create a sustainable balance between everyday land uses/services and more intermittent special event activity.  Separate major event circulation and parking from existing and future rail and bus facilities, office, retail and residential uses.  Provide an internal, pedestrian-scale “promenade” street that allows walkable access to the transit stations and links the transit oriented development to the adjacent districts.  Balance regional transit access and mixed use place-making to allow the maximum number of workers and residents to be within a five minute walking distance from the stations.  Provide attractive urban streets lined with active ground floor uses and a scale of street width and building placement that creates security, a comfortable human scale and energizes ground floor retail and entertainment uses.  Encourage a full compliement of uses including corporate offices, for -sale residential,and rental residential development, local professional offices, local support retail, and community services to create activity 365 days a year. Figure 6: Stadium District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 37 3.3 Arena District The underlying zones for the Arena District are PR (Public Recreation), which regulates City-owned properties and facilities including Honda Center and T (Transition). The PTMU Overlay Zone sets forth a maximum density for this district of 425 dwelling units, 100,000 square feet of office and 100,000 square feet of commercial uses, in addition to the existing Honda Center. for this district but does not set forth any new zoning standards for this area. The design for this area will be determined at a later date. The Arena District has high visibility from the 57 Freeway. This District will also benefit from affected by the future development of ARTIC station and will be particularly attractive to restaurants, retail and office uses. A landscape promenade is provided along Douglass Road to link to the ARTIC and Stadium Districts. A regional bicycle path is adjacent to this District and is proposed to connect to the Amtrak/Metrolink and the future ARTIC stations. Development principles include:  Create a balance between everyday land uses/ services and more intermittent special event activity.  Provide a connection with the existing and future transit stations in the Stadium District through Douglass Road.  Provide landmark architecture that addresses the intersection of Katella Avenue/Douglass Road. Figure 7: Arena District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 38 3.4 Katella District The underlying zones for the Katella District are I (Industrial), O-L (Office-Low) and CG (General Commercial). The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/ and fabrication. The O-L Zone provides for a variety of low-intensity office uses that are typically three stories or less in height. The CG Zone allows a variety of commercial uses. This district includes properties adjacent to Katella Avenue, a regional Smart Street which links tThe Platinum Triangle to The Anaheim Resort. In addition, Katella Avenue provides access to Angel Stadium of Anaheim, The Grove of Anaheim, the Arrowhead PondHonda Center of Anaheim and the existing Amtrak/Metrolink station and the future proposed ARTIC location stations. These attributescircumstances support a “Grand Avenue” concept, expressed by a bold palm grove landscape statement, which will provide a majestic entrance to the City to the east and link tThe Platinum Triangle to The Anaheim Resort to the west. Additionally, Market Street will provide a vibrant, pedestrian oriented connection between the Katella District and the Gene Autry District. The Katella District permits a maximum of 5,707 dwelling units, 2,131,058 square feet of office development and 832,614 square feet of commercial development and is divided into Sub Areas A, B, C and D. These Sub-Areas and their corresponding maximum development intensities are further described in Appendix G. Development principles include:  Implement the double palm tree grove along Katella Avenue (see the Public Realm Landscape and Identity Program in Section 4.0 of this document) and provide setbacks sufficient for implementation.  Allow a variety of landscape and hardscape treatments where ground floor commercial and residential uses transition to the street parkway, including shop fronts, outdoor dining and planters.  Introduce connector streets that provide access into the deep parcels located along Katella Avenue. These walkable, residential-lined streets are important in achieving sustainable neighborhoods. Such streets may be implemented incrementally as adjacent parcels develop.  Provide additional public open space in the form of mini parks within larger parcels.  Provide landmark architecture that addresses the intersections of Katella Avenue/State College BoulevardAvenue and Katella Avenue/Sportstown.  Provide ground floor commercial uses and attractive pedestrian walkways along Market Street. Figure 8: Katella District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 39 Figure 8: Katella District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 40 3.5 Gene Autry District The underlying zone for the Gene Autry District is the I (Industrial) Zone. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/ and fabrication. With Market Street as a primary feature, the Gene Autry District provides the opportunity for a sophisticated mixed use neighborhood that provides both for-sale and rental housing types. At completion, these factorsis could create one of the most animated and desirable urban neighborhoods in the County. Market Street traverses the heart of this district intersecting with Gene Autry Way. While small local retail shops, restaurants and professional services are required on Market Street, they are also envisioned to extend along Gene Autry Way to State College Boulevard. The availability of need for local services in this district is important to allow the choice for a more pedestrian, less auto-oriented lifestyle. Connector streets and mini parks are also proposed. These additions not only provide better access to the deep parcels but provide a system of walking streets and open spaces that will allow the goal of providing walkable neighborhoods to be realized. The Gene Autry District permits a maximum of 2,362 residential units, 338,200 square feet of office uses and 304,700 square feet of commercial uses. The Gene Autry District is divided into two sub-areas; these sub- areas and their corresponding maximum development intensities are further described in Appendix G. Development principles include:  Provide ground floor commercial uses and attractive pedestrian walkways along Market Street.  Implement a street tree program that alternates palm trees and lower level canopy trees.  Provide additional public open space in the form of mini parks within larger parcels. Investigate, as the opportunity presents, the implementation of a neighborhood park west of this district to accommodate sports and other active park needs.  Provide landmark architecture that addresses the intersection of State College AvenueBoulevard/Gene Autry Way. Figure 9: Gene Autry District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 41 3.6 Gateway District The underlying zones for the Gateway District are the I (Industrial), PR (Public Recreational) and O-L (Low Intensity Office) Zones. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/ and fabrication. The PR Zone regulates City-owned properties and facilities. The O-L Zone provides for a variety of low-intensity office uses that are typically three stories or less in height. Aptly named, this district provides the entry experience into both the cCity and tThe Platinum Triangle from the south and west. The Gateway District is divided into Sub Areas A, B, and C, in order to provide for the development of Sub Area B pursuant to Conditional Use Permit No. 2003-04763 and to designate 321 housing units within the Gateway District for development of Sub Area C The Gateway District is divided up into three sub areas and permits a maximum development intensity of 2,949 residential units, 562,250 square feet of office development and 64,000 square feet of commercial development. The sub-areas and their corresponding maximum development intensities are further described in Appendix Development Principles include:  Implement the palm tree and canopy tree plantings along Orangewood Avenue and State College Boulevard.  Provide landmark architecture that addresses the intersection of State College Boulevard/Orangewood Avenue.  Provide bike lanes along Orangewood Avenue and connector streets to provide an important link to the Santa Ana River regional trail system. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 42 Figure 10: Gateway District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 43 3.7 Orangewood District The underlying zones for the Orangewood District areis the I (Industrial), C-G (General Commercial), PR (Public Recreational) and O-L (Low Intensity Office) Zones. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/ and fabrication. The C-G Zone allows a variety of commercial uses. The PR Zone regulates City-owned properties and facilities. The O-L Zone provides for a variety of low-intensity office uses that are typically three stories or less in height. This district includes properties adjacent to Orangewood Avenue, West Dupont Drive, and East Dupont Drive.The Orangewood District permits a maximum of 1,771 residential units, 1,402,855 square feet of office development and 130,000 square feet of commercial development. This district and the permitted amount of development are further described in Appendix G. Development principles include:  Implement the palm tree and canopy tree plantings along Orangewood Avenue. Provide landmark architecture that addresses the intersection of Orangewood Avenue / East and West Dupont Drive.  Introduce a collector street that connects Dupont Drive to Towne Centre Place to provide access to Rampart Street. Implement a street tree program that alternates palm trees and lower level canopy trees.  Provide bike lanes along Orangewood Avenue and collector streets to provide an important link to the Santa Ana River regional trail system.  Provide additional public space in the form of mini parks within larger parcels. Encourage a full compliment of uses including corporate office, for sale residential, rental residential, local professional office, local support retail and community services to create year around activity. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 44 Figure 110A: Orangewood District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 45 3.8 ARTIC District The underlying zone for the ARTIC District is the SP (Semi-Public) Zone. The SP Zone allows for a wide range of public and quasi-public uses, including transportation facilities. Other typical uses include government offices, public or private colleges and universities, public utilities, hospitals, large assisted living facilities, community centers, museums and public libraries. The PTMU Overlay Zone sets forth a maximum intensity of 520 residential units, 2,202,803 square feet of office development, 358,000 square feet of commercial development, and 1,500,000 square feet of institutional uses for this district. The ARTIC District is named for the proposed Anaheim Regional Transportation Intermodal Center (ARTIC). The ARTIC District is intended to combine a transportation gateway and a mixed-use activity center on a 17-acre site owned by the Orange County Transportation Authority (OCTA) and the City of Anaheim. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 46 3.9 Office District The underlying zones for the Office District are the O- H (Office High), O-L (Office Low), I (Industrial and C-G (General Commercial) Zones. The O-H Zone provides for higher intensity office uses in buildings that are four stories or more in height and the O-L Zone provides for a variety of low-intensity office uses that are typically in buildings three stories or less in height. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/fabrication. The C-G Zone allows a variety of commercial, retail service and office uses. This District will permit office uses per the O-H and O-L zoning standards. A maximum of 4,478,356 square feet of office will be allowed in this District with the permitted amount of development within the Office District sub-areas further described in Appendix G. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 32 4.0 PUBLIC REALM LANDSCAPE AND IDENTITY PROGRAM Streetscape elements, including gateways, public art, light fixtures, street furniture and signs, will be coordinated with a Landscape Concept Plan unique to tThe Platinum Triangle, to establish and reflect tThe Platinum Triangle's distinctive image and character. The Public Realm Landscape and Identity Program will:  Establish a visual identity with a hierarchy of identity elements which reinforces the land use, circulation, open space, and landscape systems of the Master Land Use Plan.  Celebrate the unique combination of a cosmopolitan urban area with sports and entertainment imagery.  Reinforce linkages to The Anaheim Resort. 4.1 Streetscape Elements Streetscape elements will unify and identify tThe Platinum Triangle and provide directions for visitors to the area. Streetscape elements include gateways, public art, light fixtures, street furniture and signs. The identity program includes the following:  Street furniture within the public right-of-way, such as bus shelters and benches, that is consistent throughout tThe Platinum Triangle.  An area-wide banner system on the arterial roads, which will create a vehiclestreet-oriented identity for the entire Platinum Triangle, especially in connection with events.  Site furnishings that meet the needs of the residents, visitors and workforce of tThe Platinum Triangle on an area and need specific basis. Individual projects within tThe Platinum Triangle may have their own individual project identity within their project boundaries, but the character of the streetscape elements within the public right-of-way will be consistent throughout tThe Platinum Triangle. 4.1.1 Gateways Gateways will set the scale and image of tThe Platinum Triangle for visitors as they enter and pass though by, identify and enter the area. It is anticipated that these gateways will be located on or in close proximity to the Stadium District. The design of the gateways will be determined at a later date aswhen the Stadium District is developed. In order to effectively create the proper sense of arrival, these gateways should achieve the following:  Provide a scale that contrasts with the surrounding features.  Reflect the design character of the area and incorporate sports and entertainment related imagery.  Provide a lasting visual impression.  Express a variety of imagery through layering of Gateways.  Create public icons at the edges of the Stadium and Arena Districts. 4.1.2 Public Art Public art provides added interest, variety, and beauty to the City's public places. Well-designed public art creates a connection between the public and the culture of the community by designing places that incorporatinge symbols that serve to entertain and enrich urban areas. Public art will be encouraged in the mini parks and new gathering places that will be developed within tThe Platinum Triangle. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 33 4.1.3 Light Standards The light standard used in The City of Anaheim Resort light standard will be used on all arterial streets throughout tThe Platinum Triangle (Figure 141) to provide a visual link between tThe Platinum Triangle and The Anaheim Resort. New light standards will be implemented on Connector and Collector Streets (Figure 152) and Market Street (Figures 162A and 172B) to enhance the pedestrian-friendly environment of these two street conditions. Katella Avenue and Gene Autry Way Arterial Streets Figure 141: City of Anaheim Anaheim Resort Light Light Special Design No.744 Anaheim Recreational Area Connector and Collector Streets Figure 152: Connector and Collector Street Light Standard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 34 Market Street Standards Figure 162A: Market Street Light Standard Figure 172B: Market Street Pedestrian Light Standard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 35 4.1.4 Street Furniture Street furniture within tThe Platinum Triangle will includebe the standard street furniture used throughout the City. Street furniture includes bus shelters (Figure 18), benches and trash receptacles. Newspaper racks, as shown in Appendix D, will be allowed adjacent to bus shelters. Figure 1318: Citywide Standard Bus Bench 4.1.5 Signs Within tThe Platinum Triangle, civic signage will play three major roles: identification of tThe Platinum Triangle, directional assistance to arriving visitors and reinforcement of the visual themes of cosmopolitan urban activities, sports and entertainment. Changeable Message Signs Changeable message signs provide timely information to visitors to tThe Platinum Triangle. These existing changeable message signs will remain in the current locations unless otherwise determined in conjunction with future development of the Stadium, ARTIC or Arena Districts. Street Information Signs On arterial streets, informational signs, such as “Stop” and “No Parking”, will be the same design as similar signs in The Anaheim Resort. Standard signs will be used on all other streets. Street Identification Signs Street identification signs will be on 96-inch wide by 18-inch tall panels (DG3 Material). The signs will include the Platinum Triangle logo and the street name in 8-inch high white letters (Clearview Highway 38 Font) on a green (P3) background (Figure 19). Directional Signs Signs which provide directional instructions to arriving or departing visitors will become increasingly important within tThe Platinum Triangle as new development occurs. The number, type and location of signs should be determined prior to development of the Stadium District, potentially in connection with the future design of the gateways. This will ensureassure that the overall character of the signs is consistent, and interrelated circulation issues for Angel Stadium of Anaheim, Arrowhead Pond of Anaheim, The Grove of Anaheim and the proposed ARTIC station, can be addressed. Banners All street light standards on arterial roads within tThe Platinum Triangle will have a removable armature for banners that will be changed out regularly. Banners will be installed in accordance with a banner program approved by the City and will be colored, festive and may be fabricated as sewn, silk screened on nylon or photo image reproduction on an exterior grade substrate. Figure 19: Street Identification Sign ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 36 4.2 Landscape Concept Plan and Cross Sections The intent of the Landscape Concept Plan is to create a memorable, unified and civic-scaled public landscape for tThe Platinum Triangle. To achieve this, the Landscape Concept Plan proposes extensive landscape improvements within the area’s public rights-of-way and landscape setback areas. This section describes the landscape goals for tThe Platinum Triangle and provides typical plans and cross sections which establish the basic requirements for landscape development. Implementation of the Landscape Concept Plan within the public right-of-way will occur with development of new projects within the area unless otherwise determined by the City. Figure 1420 shows how the Landscape Concept Plan applies to tThe Platinum Triangle and provides the overall unifying landscape framework. The full-street cross sections and plans that follow show the landscape treatment of the typical conditions on each of tThe Platinum Triangle’s major streets. The right-of-way dimensions may vary subject to the approval of the City Engineer. The treatment shown for each street is based on the Landscape Concept Plan. Whenever possible, utilities will be placed underground. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 37 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 38 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 39 See Figure 31 for Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) See Figure 34 for Secondary Streets (Howell Avenue, Sunkist Street and Cerritos Avenue) See Figure 36 for Conceptual/Connector Street See Figure 37 for Collector Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 40 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 41 4.2.1 Katella Avenue The central feature of Katella Avenue, between the Santa Ana Freeway and the entrance to Angel Stadium of Anaheim, The Grove of Anaheim and the Amtrak/Metrolink station, is the grove-style planting of Date Palms. This planting continues the treatment of Katella Avenue in The Anaheim Resort west of the Santa Ana Freeway. A single species mMass plantings of Fort Night Lily or other white or Agapanthus, a purple flowering shrub, provides a low shrub under-story for the Date Palms located in the parkway. A second row of matching Date Palms will be planted in the setback area in six- foot square cut-outs. The maintenance of the setback area is the responsibility of the property owner. The median will also consist of Date Palms, with flowering vines such as Bougainvillea ‘San Diego Red’ or Blood Trumpet Vine attached to the trunk of the palm, and a single species mass of Kangaroo Paw or a similar orange or yellow flowering compliment tree in combination with alternate mass plantings of Agapanthus shrubs and Star Jasmine ground cover. Adjacent to ground floor commercial uses, the setback area will be paved to provide pedestrian access. The landscaping for Katella Avenue changes near the railroad grade separation and further east to the City limits. Along this section of Katella Avenue, the Date Palms are eliminated within the Pedestrian/Landscape Realm and large-scaled Mexican Fan Palms are planted within the parkways. Date Palm (Phoenix dactylifera) Kangaroo Paw (Anigozanthos) Mexican Fan Palm (Washingtonia robusta) Bougainvillea (Bougainvillea) Bird of Paradise (Strelitzia reginae) Agapanthus (Agapanthus Africanus) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 42 Figure 2216: Katella Avenue Santa Ana Freeway Manchester Avenue to East of State College Boulevard (Stadium Entrance) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 43 Figure 2317: Katella Avenue Highway of National Significance East of State College Boulevard (Stadium Entrance) to Orange Freeway *Parkway Detail ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 44 Figure 2418: Katella Avenue Orange Freeway to East City Limits Honda Center ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 45 4.2.2 State College Boulevard The primary landscape treatment for State College Boulevard consists of alternating Mexican Fan Palms and pedestrian-scaled flowering canopy trees such as Golden Trumpet trees and a single species of low flowering ground cover such as Trailing Lantana Vinca Major – Periwinkle ground cover within parkways and a single row of Camphor trees in the median. To further facilitate pedestrian access, the setback area may be paved adjacent to ground floor commercial uses. Mexican Fan Palm (Washingtonia robusta) Vinca Major – Periwinkle (Apocynaceae) Golden Trumpet Tree (Tabebuia Camphor Tree (Cinnamomum comphora) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 46 Figure 2519: State College Boulevard South City Limits to Gene Autry Way ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 47 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 48 Figure 260: State College Boulevard Gene Autry Way to Katella Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 49 Figure 271: State College Boulevard Katella Avenue to 500’ North of Howell Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 50 Figure 282: State College Boulevard 500’ North of Howell Avenue to Cerritos Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 51 4.2.3 Gene Autry Way On Gene Autry WayLarge canopy trees, the in the medians and parkways from east of Santa Cruz Street to State College Boulevard will be planted with Crape Trees and Mexican Fan Palms will be required in the setback area. The median east of Market Street will include large canopy trees and Star Jasmine. This landscaping is intended to provide both a grand scale and pedestrian-friendly environment on this major entry into the Angel Stadium of Anaheim. Flowering vines will be attached to the palm trees and orange DayliliesBird of Paradise or a similar orange flowering hedge will be planted in the parkway. To provide for pedestrian circulation a 7½ -foot wide sidewalk within the public right-of-way is required with 2½ foot by 2½ foot scoring. Adjacent to this sidewalk, the setback area, may be paved and/or landscaped and outdoor restaurant seating area may encroach into this area. Mexican Fan Palm (Washingtonia Robusta) Bird of Paradise (Strelitzia reginae) Crape Tree (Lagerstroemia indica) Star Jasmine Crape Tree (Lagerstroemia indicaTrachelospermum ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 52 Figure 293: Gene Autry Way Santa Cruz Betmor Lane to State College Boulevard A single row of green canopy trees will be planted in the median from Market Street to State College Boulevard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 53 4.2.4 Orangewood Avenue The treatment of Orangewood Avenue consists of alternating Mexican Fan Palms and a pedestrian-scaled flowering canopy tree such as a Tipu tree Magnolia trees within the parkways, which will also be planted with Natal Plum or some other low flowering shrub Halls Honeysuckle ground cover. The palms will have Boston Ivy or a similar vine attached to an orange flowering shrub planted at the base of the tree trunk. Small trees and flowering shrubs accent the landscape setback adjacent to the residential uses. Adjacent to ground floor commercial uses, the setback area will be paved to provide pedestrian access. To provide for additional pedestrian circulation while maintaining the right-of-way widths prescribed by the General Plan, east of State College Boulevard, a 5-foot wide sidewalk within the public right-of-way is required with 2 ½ foot by 2 ½ foot scoring. Adjacent to this sidewalk, within the setback area, an additional 2 ½ foot wide walkway shall be provided with matching scoring. An easement for this walkway shall be provided to the City. Mexican Fan Palm (Washingtonia robusta) Magnolia Tree (Magnolia grandiflora) Halls Honeysuckle (Lonicera japonica) Orange Day Lilly Hemerocallis fulva ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 54 Figure 3024: Orangewood Avenue Santa Ana Freeway to State College Boulevard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 55 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 56 Figure 3125: Orangewood Avenue State College Boulevard to 800 feet east of State College BoulevardDupont Drive ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 57 Figure 3225A: Orangewood Avenue 800 feet east of State College Boulevard to Caltrans right-of-way (including bridge improvements not depicted here Dupont Drive to East City Limits ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 58 4.2.5 Douglass Road The Douglass Road street landscape North of Katella Avenue, Douglass Road will contain four travel lanes and bike lanes. The street landscape will consist of a double row of Mexican Fan Palms in the parkway and setback areas. Bougainvillea (Bougainvillea) will be attached to the base of the palm trunks and yellow and orange Daylilies or a similar low red flowering shrub will be planted at the base of the palm trees. will consist of a double row of Mexican Fan Palms in the parkway and setback areas. Adjacent to the Honda Center, tThe median will will be a painted median not be landscaped to allow for better traffic flow in and out of Arrowhead Pond of Anaheim the Honda Center and Angel Stadium of Anaheim (Figure 33). North of the Honda Center, the median will be a raised median planted with a single row of green canopy trees and a single species of massed flowering groundcover. Yellow Trumpet or similar vines will be attached to the base of the palm trunks and red Daylilies or a similar low red flowering shrub will be plantedin the parkway. South of Katella Avenue, the streetscape design will be determined as part of the development process for ARTIC. Mexican Fan Palm (Washingtonia robusta) OrangeRed Daylily (Hemerocallis flava) Bougainvillea (Bougainvillea) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 59 8’ bike lane 8’ bike lane 12’ 12’ 12’ 12’ 16’ 32’ 32’ 80’ 106’ Primary ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 60 Figure 3326: Douglass Road North of Katella Avenue Honda Center Parking Lot Painted median adjacent to Honda Center; landscaped median north of Honda Center Painted median adjacent to Honda Center Landscaped median north of Honda Center 106’ 80’ ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 61 4.2.6 Anaheim Way Anaheim Way is a one-way northbound frontage road on the east side of the Santa Ana Freeway. The landscape for Anaheim Way will be integrated into a large-scale landscaped open space treatment intended to attract the attention of passing motorists on the Santa Ana Freeway. The treatment will consist of Mexican Fan Palms with flowering vines Bougainvillea attached to their trunks in parkways along with Bird of Paradise with a single species mass of Daisy or other yellow flowering shrubs. Mexican Fan Palms will also be planted in the setback area along with small accent trees and flowering shrubs. Boston Ivy will be attached to the wall per Santa Ana Freeway standards. Mexican Fan Palm (Washingtonia robusta) Boston Ivy (Parthenocissus tricuspidata) Bird of Paradise (Strelitzia reginae) Bougainvillea (Bougainvillea) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 62 Figure 3427: Anaheim Way ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 63 4.2.7 Lewis Street The Lewis Street landscape will consist of Mexican Fan Palms with Bougainvillea (Bougainvillea) attached to the trunks of the trees and India Hawthorn shrub and a single species of flowering low hedge in the parkways. A single row of green canopy trees Gold Medallion trees and a single species of massed flowering ground cover will be provided in the median south of Katella Avenue. North of Katella Avenue, the median will be eliminated to provide for left turn lanes. The setback area will consist of canopy trees and a pink flowering low shrub or groundcover. Mexican Fan Palm (Washingtonia robusta) Yellow Trumpet Vine (Campsis) Gold Medallion Tree (Cassia India Hawthorne (Rhaphiolepis indica) Bougainvillea (Bougainvillea) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 64 Figure 3528: Lewis Street Gene Autry Way to Katella Avenue green ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 65 12’ 12’ ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 66 Figure 3629: Lewis Street Katella Avenue to Cerritos Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 67 4.2.8 Railroad Right-of-WayAmtrak/Metrolink Line The landscape adjacent to the railroad right-of-way Amtrak Metrolink Line consists of a Mexican Fan Palm alternating with citrus trees. Citrus Trees (Citrus) Mexican Fan Palm (Washingtonia robusta) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 68 Figure 370: Railroad Amtrak/Metrolink Right-of-Way ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 69 4.2.9 Secondary Streets Including: Howell Avenue, Sunkist Street and Rampart StreetCerritos Avenue The Secondary Street landscape consists of a Brisbane Box or similar canopy trees with a low flowering pink shrub or groundcover in the parkway. The landscape setback consists of a canopy tree to match the species of parkway tree in spacing and height with purple and pink flowering low shrub or ground cover. Brisbane Box (Tristania conferta) India Hawthorne (Rhaphiolepis indica) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 70 Figure 381: Secondary Streets (Howell Avenue, Sunkist Street and Rampart Street Cerritos Avenue) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 71 4.2.10 Market Street The Market Street landscape consists of a large canopy tree, Maidenhair Tree (Ginkgo biloba), in tree grates with interlocking precast concrete pavers in the parkway. The from Katella Avenue to Market Street will be identified with rows of Date Palm Trees. The setback area may be paved to provide access for pedestrians. Angled parking will be provided on the west side and parallel parking will be provided on the east side of Market Street. Maidenhair Tree (Ginkgo biloba) Date Palm-Medjool variety (Phoenix dactylifera) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 72 Figure 392: Conceptual Market Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 73 4.2.11 Connector and Collector Streets The Connector Streets’ landscape palette consists of a variety of large canopy trees, including the Southern Magnolia, Southern Live Oak, Fern Pine and Bradford Pear, which may be planted in tree wells with interlocking precast concrete pavers in the parkway or in parkways with turf or groundcover as approved by the City. A minimum 3-foot wide area will be planted with low flowering shrubs in the setback area adjacent to the sidewalk. Parkways on Collector Streets will be landscaped with Brisbane Box trees and India Hawthorne shrubs or another similar ground cover. Bike lanes will be located on designated Collector Streets in the Orangewood District to connect the bike lanes on Orangewood Avenue to the Santa Ana River Bike Trail. Fern Pine (Podocarpus Gracilior) Southern Live Oak (Quercus virginiana) Southern Magnolia Tree (Magnolia grandiflora) Bradford Pear (Pyrus calleryana) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 74 Figure 4033: Conceptual Connector Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 75 Figure 41: Collector (Dupont Drive and Towne Centre Place) Collector Possible 3’ Use Encroachment (refer to PTMU Overlay Zone) 3’ 3’ Possible 3’ Use Encroachment (refer to PTMU Overlay Zone) Private patios may encroach 7’ into setback area Collector ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 76 4.2.12 Intersections with Supplemental Lanes The City of Anaheim designates eleven intersections within The Platinum Triangle that Within the Platinum Triangle these intersections require supplemental lanes to provide adequate level of service and operational improvements:  Cerritos Avenue/Sunkist Street  Katella Avenue/Anaheim Way  Katella Avenue/State College Boulevard  Katella Avenue/Howell Avenue  Katella Avenue/Sportstown Way  Katella Avenue/Lewis Street  Katella Avenue/Douglass Road  Gene Autry Way/Lewis Street  Gene Autry Way/State College Boulevard  Orangewood Avenue/Anaheim Way  Orangewood Avenue/State College Boulevard  Orangewood Avenue/Dupont Drive  Orangewood Avenue/Rampart Street  State College Boulevard/Stadium WayGateway  State College Boulevard/Artisan Court The typical improvements for these intersections include additional left-turn lanes and a dedicated free right-turn lane. Where a dedicated free right-turn lane is required, right-of-way widths will be widened and setback areas will be pushed back. Supplemental lanes will also be required where Connector Streets and Market Street intersect with arterials at signalized intersections. The number and type of supplemental lanes will be determined through project-specific traffic impact studies. Where a dedicated free right-turn lane is required, right-of-way widths will be widened and setback areas will be pushed back. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 A APPENDIX A The Platinum Triangle Mixed Use (PTMU) Overlay Zone ---PAGE BREAK--- 1 Chapter 18.20 PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Sections: 18.20.010 Purpose and intent. 18.20.020 Applicability. 18.20.030 Uses. 18.20.040 Development districts. 18.20.050 Structural heights. 18.20.060 Coverage. 18.20.070 Project size. 18.20.080 Floor area. 18.20.090 Structural setbacks. 18.20.100 Structural location and building orientation. 18.20.110 Public parks, recreational-leisure areas and landscaping 18.20.120 Parking, loading and vehicular access. 18.20.130 Refuse storage and recycling facilities, and private storage areas 18.20.140 Design standards. 18.20.150 Signs. 18.20.160 Compatibility standards. 18.20.17018.20.165 Gateway District Sub-Area B standards. 18.20.166 18.20.180 Orangewood District standards. 18.20.190 ARTIC, Stadium and Arena District standards. 18.20.20018.20.170 Implementation. 18.20.010 PURPOSE AND INTENT. .010 Purpose. The purpose of this chapter is to establish the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as the "PTMU Overlay Zone") to provide opportunities for well-designed development projects that combine residential with non- residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities within the portions of the The Platinum Triangle designated with the Mixed-Use, and Office High and Office Low land use designations in the City of Anaheim General Plan, and consistent with the policy direction in the General Plan. .020 Objectives. The PTMU Overlay Zone has the following major objectives: .0201 Create a unique integrated, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile for everyday needs, through a streetscape that is connected, attractive, safe and engaging. .0202 Develop an overall urban design framework to ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area in which they are located. ---PAGE BREAK--- 2 .0203 Encourage compatibility between residential, office, commercial and sports entertainment uses. .0204 Reinforce Transit Oriented Development (TOD) opportunities around the existing Amtrak/Metrolink and the proposed Anaheim Regional Transportation Intermodal Center (ARCTIC) stations. .0205 Maintain and enhance connectivity and linkages with convenience services, dining, retail and recreation facilities within walking distance, by providing ground floor commercial uses in key locations. .0206 Provide a mix of housing types. .0207 Create great long-lasting neighborhoods that maintain value through buildings with architectural qualities that create attractive street scenes. .0208 Provide a variety of open space, including private, recreational-leisure areas and public parks. .0209 Create a balance of landscape and architecture by providing sufficient planting space. .0210 Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. .0211 Stimulate market-driven development investment. (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6075 § 1: September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately three hundred and ninety-three (393) four hundred and seventy five (475) acres designated for mixed use and office uses within the The Platinum Triangle, as depicted in Figure 3 (General Plan Designations) of the The Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004 and amended on April 26, 2005 (Resolution No. 2005-54), September 13, 2005 (Resolution No. 2005-188) September 25, 2005 (Resolution Nos. 2005-208 and 2005-212), June 5, 2007 (Resolution No. 2007-81), and on August 21, 2007 (Resolution Nos. 2007-169 and 172) April 8, 2008 (Resolution No. 2008-40), October 14, 2008 (Resolution No. 2008-179) and (Resolution No. and on file in the Office of the City Clerk. Said Figure 3 is incorporated herein by this reference as though set forth in full. ---PAGE BREAK--- 3 .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulations of the underlying zones, except as provided below. .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to parcels that have been, or are proposed to be, developed entirely under the underlying zone; provided that all requirements of the underlying zone are met by the project, except as specifically approved otherwise by variance or other official action by the City. (Ord. 5935 § 1 (part); August 24, 2004; Ord. 5948 § 2: November 9, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6014 § 1; January 31, 2006: Ord. 6075 § 2; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.030 USES. .010 Office District. The uses set forth in Chapter 18.08 (Commercial Zones) for the O-H (High Intensity Office) Zone shall apply to properties within the Office District designated by the General Plan for Office-High land use. The uses set forth in Chapter 18.08 for the O-L (Low Intensity Office) Zones shall apply to properties within the Office District designated by the General Plan for Office-Low land use. .020 Arena, ARTIC, Gateway, Gene Autry, Katella, Orangewood and Stadium Districts. Tables 20A, 20-B and 20-C only apply to properties within the Arena, ARTIC, Gateway, Gene Autry, Katella, Orangewood and Stadium Districts. .03010 Primary Uses. Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable primary uses for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.030 (Residential Primary Use Classes) and Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses). .04020 Accessory Uses. Table 20-B (Accessory Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable accessory uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses). .05030 Temporary Uses. Table 20-C (Temporary Uses and Structures: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable temporary uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses). .06040 The allowable uses in Tables 20-A, 20-B and 20-C are established by letter designations as follows: .06401 designates classes of uses permitted by right; .06402 designates classes of uses permitted with a conditional use permit; .06403 designates classes of uses that are prohibited; and ---PAGE BREAK--- 4 .06404 "GF" designates classes of uses that are considered ground floor commercial for the PTMU Overlay Zone. .07050 Ground-Floor Commercial Uses. In order to encourage an active street life while accommodating market demand, ground floor commercial uses facing the street are required along Market Street and on Gene Autry Way, east of Market Street, as identified on Figure 4 (The Platinum Triangle Urban Design Plan) in the The Platinum Triangle Master Land Use Plan. Permitted Gground floor commercial uses are identified in Tables 20-A, 20-B and 20-C, and may include the non-residential portion of live/work units, or may be designed so that the space may be used for either residential or non-residential uses where the residential portion does not face the street. Ground floor commercial uses are also permitted along all other streets within the PTMU Overlay Zone. .07501 Ground floor commercial uses, as designated in Tables 20-A, 20-B and 20-C, shall have a minimum depth of no less than thirty (30) feet and shall be provided along the property frontage adjacent to Market Street and Gene Autry Way, east of Market Street, as identified on Figure 4 of the The Platinum Triangle Master Land Use Plan. .08060 Live/Work Units. Within the Arena, ARTIC, Gateway, Gene Autry, Katella, Orangewood and Stadium Districts aA commercial land use may be combined with a residential land use within one unit to create a space that contains both a residence and commercial area, such as an office. .070 Unlisted Uses. Any class of use that is not listed in Tables 20-A, 20-B and 20-C is prohibited, unless a determination is made by the Planning Director to allow the submission of an application for a conditional use permit to approve the use. .0980 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 20-A, 20-B or 20-C are set forth in Section 18.36.020 (Classification of Uses) of Chapter 18.36 (Types of Uses). .10090 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 20-A, 20-B and 20-C. Such provisions may include references to other applicable code sections or limitations to the specified land use. Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P ---PAGE BREAK--- 5 Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Dwellings–Multiple-Family in the Gateway District, Sub-Area B C Subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, and subject to the conditions and showings of Chapter 18.66 (Conditional Use Permits), and further subject to paragraph 18.20.[PHONE REDACTED] and .0202 (Development Agreement Exemptions). Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Non-Residential Classes of Uses Alcoholic Beverage Sales–Off- Sale C GF Conditional use permit not required if use is in conjunction with Markets–Large Alcoholic Beverage Sales–On- Sale C GF Antennas–Broadcasting P Subject to 18.38.060 (Antennas – Telecommunications) Automotive–Public Parking C Automotive-Car Sales and Rental, truck, trailer and other vehicle sales N Except as permitted as an accessory use. Automotive–Service Stations C Bars & C GF Billboards N Business & Financial Services P GF ---PAGE BREAK--- 6 Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Breweries C GF Including the on-premise sales and consumption of beer or ale Commercial Retail Centers C Community & Religious Assembly C GF Computer Internet & Amusement Facilities C GF Convenience Stores C GF Conversions of hotels or motels to semi-permanent living quarters N Dance & Fitness Studios–Large P GF Dance & Fitness Studios–Small P GF Day Care Centers C GF Drive -up or drive-through Facilitiesservices N Educational Institutions- Business C GF Educational Institutions- General C GF Educational Institutions- Tutoring P GF Hotels & Motels P/C/N Hotels are permitted, extended-stay hotels are permitted by conditional use permit, motels are not permitted (See Chapter 18.92 for definitions) Markets–Large P GF Outdoor farmer's markets are allowed with a conditional use permit Markets–Small P GF ---PAGE BREAK--- 7 Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Medical and Dental Offices P GF Offices-General P GF Pawnshops N Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150 Personal Services–Restricted C GF Public Services P GF Recreation–Bowling & Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Recycling Services-Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services–Limited P GF Rescue missions, shelters for the homeless N Research and Development Facilities C Restaurants-Drive-Through N Restaurants–General P GF Restaurants–Semi-Enclosed P GF Subject to 18.38.220 (Restaurants – Outdoor Seating and Dining) ---PAGE BREAK--- 8 Table 20-A PRIMARY USES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales–Kiosks P Retail Sales–Regional P GF Retail Sales-Used Merchandise Secondhand shops N Sex-oriented businesses, as defined in Chapter 18.54 (Sex- Oriented Businesses) N Studios–Broadcasting CP GF Broadcasting antennas require a Conditional Use Permit. Studios–Recording P GF Swap meets, indoor and outdoor N Transit Facilities P GF Utilities–Major C Utilities–Minor P Use or activities not listed, nor specifically prohibited C As determined by the Planning Director Commission to be compatible with the intended purpose of the PTMU Overlay Zone. Table 20-B ACCESSORY USES AND STRUCTURES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions Amusement Devices P Subject to Chapter 4.14 (Amusement Devices) ---PAGE BREAK--- 9 Table 20-B ACCESSORY USES AND STRUCTURES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions Animal Keeping P Subject to 18.38.030 (Animal Keeping) Antennas–Broadcasting C Antennas–Private Transmitting P Subject to 18.38.040 (Antennas – Private Transmitting) Antennas–Receiving P Subject to 18.38.050 (Antennas – Receiving) Antennas– Telecommunications- Stealth Building-Mounted T Subject to § 18.38.060 and 18.62.020 Antennas– Telecommunications- Stealth Ground-Mounted T Subject to § 18.38.060 and 18.62.020 Antennas–Telecommunications Ground-Mounted (Non-Stealth) N Automated Teller Machines (ATMs) P GF Subject to § 18.36.050.035 Automotive-Car Rental P Subject to a maximum of five parking spaces for on-site parking of vehicles available for rental in reserved parking spaces. The provision of more than 5 parking spaces for rental vehicles shall be subject to the approval of the Planning Director. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading). Caretaker Units C Subject to 18.38.090 (Caretaker Units) Day Care–Large Family PC Subject to 18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Fences & Walls P This use may occur on a lot with or without a primary use. (Ord. 5948 § 3; November 29, 2004.) Home Occupations P Subject to 18.38.130 (Home Occupations) ---PAGE BREAK--- 10 Table 20-B ACCESSORY USES AND STRUCTURES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening) Mechanical & Utility Equipment –Ground Mounted P Subject to 18.38.160 (Mechanical and Utility Equipment–Ground Mounted) Mechanical & Utility Equipment –Roof Mounted P Subject to 18.38.170 (Mechanical and Utility Equipment–Roof Mounted) and 18.20.140 (Design Standards) of this chapter Murals P/C Permitted when not visible from right-of-way or adjacent properties. Conditional use where visible from any public right-of-way or adjacent properties. Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P GF Recreation-Low-Impact P Recycling Services-Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Retail Kiosks P Signs P Subject to Chapter 18.44 (Signs) and 18.20.150 (Signs) of this chapter Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Thematic Elements P Utilities-Minor P Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto ---PAGE BREAK--- 11 Table 20-B ACCESSORY USES AND STRUCTURES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions sidewalks Table 20-C TEMPORARY USES AND STRUCTURES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Contractor’s Office & Storage P Subject to 18.38.105 (Contractor's Office & Storage) Open-Air Festivals P Requires all applicable City permits Real Estate Tract Offices P The office shall be removed at the end of two years from the date of the recording of the subdivision map, or the sale of the last dwelling unit, whichever is earlier Special Events P Subject to 18.38.240 (Special Events) (Ord. 5935 § 1 (part); August 24, 2004: Ord. 5948 § 3; November 9, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6004 § 2; November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.040 DEVELOPMENT DISTRICTS. .010 Purpose. To permit the maximum amount of development in the The Platinum Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No. 330, SEIR No. 332, and EIR No. 335 and SEIR No. 339,, the PTMU Overlay Zone establishes land use intensities for each of the following development districts: Arena District, ARTIC District, Gateway District, Gene Autry District, Katella District, Orangewood District, Office District and Stadium District. The boundaries of the development districts are depicted in theThe Platinum Triangle Master Land Use Plan, which boundaries are incorporated herein by this reference. ---PAGE BREAK--- 12 .020 Table 20-D (Development Intensities: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330, SEIR No. 332, and EIR No. 335, and SEIR No. 339. .0201 The permitted development intensities are further described by sub area in Appendix G of the Platinum Triangle Master Land Use Plan. .0202 The Planning Department will maintain an accounting of the total amount of dwelling units and square footage approved within each district. Development shall not exceed the overall total land use intensity for the PTMU Overlay Zone or the intensity identified for each district, unless a dwelling transfer unit is approved in accordance with Section 18.20.040.030 (Dwelling Unit Transfer). (Ord. 5935 § 1 (part); August 24, 2004: Ord. 5996 § 1; September 27, 2005: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6031 § 18; August 22, 2006: Ord. 6062 § 1; June 17, 2007: Ord. 6073 § 1; September 11, 2007 Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008) .030 Dwelling Unit Transfer. A request for approval of a dwelling unit transfer shall be submitted to the Planning Department for review and approval by the City in accordance with the following: .0301 A transfer of dwelling units from the Stadium District to the Katella, Gene Autry and Gateway Districts shall be permitted subject to approval of the Planning Commission and the City Council at noticed public hearings, provided that the Planning Commission’s decision shall be in the form of a recommendation to the City Council and provided that the applicant demonstrates the following: .01 That the transferred units are proposed to be located within the density transfer boundaries indicated in Figure A of the Platinum Triangle Supplement Sewer Study, dated January, 2006, as it may be amended, on file in the City, or other areas in the Katella, Gene Autry and Gateway Districts where environmental impacts are within the parameters of EIR No. 332, as substantiated by additional analysis approved by the City Engineer and Planning Director. .02 That the request for the dwelling unit transfer shall be submitted by a verified owner of property where the units are proposed to be located and that the request shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the applicant except as set forth in Section 118.60.070 (Withdrawal of Application). .03 That the density of the property where the units are proposed to be located shall not exceed a maximum of 100 residential dwelling units per acre. .04 That the dwelling unit transfer request has been submitted concurrently with the processing of a development agreement prepared pursuant to Section 18.20.170.020 (Development Agreement) and that the final site plan or master site plan, attached as an exhibit to the development agreement, incorporates the transferred units and has been prepared in compliance with the PTMU Overlay Zone. ---PAGE BREAK--- 13 .0302 That issuance of grading and building permits and approval of subdivision plans for projects incorporating an approved dwelling unit transfer, shall only be permitted if there is a valid development agreement recorded on the property. .0303 That if the development agreement were to expire or be terminated or otherwise determined invalid, no permits, including but not limited to, grading and building permits, shall be issued for the transferred units or subdivision plans approved for the transferred units, until such time as the property owner amends the development agreement or enters into another development agreement incorporating the transferred units. .0304 The transfer of dwelling units may be subject to additional criteria as established by the City. (Ord. 6031 18, 19; August 22, 2006.) Table 20-D DEVELOPMENT INTENSITIES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *District Maximum Dwelling Units Maximum Office Square Footage Maximum Commercial Square Footage Arena (41 ac) 425 100,000 100,000 Gateway** (53 ac) 2,142 530,000 50,000 Gene Autry (33 ac) 1,699 100,000 174,100 Katella (99 ac) 4,250 775,000 630,300 Orangewood (3.8 ac) 0 590,000 10,000 Stadium (153 ac) 1,750 1,760,000 1,300,000 Total (382.8 total acres) 10,266 3,855,000 2,264,400 Table 20-D ---PAGE BREAK--- 14 DEVELOPMENT INTENSITIES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE District Acres Maximum Housing Units Maximum Office Square Feet Maximum Commercial Square Feet Maximum Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 520 2,202,803 358,000 1,500,000 Gateway 50 2,949 562,250 64,000 0 Gene Autry 33 2,362 338,200 304,700 0 Katella 141 5,707 2,131,058 832,614 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 3,125,000 3,120,368 0 Total Mixed Use 470 18,909 9,862,166 4,909,682 1,500,000 Office 121 0 4,478,356 0 0 Total PTMU Overlay 591 18,909 14,340,522 4,909,682 1,500,000 * For properties along Gene Autry Way, the additional 4'6" of public right-of-way per General Plan Amendment No. 2004-00420 may be counted toward the property’s total acreage when determining density. The Gateway District encompasses Sub-Areas A, B and C as depicted in The Platinum Triangle Master Land Use Plan (321 dwelling units within the Gateway District are specifically allocated to Sub-Area 18.20.050 STRUCTURAL HEIGHTS. The height requirements for the PTMU Overlay Zone are shown in Table 20-E (Maximum Structural Height: The Platinum Triangle Mixed Use (PTMU) Overlay Zone) and apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development Standards). Greater heights are permitted in connection with a conditional use permit, as set forth in Chapter 18.66 (Conditional Use Permit). Table 20-E MAXIMUM STRUCTURAL HEIGHT: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Maximum Height in Feet ARTIC, Arena and Stadium Districts Unlimited All other properties 100 ---PAGE BREAK--- 15 (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 §1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.060 COVERAGE. .010 Site Coverage. The maximum site coverage for the PTMU Overlay Zone is seventy- five percent .0101 “Coverage” is the sum of the area of all building footprint areas and the area of exposed parking, divided by the gross area of the parcel, excluding Market Street or connector streets and/or any required public right-of-way. For purpose of coverage calculations, parking is not considered exposed when landscape, patios and pool decks are located on the top level of a parking structure. .0102 Accessory Buildings and Structures. All accessory buildings and structures, shall be included in the maximum site coverage calculation. (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.070 PROJECT SIZE. The residential project size requirements are as follows: .010 The minimum residential project size shall be fifty (50) dwelling units. .015 The minimum and maximum densities permitted shall be as indicated by building type in Table 20-F (Building Types: Platinum Triangle Mixed Use (PTMU) Overlay Zone), based on the gross number of dwelling units and the gross lot size excluding public and private streets, alley rights-of-way, and public and private easements for ingress and egress. .020 Residential projects of more than four hundred (400) dwelling units on parcels of five acres or greater shall consist of more than one building type, as defined in Table 20-F (Building Types: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types proposed to meet this requirement must vary by at least onetwo (12) storyies in height. .030 Building Site Requirements in Chapter 18.40 (General Development Standards) shall also apply. Table 20-F BUILDING TYPES: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Building Type Unit Type Typical Density Range Definition ---PAGE BREAK--- 16 Units/Acre Tuck-Under Townhomes Flats 16-24 18-30 Residential buildings in which individual parking garages are located under the living unit but still accessed by surface driveways Wrapped Deck Flats 45-80 Residential buildings that surround, or wrap around, a freestanding (not subterranean) parking structure Podium Townhomes Flats/Townhomes Flats 16-32 36-65 48-100 Residential buildings located above a subterranean parking structure High-Rise Tower Flats 65-100 Residential buildings over 55 feet in height (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.080 FLOOR AREA. The minimum floor area for dwelling units is shown in Table 20-G (Minimum Floor Area: The Platinum Triangle Mixed Use (PTMU) Overlay Zone). .010 Calculations. For purposes of this section, a "Bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "Bedroom." Table 20-G MINIMUM FLOOR AREA: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Unit Type Minimum Floor Area Studio Units: 550 square feet; provided, however, that the number of studio units shall not exceed 20% of the total number of units per residential building One-Bedroom Units: 650 square feet Two-Bedroom Units: 825 square feet Three-Bedroom Units: 1,000 square feet More Than a Three-Bedroom Unit: 1,000 square feet plus 200 square feet for each bedroom over three ---PAGE BREAK--- 17 (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.090 STRUCTURAL SETBACKS. Every building or structure erected under the provisions of this zone shall be provided with setbacks as follows: .010 Setbacks Abutting Public Rights-of-Way, Private Streets and Alleys. .0101 Minimum Open Setback. All properties shall have a minimum open setback for the full width of the property, as indicated in Table 20-H (Structural Setbacks Abutting Public Rights-of-Way, Private Streets and Alleys) and the The Platinum Triangle Master Land Use Plan. .01 Setbacks abutting public rights-of-way shall be parallel to the centerline of the adjoining public rights-of-way, and shall be measured from the ultimate right-of-way, as indicated in the Circulation Element of the General Plan. .02 Setbacks abutting private streets or alleys shall be parallel to the centerline of the adjoining private street or alley, and measured from the private access easement. .0102 Required Improvement of Setbacks. Setbacks abutting public rights-of-way, private streets and alleys shall be landscaped with lawn, trees, shrubs or other plants, and/or decorated hard surface expansion of the sidewalk, as set forth in Chapter 18.46 (Landscaping and Screening), Table 20-H and theThe Platinum Triangle Master Land Use Plan. Setback areas shall be permanently maintained in a neat and orderly manner. .0103 Permitted Encroachments. Setbacks abutting public rights-of-way, private streets and alleys may include the following encroachments: .01 Patios, residential buildings and ground floor commercial uses that encroach into the required street setback no more than the maximum amount allowed per Table 20-H and the The Platinum Triangle Master Land Use Plan. .02 Walkway connections to building entrances, provided that special paving treatment or modular paving materials are used. .03 Vehicular and bike accessways. .04 Transit stops. .05 Outdoor seating and dining areas in conjunction with full-service restaurants, coffee shops, and bakeries, provided that such areas shall be designed to not adversely affect the safe and efficient circulation of pedestrian and vehicular traffic. ---PAGE BREAK--- 18 .06 Public art displays, fountains, ponds, planters, outdoor seating areas, benches, decorative trash receptacles, planters, public plazas, or other similar amenities and attractive street furnishings that create public gathering places. .07 Newsracks that are designed to be aesthetically harmonious with the character of the area, and not cause obstruction or adversely affect the safe and efficient circulation of pedestrian and vehicular traffic. .08 Cornices, eaves, belt courses, sills, buttresses and fireplaces that encroach into the required street setback no more than thirty-six (36) inches. .09 Awnings, canopies and arcades. .10 Open, unenclosed balconies that encroach into the required street setback no more than three feet. .11 Covered or uncovered entrances that do not extend above the level of the first floor of the building, and that include a wall not more than thirty-six (36) inches in height that encroaches into the required street setback no more than five feet. .12 Fences, walls and hedges that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) and subsection 18.20.30.020 (Accessory Uses). .0104 Improvement of Walkways Required. Adjacent to Orangewood Avenue, the portion of the setback adjacent to the right-of-way shall be improved with a walkway, as indicated in Table 20-H and as shown in The the Platinum Triangle Master Land Use Plan. An easement for said walkway shall be provided to the City. Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape ---PAGE BREAK--- 19 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Katella Avenue 18 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 4 feet • The area between residential patios and the sidewalk/walkway (see below) shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved • A date palm matching the date palm in the public right-of-way in spacing and height shall be installed 5 feet from the right-of- way, as indicated on the Platinum Triangle Master Land Use Plan State College Boulevard South of Gene Autry Way: 13 feet North of Gene Autry Way to railroad grade separation: 16 feet North of railroad grade separation: 20 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 4-8 feet • The area between residential patios and the sidewalk/walkway (see below) shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved ---PAGE BREAK--- 20 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Gene Autry Way 9.5 feet Patios: 5 feet Residential buildings: 3 feet* Ground floor commercial: 5 feet (outdoor seating areas may encroach 9.5 feet) • The area between residential patios and the sidewalk/walkway (see below) shall be fully landscaped • Adjacent to ground floor commercial uses, up to 100% of the setback area may be paved provided required Mexican Fan Palm trees in setback areas are provided 20 feet on-center • A 2.5 foot walkway shall be provided adjacent to right-of- way, scored to match adjacent sidewalk, and an easement provided to the City Orangewood Avenue West of State College Boulevard: 12 feet East of State College Boulevard: West of West Dupont Drive: 12 feet East of West Dupont Drive: 15 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 8 feet • The area between residential patios and the sidewalk/walkway (see below) shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved • East of State College Boulevard, A 2.5 foot walkway shall be provided adjacent to right-of- way, scored to match adjacent sidewalk, and an easement provided to the City, east of State College Boulevard ---PAGE BREAK--- 21 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Douglass Road 14 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 3 feet • The area between residential patios and the sidewalk shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Anaheim Way West side: 5 feet East side: 20 feet None • Setback area shall be fully landscaped Lewis Street South of Katella Avenue: 20 feet North of Katella Avenue: 12 feet None • Setback area shall be fully landscaped Railroad Right-of-Way 10 feet None • Setback area shall be fully landscaped Howell Avenue Sunkist Street Rampart Street 20 feet None • Setback area shall be fully landscaped Market Street 10 feet Ground floor commercial: 4 feet • A maximum 30% of setback area may be landscaped ---PAGE BREAK--- 22 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Connector Streets Collector Streets Private Streets Wright Circle Private Streets Dupont Circle 10 feet Patios: 7 feet Residential buildings: 3 feet* Ground floor commercial: 3 feet • The area between residential patios and the sidewalk shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Alleys 10 feet Patios: 2 feet Residential buildings: 2 feet* Ground floor commercial: 2 feet • A minimum 4-foot-wide pedestrian walkway shall be provided parallel to the alley. All other portions of the setback area shall be fully landscaped. Freeways 25 feet None • Setback area shall be fully landscaped * Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. .020 Setbacks – Other. An open setback shall be provided between buildings and interior lot lines, and between buildings located on the same project site. Minimum setback requirements shall be measured perpendicular to building walls. .0201 Required Improvement of Setbacks. Required setbacks abutting interior property lines and setbacks between buildings shall be landscaped with lawn, trees, shrubs or other plants, as indicated above and as set forth in Chapter 18.46 (Landscaping and Screening). Setback areas shall be permanently maintained in a neat and orderly manner. .0202 Setbacks Abutting Interior Property Lines. A minimum five foot wide fully landscaped setback area shall be provided for structures abutting an interior property line along the entire length of the building. Where a fence or wall is provided along or adjacent to the ---PAGE BREAK--- 23 interior property line, the five foot wide fully landscaped setback shall be measured from the side of the fence or wall facing the property. .0203 Setbacks Between Buildings. A minimum twenty (20) foot wide setback between parallel walls of two separate buildings shall be provided. At least forty percent (40%) of the setback area between buildings shall be landscaped. .01 Permitted Encroachments. The following encroachments are permitted, provided a minimum of forty percent (40%) of the setback area is landscaped: Open, unenclosed balconies and/or private patios for ground floor residential units may encroach no more than five feet. Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty-six (36) inches in height may encroach no more than five feet. Outdoor recreational facilities. Fountains, ponds, sculptures and planters. Fences, walls and hedges that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges). Paved walkways, benches and plazas. Vehicular accessways. .030 Parking, loading or unloading of privately owned and operated automobiles and other vehicles shall be prohibited in all required setbacks. .040 Required vehicle site distances shall be maintained. No landscaping or other elements such as signs or fences exceeding twenty-four (24) inches in height shall be permitted within the line-of-sight triangle described in Section 18.44.080 (Freestanding and Monument Signs– General) of Chapter 18.44 (Signs) and as shown on the applicable Engineering Standard Detail pertaining to commercial drive approaches unless otherwise approved by the City Traffic and Transportation Manager. .050 Modifications. The setbacks prescribed in this section may be modified in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permit), provided that minimum landscape requirements are met. (Ord. 5935 1 (part); August 24, 2004: Ord. 5948 § 4; November 9, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6031 § 20: August 22, 2006: Ord. 6075 § 5; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) ---PAGE BREAK--- 24 18.20.100 STRUCTURAL LOCATION AND BUILDING ORIENTATION. All buildings shall have the following orientation to the street: .010 All buildings shall be aligned either parallel or at right angles to the street rights-of- way. .020 All buildings adjacent to a public street shall maintain a continuous "street wall," formed by the edge of the building, for a minimum of seventy percent (70%) of the lot/parcel frontage adjacent to the street. .030 With the exception of parking lots and structures for hotels and office buildings, and Except as otherwise provided for office development in the Orangewood District, parking lots and structures shall not be located directly adjacent to a public street, but shall be placed internal to the block, in a location screened from view of the public right-of-way or subterranean to the building. .040 Parking Structures. Except as otherwise provided for office development in the Orangewood District, parking structures shall be screened from view of the public right-of-way. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6075 § 6; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.110 PUBLIC PARKS, RECREATIONAL-LEISURE AREAS AND LANDSCAPING .010 Public Parks. Public parks shall be provided as follows: .0101 Parcels eight (8.0) acres or larger with residential development totaling more than 325 units, shall provide and construct an on-site public park, at a minimum size of forty-four (44) square feet per residential dwelling unit. .01 Said park shall be bounded on at least one side by a public street with on-street parking. .02 This requirement is in addition to the payment of park-in-lieu fees; however, the value of the parkland dedication will be credited against overall park-in-lieu fees paid for the project. This credit will be given for park land dedication only. No credit will be given for improvements to the park or for recreational-leisure areas, as required subject to subsection 18.20.110.020 (Recreational-Leisure Areas). .0102 Parcels less than eight (8.0) acres in size shall pay a park-in-lieu fee. ---PAGE BREAK--- 25 .020 Recreational-Leisure Areas. Two hundred (200) square feet of recreational-leisure area shall be provided for each dwelling unit, and may be provided by private areas, common areas, or a combination of both. .0201 Common Recreational-Leisure Areas. All common recreational-leisure areas shall be conveniently located and readily accessible from all dwelling units located on the building site, and shall be integrated with, and contiguous to, other common areas on the building site. The common recreational-leisure area may be composed of active or passive facilities, and may incorporate any required setback areas other than setback areas adjacent to public rights-of-way, private streets and alleys and interior property lines, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. The common recreational-leisure area shall have a minimum dimension of ten (10) feet. .01 Improvement of Common Recreational-Leisure Areas. All common recreational- leisure areas shall be landscaped with lawn, trees, shrubs or other plants, as set forth in Chapter 18.46 (Landscaping and Screening), with the exception of reasonably required pedestrian walkways and paved recreational facilities, such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen-type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. All required common recreational-leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. Courtyards internal to a project, or enclosed on at least three sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio one square foot of landscape to one square foot of hardscape. Pools and spas shall be excluded from this ratio. The base of a building shall be separated from adjacent common recreational- leisure area by a planter allowing a minimum thirty (30) inches planting width. .0202 Private Recreational-Leisure Areas. In order for private patios and balconies to count toward the recreational-leisure area requirement, they must comply with the following: .01 Any private patios for ground floor units shall not be less than one hundred (100) square feet in area, with a minimum dimension of eight feet. .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in area, with a minimum dimension of seven feet. Private balconies for dwelling units located in high-rise towers, eight stories or higher, shall not be less than thirty-five (35) square feet in area, with a minimum dimension of five feet. ---PAGE BREAK--- 26 .030 Landscaping. Landscaping, including fences, walls and hedges, shall be permitted and/or required subject to the conditions and limitations set forth herein and in Chapter 18.46 (Landscaping and Screening) except that the minimum plant size for a Date Palm, which shall be 30-foot, brown-trunk height, and a Mexican Fan Palm, which shall be 20-foot, brown-trunk height. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord 6004 § 3; November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.120 PARKING, LOADING AND VEHICULAR ACCESS .010 Number of Parking Spaces. .0101 Number of Spaces for Residential Uses. The following minimum parking requirements shall be used in determining parking need: Table 20-I MINIMUM PARKING REQUIREMENTS: THE PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of Bedrooms Minimum Number of Parking Spaces Per Unit 1 bedroom 1.5 spaces 2 bedroom 2.0 spaces 3 bedroom 2.5 spaces 4 bedroom 3.5 spaces .0102 Number of Spaces for Non-Residential Uses. The number of parking spaces for non-residential uses shall be determined by the type of use (use class) specified in Table 42-A (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading). .0103 Number of Spaces for Mixed-Use Projects. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review process by the Planning Services Division of the Planning Department and/or its designee based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the Planning Services Division of the Planning Department and/or its designee. The parking demand study shall be prepared at the property owner/developer’s expense and provided as part of the final site plan application. .0104 On-Street Parking. Parking located on a private or public street directly in front of a use may be considered for parking credit; providing a parking management plan is approved ---PAGE BREAK--- 27 by the City Engineer, which adequately addresses how parking will be limited to the use that it is intended to serve. .0105 Tandem Parking. Tandem Parking may be permitted in conjunction with subterranean parking and tuck-under buildings, where both spaces are assigned to the same designated dwelling unit. .0106 Valet Parking. Valet parking may be permitted in conjunction with subterranean parking, provided valet services are provided for and managed by an on-site management company or homeowner's association. .0107 Drop-off and Pick-Up Locations. Drop-off and pick-up locations shall be incorporated into the design of parking areas, and the number, location and design shall be approved by the City Engineer. .020 Designation of Parking for Residential and Non-Residential Uses. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of posting, pavement markings, and/or physical separation. Parking design shall incorporate separate entrances and exits, or a designated lane, for residents, so that residents are not waiting in line behind non-residential drivers. .030 Vehicle Access. All vehicle access shall be designed and improved in accordance with the requirements of the City Engineer. .0301 Primary Vehicle Access. Parcels located adjacent to connector or collector streets shall have their primary vehicle access off of said streets. .0302 Minimum Distance Between Driveways of Arterials. The minimum distance between adjacent driveways on the same site or adjacent properties located along arterials shall be not less than three hundred and fifty (350) feet, except as otherwise approved by the City Engineer. .0303 Vehicular Access from Katella Avenue. When two or more parcels or lots located adjacent to Katella Avenue are considered as a single, integrated development, additional driveways may be permitted, subject to the Standard Driveway Detail requirements of the Public Works Department. .0304 Driveway Width Dimensions. Driveways shall be a minimum of twenty-four (24) feet wide, and a maximum of thirty-five (35) feet wide, in order to enhance the pedestrian experience. Wider widths may be allowed if pedestrian circulation is not significantly compromised, subject to the approval of the City's Traffic and Transportation Manager, based on sound engineering practices. .040 Streets. As provided in the The Platinum Triangle Master Land Use Plan, connector and collector streets and a Mmarket Sstreet will be required within the PTMU Overlay Zone. The location of these streets shall be in conformance with the The Platinum Triangle Master ---PAGE BREAK--- 28 Land Use Plan, and shall be approved by the City Engineer, based on an access and alignment study. Additional connector streets may be required by the City Engineer, based on projected traffic volumes as determined by a traffic study. .0401 The streets shall be designed to comply with the cross sections in the The Platinum Triangle Master Land Use Plan; provided that the final width, including supplemental turn lanes if required, shall be determined, based on anticipated traffic volumes analyzed as part of a project specific traffic impact study to be reviewed and approved by the City Engineer. .0402 Traffic-calming and special street design features, such as enhanced paving and parkway tapers at intersections, are permitted and encouraged, subject to the approval of the City Engineer. .050 Loading Areas. Off-street loading spaces shall be provided as follows: .0501 Non-residential uses off-street loading requirements shall comply with the requirements of Section 18.42.100 (Loading Requirements) of Chapter 18.42 (Parking and Loading). .0502 Residential Uses. .01 Residential uses shall have one off-street loading space or moving plaza for every one hundred and fifty (150) units. .02 Loading spaces or moving plazas shall be located near entries and/or elevators. .03 Loading spaces or moving plazas shall be incorporated into the design of vehicular access areas. .04 Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas. .05 Loading spaces or moving plazas may be located on a local or connector street, with the approval of the City Traffic and Transportation Manager. The adjacent parkway and setback landscape treatment shall be designed to allow for loading and unloading. (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6101 § 13; April 22, 2008: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.130 REFUSE STORAGE AND RECYCLING FACILITIES, AND PRIVATE STORAGE AREAS. .010 Refuse Storage and Recycling Facilities. Refuse storage areas and recycling facilities shall conform to the standards set forth in the document entitled "Refuse Container Enclosure for Multiple-Family Residential, Commercial, and Industrial Use" (Form 139), on file with the City of Anaheim or as otherwise approved by the Director of Public Works, with the additional ---PAGE BREAK--- 29 requirement that the refuse storage facilities for residential and non-residential users shall be maintained as separate facilities, and shall not allow commingling of the separate facilities. The storage areas shall be screened from adjacent public or private rights-of-way, or railroads. .020 Private Storage Areas. General storage cabinets, with a minimum size of one hundred (100) cubic feet capacity, shall be required for each dwelling unit. Provision of said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, or in close proximity to the dwelling unit. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.140 DESIGN STANDARDS. .010 The design of buildings within The the Platinum Triangle shall be of the highest quality in massing, design details and amenities. .020 Amenities. High quality recreational and service amenities to serve the tenants of the residential complexes shall be provided. Such amenities may include, but are not limited to, private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, dry cleaning collection and distribution, computer facilities, barbecues, decks, court game facilities, and community fireplaces. .030 Integrated Design. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. .040 Architectural Massing. With the exception of office buildings and hotels, and as otherwise provided for office development in the Orangewood District, buildings shall comply with the following: .0401 Except as otherwise provided for in the Orangewood District,R regardless of style, a building shall not have a continuous roof or parapet line exceeding one hundred twenty (120) feet in length, without vertical breaks that cause a change in height of at least six feet. .0402 WExcept as otherwise provided for in the Orangewood District, when a building exceeds two hundred forty (240) feet in length, building height shall step down, in at least one location at least one floor, for a minimum length of twenty-four (24) feet. .0403. TExcept as otherwise provided for in the Orangewood District, the wall plane of a building facade shall not extend longer than eighty (80) feet, without a break in the plane no less than three feet in depth. .050 Facades. ---PAGE BREAK--- 30 .0501 Street wall facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. Total blank wall areas (without windows or entrances) are prohibited. In addition to architectural massing requirements, building facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. .0502 Street wall facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian-oriented amenities. .0503 Buildings at corners of any street intersection not identified as requiring landmark architecture in the The Platinum Triangle Master Land Use Plan, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the such as but not limited to, building cut-offs and corner entrances with additional architectural detail. .0504 Tops of building facades shall be visually terminated through the use of cornices, stepped parapets, hip and mansard roofs, stepped terraces, domes and other forms of multifaceted building tops. .060 Architectural Detail. .0601 Buildings on corners must address both streets with an equal level of architectural detail. .0602 Projecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, are required. Trim detail on rooflines, porches, windows and doors on street-facing elevations are required. .0603 When trim is used, a minimum of one-inch by four-inch x trim is required. .0604 With stucco walls, a minimum one-inch deep, raised relief around the window is required. .0605 With brick, a minimum two-inch wide brickmold is required around windows. .0606 “Corner Boards” (the board upon which siding is fitted at the corner of a frame structure) are required with wood or simulated wood sidings. .0607 Dormers must be authentic and either be habitable or provide attic ventilation and have a symmetrical gable, hip, shed or curved form. .0608 Windows shall have clear glazing, (panes or sheets of glass) or tinted glazing e.g., low emissivity, solar or spandrel glazing (opaque glass for concealing structural elements). Other types of mirror glazing (including tinted or opaque glass) are not permitted. ---PAGE BREAK--- 31 .0609 Windows shall be recessed (not flush with the wall plane) to create shadow lines and to impart a three-dimensional design feature. .0610 All first floor exterior doors shall be hinged. Sliding glass doors are permitted only above the first floor, and on rear or interior side yard elevations not visible from public rights-of-way or adjacent properties. .0611 Primary wall materials used on the front facade must be repeated on the rear and side elevations. .0612 The lower thirty percent (30 portion of balcony rails shall be finished with a permanent, solid, building material that matches or is otherwise compatible with the building. .0613 Balconies shall provide penetrations in the building mass at least three feet, create shadow, and expose extended wall thickness. .070 Roof Treatments. .0701 Roofs shall be of a monochromic color, and all penetrations and appurtenances shall be painted to match, or be compatible with, the roof color so that their visibility is minimized. .0702 Rooftop mechanical equipment shall be mounted behind major rooftop elements such as stair or elevator penthouses, parapets or architectural projections, so that the equipment is not visible from the adjacent public rights-of-way or adjacent property at grade level. .080 Parking Treatments. .0801 Parking structures shall be screened from view, and shall include architectural detailing, facade treatment, artwork, landscaping, or similar visual features to enhance the street façade, except as otherwise provided for office development in the Orangewood District. .0802 With the exception of parking structures for office buildings and hotels, and as otherwise provided for office development in the Orangewood District, The portions of any parking structure facing the street, excluding vehicular access areas, shall be lined with residential, live/work or other usable space, to clad the face of the structure so that it is not visible from the adjacent street, except as otherwise provided for in the Orangewood District. .0803 Subterranean parking structures can extend above grade up to two feet six inches without requiring cladding treatment as required above, except as otherwise provided for office development in the Orangewood District. .0804 Parking structures for office buildings and hotels facing the street shall screen and enhance the design of the parking structure through architectural detailing, landscaping, façade treatment, or similar visual features. ---PAGE BREAK--- 32 .08054 Parking structures shall include a squeal-free floor treatment. .090 Service Areas. Service areas and mechanical/electrical/ backflow prevention equipment shall be located and screened to reduce their visibility from public and communal gathering areas; methods of screening that are compatible with the project's architecture shall be utilized. .100 Landmark Architecture. Building architecture on key intersection corners, as shown on the The Platinum Triangle Master Land Use Plan, requires special treatment. This treatment shall consist of the following: .1001 Tower element that demonstrates distinctive architectural features on the facade, by providing both greater height and off-set from the building wall plane. .1002 Enhanced pedestrian entry on the corner defined as including at least three of the following characteristics: .01 Oriented on a diagonal to the corner. .02 Setback at least three feet behind the building facade. .03 Two story entrance height and twenty (20) foot entrance width. .04 Canopy, overhang or other architectural covering over the building entry. .05 Other architectural elements of a size and scale easily visible from at least one block away, and customized for that specific corner location. .06 Decorative landscaping, hardscape, planters and/or fountains. .110 Building Treatment Adjacent to Streets. Consistent with the goal of creating walkable and safe neighborhoods, the ground floor of a building, and the space between the building and street, require "pedestrian friendly" design treatments. .1101 Commercial Ground Floor Treatment. Except as otherwise provided for office development in the Orangewood District, when the ground floor is intended for retail or other commercial use in a vertically mixed use building, the ground floor elevation exposed to the street shall provide: .01 Primary pedestrian access directly from the adjacent public street frontage. .02 A maximum eighteen (18) inch deep area, measured out from the face of the building, within which a commercial tenant may customize store front design. .03 A pedestrian signage area at least twenty-four (24) inches in height integrated into the front ground floor elevation of the building. ---PAGE BREAK--- 33 .04 An average of fourteen (14) foot floor to ceiling height on the retail ground floor. .05 Projecting signs. .06 Approximately twice the amount of window area on the ground floor compared to other floors. .07 At least one of the following devices shall be used to visually differentiate the retail from other levels: Minimum two foot and maximum six foot setback between the ground and upper floors, up to six feet setback is allowed; Use of overhangs, awnings or trellis work for at least sixty percent (60%) of the frontage. .1102 Arterial Streets – Residential Ground Floor. When residential ground floor use is adjacent to an arterial street, the ground floor shall be designed to provide the following: .01 At least one residential entry into a communal lobby or courtyard per block. .02 Dwelling unit patios shall be located at least eighteen (18) inches above the sidewalk grade. .1103 Connector Streets – Residential Ground Floor. When residential ground floor use is adjacent to a connector street, regardless of the number of floors, the ground floor shall be designed to provide the following: .01 Communal or individual dwelling unit entries accessible from the adjacent street and/or individual dwelling unit walkway connections to the adjacent street sidewalk. .02 Residential entry stoops, patios or communal entries shall be at least eighteen (18) inches above the sidewalk grade, for a minimum of fifty percent (50%) of the entries along connector streets. .120 Pedestrian Circulation. On-site pedestrian circulation shall be continuous, connect various on-site uses and, where feasible, connect to off-site transit stops. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6075 7-9 September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.150 SIGNS. ---PAGE BREAK--- 34 .010 Coordinated Program. A coordinated sign program is required to be submitted to the Planning Department, per the requirements of subsection 18.44.060.040 (Coordinated Sign Program), prior to the issuance of the first sign permit and shall address the following: .0101 Signs shall complement the architecture of the building and provide a unifying element along the streetscape. .0102 The size, scale, and style of signs shall be internally consistent, and consistent with the scale of the buildings of which they are a part. .0103 Wall signs for ground floor uses shall be placed between the ground floor doorways and the upper facades, and shall be located at approximately the same height as all other ground floor wall signs to create a unifying, horizontal pattern. .020 Applicability of Other Regulations. The provisions in Chapter 18.44 (Signs) shall apply to projects within the PTMU Overlay Zone except as listed below. Residential uses shall be subject to the requirements of Section 18.44.070 (Signs in Residential Zones). , except as provided below: .0201 Awning signs and projecting signs are permitted for buildings with ground floor commercial uses. .0202 Thematic elements, three-dimensional objects or non-habitable structures, such as a gateway, tower, sculpture, spire and similar architectural features to entertain pedestrians, are permitted. .030 Banners used as temporary Real Estate signs in Mixed Use Developments. In conjunction with obtaining a Special Event Permit (Section 18.38.240), Mixed Use Developments within the PTMU Overlay Zone are permitted to use banners as real estate signage (as defined in Section 18.44.030) if all of the following provisions are met: .0301 Banners shall be kept clean, neatly maintained, with no missing sign copy, or ripped or faded material. Any un-maintained or damaged portion of the banners shall be repaired or replaced immediately. Non-compliance shall constitute a public nuisance and shall be subject to immediate termination of the permit. .0302 Banners shall be no greater than 225 square feet or one percent of the building face to which the banner is attached, whichever is greater. .0303 Banners shall be safely affixed to the building in a manner which ensures the safety of the public. .0304 A maximum of one banner shall be permitted per street frontage. .0305 Banners shall only apply to projects implementing the PTMU Overlay Zone. ---PAGE BREAK--- 35 .0306 Banners shall not be permitted on the same street frontage of a lot that concurrently contains a freestanding real estate sign advertising the same project, as defined by Sections 18.44.180 and 18.44.190. .0307 Banners shall be subject to the time limitations contained in Section 18.44.190.060 regarding Temporary Tract Signs. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.160 COMPATIBILITY STANDARDS. The following standards are intended to ensure the compatibility of uses in a mixed-use project. .010 Security. Residential units shall be designed to ensure the security of residents, through the provision of secured entrances and exits that are separate from the non-residential uses, and are directly accessible to parking areas. Non-residential and residential uses shall not have common entrance hallways or common balconies. These separations shall be shown on the development plan, and the separations shall be permanently maintained. .020 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .030 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. .040 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash or oscillate. .050 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.17065 GATEWAY DISTRICT SUB-AREA B STANDARDS. Multiple-Family development in the Gateway District Sub-Area B shall be subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, as set forth in Table 20-A (Primary Uses: The Platinum Triangle Mixed Use (PTMU) Overlay ---PAGE BREAK--- 36 Zone) and shall comply with all provisions of Chapter 18.20 (The Platinum Triangle Mixed Use Overlay Zone) and shall comply with all of the provisions of Chapter 18.20 (The Platinum Triangle Mixed Use Overlay Zone), except as set forth in Section 18.20.210170 (Implementation) or as set forth below: .010 The required setbacks prescribed in Section 18.20.090 (Structural Setbacks) shall be applicable, except as set forth below. .0101 No minimum setback area is required adjacent to the interior southerly property line abutting the City boundary adjacent to the City of Orange. .0102 Where an on-site driveway is provided between two buildings, no minimum landscaped area is required; however, building walls shall be planted with clinging vines. .020 The required public park provision and construction requirements prescribed in subsection 18.20.110.010 (Public Parks) shall not be applicable to development in Sub-Area B; however, payment of park-in-lieu fees is required. .030 The standards prescribed in subsection 18.20.140.040 (Architectural Massing) paragraph .0403 shall not be applicable. .040 The standards prescribed in subsection 18.20.140.060 (Architectural Detail) paragraph .0610 shall not be applicable. .050 The standards prescribed in paragraph 18.20.[PHONE REDACTED] (Arterial Streets - Residential Ground Floor) shall not be applicable. (Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.18066 ORANGEWOOD DISTRICT STANDARDS. Office development in the Orangewood District shall comply with all provisions of Chapter 18.20 (The Platinum Triangle Mixed Use Overlay Zone) or as set forth below: .010 Architectural Massing. .0101 An office building is permitted to have a continuous roof or parapet line exceeding two hundred forty (240) feet in length without vertical breaks or stepping down one floor. .0102 The wall plane of an office building façade shall not extend longer than one hundred twenty feet (120), without a break in the plane of no less than three feet in depth. .020 Parking Treatments. ---PAGE BREAK--- 37 .0201 Parking structures facing the street, excluding vehicular access areas, are not required to clad the face of the structure with residential, live/work or other usable space. Said structures shall be screened , subject to screening of the structure through architectural detailing, landscaping, façade treatment, or similar visual features to disguise the building as a parking structure. .0202 Subterranean parking structures can extend above grade up to two feet six inches subject to screening requirements as listed above. .030 Not withstanding the foregoing, the standards prescribed in subsection .110 (Building Treatment Adjacent to Streets) of Section 18.20.140 shall not be applicable. (Ord. 6075 § 10; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008) 18.20.190 ARTIC, STADIUM AND ARENA DISTRICT STANDARDS. Development in the ARTIC, Stadium and Arena Districts shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone), except as set forth below: .010 Modification of Development Standards. Notwithstanding any provision to the contrary, the City Council may approve the modification of development standards contained in Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) for development in the ARTIC, Stadium and Arena Districts. A final site plan or master site plan that requires the modification of development standards contained in Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) shall be processed concurrently with the development agreement as required by subsection 18.20.200.020. Before the City Council may approve the modification of development standards pursuant to this Section, it must make a finding of fact in the ordinance approving the development agreement or other written decision that the evidence presented shows that all of the following conditions exist: .0101 That the modification of development standards will not be detrimental to the health, safety, convenience, or welfare of the citizens of Anaheim; and .0102 That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; and .0103 That the proposed development is consistent with the goals and policies of the General Plan and with the purpose and intent of the Platinum Triangle Master Land Use Plan, Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) and any other related design criteria; and .0104 That the design and layout of the proposed development will not interfere with existing or proposed development in the surrounding area; and ---PAGE BREAK--- 38 .0105 That adequate provisions have been made for the loading and unloading of persons, supplies and materials in a manner that does not obstruct required parking and accessways or impact adjacent land uses; and .0106 That the proposed development will not limit or adversely affect the growth and development of adjoining lands or the general area in which it is proposed to be located. 18.20.200170 IMPLEMENTATION. An approved final site plan and a development agreement between the property owner and the City of Anaheim are required for all development under the PTMU Overlay Zone in the Katella, Gene Autry, Gateway and Orangewood Districts, except as exempt under subsection 18.20.200170.020.02021 (Development Agreement Exemptions). Development within the Stadium and Arena Districts shall be subject to the requirements of the underlying PR (Public Recreation) or T (Transitional) Zones. .010 Final Site Plan Review. A final site plan application for development in the Katella, Gene Autry, Gateway and Orangewood Districts shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and the The Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, site plans, floor plans, elevations, landscape plans, sign plans and any other such information as determined by the Planning Director. The approved final site plan shall be attached as an exhibit to the development agreement as required pursuant to subsection 18.20.200170.020 (Development Agreement) and submitted to Planning Commission and City Council for review at a noticed public hearing. .0101 Master Site Plan. For projects over twelve (12) acres, an approved master site plan may be attached to a submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan and attached to the development agreement in lieu of an approved final site plan. If a master site plan is attached to the development agreement, final site plans shall be subject to review and approval by the Planning Commission at a noticed hearing and conditions of approval may be imposed by the Planning Commission to ensure conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to issuance of building permits. Within a master site plan area, individual tract or parcel map densities may exceed the general plan maximum of 100 dwelling units per gross acre provided the overall density for the master site plan area does not exceed the general plan maximum. A master site plan shall include any such information as determined by the Planning Director. .0102 Variances. A final site plan or master site plan which includes a request for a variance shall have an application for said variance processed concurrently with the development agreement. ---PAGE BREAK--- 39 .0103 Conditional Use Permit. A final site plan or master site plan which includes a request for a conditional use permit shall have an application for said conditional use permit processed concurrently with the development agreement. .0104 Dwelling Unit Transfers. The transfer of dwelling units shall be subject to the requirements of Section 18.20.040.030 (Dwelling Unit Transfers). .020 Development Agreement. A development agreement shall be processed for all development under the PTMU Overlay Zone in the Katella, Gene Autry, Gateway and Orangewood Districts, except as otherwise exempt under subsection 18.20.170.020, paragraphs .0201 and .0202 (Development Agreement Exemptions) per Resolution No. 82R-565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute, except as otherwise exempt under subsection 18.20.200.020, paragraphs .0202 (Development Agreement Exemptions) and .0203 (Gateway District Sub-Area The form of the development agreement shall be as approved per City Council Resolution No. 2004- 179 on file in the Office of the City Clerk except as indicated under subsection 18.20.[PHONE REDACTED] (Development Agreements in conjunction with a Master Site Plan). A final site plan or master site plan found to be in accordance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said development agreement. .0201 The Platinum Triangle Standardized Development Agreement. For all development in the Katella, Gene Autry, Gateway, Orangewood and Office Districts, the form of the development agreement shall be as approved per City Council Resolution No. 2004-179, as may be amended, on file in the Office of the City Clerk, except as otherwise indicated under subsection 18.20.[PHONE REDACTED] (Development Agreements in conjunction with a Master Site Plan). .02021 Development Agreement Exemptions. Following construction and commencement of operation of a project that has been implemented pursuant to an approved development agreement, the following projects or improvements do not require a development agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. .01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right-of-way; do not exceed five percent of the building’s gross square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial conformance with the building envelope; and are in conformance with the design plan and the zoning and development standards set forth in this chapter. ---PAGE BREAK--- 40 .03 Exterior façade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right-of-way, and are in substantial conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .04 Signage, including wall signs and on-site directional/informational signs and which signs are in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .05 Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or parking demand of the existing development as determined by the Planning Director and City Engineer. .02032 Gateway District Sub-Area B. Multiple-Family development in the Gateway District Sub-Area B, as authorized by approved Conditional Use Permit No. 2003-04763, shall be exempt from the requirement for the property owner to enter into a development agreement with the City of Anaheim. .02043 Development Agreements in conjunction with a Master Site Plan. The form of a development agreement used in conjunction with a master site plan for all development within the Katella, Gene Autry, Gateway, Orangewood and Office Districts shall be as approved per City Council Resolution No. 2004-179, as it may be amended, on file in the Office of the City Clerk, with the exception that the term “final site plan” shall be replaced with “master site plan” and that time extensions may be requested provided that project milestones are met as indicated in the development agreement. .030 Environmental Review. Development agreement review by the Planning Commission shall include an environmental determination for the proposed project as depicted in the final site plan or master site plan. