Resolution-PC 2012-046RESOLUTION NO. PC2012 -046
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY- APPROVED MITIGATED NEGATIVE DECLARATION
TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
AMENDING FINAL SITE PLAN NO. 2008 -00004
(TRACKING NO. FSP2008- 00004A)
(1820 SOUTH HARBOR BOULEVARD)
WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter
referred to as the "Planning Commission ") adopted its Resolution No. PC2009 -039 for the approval
of a Final Site Plan to construct a 252 -room hotel with 75,593 square feet of accessory uses for
certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of
Orange, State of California, as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference (the "Project ");
WHEREAS, on March 31, 2009, the Anaheim City Council, adopted Resolution No. 2009-
059 granting Final Site Plan No. 2008 -00004 the Project;
WHEREAS, the Planning Commission did receive a verified Petition to amend Final Site
Plan No. 2008 -00004 (hereinafter referred to "Final Site Plan No. 2008- 00004A ") for an extension
of time to comply with the conditions of approval the Project;
WHEREAS, Final Site Plan No. 2008 -00004 was approved in connection with General Plan
Amendment No. 2008 - 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008-
00055), Amendment No. 4 to the Anaheim Resort Public Realm Landscape Program
(Miscellaneous No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008-
04761 and Public Convenience or Necessity No. 2009 -00056 (collectively, the "Entitlements "); and
WHEREAS, on June 22, 2012, an application for an extension of time to comply with the
conditions of approval was timely made in writing (i.e., within six (6) months following the
expiration date of the Entitlements), and was accompanied by the appropriate filing fee.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 16, 2012, at 5:00 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60, to hear and consider evidence for and against said proposed amendment to Final Site
Plan No. 2008 -00004 and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Planning Commission has reviewed the proposed amendment to Final Site
Plan No. 2008 -00004 and has considered the Mitigated Negative Declaration and the associated
Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and
the City Council in connection with the approval of Final Site Plan No. 2008 - 00004, and finds and
determines that (i) said environmental documentation is adequate to serve as the appropriate
environmental documentation in connection with this request and satisfies all the requirements of
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the California Environmental Quality Act ( "CEQA "); (ii) "none of the conditions described in
Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or
negative declaration have occurred" in connection with the proposed amendment to Final Site Plan
No. 2008 - 00004; and (iii) no further environmental documentation need be prepared for said
amendment.
WHEREAS, before granting any request for an extension of time to comply with
conditions of approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the
Planning Commission is required to make, and hereby makes, the following findings:
1. That the extension of time will not extend the approval beyond two (2) extensions,
with each extension not to exceed one (1) year, or any greater or lesser time increment specified in
the original resolution, or written decision if approved by the Planning Director.
2. That the approved project remains consistent with the General Plan and the zone
district designation for the property.
3. That either no amendments to Title 18 of the Anaheim Municipal Code (the
"Zoning Code ") have occurred that would cause the approval to be inconsistent with the Zoning
Code, or the petitioner has: (i) submitted revised plans demonstrating that the approved project can
be modified to bring it into conformance with such amendments Zoning Code; and (ii) agreed to
modify the project to conform to such amendments.
4. That the subject property is being maintained in a safe, clean and aesthetically
pleasing condition, with no unremediated code violations on the property, as confirmed by an
inspection of the subject property by the Community Preservation Division. Cost of inspection is
established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code —
Community Preservation Officer — Inspection and Reinspections - Fees) of the Anaheim Municipal
Code, and shall be paid by the applicant prior to consideration of the extension application by the
approval authority.
5. That no additional information or changed circumstances are present which
contradict the facts necessary to support one or more of the required findings for the original
approval of the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons
hereinabove stated, does hereby approve the amendment to Final Site Plan No. 2009 -05403 subject
to the conditions of approval described in Exhibit `B" attached hereto and incorporated herein by
this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health, safety and general welfare of the Citizens of the
City of Anaheim.
BE IT FURTHER RESOLVED that approval of the amendment to Final Site Plan No.
2008 -00004 is subject to the approval of the amendments to Variance No. 2008 - 004761 and
Conditional Use Permit No. 2009 - 05403; and
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BE IT FURTHER RESOLVED, that Final Site Plan No. 2009- 05403A is approved without
limitations on the hours of operation or the duration of the use, other than as may be contained in
Conditional Use Permit No. 2009 - 05403. Amendments, modifications and revocations of Final Site
Plan No. 2009- 05403A may be processed in accordance with Chapters 18.60.190 (Amendment to
Permit Approval) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction,
then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoice or prior to the issuance of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of required permits or the revocation
of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning
Commission meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth
in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM CITY PANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM
PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 16, 2012, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 16" day of July, 2012.
SENIOR SEGAETARY, ANAHEIM CITY MANNING COMMISSION
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EXHIBIT "A"
DES' 1`O. 2012 -00075
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EXHIBIT `B"
FINAL SITE PLAN NO. 2008-00004
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CONDITIONS OF APPROVAL
(NOTE: Mitigation Measures ( "MM "), Project Design Features
RESPONSIBLE
NO
( "PDF ") and Standard Conditions ( "SC ") from Mitigation
FOR
Monitoring Program No. 156 are incorporated into these conditions
MONITORING
of approval and are identified by the mitigation measure number
below applicable condition numbers.)
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The applicant/developer shall install, bond for, or otherwise secure
Electrical
on -site electrical facilities in accordance with the City of Anaheim
Engineering
Public Utility Electric Rates, Rules and Regulations, and provide
written evidence of this fact to the Public Utilities Department.
2
The applicant/developer shall submit plans which detail the lighting
Planning
system for any parking facilities adjacent to light- sensitive uses. The
systems shall be designed and maintained in such a manner as to
conceal light sources to the extent feasible to minimize light spillage
and glare to the adjacent uses. The plans shall be prepared and signed
by a licensed Electrical Engineer, with a letter from the engineer
stating that, in the opinion of the engineer, this requirement has been
met. (1 -PDF 1 -1)
3
The applicant/developer shall submit plans which illustrate that all
Planning
mechanical equipment and trash areas for the subject building(s) will
be screened from adjacent public streets. Screening shall be installed
prior to final building and zoning inspection. (3 -MM 3.11 -1)
4
The applicant/developer shall submit a landscape and irrigation plan
Planning/
which shall be prepared and certified by a licensed landscape
Resource
architect. The landscape plan shall include a phasing plan for the
Efficiency
installation and maintenance of landscaping associated with that
building permit and shall be in conformance with the Water
Efficiency Landscape Ordinance..