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6031 § 21: August 22, 2006: Ord. 6075 § 11; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 B APPENDIX B The Platinum Triangle Standardized Development Agreement ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form - Mixed Use Districts RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts i DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND TABLE OF CONTENTS PAGE RECITALS Section 1. DEFINITIONS 1.1 Assessment District 1.2 Authorizing Ordinance 1.3 City 1.4 Development 1.5 Development Agreement 1.6 Development Agreement Date 1.7 Development Agreement Statute 1.8 Development Approvals 1.9 Enabling Ordinance 1.10 Existing Land Use Regulations 1.11 Final Site Plan 1.12 Gross Floor Area/GFA 1.13 Interim Development Fees 1.14 Mortgage 1.15 Mortgagee 1.16 Owner 1.17 Parking Areas 1.18 Permitted Development 1.19 Platinum Triangle 1.20 Procedures Resolution 1.21 Project 1.22 Property 1.23 Support Commercial Uses 1.24 Term 1.25 Zoning Section 2. TERM Section 3. BINDING COVENANTS Section 4. EFFECT OF AGREEMENT Section 5. PROJECT LAND USES ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ii Section 6. PERMITTED DEVELOPMENT 6.1 Description of Permitted Buildings 6.2 Parking Areas Section 7. DENSITY OF PERMITTED BUILDINGS Section 8. ENFORCEMENT Section 9. PUBLIC IMPROVEMENTS AND SERVICES 9.1 Public Park 9.2 Utilities (Water, Electrical, Gas, Sewer, & Drainage) 9.2.1 Water Service 9.2.2 Sanitary Sewer and Storm Drains 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities 9.4 Traffic Circulation Improvements Section 10. REIMBURSEMENT PROVISION Section 11. DEDICATIONS AND EXACTIONS Section 12. FEES, TAXES AND ASSESSMENT 12.1 Fees, Taxes and Assessments 12.2 Platinum Triangle Interim Development Fees 12.2.1 Electrical Utilities Undergrounding Fee 12.2.2 General Plan and Environmental Processing Fee 12.2.3 Library Facilities Fee 12.3 Excluded Development 12.3.1 Water Utilities Fees 12.3.2 Electrical Utilities Fees 12.3.3 City Processing Fees 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District ......1413 12.5 Accounting of Funds 12.6. Imposition of Increased Fees, Taxes or Assessments Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES Section 15. TIMING OF DEVELOPMENT Section 16. EXISTING USES Section 17. FUTURE APPROVALS ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts iii 17.1 Basis for Denying or Conditionally Granting Future Approvals 17.2 Standard of Review 17.3 Future Amendments to Final Site Plan Section 18. AMENDMENT 18.1 Initiation of Amendment 18.2 Procedure 18.3 Consent 18.4 Amendments 18.5 Effect of Amendment to Development Agreement Section 19. NON-CANCELLATION OF RIGHTS Section 20. BENEFITS TO CITY Section 21. BENEFITS TO OWNER Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE Section 23. RESERVED AUTHORITY 23.1 State and Federal Laws and Regulations 23.2 Model Codes 23.3 Public Health and Safety Section 24. CANCELLATION 24.1 Initiation of Cancellation 24.2 Procedure 24.3 Consent of OWNER and CITY Section 25. PERIODIC REVIEW 25.1 Time for Review 25.2 OWNER's Submission 25.3 Findings 25.4 Initiation of Review by City Council Section 26. EVENTS OF DEFAULT 26.1 Defaults by OWNER 26.2 Specific Performance Remedy 26.3 Liquidated Damages Remedy Section 27. MODIFICATION OR TERMINATION 27.1 Notice to OWNER 27.2 Public Hearing 27.3 Decision ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts iv 27.4 Standard of Review 27.5 Implementation 27.6 Schedule for Compliance Section 28. ASSIGNMENT 28.1 Right to Assign 28.2 Release upon Transfer Section 29. NO CONFLICTING ENACTMENTS Section 30. GENERAL 30.1 Force Majeure 30.2 Construction of Development Agreement 30.3 Severability 30.4 Cumulative Remedies 30.5 Hold Harmless Agreement 30.6 Cooperation in the Event of Legal Challenge 30.7 Public Agency Coordination 30.8 Initiative Measures 30.9 Attorneys’ Fees 30.10 No Waiver 30.11 Authority to Execute 30.12 Notice 30.12.1 To Owner 30.12.2 To City 30.13 Captions 30.14 Consent 30.15 Further Actions and Instruments 30.16 Subsequent Amendment to Authorizing Statute 30.17 Governing Law 30.18 Effect on Title 30.19 Mortgagee Protection 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure 30.21 Bankruptcy 30.22 Disaffirmance 30.23 No Third Party Beneficiaries 30.24 Project as a Private Undertaking 30.25 Restrictions 30.26 Recitals 30.27 Recording 30.28 Title Report 30.29 Entire Agreement 30.30 Successors and Assigns 30.31 OWNER’s Title of Property 30.32 Exhibits ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts v LIST OF EXHIBITS Exhibit Legal Description of the Property Exhibit Final Site Plan Exhibit Conditions of Approval Exhibit Platinum Triangle Interim Development Fees Exhibit “D-1” Electrical Utilities Undergrounding Fee Exhibit “D-2" General Plan and Environmental Processing Fee Exhibit “D-3" Library Facilities Fee Exhibit Development Requirements and Maintenance Obligations Exhibit Preliminary Title Report ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 1 DEVELOPMENT AGREEMENT NO. 2007-00002 BETWEEN THE CITY OF ANAHEIM AND This Development Agreement is entered into this day of , 20__, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY") (referred to herein as "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division l of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute"). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City’s vision for development of the City of Anaheim (the “General Plan Amendment”), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (“FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY’s zoning code, and a series of related actions. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 2 D. CITY desires that the approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called “The Platinum Triangle Area") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment. E. In order to carry out the goals and policies of the General Plan for tThe Platinum Triangle, on May 25, 2004, the City Council approved tThe Platinum Triangle Master Land Use Plan, setting forth the new vision for tThe Platinum Triangle. F. To further implement the goals and policies of the General Plan for tThe Platinum Triangle, the City Council has established tThe Platinum Triangle Mixed-Use (PTMU) Overlay Zone (hereinafter the “PTMU Overlay Zone”) consisting of approximately three hundred and eighty-threenine acres within tThe Platinum Triangle as depicted in tThe Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. On October 25, 2005, the Anaheim City Council certified Final Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the updated and modified Mitigation Monitoring Program No. 106A (“FSEIR No. 332”) to provide for the implementation of tThe Platinum Triangle Master Land Use Plan, and in conjunction with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code Amendment No. 2004-00036 and a series of related actions. H. On April 22, the Anaheim City Council adopted General Plan Amendment No. 2007-00454 2008-00471 and approved an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) and certified EIR No. 20086- 003394, to increase the maximum number of dwelling units permitted in the PTMU Overlay Zone The Platinum Triangle to 18,909363 dwelling units, increase the maximum number of commercial square footage to 5,657,8474,909,682, increase the maximum number of office square footage to 16,519,015 14,340,522 and add 1,500,000 square feet of square footage of institutional land uses. I. OWNER represents that it owns in fee approximately acres of real property located at in the City of Anaheim, County of Orange (hereinafter "County"), State of California, (hereinafter collectively called the “Property") in tThe Platinum Triangle and zoned PTMU Overlay and more particularly shown and described on Exhibit attached hereto and made a part hereof by this reference. J. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 3 all as more particularly set forth in the Final Site Plan (hereinafter collectively referred to as the "Project"). K. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. L. Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. M. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring Program No. 106 CB and Mitigation Monitoring Plan No. for the Project, CITY is requiring that OWNER construct and install certain public improvements, including off-site traffic circulation improvements, and provide other public benefits. N. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development Agreement. O. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R-565 (the "Procedures Resolution") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. P. On as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application"). The Application included a proposed development agreement (the "Proposed Development Agreement"). Q. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 4 the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. R. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. S. On that date, the City Planning Commission, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined and recommended that the City Council find that previously-certified FSEIR No. 3394, together with the Updated and Modified Mitigation Monitoring Program No. 106CB for tThe Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. T. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: is consistent with the CITY's existing General Plan, is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, is compatible with the orderly development of property in the surrounding area and is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC . U. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. V. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. W. On that date, the City Council, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, did find and determined that previously-certified FSEIR No. 3394, together with the Updated and Modified Mitigation Monitoring Program No. 106BC for tThe Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 5 X. On , 20 , the City Council found and determined that this Development Agreement: is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. Y. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services within tThe Platinum Triangle, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. Z. On , 20 , the City Council adopted the Authorizing Ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District. "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY. l.2 Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. l.3 CITY. The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 6 l.4 Development. "Development" means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.5 Development Agreement. “Development Agreement” means this Development Agreement and any subsequent amendments to this Development Agreement which have been made in compliance with the provisions of this Development Agreement, the Development Agreement Statute, the Enabling Ordinance, and the Procedures Resolution. l.6 Development Agreement Date. The "Development Agreement Date" means the latest of the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. l.7 Development Agreement Statute. The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.8 Development Approvals. "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.9 Enabling Ordinance. The "Enabling Ordinance" means Ordinance No. 4377 enacted by the CITY on November 23, 1982. 1.10 Existing Land Use Regulations. “Existing Land Use Regulations” mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, tThe Platinum Triangle Master Land Use Plan, Mitigation Monitoring Plan No. 149, Updated and Modified Mitigation Monitoring Program No. 106CB, and all other ordinances of the City establishing subdivision standards, park regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Ordinance and such other regulations are not inconsistent with this Development Agreement. Existing Land Use Regulations do not include non-land use regulations, which includes taxes. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 7 1.11 Final Site Plan. The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit attached hereto and made a part hereof by this reference. 1.12 Gross Floor Area/GFA. "Gross Floor Area" or "GFA" means the gross floor area of any buildings which are part of the Permitted Development. 1.13 Interim Development Fees. "Interim Development Fees" are the fees imposed within tThe Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of this Agreement. 1.14 Mortgage. "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.15 Mortgagee. "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.16 OWNER. "OWNER" is and any person or entity with which or into which may merge, and any person or entity who may acquire substantially all of the assets of and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with the provisions of Section 27 (Assignment) of this Development Agreement. 1.17 Parking Areas. The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.18 Permitted Development. "Permitted Development" includes all buildings and the Parking Areas as identified in Section 6 of this Development Agreement and as further set forth in the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for all Permitted Development as set forth in the Final Site Plan. 1.19 Platinum Triangle. “The Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.20 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.21 Project. The "Project" means the development project contemplated by the Final Site Plan with respect to the Property, including but not limited to on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement and the Development Approvals. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 8 1.22 Property. The "Property" means that certain real property shown and described on Exhibit to this Development Agreement. 1.23 Support Commercial Uses. "Support Commercial Uses" are commercial\retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses in keeping with the nature of the Project and the required uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in tThe Platinum Triangle. 1.24 Term. "Term" is defined in Section 2 of this Development Agreement. 1.25 Zoning Code. “Zoning Code” refers to Title 18 of the Anaheim Municipal Code. Section 2. TERM. 2.1 The term (hereinafter called "Term") of this Development Agreement shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five years thereafter, terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 25 and Section 27, respectively, of this Development Agreement, and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 15 of this Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, directed to CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project pursuant to the terms of this Development Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 9 Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any necessary site plan, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES. 5.1 The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The Term, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED DEVELOPMENT. 6.1 Description of Permitted Development. The Permitted Development shall be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas. 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 issuance of the first building permit, the Owner shall record a covenant against the property in a form approved by the City Attorney’s Office that requires Owner and its heirs, assignees and successor-in-interests to reimburse the City for the full cost associated with the use of any Police Department and/or ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 10 Traffic Management Center staff that may be needed for traffic control purposes related to the use of Parking Areas for public parking in connection with events in the Platinum Triangle, including events at Angel Stadium, the Honda Center, or the Grove of Anaheim. 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 buildings, 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. Said covenant shall also provide that the Parking Areas shall not be used to provide public parking for patrons of Angel Stadium of Anaheim, The Grove of Anaheim or Honda Center without the prior written agreement between the OWNER and CITY relating to such parking. Section 7. DENSITY OF PERMITTED BUILDINGS. The Permitted Buildings shall be between the minimum and maximum sizes, and shall not exceed the maximum heights and maximum footprints set forth on the Final Site Plan. Section 8. ENFORCEMENT. Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 23 of this Development Agreement. Section 9. PUBLIC IMPROVEMENTS AND SERVICES. In addition to performing any other obligations heretofore imposed as conditions of approval set forth in Exhibit as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area-wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s)-of-way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s)-of-way within four months after OWNER begins its efforts to so acquire said right(s)-of-way, CITY shall negotiate the purchase of the necessary right(s)-of-way to construct the public improvements as required by, or otherwise ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 11 necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this Section, CITY may use its powers of eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s)-of-way to enable OWNER to construct the public improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Public Park. If the Property is eight or more acres with residential development totaling more than 325 dwelling units, Owner shall be required to dedicate, improve and maintain a minimum size of 44 square feet for each residential unit for public park purposes as set forth in the Final Site Plan. The value of the parkland dedication will be credited against overall park in lieu fees paid for the project. Consistent with existing Code requirements and policies, not credit will be given for improvements. 9.2 Utilities (Water, Electrical, Gas, Sewer, and Drainage). OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Development on the Property or that are displaced by the construction of the Permitted Development. As OWNER submits detailed construction plans in order to obtain building permits for the Permitted Development and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.2.1 Water Service. OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. Alternatively, at OWNER’S election, the water system may be constructed incrementally, provided that said incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the terms of Rule l5D for the advancement of additional funds to construct the upgraded water facilities. 9.2.2 Sanitary Sewer and Storm Drains. Prior to final building and zoning inspections for the first building within the Permitted Development, OWNER will construct all sanitary ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 12 sewers and storm drains and appurtenant structures (including treatment control BMP’s as required by the WQMP) to serve the ultimate development of the Property as provided by areawide engineering studies to be conducted prior to issuance of any building permits for the first building within the Permitted Development and updated prior to the issuance of any building permits for each subsequent building within the Permitted Development. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems may be constructed incrementally subject to the approval of the City Engineer, provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities. The timing, phasing and sequence of the construction of public improvements and facilities or the payment of fees therefor shall be constructed or paid in accordance with the timing, phasing and sequence set forth in this Development Agreement and the Final Site Plan 9.4 Traffic Circulation Improvements. In order to assist CITY in providing for area-wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project including all applicable measures from the Updated and Modified Mitigation Monitoring Program 106CB approved in conjunction with Subsequent EIR No. 3394, and Mitigation Monitoring Plan No. as shown on the Final Site Plan. Section 10. REIMBURSEMENT PROVISION. In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefited properties. All costs associated with establishing said mechanisms shall be paid by OWNER. Section 11. DEDICATIONS AND EXACTIONS. Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for dedication the rights-of-way, including the public connector streets, collector streets and Market Street, if applicable, and other areas as more fully set forth in the Final Site Plan for the uses set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER's offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. Section 12. FEES, TAXES, AND ASSESSMENTS. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 13 12.1 Fees, Taxes and Assessments. OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2 Platinum Triangle Interim Development Fees. CITY anticipates that a number of fees will be adopted to pay the costs attributable to new development in tThe Platinum Triangle. The Interim Development Fees constitute amounts estimated by the applicable City Departments to be the approximate fair share of costs attributable to the Project. If an identified fee has been adopted prior to issuance of the first building permit certificate of occupancy for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted at the time of prior to the issuance of said building permit certificate of occupancy, the OWNER shall pay the applicable Platinum Triangle Interim Development Fees set forth in attached Exhibit If the OWNER has paid a Platinum Triangle Interim Development Fee, and upon subsequent adoption of a corresponding fee it is determined that the OWNER has paid an amount greater than the amount payable pursuant to the adopted fee, the excess amount paid as an Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated to adopt any of the identified fees. If any such identified fee is not adopted, the parties agree that the Interim Development Fee is adequate to address the impacts of the Project. 12.2.1 Electrical Utilities Undergrounding Fee. OWNER will pay an Electrical Utilities Undergrounding Fee as set forth in Exhibit 12.2.2 General Plan and Environmental Processing Fee. OWNER will pay a processing FEE attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for tThe Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs are set forth in Exhibit 12.2.3 Library Facilities Fee. OWNER will pay a Library Facilities Fee as set forth in Exhibit 12.3 Excluded Development Fees. Fees Excluded from Existing Land Use Regulations. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 12.3.1 Water Utilities Fees. OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within tThe Platinum Triangle. 12.3.2 Electrical Utilities Fees. OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 12.3.3 City Processing Fees. OWNER shall pay all standard City-wide processing fees for building permits, zoning review, and other similar fees associated with the Development of ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 14 the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District. Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney’s Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds. CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 12.6 Imposition of Increased Fees, Taxes or Assessments. Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY, except as otherwise provided in this Development Agreement. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the approval or implementation of the project. Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions (CC&Rs) applicable to the Property in a form and content satisfactory to the Planning Director, City Engineer and the City Attorney incorporating the requirements and obligations set forth in Exhibit to this Agreement, entitled the “Development Requirements and Maintenance Obligations.” Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. OWNER consents to, and waives any right it may have now or in the future to challenge the legal validity of the conditions, requirements, policies or programs required by Existing Land Use Regulations or this Development Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 15 protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Section 15. TIMING OF DEVELOPMENT. Timing of Development shall be as set forth in the Final Site Plan. Section 16. EXISTING USES. CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. When those existing uses are demolished, no credit for any such demolished square footage for which Interim Development Fees have not been paid will be given OWNER against Interim Development Fees due on a square footage basis as provided for in this Development Agreement. OWNER will pay the full Interim Development Fees for Permitted Development constructed pursuant to the Final Site Plan. Section 17. FUTURE APPROVALS. 17.1 Basis for Denying or Conditional Granting Future Approvals. Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 17.2 Standard of Review. The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 17.3 Future Amendments to Final Site Plan. Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 18.4 of this Development Agreement may subject the portion or portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 16 impact the rights, duties and obligations of the parties under this Development Agreement with respect to the unamended portions of the Final Site Plan. Section l8. AMENDMENT. 18.1 Initiation of Amendment. Either party may propose an amendment to this Development Agreement. 18.2 Procedure. Except as set forth in Section 18.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 18.3 Consent. Except as provided elsewhere within this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 18.4 Amendments. Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties find that changes or adjustments are necessary or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. l8.5 Effect of Amendment to Development Agreement. The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section l9. NON-CANCELLATION OF RIGHTS. Subject to defeasance pursuant to Sections 25, 26 or 27 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. Section 20. BENEFITS TO CITY. The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are not limited to, the following: ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 17 a. The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on-site and area-wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to encourage development of tThe Platinum Triangle; and b. The considerations set forth in Sections 9 and 10 of this Development Agreement. Section 21. BENEFITS TO OWNER. OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this section. Section 23. RESERVED AUTHORITY. 23.1 State and Federal Laws and Regulations. In the event that the State or Federal laws or regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 18 provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 23.2. Model Codes. This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 23.3 Public Health and Safety. This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 23.2 of this Development Agreement which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that such rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 24. CANCELLATION. 24.1 Initiation of Cancellation. Either party may propose cancellation of this Development Agreement. 24.2 Procedure. The procedure for proposing a cancellation of and canceling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 24.3 Consent of OWNER and CITY. Any cancellation of this Development Agreement shall require the mutual consent of OWNER and CITY. Section 25. PERIODIC REVIEW. 25.1 Time for Review. CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER's failure to comply with the timing schedules set forth in the Final Site Plan shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 19 25.2 OWNER's Submission. Each year, not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 25.3 Findings. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 25.4 Initiation of Review by City Council. In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 26. EVENTS OF DEFAULT. 26.1 Defaults by OWNER. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 20 end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 26.2 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Development Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine sum of the money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 26.3 Liquidated Damages Remedy. The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of One Hundred Thousand Dollars ($100,000.00) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section 26. Section 27. MODIFICATION OR TERMINATION. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 21 If pursuant to Section 26.1 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. 27.1 Notice to OWNER. CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY’s findings. 27.2 Public Hearing. The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty-days after the City Council gives notice to OWNER. 27.3 Decision. The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefor not more than ten (10) days following completion of the public hearing. 27.4 Standard of Review. Any determination by CITY to terminate this Development Agreement because OWNER has not complied in good faith with the terms of this Development Agreement must be based upon a finding by the City Council, based on the preponderance of evidence, that OWNER is in default and has not cured that default in the timeframe permitted by Sections 25 and 26 above, as applicable. 27.5 Implementation. Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 27.6 Schedule for Compliance. Setting a reasonable time schedule for compliance with this Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to amendment or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. Section 28. ASSIGNMENT. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 22 28.1 Right to Assign. OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and/or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 28.2 Release Upon Transfer. It is understood and agreed by the parties that the Property may be subdivided following the Development Agreement Date. One or more of such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER’s obligations set forth in Section 9 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights and interests under this Development Agreement as permitted pursuant to the Section 28.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that OWNER is not then in default under this Development Agreement, OWNER has provided to CITY the notice of such transfer specified in Section 28.1 above, the transferee executes and delivers to CITY a written agreement in which the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non-compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section shall be self-executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 23 same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 29. NO CONFLICTING ENACTMENTS. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. Section 30. GENERAL. 30.1 Force Majeure. The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 30.2 Construction of Development Agreement. The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY’s police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY’s governmental powers over the Property. 30.3 Severability. If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 24 Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and/or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 30.4 Cumulative Remedies. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 30.5 Hold Harmless Agreement. OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents’, or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER’s or the CITY’s contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 30.6 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and/or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action. OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of any such legal action. 30.7 Public Agency Coordination. CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Property or the Project. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 25 30.8 Initiative Measures. Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as law or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 30.9 Attorneys' Fees. In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys fees and costs. 30.10 No Waiver. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non- performance of the same or other covenants and conditions hereof. 30.11 Authority to Execute. The person executing this Development Agreement on behalf of OWNER warrants and represents that he/she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that he/she has the authority to bind OWNER to the performance of OWNER's obligations hereunder. 30.12 Notice. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 26 30.12.1 To OWNER. Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed; to OWNER as follows: or such changed address as OWNER shall designate in writing to CITY. 30.12.2 To CITY. Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney City of Anaheim P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER. Alternatively, notices to CITY may also be personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. 30.13 Captions. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 27 construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 30.14 Consent. Any consent required by the parties in carrying out the terms of this Development Agreement shall not unreasonably be withheld. 30.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 30.16 Subsequent Amendment to Authorizing Statute. This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 23.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 30.17 Governing Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 30.18 Effect on Title. OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 30.19 Mortgagee Protection. Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 28 Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non-compliance within thirty (30) days after obtaining possession. If any such default or non-compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non-compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 30.21 Bankruptcy. Notwithstanding the foregoing provisions of Section 30.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 30.22 Disaffirmance. 30.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 30.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 30.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER’s default; and 30.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 29 30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 30.22.1 above, nor to cure any default of OWNER referred to above. 30.23 No Third Party Beneficiaries. This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 30.24 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 30.25 Restrictions. Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 30.26 Recitals. The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 30.27 Recording. The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 30.28 Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER’s legal and equitable ownership interest in the Property, current within six months, unencumbered except for the exceptions (hereinafter the “Permitted Exceptions”) set in the preliminary title report for the Property dated May 24, 2007, attached hereto as Exhibit (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER’s legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 30 30.29 Entire Agreement. This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 30.30 Successors and Assigns. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. 30.31 OWNER's Title of Property. Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER’s fee title to Property. 30.32 Exhibits. All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. “CITY” “OWNER” CITY OF ANAHEIM, a municipal corporation By: By: Mayor Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 31 ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT LEGAL DESCRIPTION OF THE PROPERTY ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT FINAL SITE PLAN ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT CONDITIONS OF APPROVAL ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT “D-1" ELECTRIC UTILITIES UNDERGROUNDING FEE Residential Uses $9.9211.42 per unit The Platinum Triangle Anaheim Master Land Use Plan and the Underground Conversion Program envision that the public utilities along Katella Avenue, between the State College Boulevard and Anaheim Way will need to be undergrounded. The City-owned facilities will be undergrounded using City funds, pursuant to the Rule No. 20 of the City of Anaheim Rates, Rules & Regulations. Some of the facilities along Katella Avenue are owned by Southern California Edison (SCE). Moneys available to underground City-owned facilities may not be used to underground SCE facilities. The interim fee will collect the funds necessary to underground the SCE lines, and thereby significantly improve the appearance of tThe Platinum Triangle. The cost to underground the SCE lines is estimated at $187,505104,775. These funds will be collected by imposing an interim fee on the Mixed-used residential units planned in tThe Platinum Triangle. The formula for calculating the fee is the following: Cost to Underground SCE lines = Per-Unit Fee Number of mixed-use residential units The Per-Unit fee is calculated at: $187,505104,775 = $9.92 11.42 per Unit 18,909 9,175 Units ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT “D-2" GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Residential Uses: $2448.00 per unit Non-residential Uses: $0.036 per sq. ft. These fees are intended to recover the costs associated with the Platinum Triangle including the designation of portions of the Platinum Triangle for mixed use and office development by the General Plan, the Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay, the Platinum Triangle Standardized Development Agreement Form, Zone Reclassifications, all other associated documents and amendments thereto, and all associated environmental documentation. The fees are based upon the following calculations: Costs Consultant Contract Costs: $670,623 (includes costs related to DSEIR No. 339) Planning Department Costs: $456,765 (to be updated with costs related to DSEIR No. 339) Public Works Costs: $41,325 (to be updated with costs related to DSEIR No. 339) $1,168,713 (to be updated with costs related to DSEIR No. 339) New Development Allowed in the Platinum Triangle Non-Residential Uses 14,340,522 square feet office development 4,909,682 square feet commercial development + 1,500,000 square feet institutional 20,750,204 total square feet non-residential development Residential Uses 18,909 residential units x 800 square feet (estimated average unit size) 15,127,200 total square feet of residential development Total Square Feet 20,750,204 total square feet non-residential development + 15,127,200 total square feet of residential development 35,877,404 total square feet of residential and non-residential uses Fees (to be updated with DSEIR Planning and Public Works Costs) $1,168,713 costs = $0.03 per square foot 35,877,404 total square feet Non Residential Uses: $0.03 per square foot Residential Uses: $24.00 per unit ($0.03 x 800 square feet) These fees are intended to recover the costs associated with The Platinum Triangle including costs incurred in the preparation of the following: ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts The Platinum Triangle Documents including The Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay and associated environmental documentation (approved by the City Council in August, 2004); and Subsequent Environmental Impact Report (SEIR) No. 332, which has been prepared to serve as the environmental documentation for activities implementing The Platinum Triangle Master Land Use Plan (certified by the City Council on October 25, 2005). Subsequent Environmental Impact Report (SEIR) No. 334 and an Amendment to The Platinum Triangle Master Land Use Plan to increase the intensity of commercial, residential, office and institutional land uses in The Platinum Triangle (approved by the City Council on The fees are based upon the following calculations: The Platinum Triangle Documents Fee Contract Costs: $146,000 New Development Allowed in The Platinum Triangle 7,044,300 sq. ft. of non-residential uses 9,175 residential units (assume average unit size of 800 sq. ft. = 7,340,000 sq. ft.) 7,044,300 + 7,340,000 14,384,300 total square feet $146,000/14,393,300 = $.01 per square foot 7,340,000 x $.01 = $73,400 $73,400/9175 = $8 per dwelling unit Residential Uses: $8.00 per unit Commercial/Office Uses: $0.01 per square foot SEIR No. 332 Fee* Contract Costs: $164,730.00 Planning Department Costs FY2004 $110,547.83 Planning Department Costs FY2005 $ 24,492.72 $299,770.55 4,246,522 sq. ft. of commercial/office 5,495,200 sq. ft. of residential use (assume average unit size of 800 sq. ft. 6,869 residential units x 800 sq. ft = 5,495,200) 4,246,522 +5,495,200 ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 9,741,722 total square feet (non-residential and residential) $299,770.55/9,741,722 = $.03 per square foot 5,495,200 x $.03 = $164,856 $164,856/6,869 dwelling units = $24.00 per dwelling unit Residential Uses: $24.00 per unit Commercial/Office Uses: $ 0.03 per square foot * Note: The Planning Department Costs represents staff time and materials associated with the preparation of SEIR No. 332 and the square footage listed above reflects the number of allowable PTMU Overlay Zone square feet not entitled at the time SEIR No. 332 was certified. SEIR No. 334 Fee* Contract Costs: $241,293.00 Planning Department Costs $321,724.00 Public Works Department Costs $ 41,325.00 $604,342.00 18,531,215 sq. ft. of non-residential 9,214,400 sq. ft. of residential use (assume average unit size of 800 sq. ft. 11,518 residential units x 800 sq. ft = 9,214,400 sq. ft.) 27,745,615 total square feet (non-residential and residential) $604,342/27,745,615 sq. ft. = $.02 per square foot Residential Uses: $16.00 per unit Non-residential Uses: $ 0.02 per square foot * Note: The Planning and Public Works Department Costs represents staff time and materials associated with the preparation of SEIR No. 334 and the associated amendments to The Platinum Triangle Master Land Use Plan. The square footage listed above reflects the number of allowable PTMU Overlay Zone square feet not entitled at the time SEIR No. 334 was certified. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT “D-3" LIBRARY FACILITIES FEE Residential Uses $486.77 per unit The increase of density in tThe Platinum Triangle to an expected population over 27,000 residents requires the inclusion of a library facility in the Platinum Triangle. The library facilities fee includes the cost of the purchase of a 10,000 square foot commercial condominium shell space with 50 assigned parking spaces as well as FF&E and an opening day collection. The projected project cost for a 10,000 square foot library facility in the Platinum Triangle is $8,004,000. The individual unit library impact fee for the Platinum Triangle is now $486.77 per unit. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT PRELIMINARY TITLE REPORT ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form – Office District RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District i DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND TABLE OF CONTENTS PAGE RECITALS Section 1. DEFINITIONS 1.1 Assessment District 1.2 Authorizing Ordinance 1.3 City 1.4 Development 1.5 Development Agreement 1.6 Development Agreement Date 1.7 Development Agreement Statute 1.8 Development Approvals 1.9 Enabling Ordinance 1.10 Existing Land Use Regulations 1.11 Final Site Plan 1.12 Gross Floor Area/GFA 1.13 Interim Development Fees 1.14 Mortgage 1.15 Mortgagee 1.16 Owner 1.17 Parking Areas 1.18 Permitted Development 1.19 Platinum 1.20 Procedures Resolution 1.21 Project 1.22 Property 1.23 Support Commercial Uses 1.24 Term 1.25 Zoning Section 2. TERM Section 3. BINDING COVENANTS Section 4. EFFECT OF AGREEMENT ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ii Section 5. PROJECT LAND USES Section 6. PERMITTED DELOPMENT 6.1 Description of Permitted Development 6.2 Parking Areas Section 7. DENSITY OF PERMITTED DEVELOPMENT Section 8. ENFORCEMENT Section 9. PUBLIC IMPROVEMENTS AND SERVICES 9.1 Utilities (Water, Electrical, Gas, Sewer, and Drainage) 9.1.1 Water Service 9.1.2 Sanitary Sewer and Storm Drains 9.2 Timing, Phasing and Sequence of Public Improvements and Facilities 9.3 Traffic Circulation Improvements Section 10. REIMBURSEMENT PROVISION Section 11. DEDICATIONS AND EXACTIONS Section 12. FEES, TAXES AND ASSESSMENT 12.1 Fees, Taxes and Assessments 12.2 General Plan and Environmental Processing Fee 12.3 Excluded Development 12.3.1 Water Utilities Fees 12.3.2 Electrical Utilities Fees 12.3.3 City Processing Fees 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District 12.5 Accounting of Funds 12.6. Imposition of Increased Fees, Taxes or Assessments Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES Section 15. TIMING OF DEVELOPMENT Section 16. EXISTING USES Section 17. FUTURE APPROVALS 17.1 Basis for Denying or Conditionally Granting Future Approvals 17.2 Standard of Review 17.3 Future Amendments to Final Site Plan ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District iii Section 18. 18.1 Initiation of Amendment 18.2 Procedure 18.3 Consent 18.4 Amendments 18.5 Effect of Amendment to Development Agreement Section 19. NON-CANCELLATION OF RIGHTS Section 20. BENEFITS TO CITY Section 21. BENEFITS TO OWNER Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE Section 23. RESERVED 23.1 State and Federal Laws and Regulations 23.2 Model Codes 23.3 Public Health and Safety Section 24. CANCELLATION 24.1 Initiation of Cancellation 24.2 Procedure 24.3 Consent of OWNER and CITY Section 25. PERIODIC 25.1 Time for Review 25.2 OWNER's Submission 25.3 25.4 Initiation of Review by City Council Section 26. EVENTS OF DEFAULT 26.1 Defaults by OWNER 26.2 Specific Performance Remedy 26.3 Liquidated Damages Remedy Section 27. MODIFICATION OR TERMINATION 27.1 Notice to OWNER 27.2 Public Hearing 27.3 Decision 27.4 Standard of Review 27.5 Implementation 27.6 Schedule for Compliance ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District iv Section 28. ASSIGNMENT 28.1 Right to Assign 28.2 Release upon Transfer Section 29. NO CONFLICTING ENACTMENTS Section 30. GENERAL 30.1 Force Majeure 30.2 Construction of Development Agreement 30.3 Severability 30.4 Cumulative Remedies 30.5 Hold Harmless Agreement 30.6 Cooperation in the Event of Legal Challenge 30.7 Public Agency Coordination 30.8 Initiative Measures 30.9 Attorneys’ Fees 30.10 No Waiver 30.11 Authority to Execute 30.12 Notice 30.12.1 To OWNER 30.12.2 To CITY 30.13 Captions 30.14 Consent 30.15 Further Actions and Instruments 30.16 Subsequent Amendment to Authorizing Statute 30.17 Governing Law 30.18 Effect on Title 30.19 Mortgagee Protection 30.20 Notice of Default to Mortgagee; Right of Mortgagee to Cure 30.21 Bankruptcy 30.22 Disaffirmance 30.23 No Third Party Beneficiaries 30.24 Project as a Private Undertaking 30.25 Restrictions 30.26 Recitals 30.27 Recordings 30.28 Title Report 30.29 Entire Agreement 30.30 Successors and Assigns 30.31 OWNER’S Title to Property 30.32 Exhibits ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District v LIST OF EXHIBITS Exhibit Legal Description of the Property Exhibit Final Site Plan Exhibit Conditions of Approval Exhibit General Plan and Environmental Processing Fee Exhibit Development Requirements and Maintenance Obligations Exhibit Preliminary Title Report ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 1 DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND This Development Agreement is entered into this day of , 20__, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY") and (referred to herein as "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division l of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute"). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the CITY’s vision for development of the City of Anaheim, and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (“FEIR No. 330"), in conjunction with its consideration and approval of General Plan Amendment No. 2004-00419, amendment of the Zoning Code, and a series of related actions. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 2 D. CITY desires that the approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called the “The “Platinum Triangle") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment. E. In order to carry out the goals and policies of the General Plan for tThe Platinum Triangle, on May 25, 2004, the City Council approved tThe Platinum Triangle Master Land Use Plan, setting forth the new vision for tThe Platinum Triangle. F. To further implement the goals and policies of the General Plan for tThe Platinum Triangle, the City Council has established tThe Platinum Triangle Mixed-Use (PTMU) Overlay Zone (hereinafter the “PTMU Overlay Zone”) consisting of approximately three hundred and eighty-threenine acres within tThe Platinum Triangle as depicted in tThe Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. On October 25, 2005, the Anaheim City Council certified Final Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the updated and modified Mitigation Monitoring Program No. 106A (“FSEIR No. 332”) to provide for the implementation of tThe Platinum Triangle Master Land Use Plan, and in conjunction with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code Amendment No. 2004-00036 and a series of related actions. H. On April 22, the Anaheim City Council adopted General Plan Amendment No. 2007-00454 2008-00471 and approved an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) and certified EIR No. 2006-00334 2008-00339, to increase the maximum number of dwelling units permitted in The Platinum Triangle the PTMU Overlay Zone to 18,363 18,909 dwelling units, increase the maximum number of commercial square footage to 5,657,847 4,909,682, increase the maximum number of office square footage to 16,519,015 14,340,522 and add 1,500,000 square feet of square footage of institutional land uses. I. OWNER represents that it owns in fee approximately acres of real property located at in the City of Anaheim, County of Orange (hereinafter "County"), State of California, (hereinafter collectively called the “Property") in tThe Platinum Triangle and zoned PTMU Overlay and more particularly shown and described on Exhibit attached hereto and made a part hereof by this reference. J. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a all ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 3 as more particularly set forth in the Final Site Plan (hereinafter collectively referred to as the "Project"). K. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. L. Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. M. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring Program No. 106 CB and Mitigation Monitoring Plan No. for the Project, CITY is requiring that OWNER construct and install certain public improvements, including off-site traffic circulation improvements, and provide other public benefits. N. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development Agreement. O. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R-565 (the "Procedures Resolution") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. P. On as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application"). The Application included a proposed development agreement (the "Proposed Development Agreement"). Q. On as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 4 R. On as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. S. On that date, the City Planning Commission, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined and recommended that the City Council find that previously-certified FSEIR No. 3394, together with the Updated and Modified Mitigation Monitoring Program No. 106BC for tThe Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. T. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: is consistent with the CITY's existing General Plan, (ii) is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, (iii) is compatible with the orderly development of property in the surrounding area, and (iv) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC U. On as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. V. On as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. W. On that date, the City Council, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, did find and determined that previously-certified FSEIR No. 334 339, together with the Updated and Modified Mitigation Monitoring Program No. 106BC for tThe Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. X. On the City Council did find and determined that this Development Agreement: is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 5 entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. Y. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services within tThe Platinum Triangle, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. Z. On the City Council adopted the Authorizing Ordinance approving and authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District. "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY. l.2 Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. l.3 CITY. The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. l.4 Development. "Development" means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 6 whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.5 Development Agreement. “Development Agreement” means this Development Agreement and any subsequent amendments to this Development Agreement which have been made in compliance with the provisions of this Development Agreement, the Development Agreement Statute, the Enabling Ordinance, and the Procedures Resolution. 1.6 Development Agreement Date. The "Development Agreement Date" means the later of the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. l.7 Development Agreement Statute. The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.8 Development Approvals. "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use, of every kind and nature, contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans (including Final Site Plans), tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.9 Enabling Ordinance. The "Enabling Ordinance" means Ordinance No. 4377 enacted by the CITY on November 23, 1982. 