The irrigation plan shall specify methods for monitoring the irrigation
system. The system shall ensure that irrigation rates do not exceed the
infiltration of local soils, that the application of fertilizers and
pesticides do not exceed appropriate levels of frequencies, and that
surface runoff and overwatering is minimized.
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The landscape and irrigation plans shall include water - conserving
features such as low flow irrigation heads, automatic irrigation
scheduling equipment, flow sensing controls, rain sensors, soil
moisture sensors, and other water - conserving equipment. In addition,
all irrigation systems shall be designed so that they will function
properly with reclaimed water, once a system is available. The
landscape and irrigation plans shall be reviewed by the Anaheim
Resort Maintenance District. (4 -MM 3.11 -2)
5
The applicant/developer submitted a preliminary shade /shadow study
Planning
for this project which demonstrated that the project would not create
any shade /shadow impacts. Construction plans shall conform to the
conclusions of that study or further analysis may be necessary to
demonstrate that the proposed structure would not create significant
shade and shadow impacts on adjacent land uses. A significant shade
and shadow impact would occur when outdoor active areas (e.g.,
eating areas along Harbor Boulevard, hotel /motel swimming pools,
and residential front and back yards) or structures that include
sensitive uses (e.g., residences) have windows that normally receive
sunlight are covered by shadows for more than 50 percent of the
sunlight hours. If the analysis identifies shade and /or shadow impacts
would occur and the building setback, architectural massing and
landscape requirement provisions set forth in Section 5.0, Design Plan
of the Anaheim Resort Specific Plan, do not function as feasible
mitigation measures, additional technical review of the structure(s)
will be required. (5 -MM 3.11 -3)
6
The applicant/developer shall submit evidence that low emission
Building
paints and coatings are utilized in the design of buildings, in
compliance with SCAQMD regulations. This information shall be
denoted on the project plans and specifications. The
applicant/developer shall also implement the following to limit
emissions from architectural coatings and asphalt usage:
a. Use non - solvent -based coatings on buildings, wherever
appropriate.
b. Use solvent -based coatings, where they are necessary, in ways that
minimize solvent emissions.
c. Encourage use of high -solid or water -based coatings. (8 -MM 3.4-
2)
7
The applicant/developer shall comply with all SCAQMD offset
Planning
regulations and implementation of Best Available Control
Technology (BACT) and Best Available Retrofit Control Technology
(BARCT) for any new or modified stationary source. Copies of
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permits shall be given to the Planning Department. (11 -MM 3.4 -5)
8
The applicant/developer shall implement, and demonstrate to the
Resource
City, measures that are being taken to reduce operation- related air
Efficiency
quality impacts. These measures may include, but are not limited to,
the following:
L Improve thermal integrity of structures and reduced thermal load
through use of automated time clocks or occupant sensors.
2. Incorporate efficient heating and other appliances.
3. Incorporate energy conservation measures in site orientation and in
building design, such as appropriate passive solar design.
4. Use drought- resistant landscaping wherever feasible to reduce
energy used in pumping and transporting water.
5. To the extent feasible, provide daycare opportunities for
employees or participate in a joint development daycare center.
(12 -MM 3.4 -6)
9
Implementation of energy conservation techniques (i.e., installation of
Building
energy saving devices, construction of electrical vehicle charging
stations, use of sunlight filtering window coatings or double -paned
windows, utilization of light - colored roofing materials as opposed to
dark- colored roofing materials, and placement of shady trees next to
habitable structures) shall be indicated on plans. (13 -New MM)
10
The applicant shall incorporate project features and commitments as
South Coast Air
described in Table AQ -7, attached hereto. (14 -New MM)
Quality
Management
District;
(verification of
notes on plans);
Development
Services (for
annual review)
11
The following summary of mitigation measures to be incorporated
Resource
into the design and /or operation of the Anaheim Hotel is based on the
Efficiency
Table CC -1, Attorney General's Recommended Project -Level
Mitigation Measures (repeated in Table 7 in this document). Each
Planning
mitigation measure is referenced using the Table CC -1 ID number,
the suggested mitigation measure, and how the project responds to
Traffic and
meet the criteria.
Transportation
Energy Efficiency
GCC -1 -1: Design buildings to be energy efficient. Site buildings to
take advantage of shade, prevailing winds, landscaping and sun
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screens to reduce energy use.
GCC -1 -2: Install efficient lighting and lighting control systems. Use
daylight as an integral part of lighting systems in buildings.
GCC -1 -3: Install light colored "cool' roofs, cool pavements, and
strategically placed shade trees.
GCC -1 -5: Install energy efficient heating and cooling systems,
appliances and equipment, and control systems.
GCC -1 -8: Use solar heating, automatic covers, and efficient pumps
and motors for pools and spas.
GGC -1 -9: Provide education on energy efficiency.
Renewable Energy
GCC -1 -13: Create water - efficient landscapes.
GCC -1 -14: Install water - efficient irrigation systems and devices,
such as soil moisture -based irrigation controls.
GCC -1 -18: Restrict watering methods (e.g., prohibit systems that
apply water to non - vegetated surfaces) and control runoff.
GCC -1 -20: Implement low- impact development practices that
maintain the existing hydrologic character of the site to manage storm
water and protect the environment. (Retaining storm water runoff on-
site can drastically reduce the need for energy- intensive imported
water at the site.)
GCC -1 -22: Provide education about water conservation and available
programs and incentives.
GCC -1 -23: Reuse and recycle construction and demolition waste
(including, but not limited to, soil, vegetation, concrete, lumber,
metal, and cardboard).
GCC -1 -24: Provide interior and exterior storage areas for recyclables
and green waste and adequate recycling containers located in public
areas.
GCC -1 -26: Provide education and publicity about reducing waste
and available recycling services.
Land Use Measures
GCC -1 -27: Include mixed -use, infill, and higher density in
development projects to support the reduction of vehicle trips,
promote alternatives to individual vehicle travel, and promote
efficient delivery of services and goods.