1.10 Existing Land Use Regulations. “Existing Land Use Regulations” mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, tThe Platinum Triangle Master Land Use Plan, Mitigation Monitoring Program No. 106CB and Mitigation Monitoring Plan Program No. and all other ordinances of the City establishing subdivision standards, park regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Code and such other regulations are not inconsistent with this Development Agreement. Existing Land Use Regulations do not include a non-land use regulation, including taxes. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 7 1.11 Final Site Plan. The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit attached hereto and made a part hereof by this reference. 1.12 Gross Floor Area/GFA. "Gross Floor Area" or "GFA" means the gross floor area of any buildings which are part of the Permitted Development. 1.13 Interim Development Fees. "Interim Development Fees" are the fees imposed within tThe Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of this Agreement. 1.14 Mortgage. "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.15 Mortgagee. "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.16 OWNER. "OWNER" is and any person or entity with which or into which may merge, and any person or entity who may acquire substantially all of the assets of and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with the provisions of Section 27 (Assignment) of this Development Agreement. 1.17 Parking Areas. The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.18 Permitted Development. "Permitted Development" includes all buildings and other development, such as, the Parking Areas as identified in Section 6 of this Development Agreement, and as further set forth in the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for all Permitted Development as set forth in the Final Site Plan. 1.19 Platinum Triangle. "The Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.20 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.21 Project. The "Project" means the development project contemplated by the approved Final Site Plan with respect to the Property, including but not limited to on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement and the Development Approvals. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 8 1.22 Property. The "Property" means that certain real property shown and described on Exhibit to this Development Agreement. 1.23 Support Commercial Uses. "Support Commercial Uses" are commercial\retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses in keeping with the nature of the Project and the required uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in tThe Platinum Triangle. 1.24 Term. "Term" is defined in Section 2 of this Development Agreement. 1.25 Zoning Code. "Zoning Code" refers to Title 18 of the Anaheim Municipal Code. Section 2. TERM. 2.1 The term of this Development Agreement (hereinafter called "Term") shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five years thereafter, terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 25 and Section 27, respectively, of this Development Agreement, and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 15 of this Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, from a court with applicable jurisdiction directing CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project in its entirety pursuant to the terms of this Development Agreement and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 9 Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any necessary site plan, tentative and final subdivision maps, vesting tentative maps and any grading, construction, building and other similar permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES. 5.1 The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The Term, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED DEVELOPMENT. 6.1 Description of Permitted Development. The Permitted Development shall be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas. 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 issuance of the first building permit, the Owner shall record a covenant against the property in a form approved by the City Attorney’s Office that requires Owner and its heirs, assignees and successor-in-interests to reimburse the City for the full cost associated with the use of any Police Department and/or Traffic Management Center staff that may be needed for traffic control purposes related to the use of Parking Areas for public parking in connection with events in the Platinum Triangle, including events at Angel Stadium, the Honda Center, or the Grove of Anaheim. 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 buildings, and shall record a covenant against the property in a form approved by the City Attorney stating that the use of the Parking ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 10 Areas shall be limited in that manner. Said covenant shall also provide that the Parking Areas shall not be used to provide public parking for patrons of Angel Stadium of Anaheim, The Grove of Anaheim or Honda Center without the prior written agreement between the OWNER and CITY relating to such parking. Section 7. DENSITY OF PERMITTED DEVELOPMENT. The Permitted Development shall be between the minimum and maximum sizes, and shall not exceed the maximum heights and maximum footprints set forth on the Final Site Plan. Section 8. ENFORCEMENT. Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 23 of this Development Agreement. Section 9 PUBLIC IMPROVEMENTS AND SERVICES. In addition to performing any other obligations heretofore imposed as conditions of approval set forth in Exhibit as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area-wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s)-of-way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s)-of-way within four months after OWNER begins its efforts to so acquire said right(s)-of-way, CITY shall negotiate the purchase of the necessary right(s)-of-way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this Section, CITY may use its powers of eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 11 condemnation laws CITY is prevented from acquiring the necessary right(s)-of-way to enable OWNER to construct the public improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Utilities (Water, Electrical, Gas, Sewer, and Drainage). OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Development on the Property or that are displaced by the construction of the Permitted Development. As OWNER submits detailed construction plans in order to obtain building permits for a Permitted Development and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.1.1 Water Service. OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. Alternatively, at OWNER’S election, the water system may be constructed incrementally, provided that said incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the terms of Rule l5D for the advancement of additional funds to construct the upgraded water facilities. 9.1.2 Sanitary Sewer and Storm Drains. Prior to final building and zoning inspections for the first building within the Permitted Development, OWNER will construct all sanitary sewers, storm drains, and appurtenant structures (including treatment control BMP’s as required by the WQMP) to serve the ultimate development of the Property as provided by areawide engineering studies to be conducted prior to issuance of any building permits for the first building within the Permitted Development and updated prior to the issuance of any building permits for each subsequent building within the Permitted Development. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems may be constructed incrementally subject to the approval of the City Engineer, provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 9.2 Timing, Phasing and Sequence of Public Improvements and Facilities. The phasing and sequence of the construction of public improvements and facilities or the payment of fees ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 12 therefor shall be constructed or paid in accordance with the timing, phasing and sequence set forth in this Development Agreement and the Final Site Plan. 9.3 Traffic Circulation Improvements. In order to assist CITY in providing for area-wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project including all applicable measures from the Updated and Modified Mitigation Monitoring Program No. 106BC approved in conjunction with FSEIR No. 334339, and Mitigation Monitoring Plan No. and as shown on the Final Site Plan. Section 10. REIMBURSEMENT PROVISION. In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefited properties. All costs associated with establishing said mechanisms shall be paid by OWNER. Section 11. DEDICATIONS AND EXACTIONS. Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for dedication the rights-of-way, including the public connector streets, collector streets and Market Street, if applicable, and other areas as more fully set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER's offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. Section 12. FEES, TAXES, AND ASSESSMENTS. 12.1 Fees, Taxes and Assessments. OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2 General Plan and Environmental Processing Fee. OWNER will pay a processing fee prior to the issuance of the certificate of occupancy for the project attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for tThe Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs are set forth in Exhibit 12.3 Excluded Development Fees. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 13 12.3.1 Water Utilities Fees. OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within tThe Platinum Triangle. 12.3.2 Electrical Utilities Fees. OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 12.3.3 City Processing Fees. OWNER shall pay all standard City-wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District. Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney’s Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds. CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 12.6 Imposition of Increased Fees Taxes or Assessments. Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY, except as otherwise provided in this Development Agreement. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the approval or implementation of the Project. Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions (CC&Rs) applicable to the Property in a form and content satisfactory to the Planning Director, City Engineer and the City Attorney incorporating the requirements and ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 14 obligations set forth in Exhibit to this Agreement, entitled the “Development Requirements and Maintenance Obligations.” Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. OWNER consents to, and waives any right it may have now or in the future to challenge the legal validity of the conditions, requirements, policies or programs required by Existing Land Use Regulations or this Development Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Section 15. TIMING OF DEVELOPMENT. Timing of Development shall be as set forth in the Final Site Plan. Section 16. EXISTING USES. CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. Section 1716. FUTURE APPROVALS. 1716.1 Basis for Denying or Conditional Granting Future Approvals. Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 1716.2 Standard of Review. The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 1716.3 Future Amendments to Final Site Plan. Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 17.4 of this Development Agreement may subject the portion or portions of the Project being amended ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 15 or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to those portions of the Final Site Plan that have not been amended. Section 18l7. AMENDMENT. 1817.1 Initiation of Amendment. Either party may propose an amendment to this Development Agreement. 1817.2 Procedure. Except as set forth in Section 17.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 1817.3 Consent. Except as provided elsewhere within this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 1817.4 Amendments. Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties find that changes or adjustments are necessary or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. 1817.5 Effect of Amendment to Development Agreement. The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section 19 l8. NON-CANCELLATION RIGHTS. Subject to defeasance pursuant to Sections 24, 25 or 26 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 16 Section 20 19. BENEFITS TO CITY. The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are not limited to, the following: a, The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on-site and area-wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to encourage development of tThe Platinum Triangle; and b. The considerations set forth in Sections 9 and 11 of this Development Agreement. Section 21 20. BENEFITS TO OWNER. OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 2221. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this Section. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 17 Section 2322. RESERVED AUTHORITY. 2322.1 State and Federal Laws and Regulations. In the event that the State or Federal laws or regulations enacted after the this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 2322.2 Model Codes. This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 2322.3 Public Health and Safety. This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 22.2 of this Development Agreement which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that those rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 2423. CANCELLATION. 2423.1 Initiation of Cancellation. Either party may propose cancellation of this Development Agreement. 2423.2 Procedure. The procedure for canceling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 2423.3 Consent of OWNER and CITY. Any cancellation of this Development Agreement shall require the mutual consent of OWNER and CITY. Section 2524. PERIODIC REVIEW. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 18 2524.1 Time for Review. CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER's failure to comply with the phasing schedules set forth in the Final Site Plan combined with OWNER’s failure to explain the reason for said non-compliance shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. 2524.2 OWNER's Submission. Each year, not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 2524.3 Findings. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, and then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 26 of this Development Agreement. 2524.4 Initiation of Review by City Council. In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 2625. EVENTS OF DEFAULT. 2625.1 Defaults by OWNER. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 19 whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 26 of this Development Agreement. 2625.2 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Development Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 2625.3 Liquidated Damages Remedy. The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 20 any such breach by OWNER, the sum One Hundred Thousand Dollars ($100,000) as liquidated and actual damages, which sum shall be in addition to any other remedies available to CITY as result of such breach pursuant to this Section 25. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 21 Section 2726. MODIFICATION OR TERMINATION. If pursuant to Section 24 and 25 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. 2726.1 Notice to OWNER. CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY’s findings. 2726.2 Public Hearing. The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty (40) days after the City Council gives notice to OWNER. 2726.3 Decision. The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefor not than ten (10) days following completion of the public hearing. 2726.4 Standard of Review. Any determination by CITY to terminate this Development Agreement because OWNER has not complied in good faith with the terms of this Development Agreement must be based upon a finding by the City Council, based on the preponderance of evidence, that OWNER is in default and has not cured that default in the timeframe permitted by Sections 24 and 25 above, as applicable. 2726.5 Implementation. Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 2726.5 Schedule for Compliance. Setting a reasonable time schedule for compliance with this Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to modification or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 22 Section 2827. ASSIGNMENT. 2827.1 Right to Assign. OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and/or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 2827.2 Release Upon Transfer. It is understood and agreed by the parties that the Property may be subdivided following the Development Agreement Date. One or more of such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER’s obligations set forth in Section 9 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights and interests under this Development Agreement as permitted pursuant to the Section 27.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that OWNER is not then in default under this Development Agreement, OWNER has provided to CITY the notice of such transfer specified in Section 27.1 above, the transferee executes and delivers to CITY a written agreement in which the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non-compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 23 shall be self-executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 29 28. NO CONFLICTING ENACTMENTS. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 22 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. Section 3029. GENERAL. 3029.1 Force Majeure. The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 3029.2 Construction of Development Agreement. The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY’s police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY’s governmental powers over the Property. 3029.3 Severability. If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 24 this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and/or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 3029.4 Cumulative Remedies. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 3029.5 Hold Harmless Agreement. OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents’, or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER’s or the CITY’s contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 3029.6 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and/or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action. OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of any such legal action. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 25 3029.7 Public Agency Coordination. CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Property or the Project. 3029.8 Initiative Measures. Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as law or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 3029.9 Attorneys' Fees. In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys’ fees and costs. 3029.10 No Waiver. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non- performance of the same or other covenants and conditions hereof. 3029.11 Authority to Execute. The person executing this Development Agreement on behalf of OWNER warrants and represents that he/she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that he/she has the authority to bind OWNER to the performance of OWNER's obligations hereunder. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 26 3029.12 Notice. 3029.12.1 To OWNER. Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed; to OWNER as follows: Attention: or such changed address as OWNER shall designate in writing to CITY. 3029.12.2 To CITY. Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney City of Anaheim P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER. Alternatively, notices to CITY may also be personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 27 3029.13 Captions. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 3029.14 Consent. Any consent required by the parties in carrying out the terms of this Development agreement shall not unreasonably be withheld. 3029.15 Further Actions and Instruments. Each of the parties shall cooperate with the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 3029.16 Subsequent Amendment to Authorizing Statute. This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 22.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 3029.17 Governing Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 3029.18 Effect on Title. OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 3029.19 Mortgagee Protection. Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 3029.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 28 OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non- compliance within thirty (30) days after obtaining possession. If any such default or non- compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non-compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 3029.21 Bankruptcy. Notwithstanding the foregoing provisions of Section 29.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 3029.22 Disaffirmance. 29.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 3029.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 3029.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER’s default; and 3029.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 29 3029.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 29.22.1 above, nor to cure any default of OWNER referred to above. 3029.23 No Third Party Beneficiaries. This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 3029.24 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, join venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 3029.25 Restrictions. Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 3029.26 Recitals. The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 3029.27 Recording. The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 3029.28 Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER’s legal and equitable ownership interest in the Property, current within six months, unencumbered except for the exceptions (hereinafter the “Permitted Exceptions”) set in the preliminary title reports for the Property attached hereto as Exhibit (the "Preliminary Title Reports"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER’s legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 30 3029.29 Entire Agreement. This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 3029.30 Successors and Assigns. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. 30.31 OWNER's Title to Property. Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER’s fee title to Property. 30.32 Exhibits. All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. “CITY” “OWNER” CITY OF ANAHEIM, a municipal corporation By: By: Mayor Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 31 ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT LEGAL DESCRIPTION OF THE PROPERTY ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT FINAL SITE PLAN ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT CONDITIONS OF APPROVAL ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Non-residential Uses: $0.03 per sq. ft. These fees are intended to recover the costs associated with the Platinum Triangle including the designation of portions of the Platinum Triangle for mixed use and office development by the General Plan, the Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay, the Platinum Triangle Standardized Development Agreement Form, Zone Reclassifications, all other associated documents and amendments thereto, and all associated environmental documentation. The fees are based upon the following calculations: Costs Consultant Contract Costs: $670,623 (includes costs related to DSEIR No. 339) Planning Department Costs: $456,765 (to be updated with costs related to DSEIR No. 339) Public Works Costs: $41,325 (to be updated with costs related to DSEIR No. 339) $1,168,713 (to be updated with costs related to DSEIR No. 339) New Development Allowed in the Platinum Triangle Non-Residential Uses 14,340,522 square feet office development 4,909,682 square feet commercial development + 1,500,000 square feet institutional 20,750,204 total square feet non-residential development Residential Uses 18,909 residential units x 800 square feet (estimated average unit size) 15,127,200 total square feet of residential development Total Square Feet 20,750,204 total square feet non-residential development + 15,127,200 total square feet of residential development 35,877,404 total square feet of residential and non-residential uses Fees (to be updated with DSEIR Planning and Public Works Costs) $1,168,713 costs = $0.03 per square foot 35,877,404 total square feet Non-residential Uses: $0.06 per sq. ft. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District These fees are intended to recover the costs associated with The Platinum Triangle including costs incurred in the preparation of the following: • The Platinum Triangle Documents including The Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay and associated environmental documentation (approved by the City Council in August, 2004); and • Subsequent Environmental Impact Report (SEIR) No. 332, which has been prepared to serve as the environmental documentation for activities implementing The Platinum Triangle Master Land Use Plan (certified by the City Council on October 25, 2005). • Subsequent Environmental Impact Report (SEIR) No. 334 and an Amendment to The Platinum Triangle Master Land Use Plan to increase the intensity of commercial, residential, office and institutional land uses in The Platinum Triangle (approved by the City Council on The fees are based upon the following calculations: The Platinum Triangle Documents Fee Contract Costs: $146,000 New Development Allowed in The Platinum Triangle 7,044,300 sq. ft. of non-residential uses 9,175 residential units (assume average unit size of 800 sq. ft. = 7,340,000 sq. ft.) 7,044,300 + 7,340,000 14,384,300 total square feet $146,000/14,393,300 = $.01 per square foot 7,340,000 x $.01 = $73,400 $73,400/9175 = $8 per dwelling unit Residential Uses: $8.00 per unit Commercial/Office Uses: $0.01 per square foot SEIR No. 332 Fee* Contract Costs: $164,730.00 Planning Department Costs FY2004 $110,547.83 Planning Department Costs FY2005 $ 24,492.72 $299,770.55 4,246,522 sq. ft. of commercial/office 5,495,200 sq. ft. of residential use (assume average unit size of 800 sq. ft. 6,869 residential units x 800 sq. ft = 5,495,200) ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 4,246,522 +5,495,200 9,741,722 total square feet (non-residential and residential) $299,770.55/9,741,722 = $.03 per square foot 5,495,200 x $.03 = $164,856 $164,856/6,869 dwelling units = $24.00 per dwelling unit Residential Uses: $24.00 per unit Commercial/Office Uses: $ 0.03 per square foot * Note: The Planning Department Costs represents staff time and materials associated with the preparation of SEIR No. 332 and the square footage listed above reflects the number of allowable PTMU Overlay Zone square feet not entitled at the time SEIR No. 332 was certified. SEIR No. 334 Fee* Contract Costs: $241,293.00 Planning Department Costs $321,724.00 Public Works Department Costs $ 41,325.00 $604,342.00 18,531,215 sq. ft. of non-residential 9,214,400 sq. ft. of residential use (assume average unit size of 800 sq. ft. 11,518 residential units x 800 sq. ft = 9,214,400 sq. ft.) 27,745,615 total square feet (non-residential and residential) $604,342/27,745,615 sq. ft. = $.02 per square foot Residential Uses: $16.00 per unit Non-residential Uses: $ 0.02 per square foot * Note: The Planning and Public Works Department Costs represents staff time and materials associated with the preparation of SEIR No. 334 and the associated amendments to The Platinum Triangle Master Land Use Plan. The square footage listed above reflects the number of allowable PTMU Overlay Zone square feet not entitled at the time SEIR No. 334 was certified. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT PRELIMINARY TITLE REPORT ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 C APPENDIX C Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle Mitigation Monitoring Program No. 106 was created for the Environmental Impact Report associated with The Anaheim Stadium Master Land Use Plan (EIR No. 321) and was updated and modified in conjunction with the Environmental Impact Report for the General Plan Update Program (EIR No. 330), adopted on May 25, 2004. Mitigation Monitoring Plan No. 106 has been further updated and modified in conjunction with EIR No. 332 and renamed Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle. A revised mitigation monitoring plan will be prepared in conjunction with DSEIR No. 339. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 D APPENDIX D Standard Detail for Newspaper Racks in the Platinum Triangle There are no proposed changes. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 E APPENDIX E The Platinum Triangle Median and Parkway Planting Matrix ---PAGE BREAK--- Page 1 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Katella Avenue 5 Fwy Manchester Avenue to East of State College Blvd. (Stadium Entrance) (Figure 2219) Date Palm - Phoenix Dactylifera "Medjool" (UL) Bouganvillea (San Diego Red) attached to trunk of Palm and Bird of Paradise at trunk of Palm in combination with aAlternate mass plantings of Agapantha shrub and Star Jasmine ‘asiaticum’ ground cover (not mixed) 30’ 18” 18” 9” 30’ BTH 5 gallon 5 gallon 5 gallon * Date Palm - Phoenix Dactylifera "Medjool" (UL) Agapantha shrub 24” ht. max Bird of Paradise at trunk of Palm 30’ 18” 30’ BTH 5 gallon 5 gallon Katella Avenue East of State College Blvd. (Stadium Entrance) to Orange Freeway (Figure 230) And Orange Freeway to east City Limits (Figure 241) Date Palm - Phoenix Dactylifera "Medjool" (UL) Bouganvillea (San Diego Red) attached to trunk of Palm and Bird of Paradise at trunk of Palm in combination with a Alternate mass plantings of Agapantha shrub and Star Jasmine ‘asiaticum’ ground cover (not mixed) 30’ 18” 18” 9” 30’ BTH 5 gallon 5 gallon 5 gallon * Mexican Fan Palm (UL) Agapantha shrub 24” ht. max 25’ 18” 20’ BTH 5 gallon ---PAGE BREAK--- Page 2 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size State College Blvd. Ssouth Ccity Llimits to Gene Autry Way (Figure 252) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree and Bird of Paradise at trunk of Palm; Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 24” box 5 gallon * State College Blvd. Gene Autry Way to Katella Avenue (Figure 263) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Bouganvillea (San Diego Red) attached to trunk of Palm and Bird of Paradise at trunk of Palm; Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 24” box 5 gallon 5 gallon * State College Blvd. Katella Avenue to 500' North of Howell Avenue (Figure 274) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 15 gallon * ---PAGE BREAK--- Page 3 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size State College Blvd. 500' North of Howell Avenue to Cerritos Avenue (Figure 2528) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 24” box * Gene Autry Way to Santa Cruz Street Betmor Lane to State College Blvd. (Figure 296) Single Row of Evergreen Pear Star Jasmine ground cover 20’ 18” 15 gallon 5 gallon Crape Bird of Paradise, except at driveway entrances use Orange Daylilies Lily 20’ 18” 15 gallon 5 gallon Orangewood Avenue Santa Ana5 Freeway to State College Blvd. (Figure 3027) Magnolia Tipu Trees Halls Honeysuckle ground cover 20’ 9” 15 gallon * Alternating Mexican Fan Palm and Magnolia Tree ‘Samuel Sommer’ Daylilies Lilys (Orange/Yellow) around base of tree Halls Honeysuckle (orange/white) ground cover 20’ 9” 20’ BTH 36” box 5 gallon * ---PAGE BREAK--- Page 4 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Orangewood Avenue to 800' e/o State College Blvd. to Dupont Drive (Figure 3128) Magnolia Tipu Trees Daylilies Lilys (Orange) around base of tree Halls Honeysuckle (orange/white) ground cover 20’ 9” 15 gallon 5 gallon * Alternating Mexican Fan Palm and Magnolia Tipu Trees Bouganvillea (Orange) attached to the trunk of the Palm; Birds of Paradise around base of trees Halls Honeysuckle(orange/white) ground cover 20’ 9” 20’ BTH 15 gallon 5 gallon 5 gallon * Orangewood Avenue to 800' e/o State College Blvd.Dupont Drive to East City LimitsCaltrans R-O-W (Figure 3228A) Magnolia Tipu Trees Daylilies Lilys (Orange) around base of tree Halls Honeysuckle (orange/white)ground cover 20’ 9” 15 gallon 5 gallon * Alternating Mexican Fan Palm and Magnolia Tipu Trees Birds of Paradise around base of trees Halls Honeysuckle (orange/white) ground cover 20’ 9” 20’ BTH 15 gallon 5 gallon * Douglass Road North of Katella Avenue (Figure 3329) To be Determined Mexican Fan Palm Bouganvillea Yellow Trumpet attached to trunk of Palm Daylilies Lilys (yellow and orange) at base of Palm 24” max ht. 25’ 18” 20’ BTH 5 gallon 5 gallon ---PAGE BREAK--- Page 5 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Anaheim Way (Figure 340) Not Applicable Mexican Fan Palm Bougainvillea Flowering vines attached to trunk of Palm ; Birds of Paradise shrub - 24” max. ht. 25’ 18” 20’ BTH 5 gallon 5 gallon Lewis Street Gene Autry Way to Katella Avenue (Figure 351) Single Row of Gold Medallion (TL) Halls Honeysuckle ground cover 20’ 9” 24” box * Mexican Fan Palm Yellow Trumpet vines attached to trunk of Palm; India Hawthorne shrub - 24” max ht. 25’ 18” 20’ BTH 5 gallon 5 gallon Lewis Street Katella Avenue to Cerritos Avenue (Figure 362) Single Row of Gold Medallion Halls Honeysuckle ground cover 20’ 9” 24” box * Mexican Fan Palm Yellow Trumpet vines attached to trunk of Palm; India Hawthorne shrub - 24” max ht. 25’ 18” 20’ BTH 5 gallon 5 gallon Amtrak/Metrolink Line (Figure 373) Not Applicable Not Applicable Secondary Streets (Howell Avenue, Sunkist Street, Cerritos Avenue) (Figure 384) Not Applicable Brisbane Box India Hawthorne shrub 24" max. ht. or ground cover 20’ 18” 24” box 5 gallon ---PAGE BREAK--- Page 6 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Market Street (Figure 395) Not Applicable Ginkgo Biloba Entry off of Katella Avenue: Date Palm 20’ 24”box Connector Streets (Figure 4036) Not Applicable Southern Magnolia, Bradford Pear, Fern Pine or Live Oak, Tree in tree wells or in parkways with turf or ground cover dependent on whether adjacent on-street parking is provided Daylilies Lily, Camellia, India Hawthorn shrub 24” max. ht. Honeysuckle or Star Jasmine ‘asiaticum’ ground cover - 18” 9” 36” box * West Dupont Drive to Rampart Street (Figure 37) Brisbane Box India Hawthorne shrub 24" max. ht. or ground cover 20’ 18” 24” box 5 gallon Collector Streets (Figure 41) Not Applicable Brisbane Box India Hawthorne shrub 24" max. ht. or ground cover 20’ 18” 24” box 5 gallon ---PAGE BREAK--- Page 7 of 7 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Bus Stops Landscape Requirements Public Works Standard Detail No. 119 Not Applicable Gold Medallion Tree planted on both sides of the bus stop 24” box 24” box UL = Uplighting of tree required * Plants contained in flats ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 F APPENDIX F A-Town Metro Public Realm Landscape and Identity Program There are no proposed changes. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 G APPENDIX G PTMU Overlay Zone District Sub-Area Development Intensity Maps ---PAGE BREAK--- DOUGLASS RD. SANTA ANA RIVER ORANG E FRE EWA Y (SR -57) HARRIS CT. KATELLA AVE 425 DU 100,000 S.F. Office 100,000 S.F. Commercial Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E 2439-31 CITY OF ANAHEIM Planning GIS October 16, 2008 Arena District 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District The Platinum Triangle Anaheim City Boundary Arena - 41 acres ---PAGE BREAK--- DOUGLASS RD. SANTA ANA RIVER ORANG E FRE EWAY (SR-5 7) SINCLAIR ST. 520 D.U. 1,500,000 S.F. Institutional 2,202,803 S.F. Office 358,000 S.F. Commercial 2439-13 ARTIC District C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS November 7, 2008 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District ARTIC - 17 acres Anaheim City Boundary The Platinum Triangle ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. ORANGEWOOD AVE. CHRIS LN. BETMOR LN. SANTA CRUZ ST. STANFORD CT. DUPONT DR. TOWNE CE 250 DU 690 DU 341 DU 24,000 S.F. Office 12,000 S.F. Commercial 438 DU 538,250 S.F. Office 52,000 S.F. Commercial 352 DU 878 DU Sub-Area A Sub-Area C Sub-Area B C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE 2439-11 CITY OF ANAHEIM Planning GIS October 21, 2008 Gateway District 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District Gateway - 53 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. ORANGEWOOD AVE. KATELLA AVE. SANTA CRUZ ST. STANFORD CT. TALBOT WAY 1,208 DU 219,000 S.F. Office 118,000 S.F. Commercial 491 DU 103,800 S.F. Commercial 663 DU 119,200 S.F. Office 82,900 S.F. Commercial 5 Sub-Area A Sub-Area C Sub-Area B Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E 2439-10 Gene Autry District 0 250 500 125 Feeto CITY OF ANAHEIM Planning GIS October 17, 2008 Key to Features Mixed Use Overlay Zone District Gene Autry - 33 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY LEWIS ST. SANTA ANA FREEWAY (I-5) MANCHESTER AVE. KATELLA AVE. W CLAUDINA WAY HOWELL AVE. CHRIS LN. BETMOR LN. SANTA CRUZ ST. SANTA CRUZ ST. STANFORD CT. TALBOT WA 254,759 S.F. Office 320 D.U. 209,419 S.F. Office 114,571 S.F. Commercial 350 D.U. 60,000 S.F. Commercial 364 D.U. 91,000 S.F. Office 45,500 S.F. Commercial 399,881 S.F. Office 260,120 S.F. Office 2439-9 Katella District Sub-Area A Map C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS October 21, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area A - 32 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. LEWIS ST. SANTA ANA FREEWAY (I-5) KATELLA AVE. HOWELL AVE. CHRIS LN. SANTA CRUZ ST. SANTA CRUZ ST. STANFORD CT. 859 DU 2,190 DU 126,000 S.F. Commercial 336 DU 1,298 S.F. Commercial 382 DU 102,400 S.F. Office 51,200 S.F. Commercial 390 DU 10,659 S.F. Commercial 17,800 S.F. Office 8,900 S.F. Commercial 2439-9 Katella District Sub-Area B Map C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS October 20, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area B - 69 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- STATE COLLEGE BLVD. HOWELL AVE. SUNKIST ST. ORANG E FRE EWAY (SR-57 ) BABBITT AVE. PAGE CT. SINCLAIR ST. STADIUM VIEW AVE. 105,000 S.F. Office 202,467 S.F. Commercial 265 DU 643,482 S.F. Office 25,526 S.F. Commercial 14,185 S.F. Commercial 17,708 S.F. Commercial 251 DU 12,600 S.F. Commercial 2439-9 Katella District Sub-Area C Map Ci t y o f A n a h e i m , CA THE PL ATI NU M TR IAN GLE CITY OF ANAHEIM Planning GIS October 20, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area C - 33 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- DOUGLASS RD. SANTA ANA RIVER ORANG E FRE EWAY (SR-5 7) SINCLAIR ST. 47,197 S.F. Office 142,000 S.F. Commercial 2439-9 Katella District Sub-Area D Map Ci t y o f A n a h e i m , CA THE PL ATI NU M TR IAN GLE CITY OF ANAHEIM Planning GIS October 20, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area D - 8 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. HOWELL AVE. SUNKIST ST. DOUGLASS RD. SANTA ANA RIVER WRIGHT CIR. ORANG E FRE E W AY (SR -57) BABBITT AVE. PAGE CT. TALBOT WAY SINCLAIR ST. STADIUM VIEW AVE. HARRIS CT. 879,613 S.F. Office 383,250 S.F. Office 58,700 S.F. Office 267,458 S.F. Office 2439-19 Office District East of State College Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E CITY OF ANAHEIM Planning GIS October 17, 2008 0 500 1,000 250 Feeto Key to Features Office District Office - Low - 30.3 acres Office - High - 22.1 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- 5 GENE AUTRY WAY STATE COLLEGE BLVD. ORA CERRITOS AVE. BLVD. HOWELL HASTER ST. LEWIS ST. SANTA ANA FREEWAY (I-5) KATELLA AVE. WRIGHT CIR. CLAUDINA WAY HOWELL AVE. BABBITT AVE. PA SANTA CRUZ ST. STANFORD CT. TALBOT WAY 669,082 S.F. Office 716,127 S.F. Office 845,935 S.F. Office 64,904 S.F. Office 356,321 S.F. Office 236,966 S.F. Office 2439-19 Office District West of State College Ci t y o f A n a h e i m , CA THE PL ATI NU M TR IAN GLE CITY OF ANAHEIM Planning GIS October 17, 2008 0 500 1,000 250 Feeto Key to Features Office District Office - Low - 43.6 acres Office - High - 33.3 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- STATE COLLEGE BLVD. ORANGEWOOD AVE. DUPONT DR. TOWNE CENTRE PL. RAMPART ST. 1,450 DU 812,855 S.F. Office 120,000 S.F. Commercial 321 DU 590,000 S.F. Office 10,000 S.F. Commercial 2439-12 Orangewood District C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS October 17, 2008 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District Orangewood - 35 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. ORANGEWOOD AVE. SANT WRIGHT CIR. ORANGE F REE WAY (S R-57) DUPONT DR. TOWNE CENTRE PL. RAMPART ST. TALBOT WAY 5,175 DU 3,125,000 S.F. Office 3,120,368 S.F. Commercial KAT ELL A AV ENU E Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E 2439-30 CITY OF ANAHEIM Planning GIS October 17, 2008 Stadium District 0 500 1,000 250 Feeto Key to Features Mixed Use Overlay Zone District Stadium - 153 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- Appendices SEIR No. 339 City of Anaheim Appendix I.2 Clean Copy ---PAGE BREAK--- Appendices The Planning Center August 2010 This page intentionally left blank. ---PAGE BREAK--- DSEIR No. 339 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 2 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 3 TABLE OF CONTENTS 1.0 INTRODUCTION 7 1.1 Amendments 10 1.2 General Plan Framework 11 1.2.1 Land Use Designations 12 1.3 Environmental Requirements 13 1.4 Existing Opportunities 13 2.0 THE PLATINUM TRIANGLE VISION 14 2.1 Planning Principles 14 2.1.1 Balance and Integrate Uses 14 2.1.2 Stimulate Market-Driven Development 14 2.1.3 Create a Unique, Integrated, Walkable Urban Environment 14 2.1.4 Develop an Overall Urban Design Framework 14 2.1.5 Reinforce Transit Oriented Development Opportunities 15 2.1.6 Maintain and Enhance Connectivity 15 2.1.7 Create Great Neighborhoods 15 2.1.8 Provide for Installation and Maintenance of Public Improvements 15 2.2 Urban Design Elements and Attributes 16 2.2.1 Build on a Connected Street Network with Appropriate Block Size 16 2.2.2 Provide Variation in Housing Type 16 2.2.3 Provide Parks and Recreational-Leisure Areas 18 2.2.4 Create a Street/Ground Floor Zone that is Attractive, Safe and Engaging 18 2.2.5 Provide a Centerpiece Walking and Shopping District – The Market Street 19 3.0 MIXED USE DISTRICT OVERVIEW 22 3.1 Development Intensities 22 3.2 Stadium District 24 3.3 Arena District 25 3.4 Katella District 26 3.5 Gene Autry District 27 3.6 Gateway District 28 3.7 Orangewood District 29 3.8 ARTIC District 30 3.9 Office District 31 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 4 4.0 PUBLIC REALM LANDSCAPE AND IDENTITY PROGRAM 32 4.1 Streetscape Elements 32 4.1.1 Gateways 32 4.1.2 Public Art 32 4.1.3 Light Standards 33 4.1.4 Street Furniture 35 4.1.5 Signs 35 4.2 Landscape Concept Plan and Cross Sections 36 4.2.1 Katella Avenue 39 4.2.2 State College Boulevard 43 4.2.3 Gene Autry Way 48 4.2.4 Orangewood Avenue 50 4.2.5 Douglass Road (North of Katella Avenue) 54 4.2.6 Anaheim Way 56 4.2.7 Lewis Street 58 4.2.8 Railroad Right-of-Way 61 4.2.9 Secondary Streets 63 4.2.10 Market Street 65 4.2.11 Connector and Collector Streets 67 4.2.12 Intersections with Supplemental Lanes 70 APPENDICES The Platinum Triangle Mixed Use (PTMU) Overlay Zone Appendix A The Platinum Triangle Standardized Development Agreement Appendix B Mixed Use Districts Appendix B1 Office District Appendix B2 Updated and Modified Mitigation Monitoring Program No. 106C Appendix C Standard Detail for Newspaper Racks Appendix D The Platinum Triangle Median and Parkway Planting Matrix Appendix E A-Town Metro Public Realm Landscape and Identity Program Appendix F PTMU Overlay Zone District Sub-Area Development Intensities Appendix G ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 5 LIST OF TABLES Table 1: General Plan Development Intensities 10 Table 2: Building Types 16 Table 3: PTMU Overlay Zone Development Intensities 22 LIST OF FIGURES Figure 1: Location Map 7 Figure 2: Aerial Photo 8 Figure 3: General Plan Designations 12 Figure 4: The Platinum Triangle Urban Design Plan 21 Figure 5: Mixed-Use and Office Districts 23 Figure 6: Stadium District Underlying Zoning and Location Map 24 Figure 7: Arena District Underlying Zoning and Location Map 25 Figure 8: Katella District Underlying Zoning and Location Map 26 Figure 9: Gene Autry District Underlying Zoning and Location Map 27 Figure 10: Gateway District Underlying Zoning and Location Map 28 Figure 11: Orangewood District Underlying Zoning and Location Map 29 Figure 12: ARTIC District Underlying Zoning and Location Map 30 Figure 13: Office District Underlying Zoning and Location Map 31 Figure 14: City of Anaheim Street Light Special Design No. 744 Anaheim Recreational Area 33 Figure 15: Connector and Collector Street Light Standard 33 Figure 16: Market Street Light Standard 34 Figure 17: Market Street Pedestrian Light Standard 34 Figure 18: Citywide Standard Bus Bench 35 Figure 19: Street Identification Sign 35 Figure 20: Landscape Concept Plan 37 Figure 21: Cross Section Map 38 Figure 22: Katella Avenue: Santa Ana Freeway to East of State College Boulevard (Stadium Entrance) 40 Figure 23: Katella Avenue: Highway of National Significance, East of State College Boulevard (Stadium Entrance) to Orange Freeway 41 Figure 24: Katella Avenue: Orange Freeway to East City Limits 42 Figure 25: State College Boulevard: South City Limits to Gene Autry Way 44 Figure 26: State College Boulevard: Gene Autry Way to Katella Avenue 45 Figure 27: State College Boulevard: Katella Avenue to 500’ North of Howell Avenue 46 Figure 28: State College Boulevard: 500’ North of Howell Avenue to Cerritos Avenue 47 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 6 Figure 29: Gene Autry Way: Santa Cruz Street to State College Boulevard 49 Figure 30: Orangewood Avenue: Santa Ana Freeway to State College Boulevard 51 Figure 31: Orangewood Avenue: State College Boulevard to Dupont Drive 52 Figure 32: Orangewood Avenue: Dupont Drive to East City Limits 53 Figure 33: Douglass Road: North of Katella Avenue 55 Figure 34: Anaheim Way 57 Figure 35: Lewis Street: Gene Autry Way to Katella Avenue 59 Figure 36: Lewis Street: Katella Avenue to Cerritos Avenue 60 Figure 37: Railroad Right-of-Way 62 Figure 38: Secondary Streets (Howell Avenue, Sunkist Street, and Rampart Street) 64 Figure 39: Conceptual Market Street 66 Figure 40: Conceptual Connector Street 68 Figure 41: Collector 69 ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 7 1.0 INTRODUCTION The Platinum Triangle Master Land Use Plan envisions an exciting future for the area surrounding Angel Stadium of Anaheim, The Grove of Anaheim and the Honda Center. Amidst millions of square feet of new development opportunities for office, restaurant and residential projects, is an established destination featuring high- rise lofts, two championship sports teams, an exciting array of dining and entertainment, plus immediate access to the rest of Southern California from three freeways and a major transit center. This plan is intended to enhance this dynamic mix of uses and provide cohesion through innovative design standards and a carefully planned network of pedestrian walkways, streetscape improvements and recreation spaces – designed to create an urban environment of a scale never before seen in Orange County. The 820-acre Platinum Triangle will blend leading- edge businesses and employment, world champion entertainment and exciting residential neighborhoods, creating a unique opportunity in the heart of Orange County. Figure 1: Location Map ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 8 Figure 2: Aerial Photo ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 9 On May 25, 2004, the Anaheim City Council approved a comprehensive citywide General Plan Update which included new land use designations intended to implement the vision for the Platinum Triangle. The General Plan Update changed the General Plan designations within the area from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed-Use, Office High, Office Low, Industrial, Open Space and Institutional (see Figure 3) to provide opportunities for existing uses to transition to mixed- use, residential, office and commercial uses. The General Plan Update also established the maximum development intensity for the Platinum Triangle to be 9,500 dwelling units, 5,000,000 square feet of office space, and 2,254,400 square feet of commercial uses, industrial development at a maximum floor area ratio of 0.50 and institutional development at a maximum floor area ratio of 3.0. The Platinum Triangle Master Land Use Plan also serves as the blueprint for public improvements within the Platinum Triangle, including conceptual park locations, a proposed street network and streetscape design. Private development is regulated through the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as “PTMU Overlay Zone”) and the Platinum Triangle Standardized Development Agreement (see Appendices A and The Platinum Triangle Master Land Use Plan replaces and supersedes the Anaheim Stadium Area Master Land Use Plan. This previous planning study, approved in March 1999, provided a plan for office, sports, entertainment and retail uses around a sports entertainment destination known as Sportstown. The PTMU Overlay Zone applies to properties within the Platinum Triangle designated by the General Plan for Mixed-Use and Office uses. In addition to utilizing the PTMU Overlay Zone, these properties may also continue to develop using their underlying zones, which include I (Industrial), O-L (Low Intensity Office), O-H (High Intensity Office), PR (Public Recreational), T (Transition), SP (Semi-Public) and C- G (General Commercial). The underlying zones for properties within the area designated for Mixed-Use and Office uses by the General Plan are shown on Figures 6-13. Properties within the Platinum Triangle that are not designated for Mixed-Use and Office uses by the General Plan are designated for Open Space, Industrial and Institutional uses. The respective implementing zones are OS (Open Space), I (Industrial) and SP (Semi-Public). ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 10 1.1 Previous Amendments On October 25, 2005, the Anaheim City Council approved General Plan Amendment No. 2004-00420, which added an additional 325 dwelling units and 210,100 square feet of commercial development to the maximum development intensity permitted for mixed use development within the Platinum Triangle. On June 5, 2007, the Anaheim City Council approved General Plan Amendment No, 2006-00449, which added an additional 67 dwelling units to the maximum development intensity permitted for mixed use development within the Platinum Triangle. On August 21, 2007, the Anaheim City Council approved General Plan Amendment Nos. 2006-00446 and 2006-00455. General Plan Amendment No. 2006- 00446 added an additional 699 dwelling units to the maximum development intensity permitted for mixed use development within the Platinum Triangle. General Plan Amendment No. 2006-00455, added an additional 50,550 square feet of office uses and 10,000 square feet of commercial uses to the maximum development intensity permitted for properties within the Platinum Triangle designated by the General Plan for office development. On the Anaheim City Council approved General Plan Amendment No. 2008-00471, which increased the development intensity for properties designated by the General Plan for mixed use and office development to a maximum of 18,909 dwelling units; 4,909,682 commercial square feet; 14,340,522 office square feet; and 1,500,000 institutional square feet. Table 1: General Plan Development Intensities Land Use Designation Maximum Amount of Development Permitted Mixed-Use  Residential 18,909 Dwelling Units  Commercial 4,909,682 Square Feet  Office 9,862,166 Square Feet  Institutional 1,500,000 Square Feet Office-High and Office-Low 4,478,356 Square Feet* Institutional 3.0 Floor Area Ratio (FAR) Industrial 0.5 FAR Open Space 0.1 FAR * The maximum FAR for properties designated Office-Low is 0.5; the maximum FAR for properties designated Office-High is 2.0. ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 11 1.2 General Plan Framework The General Plan provides the overall vision for the Platinum Triangle. Goal 15.1 of the General Plan’s Land Use Element envisions the Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades. This goal is implemented through the following policies:  Continue more detailed planning efforts to guide the future development of the Platinum Triangle.  Encourage a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim.  Encourage mixed-use projects integrating retail, office and higher density residential land uses.  Maximize and capitalize upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways.  Maximize views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River. The Community Design Element provides further policies related to development within the Platinum Triangle:  Develop comprehensive, Mixed-Use Overlay Zone and Design Guidelines to implement the vision for the Platinum Triangle.  Provide a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access.  