GCC -1 -29: Incorporate public transit into project design.
GCC -1 -31: Develop "brownfields" and other underused or defunct
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properties near existing public transportation and jobs.
Transportation and Motor Vehicles
GCC -1 -33: Limit idling time for commercial vehicles, including
delivery and construction vehicles.
• Idling time for deliveries will be controlled by hotel operational
requirements. Construction vehicle idling time can be restricted
through specification requirements.
GCC -1 -35: Promote ride sharing programs e.g., by designating a
certain percentage of parking spaces for ride sharing vehicles,
designating adequate passenger loading and unloading and waiting
areas for ride sharing vehicles, and providing a web site or message
board for coordinating rides.
• Ride sharing will be encouraged using programs targeted at hotel
employees, providing preferred parking or a cost offset for ride
sharing and car pooling.
GCC -1 -39: Increase the cost of driving and parking private vehicles
by, e.g., imposing tolls and parking fees.
• Fees will be charged for on -site parking.
GCC -1 -41: Provide shuttle service to public transit.
• The project will provide a stop and load/unload area for the shuttle
which currently serves the resort district.
GCC -1 -42: Provide public transit incentives such as free or low -cost
monthly transit passes.
GCC -1 -46: For commercial projects, provide adequate bicycle
parking near building entrances to promote cyclist safety, security,
and convenience. For large employers, provide facilities that
encourage bicycle commuting, including, e.g., locked bicycle storage
or covered or indoor bicycle parking.
• Secure bicycle storage for employees will be provided in the
basement adjacent to the primary staff entry and Back -of -House
areas. (15 -New MM)
12
The applicant/developer shall submit plans showing that the proposed
Building
structure has been analyzed for earthquake loading and designed
according to the most recent seismic standards in the Uniform
Building Code adopted by the City of Anaheim. (19 -MM VI -1)
13
The applicant/developer shall submit for review and approval,
Building
detailed foundation design information for the subject building(s),
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prepared by a civil engineer, based on recommendations by a
geotechnical engineer. (21 -MM VI -3)
14
The applicant/developer shall submit a report prepared by a
Building
geotechnical engineer for review and approval which shall investigate
the subject foundation excavations to determine if soft layers are
present immediately beneath the footing site and to ensure that
compressibility does not underlie the footing. (22 -MM VI -4)
15
The property owner shall ensure the provision of an 8- foot -high
Building
temporary construction noise barrier on or adjacent to the section of
the eastern property line adjacent to the Islander Inn Suites swimming
pool. The barrier shall be solid from the ground to the top, with no
openings, and shall have a weight of at least three pounds per square
foot, such as half -inch thick plywood. (40- Additional MM)
(In compliance with MM XI -2)
16
Plans shall include a note that noise generated by construction activity
Planning, Code
shall be limited by the applicant/developer to 60 dBA along the
Enforcement
property boundaries, before 7:00 a.m. and after 7:00 p.m., as
Building
governed by Chapter 6.70, Sound Pressure Levels, of the Anaheim
(verification of
Municipal Code. (35 -MM 3.5 -1)
notes on plans)
17
The applicant/developer shall ensure that all mechanical ventilation
Planning,
units are shown on plans and installed in compliance with the Sound
Building
Pressure Levels Ordinance. (38 -MM 3.5 -4)
18
The water supply system shall be designed by the applicant/developer
Fire
to provide sufficient fire flow pressure and storage for the proposed
land use and fire protection in accordance with Fire Department
requirements. (41 -New MM)
19
Onsite fire hydrants shall be installed and charged by the
Fire
applicant/developer as required and approved by the Fire Department.
(42 -XM -2)
20
Plans shall indicate that all buildings shall have sprinklers installed by
Fire
the applicant/developer in accordance with Anaheim Municipal Code.
Said sprinklers shall be installed prior to final building and zoning
inspections. (44- XIII -4)
21
Plans shall be submitted to ensure that development is in accordance
Fire
with the City of Anaheim Fire Department Standards, including:
A. Overhead clearance shall not be less than 14 feet for the full
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width of access drives.
B. Adequate off -site public fire hydrants and onsite private fire
hydrants shall be provided by the applicant/developer. The
precise number, types and locations of the hydrants shall be
determined during building permit review. Hydrants are to be a
maximum of 400 feet apart.
C. A minimum residual water pressure of 20 psi shall remain in the
water system. Flow rates for public parking facilities shall be set
at 1,000 to 1,500 gpm. (45- XIII -5)
22
The applicant/developer shall submit a Construction Fire Protection
Fire
Plan to the Fire Department for review and approval detailing
accessibility of emergency fire equipment, fire hydrant location, and
any other construction features required by the Fire Marshal. The
applicant/developer shall be responsible for securing facilities
acceptable to the Fire Department and hydrants shall be operational
with required fire flow. (46- XIII -6)
23
The applicant/developer shall submit plans to the Police Department
Police
for review and approval for the purpose of incorporating safety
measures in the project design including the concept of crime
prevention through environmental design (e.g., building design,
circulation, site planning, and lighting of parking structures and
parking areas). (48- XIII -9)
24
The project design shall include parking lots with controlled access
Police
points to limit ingress and egress if determined to be necessary by the
Police Department, and shall be subject to the review and approval of
the Police Department (50- XIII -11)
25
The applicant/developer shall provide proof of compliance with
Building
Government Code Section 53080 (schools) to the Building Division
of the Planning Department. (51- XIII -12)
26
Appropriate Traffic Signal Assessment Fees and Traffic Impact and
Building (fee
Improvement Fees shall be paid by the applicant/developer to the City
payment); Traffic
of Anaheim in amounts determined by the City Council Resolution in
and
effect at the time of issuance of the building permit with credit given
Transportation
for City- authorized improvements provided by the
(credits /districts)
applicant/developer; and, participate in all applicable reimbursement
or benefit districts which have been established. (52 -MM 3.3 -2)
27
The applicant/developer shall irrevocably offer for dedication (with
Public Works -
subordination of easements), including necessary construction
Development
easements, the ultimate right(s) -of -way as shown in the Circulation
Services
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Element of the Anaheim General Plan for the widening of Katella and
Harbor Avenue. (53 -MM 3.3 -3)
28
Street improvement plans shall be submitted for all traffic related
Public Works -
improvements adjacent to the project site to the Public Works
Development
Department, Development Services Division for review and approval.
Services
These plans will show both sides of all streets and alleys adjacent to
the property, including all driveways and utility installations, signing
and striping. A bond shall be posted for all traffic related street
improvements, including, but not limited to, directional signage,
striping, and median islands as required for said project. All
improvements shall be installed and completed prior to the first final
building and zoning inspection.
29
Plans shall specifically indicate that all vehicular ramps and grades
Traffic and
conform to all applicable Engineering Standards.
Transportation
30
Plans for the parking structure shall demonstrate that at -grade ducts
Traffic and
and overhead pipes shall not encroach in the parking space areas or
Transportation
required vehicle clearance areas.
31
Plans shall demonstrate that fire lanes shall be posted with "No
Traffic and
Parking Any Time." Said information shall be specifically shown on
Transportation
plans submitted for building permits.
32
The applicant/developer shall abandon any existing City of Anaheim
Public Works -
Public Utilities easements conflicting with building footprints.
Development
Services
33
A lot line adjustment shall be submitted to the Public Works
Public Works -
Department, Development Services Division to merge the existing
Development
parcels into one legal lot. The Lot Line Adjustment shall be approved
Services
by the City Engineer and recorded in the office of the Orange County
Recorder.
34
A Right of Way Construction Permit shall be obtained from the Public
Public Works -
Works Department/Development Services for all work performed in the
Development
right -of -way. A bond shall be posted in an amount approved by the City
Services
Engineer and a form approved by the City Attorney. The improvements
shall be constructed prior to final building and zoning inspections.
35
The recordation of a Save Harmless in -lieu of Encroachment
Public Works -
Agreement is required for any private storm drains connecting to a City
Development
storm drain.
Services
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36
The existing middle driveway approach on Harbor Blvd shall be
Public Works -
removed and replace with curb, gutter, parkway landscaping and
Development
sidewalk. A bond shall be posted in an amount approved by the City
Services
Engineer and a form approved by the City Attorney prior to issuance of
a building permit. A Right of Way Construction Permit shall be
obtained from the Public Works Department/Development Services for
all work performed in the right -of -way. The improvements shall be
constructed prior to final building and zoning inspections.
37
The applicant/developer shall fully fund the implementation of
Traffic and
Intelligent Transportation Systems (ITS) improvements at and
Transportation
adjacent to the intersection of Harbor Boulevard and Katella Avenue.
The specific improvements to be implemented shall be: 1) a CCTV
installation at the Harbor Boulevard/ Convention Way intersection; 2)
performance monitoring station and detection to provide a permanent
traffic count station at the Harbor Boulevard/ Katella Avenue
intersection; and 3) ATC controller and ITS cabinet with hardened
Ethernet communications to cabinet at the Harbor Boulevard/ Katella
Avenue intersection. Implementation of these improvements shall be
to the satisfaction of the City Engineer. (55- MM XV -1)
38
The applicant/developer shall coordinate with all utility providers to
Building
ensure avoidance of any notable service disruptions during the
extension, relocation, upgrading of, or connection to services. (58-
PDF XVI -1)
39
The applicant/developer shall provide proof of participation in the
Traffic and
Anaheim Transportation Network (ATN) once the project is in
Transportation
operation.
Ongoing during project operations, every property owner and/or
lessee shall be a voting member of the ATN, subject to the terms and
provisions of the by -laws and association rules of the ATN.
Every property owner and/or lessee shall participate in ATN
coordinated transportation demand management efforts designed to
decrease traffic congestion and increase ridesharing.
Every property owner and/or lessee shall financially participate in the
operation of a clean fuel shuttle system, and pursue its use for
employee transportation, aka Anaheim Resort Transit. (56 -MM XV-
2)
40
The applicant/developer shall provide a plan for implementation and
Traffic and
administration of a comprehensive Transportation Demand
Transportation
Management (TDM) program for all employees. Objectives of the
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TDM program shall be:
Increase ridesharing and use of alternative transportation modes by
employees and guests.
Provide a menu of commute alternatives for employees to reduce
project - generated trips.
Conduct an annual commuter survey to ascertain trip generation, trip
origin, and Average Vehicle Ridership.
Every property owner and/or lessee shall designate an on -site contact
who shall be responsible for coordinating with the ATN and
implementing all trip mitigation measures. The on -site coordinator
shall be the one point of contact representing the project with the
ATN. The requirements of the mitigation measure shall be included in
the lease or other agreement with all of the project participants.
Documentation indicating compliance with this mitigation measure
shall be included in the annual monitoring report ongoing during
project operation. (57 -MM XV -3)
41
Water: The project shall be subject to the fees, terms and conditions
Water
of the Anaheim Resort Area Water Supply Assessment (currently
Engineering
under preparation), the APUD Water Rates, Rules and Regulations.
The developer /owner will be required to pay a share of the cost of the
additional water supply, based on a percentage of the average day
water demand imposed by the proposed development compared to the
capacity of a future water supply facility (e.g. well, MWD
connection).
The developer /owner will be required to pay fees in accordance with
APUD's Water Rates, Rules, and Regulations, Part 15E.
All new water connections shall be installed and constructed in
accordance with the latest version of Anaheim Water Services
Standard Specifications and the applicable Supplements. The
quantities of water delivered to the applicant/developer shall also be
subject to the requirements of the Orange County Water District and
the Metropolitan Water District of Southern California. (59 -SC XVI-
1)
42
The applicant/developer shall submit project plans to the Maintenance
Streets and
Department for review and approval to ensure that the plans comply
Sanitation
with AB 939, the Solid Waste Reduction Act of 1989, as administered
by the City of Anaheim and the County of Orange and City of
Anaheim Integrated Waste Management Plans. Prior to final building
and zoning inspection, implementation of said plan shall commence
and shall remain in full effect. Waste management mitigation
measures that shall be taken to reduce solid waste generation include,
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but are not limited to:
A. Detailing the location and design of on -site recycling facilities.
B. Providing on -site recycling receptacles to encourage recycling.
C. Complying with all Federal, State and City regulation for
hazardous material disposal.