Develop a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into the Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping.  Develop a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping.  Encourage extensive office development along the highly visible periphery of the area to provide a quality employment center.  Develop criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops.  Identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees. 1.2.1 Land Use Designations The General Plan provides several land use designations for the Platinum Triangle (see Figure Below is a description of these uses. Mixed-Use Located in the heart of the Platinum Triangle, the area designated for Mixed-Use allows office, retail and residential uses to occur in close proximity or within the same building. An eclectic mix of land uses, building types and walkable streets will provide an exciting new live/work environment. The maximum density for the Platinum Triangle Mixed-Use designation is 18,909 dwelling units, 9,862,166 square feet of office uses, 4,909,682 square feet of commercial uses and 1,500,000 square feet of institutional uses. The designation will be implemented through the Mixed Use Districts in the PTMU Overlay Zone area which provides for quality neighborhoods and building design through carefully created zoning regulations. The PTMU Overlay Zone also allows existing underlying zoning to remain in place. Property owners may continue operating under the existing zoning designation or, if they choose, they may take advantage of the opportunities to develop under the requirements of the PTMU Overlay Zone. ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 12 Office High and Office Low Located along the freeways and periphery of the Platinum Triangle, the high and low density office areas will be implemented through the Office District designation of the PTMU Overlay Zone and will provide new workplace opportunities with easy access to a variety of housing, retail, entertainment and sports facilities within the Mixed-Use areas. The maximum amount of allowable office square footage in these office high and low designations is 4,478,356 square feet. Industrial At the northern periphery of the Platinum Triangle there are industrial uses, which will continue to provide important employment opportunities within the area. Industrial uses may have a Floor Area Ratio (FAR) ranging from 0.35 to 0.50. The implementing zone for these uses is the I (Industrial) Zone. Open Space The Open Space designation includes those areas intended to remain as open space including utility easements that are anticipated to be developed as recreational trails in the future. The implementing zone is the OS (Open Space) Zone. Institutional The Institutional designation covers a wide variety of public and quasi-public land uses and is applied to existing public facilities. Institutional uses may have a FAR of 3.0. The implementing zone is the SP (Semi- Public) Zone. ---PAGE BREAK--- The Platinum Triangle Master Land Use Plan DSEIR No. 339 13 1.3 Environmental Requirements An Environmental Impact Report (EIR) for the 2004 General Plan Update (EIR No. 330), which included an analysis of the maximum development intensity for the Platinum Triangle, was prepared in compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. EIR No. 330 identified impacts associated with the General Plan Update Program, including the planned land uses for the Platinum Triangle and recommended mitigation measures to lessen these impacts. Since EIR No. 330 was a general plan level environmental impact analysis, a Subsequent EIR (SEIR) was prepared for the Platinum Triangle (SEIR No. 332) to further analyze environmental impacts related to the implementation of the Platinum Triangle Master Land Use Plan and other associated actions. SEIR No. 332 was certified in October 2005 and modified and updated the mitigation measures from EIR No. 330 SEIR No. 339 was certified in and was prepared to analyze the environmental impacts associated with amendments to the Platinum Triangle Master Land Use Plan and other associated actions to expand the PTMU Overlay Zone boundaries, increase residential, office, commercial and institutional intensities and create the ARTIC and Office Districts. This SEIR modified and updated the mitigation measures from SEIR No. 332. These mitigation measures (Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle) are included as Appendix C to the Master Land Use Plan. 1.4 Existing Opportunities A number of factors have created the impetus for the Platinum Triangle to transition from a low density industrial area to an urban, mixed use center including a lack of available land in the region for this type of large-scale, high-density development in a prime infill location at the confluence of three freeways. Two other factors provide an unusual dimension to the ultimate character of the district. First is the opportunity for entertainment related development associated with Angel Stadium of Anaheim, the Honda Center and The Grove of Anaheim. Second is existing and future transit opportunities associated with the Anaheim Regional Transportation Intermodal Center (ARTIC). ARTIC is proposed to provide enhanced access to existing bus, Amtrak and Metrolink services as well as a link to both the proposed California High Speed Rail system and the California/Nevada maglev rail line. ARTIC is proposed to be developed on the northern portion of the Stadium District, which currently is developed with the existing Amtrak/Metrolink station and parking lot, and property adjacent to Douglass Road, south of Katella Avenue, within the ARTIC District. While this station is still in the planning stages, it could provide the engine for a major high density Transit Oriented Development that could be a model for Smart Growth. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 14 2.0 THE PLATINUM TRIANGLE VISION The Platinum Triangle Master Land Use Plan envisions an exciting future for the area surrounding Angel Stadium of Anaheim, the Honda Center and The Grove of Anaheim. 2.1 Planning Principles In order to further implement the General Plan polices and establish a framework for the implementation of the Platinum Triangle Vision, certain planning principles have been established. 2.1.1 Balance and Integrate Uses In order to maximize long-term property value, the Platinum Triangle will not only provide new, balanced development opportunities for office, residential and sports/entertainment and allow existing industrial uses to continue, but link the various uses together with walkable streets, open space and consistent landscape. Regardless of market for any one use at a given time, the opportunity and value for all uses will be enhanced by a supportive, integrated and multi-use district approach. 2.1.2 Stimulate Market-Driven Development The Master Land Use Plan is intended to encourage and facilitate and encourage new development within the Platinum Triangle. The PTMU Overlay Zone is designed to guide, not inhibit, current market forces. Development that will lead to strong economic return is encouraged. The growth of housing in the Platinum Triangle will also stimulate high quality office development since few locations within the region allow for office development adjacent to housing and local services. 2.1.3 Create a Unique, Integrated, Walkable Urban Environment To achieve the potential of the Platinum Triangle in terms of quality of life and land value, a vibrant, walkable urban environment is required. Comfortable walking environments linking jobs, attractive housing, open space and local services, while reducing the need to drive, are attributes that require guidance and facilitation. It will be essential that each new project make a contribution toward this new urban quality and character. 2.1.4 Develop an Overall Urban Design Framework Ground floor retail, urban parks and street landscape treatments will be more cohesive if combined into a larger planning vision. These elements, along with new street locations, density concentrations and pedestrian linkages are part of the Platinum Triangle Urban Design Plan (see Figure It is also important to link employment and housing so that each supports and facilitates the other. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 15 2.1.5 Reinforce Transit Oriented Development Opportunities The Master Land Use Plan and PTMU Overlay Zone provide opportunities for Transit Oriented Development in close proximity to existing and future rail and bus transportation facilities. Entertainment, retail, high density housing and office are envisioned as potential uses for this emerging new regional activity and mixed use center, situated near the existing Amtrak/Metrolink and the proposed ARTIC stations, The Grove of Anaheim, Angel Stadium of Anaheim and the Honda Center. A loop road connecting Gene Autry Way with Douglass Road could also be provided to facilitate linkages in this area. 2.1.6 Maintain and Enhance Connectivity The linkage between The Anaheim Resort and the Platinum Triangle will be enhanced, connecting key activity centers including Angel Stadium of Anaheim, The Grove of Anaheim, the Honda Center, the Anaheim Convention Center and The Disneyland Resort. On a more local level, emerging neighborhoods will be connected by a newly expanded functional and convenient street network and pedestrian walkways. The system will allow high capacity event-based networks to work in conjunction with an everyday, pedestrian-friendly local circulation system. 2.1.7 Create Great Neighborhoods A major goal of the Master Land Use Plan is to create long lasting neighborhoods that maintain their value and socio-economic vitality. Therefore, the plan provides a fundamentally strong and appropriately scaled framework of blocks, streets, and open space. In addition, service providers will be encouraged to locate their facilities within the Platinum Triangle, based on resident need and site availability. These services may include library facilities, schools, day care centers and locations for community and/or religious assembly. Only by providing these essentials can a really rich, sustainable urbanity be achieved. 2.1.8 Provide for Installation and Maintenance of Public Improvements Financial Mechanisms (such as the approved Community Facilities District and a potential Assessment District) will be established to provide for an equitable contribution towards installation and long term maintenance of infrastructure, street trees, sidewalks, and parks. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 16 2.2 Urban Design Elements and Attributes The Platinum Triangle Urban Design Plan (Figure 4) identifies key physical elements and attributes which are summarized in this section and, where noted, have been incorporated into zoning code standards. These elements and attributes are intended to ensure the development of high quality, sustainable neighborhoods and mixes of uses which will achieve and maintain the highest economic value over the long-term. Sustainability, when applied to neighborhood and district development, means that as economic and market values shift over the coming decades, the inherent visual quality, level of maintenance, and economic value of the building stock and public spaces are maintained or increased along with the region. 2.2.1 Build on a Connected Street Network with Appropriate Block Size The street pattern within the Platinum Triangle will create a connected local street network. The addition of several carefully located street segments will assist in achieving better traffic distribution, alternative trip routing and smaller sized blocks. This system can provide access to the interior of the existing large industrial parcels so that a mix of moderately scaled residential and office blocks can be developed. This network also provides improved emergency access, refuse pick-up, access to parking areas and a more pedestrian friendly access system to local services, workplaces and transit. This street pattern will encourage a greater diversity in housing type by reducing the size of projects and making it easier to mix housing types within a single large ownership. The smaller blocks create a more walkable pedestrian network by providing a variety of alternate routes to multiple destinations. The location of these connector streets is shown on Figure 4. Dedication and improvement of these streets is required pursuant to the Platinum Triangle Standardized Development Agreement (see Appendices B1 and B2) which is entered into between the property owner and the City of Anaheim for properties that choose to develop utilizing the PTMU Overlay Zone. When a street width is located on more than one property, the first development is required to provide all improvements adjacent to their project sidewalks, parkways, landscaping, bike lanes, and parking as indicated in the Public Realm Landscape and Identity Program in Section 4.0 of this document) and two vehicle travel lanes. The property owner/developer may request creation of a reimbursement agreement or other mechanism to provide for the reimbursement for one of the two vehicle travel lanes at such time as the adjacent property develops. 2.2.2 Provide Variation in Housing Type Variety in housing and building types not only provides stability in times of market transition but allows a healthy mix of ownership/rental opportunities and household types. It is especially important for the Platinum Triangle to have a balance of for-sale and rental housing, if the districts are to maintain strong economic values. Ideally, four attached building types should be encouraged as shown in Table 2 and further explained in the descriptions that follow. Table 2: Building Types Building Type Unit Type Typical Ownership Density Range Units/Acre Tuck-under Townhomes For sale 16-24 Flats Rental 18-30 Wrapped deck Flats Rental 45-80 Podium Townhomes For sale 16-32 Flats/Townhomes For sale 36-65 Flats Rental 48-100 High-rise tower Flats For sale 65-100 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 17 Tuck-under buildings Tuck-under buildings have parking garages located under the living units that are accessible by surface driveways. Wrapped deck buildings Wrapped deck buildings are buildings that surround, or wrap around, a free-standing (not subterranean) parking structure. Podium buildings Podium buildings have dwelling units located above a subterranean parking structure. High-rise tower buildings A high-rise tower is a building with a height over fifty- five (55) feet. Although market conditions will largely influence which building types are ultimately built, if a residential development of more than 400 units is proposed on a parcel of five acres or greater, then more than one building type is required to achieve a healthy diversity and mix one building could be a tuck-under building type and another a wrapped deck type building). The building types proposed to meet this requirement must vary by at least one story in height. This criteria encourages projects of a size and scale that are not overwhelming and provides a rich mix of block, building and unit configurations. Height and coverage criteria will also guide projects toward variations in density and open space. A mix of parking alternatives is also encouraged by providing incentives (tandem and valet parking) for subterranean parking so that higher density podium and high-rise tower projects can be achieved. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 18 2.2.3 Provide Parks and Recreational- Leisure Areas Higher density neighborhoods need parks and open space to offset building height and coverage and provide space for leisure activities. Well-crafted and programmed public space also encourages people gathering, neighborhood events and community interaction. Residential development on parcels larger than eight acres will be required to provide a mini park based on the number of dwelling units developed on the parcel. These parks will be programmed with flexible-use turf areas, picnicking, child play areas and seating. In addition, every residential development will be required to provide a minimum of two hundred square feet of recreational-leisure area for each dwelling unit within private and/or common areas. The General Plan and the Platinum Triangle Urban Design Plan (Figure 4) also identify a larger active neighborhood sports park in the vicinity of the northwestern portion of the Platinum Triangle to meet organized field sport needs. 2.2.4 Create a Street/Ground Floor Zone that is Attractive, Safe and Engaging Great urban neighborhoods have attractive, safe and interesting streets that are enjoyable to experience as both a pedestrian and driver. Such streets require quality ground floor architectural treatments, consistent setbacks, landscape and sufficient interaction with the adjacent uses, so that a sense of community and security is achieved. On the arterial streets this will be achieved through landscape, street trees, entries, patios and attractive architecture. On the connector streets, individual dwelling entries and stoops will enhance the pedestrian experience. Setbacks have been established that provide a balance between full utilization of the site for development and creating sufficient room for landscape. The setbacks are the narrowest on the connector streets with lower traffic volumes, encouraging a more intimate, and human-scale street space. The major intersections within the Platinum Triangle will be framed by landmark architecture that lets visitors know they have arrived at a major destination. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 19 Ground floor commercial uses will also activate the pedestrian zone. While ground floor retail is encouraged throughout the mixed use areas, their location will only be required adjacent to Market Street and along Gene Autry Way, east of Market Street (see 2.2.5) to insure that retail and other support commercial uses occur in locations supportive of the overall framework plan. 2.2.5 Provide a Centerpiece Walking and Shopping District – The Market Street A key feature of the plan is to create a new, animated walking street, Market Street, which allows convenient access to local services and links together neighborhoods and districts as shown in Figure 4. Market Street will create the backbone for a dynamic urban district by promoting mixed use and the opportunity for residents and workers to be less dependent on the automobile. Many notable and high energy urban neighborhoods have as their centerpiece a great local walking and shopping street. These walkable streets are small-scale and provide convenient shopping, cafes and professional offices. Union Street in San Francisco, Larchmont Boulevard in Los Angeles, Gaylord Street in Denver and 4th Street in Berkley are good examples of small scale active local streets. Although their scale and character may vary, these streets provide a backbone public space and place for residents to gather, people-watch, and meet daily needs with less dependence on the car. Market Street will be a two lane street with parking on both sides that will provide for continuous commercial uses on the ground floor. Wide sidewalks, street trees, benches, thematic street lights and opportunities for sidewalk cafes and urban parks will make this street section an “outdoor living room” and a gathering place for local residents, as well as draw shoppers and diners from nearby employment areas. Although interior to the existing “superblocks,” Market Street will intersect Katella Avenue and Gene Autry Way, creating retail exposure and encouraging access from surrounding neighborhoods. Larchmont Boulevard Gaylord Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 20 Ground Floor Commercial Uses are required on Market Street and along Gene Autry Way, east of Market Street. Ground Floor Commercial Uses along Gene Autry Way will provide an important link between Market Street and the Stadium District. The PTMU Overlay Zone provides a list of retail and non- retail uses which accommodate this Ground Floor Commercial use requirement. Non-retail uses include local services, multi-tenant offices, community facilities, fitness, leasing offices or child care. It is anticipated that non-retail uses may have a stronger presence during the earlier stages of development until such time as sufficient residential units are built to support retail uses. It is also envisioned that larger retail services uses such as a grocery stores, drug stores, larger restaurants and entertainment uses will locate along Katella Avenue or Gene Autry Way where they provide gateways to Market Street or along Gene Autry Way as it connects Market Street to Angel Stadium of Anaheim. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 21 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 22 3.0 MIXED USE DISTRICT OVERVIEW Several distinct mixed-use districts have been identified within the portions of the Platinum Triangle designated for mixed-use development by the General Plan (see Figure These districts are the Arena, ARTIC, Gateway, Gene Autry, Katella, Stadium and Orangewood Districts. An Office District has also been identified for properties designated by the General Plan for office uses. These districts are identified in the Platinum Triangle Master Land Use Plan and in the PTMU Overlay Zone. 3.1 Development Intensities The total maximum development within the PTMU Overlay Zone is 18,909 residential dwelling units, 14,340,522 square feet of office development, 4,909,682 square feet of commercial development and 1,500,000 square feet of institutional development. Table 3 indicates the maximum permitted development intensity established for each district. This maximum intensity is based on planning and infrastructure considerations analyzed by SEIR No. 339, such as traffic capacity, access and availability of infrastructure and proximity to existing and proposed transit. In cases where existing buildings are removed to accommodate new development, the existing square footage may be demolished and replaced with new construction as long as the total square footage does not exceed the maximum assigned to each district. Table 3: PTMU Overlay Zone Development Intensities* District Acres Housing Units Office Square Feet Commercial Square Feet Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 520 2,202,803 358,000 1,500,000 Gateway 50 2,949 562,250 64,000 0 Gene Autry 33 2,362 338,200 304,700 0 Katella 141 5,707 2,131,058 832,614 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 3,125,000 3,120,368 0 Total Mixed Use 470 18,909 9,862,166 4,909,682 1,500,000 Office 121 0 4,478,356 0 0 Total PTMU Overlay Zone 591 18,909 14,340,522 4,909,682 1,500,000 *Development intensities are further described in Appendix G. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 23 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 24 3.2 Stadium District The underlying zone for the Stadium District is the PR (Public Recreational) Zone, which regulates City- owned properties and facilities. The PTMU Overlay Zone sets forth a maximum density for this district of 5,175 dwelling units, 3,125,000 square feet of office uses, 3,120,368 square feet of commercial uses and stadiums consisting of no more than 119,543 total seats (including the existing 49,043 Angel Stadium of Anaheim and a potential future 70,500-seat stadium). Within this District and the adjacent ARTIC District, there is the potential for the emergence of another major activity hub for Anaheim. The existing Amtrak/Metrolink station and the proposed Anaheim Regional Intermodal Center (ARTIC) station provide the impetus for major Transit Oriented Development. If properly integrated with Angel Stadium of Anaheim, The Grove of Anaheim, and the Honda Center, development in this area could lead to an exciting mix of high energy uses while providing additional housing in the area. Parallel experiences in other parts of the country, such as Denver, Washington D.C., Dallas and Atlanta suggest that the true long- term potential for a site with transit stations of this size could generate a high density, transit-oriented, mixed- use hub unparalleled in this part of the country. As market trends combine with transit oriented development goals, the concept of a high-rise, mixed- use, urban village, complemented by sports and entertainment venues would allow thousands of residents and workers to meet their daily needs with minimal auto use, vehicle miles traveled and the resulting congestion and air quality issues. Development principles include:  Create a sustainable balance between everyday land uses/services and more intermittent special event activity.  Separate major event circulation and parking from existing and future rail and bus facilities, office, retail and residential uses.  Provide an internal, pedestrian-scale “promenade” street that allows walkable access to the transit stations and links the transit oriented development to the adjacent districts.  Balance regional transit access and mixed use place-making to allow the maximum number of workers and residents to be within a five minute walking distance from the stations.  Provide attractive urban streets lined with active ground floor uses and a scale of street width and building placement that creates security, a comfortable human scale and energizes ground floor retail and entertainment uses.  Encourage a full complement of uses including corporate offices, for-sale and rental residential development, local professional offices, local support retail, and community services to create activity 365 days a year. Figure 6: Stadium District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 25 3.3 Arena District The underlying zones for the Arena District are PR (Public Recreation), which regulates City-owned properties and facilities including Honda Center and T (Transition). The PTMU Overlay Zone sets forth a maximum density for this district of 425 dwelling units, 100,000 square feet of office and 100,000 square feet of commercial uses, in addition to the existing Honda Center. The Arena District has high visibility from the 57 Freeway. This District will also benefit from the future development of ARTIC and will be particularly attractive to restaurants, retail and office uses. A landscape promenade is provided along Douglass Road to link to the ARTIC and Stadium Districts. A regional bicycle path is adjacent to this District and is proposed to connect to ARTIC. Development principles include:  Create a balance between everyday land uses/ services and more intermittent special event activity.  Provide a connection with the existing and future transit stations through Douglass Road.  Provide landmark architecture that addresses the intersection of Katella Avenue/Douglass Road. Figure 7: Arena District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 26 3.4 Katella District The underlying zones for the Katella District are I (Industrial), O-L (Office-Low) and CG (General Commercial). The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/fabrication. The O-L Zone provides for a variety of low-intensity office uses that are typically three stories or less in height. The CG Zone allows a variety of commercial uses. This district includes properties adjacent to Katella Avenue, a regional Smart Street which links the Platinum Triangle to The Anaheim Resort. In addition, Katella Avenue provides access to Angel Stadium of Anaheim, The Grove of Anaheim, the Honda Center and the existing Amtrak/Metrolink station and the future ARTIC location. These attributes support a “Grand Avenue” concept, expressed by a bold palm grove landscape statement, which will provide a majestic entrance to the City to the east and link the Platinum Triangle to The Anaheim Resort to the west. Additionally, Market Street will provide a vibrant, pedestrian oriented connection between the Katella District and the Gene Autry District. The Katella District permits a maximum of 5,707 dwelling units, 2,131,058 square feet of office development and 832,614 square feet of commercial development and is divided into Sub Areas A, B, C and D. These Sub-Areas and their corresponding maximum development intensities are further described in Appendix G. Development principles include:  Implement the double palm tree grove along Katella Avenue and provide setbacks sufficient for implementation.  Allow a variety of landscape and hardscape treatments where ground floor commercial and residential uses transition to the street parkway, including shop fronts, outdoor dining and planters.  Introduce connector streets that provide access into the deep parcels located along Katella Avenue. These walkable, residential-lined streets are important in achieving sustainable neighborhoods. Such streets may be implemented incrementally as adjacent parcels develop.  Provide additional public open space in the form of mini parks within larger parcels.  Provide landmark architecture that addresses the intersections of Katella Avenue/State College Boulevard and Katella Avenue/Sportstown.  Provide ground floor commercial uses and attractive pedestrian walkways along Market Street. Figure 8: Katella District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 27 3.5 Gene Autry District The underlying zone for the Gene Autry District is the I (Industrial) Zone. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/fabrication. With Market Street as a primary feature, the Gene Autry District provides the opportunity for a sophisticated mixed use neighborhood. At completion, these factors could create one of the most animated and desirable urban neighborhoods in the County. Market Street traverses the heart of this district intersecting with Gene Autry Way. While small local retail shops, restaurants and professional services are required on Market Street, they are also envisioned to extend along Gene Autry Way to State College Boulevard. The availability of local services in this district is important to allow the choice for a more pedestrian, less auto-oriented lifestyle. Connector streets and mini parks are also proposed. These additions provide a system of walking streets and open spaces that will allow the goal of providing walkable neighborhoods to be realized. The Gene Autry District permits a maximum of 2,362 residential units, 338,200 square feet of office uses and 304,700 square feet of commercial uses. The Gene Autry District is divided into two sub-areas; these sub- areas and their corresponding maximum development intensities are further described in Appendix G. Development principles include:  Provide ground floor commercial uses and attractive pedestrian walkways along Market Street.  Implement a street tree program that alternates palm trees and lower level canopy trees.  Provide additional public open space in the form of mini parks within larger parcels.  Provide landmark architecture that addresses the intersection of State College Boulevard/Gene Autry Way. Figure 9: Gene Autry District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 28 3.6 Gateway District The underlying zones for the Gateway District are the I (Industrial) and O-L (Low Intensity Office) Zones. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/fabrication. The O-L Zone provides for a variety of low-intensity office uses that are typically three stories or less in height. Aptly named, this district provides the entry experience into both the City and the Platinum Triangle from the south and west. The Gateway District is divided up into three sub areas and permits a maximum development intensity of 2,949 residential units, 562,250 square feet of office development and 64,000 square feet of commercial development. The sub-areas and their corresponding maximum development intensities are further described in Appendix G. Development Principles include:  Implement the palm tree and canopy tree plantings along Orangewood Avenue and State College Boulevard.  Provide landmark architecture that addresses the intersection of State College Boulevard/Orangewood Avenue.  Provide bike lanes along Orangewood Avenue to provide an important link to the Santa Ana River regional trail system. Figure 10: Gateway District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 29 3.7 Orangewood District The underlying zones for the Orangewood District are the I (Industrial), C-G (General Commercial), PR (Public Recreational) and O-L (Low Intensity Office) Zones. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/fabrication. The C-G Zone allows a variety of commercial uses. The PR Zone regulates City-owned properties and facilities. The O-L Zone provides for a variety of low-intensity office uses that are typically three stories or less in height. The Orangewood District permits a maximum of 1,771 residential units, 1,402,855 square feet of office development and 130,000 square feet of commercial development. This district and the permitted amount of development are further described in Appendix G. Development principles include:  Implement the palm tree and canopy tree plantings along Orangewood Avenue.  Introduce a collector street that connects Dupont Drive to Towne Centre Place to provide access to Rampart Street.  Provide bike lanes along Orangewood Avenue and collector streets to provide an important link to the Santa Ana River regional trail system.  Provide additional public space in the form of mini parks within larger parcels. Figure 11: Orangewood District Underlying Zoning and Location Map ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 30 3.8 ARTIC District The underlying zone for the ARTIC District is the SP (Semi-Public) Zone. The SP Zone allows for a wide range of public and quasi-public uses, including transportation facilities. Other typical uses include government offices, public or private colleges and universities, public utilities, hospitals, large assisted living facilities, community centers, museums and public libraries. The PTMU Overlay Zone sets forth a maximum intensity of 520 residential units, 2,202,803 square feet of office development, 358,000 square feet of commercial development, and 1,500,000 square feet of institutional uses for this district. The ARTIC District is named for the proposed Anaheim Regional Transportation Intermodal Center (ARTIC). The ARTIC District is intended to combine a transportation gateway and a mixed-use activity center on a 17-acre site owned by the Orange County Transportation Authority (OCTA) and the City of Anaheim. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 31 3.9 Office District The underlying zones for the Office District are the O- H (Office High), O-L (Office Low), I (Industrial and C-G (General Commercial) Zones. The O-H Zone provides for higher intensity office uses in buildings that are four stories or more in height and the O-L Zone provides for a variety of low-intensity office uses that are typically in buildings three stories or less in height. The I Zone allows for industrial employment opportunities, research and development, repair services, wholesale activities, distribution centers and manufacturing/fabrication. The C-G Zone allows a variety of commercial, retail service and office uses. This District will permit office uses per the O-H and O-L zoning standards. A maximum of 4,478,356 square feet of office will be allowed in this District with the permitted amount of development within the Office District sub-areas further described in Appendix G. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 32 4.0 PUBLIC REALM LANDSCAPE AND IDENTITY PROGRAM Streetscape elements, including gateways, public art, light fixtures, street furniture and signs, will be coordinated with a Landscape Concept Plan unique to the Platinum Triangle, to establish and reflect the Platinum Triangle's distinctive image and character. The Public Realm Landscape and Identity Program will:  Establish a visual identity with a hierarchy of identity elements which reinforces the land use, circulation, open space, and landscape systems of the Master Land Use Plan.  Celebrate the unique combination of a cosmopolitan urban area with sports and entertainment imagery.  Reinforce linkages to The Anaheim Resort. 4.1 Streetscape Elements Streetscape elements will unify and identify the Platinum Triangle and provide directions for visitors to the area. Streetscape elements include gateways, public art, light fixtures, street furniture and signs. The identity program includes the following:  Street furniture within the public right-of-way, such as bus shelters and benches, that is consistent throughout the Platinum Triangle.  An area-wide banner system on the arterial roads, which will create a street-oriented identity for the entire Platinum Triangle, especially in connection with events.  Site furnishings that meet the needs of the residents, visitors and workforce of the Platinum Triangle on an area and need specific basis. Individual projects within the Platinum Triangle may have their own individual project identity within their project boundaries, but the character of the streetscape elements within the public right-of-way will be consistent throughout the Platinum Triangle. 4.1.1 Gateways Gateways will set the scale and image of the Platinum Triangle for visitors as they enter and pass though the area. It is anticipated that these gateways will be located on or in close proximity to the Stadium District. The design of the gateways will be determined at a later date as the Stadium District is developed. In order to effectively create the proper sense of arrival, these gateways should achieve the following:  Provide a scale that contrasts with the surrounding features.  Reflect the design character of the area and incorporate sports and entertainment related imagery.  Provide a lasting visual impression.  Express a variety of imagery through layering of Gateways.  Create public icons at the edges of the Stadium and Arena Districts. 4.1.2 Public Art Public art provides added interest, variety, and beauty to the City's public places. Well-designed public art creates a connection between the public and the culture of the community by incorporating symbols that serve to entertain and enrich urban areas. Public art will be encouraged in the mini parks and new gathering places that will be developed within the Platinum Triangle. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 33 4.1.3 Light Standards The light standard used in The Anaheim Resort will be used on all arterial streets throughout the Platinum Triangle (Figure 14) to provide a visual link between the Platinum Triangle and The Anaheim Resort. New light standards will be implemented on Connector and Collector Streets (Figure 15) and Market Street (Figures 16 and 17) to enhance the pedestrian-friendly environment of these two street conditions. Arterial Streets Figure 14: City of Anaheim Street Light Special Design No.744 Anaheim Recreational Area Connector and Collector Streets Figure 15: Connector and Collector Street Light Standard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 34 Market Street Standards Figure 16: Market Street Light Standard Figure 17: Market Street Pedestrian Light Standard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 35 4.1.4 Street Furniture Street furniture within the Platinum Triangle will include the standard street furniture used throughout the City. Street furniture includes bus shelters (Figure 18), benches and trash receptacles. Newspaper racks, as shown in Appendix D, will be allowed adjacent to bus shelters. Figure 18: Citywide Standard Bus Bench 4.1.5 Signs Within the Platinum Triangle, civic signage will play three major roles: identification of the Platinum Triangle, directional assistance to arriving visitors and reinforcement of the visual themes of cosmopolitan urban activities, sports and entertainment. Changeable Message Signs Changeable message signs provide timely information to visitors to the Platinum Triangle. These existing changeable message signs will remain in the current locations unless otherwise determined in conjunction with future development of the Stadium, ARTIC or Arena Districts. Street Information Signs On arterial streets, informational signs, such as “Stop” and “No Parking”, will be the same design as similar signs in The Anaheim Resort. Standard signs will be used on all other streets. Street Identification Signs Street identification signs will be on 96-inch wide by 18-inch tall panels (DG3 Material). The signs will include the Platinum Triangle logo and the street name in 8-inch high white letters (Clearview Highway 38 Font) on a green (P3) background (Figure 19). Directional Signs Signs which provide directional instructions to arriving or departing visitors will become increasingly important within the Platinum Triangle as new development occurs. The number, type and location of signs should be determined prior to development of the Stadium District, potentially in connection with the future design of the gateways. This will ensure that the overall character of the signs is consistent, and interrelated circulation issues for Angel Stadium of Anaheim, Arrowhead Pond of Anaheim, The Grove of Anaheim and ARTIC, can be addressed. Banners All street light standards on arterial roads within the Platinum Triangle will have a removable armature for banners that will be changed out regularly. Banners will be installed in accordance with a banner program approved by the City and will be colored, festive and may be fabricated as sewn, silk screened on nylon or photo image reproduction on an exterior grade substrate. Figure 19: Street Identification Sign ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 36 4.2 Landscape Concept Plan and Cross Sections The intent of the Landscape Concept Plan is to create a memorable, unified and civic-scaled public landscape for the Platinum Triangle. To achieve this, the Landscape Concept Plan proposes extensive landscape improvements within the area’s public rights-of-way and landscape setback areas. This section describes the landscape goals for the Platinum Triangle and provides typical plans and cross sections which establish the basic requirements for landscape development. Implementation of the Landscape Concept Plan within the public right-of-way will occur with development of new projects within the area unless otherwise determined by the City. Figure 20 shows how the Landscape Concept Plan applies to the Platinum Triangle and provides the overall unifying landscape framework. The full-street cross sections and plans that follow show the landscape treatment of the typical conditions on each of the Platinum Triangle’s major streets. The right-of-way dimensions may vary subject to the approval of the City Engineer. The treatment shown for each street is based on the Landscape Concept Plan. Whenever possible, utilities will be placed underground. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 37 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 38 ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 39 4.2.1 Katella Avenue The central feature of Katella Avenue, between the Santa Ana Freeway and the entrance to Angel Stadium of Anaheim, The Grove of Anaheim and the Amtrak/Metrolink station, is the grove-style planting of Date Palms. This planting continues the treatment of Katella Avenue in The Anaheim Resort west of the Santa Ana Freeway. Mass plantings of Agapanthus, a purple flowering shrub, provide a low shrub under-story for the Date Palms located in the parkway. A second row of matching Date Palms will be planted in the setback area in six-foot square cut-outs. The maintenance of the setback area is the responsibility of the property owner. The median will also consist of Date Palms, with flowering vines such as Bougainvillea ‘San Diego Red’ attached to the trunk of the tree in combination with alternate mass plantings of Agapanthus shrubs and Star Jasmine ground cover. Adjacent to ground floor commercial uses, the setback area will be paved to provide pedestrian access. The landscaping for Katella Avenue changes near the railroad grade separation and further east to the City limits. Along this section of Katella Avenue, the Date Palms are eliminated within the Pedestrian/Landscape Realm and large-scaled Mexican Fan Palms are planted within the parkways. Date Palm (Phoenix dactylifera) Mexican Fan Palm (Washingtonia robusta) Bougainvillea (Bougainvillea) Bird of Paradise (Strelitzia reginae) Agapanthus (Agapanthus Africanus) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 40 Figure 22: Katella Avenue Manchester Avenue to East of State College Boulevard (Stadium Entrance) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 41 Figure 23: Katella Avenue Highway of National Significance East of State College Boulevard (Stadium Entrance) to Orange Freeway *Parkway Detail ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 42 Figure 24: Katella Avenue Orange Freeway to East City Limits Honda Center ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 43 4.2.2 State College Boulevard The primary landscape treatment for State College Boulevard consists of alternating Mexican Fan Palms and pedestrian-scaled flowering canopy trees such as Golden Trumpet trees and a single species of low flowering ground cover such as Vinca Major – Periwinkle ground cover within parkways and a single row of Camphor trees in the median. To further facilitate pedestrian access, the setback area may be paved adjacent to ground floor commercial uses. Mexican Fan Palm (Washingtonia robusta) Vinca Major – Periwinkle (Apocynaceae) Golden Trumpet Tree (Tabebuia Camphor Tree (Cinnamomum comphora) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 44 Figure 25: State College Boulevard South City Limits to Gene Autry Way ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 45 Figure 26: State College Boulevard Gene Autry Way to Katella Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 46 Figure 27: State College Boulevard Katella Avenue to 500’ North of Howell Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 47 Figure 28: State College Boulevard 500’ North of Howell Avenue to Cerritos Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 48 4.2.3 Gene Autry Way On Gene Autry Way, the parkways from east of Santa Cruz Street to State College Boulevard will be planted with Crape Trees and Mexican Fan Palms will be required in the setback area. The median east of Market Street will include large canopy trees and Star Jasmine. This landscaping is intended to provide both a grand scale and pedestrian-friendly environment on this major entry into the Angel Stadium of Anaheim. Flowering vines will be attached to the palm trees and Bird of Paradise or a similar orange flowering hedge will be planted in the parkway. To provide for pedestrian circulation a 7½ -foot wide sidewalk within the public right-of-way is required with 2½ foot by 2½ foot scoring. Adjacent to this sidewalk, the setback area, may be paved and/or landscaped and outdoor restaurant seating area may encroach into this area. Mexican Fan Palm (Washingtonia Robusta) Bird of Paradise (Strelitzia reginae) Crape Tree (Lagerstroemia indica) Star Jasmine (Trachelospermum jasminoides) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 49 Figure 29: Gene Autry Way Santa Cruz to State College Boulevard A single row of green canopy trees will be planted in the median from Market Street to State College Boulevard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 50 4.2.4 Orangewood Avenue The treatment of Orangewood Avenue consists of alternating Mexican Fan Palms and Magnolia trees within the parkways, which will also be planted with Halls Honeysuckle ground cover. The palms will have an orange flowering shrub planted at the base of the tree trunk. Small trees and flowering shrubs accent the landscape setback adjacent to the residential uses. Adjacent to ground floor commercial uses, the setback area will be paved to provide pedestrian access. To provide for additional pedestrian circulation while maintaining the right-of-way widths prescribed by the General Plan, east of State College Boulevard, a 5-foot wide sidewalk within the public right-of-way is required with 2 ½ foot by 2 ½ foot scoring. Adjacent to this sidewalk, within the setback area, an additional 2 ½ foot wide walkway shall be provided with matching scoring. An easement for this walkway shall be provided to the City. Mexican Fan Palm (Washingtonia robusta) Magnolia Tree (Magnolia grandiflora) Halls Honeysuckle (Lonicera japonica) Orange Day Lilly Hemerocallis fulva ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 51 Figure 30: Orangewood Avenue Santa Ana Freeway to State College Boulevard ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 52 Figure 31: Orangewood Avenue State College Boulevard to Dupont Drive ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 53 Figure 32: Orangewood Avenue Dupont Drive to East City Limits ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 54 4.2.5 Douglass Road North of Katella Avenue, Douglass Road will contain four travel lanes and bike lanes. The street landscape will consist of a double row of Mexican Fan Palms in the parkway and setback areas. Bougainvillea (Bougainvillea) will be attached to the base of the palm trunks and yellow and orange Daylilies or a similar low red flowering shrub will be planted at the base of the palm trees. Adjacent to the Honda Center, the median will be a painted median to allow for better traffic flow in and out of the Honda Center and Angel Stadium of Anaheim (Figure 33). North of the Honda Center, the median will be a raised median planted with a single row of green canopy trees and a single species of massed flowering groundcover. South of Katella Avenue, the streetscape design will be determined as part of the development process for ARTIC. Mexican Fan Palm (Washingtonia robusta) Orange Daylily (Hemerocallis flava) Bougainvillea (Bougainvillea) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 55 Figure 33: Douglass Road North of Katella Avenue Honda Center Parking Lot Painted median adjacent to Honda Center; landscaped median north of Honda Center Painted median adjacent to Honda Center Landscaped median north of Honda Center 106’ 80’ ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 56 4.2.6 Anaheim Way Anaheim Way is a one-way northbound frontage road on the east side of the Santa Ana Freeway. The landscape for Anaheim Way will be integrated into a large-scale landscaped open space treatment intended to attract the attention of passing motorists on the Santa Ana Freeway. The treatment will consist of Mexican Fan Palms with Bougainvillea attached to their trunks in parkways along with Bird of Paradise shrubs. Mexican Fan Palms will also be planted in the setback area along with small accent trees and flowering shrubs. Boston Ivy will be attached to the wall per Santa Ana Freeway standards. Mexican Fan Palm (Washingtonia robusta) Boston Ivy (Parthenocissus tricuspidata) Bird of Paradise (Strelitzia reginae) Bougainvillea (Bougainvillea) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 57 Figure 34: Anaheim Way ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 58 4.2.7 Lewis Street The Lewis Street landscape will consist of Mexican Fan Palms with Bougainvillea (Bougainvillea) attached to the trunks of the trees and India Hawthorn shrub in the parkways. A single row of Gold Medallion trees and a single species of massed flowering ground cover will be provided in the median. The setback area will consist of canopy trees and a pink flowering low shrub or groundcover. Mexican Fan Palm (Washingtonia robusta) Gold Medallion Tree (Cassia India Hawthorne (Rhaphiolepis indica) Bougainvillea (Bougainvillea) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 59 Figure 35: Lewis Street Gene Autry Way to Katella Avenue green ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 60 Figure 36: Lewis Street Katella Avenue to Cerritos Avenue ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 61 4.2.8 Railroad Right-of-Way The landscape adjacent to the railroad right-of-way consists of a Mexican Fan Palm alternating with citrus trees. Citrus Trees (Citrus) Mexican Fan Palm (Washingtonia robusta) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 62 Figure 37: Railroad Right-of-Way ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 63 4.2.9 Secondary Streets: Howell Avenue, Sunkist Street and Rampart Street The Secondary Street landscape consists of a Brisbane Box or similar canopy trees with a low flowering pink shrub or groundcover in the parkway. The landscape setback consists of a canopy tree to match the species of parkway tree in spacing and height with purple and pink flowering low shrub or ground cover. Brisbane Box (Tristania conferta) India Hawthorne (Rhaphiolepis indica) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 64 Figure 38: Secondary Streets (Howell Avenue, Sunkist Street and Rampart Street) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 65 4.2.10 Market Street The Market Street landscape consists of a large canopy tree, Maidenhair Tree (Ginkgo biloba), in tree grates with interlocking precast concrete pavers in the parkway. The from Katella Avenue to Market Street will be identified with rows of Date Palm Trees. The setback area may be paved to provide access for pedestrians. Angled parking will be provided on the west side and parallel parking will be provided on the east side of Market Street. Maidenhair Tree (Ginkgo biloba) Date Palm-Medjool variety (Phoenix dactylifera) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 66 Figure 39: Conceptual Market Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 67 4.2.11 Connector and Collector Streets The Connector Streets’ landscape palette consists of a variety of large canopy trees, including the Southern Magnolia, Southern Live Oak, Fern Pine and Bradford Pear, which may be planted in tree wells with interlocking precast concrete pavers in the parkway or in parkways with turf or groundcover as approved by the City. A minimum 3-foot wide area will be planted with low flowering shrubs in the setback area adjacent to the sidewalk. Parkways on Collector Streets will be landscaped with Brisbane Box trees and India Hawthorne shrubs or another similar ground cover. Bike lanes will be located on designated Collector Streets in the Orangewood District to connect the bike lanes on Orangewood Avenue to the Santa Ana River Bike Trail. Fern Pine (Podocarpus Gracilior) Southern Live Oak (Quercus virginiana) Southern Magnolia Tree (Magnolia grandiflora) Bradford Pear (Pyrus calleryana) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 68 Figure 40: Conceptual Connector Street ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 69 Figure 41: Collector (Dupont Drive and Towne Centre Place) Collector Possible 3’ Use Encroachment (refer to PTMU Overlay Zone) 3’ 3’ Possible 3’ Use Encroachment (refer to PTMU Overlay Zone) Private patios may encroach 7’ into setback area Collector ---PAGE BREAK--- Platinum Triangle Master Land Use Plan DSEIR No. 339 70 4.2.12 Intersections with Supplemental Lanes Within the Platinum Triangle these intersections require supplemental lanes to provide adequate level of service and operational improvements:  Cerritos Avenue/Sunkist Street  Katella Avenue/Anaheim Way  Katella Avenue/State College Boulevard  Katella Avenue/Howell Avenue  Katella Avenue/Sportstown Way  Katella Avenue/Lewis Street  Katella Avenue/Douglass Road  Gene Autry Way/Lewis Street  Gene Autry Way/State College Boulevard  Orangewood Avenue/Anaheim Way  Orangewood Avenue/State College Boulevard  Orangewood Avenue/Dupont Drive  Orangewood Avenue/Rampart Street  State College Boulevard/Gateway  State College Boulevard/Artisan Court The typical improvements for these intersections include additional left-turn lanes and a dedicated free right-turn lane. Where a dedicated free right-turn lane is required, right-of-way widths will be widened and setback areas will be pushed back. Supplemental lanes will also be required where Connector Streets and Market Street intersect with arterials at signalized intersections. The number and type of supplemental lanes will be determined through project-specific traffic impact studies. Where a dedicated free right-turn lane is required, right-of-way widths will be widened and setback areas will be pushed back. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 A APPENDIX A The Platinum Triangle Mixed Use (PTMU) Overlay Zone ---PAGE BREAK--- 1 Chapter 18.20 PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Sections: 18.20.010 Purpose and intent. 18.20.020 Applicability. 18.20.030 Uses. 18.20.040 Development districts. 18.20.050 Structural heights. 18.20.060 Coverage. 18.20.070 Project size. 18.20.080 Floor area. 18.20.090 Structural setbacks. 18.20.100 Structural location and building orientation. 18.20.110 Public parks, recreational-leisure areas and landscaping 18.20.120 Parking, loading and vehicular access. 18.20.130 Refuse storage and recycling facilities, and private storage areas 18.20.140 Design standards. 18.20.150 Signs. 18.20.160 Compatibility standards. 18.20.170 Gateway District Sub-Area B standards. 18.20.180 Orangewood District standards. 18.20.190 ARTIC, Stadium and Arena District standards. 18.20.200 Implementation. 18.20.010 PURPOSE AND INTENT. .010 Purpose. The purpose of this chapter is to establish the Platinum Triangle Mixed Use (PTMU) Overlay Zone (hereinafter referred to as the "PTMU Overlay Zone") to provide opportunities for well-designed development projects that combine residential with non- residential uses, including office, retail, business services, personal services, public spaces and uses, and other community amenities within the portions of the Platinum Triangle designated with the Mixed-Use, Office High and Office Low land use designations in the City of Anaheim General Plan, and consistent with the policy direction in the General Plan. .020 Objectives. The PTMU Overlay Zone has the following major objectives: .0201 Create a unique integrated, walkable urban environment that encourages pedestrian activity and reduces dependence on the automobile for everyday needs, through a streetscape that is connected, attractive, safe and engaging. .0202 Develop an overall urban design framework to ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area in which they are located. ---PAGE BREAK--- 2 .0203 Encourage compatibility between residential, office, commercial and sports entertainment uses. .0204 Reinforce Transit Oriented Development (TOD) opportunities around the existing Amtrak/Metrolink and the proposed Anaheim Regional Transportation Intermodal Center (ARCTIC) stations. .0205 Maintain and enhance connectivity and linkages with convenience services, dining, retail and recreation facilities within walking distance, by providing ground floor commercial uses in key locations. .0206 Provide a mix of housing types. .0207 Create great long-lasting neighborhoods that maintain value through buildings with architectural qualities that create attractive street scenes. .0208 Provide a variety of open space, including private, recreational-leisure areas and public parks. .0209 Create a balance of landscape and architecture by providing sufficient planting space. .0210 Encourage parking solutions that are incentives for creative planning and sustainable neighborhood design. .0211 Stimulate market-driven development investment. (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6075 § 1: September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.020 APPLICABILITY. .010 The Platinum Triangle comprises approximately eight hundred twenty (820) acres generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north. The PTMU Overlay Zone covers an area consisting of approximately four hundred and seventy five (475) acres designated for mixed use and office uses within the Platinum Triangle, as depicted in Figure 3 (General Plan Designations) of the Platinum Triangle Master Land Use Plan approved by the City Council on August 17, 2004 and amended on April 26, 2005 (Resolution No. 2005-54), September 13, 2005 (Resolution No. 2005-188) September 25, 2005 (Resolution Nos. 2005-208 and 2005-212), June 5, 2007 (Resolution No. 2007-81), August 21, 2007 (Resolution Nos. 2007-169 and 172) April 8, 2008 (Resolution No. 2008-40), October 14, 2008 (Resolution No. 2008-179) and (Resolution No. and on file in the Office of the City Clerk. Said Figure 3 is incorporated herein by this reference as though set forth in full. ---PAGE BREAK--- 3 .020 Applicable Regulations. The provisions of this chapter shall supersede the corresponding regulations of the underlying zones, except as provided below. .030 Option to Use Underlying Zone. The provisions of this chapter shall not apply to parcels that have been, or are proposed to be, developed entirely under the underlying zone; provided that all requirements of the underlying zone are met by the project, except as specifically approved otherwise by variance or other official action by the City. (Ord. 5935 § 1 (part); August 24, 2004; Ord. 5948 § 2: November 9, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6014 § 1; January 31, 2006: Ord. 6075 § 2; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.030 USES. .010 Office District. The uses set forth in Chapter 18.08 (Commercial Zones) for the O-H (High Intensity Office) Zone shall apply to properties within the Office District designated by the General Plan for Office-High land use. The uses set forth in Chapter 18.08 for the O-L (Low Intensity Office) Zones shall apply to properties within the Office District designated by the General Plan for Office-Low land use. .020 Arena, ARTIC, Gateway, Gene Autry, Katella, Orangewood and Stadium Districts. Tables 20A, 20-B and 20-C only apply to properties within the Arena, ARTIC, Gateway, Gene Autry, Katella, Orangewood and Stadium Districts. .030 Primary Uses. Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable primary uses for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.030 (Residential Primary Use Classes) and Section 18.36.040 (Non-Residential Primary Use Classes) of Chapter 18.36 (Types of Uses). .040 Accessory Uses. Table 20-B (Accessory Uses and Structures: Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable accessory uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.050 (Accessory Use Classes) of Chapter 18.36 (Types of Uses). .050 Temporary Uses. Table 20-C (Temporary Uses and Structures: Platinum Triangle Mixed Use (PTMU) Overlay Zone) sets forth allowable temporary uses and structures for the PTMU Overlay Zone, listed by classes of uses as defined in Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses). .060 The allowable uses in Tables 20-A, 20-B and 20-C are established by letter designations as follows: .0601 designates classes of uses permitted by right; .0602 designates classes of uses permitted with a conditional use permit; .0603 designates classes of uses that are prohibited; and ---PAGE BREAK--- 4 .0604 "GF" designates classes of uses that are considered ground floor commercial for the PTMU Overlay Zone. .070 Ground-Floor Commercial Uses. In order to encourage an active street life while accommodating market demand, ground floor commercial uses facing the street are required along Market Street and on Gene Autry Way, east of Market Street, as identified on Figure 4 (The Platinum Triangle Urban Design Plan) in the Platinum Triangle Master Land Use Plan. Permitted ground floor commercial uses are identified in Tables 20-A, 20-B and 20-C, and may include the non-residential portion of live/work units, or may be designed so that the space may be used for either residential or non-residential uses where the residential portion does not face the street. Ground floor commercial uses are also permitted along all other streets within the PTMU Overlay Zone. .0701 Ground floor commercial uses, as designated in Tables 20-A, 20-B and 20-C, shall have a minimum depth of no less than thirty (30) feet and shall be provided along the property frontage adjacent to Market Street and Gene Autry Way, east of Market Street, as identified on Figure 4 of the Platinum Triangle Master Land Use Plan. .080 Live/Work Units. Within the Arena, ARTIC, Gateway, Gene Autry, Katella, Orangewood and Stadium Districts a commercial land use may be combined with a residential land use within one unit to create a space that contains both a residence and commercial area, such as an office. .090 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 20-A, 20-B or 20-C are set forth in Section 18.36.020 (Classification of Uses) of Chapter 18.36 (Types of Uses). .100 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 20-A, 20-B and 20-C. Such provisions may include references to other applicable code sections or limitations to the specified land use. Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Residential Classes of Uses Dwellings–Multiple-Family P ---PAGE BREAK--- 5 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Dwellings–Multiple-Family in the Gateway District, Sub-Area B C Subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, and subject to the conditions and showings of Chapter 18.66 (Conditional Use Permits), and further subject to paragraph 18.20.[PHONE REDACTED] and .0202 (Development Agreement Exemptions). Dwellings–Single-Family Attached P Dwellings–Single-Family Detached N Senior Citizen Housing C Subject to Chapter 18.50 (Senior Citizens Apartment Projects) Non-Residential Classes of Uses Alcoholic Beverage Sales–Off- Sale C GF Conditional use permit not required if use is in conjunction with Markets–Large Alcoholic Beverage Sales–On- Sale C GF Automotive–Public Parking C Automotive-Car Sales and Rental N Except as permitted as an accessory use. Automotive–Service Stations C Bars & C GF Billboards N Business & Financial Services P GF Commercial Retail Centers C Community & Religious Assembly C GF ---PAGE BREAK--- 6 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Computer Internet & Amusement Facilities C GF Convenience Stores C GF Conversions of hotels or motels to semi-permanent living quarters N Dance & Fitness Studios–Large P GF Dance & Fitness Studios–Small P GF Day Care Centers C GF Drive -through Facilities N Educational Institutions- Business C GF Educational Institutions- General C GF Educational Institutions- Tutoring P GF Hotels & Motels P/C/N Hotels are permitted, extended-stay hotels are permitted by conditional use permit, motels are not permitted (See Chapter 18.92 for definitions) Markets–Large P GF Outdoor farmer's markets are allowed with a conditional use permit Markets–Small P GF Medical and Dental Offices P GF Offices-General P GF Personal Services–General P GF On-site dry cleaning not allowed; conditional use permit required for laundromats; laundromats are subject to § 18.38.150 Personal Services–Restricted C GF ---PAGE BREAK--- 7 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Public Services P GF Recreation–Billiards P GF Recreation–Commercial Indoor P GF Recreation–Commercial Outdoor C Recreation–Low-Impact P Recreation–Swimming & Tennis P Repair Services–Limited P GF Research and Development C Restaurants-Drive-Through N Restaurants–General P GF Restaurants–Semi-Enclosed P GF Subject to 18.38.220 (Restaurants – Outdoor Seating and Dining) Restaurants–Walk-Up P GF Retail Sales–General P GF Retail Sales–Regional P GF Retail Sales-Used Merchandise N Sex-oriented businesses, as defined in Chapter 18.54 (Sex- Oriented Businesses) N Studios–Broadcasting P GF Broadcasting antennas require a Conditional Use Permit. Studios–Recording P GF Swap meets, indoor and outdoor N Transit Facilities P GF ---PAGE BREAK--- 8 Table 20-A PRIMARY USES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Utilities–Major C Use or activities not listed, nor specifically prohibited C As determined by the Planning Director to be compatible with the intended purpose of the PTMU Overlay Zone. Table 20-B ACCESSORY USES AND STRUCTURES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions Amusement Devices P Subject to Chapter 4.14 (Amusement Devices) Animal Keeping P Subject to 18.38.030 (Animal Keeping) Antennas–Broadcasting C Antennas–Private Transmitting P Subject to 18.38.040 (Antennas – Private Transmitting) Antennas–Receiving P Subject to 18.38.050 (Antennas – Receiving) Antennas– Telecommunications- Stealth Building-Mounted T Subject to § 18.38.060 and 18.62.020 Antennas– Telecommunications- Stealth Ground-Mounted T Subject to § 18.38.060 and 18.62.020 Antennas–Telecommunications Ground-Mounted (Non-Stealth) N Automated Teller Machines (ATMs) P GF Subject to § 18.36.050.035 ---PAGE BREAK--- 9 Table 20-B ACCESSORY USES AND STRUCTURES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions Automotive-Car Rental P Subject to a maximum of five parking spaces for on-site parking of vehicles available for rental in reserved parking spaces. The provision of more than 5 parking spaces for rental vehicles shall be subject to the approval of the Planning Director. Said spaces shall be in addition to those required by Chapter 18.42 (Parking and Loading). Caretaker Units C Subject to 18.38.090 (Caretaker Units) Day Care–Large Family P Subject to 18.38.140 (Large Family Day Care Homes) Day Care–Small Family P Fences & Walls P This use may occur on a lot with or without a primary use. (Ord. 5948 § 3; November 29, 2004.) Home Occupations P Subject to 18.38.130 (Home Occupations) Landscaping & Gardens P Subject to Chapter 18.46 (Landscaping and Screening) Mechanical & Utility Equipment –Ground Mounted P Subject to 18.38.160 (Mechanical and Utility Equipment–Ground Mounted) Mechanical & Utility Equipment –Roof Mounted P Subject to 18.38.170 (Mechanical and Utility Equipment–Roof Mounted) and 18.20.140 (Design Standards) of this chapter Murals P/C Permitted when not visible from right-of-way or adjacent properties. Conditional use where visible from any public right-of-way or adjacent properties. Parking Lots & Garages P Portable Food Carts C Recreation Buildings & Structures P GF ---PAGE BREAK--- 10 Table 20-B ACCESSORY USES AND STRUCTURES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited T=Telecommunications Antenna Review Permit Required GF=Ground Floor Commercial PTMU GF Special Provisions Recreation-Low-Impact P Recycling Services-Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Retail Kiosks P Signs P Subject to Chapter 18.44 (Signs) and 18.20.150 (Signs) of this chapter Solar Energy Panels P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Thematic Elements P Utilities-Minor P Vending Machines P Shall be screened from view from public rights-of-way and shall not encroach onto sidewalks Table 20-C TEMPORARY USES AND STRUCTURES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE* *Does not apply to the Office District; see subsection 18.20.030.010 for Office District uses. P=Permitted by Right C=Conditional Use Permit Required N=Prohibited GF=Ground Floor Commercial PTMU GF Special Provisions Contractor’s Office & Storage P Subject to 18.38.105 (Contractor's Office & Storage) Open-Air Festivals P Requires all applicable City permits ---PAGE BREAK--- 11 Real Estate Tract Offices P The office shall be removed at the end of two years from the date of the recording of the subdivision map, or the sale of the last dwelling unit, whichever is earlier Special Events P Subject to 18.38.240 (Special Events) (Ord. 5935 § 1 (part); August 24, 2004: Ord. 5948 § 3; November 9, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6004 § 2; November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.040 DEVELOPMENT DISTRICTS. .010 Purpose. To permit the maximum amount of development in the Platinum Triangle consistent with the General Plan and the infrastructure capacity analyzed by EIR No. 330, SEIR No. 332, EIR No. 335 and SEIR No. 339, the PTMU Overlay Zone establishes land use intensities for each of the following development districts: Arena District, ARTIC District, Gateway District, Gene Autry District, Katella District, Orangewood District, Office District and Stadium District. The boundaries of the development districts are depicted in the Platinum Triangle Master Land Use Plan, which boundaries are incorporated herein by this reference. .020 Table 20-D (Development Intensities: Platinum Triangle Mixed Use (PTMU) Overlay Zone) indicates the maximum land use intensities analyzed by EIR No. 330, SEIR No. 332, EIR No. 335, and SEIR No. 339. .0201 The permitted development intensities are further described by sub area in Appendix G of the Platinum Triangle Master Land Use Plan. .0202 The Planning Department will maintain an accounting of the total amount of dwelling units and square footage approved within each district. Development shall not exceed the overall total land use intensity for the PTMU Overlay Zone or the intensity identified for each district. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 5996 § 1; September 27, 2005: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6031 § 18; August 22, 2006: Ord. 6062 § 1; June 17, 2007: Ord. 6073 § 1; September 11, 2007 Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008) ---PAGE BREAK--- 12 Table 20-D DEVELOPMENT INTENSITIES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE District Acres Maximum Housing Units Maximum Office Square Feet Maximum Commercial Square Feet Maximum Institutional Square Feet Arena 41 425 100,000 100,000 0 ARTIC 17 520 2,202,803 358,000 1,500,000 Gateway 50 2,949 562,250 64,000 0 Gene Autry 33 2,362 338,200 304,700 0 Katella 141 5,707 2,131,058 832,614 0 Orangewood 35 1,771 1,402,855 130,000 0 Stadium 153 5,175 3,125,000 3,120,368 0 Total Mixed Use 470 18,909 9,862,166 4,909,682 1,500,000 Office 121 0 4,478,356 0 0 Total PTMU Overlay 591 18,909 14,340,522 4,909,682 1,500,000 18.20.050 STRUCTURAL HEIGHTS. The height requirements for the PTMU Overlay Zone are shown in Table 20-E (Maximum Structural Height: Platinum Triangle Mixed Use (PTMU) Overlay Zone) and apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development Standards). Greater heights are permitted in connection with a conditional use permit, as set forth in Chapter 18.66 (Conditional Use Permit). Table 20-E MAXIMUM STRUCTURAL HEIGHT: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Maximum Height in Feet ARTIC, Arena and Stadium Districts Unlimited All other properties 100 (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 §1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) ---PAGE BREAK--- 13 18.20.060 COVERAGE. .010 Site Coverage. The maximum site coverage for the PTMU Overlay Zone is seventy- five percent .0101 “Coverage” is the sum of the area of all building footprint areas and the area of exposed parking, divided by the gross area of the parcel, excluding Market Street or connector streets and/or any required public right-of-way. For purpose of coverage calculations, parking is not considered exposed when landscape, patios and pool decks are located on the top level of a parking structure. .0102 Accessory Buildings and Structures. All accessory buildings and structures, shall be included in the maximum site coverage calculation. (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.070 PROJECT SIZE. The residential project size requirements are as follows: .010 The minimum residential project size shall be fifty (50) dwelling units. .015 The minimum and maximum densities permitted shall be as indicated by building type in Table 20-F (Building Types: Platinum Triangle Mixed Use (PTMU) Overlay Zone), based on the gross number of dwelling units and the gross lot size excluding public and private streets, alley rights-of-way, and public and private easements for ingress and egress. .020 Residential projects of more than four hundred (400) dwelling units on parcels of five acres or greater shall consist of more than one building type, as defined in Table 20-F (Building Types: Platinum Triangle Mixed Use (PTMU) Overlay Zone). The building types proposed to meet this requirement must vary by at least one story in height. .030 Building Site Requirements in Chapter 18.40 (General Development Standards) shall also apply. ---PAGE BREAK--- 14 Table 20-F BUILDING TYPES: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Building Type Unit Type Density Range Units/Acre Definition Tuck-Under Townhomes Flats 16-30 Residential buildings in which individual parking garages are located under the living unit but still accessed by surface driveways Wrapped Deck Flats 45-80 Residential buildings that surround, or wrap around, a freestanding (not subterranean) parking structure Podium Townhomes Flats 16-100 Residential buildings located above a subterranean parking structure High-Rise Tower Flats 65-100 Residential buildings over 55 feet in height (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.080 FLOOR AREA. The minimum floor area for dwelling units is shown in Table 20-G (Minimum Floor Area: Platinum Triangle Mixed Use (PTMU) Overlay Zone). .010 Calculations. For purposes of this section, a "Bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "Bedroom." Table 20-G MINIMUM FLOOR AREA: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Unit Type Minimum Floor Area Studio Units: 550 square feet One-Bedroom Units: 650 square feet Two-Bedroom Units: 825 square feet Three-Bedroom Units: 1,000 square feet ---PAGE BREAK--- 15 Table 20-G MINIMUM FLOOR AREA: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Unit Type Minimum Floor Area More Than a Three-Bedroom Unit: 1,000 square feet plus 200 square feet for each bedroom over three (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.090 STRUCTURAL SETBACKS. Every building or structure erected under the provisions of this zone shall be provided with setbacks as follows: .010 Setbacks Abutting Public Rights-of-Way, Private Streets and Alleys. .0101 Minimum Open Setback. All properties shall have a minimum open setback for the full width of the property, as indicated in Table 20-H (Structural Setbacks Abutting Public Rights-of-Way, Private Streets and Alleys) and the Platinum Triangle Master Land Use Plan. .01 Setbacks abutting public rights-of-way shall be parallel to the centerline of the adjoining public rights-of-way, and shall be measured from the ultimate right-of-way, as indicated in the Circulation Element of the General Plan. .02 Setbacks abutting private streets or alleys shall be parallel to the centerline of the adjoining private street or alley, and measured from the private access easement. .0102 Required Improvement of Setbacks. Setbacks abutting public rights-of-way, private streets and alleys shall be landscaped with lawn, trees, shrubs or other plants, and/or decorated hard surface expansion of the sidewalk, as set forth in Chapter 18.46 (Landscaping and Screening), Table 20-H and the Platinum Triangle Master Land Use Plan. Setback areas shall be permanently maintained in a neat and orderly manner. .0103 Permitted Encroachments. Setbacks abutting public rights-of-way, private streets and alleys may include the following encroachments: .01 Patios, residential buildings and ground floor commercial uses that encroach into the required street setback no more than the maximum amount allowed per Table 20-H and the Platinum Triangle Master Land Use Plan. .02 Walkway connections to building entrances, provided that special paving treatment or modular paving materials are used. .03 Vehicular and bike accessways. ---PAGE BREAK--- 16 .04 Transit stops. .05 Outdoor seating and dining areas in conjunction with full-service restaurants, coffee shops, and bakeries, provided that such areas shall be designed to not adversely affect the safe and efficient circulation of pedestrian and vehicular traffic. .06 Public art displays, fountains, ponds, planters, outdoor seating areas, benches, decorative trash receptacles, planters, public plazas, or other similar amenities and attractive street furnishings that create public gathering places. .07 Newsracks that are designed to be aesthetically harmonious with the character of the area, and not cause obstruction or adversely affect the safe and efficient circulation of pedestrian and vehicular traffic. .08 Cornices, eaves, belt courses, sills, buttresses and fireplaces that encroach into the required street setback no more than thirty-six (36) inches. .09 Awnings, canopies and arcades. .10 Open, unenclosed balconies that encroach into the required street setback no more than three feet. .11 Covered or uncovered entrances that do not extend above the level of the first floor of the building, and that include a wall not more than thirty-six (36) inches in height that encroaches into the required street setback no more than five feet. .12 Fences, walls and hedges that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) and subsection 18.20.30.020 (Accessory Uses). .0104 Improvement of Walkways Required. Adjacent to Orangewood Avenue, the portion of the setback adjacent to the right-of-way shall be improved with a walkway, as indicated in Table 20-H and as shown in the Platinum Triangle Master Land Use Plan. An easement for said walkway shall be provided to the City. ---PAGE BREAK--- 17 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Katella Avenue 18 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 4 feet • The area between residential patios and the sidewalk/walkway shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved • A date palm matching the date palm in the public right-of-way in spacing and height shall be installed 5 feet from the right-of- way, as indicated on the Platinum Triangle Master Land Use Plan State College Boulevard South of Gene Autry Way: 13 feet North of Gene Autry Way to railroad grade separation: 16 feet North of railroad grade separation: 20 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 4-8 feet • The area between residential patios and the sidewalk/walkway shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved ---PAGE BREAK--- 18 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Gene Autry Way 9.5 feet Patios: 5 feet Residential buildings: 3 feet* Ground floor commercial: 5 feet (outdoor seating areas may encroach 9.5 feet) • The area between residential patios and the sidewalk/walkway shall be fully landscaped • Adjacent to ground floor commercial uses, up to 100% of the setback area may be paved provided required Mexican Fan Palm trees in setback areas are provided 20 feet on-center • A 2.5 foot walkway shall be provided adjacent to right-of- way, scored to match adjacent sidewalk, and an easement provided to the City Orangewood Avenue West of West Dupont Drive: 12 feet East of West Dupont Drive: 15 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 8 feet • The area between residential patios and the sidewalk/walkway shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved • East of State College Boulevard, 2.5 foot walkway shall be provided adjacent to right-of- way, scored to match adjacent sidewalk, and an easement provided to the City, ---PAGE BREAK--- 19 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Douglass Road 14 feet Patios: 8 feet Residential buildings: 3 feet* Ground floor commercial: 3 feet • The area between residential patios and the sidewalk shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved Anaheim Way West side: 5 feet East side: 20 feet None • Setback area shall be fully landscaped Lewis Street South of Katella Avenue: 20 feet North of Katella Avenue: 12 feet None • Setback area shall be fully landscaped Railroad Right-of-Way 10 feet None • Setback area shall be fully landscaped Howell Avenue Sunkist Street Rampart Street 20 feet None • Setback area shall be fully landscaped Market Street 10 feet Ground floor commercial: 4 feet • A maximum 30% of setback area may be landscaped Connector Streets Collector Streets Private Streets 10 feet Patios: 7 feet Residential buildings: 3 feet* Ground floor commercial: 3 feet • The area between residential patios and the sidewalk shall be fully landscaped • Adjacent to ground floor commercial uses, up to 80% of the setback area may be paved ---PAGE BREAK--- 20 Table 20-H STRUCTURAL SETBACKS ABUTTING PUBLIC RIGHTS-OF-WAY, PRIVATE STREETS AND ALLEYS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE *Residential buildings may encroach into the street setback area for no more than 30% of the length of the street elevation. Street Minimum Setback Permitted Encroachments Required Landscape Alleys 10 feet Patios: 2 feet Residential buildings: 2 feet* Ground floor commercial: 2 feet • A minimum 4-foot-wide pedestrian walkway shall be provided parallel to the alley. All other portions of the setback area shall be fully landscaped. Freeways 25 feet None • Setback area shall be fully landscaped .020 Setbacks – Other. An open setback shall be provided between buildings and interior lot lines, and between buildings located on the same project site. Minimum setback requirements shall be measured perpendicular to building walls. .0201 Required Improvement of Setbacks. Required setbacks abutting interior property lines and setbacks between buildings shall be landscaped with lawn, trees, shrubs or other plants, as indicated above and as set forth in Chapter 18.46 (Landscaping and Screening). Setback areas shall be permanently maintained in a neat and orderly manner. .0202 Setbacks Abutting Interior Property Lines. A minimum five foot wide fully landscaped setback area shall be provided for structures abutting an interior property line along the entire length of the building. Where a fence or wall is provided along or adjacent to the interior property line, the five foot wide fully landscaped setback shall be measured from the side of the fence or wall facing the property. .0203 Setbacks Between Buildings. A minimum twenty (20) foot wide setback between parallel walls of two separate buildings shall be provided. At least forty percent (40%) of the setback area between buildings shall be landscaped. .01 Permitted Encroachments. The following encroachments are permitted, provided a minimum of forty percent (40%) of the setback area is landscaped: Open, unenclosed balconies and/or private patios for ground floor residential units may encroach no more than five feet. ---PAGE BREAK--- 21 Covered or uncovered entrances that do not extend above the level of the first floor of the building and that include a wall not more than thirty-six (36) inches in height may encroach no more than five feet. Outdoor recreational facilities. Fountains, ponds, sculptures and planters. Fences, walls and hedges that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges). Paved walkways, benches and plazas. Vehicular accessways. .030 Parking, loading or unloading of privately owned and operated automobiles and other vehicles shall be prohibited in all required setbacks. .040 Required vehicle site distances shall be maintained. No landscaping or other elements such as signs or fences exceeding twenty-four (24) inches in height shall be permitted within the line-of-sight triangle described in Section 18.44.080 (Freestanding and Monument Signs– General) of Chapter 18.44 (Signs) and as shown on the applicable Engineering Standard Detail pertaining to commercial drive approaches unless otherwise approved by the City Traffic and Transportation Manager. .050 Modifications. The setbacks prescribed in this section may be modified in connection with a conditional use permit as set forth in Chapter 18.66 (Conditional Use Permit), provided that minimum landscape requirements are met. (Ord. 5935 1 (part); August 24, 2004: Ord. 5948 § 4; November 9, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6031 § 20: August 22, 2006: Ord. 6075 § 5; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.100 STRUCTURAL LOCATION AND BUILDING ORIENTATION. All buildings shall have the following orientation to the street: .010 All buildings shall be aligned either parallel or at right angles to the street rights-of- way. .020 All buildings adjacent to a public street shall maintain a continuous "street wall," formed by the edge of the building, for a minimum of seventy percent (70%) of the lot/parcel frontage adjacent to the street. .030 With the exception of parking lots and structures for hotels and office buildings, and as otherwise provided for office development in the Orangewood District, parking lots and ---PAGE BREAK--- 22 structures shall not be located directly adjacent to a public street, but shall be placed internal to the block, in a location screened from view of the public right-of-way or subterranean to the building. .040 Parking Structures. Except as otherwise provided for office development in the Orangewood District, parking structures shall be screened from view of the public right-of-way. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6075 § 6; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.110 PUBLIC PARKS, RECREATIONAL-LEISURE AREAS AND LANDSCAPING .010 Public Parks. Public parks shall be provided as follows: .0101 Parcels eight (8.0) acres or larger with residential development totaling more than 325 units, shall provide and construct an on-site public park, at a minimum size of forty-four (44) square feet per residential dwelling unit. .01 Said park shall be bounded on at least one side by a public street with on-street parking. .02 This requirement is in addition to the payment of park-in-lieu fees; however, the value of the parkland dedication will be credited against overall park-in-lieu fees paid for the project. This credit will be given for park land dedication only. No credit will be given for improvements to the park or for recreational-leisure areas, as required subject to subsection 18.20.110.020 (Recreational-Leisure Areas). .0102 Parcels less than eight (8.0) acres in size shall pay a park-in-lieu fee. .020 Recreational-Leisure Areas. Two hundred (200) square feet of recreational-leisure area shall be provided for each dwelling unit, and may be provided by private areas, common areas, or a combination of both. .0201 Common Recreational-Leisure Areas. All common recreational-leisure areas shall be conveniently located and readily accessible from all dwelling units located on the building site, and shall be integrated with, and contiguous to, other common areas on the building site. The common recreational-leisure area may be composed of active or passive facilities, and may incorporate any required setback areas other than setback areas adjacent to public rights-of-way, private streets and alleys and interior property lines, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. The common recreational-leisure area shall have a minimum dimension of ten (10) feet. .01 Improvement of Common Recreational-Leisure Areas. All common recreational- leisure areas shall be landscaped with lawn, trees, shrubs or other plants, as set forth in Chapter ---PAGE BREAK--- 23 18.46 (Landscaping and Screening), with the exception of reasonably required pedestrian walkways and paved recreational facilities, such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen-type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. All required common recreational-leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. Courtyards internal to a project, or enclosed on at least three sides, shall have a minimum width of forty (40) feet, and shall be landscaped with a ratio of hardscape to planting not exceeding a ratio one square foot of landscape to one square foot of hardscape. Pools and spas shall be excluded from this ratio. The base of a building shall be separated from adjacent common recreational- leisure area by a planter allowing a minimum thirty (30) inches planting width. .0202 Private Recreational-Leisure Areas. In order for private patios and balconies to count toward the recreational-leisure area requirement, they must comply with the following: .01 Any private patios for ground floor units shall not be less than one hundred (100) square feet in area, with a minimum dimension of eight feet. .02 Private balconies for dwelling units located entirely above the ground floor shall not be less than seventy (70) square feet in area, with a minimum dimension of seven feet. Private balconies for dwelling units located in high-rise towers, eight stories or higher, shall not be less than thirty-five (35) square feet in area, with a minimum dimension of five feet. .030 Landscaping. Landscaping, including fences, walls and hedges, shall be permitted and/or required subject to the conditions and limitations set forth herein and in Chapter 18.46 (Landscaping and Screening) except that the minimum plant size for a Date Palm, which shall be 30-foot, brown-trunk height, and a Mexican Fan Palm, which shall be 20-foot, brown-trunk height. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord 6004 § 3; November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.120 PARKING, LOADING AND VEHICULAR ACCESS .010 Number of Parking Spaces. .0101 Number of Spaces for Residential Uses. The following minimum parking requirements shall be used in determining parking need: ---PAGE BREAK--- 24 Table 20-I MINIMUM PARKING REQUIREMENTS: PLATINUM TRIANGLE MIXED USE (PTMU) OVERLAY ZONE Total Number of Bedrooms Minimum Number of Parking Spaces Per Unit 1 bedroom 1.5 spaces 2 bedroom 2.0 spaces 3 bedroom 2.5 spaces 4 bedroom 3.5 spaces .0102 Number of Spaces for Non-Residential Uses. The number of parking spaces for non-residential uses shall be determined by the type of use (use class) specified in Table 42-A (Non-Residential Parking Requirements) of Chapter 18.42 (Parking and Loading). .0103 Number of Spaces for Mixed-Use Projects. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and the design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review process by the Planning Services Division of the Planning Department based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the Planning Services Division of the Planning Department and/or its designee. The parking demand study shall be prepared at the property owner/developer’s expense and provided as part of the final site plan application. .0104 On-Street Parking. Parking located on a private or public street directly in front of a use may be considered for parking credit; providing a parking management plan is approved by the City Engineer, which adequately addresses how parking will be limited to the use that it is intended to serve. .0105 Tandem Parking. Tandem Parking may be permitted in conjunction with subterranean parking and tuck-under buildings, where both spaces are assigned to the same designated dwelling unit. .0106 Valet Parking. Valet parking may be permitted in conjunction with subterranean parking, provided valet services are provided for and managed by an on-site management company or homeowner's association. .0107 Drop-off and Pick-Up Locations. Drop-off and pick-up locations shall be incorporated into the design of parking areas, and the number, location and design shall be approved by the City Engineer. .020 Designation of Parking for Residential and Non-Residential Uses. Parking spaces specifically designated for non-residential and residential uses shall be marked by the use of ---PAGE BREAK--- 25 posting, pavement markings, and/or physical separation. Parking design shall incorporate separate entrances and exits, or a designated lane, for residents, so that residents are not waiting in line behind non-residential drivers. .030 Vehicle Access. All vehicle access shall be designed and improved in accordance with the requirements of the City Engineer. .0301 Primary Vehicle Access. Parcels located adjacent to connector or collector streets shall have their primary vehicle access off of said streets. .0302 Minimum Distance Between Driveways of Arterials. The minimum distance between adjacent driveways on the same site or adjacent properties located along arterials shall be not less than three hundred and fifty (350) feet, except as otherwise approved by the City Engineer. .0303 Vehicular Access from Katella Avenue. When two or more parcels or lots located adjacent to Katella Avenue are considered as a single, integrated development, additional driveways may be permitted, subject to the Standard Driveway Detail requirements of the Public Works Department. .0304 Driveway Width Dimensions. Driveways shall be a minimum of twenty-four (24) feet wide, and a maximum of thirty-five (35) feet wide, in order to enhance the pedestrian experience. Wider widths may be allowed if pedestrian circulation is not significantly compromised, subject to the approval of the City's Traffic and Transportation Manager, based on sound engineering practices. .040 Streets. As provided in the Platinum Triangle Master Land Use Plan, connector and collector streets and a Market Street will be required within the PTMU Overlay Zone. The location of these streets shall be in conformance with the Platinum Triangle Master Land Use Plan, and shall be approved by the City Engineer, based on an access and alignment study. Additional connector streets may be required by the City Engineer, based on projected traffic volumes as determined by a traffic study. .0401 The streets shall be designed to comply with the cross sections in the Platinum Triangle Master Land Use Plan; provided that the final width, including supplemental turn lanes if required, shall be determined, based on anticipated traffic volumes analyzed as part of a project specific traffic impact study to be reviewed and approved by the City Engineer. .0402 Traffic-calming and special street design features, such as enhanced paving and parkway tapers at intersections, are permitted and encouraged, subject to the approval of the City Engineer. .050 Loading Areas. Off-street loading spaces shall be provided as follows: ---PAGE BREAK--- 26 .0501 Non-residential uses off-street loading requirements shall comply with the requirements of Section 18.42.100 (Loading Requirements) of Chapter 18.42 (Parking and Loading). .0502 Residential Uses. .01 Residential uses shall have one off-street loading space or moving plaza for every one hundred and fifty (150) units. .02 Loading spaces or moving plazas shall be located near entries and/or elevators. .03 Loading spaces or moving plazas shall be incorporated into the design of vehicular access areas. .04 Decorative paving, removable bollards and potted plants are permitted and encouraged to enhance loading spaces or moving plazas. .05 Loading spaces or moving plazas may be located on a local or connector street, with the approval of the City Traffic and Transportation Manager. The adjacent parkway and setback landscape treatment shall be designed to allow for loading and unloading. (Ord. 5935 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6101 § 13; April 22, 2008: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.130 REFUSE STORAGE AND RECYCLING FACILITIES, AND PRIVATE STORAGE AREAS. .010 Refuse Storage and Recycling Facilities. Refuse storage areas and recycling facilities shall conform to the standards set forth in the document entitled "Refuse Container Enclosure for Multiple-Family Residential, Commercial, and Industrial Use" (Form 139), on file with the City of Anaheim or as otherwise approved by the Director of Public Works, with the additional requirement that the refuse storage facilities for residential and non-residential users shall be maintained as separate facilities, and shall not allow commingling of the separate facilities. The storage areas shall be screened from adjacent public or private rights-of-way, or railroads. .020 Private Storage Areas. General storage cabinets, with a minimum size of one hundred (100) cubic feet capacity, shall be required for each dwelling unit. Provision of said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, or in close proximity to the dwelling unit. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) ---PAGE BREAK--- 27 18.20.140 DESIGN STANDARDS. .010 The design of buildings within the Platinum Triangle shall be of the highest quality in massing, design details and amenities. .020 Amenities. High quality recreational and service amenities to serve the tenants of the residential complexes shall be provided. Such amenities may include, but are not limited to, private health clubs or fitness centers, meeting rooms, recreational rooms, pools, spas, dry cleaning collection and distribution, computer facilities, barbecues, decks, court game facilities, and community fireplaces. .030 Integrated Design. The design of buildings, signs, landscaping and other structures or elements shall feature a unified and integrated theme. .040 Architectural Massing. With the exception of office buildings and hotels, and as otherwise provided for office development in the Orangewood District, buildings shall comply with the following: .0401 Regardless of style, a building shall not have a continuous roof or parapet line exceeding one hundred twenty (120) feet in length, without vertical breaks that cause a change in height of at least six feet. .0402 When a building exceeds two hundred forty (240) feet in length, building height shall step down, in at least one location at least one floor, for a minimum length of twenty- four (24) feet. .0403. The wall plane of a building facade shall not extend longer than eighty (80) feet, without a break in the plane no less than three feet in depth. .050 Facades. .0501 Street wall facades shall be architecturally enhanced through the use of arcades, colonnades, recessed entrances, window details, bays, variation in building materials, and other details such as cornices and contrasting colors. Total blank wall areas (without windows or entrances) are prohibited. In addition to architectural massing requirements, building facades shall be articulated through the use of separated wall surfaces, contrasting colors and materials, variations in building setbacks, and attractive window fenestrations. .0502 Street wall facades shall be integrated with public plazas, mini parks, outdoor dining, and other pedestrian-oriented amenities. .0503 Buildings at corners of any street intersection not identified as requiring landmark architecture in the Platinum Triangle Master Land Use Plan, shall receive special treatment to enhance the pedestrian experience, and create visual interest and focal points at the such as but not limited to, building cut-offs and corner entrances with additional architectural detail. ---PAGE BREAK--- 28 .0504 Tops of building facades shall be visually terminated through the use of cornices, stepped parapets, hip and mansard roofs, stepped terraces, domes and other forms of multifaceted building tops. .060 Architectural Detail. .0601 Buildings on corners must address both streets with an equal level of architectural detail. .0602 Projecting features to create visual interest and distinction between units, such as balconies, porches, bays, and dormer windows, are required. Trim detail on rooflines, porches, windows and doors on street-facing elevations are required. .0603 When trim is used, a minimum of one-inch by four-inch x trim is required. .0604 With stucco walls, a minimum one-inch deep, raised relief around the window is required. .0605 With brick, a minimum two-inch wide brickmold is required around windows. .0606 “Corner Boards” (the board upon which siding is fitted at the corner of a frame structure) are required with wood or simulated wood sidings. .0607 Dormers must be authentic and either be habitable or provide attic ventilation and have a symmetrical gable, hip, shed or curved form. .0608 Windows shall have clear glazing, (panes or sheets of glass) or tinted glazing e.g., low emissivity, solar or spandrel glazing (opaque glass for concealing structural elements). Other types of mirror glazing (including tinted or opaque glass) are not permitted. .0609 Windows shall be recessed (not flush with the wall plane) to create shadow lines and to impart a three-dimensional design feature. .0610 All first floor exterior doors shall be hinged. Sliding glass doors are permitted only above the first floor, and on rear or interior side yard elevations not visible from public rights-of-way or adjacent properties. .0611 Primary wall materials used on the front facade must be repeated on the rear and side elevations. .0612 The lower thirty percent (30 portion of balcony rails shall be finished with a permanent, solid, building material that matches or is otherwise compatible with the building. .0613 Balconies shall provide penetrations in the building mass at least three feet, create shadow, and expose extended wall thickness. ---PAGE BREAK--- 29 .070 Roof Treatments. .0701 Roofs shall be of a monochromic color, and all penetrations and appurtenances shall be painted to match, or be compatible with, the roof color so that their visibility is minimized. .0702 Rooftop mechanical equipment shall be mounted behind major rooftop elements such as stair or elevator penthouses, parapets or architectural projections, so that the equipment is not visible from the adjacent public rights-of-way or adjacent property at grade level. .080 Parking Treatments. .0801 Parking structures shall be screened from view, and shall include architectural detailing, facade treatment, artwork, landscaping, or similar visual features to enhance the street façade, except as otherwise provided for office development in the Orangewood District. .0802 With the exception of parking structures for office buildings and hotels, and as otherwise provided for office development in the Orangewood District, any parking structure facing the street, excluding vehicular access areas, shall be lined with residential, live/work or other usable space, to clad the face of the structure so that it is not visible from the adjacent street. .0803 Subterranean parking structures can extend above grade up to two feet six inches without requiring cladding treatment as required above, except as otherwise provided for office development in the Orangewood District. .0804 Parking structures for office buildings and hotels facing the street shall screen and enhance the design of the parking structure through architectural detailing, landscaping, façade treatment, or similar visual features. .0805 Parking structures shall include a squeal-free floor treatment. .090 Service Areas. Service areas and mechanical/electrical/backflow prevention equipment shall be located and screened to reduce their visibility from public and communal gathering areas; methods of screening that are compatible with the project's architecture shall be utilized. .100 Landmark Architecture. Building architecture on key intersection corners, as shown on the Platinum Triangle Master Land Use Plan, requires special treatment. This treatment shall consist of the following: .1001 Tower element that demonstrates distinctive architectural features on the facade, by providing both greater height and off-set from the building wall plane. .1002 Enhanced pedestrian entry on the corner defined as including at least three of the following characteristics: ---PAGE BREAK--- 30 .01 Oriented on a diagonal to the corner. .02 Setback at least three feet behind the building facade. .03 Two story entrance height and twenty (20) foot entrance width. .04 Canopy, overhang or other architectural covering over the building entry. .05 Other architectural elements of a size and scale easily visible from at least one block away, and customized for that specific corner location. .06 Decorative landscaping, hardscape, planters and/or fountains. .110 Building Treatment Adjacent to Streets. Consistent with the goal of creating walkable and safe neighborhoods, the ground floor of a building, and the space between the building and street, require "pedestrian friendly" design treatments. .1101 Commercial Ground Floor Treatment. Except as otherwise provided for office development in the Orangewood District, when the ground floor is intended for retail or other commercial use in a vertically mixed use building, the ground floor elevation exposed to the street shall provide: .01 Primary pedestrian access directly from the adjacent public street frontage. .02 A maximum eighteen (18) inch deep area, measured out from the face of the building, within which a commercial tenant may customize store front design. .03 A pedestrian signage area at least twenty-four (24) inches in height integrated into the front ground floor elevation of the building. .04 An average of fourteen (14) foot floor to ceiling height on the retail ground floor. .05 Projecting signs. .06 Approximately twice the amount of window area on the ground floor compared to other floors. .07 At least one of the following devices shall be used to visually differentiate the retail from other levels: Minimum two foot and maximum six foot setback between the ground and upper floors; Use of overhangs, awnings or trellis work for at least sixty percent (60%) of the frontage. ---PAGE BREAK--- 31 .1102 Arterial Streets – Residential Ground Floor. When residential ground floor use is adjacent to an arterial street, the ground floor shall be designed to provide the following: .01 At least one residential entry into a communal lobby or courtyard per block. .02 Dwelling unit patios shall be located at least eighteen (18) inches above the sidewalk grade. .1103 Connector Streets – Residential Ground Floor. When residential ground floor use is adjacent to a connector street, regardless of the number of floors, the ground floor shall be designed to provide the following: .01 Communal or individual dwelling unit entries accessible from the adjacent street and/or individual dwelling unit walkway connections to the adjacent street sidewalk. .02 Residential entry stoops, patios or communal entries shall be at least eighteen (18) inches above the sidewalk grade, for a minimum of fifty percent (50%) of the entries along connector streets. .120 Pedestrian Circulation. On-site pedestrian circulation shall be continuous, connect various on-site uses and, where feasible, connect to off-site transit stops. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6075 7-9 September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.150 SIGNS. .010 Coordinated Program. A coordinated sign program is required to be submitted to the Planning Department, per the requirements of subsection 18.44.060.040 (Coordinated Sign Program), prior to the issuance of the first sign permit and shall address the following: .0101 Signs shall complement the architecture of the building and provide a unifying element along the streetscape. .0102 The size, scale, and style of signs shall be internally consistent, and consistent with the scale of the buildings of which they are a part. .0103 Wall signs for ground floor uses shall be placed between the doorway and the upper facade, and shall be located at approximately the same height as all other ground floor wall signs to create a unifying, horizontal pattern. .020 Applicability of Other Regulations. The provisions in Chapter 18.44 (Signs) shall apply to projects within the PTMU Overlay Zone except as listed below. Residential uses shall be subject to the requirements of Section 18.44.070 (Signs in Residential Zones). ---PAGE BREAK--- 32 .0201 Awning signs and projecting signs are permitted for buildings with ground floor commercial uses. .0202 Thematic elements, three-dimensional objects or non-habitable structures, such as a gateway, tower, sculpture, spire and similar architectural features to entertain pedestrians, are permitted. .030 Banners used as temporary Real Estate signs in Mixed Use Developments. In conjunction with obtaining a Special Event Permit (Section 18.38.240), Mixed Use Developments within the PTMU Overlay Zone are permitted to use banners as real estate signage (as defined in Section 18.44.030) if all of the following provisions are met: .0301 Banners shall be kept clean, neatly maintained, with no missing sign copy, or ripped or faded material. Any un-maintained or damaged portion of the banners shall be repaired or replaced immediately. Non-compliance shall constitute a public nuisance and shall be subject to immediate termination of the permit. .0302 Banners shall be no greater than 225 square feet or one percent of the building face to which the banner is attached, whichever is greater. .0303 Banners shall be safely affixed to the building in a manner which ensures the safety of the public. .0304 A maximum of one banner shall be permitted per street frontage. .0305 Banners shall only apply to projects implementing the PTMU Overlay Zone. .0306 Banners shall not be permitted on the same street frontage of a lot that concurrently contains a freestanding real estate sign advertising the same project, as defined by Sections 18.44.180 and 18.44.190. .0307 Banners shall be subject to the time limitations contained in Section 18.44.190.060 regarding Temporary Tract Signs. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.160 COMPATIBILITY STANDARDS. The following standards are intended to ensure the compatibility of uses in a mixed-use project. .010 Security. Residential units shall be designed to ensure the security of residents, through the provision of secured entrances and exits that are separate from the non-residential uses, and are directly accessible to parking areas. Non-residential and residential uses shall not ---PAGE BREAK--- 33 have common entrance hallways or common balconies. These separations shall be shown on the development plan, and the separations shall be permanently maintained. .020 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that neighboring residents are not exposed to offensive noise, especially from traffic, trash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .030 Vibrations and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units on the site. .040 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact surrounding residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, flash or oscillate. .050 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other, the windows shall be offset to maximize privacy. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.170 GATEWAY DISTRICT SUB-AREA B STANDARDS. Multiple-Family development in the Gateway District Sub-Area B shall be subject to the approval of Conditional Use Permit No. 2003-04763, as may be amended from time to time, as set forth in Table 20-A (Primary Uses: Platinum Triangle Mixed Use (PTMU) Overlay Zone) and shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) and shall comply with all of the provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone), except as set forth in Section 18.20.210 (Implementation) or as set forth below: .010 The required setbacks prescribed in Section 18.20.090 (Structural Setbacks) shall be applicable, except as set forth below. .0101 No minimum setback area is required adjacent to the interior southerly property line abutting the City boundary adjacent to the City of Orange. .0102 Where an on-site driveway is provided between two buildings, no minimum landscaped area is required; however, building walls shall be planted with clinging vines. .020 The required public park provision and construction requirements prescribed in subsection 18.20.110.010 (Public Parks) shall not be applicable to development in Sub-Area B; however, payment of park-in-lieu fees is required. ---PAGE BREAK--- 34 .030 The standards prescribed in subsection 18.20.140.040 (Architectural Massing) paragraph .0403 shall not be applicable. .040 The standards prescribed in subsection 18.20.140.060 (Architectural Detail) paragraph .0610 shall not be applicable. .050 The standards prescribed in paragraph 18.20.[PHONE REDACTED] (Arterial Streets - Residential Ground Floor) shall not be applicable. (Ord. 6001 § 1 (part); November 8, 2005: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) 18.20.180 ORANGEWOOD DISTRICT STANDARDS. Office development in the Orangewood District shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) or as set forth below: .010 Architectural Massing. .0101 An office building is permitted to have a continuous roof or parapet line exceeding two hundred forty (240) feet in length without vertical breaks or stepping down one floor. .0102 The wall plane of an office building façade shall not extend longer than one hundred twenty feet (120), without a break in the plane of no less than three feet in depth. .020 Parking Treatments. .0201 Parking structures facing the street are not required to clad the face of the structure with residential, live/work or other usable space. Said structures shall be screened through architectural detailing, landscaping, façade treatment, or similar visual features to disguise the building as a parking structure. .0202 Subterranean parking structures can extend above grade up to two feet six inches subject to screening requirements as listed above. .030 Not withstanding the foregoing, the standards prescribed in subsection .110 (Building Treatment Adjacent to Streets) of Section 18.20.140 shall not be applicable. (Ord. 6075 § 10; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008) 18.20.190 ARTIC, STADIUM AND ARENA DISTRICT STANDARDS. Development in the ARTIC, Stadium and Arena Districts shall comply with all provisions of Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone), except as set forth below: ---PAGE BREAK--- 35 .010 Modification of Development Standards. Notwithstanding any provision to the contrary, the City Council may approve the modification of development standards contained in Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) for development in the ARTIC, Stadium and Arena Districts. A final site plan or master site plan that requires the modification of development standards contained in Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) shall be processed concurrently with the development agreement as required by subsection 18.20.200.020. Before the City Council may approve the modification of development standards pursuant to this Section, it must make a finding of fact in the ordinance approving the development agreement or other written decision that the evidence presented shows that all of the following conditions exist: .0101 That the modification of development standards will not be detrimental to the health, safety, convenience, or welfare of the citizens of Anaheim; and .0102 That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; and .0103 That the proposed development is consistent with the goals and policies of the General Plan and with the purpose and intent of the Platinum Triangle Master Land Use Plan, Chapter 18.20 (Platinum Triangle Mixed Use Overlay Zone) and any other related design criteria; and .0104 That the design and layout of the proposed development will not interfere with existing or proposed development in the surrounding area; and .0105 That adequate provisions have been made for the loading and unloading of persons, supplies and materials in a manner that does not obstruct required parking and accessways or impact adjacent land uses; and .0106 That the proposed development will not limit or adversely affect the growth and development of adjoining lands or the general area in which it is proposed to be located. 18.20.200 IMPLEMENTATION. An approved final site plan and a development agreement between the property owner and the City of Anaheim are required for all development under the PTMU Overlay Zone except as exempt under subsection 18.20.[PHONE REDACTED] (Development Agreement Exemptions). .010 Final Site Plan Review. A final site plan application shall be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and the Platinum Triangle Master Land Use Plan. Said application shall include, but not be limited to, site plans, floor plans, elevations, landscape plans, sign plans and any other such information as determined by the Planning Director. The approved final site plan shall be attached as an exhibit to the development agreement as required ---PAGE BREAK--- 36 pursuant to subsection 18.20.200.020 (Development Agreement) and submitted to Planning Commission and City Council for review at a noticed public hearing. .0101 Master Site Plan. For projects over twelve (12) acres, an approved master site plan may be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan and attached to the development agreement in lieu of an approved final site plan. If a master site plan is attached to the development agreement, final site plans shall be subject to review and approval by the Planning Commission at a noticed hearing and conditions of approval may be imposed by the Planning Commission to ensure conformance with the provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to issuance of building permits. A master site plan shall include any such information as determined by the Planning Director. .0102 Variances. A final site plan or master site plan which includes a request for a variance shall have an application for said variance processed concurrently with the development agreement. .0103 Conditional Use Permit. A final site plan or master site plan which includes a request for a conditional use permit shall have an application for said conditional use permit processed concurrently with the development agreement. .020 Development Agreement. A development agreement shall be processed for all development under the PTMU Overlay Zone per Resolution No. 82R-565 (Procedures Resolution) adopted by the City pursuant to Section 65865 of the Development Agreement Statute, except as otherwise exempt under subsection 18.20.200.020, paragraphs .0202 (Development Agreement Exemptions) and .0203 (Gateway District Sub-Area A final site plan or master site plan found to be in accordance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan shall be attached as an exhibit to said development agreement. .0201 The Platinum Triangle Standardized Development Agreement. For all development in the Katella, Gene Autry, Gateway, Orangewood and Office Districts, the form of the development agreement shall be as approved per City Council Resolution No. 2004-179, as may be amended, on file in the Office of the City Clerk, except as otherwise indicated under subsection 18.20.[PHONE REDACTED] (Development Agreements in conjunction with a Master Site Plan). .0202 Development Agreement Exemptions. Following construction and commencement of operation of a project that has been implemented pursuant to an approved development agreement, the following projects or improvements do not require a development agreement; however, plans for said projects or improvements shall be submitted to the Planning Department for review and approval for consistency with all applicable provisions of the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan prior to the issuance of building, landscape or sign permits. ---PAGE BREAK--- 37 .01 Interior building alterations, modifications or improvements which do not result in an increase in the gross square footage of the building. .02 Minor building additions or improvements interior to or at the rear of a building or development complex which are not visible from the public right-of-way; do not exceed five percent of the building’s gross square footage or one thousand (1,000) square feet, whichever is lesser; are in substantial conformance with the building envelope; and are in conformance with the design plan and the zoning and development standards set forth in this chapter. .03 Exterior façade improvements which do not add to the gross square footage of a building or development complex, are not visible from the public right-of-way, and are in substantial conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. .04 Signage, including wall signs and on-site directional/informational signs and which signs are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. .05 Landscape/hardscape improvements or modifications which are not in connection with building modifications and are in conformance with the PTMU Overlay Zone and Platinum Triangle Master Land Use Plan. .06 Conditionally permitted uses that will not increase the square footage or parking demand of the existing development as determined by the Planning Director and City Engineer. .0203 Gateway District Sub-Area B. Multiple-Family development in the Gateway District Sub-Area B, as authorized by approved Conditional Use Permit No. 2003-04763, shall be exempt from the requirement for the property owner to enter into a development agreement with the City of Anaheim. .0204 Development Agreements in conjunction with a Master Site Plan. The form of a development agreement used in conjunction with a master site plan for all development within the Katella, Gene Autry, Gateway, Orangewood and Office Districts shall be as approved per City Council Resolution No. 2004-179, as it may be amended, on file in the Office of the City Clerk, with the exception that the term “final site plan” shall be replaced with “master site plan” and that time extensions may be requested provided that project milestones are met as indicated in the development agreement. .030 Environmental Review. Development agreement review by the Planning Commission shall include an environmental determination for the proposed project as depicted in the final site plan or master site plan. (Ord. 5935 § 1 (part); August 24, 2004: Ord. 6001 § 1 (part); November 8, 2005: Ord. 6031 § 21: August 22, 2006: Ord. 6075 § 11; September 11, 2007: Ord. 6103 § 1 (part); April 22, 2008: Ord 6120 § 4 (part); October 28, 2008.) ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 B APPENDIX B The Platinum Triangle Standardized Development Agreement ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form - Mixed Use Districts RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts i DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND TABLE OF CONTENTS PAGE RECITALS Section 1. DEFINITIONS 1.1 Assessment District 1.2 Authorizing Ordinance 1.3 City 1.4 Development 1.5 Development Agreement 1.6 Development Agreement Date 1.7 Development Agreement Statute 1.8 Development Approvals 1.9 Enabling Ordinance 1.10 Existing Land Use Regulations 1.11 Final Site Plan 1.12 Gross Floor Area/GFA 1.13 Interim Development Fees 1.14 Mortgage 1.15 Mortgagee 1.16 Owner 1.17 Parking Areas 1.18 Permitted Development 1.19 Platinum Triangle 1.20 Procedures Resolution 1.21 Project 1.22 Property 1.23 Support Commercial Uses 1.24 Term 1.25 Zoning Section 2. TERM Section 3. BINDING COVENANTS Section 4. EFFECT OF AGREEMENT Section 5. PROJECT LAND USES ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ii Section 6. PERMITTED DEVELOPMENT 6.1 Description of Permitted Buildings 6.2 Parking Areas Section 7. DENSITY OF PERMITTED BUILDINGS Section 8. ENFORCEMENT Section 9. PUBLIC IMPROVEMENTS AND SERVICES 9.1 Public Park 9.2 Utilities (Water, Electrical, Gas, Sewer, & Drainage) 9.2.1 Water Service 9.2.2 Sanitary Sewer and Storm Drains 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities 9.4 Traffic Circulation Improvements Section 10. REIMBURSEMENT PROVISION Section 11. DEDICATIONS AND EXACTIONS Section 12. FEES, TAXES AND ASSESSMENT 12.1 Fees, Taxes and Assessments 12.2 Platinum Triangle Interim Development Fees 12.2.1 Electrical Utilities Undergrounding Fee 12.2.2 General Plan and Environmental Processing Fee 12.2.3 Library Facilities Fee 12.3 Excluded Development 12.3.1 Water Utilities Fees 12.3.2 Electrical Utilities Fees 12.3.3 City Processing Fees 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District 12.5 Accounting of Funds 12.6. Imposition of Increased Fees, Taxes or Assessments Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES Section 15. TIMING OF DEVELOPMENT Section 16. EXISTING USES Section 17. FUTURE APPROVALS ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts iii 17.1 Basis for Denying or Conditionally Granting Future Approvals 17.2 Standard of Review 17.3 Future Amendments to Final Site Plan Section 18. AMENDMENT 18.1 Initiation of Amendment 18.2 Procedure 18.3 Consent 18.4 Amendments 18.5 Effect of Amendment to Development Agreement Section 19. NON-CANCELLATION OF RIGHTS Section 20. BENEFITS TO CITY Section 21. BENEFITS TO OWNER Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE Section 23. RESERVED AUTHORITY 23.1 State and Federal Laws and Regulations 23.2 Model Codes 23.3 Public Health and Safety Section 24. CANCELLATION 24.1 Initiation of Cancellation 24.2 Procedure 24.3 Consent of OWNER and CITY Section 25. PERIODIC REVIEW 25.1 Time for Review 25.2 OWNER's Submission 25.3 Findings 25.4 Initiation of Review by City Council Section 26. EVENTS OF DEFAULT 26.1 Defaults by OWNER 26.2 Specific Performance Remedy 26.3 Liquidated Damages Remedy Section 27. MODIFICATION OR TERMINATION 27.1 Notice to OWNER 27.2 Public Hearing 27.3 Decision ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts iv 27.4 Standard of Review 27.5 Implementation 27.6 Schedule for Compliance Section 28. ASSIGNMENT 28.1 Right to Assign 28.2 Release upon Transfer Section 29. NO CONFLICTING ENACTMENTS Section 30. GENERAL 30.1 Force Majeure 30.2 Construction of Development Agreement 30.3 Severability 30.4 Cumulative Remedies 30.5 Hold Harmless Agreement 30.6 Cooperation in the Event of Legal Challenge 30.7 Public Agency Coordination 30.8 Initiative Measures 30.9 Attorneys’ Fees 30.10 No Waiver 30.11 Authority to Execute 30.12 Notice 30.12.1 To Owner 30.12.2 To City 30.13 Captions 30.14 Consent 30.15 Further Actions and Instruments 30.16 Subsequent Amendment to Authorizing Statute 30.17 Governing Law 30.18 Effect on Title 30.19 Mortgagee Protection 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure 30.21 Bankruptcy 30.22 Disaffirmance 30.23 No Third Party Beneficiaries 30.24 Project as a Private Undertaking 30.25 Restrictions 30.26 Recitals 30.27 Recording 30.28 Title Report 30.29 Entire Agreement 30.30 Successors and Assigns 30.31 OWNER’s Title of Property 30.32 Exhibits ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts v LIST OF EXHIBITS Exhibit Legal Description of the Property Exhibit Final Site Plan Exhibit Conditions of Approval Exhibit Platinum Triangle Interim Development Fees Exhibit “D-1” Electrical Utilities Undergrounding Fee Exhibit “D-2" General Plan and Environmental Processing Fee Exhibit “D-3" Library Facilities Fee Exhibit Development Requirements and Maintenance Obligations Exhibit Preliminary Title Report ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 1 DEVELOPMENT AGREEMENT NO. 2007-00002 BETWEEN THE CITY OF ANAHEIM AND This Development Agreement is entered into this day of , 20__, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY") (referred to herein as "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division l of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute"). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the City’s vision for development of the City of Anaheim (the “General Plan Amendment”), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (“FEIR No. 330"), in conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY’s zoning code, and a series of related actions. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 2 D. CITY desires that the approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called “Platinum Triangle") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment. E. In order to carry out the goals and policies of the General Plan for the Platinum Triangle, on May 25, 2004, the City Council approved the Platinum Triangle Master Land Use Plan, setting forth the new vision for the Platinum Triangle. F. To further implement the goals and policies of the General Plan for the Platinum Triangle, the City Council has established the Platinum Triangle Mixed-Use (PTMU) Overlay Zone (hereinafter the “PTMU Overlay Zone”) consisting of approximately three hundred and eighty-three acres within the Platinum Triangle as depicted in the Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. On October 25, 2005, the Anaheim City Council certified Final Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the updated and modified Mitigation Monitoring Program No. 106A (“FSEIR No. 332”) to provide for the implementation of the Platinum Triangle Master Land Use Plan, and in conjunction with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code Amendment No. 2004-00036 and a series of related actions. H. the Anaheim City Council adopted General Plan Amendment No. 2008-00471 and approved an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) and certified EIR No. 2008-00339, to increase the maximum number of dwelling units permitted in the PTMU Overlay Zone to 18,909 dwelling units, increase the maximum number of commercial square footage to4,909,682, increase the maximum number of office square footage to 14,340,522 and add 1,500,000 square feet of square footage of institutional land uses. I. OWNER represents that it owns in fee approximately acres of real property located at in the City of Anaheim, County of Orange (hereinafter "County"), State of California, (hereinafter collectively called the “Property") in the Platinum Triangle and zoned PTMU Overlay and more particularly shown and described on Exhibit attached hereto and made a part hereof by this reference. J. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a all as more particularly set forth in the Final Site Plan (hereinafter collectively referred to as the "Project"). ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 3 K. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. L. Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. M. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring Program No. 106 C and Mitigation Monitoring Plan No. for the Project, CITY is requiring that OWNER construct and install certain public improvements, including off-site traffic circulation improvements, and provide other public benefits. N. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development Agreement. O. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R-565 (the "Procedures Resolution") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. P. On as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application"). The Application included a proposed development agreement (the "Proposed Development Agreement"). Q. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 4 R. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. S. On that date, the City Planning Commission, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined and recommended that the City Council find that previously-certified FSEIR No. 339, together with the Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. T. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: is consistent with the CITY's existing General Plan, is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, is compatible with the orderly development of property in the surrounding area and is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC . U. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. V. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. W. On that date, the City Council, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, did find and determined that previously-certified FSEIR No. 339, together with the Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. X. On , 20 , the City Council found and determined that this Development Agreement: is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 5 entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. Y. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services within the Platinum Triangle, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. Z. On , 20 , the City Council adopted the Authorizing Ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District. "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY. l.2 Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. l.3 CITY. The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. l.4 Development. "Development" means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 6 Project whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.5 Development Agreement. “Development Agreement” means this Development Agreement and any subsequent amendments to this Development Agreement which have been made in compliance with the provisions of this Development Agreement, the Development Agreement Statute, the Enabling Ordinance, and the Procedures Resolution. l.6 Development Agreement Date. The "Development Agreement Date" means the latest of the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. l.7 Development Agreement Statute. The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.8 Development Approvals. "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.9 Enabling Ordinance. The "Enabling Ordinance" means Ordinance No. 4377 enacted by the CITY on November 23, 1982. 1.10 Existing Land Use Regulations. “Existing Land Use Regulations” mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, the Platinum Triangle Master Land Use Plan, Updated and Modified Mitigation Monitoring Program No. 106C, and all other ordinances of the City establishing subdivision standards, park regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Ordinance and such other regulations are not inconsistent with this Development Agreement. Existing Land Use Regulations do not include non-land use regulations, which includes taxes. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 7 1.11 Final Site Plan. The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit attached hereto and made a part hereof by this reference. 1.12 Gross Floor Area/GFA. "Gross Floor Area" or "GFA" means the gross floor area of any buildings which are part of the Permitted Development. 1.13 Interim Development Fees. "Interim Development Fees" are the fees imposed within the Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of this Agreement. 1.14 Mortgage. "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.15 Mortgagee. "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.16 OWNER. "OWNER" is and any person or entity with which or into which may merge, and any person or entity who may acquire substantially all of the assets of and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with the provisions of Section 27 (Assignment) of this Development Agreement. 1.17 Parking Areas. The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.18 Permitted Development. "Permitted Development" includes all buildings and the Parking Areas as identified in Section 6 of this Development Agreement and as further set forth in the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for all Permitted Development as set forth in the Final Site Plan. 1.19 Platinum Triangle. “Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.20 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.21 Project. The "Project" means the development project contemplated by the Final Site Plan with respect to the Property, including but not limited to on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement and the Development Approvals. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 8 1.22 Property. The "Property" means that certain real property shown and described on Exhibit to this Development Agreement. 1.23 Support Commercial Uses. "Support Commercial Uses" are commercial\retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses in keeping with the nature of the Project and the required uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in the Platinum Triangle. 1.24 Term. "Term" is defined in Section 2 of this Development Agreement. 1.25 Zoning Code. “Zoning Code” refers to Title 18 of the Anaheim Municipal Code. Section 2. TERM. 2.1 The term (hereinafter called "Term") of this Development Agreement shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five years thereafter, terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 25 and Section 27, respectively, of this Development Agreement, and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 15 of this Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, directed to CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project pursuant to the terms of this Development Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 9 Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any necessary site plan, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES. 5.1 The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The Term, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED DEVELOPMENT. 6.1 Description of Permitted Development. The Permitted Development shall be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas. 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 issuance of the first building permit, the Owner shall record a covenant against the property in a form approved by the City Attorney’s Office that requires Owner and its heirs, assignees and successor-in-interests to reimburse the City for the full cost associated with the use of any Police Department and/or ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 10 Traffic Management Center staff that may be needed for traffic control purposes related to the use of Parking Areas for public parking in connection with events in the Platinum Triangle, including events at Angel Stadium, the Honda Center, or the Grove of Anaheim. Section 7. DENSITY OF PERMITTED BUILDINGS. The Permitted Buildings shall be between the minimum and maximum sizes, and shall not exceed the maximum heights and maximum footprints set forth on the Final Site Plan. Section 8. ENFORCEMENT. Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 23 of this Development Agreement. Section 9. PUBLIC IMPROVEMENTS AND SERVICES. In addition to performing any other obligations heretofore imposed as conditions of approval set forth in Exhibit as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area-wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s)-of-way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s)-of-way within four months after OWNER begins its efforts to so acquire said right(s)-of-way, CITY shall negotiate the purchase of the necessary right(s)-of-way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this Section, CITY may use its powers of eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s)-of-way to enable OWNER to construct the public improvements required by, or ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 11 otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Public Park. If the Property is eight or more acres with residential development totaling more than 325 dwelling units, Owner shall be required to dedicate, improve and maintain a minimum size of 44 square feet for each residential unit for public park purposes as set forth in the Final Site Plan. The value of the parkland dedication will be credited against overall park in lieu fees paid for the project. Consistent with existing Code requirements and policies, not credit will be given for improvements. 9.2 Utilities (Water, Electrical, Gas, Sewer, and Drainage). OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Development on the Property or that are displaced by the construction of the Permitted Development. As OWNER submits detailed construction plans in order to obtain building permits for the Permitted Development and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.2.1 Water Service. OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. Alternatively, at OWNER’S election, the water system may be constructed incrementally, provided that said incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the terms of Rule l5D for the advancement of additional funds to construct the upgraded water facilities. 9.2.2 Sanitary Sewer and Storm Drains. Prior to final building and zoning inspections for the first building within the Permitted Development, OWNER will construct all sanitary sewers and storm drains and appurtenant structures (including treatment control BMP’s as required by the WQMP) to serve the ultimate development of the Property as provided by areawide engineering studies to be conducted prior to issuance of any building permits for the first building within the Permitted Development and updated prior to the issuance of any building permits for each subsequent building within the Permitted Development. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems may be constructed incrementally subject to the approval ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 12 of the City Engineer, provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities. The timing, phasing and sequence of the construction of public improvements and facilities or the payment of fees therefor shall be constructed or paid in accordance with the timing, phasing and sequence set forth in this Development Agreement and the Final Site Plan 9.4 Traffic Circulation Improvements. In order to assist CITY in providing for area-wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project including all applicable measures from the Updated and Modified Mitigation Monitoring Program 106C approved in conjunction with Subsequent EIR No. 339, and Mitigation Monitoring Plan No. as shown on the Final Site Plan. Section 10. REIMBURSEMENT PROVISION. In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefited properties. All costs associated with establishing said mechanisms shall be paid by OWNER. Section 11. DEDICATIONS AND EXACTIONS. Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for dedication the rights-of-way, including the public connector streets, collector streets and Market Street, if applicable, and other areas as more fully set forth in the Final Site Plan for the uses set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER's offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. Section 12. FEES, TAXES, AND ASSESSMENTS. 12.1 Fees, Taxes and Assessments. OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2 Platinum Triangle Interim Development Fees. CITY anticipates that a number of fees will be adopted to pay the costs attributable to new development in the Platinum Triangle. The Interim Development Fees constitute amounts estimated by the applicable City Departments to be the approximate fair share of costs attributable to the Project. If an identified fee has been ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 13 adopted prior to issuance of the certificate of occupancy for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted prior to the issuance of said certificate of occupancy, the OWNER shall pay the applicable Platinum Triangle Interim Development Fees set forth in attached Exhibit If the OWNER has paid a Platinum Triangle Interim Development Fee, and upon subsequent adoption of a corresponding fee it is determined that the OWNER has paid an amount greater than the amount payable pursuant to the adopted fee, the excess amount paid as an Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated to adopt any of the identified fees. If any such identified fee is not adopted, the parties agree that the Interim Development Fee is adequate to address the impacts of the Project. 12.2.1 Electrical Utilities Undergrounding Fee. OWNER will pay an Electrical Utilities Undergrounding Fee as set forth in Exhibit 12.2.2 General Plan and Environmental Processing Fee. OWNER will pay a processing FEE attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for the Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs are set forth in Exhibit 12.2.3 Library Facilities Fee. OWNER will pay a Library Facilities Fee as set forth in Exhibit 12.3 Excluded Development Fees. Fees Excluded from Existing Land Use Regulations. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 12.3.1 Water Utilities Fees. OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within the Platinum Triangle. 12.3.2 Electrical Utilities Fees. OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 12.3.3 City Processing Fees. OWNER shall pay all standard City-wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District. Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney’s Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 14 Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds. CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 12.6 Imposition of Increased Fees, Taxes or Assessments. Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY, except as otherwise provided in this Development Agreement. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the approval or implementation of the project. Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions (CC&Rs) applicable to the Property in a form and content satisfactory to the Planning Director, City Engineer and the City Attorney incorporating the requirements and obligations set forth in Exhibit to this Agreement, entitled the “Development Requirements and Maintenance Obligations.” Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. OWNER consents to, and waives any right it may have now or in the future to challenge the legal validity of the conditions, requirements, policies or programs required by Existing Land Use Regulations or this Development Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Section 15. TIMING OF DEVELOPMENT. Timing of Development shall be as set forth in the Final Site Plan. Section 16. EXISTING USES. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 15 CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. When those existing uses are demolished, no credit for any such demolished square footage for which Interim Development Fees have not been paid will be given OWNER against Interim Development Fees due on a square footage basis as provided for in this Development Agreement. OWNER will pay the full Interim Development Fees for Permitted Development constructed pursuant to the Final Site Plan. Section 17. FUTURE APPROVALS. 17.1 Basis for Denying or Conditional Granting Future Approvals. Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 17.2 Standard of Review. The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 17.3 Future Amendments to Final Site Plan. Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 18.4 of this Development Agreement may subject the portion or portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to the unamended portions of the Final Site Plan. Section l8. AMENDMENT. 18.1 Initiation of Amendment. Either party may propose an amendment to this Development Agreement. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 16 18.2 Procedure. Except as set forth in Section 18.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 18.3 Consent. Except as provided elsewhere within this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 18.4 Amendments. Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties find that changes or adjustments are necessary or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. l8.5 Effect of Amendment to Development Agreement. The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section l9. NON-CANCELLATION OF RIGHTS. Subject to defeasance pursuant to Sections 25, 26 or 27 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. Section 20. BENEFITS TO CITY. The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are not limited to, the following: a. The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on-site and area-wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to encourage development of the Platinum Triangle; and b. The considerations set forth in Sections 9 and 10 of this Development Agreement. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 17 Section 21. BENEFITS TO OWNER. OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this section. Section 23. RESERVED AUTHORITY. 23.1 State and Federal Laws and Regulations. In the event that the State or Federal laws or regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 18 23.2. Model Codes. This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 23.3 Public Health and Safety. This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 23.2 of this Development Agreement which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that such rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 24. CANCELLATION. 24.1 Initiation of Cancellation. Either party may propose cancellation of this Development Agreement. 24.2 Procedure. The procedure for proposing a cancellation of and canceling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 24.3 Consent of OWNER and CITY. Any cancellation of this Development Agreement shall require the mutual consent of OWNER and CITY. Section 25. PERIODIC REVIEW. 25.1 Time for Review. CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER's failure to comply with the timing schedules set forth in the Final Site Plan shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. 25.2 OWNER's Submission. Each year, not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 19 CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 25.3 Findings. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 25.4 Initiation of Review by City Council. In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 26. EVENTS OF DEFAULT. 26.1 Defaults by OWNER. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 26.2 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 20 implementation of this Development Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine sum of the money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 26.3 Liquidated Damages Remedy. The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of One Hundred Thousand Dollars ($100,000.00) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section 26. Section 27. MODIFICATION OR TERMINATION. If pursuant to Section 26.1 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. 27.1 Notice to OWNER. CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY’s findings. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 21 27.2 Public Hearing. The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty-days after the City Council gives notice to OWNER. 27.3 Decision. The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefor not more than ten (10) days following completion of the public hearing. 27.4 Standard of Review. Any determination by CITY to terminate this Development Agreement because OWNER has not complied in good faith with the terms of this Development Agreement must be based upon a finding by the City Council, based on the preponderance of evidence, that OWNER is in default and has not cured that default in the timeframe permitted by Sections 25 and 26 above, as applicable. 27.5 Implementation. Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 27.6 Schedule for Compliance. Setting a reasonable time schedule for compliance with this Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to amendment or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. Section 28. ASSIGNMENT. 28.1 Right to Assign. OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and the agreement between OWNER and such transferee shall provide that either ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 22 OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and/or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 28.2 Release Upon Transfer. It is understood and agreed by the parties that the Property may be subdivided following the Development Agreement Date. One or more of such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER’s obligations set forth in Section 9 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights and interests under this Development Agreement as permitted pursuant to the Section 28.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that OWNER is not then in default under this Development Agreement, OWNER has provided to CITY the notice of such transfer specified in Section 28.1 above, the transferee executes and delivers to CITY a written agreement in which the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non-compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section shall be self-executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 29. NO CONFLICTING ENACTMENTS. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 23 Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. Section 30. GENERAL. 30.1 Force Majeure. The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 30.2 Construction of Development Agreement. The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY’s police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY’s governmental powers over the Property. 30.3 Severability. If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and/or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 24 30.4 Cumulative Remedies. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 30.5 Hold Harmless Agreement. OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents’, or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER’s or the CITY’s contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 30.6 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and/or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action. OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of any such legal action. 30.7 Public Agency Coordination. CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Property or the Project. 30.8 Initiative Measures. Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 25 Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as law or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 30.9 Attorneys' Fees. In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys fees and costs. 30.10 No Waiver. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non- performance of the same or other covenants and conditions hereof. 30.11 Authority to Execute. The person executing this Development Agreement on behalf of OWNER warrants and represents that he/she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that he/she has the authority to bind OWNER to the performance of OWNER's obligations hereunder. 30.12 Notice. 30.12.1 To OWNER. Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed; to OWNER as follows: or such changed address as OWNER shall designate in writing to CITY. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 26 30.12.2 To CITY. Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney City of Anaheim P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER. Alternatively, notices to CITY may also be personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. 30.13 Captions. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 30.14 Consent. Any consent required by the parties in carrying out the terms of this Development Agreement shall not unreasonably be withheld. 30.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 27 execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 30.16 Subsequent Amendment to Authorizing Statute. This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 23.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 30.17 Governing Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 30.18 Effect on Title. OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 30.19 Mortgagee Protection. Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non-compliance within thirty (30) days after obtaining possession. If any such default or non-compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 28 or cure such default or non-compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 30.21 Bankruptcy. Notwithstanding the foregoing provisions of Section 30.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 30.22 Disaffirmance. 30.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 30.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 30.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER’s default; and 30.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. 30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 30.22.1 above, nor to cure any default of OWNER referred to above. 30.23 No Third Party Beneficiaries. This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 30.24 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 29 the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 30.25 Restrictions. Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 30.26 Recitals. The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 30.27 Recording. The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 30.28 Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER’s legal and equitable ownership interest in the Property, current within six months, unencumbered except for the exceptions (hereinafter the “Permitted Exceptions”) set in the preliminary title report for the Property dated May 24, 2007, attached hereto as Exhibit (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER’s legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. 30.29 Entire Agreement. This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 30.30 Successors and Assigns. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 30 30.31 OWNER's Title of Property. Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER’s fee title to Property. 