Participating in the City of Anaheim's "Recycle Anaheim" program
or other substitute program as may be developed by the City.
In order to meet the requirements of the Solid Waste Reduction Act of
1989 (AB 939), the applicant/developer shall implement numerous
solid waste reduction programs, as required by the Public Works
Department, including, but not limited to:
• Facilitating paper recycling by providing chutes or convenient
locations for sorting and recycling bins.
• Facilitating cardboard recycling (especially in retail areas) by
providing adequate space and centralized locations for collection
and bailing.
• Facilitating glass recycling (especially from restaurants) by
providing adequate space for sorting and storing.
• Providing trash compactors for non - recyclable materials whenever
feasible to reduce the total volume of solid waste and the number
of trips required for collection.
• Prohibiting curbside pick -up. (MMP No. 0085 MM 3.9.3 -1, MMP
No. 0085a MM 9 -1) (60 -MM XVI -3)
43
The applicant/developer shall submit plans showing that each
Resource
structure will comply with the State Energy Efficiency Standards for
Efficiency
Nonresidential Buildings (Title 24, Part 6, Article 2, California Code
of Regulations); and, will consult with the City of Anaheim Utilities
Department, Resource Efficiency Division in order to review above
Title 24 measures to incorporate into the project design including
energy efficient designs. 62 (MM XVI -5)
44
The applicant/developer shall install an underground electrical service
Electrical
from the Public Utilities Distribution System. The Underground
Engineering
Service will be installed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems.
Electrical Service Fees and other applicable fees will be assessed in
accordance with the Electric Rules, Rates, Regulations and Electrical
Specifications for Underground Systems. (64-MM XVI -7)
45
The applicant/developer shall demonstrate on plans that fuel efficient
Building
models of gas - powered building equipment have been incorporated
-16- PC2012 -046
-17- PC2012 -046
into the project, to the extent feasible. (66 -MM XVI -9)
46
The applicant/developer shall submit plans showing that each
Building
structure will comply with the State Energy Efficiency Standards for
Nonresidential Buildings (Title 24, Part 6, Article 2, California Code
of Regulations); and, will consult with the City of Anaheim Utilities
Department, Resource Efficiency Division in order to review above
Title 24 measures to incorporate into the project design including
energy efficient designs. (69 -MM XVI -13)
47
The applicant/developer shall install an underground electrical service
Electrical
from the Public Utilities Distribution System. The Underground
Engineering
Service will be installed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems.
Electrical Service Fees and other applicable fees will be assessed in
accordance with the Electric Rules, Rates, Regulations and Electrical
Specifications for Underground Systems. (71- MMXVI -15)
48
The applicant/developer shall submit evidence that the transformers
Electrical
are PCB free. (72- MMXVI -16)
Engineering
49
The applicant/developer shall submit an emergency fire access plan to
Fire
the Fire Department for review and approval to ensure that service to
the site is in accordance with Fire Department Service Programs.
50
The applicant/developer shall coordinate with the Electrical
Electrical
Engineering Division to ensure that there will be no conflicts with the
Engineering
underground electrical systems and to establish electrical service
requirements and obtain electrical distribution plans.
51
Plans shall indicate that above- ground utility devices are located on
Electrical
private property and outside any required setback areas unless
Engineering
otherwise allowed by the Code. The above - ground utility devices
shall be specifically shown on construction plans in locations
substantially in accordance with the approved Final Site Plan.
Landscape and/or hardscape screening of all padmounted equipment
shall be required outside the easement area of the equipment.
52
The applicant/developer shall coordinate its service requirements and
Electrical
relocation issues with the City of Anaheim Public Utilities
Engineering
Department and the other utility companies involved.
53
Building plans shall show that the property shall be served with
Electrical
underground utilities per the Electrical Rates, Rules, and Regulations,
Engineering
and the City of Anaheim Underground Policy, with installation prior
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-18- PC2012 -046
to the first final building and zoning inspection.
54
The proposed project shall comply with all State Energy Insulation
Resource
Standards and City of Anaheim codes in effect at the time of
Efficiency
application for building permits. (Commonly referred to as Title 24,
these standards are updated periodically to allow consideration and
possible incorporation of new energy efficiency technologies and
methods. Title 24 covers the use of energy efficient building
standards, including ventilation, insulation and construction and the
use of energy saving appliances, conditioning systems, water heating
and lighting.) Plans submitted for building permits shall include
written notes demonstrating compliance with energy standards and
shall be reviewed and approved by the Public Utilities Department
prior to issuance of building permits.
55
The applicant/developer shall demonstrate in the building/design
Resource
plans that efficient lighting and lighting control systems will be
Efficiency
utilized in the building structure. In addition, the plans will utilize
natural light/daylight as an integral part of lighting systems in the
buildings. (GCC -1 -2)
56
The applicant/developer shall demonstrate that light colored "cool'
Resource
roofs, cool pavements, and strategically placed shade trees will be
Efficiency
incorporated into the building plans. In addition, the
applicant/developer shall also demonstrate that the hotel roofs will be
comprised of "cool roof' materials with SRI meeting LEED criteria.
(GCC -1 -3)
57
The applicant/developer shall demonstrate that solar power/heating,
Resource
(including automatic covers, and efficient pumps and motors for
Efficiency
pools and spas) will be utilized for the proposed pool and filter.
(GCC -1 -8)
58
The applicant/developer shall submit irrigation and detailed landscape
Resource
plans that utilize efficient landscape materials and water - efficient
Efficiency
irrigation systems and devices, such as soil moisture -based irrigation
controls for review and approval. (GCC -1 -13, GCC -1 -14)
59
The applicant/developer shall be responsible for demonstrating that
Resource
the irrigation systems will be high efficiency with minimum spray
Efficiency
type delivery carefully planned and adjusted to apply water only to
vegetated areas and to limit over - spray. (GCC -1 -18- GCC -1 -30)
60
The applicant/developer shall institute a demolition and construction
Resource
waste diversion program, coordinated with the local waste
Efficiency
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_19- PC2012 -046
management company, to achieve a goal of 50% diversion /recycle of
demolition and construction waste. Reuse and recycle construction
and demolition waste (including, but not limited to, soil, vegetation,
concrete, lumber, metal, and cardboard). (GCC -1 -23)
61
The applicant/developer shall demonstrate that they have incorporated
Traffic and
public transit into the project design including a loading and staging
Transportation
area for tour busses and the local tourist shuttle as shown on the final
site plan. (GCC -1 -29)
62
The applicant/developer shall incorporate the following energy saving
Electrical
practices into building plans. The applicant/developer shall
Engineering
implement, to the extent feasible, these energy saving practices, in
compliance with Title 10 of the Anaheim Municipal Code, prior to
final building and zoning inspection:
a. Consultation with the Public Utilities Department energy
conservation experts for assistance with energy conservation
design features.
b. Use of electric motors designed to conserve energy.
c. Use of special lighting fixtures such as motion sensing light
switch devices and compact fluorescent fixtures in place of
incandescent lights.
d. Use of T8 lamps and electronic ballasts. Metal halide or high -
pressure sodium for outdoor lighting.
63
Prior to issuance of the first final site plan, the project
Public Works
applicant/developer shall provide fair -share funding (as identified in
the project traffic study) for following improvements:
• Manchester Avenue/ I -5 Southbound Ramps at
Katella Avenue: Modify the existing traffic
signal and install a northbound right -turn
overlap phase with the westbound left -turn
phase. Re- stripe the northbound approach to
have one left -turn lane and two right -turn lanes.
• Anaheim Boulevard at Disney Way/ Manchester
Avenue/ I -5 Southbound Ramps: Re -stripe the
eastbound shared left - through turn lane on
Disney Way to a through lane. Modify the
traffic signal to remove the split -phase in the
east/west direction and provide a protected left -
turn in the eastbound direction. This shall
restore the eastbound and westbound
approaches and phasing to existing conditions.
_19- PC2012 -046
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
64
The applicant/developer shall demonstrate to the satisfaction of the
Planning
City Planning Director or his /her designee, that that the LED display
Building
does not cause any significant off -site lighting spillage on the
adjacent property to the south and the west.
If the City Planning Director or his/her designee determines there is
an impact, the applicant/developer shall be required to comply with
mitigations listed below, or with equivalent mitigation, to mitigate the
impact:
1. The applicant/developer may be required to dim the output of the
LED display, either automatically (photovoltaic sensor) or manually,
to ensure no off -site lighting spillage; and/or
2. The applicant/developer may be required to adjust the angle of the
LED display in a different direction since most modern display
modules are designed with louver -like dividers between the rows of
LEDs that help focus the light emissions to the intended viewers
and/or;
3. The applicant/developer may be required to apply lighting shields
to limit off -site spillage to adjacent properties;
The LED structure will be required to be affixed to the building in a
manner that is acceptable to the Planning Department, Building
Division. Structural/building plans will be required to be reviewed
and approved by the City Building Official and the Planning Director
will review the final location for the LED display. Operation of the
LED display will not be permitted until the City Planning Director
and the Building Official grants final approval and completes
inspection of the structure. (2 -New MM)
65
The applicant/developer shall participate in the Anaheim Assessment
Planning
District for landscape installation and maintenance. (6 -MM 3.11 -4)
66
The applicant/developer shall submit an earthquake emergency
Fire
response plan for review and approval. The plan shall require posted
notices in hotel rooms on earthquake safety procedures and
incorporate ongoing earthquake training for hotel staff. (24-MM 3.6-
5)
67
The applicant/developer shall submit a letter from a licensed
Planning
landscape architect to the City certifying that the landscape
installation and irrigation systems have been installed as specified in
the approved landscaping and irrigation plans. (32 -MM VIII -4)
68
The applicant/developer shall place emergency telephone service
Fire
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numbers in prominent locations as approved by the Fire Department.
(47- XIII-8)
69
The applicant/developer shall implement energy- saving practices in
Resource
compliance with Title 24, which may include the following:
Efficiency
• Use of high - efficiency air conditioning systems controlled by a
computerized management system including features such as a
variable air volume system, a 100 - percent outdoor air economizer
cycle, sequential operation of air conditioning equipment in
accordance with building demands, isolation of air conditioning to
any selected floor or floors.
• Use of electric motors designed to conserve energy.
• Use of special lighting fixtures such as motion sensing light switch
devices and compact fluorescent fixtures in place of incandescent
lights.
• Use of T8 lamps and electronic ballasts. Metal halide or high -
pressure sodium for outdoor lighting and parking lots. (63 -MM
XVI -6)
70
The Southern California Gas Company has developed several
Southern
programs which are intended to assist in the selection of the most
California Gas
energy - efficient water heaters and furnaces. The applicant/developer
Company
shall implement a program to reduce the demand on natural gas
supplies. (65 -MM XVI -8)
71
A study of area television reception shall be undertaken by the
Public Works -
applicant/developer and submitted to the City Engineer for review
Development
and approval. If the City Engineer determines that the proposed
Services
project creates a significant impact on broadcast television reception
at local residences and other existing hotels /restaurants or other
businesses, the applicant/developer shall immediately install a signal
booster or relay system on the roof of the tallest project building to
restore television reception to its original condition. In no event shall
heights set forth in Section 18.04.035 of the Anaheim Municipal
Code entitled, "Structural Height Limitations - Anaheim Commercial
Recreation Area" be exceeded. (67 -MM XVI -10)
72
The applicant shall:
Public Works -
• Demonstrate that all structural BMPs described in the Project &
Development
Services
Site Specific WQMP have been constructed and installed in
conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project & Site Specific WQMP
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• Demonstrate that an adequate number of copies of the approved
Project & Site Specific WQMP are available onsite.
• Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
73
The installation of new electrical facilities systems shall be timed to
Electrical
coincide with the level of development that would require this
Engineering
improvement, to the satisfaction of the Anaheim Public Utilities
Department and other utility companies.
74
The applicant/developer shall provide the City of Anaheim with a
Electrical
public utilities casement (per final electric design), alonglacross high
Engineering
voltage lines, low voltage lines crossing private property, and around
all padmounted transformers, switches, capacitors, etc. Said easement
shall be submitted to the City of Anaheim prior to connection of
electrical service. Landscape and/or hardscape screening of all
padmounted equipment shall be required outside the easement area of
the equipment. .