30.32 Exhibits. All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. “CITY” “OWNER” CITY OF ANAHEIM, a municipal corporation By: By: Mayor Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts 31 ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT LEGAL DESCRIPTION OF THE PROPERTY ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT FINAL SITE PLAN ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT CONDITIONS OF APPROVAL ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT “D-1" ELECTRIC UTILITIES UNDERGROUNDING FEE Residential Uses $9.92 per unit The Platinum Triangle Master Land Use Plan and the Underground Conversion Program envision that the public utilities along Katella Avenue, between the State College Boulevard and Anaheim Way will need to be undergrounded. The City-owned facilities will be undergrounded using City funds, pursuant to the Rule No. 20 of the City of Anaheim Rates, Rules & Regulations. Some of the facilities along Katella Avenue are owned by Southern California Edison (SCE). Moneys available to underground City-owned facilities may not be used to underground SCE facilities. The interim fee will collect the funds necessary to underground the SCE lines, and thereby significantly improve the appearance of the Platinum Triangle. The cost to underground the SCE lines is estimated at $187,505. These funds will be collected by imposing an interim fee on the residential units planned in the Platinum Triangle. The formula for calculating the fee is the following: Cost to Underground SCE lines = Per-Unit Fee Number of residential units The Per-Unit fee is calculated at: $187,505 = $9.92 per Unit 18,909 Units ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT “D-2" GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Residential Uses: $24.00 per unit Non-residential Uses: $0.03 per sq. ft. These fees are intended to recover the costs associated with the Platinum Triangle including the designation of portions of the Platinum Triangle for mixed use and office development by the General Plan, the Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay, the Platinum Triangle Standardized Development Agreement Form, Zone Reclassifications, all other associated documents and amendments thereto, and all associated environmental documentation. The fees are based upon the following calculations: Costs Consultant Contract Costs: $670,623 (includes costs related to DSEIR No. 339) Planning Department Costs: $456,765 (to be updated with costs related to DSEIR No. 339) Public Works Costs: $41,325 (to be updated with costs related to DSEIR No. 339) $1,168,713 (to be updated with costs related to DSEIR No. 339) New Development Allowed in the Platinum Triangle Non-Residential Uses 14,340,522 square feet office development 4,909,682 square feet commercial development + 1,500,000 square feet institutional 20,750,204 total square feet non-residential development Residential Uses 18,909 residential units x 800 square feet (estimated average unit size) 15,127,200 total square feet of residential development Total Square Feet 20,750,204 total square feet non-residential development + 15,127,200 total square feet of residential development 35,877,404 total square feet of residential and non-residential uses Fees (to be updated with DSEIR Planning and Public Works Costs) $1,168,713 costs = $0.03 per square foot 35,877,404 total square feet Non Residential Uses: $0.03 per square foot Residential Uses: $24.00 per unit ($0.03 x 800 square feet) ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT “D-3" LIBRARY FACILITIES FEE Residential Uses $486.77 per unit The increase of density in the Platinum Triangle to an expected population over 27,000 residents requires the inclusion of a library facility in the Platinum Triangle. The library facilities fee includes the cost of the purchase of a 10,000 square foot commercial condominium shell space with 50 assigned parking spaces as well as FF&E and an opening day collection. The projected project cost for a 10,000 square foot library facility in the Platinum Triangle is $8,004,000. The individual unit library impact fee for the Platinum Triangle is now $486.77 per unit. ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts EXHIBIT PRELIMINARY TITLE REPORT ---PAGE BREAK--- Appendix B1 Platinum Triangle Standardized Development Agreement Form Mixed Use Districts ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form – Office District RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District i DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND TABLE OF CONTENTS PAGE RECITALS Section 1. DEFINITIONS 1.1 Assessment District 1.2 Authorizing Ordinance 1.3 City 1.4 Development 1.5 Development Agreement 1.6 Development Agreement Date 1.7 Development Agreement Statute 1.8 Development Approvals 1.9 Enabling Ordinance 1.10 Existing Land Use Regulations 1.11 Final Site Plan 1.12 Gross Floor Area/GFA 1.13 Interim Development Fees 1.14 Mortgage 1.15 Mortgagee 1.16 Owner 1.17 Parking Areas 1.18 Permitted Development 1.19 Platinum 1.20 Procedures Resolution 1.21 Project 1.22 Property 1.23 Support Commercial Uses 1.24 Term 1.25 Zoning Section 2. TERM Section 3. BINDING COVENANTS Section 4. EFFECT OF AGREEMENT ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ii Section 5. PROJECT LAND USES Section 6. PERMITTED DELOPMENT 6.1 Description of Permitted Development 6.2 Parking Areas Section 7. DENSITY OF PERMITTED DEVELOPMENT Section 8. ENFORCEMENT Section 9. PUBLIC IMPROVEMENTS AND SERVICES 9.1 Utilities (Water, Electrical, Gas, Sewer, and Drainage) 9.1.1 Water Service 9.1.2 Sanitary Sewer and Storm Drains 9.2 Timing, Phasing and Sequence of Public Improvements and Facilities 9.3 Traffic Circulation Improvements Section 10. REIMBURSEMENT PROVISION Section 11. DEDICATIONS AND EXACTIONS Section 12. FEES, TAXES AND ASSESSMENT 12.1 Fees, Taxes and Assessments 12.2 General Plan and Environmental Processing Fee 12.3 Excluded Development 12.3.1 Water Utilities Fees 12.3.2 Electrical Utilities Fees 12.3.3 City Processing Fees 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District 12.5 Accounting of Funds 12.6. Imposition of Increased Fees, Taxes or Assessments Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES Section 15. TIMING OF DEVELOPMENT Section 16. EXISTING USES Section 17. FUTURE APPROVALS 17.1 Basis for Denying or Conditionally Granting Future Approvals 17.2 Standard of Review 17.3 Future Amendments to Final Site Plan ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District iii Section 18. 18.1 Initiation of Amendment 18.2 Procedure 18.3 Consent 18.4 Amendments 18.5 Effect of Amendment to Development Agreement Section 19. NON-CANCELLATION OF RIGHTS Section 20. BENEFITS TO CITY Section 21. BENEFITS TO OWNER Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE Section 23. RESERVED 23.1 State and Federal Laws and Regulations 23.2 Model Codes 23.3 Public Health and Safety Section 24. CANCELLATION 24.1 Initiation of Cancellation 24.2 Procedure 24.3 Consent of OWNER and CITY Section 25. PERIODIC 25.1 Time for Review 25.2 OWNER's Submission 25.3 25.4 Initiation of Review by City Council Section 26. EVENTS OF DEFAULT 26.1 Defaults by OWNER 26.2 Specific Performance Remedy 26.3 Liquidated Damages Remedy Section 27. MODIFICATION OR TERMINATION 27.1 Notice to OWNER 27.2 Public Hearing 27.3 Decision 27.4 Standard of Review 27.5 Implementation 27.6 Schedule for Compliance ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District iv Section 28. ASSIGNMENT 28.1 Right to Assign 28.2 Release upon Transfer Section 29. NO CONFLICTING ENACTMENTS Section 30. GENERAL 30.1 Force Majeure 30.2 Construction of Development Agreement 30.3 Severability 30.4 Cumulative Remedies 30.5 Hold Harmless Agreement 30.6 Cooperation in the Event of Legal Challenge 30.7 Public Agency Coordination 30.8 Initiative Measures 30.9 Attorneys’ Fees 30.10 No Waiver 30.11 Authority to Execute 30.12 Notice 30.12.1 To OWNER 30.12.2 To CITY 30.13 Captions 30.14 Consent 30.15 Further Actions and Instruments 30.16 Subsequent Amendment to Authorizing Statute 30.17 Governing Law 30.18 Effect on Title 30.19 Mortgagee Protection 30.20 Notice of Default to Mortgagee; Right of Mortgagee to Cure 30.21 Bankruptcy 30.22 Disaffirmance 30.23 No Third Party Beneficiaries 30.24 Project as a Private Undertaking 30.25 Restrictions 30.26 Recitals 30.27 Recordings 30.28 Title Report 30.29 Entire Agreement 30.30 Successors and Assigns 30.31 OWNER’S Title to Property 30.32 Exhibits ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District v LIST OF EXHIBITS Exhibit Legal Description of the Property Exhibit Final Site Plan Exhibit Conditions of Approval Exhibit General Plan and Environmental Processing Fee Exhibit Development Requirements and Maintenance Obligations Exhibit Preliminary Title Report ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 1 DEVELOPMENT AGREEMENT NO. BETWEEN THE CITY OF ANAHEIM AND This Development Agreement is entered into this day of , 20__, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY") and (referred to herein as "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division l of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute"). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004-00419 setting forth the CITY’s vision for development of the City of Anaheim, and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (“FEIR No. 330"), in conjunction with its consideration and approval of General Plan Amendment No. 2004-00419, amendment of the Zoning Code, and a series of related actions. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 2 D. CITY desires that the approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called the “Platinum Triangle") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment. E. In order to carry out the goals and policies of the General Plan for the Platinum Triangle, on May 25, 2004, the City Council approved the Platinum Triangle Master Land Use Plan, setting forth the new vision for the Platinum Triangle. F. To further implement the goals and policies of the General Plan for the Platinum Triangle, the City Council has established the Platinum Triangle Mixed-Use (PTMU) Overlay Zone (hereinafter the “PTMU Overlay Zone”) consisting of approximately three hundred and eighty-three acres within the Platinum Triangle as depicted in the Platinum Triangle Master Land Use Plan to provide opportunities for high quality well-designed development projects that could be stand-alone projects or combine residential with non-residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. On October 25, 2005, the Anaheim City Council certified Final Subsequent Environmental Impact Report No. 332, adopting a Statement of Findings of Fact, a Statement of Overriding Considerations and the updated and modified Mitigation Monitoring Program No. 106A (“FSEIR No. 332”) to provide for the implementation of the Platinum Triangle Master Land Use Plan, and in conjunction with its consideration and approval of General Plan Amendment No. 2004-00420, Miscellaneous Case No. 2005-00089, Zoning Code Amendment No. 2004-00036 and a series of related actions. H. On the Anaheim City Council adopted General Plan Amendment No. 2008-00471 and approved an amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00188) and certified EIR No. 2008-00339, to increase the maximum number of dwelling units permitted in the PTMU Overlay Zone to 18,909 dwelling units, increase the maximum number of commercial square footage to 4,909,682, increase the maximum number of office square footage to 14,340,522 and add 1,500,000 square feet of square footage of institutional land uses. I. OWNER represents that it owns in fee approximately acres of real property located at in the City of Anaheim, County of Orange (hereinafter "County"), State of California, (hereinafter collectively called the “Property") in the Platinum Triangle and zoned PTMU Overlay and more particularly shown and described on Exhibit attached hereto and made a part hereof by this reference. J. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a all as more particularly set forth in the Final Site Plan (hereinafter collectively referred to as the "Project"). ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 3 K. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. L. Pursuant to the Final Site Plan, OWNER will submit tentative maps and/or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. M. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by Updated and Modified Mitigation Monitoring Program No. 106 C and Mitigation Monitoring Plan No. for the Project, CITY is requiring that OWNER construct and install certain public improvements, including off-site traffic circulation improvements, and provide other public benefits. N. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development Agreement. O. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R-565 (the "Procedures Resolution") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. P. On as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application"). The Application included a proposed development agreement (the "Proposed Development Agreement"). Q. On as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 4 R. On as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. S. On that date, the City Planning Commission, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined and recommended that the City Council find that previously-certified FSEIR No. 339, together with the Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. T. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: is consistent with the CITY's existing General Plan, (ii) is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, (iii) is compatible with the orderly development of property in the surrounding area, and (iv) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC U. On as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. V. On as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. W. On that date, the City Council, after considering the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, did find and determined that previously-certified FSEIR No. 339, together with the Updated and Modified Mitigation Monitoring Program No. 106C for the Platinum Triangle, and Mitigation Monitoring Plan No. are adequate to serve as the required environmental documentation for this Development Agreement, and related Project Actions, and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. X. On the City Council did find and determined that this Development Agreement: is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 5 entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. Y. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic/circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services within the Platinum Triangle, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. Z. On the City Council adopted the Authorizing Ordinance approving and authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District. "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY. l.2 Authorizing Ordinance. The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. l.3 CITY. The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. l.4 Development. "Development" means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 6 whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.5 Development Agreement. “Development Agreement” means this Development Agreement and any subsequent amendments to this Development Agreement which have been made in compliance with the provisions of this Development Agreement, the Development Agreement Statute, the Enabling Ordinance, and the Procedures Resolution. 1.6 Development Agreement Date. The "Development Agreement Date" means the later of the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. l.7 Development Agreement Statute. The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. 1.8 Development Approvals. "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use, of every kind and nature, contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans (including Final Site Plans), tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.9 Enabling Ordinance. The "Enabling Ordinance" means Ordinance No. 4377 enacted by the CITY on November 23, 1982. 1.10 Existing Land Use Regulations. “Existing Land Use Regulations” mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, the Platinum Triangle Master Land Use Plan, Mitigation Monitoring Program No. 106C and Mitigation Monitoring Plan No. and all other ordinances of the City establishing subdivision standards, park regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Code and such other regulations are not inconsistent with this Development Agreement. Existing Land Use Regulations do not include a non-land use regulation, including taxes. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 7 1.11 Final Site Plan. The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit attached hereto and made a part hereof by this reference. 1.12 Gross Floor Area/GFA. "Gross Floor Area" or "GFA" means the gross floor area of any buildings which are part of the Permitted Development. 1.13 Interim Development Fees. "Interim Development Fees" are the fees imposed within the Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of this Agreement. 1.14 Mortgage. "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.15 Mortgagee. "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.16 OWNER. "OWNER" is and any person or entity with which or into which may merge, and any person or entity who may acquire substantially all of the assets of and any person or entity who receives any of the rights or obligations of under this Development Agreement in accordance with the provisions of Section 27 (Assignment) of this Development Agreement. 1.17 Parking Areas. The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.18 Permitted Development. "Permitted Development" includes all buildings and other development, such as, the Parking Areas as identified in Section 6 of this Development Agreement, and as further set forth in the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for all Permitted Development as set forth in the Final Site Plan. 1.19 Platinum Triangle. "Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.20 Procedures Resolution. The "Procedures Resolution" is Resolution No. 82R-565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.21 Project. The "Project" means the development project contemplated by the approved Final Site Plan with respect to the Property, including but not limited to on-site and off-site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement and the Development Approvals. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 8 1.22 Property. The "Property" means that certain real property shown and described on Exhibit to this Development Agreement. 1.23 Support Commercial Uses. "Support Commercial Uses" are commercial\retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses in keeping with the nature of the Project and the required uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in the Platinum Triangle. 1.24 Term. "Term" is defined in Section 2 of this Development Agreement. 1.25 Zoning Code. "Zoning Code" refers to Title 18 of the Anaheim Municipal Code. Section 2. TERM. 2.1 The term of this Development Agreement (hereinafter called "Term") shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five years thereafter, terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 25 and Section 27, respectively, of this Development Agreement, and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 15 of this Development Agreement. 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, from a court with applicable jurisdiction directing CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project in its entirety pursuant to the terms of this Development Agreement and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 9 Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any necessary site plan, tentative and final subdivision maps, vesting tentative maps and any grading, construction, building and other similar permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES. 5.1 The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The Term, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED DEVELOPMENT. 6.1 Description of Permitted Development. The Permitted Development shall be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas. 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 issuance of the first building permit, the Owner shall record a covenant against the property in a form approved by the City Attorney’s Office that requires Owner and its heirs, assignees and successor-in-interests to reimburse the City for the full cost associated with the use of any Police Department and/or Traffic Management Center staff that may be needed for traffic control purposes related to the use of Parking Areas for public parking in connection with events in the Platinum Triangle, including events at Angel Stadium, the Honda Center, or the Grove of Anaheim. Section 7. DENSITY OF PERMITTED DEVELOPMENT. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 10 The Permitted Development shall be between the minimum and maximum sizes, and shall not exceed the maximum heights and maximum footprints set forth on the Final Site Plan. Section 8. ENFORCEMENT. Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 23 of this Development Agreement. Section 9 PUBLIC IMPROVEMENTS AND SERVICES. In addition to performing any other obligations heretofore imposed as conditions of approval set forth in Exhibit as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area-wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s)-of-way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s)-of-way within four months after OWNER begins its efforts to so acquire said right(s)-of-way, CITY shall negotiate the purchase of the necessary right(s)-of-way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this Section, CITY may use its powers of eminent domain to condemn said required right(s)-of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s)-of-way to enable OWNER to construct the public improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 11 9.1 Utilities (Water, Electrical, Gas, Sewer, and Drainage). OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Development on the Property or that are displaced by the construction of the Permitted Development. As OWNER submits detailed construction plans in order to obtain building permits for a Permitted Development and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.1.1 Water Service. OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. Alternatively, at OWNER’S election, the water system may be constructed incrementally, provided that said incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the terms of Rule l5D for the advancement of additional funds to construct the upgraded water facilities. 9.1.2 Sanitary Sewer and Storm Drains. Prior to final building and zoning inspections for the first building within the Permitted Development, OWNER will construct all sanitary sewers, storm drains, and appurtenant structures (including treatment control BMP’s as required by the WQMP) to serve the ultimate development of the Property as provided by areawide engineering studies to be conducted prior to issuance of any building permits for the first building within the Permitted Development and updated prior to the issuance of any building permits for each subsequent building within the Permitted Development. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems may be constructed incrementally subject to the approval of the City Engineer, provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 9.2 Timing, Phasing and Sequence of Public Improvements and Facilities. The phasing and sequence of the construction of public improvements and facilities or the payment of fees therefor shall be constructed or paid in accordance with the timing, phasing and sequence set forth in this Development Agreement and the Final Site Plan. 9.3 Traffic Circulation Improvements. In order to assist CITY in providing for area-wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project including all applicable measures from the Updated and Modified Mitigation Monitoring Program No. 106C approved in conjunction with ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 12 FSEIR No. 339, and Mitigation Monitoring Plan No. and as shown on the Final Site Plan. Section 10. REIMBURSEMENT PROVISION. In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefited properties. All costs associated with establishing said mechanisms shall be paid by OWNER. Section 11. DEDICATIONS AND EXACTIONS. Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for dedication the rights-of-way, including the public connector streets, collector streets and Market Street, if applicable, and other areas as more fully set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER's offer of dedication. Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. Section 12. FEES, TAXES, AND ASSESSMENTS. 12.1 Fees, Taxes and Assessments. OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2 General Plan and Environmental Processing Fee. OWNER will pay a processing fee prior to the issuance of the certificate of occupancy for the project attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for the Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs are set forth in Exhibit 12.3 Excluded Development Fees. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 12.3.1 Water Utilities Fees. OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within the Platinum Triangle. 12.3.2 Electrical Utilities Fees. OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 13 12.3.3 City Processing Fees. OWNER shall pay all standard City-wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District. Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney’s Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds. CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 12.6 Imposition of Increased Fees Taxes or Assessments. Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY, except as otherwise provided in this Development Agreement. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the approval or implementation of the Project. Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, conditions and restrictions (CC&Rs) applicable to the Property in a form and content satisfactory to the Planning Director, City Engineer and the City Attorney incorporating the requirements and obligations set forth in Exhibit to this Agreement, entitled the “Development Requirements and Maintenance Obligations.” Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. OWNER consents to, and waives any right it may have now or in the future to challenge the legal validity of the conditions, requirements, policies or programs required by Existing Land Use Regulations or this Development Agreement including, without limitation, any claim that ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 14 they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Section 15. TIMING OF DEVELOPMENT. Timing of Development shall be as set forth in the Final Site Plan. Section 16. EXISTING USES. CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. Section 17. FUTURE APPROVALS. 17.1 Basis for Denying or Conditional Granting Future Approvals. Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 17.2 Standard of Review. The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 17.3 Future Amendments to Final Site Plan. Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 17.4 of this Development Agreement may subject the portion or portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to those portions of the Final Site Plan that have not been amended. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 15 Section 18. AMENDMENT. 18.1 Initiation of Amendment. Either party may propose an amendment to this Development Agreement. 18.2 Procedure. Except as set forth in Section 17.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 18.3 Consent. Except as provided elsewhere within this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 18.4 Amendments. Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties find that changes or adjustments are necessary or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. 18.5 Effect of Amendment to Development Agreement. The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section 19. NON-CANCELLATION RIGHTS. Subject to defeasance pursuant to Sections 24, 25 or 26 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. Section 20. BENEFITS TO CITY. The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are not limited to, the following: ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 16 a, The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on-site and area-wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to encourage development of the Platinum Triangle; and b. The considerations set forth in Sections 9 and 11 of this Development Agreement. Section 21. BENEFITS TO OWNER. OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this Section. Section 23. RESERVED AUTHORITY. 23.1 State and Federal Laws and Regulations. In the event that the State or Federal laws or regulations enacted after the this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 17 to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 23.2 Model Codes. This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 23.3 Public Health and Safety. This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 22.2 of this Development Agreement which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that those rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 24. CANCELLATION. 24.1 Initiation of Cancellation. Either party may propose cancellation of this Development Agreement. 24.2 Procedure. The procedure for canceling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 24.3 Consent of OWNER and CITY. Any cancellation of this Development Agreement shall require the mutual consent of OWNER and CITY. Section 25. PERIODIC REVIEW. 25.1 Time for Review. CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER's failure to comply with the phasing schedules set forth in the Final Site Plan combined with OWNER’s failure to explain the reason for said non-compliance shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 18 25.2 OWNER's Submission. Each year, not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 25.3 Findings. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, and then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 26 of this Development Agreement. 25.4 Initiation of Review by City Council. In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 26. EVENTS OF DEFAULT. 26.1 Defaults by OWNER. Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non-compliance and if the actions required to cure such non-compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 19 end. If during the cure period OWNER fails to cure such non-compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 26 of this Development Agreement. 26.2 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre-existing condition once implementation of this Development Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 26.3 Liquidated Damages Remedy. The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum One Hundred Thousand Dollars ($100,000) as liquidated and actual damages, which sum shall be in addition to any other remedies available to CITY as result of such breach pursuant to this Section 25. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 20 Section 27. MODIFICATION OR TERMINATION. If pursuant to Section 24 and 25 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. 27.1 Notice to OWNER. CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY’s findings. 27.2 Public Hearing. The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty (40) days after the City Council gives notice to OWNER. 27.3 Decision. The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefor not than ten (10) days following completion of the public hearing. 27.4 Standard of Review. Any determination by CITY to terminate this Development Agreement because OWNER has not complied in good faith with the terms of this Development Agreement must be based upon a finding by the City Council, based on the preponderance of evidence, that OWNER is in default and has not cured that default in the timeframe permitted by Sections 24 and 25 above, as applicable. 27.5 Implementation. Amending or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the amendment or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 27.5 Schedule for Compliance. Setting a reasonable time schedule for compliance with this Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to modification or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 21 Section 28. ASSIGNMENT. 28.1 Right to Assign. OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and/or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 28.2 Release Upon Transfer. It is understood and agreed by the parties that the Property may be subdivided following the Development Agreement Date. One or more of such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER’s obligations set forth in Section 9 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights and interests under this Development Agreement as permitted pursuant to the Section 27.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that OWNER is not then in default under this Development Agreement, OWNER has provided to CITY the notice of such transfer specified in Section 27.1 above, the transferee executes and delivers to CITY a written agreement in which the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non-compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 22 shall be self-executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 29. NO CONFLICTING ENACTMENTS. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 22 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. Section 30. GENERAL. 30.1 Force Majeure. The Term of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock-outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 30.2 Construction of Development Agreement. The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY’s police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY’s governmental powers over the Property. 30.3 Severability. If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 23 this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and/or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 30.4 Cumulative Remedies. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 30.5 Hold Harmless Agreement. OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents’, or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER’s or the CITY’s contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 30.6 Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and/or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action. OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of any such legal action. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 24 30.7 Public Agency Coordination. CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Property or the Project. 30.8 Initiative Measures. Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, and which Agreement shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as law or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out-of-pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 30.9 Attorneys' Fees. In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys’ fees and costs. 30.10 No Waiver. No delay or omission by either party in exercising any right or power accruing upon non-compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non- performance of the same or other covenants and conditions hereof. 30.11 Authority to Execute. The person executing this Development Agreement on behalf of OWNER warrants and represents that he/she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that he/she has the authority to bind OWNER to the performance of OWNER's obligations hereunder. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 25 30.12 Notice. 30.12.1 To OWNER. Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed; to OWNER as follows: Attention: or such changed address as OWNER shall designate in writing to CITY. 30.12.2 To CITY. Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney City of Anaheim P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER. Alternatively, notices to CITY may also be personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 26 30.13 Captions. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 30.14 Consent. Any consent required by the parties in carrying out the terms of this Development agreement shall not unreasonably be withheld. 30.15 Further Actions and Instruments. Each of the parties shall cooperate with the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. 30.16 Subsequent Amendment to Authorizing Statute. This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 22.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 30.17 Governing Law. This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 30.18 Effect on Title. OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 30.19 Mortgagee Protection. Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure. If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 27 OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non- compliance within thirty (30) days after obtaining possession. If any such default or non- compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non-compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 30.21 Bankruptcy. Notwithstanding the foregoing provisions of Section 29.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 30.22 Disaffirmance. 29.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 30.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 30.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER’s default; and 30.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 28 30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 29.22.1 above, nor to cure any default of OWNER referred to above. 30.23 No Third Party Beneficiaries. This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 30.24 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, join venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 30.25 Restrictions. Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express provision for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 30.26 Recitals. The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 30.27 Recording. The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 30.28 Title Report. CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER’s legal and equitable ownership interest in the Property, current within six months, unencumbered except for the exceptions (hereinafter the “Permitted Exceptions”) set in the preliminary title reports for the Property attached hereto as Exhibit (the "Preliminary Title Reports"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER’s legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 29 30.29 Entire Agreement. This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 30.30 Successors and Assigns. The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. 30.31 OWNER's Title to Property. Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER’s fee title to Property. 30.32 Exhibits. All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. “CITY” “OWNER” CITY OF ANAHEIM, a municipal corporation By: By: Mayor Title: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District 30 ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT LEGAL DESCRIPTION OF THE PROPERTY ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT FINAL SITE PLAN ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT CONDITIONS OF APPROVAL ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Non-residential Uses: $0.03 per sq. ft. These fees are intended to recover the costs associated with the Platinum Triangle including the designation of portions of the Platinum Triangle for mixed use and office development by the General Plan, the Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay, the Platinum Triangle Standardized Development Agreement Form, Zone Reclassifications, all other associated documents and amendments thereto, and all associated environmental documentation. The fees are based upon the following calculations: Costs Consultant Contract Costs: $670,623 (includes costs related to DSEIR No. 339) Planning Department Costs: $456,765 (to be updated with costs related to DSEIR No. 339) Public Works Costs: $41,325 (to be updated with costs related to DSEIR No. 339) $1,168,713 (to be updated with costs related to DSEIR No. 339) New Development Allowed in the Platinum Triangle Non-Residential Uses 14,340,522 square feet office development 4,909,682 square feet commercial development + 1,500,000 square feet institutional 20,750,204 total square feet non-residential development Residential Uses 18,909 residential units x 800 square feet (estimated average unit size) 15,127,200 total square feet of residential development Total Square Feet 20,750,204 total square feet non-residential development + 15,127,200 total square feet of residential development 35,877,404 total square feet of residential and non-residential uses Fees (to be updated with DSEIR Planning and Public Works Costs) $1,168,713 costs = $0.03 per square foot 35,877,404 total square feet EXHIBIT ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District EXHIBIT PRELIMINARY TITLE REPORT ---PAGE BREAK--- Appendix B2 Platinum Triangle Standardized Development Agreement Form Office District ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 C APPENDIX C Updated and Modified Mitigation Monitoring Program No. 106A for The Platinum Triangle Mitigation Monitoring Program No. 106 was created for the Environmental Impact Report associated with The Anaheim Stadium Master Land Use Plan (EIR No. 321) and was updated and modified in conjunction with the Environmental Impact Report for the General Plan Update Program (EIR No. 330), adopted on May 25, 2004. A revised mitigation monitoring plan will be prepared in conjunction with DSEIR No. 339. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 D APPENDIX D Standard Detail for Newspaper Racks in the Platinum Triangle There are no proposed changes. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 E APPENDIX E The Platinum Triangle Median and Parkway Planting Matrix ---PAGE BREAK--- Page 1 of 6 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Katella Avenue Manchester Avenue to East of State College Blvd. (Stadium Entrance) (Figure 22) Date Palm - Phoenix Dactylifera "Medjool" (UL) Bouganvillea (San Diego Red) attached to trunk of Palm Bird of Paradise at trunk of Palm in combination with alternate mass plantings of Agapantha shrub and Star Jasmine ‘asiaticum’ ground cover (not mixed) 30’ 18” 18” 9” 30’ BTH 5 gallon 5 gallon 5 gallon * Date Palm - Phoenix Dactylifera "Medjool" (UL) Agapantha shrub 24” ht. max Bird of Paradise at trunk of Palm 30’ 18” 30’ BTH 5 gallon 5 gallon Katella Avenue East of State College Blvd. (Stadium Entrance) to Orange Freeway (Figure 23) And Orange Freeway to east City Limits (Figure 24) Date Palm - Phoenix Dactylifera "Medjool" (UL) Bouganvillea (San Diego Red) attached to trunk of Palm Bird of Paradise at trunk of Palm in combination with alternate mass plantings of Agapantha shrub and Star Jasmine ‘asiaticum’ ground cover (not mixed) 30’ 18” 18” 9” 30’ BTH 5 gallon 5 gallon 5 gallon * Mexican Fan Palm (UL) Agapantha shrub 24” ht. max 25’ 18” 20’ BTH 5 gallon ---PAGE BREAK--- Page 2 of 6 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size State College Blvd. South City Limits to Gene Autry Way (Figure 25) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Bird of Paradise at trunk of Palm Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 24” box 5 gallon * State College Blvd. Gene Autry Way to Katella Avenue (Figure 26) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Bouganvillea (San Diego Red) attached to trunk of Palm Bird of Paradise at trunk of Palm Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 24” box 5 gallon 5 gallon * State College Blvd. Katella Avenue to 500' North of Howell Avenue (Figure 27) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 15 gallon * ---PAGE BREAK--- Page 3 of 6 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size State College Blvd. 500' North of Howell Avenue to Cerritos Avenue (Figure 28) Single Row of Camphor Trees Crape – Muskogee installed at both ends of each median Agapantha – Blue Vinca Major - Periwinkle ground cover 20’ 18” 9” 36” box 15 gallon 5 gallon * Alternating Mexican Fan Palm and Golden Trumpet Tree Vinca Major - Periwinkle ground cover 20’ 9” 20’ BTH 24” box * Gene Autry Way Santa Cruz Street to State College Blvd. (Figure 29) Single Row of Evergreen Pear Star Jasmine ground cover 20’ 18” 15 gallon 5 gallon Crape Bird of Paradise, except at driveway entrances use Orange Daylilies 20’ 18” 15 gallon 5 gallon Orangewood Avenue Santa Ana Freeway to State College Blvd. (Figure 30) Magnolia Trees Halls Honeysuckle ground cover 20’ 9” 15 gallon * Alternating Mexican Fan Palm and Magnolia Tree ‘Samuel Sommer’ Daylilies (Orange/Yellow) around base of tree Halls Honeysuckle (orange/white) ground cover 20’ 9” 20’ BTH 36” box 5 gallon * ---PAGE BREAK--- Page 4 of 6 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Orangewood Avenue State College Blvd. to Dupont Drive (Figure 31) Magnolia Trees Daylilies (Orange) around base of tree Halls Honeysuckle (orange/white) ground cover 20’ 9” 15 gallon 5 gallon * Alternating Mexican Fan Palm and Magnolia Trees Bouganvillea (Orange) attached to the trunk of the Palm Birds of Paradise around base of trees Halls Honeysuckle(orange/white) ground cover 20’ 9” 20’ BTH 15 gallon 5 gallon 5 gallon * Orangewood Avenue Dupont Drive to East City Limits (Figure 32) Magnolia Trees Daylilies (Orange) around base of tree Halls Honeysuckle (orange/white)ground cover 20’ 9” 15 gallon 5 gallon * Alternating Mexican Fan Palm and Magnolia Trees Birds of Paradise around base of trees Halls Honeysuckle (orange/white) ground cover 20’ 9” 20’ BTH 15 gallon 5 gallon * Douglass Road North of Katella Avenue (Figure 33) To be Determined Mexican Fan Palm Bouganvillea attached to trunk of Palm Daylilies (yellow and orange) at base of Palm 24” max ht. 25’ 18” 20’ BTH 5 gallon 5 gallon ---PAGE BREAK--- Page 5 of 6 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Anaheim Way (Figure 34) Not Applicable Mexican Fan Palm Bougainvillea attached to trunk of Palm Birds of Paradise shrub - 24” max. ht. 25’ 18” 20’ BTH 5 gallon 5 gallon Lewis Street Gene Autry Way to Katella Avenue (Figure 35) Single Row of Gold Medallion Halls Honeysuckle ground cover 20’ 9” 24” box * Mexican Fan Palm Yellow Trumpet vines attached to trunk of Palm; India Hawthorne shrub - 24” max ht. 25’ 18” 20’ BTH 5 gallon 5 gallon Lewis Street Katella Avenue to Cerritos Avenue (Figure 36) Single Row of Gold Medallion Halls Honeysuckle ground cover 20’ 9” 24” box * Mexican Fan Palm Yellow Trumpet vines attached to trunk of Palm; India Hawthorne shrub - 24” max ht. 25’ 18” 20’ BTH 5 gallon 5 gallon Amtrak/Metrolink Line (Figure 37) Not Applicable Not Applicable Secondary Streets (Figure 38) Not Applicable Brisbane Box India Hawthorne shrub 24" max. ht. or ground cover 20’ 18” 24” box 5 gallon ---PAGE BREAK--- Page 6 of 6 Platinum Triangle Median and Parkway Planting Matrix Street Median Planting o.c. Plant Size Parkway Trees/Shrubs o.c. Plant Size Market Street (Figure 39) Not Applicable Ginkgo Biloba Entry off of Katella Avenue: Date Palm 20’ 24”box Connector Streets (Figure 40) Not Applicable Southern Magnolia, Bradford Pear, Fern Pine or Live Oak, Tree in tree wells or in parkways with turf or ground cover dependent on whether adjacent on-street parking is provided Daylilies, Camellia, India Hawthorn shrub 24” max. ht. Honeysuckle or Star Jasmine ‘asiaticum’ ground cover - 18” 9” 36” box * Collector Streets (Figure 41) Not Applicable Brisbane Box India Hawthorne shrub 24" max. ht. or ground cover 20’ 18” 24” box 5 gallon Bus Stops Public Works Standard Detail No. 119 Not Applicable Gold Medallion Tree planted on both sides of the bus stop 24” box UL = Uplighting of tree required * Plants contained in flats ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 F APPENDIX F A-Town Metro Public Realm Landscape and Identity Program There are no proposed changes. ---PAGE BREAK--- Platinum Triangle Master Land Use Plan October 14, 2008 G APPENDIX G PTMU Overlay Zone District Sub-Area Development Intensity Maps ---PAGE BREAK--- DOUGLASS RD. SANTA ANA RIVER ORANG E FRE EWA Y (SR -57) HARRIS CT. KATELLA AVE 425 DU 100,000 S.F. Office 100,000 S.F. Commercial Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E 2439-31 CITY OF ANAHEIM Planning GIS October 16, 2008 Arena District 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District The Platinum Triangle Anaheim City Boundary Arena - 41 acres ---PAGE BREAK--- DOUGLASS RD. SANTA ANA RIVER ORANG E FRE EWAY (SR-5 7) SINCLAIR ST. 520 D.U. 1,500,000 S.F. Institutional 2,202,803 S.F. Office 358,000 S.F. Commercial 2439-13 ARTIC District C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS November 7, 2008 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District ARTIC - 17 acres Anaheim City Boundary The Platinum Triangle ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. ORANGEWOOD AVE. CHRIS LN. BETMOR LN. SANTA CRUZ ST. STANFORD CT. DUPONT DR. TOWNE CE 250 DU 690 DU 341 DU 24,000 S.F. Office 12,000 S.F. Commercial 438 DU 538,250 S.F. Office 52,000 S.F. Commercial 352 DU 878 DU Sub-Area A Sub-Area C Sub-Area B C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE 2439-11 CITY OF ANAHEIM Planning GIS October 21, 2008 Gateway District 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District Gateway - 53 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. ORANGEWOOD AVE. KATELLA AVE. SANTA CRUZ ST. STANFORD CT. TALBOT WAY 1,208 DU 219,000 S.F. Office 118,000 S.F. Commercial 491 DU 103,800 S.F. Commercial 663 DU 119,200 S.F. Office 82,900 S.F. Commercial 5 Sub-Area A Sub-Area C Sub-Area B Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E 2439-10 Gene Autry District 0 250 500 125 Feeto CITY OF ANAHEIM Planning GIS October 17, 2008 Key to Features Mixed Use Overlay Zone District Gene Autry - 33 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY LEWIS ST. SANTA ANA FREEWAY (I-5) MANCHESTER AVE. KATELLA AVE. W CLAUDINA WAY HOWELL AVE. CHRIS LN. BETMOR LN. SANTA CRUZ ST. SANTA CRUZ ST. STANFORD CT. TALBOT WA 254,759 S.F. Office 320 D.U. 209,419 S.F. Office 114,571 S.F. Commercial 350 D.U. 60,000 S.F. Commercial 364 D.U. 91,000 S.F. Office 45,500 S.F. Commercial 399,881 S.F. Office 260,120 S.F. Office 2439-9 Katella District Sub-Area A Map C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS October 21, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area A - 32 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. LEWIS ST. SANTA ANA FREEWAY (I-5) KATELLA AVE. HOWELL AVE. CHRIS LN. SANTA CRUZ ST. SANTA CRUZ ST. STANFORD CT. 859 DU 2,190 DU 126,000 S.F. Commercial 336 DU 1,298 S.F. Commercial 382 DU 102,400 S.F. Office 51,200 S.F. Commercial 390 DU 10,659 S.F. Commercial 17,800 S.F. Office 8,900 S.F. Commercial 2439-9 Katella District Sub-Area B Map C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS October 20, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area B - 69 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- STATE COLLEGE BLVD. HOWELL AVE. SUNKIST ST. ORANG E FRE EWAY (SR-57 ) BABBITT AVE. PAGE CT. SINCLAIR ST. STADIUM VIEW AVE. 105,000 S.F. Office 202,467 S.F. Commercial 265 DU 643,482 S.F. Office 25,526 S.F. Commercial 14,185 S.F. Commercial 17,708 S.F. Commercial 251 DU 12,600 S.F. Commercial 2439-9 Katella District Sub-Area C Map Ci t y o f A n a h e i m , CA THE PL ATI NU M TR IAN GLE CITY OF ANAHEIM Planning GIS October 20, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area C - 33 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- DOUGLASS RD. SANTA ANA RIVER ORANG E FRE EWAY (SR-5 7) SINCLAIR ST. 47,197 S.F. Office 142,000 S.F. Commercial 2439-9 Katella District Sub-Area D Map Ci t y o f A n a h e i m , CA THE PL ATI NU M TR IAN GLE CITY OF ANAHEIM Planning GIS October 20, 2008 0 300 600 150 Feeto Key to Features Mixed Use Overlay Zone District Katella Sub-Area D - 8 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. HOWELL AVE. SUNKIST ST. DOUGLASS RD. SANTA ANA RIVER WRIGHT CIR. ORANG E FRE E W AY (SR -57) BABBITT AVE. PAGE CT. TALBOT WAY SINCLAIR ST. STADIUM VIEW AVE. HARRIS CT. 879,613 S.F. Office 383,250 S.F. Office 58,700 S.F. Office 267,458 S.F. Office 2439-19 Office District East of State College Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E CITY OF ANAHEIM Planning GIS October 17, 2008 0 500 1,000 250 Feeto Key to Features Office District Office - Low - 30.3 acres Office - High - 22.1 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- 5 GENE AUTRY WAY STATE COLLEGE BLVD. ORA CERRITOS AVE. BLVD. HOWELL HASTER ST. LEWIS ST. SANTA ANA FREEWAY (I-5) KATELLA AVE. WRIGHT CIR. CLAUDINA WAY HOWELL AVE. BABBITT AVE. PA SANTA CRUZ ST. STANFORD CT. TALBOT WAY 669,082 S.F. Office 716,127 S.F. Office 845,935 S.F. Office 64,904 S.F. Office 356,321 S.F. Office 236,966 S.F. Office 2439-19 Office District West of State College Ci t y o f A n a h e i m , CA THE PL ATI NU M TR IAN GLE CITY OF ANAHEIM Planning GIS October 17, 2008 0 500 1,000 250 Feeto Key to Features Office District Office - Low - 43.6 acres Office - High - 33.3 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- STATE COLLEGE BLVD. ORANGEWOOD AVE. DUPONT DR. TOWNE CENTRE PL. RAMPART ST. 1,450 DU 812,855 S.F. Office 120,000 S.F. Commercial 321 DU 590,000 S.F. Office 10,000 S.F. Commercial 2439-12 Orangewood District C i t y o f A n a h e i m , C A THE PLATINUM TRIANGLE CITY OF ANAHEIM Planning GIS October 17, 2008 0 250 500 125 Feeto Key to Features Mixed Use Overlay Zone District Orangewood - 35 acres The Platinum Triangle Anaheim City Boundary ---PAGE BREAK--- GENE AUTRY WAY STATE COLLEGE BLVD. ORANGEWOOD AVE. SANT WRIGHT CIR. ORANGE F REE WAY (S R-57) DUPONT DR. TOWNE CENTRE PL. RAMPART ST. TALBOT WAY 5,175 DU 3,125,000 S.F. Office 3,120,368 S.F. Commercial KAT ELL A AV ENU E Ci t y o f A n a h e i m , C A THE PLAT IN UM TRIAN GL E 2439-30 CITY OF ANAHEIM Planning GIS October 17, 2008 Stadium District 0 500 1,000 250 Feeto Key to Features Mixed Use Overlay Zone District Stadium - 153 acres The Platinum Triangle Anaheim City Boundary