75
The applicant/developer shall provide evidence that educational
Resource
material including the hotel's website and literature will feature
Efficiency/
energy conservation strategies as part of the Guest information and
Planning
education program. (GCC -1 -9)
76
The applicant/developer shall be provide a copy of literature and/or
Resource
materials that will be provided to guests about water conservation and
Efficiency
available programs and incentives (i.e. Hotel website and literature
Planning
will feature water conservation strategies as part of the Guest
information and education program). (GCC -1 -22)
77
The applicant/developer shall demonstrate that they are providing
Resource
interior and exterior storage areas for recyclables and green waste and
Efficiency
adequate recycling containers located in public areas. The project will
include waste collection areas suitable for sorting and storing
recyclable materials. A recycling program will be coordinated with
Streets and
the local waste management company to recycle glass, metals, plastic.
Sanitation
cardboard, and green waste. (GCC -1 -24)
PRIOR TO ISSUANCE OF GRADING PERMITS
78
The applicant/developer shall submit Demolition and Import/Export
Public Works —
Plans, if determined to be necessary by the Public Works/Engineering
Development
Department. The plans shall include identification of offsite locations
Services
for materials exported from the project and options for disposal of
excess material. These options may include recycling of materials
onsite, sale to a soil broker or contractor, sale to a project in the
-22- PC2012 -046
-23- PC2012 -046
vicinity or transport to an environmentally cleared landfill, with
attempts made to move it within Orange County. The
applicant/developer shall offer recyclable building materials, such as
asphalt or concrete, for sale or removal by private firms or public
agencies for use in construction of other projects, if it cannot be
reused on project site. (10 -MM 3.4 -4)
79
The applicant/developer shall submit to the Public Works
Public Works —
Department/Development Services for review and approval a Water
Development
Quality Management Plan that:
Services
• Addresses Site Design Best Management Practices (BMPs) such
as minimizing impervious areas, maximizing permeability,
minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as
defined in the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long -term operation and maintenance
requirements for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long -term
operation and maintenance of the Treatment Control BMPs, and
Describes the mechanism for funding the long -term operation
and maintenance of the Treatment Control BMPs.
• Includes public structural BMPs to address runoff from public
areas associated with the construction of this project, which
have been reviewed and approved by the City's Resort
Services, in Public Works' Operations and Maintenance
Division, as well as Public Works' Development Services
Division.
80
If the ornamental trees on the project site are proposed to be removed
Planning
during the nesting season, (February 1 to June 30), a qualified
Biologist shall be required to inspect the trees prior to removal to
ensure no nesting birds are present. If an active nest is present, then
Public Works —
the Biologist will identify appropriate minimization measures to the
Development
satisfaction of the City of Anaheim Planning Department. (SC N -1)
Services
81
The applicant/developer shall submit a letter identifying the certified
Public Works -
archaeologist that has been hired to ensure that the following actions
Development
are implemented:
Services
a. The archaeologist must be present at the pregrading conference in
order to establish procedures for temporarily halting or redirecting
work to permit the sampling, identification, and evaluation of
artifacts if potentially significant artifacts are uncovered. If
-23- PC2012 -046
-24- PC2012 -046
artifacts are uncovered and determined to be significant, the
archaeological observer shall determine appropriate actions in
cooperation with the applicant/developer for exploration and/or
salvage.
b. Specimens that are collected prior to or during the grading process
will be donated to an appropriate educational or research
institution.
c. Any archaeological work at the site shall be conducted under the
direction of the certified archaeologist. If any artifacts are
discovered during grading operations when the archaeological
monitor is not present, grading shall be diverted around the area
until the monitor can survey the area.
d. A final report detailing the findings and disposition of the
specimens shall be submitted to the City Engineer. Upon
completion of the grading, the archaeologist shall notify the City
as to when the final report will be submitted. (17 -MM 3.12 -1)
82
The applicant/developer shall submit a letter identifying the certified
Public Works -
paleontologist that has been hired to ensure that the following actions
Development
are implemented:
Services
a. The paleontologist must be present at the pregrading conference in
order to establish procedures to temporarily halt or redirect work
to permit the sampling, identification, and evaluation of fossils if
potentially significant paleontological resources are uncovered. If
artifacts are uncovered and found to be significant, the
paleontological observer shall determine appropriate actions in
cooperation with the applicant/developer for exploration and /or
salvage.
b. Specimens that are collected prior to or during the grading process
will be donated to an appropriate educational or research
institution.
c. Any paleontological work at the site shall be conducted under the
direction of the certified paleontologist. If any fossils are
discovered during grading operations when the paleontological
monitor is not present, grading shall be diverted around the area
until the monitor can survey the area.
d. A final report detailing the findings and disposition of the
specimens shall be submitted. Upon completion of the grading, the
paleontologist shall notify the City as to when the final report will
be submitted. (18 -MM 3.12 -2)
83
The applicant/developer shall demonstrate on plans submitted for
Public Works -
grading permits, that they will implement measures to reduce
Development
construction- related air quality impacts. These measures shall
Services
include, but are not limited to:
-24- PC2012 -046
-25- PC2012 -046
a. Normal wetting procedures (at least twice daily) or other dust
palliative measures shall be followed during earth- moving
operations to minimize fugitive dust emissions, in compliance
with the City of Anaheim Municipal Code including application
of chemical soil stabilizers to exposed soils after grading is
completed and replacing ground cover in disturbed areas as
quickly as practicable.
b. Enclosing, covering, watering twice daily, or applying approved
soil binders, according to manufacturer's specification, to exposed
stock piles.
c. Roadways adjacent to the project shall be swept and cleared of
any spilled export materials at least twice a day to assist in
minimizing fugitive dust; and, haul routes shall be cleared as
needed if spills of materials exported from the project site occur.
d. Where practicable, heavy duty construction equipment shall be
kept onsite when not in operation to minimize exhaust emissions
associated with vehicles repetitiously entering and exiting the
project site.
e. Trucks importing or exporting soil material and/or debris shall be
covered prior to entering public streets.
f. Taking preventive measures to ensure that trucks do not carry dirt
on tires onto public streets, including treating onsite roads and
staging areas.
g. Preventing trucks from idling for longer than 2 minutes. (9 -MM
3.4-3)
84
The applicant/developer shall submit to the City Engineer for review
Public Works -
and approval, a soils and geological report for the area to be graded,
Development
based on proposed grading and prepared by an engineering geologist
Services
and geotechnical engineer. All grading shall be in conformance with
Title 17 of the Anaheim Municipal Code. (20 -MM VI -2)
85
The applicant/developer shall implement standard practices for all
Public Works -
applicable codes and ordinances to prevent erosion to the satisfaction
Development
of the Public Works Department, Development Services Division.
Services
(23 -MM VI -5)
86
The applicant/developer shall submit a plan for review and approval
Fire
to the Hazardous Materials Section of the Fire Department which
details procedures that will be taken if a previously unknown USTs,
or other unknown hazardous material or waste, is discovered onsite.
(26 -MM VII -2)
87
The applicant/developer shall provide an Asbestos Identification
Fire
Survey to the Hazardous Materials Section of the City of Anaheim
Fire Department. This Survey shall detail procedures that will be
-25- PC2012 -046
-26- PC2012 -046
taken if previously unknown underground storage tanks (USTs), or
other unknown hazardous material or waste is discovered. (27-
Additional MM VII-2)
88
The applicant/developer shall prepare a Storm Water Pollution
Public Works -
Prevention Plan (SWPPP) that will:
Development
• Require implementation of Best Management Practices (BMPs)
Services
designed with a goal of preventing a net sediment load increase in
storm water discharges relative to preconstruction levels;
• Prohibit, during the construction period, discharges of storm water
or non -storm water at levels which would cause or contribute to an
exceedance of applicable water quality standards contained in the
Basin Plan;
• Discuss in detail the BMPs planned for the project related to
control of sediment and erosion, non - sediment pollutants, and
potential pollutants in non -storm water discharges;
• Describe post - construction BMPs for the project;
• Explain the maintenance program for the project's BMPs;
• Require reporting of violations to the Regional Board during
construction; and
• List the parties responsible for SWPPP implementation and BMP
maintenance during and after grading. (28 -SC 4.5 -1)
89
The applicant/developer shall ensure compliance with all
Public Works -
recommended structural and non - structural Best Management
Development
Practices identified in the Water Quality Management Plan (WQMP).
Services
(29 -MM VIII-1)
90
The applicant/developer shall obtain coverage under the NPDES
Public Works -
Statewide Industrial Stormwater Permit for General Construction
Development
Activities from the State Water Resources Control Board. Evidence of
Services
attainment shall be submitted to the City Engineer. (30 -MM VIII -2)
91
The applicant/developer shall submit a Master Drainage and Runoff
Public Works -
Management Plan (MDRMP) for review and approval by the Public
Development
Works/Engineering Department, Development Services Division and
Services
Orange County Environmental Management Agency. The Master
Plan shall include, but not be limited to, the following items:
a. Backbone storm drain layout and pipe size, including supporting
hydrology and hydraulic calculations for storms up to and
including the 100 -year storm; and,
b. A delineation of the improvements to be implemented for control
of project - generated drainage and runoff. (34 -MM VIII -6)
-26- PC2012 -046
92
The applicant/developer shall submit an emergency fire access plan to
the Fire Department for review and approval to ensure that service to
the site is in accordance with Fire Department service requirements.
Fire
93
The applicant/developer shall participate in the City's Master Plan of
Public Works -
Storm Drains and related Infrastructure Improvement (Fee) Program
Development
to assist in mitigating existing and future storm drainage system
Services
deficiencies as follows. (MMP No. 0085a MM 13 -1)
The applicant/developer shall submit a report for review and approval
by the City Engineer to assist with determining the following:
• If the specific development/redevelopment does not increase or
redirect current or historic storm water quantities /flows, then the
property owner's/ developer's responsibility shall be limited to
participation in the Infrastructure Improvement (Fee) Program to
provide storm drainage facilities in 10- and 25 -year storm
frequencies and to protect properties /structures for a 100 -year
storm frequency.
• If the specific development/redevelopment increases or redirects
the current or historic storm water quantity /flow, then the
applicant/developer shall be required to guarantee mitigation to the
satisfaction of the City Engineer and City Attorney's Office of the
impact prior to approval of a final subdivision map or issuance of a
grading or building permit, whichever occurs first, pursuant to the
improvements identified in the Master Plan of Drainage for the
South Central Area. The applicant/developer shall be required to
install the storm drainage facilities as recommended by the Master
Plan of Drainage for the South Central Area to provide storm
drainage facilities for 10- and 25 -year storm frequencies and to
protect properties /structures for a 100 -year storm frequency prior
to acceptance for maintenance of public improvements by the City
or final building and zoning inspection for the building/structure,
whichever occurs first. Additionally, the applicant /developer shall
participate in the Infrastructure Improvement (Fee) Program as
determined by the City Engineer which could include fees, credits,
reimbursements, or a combination thereof. As part of guaranteeing
the mitigation of impacts on the storm drainage system, a storm
drainage system improvement phasing plan for the project shall be
submitted by the applicant/developer to the City Engineer for
review and approval and shall contain, at a minimum, (1) a layout
of the complete system; (2) all facility sizes, including support
calculations; (3) construction phasing; and, (4) construction
estimates.
(Note: The City has adopted the Storm Drain Impact and
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-28- PC2012 -046
Improvement Fee Program for the South Central City Area.
Compliance with this Fee Program by the applicant/developer (per
Ordinance No. 5491 and Resolution No. 95R -61 dated April 18,
1995) shall satisfy the requirements of this mitigation measure). (68-
MM xVI -12)
94
The applicant/developer shall enter into a Right -of -Way
Public Works
Encroachment License Agreement with the City for the maintenance
of the water features proposed within the public right -of -way.
GENERAL
95
The applicant/developer shall implement measures to reduce
Traffic and
emissions to the extent practical, schedule goods movements for off-
Transportation
peak traffic hours, and use clean fuel for vehicles and other
equipment, as practicable. (7 -MM 3.4 -1)
96
The applicant/developer shall provide for the following: cleaning of
Streets and
all paved areas not maintained by the City of Anaheim on a monthly
Sanitation
basis, including, but not limited to, private streets and parking lots.
The use of water to clean streets, paved areas, parking lots, and other
areas and flushing the debris and sediment down the storm drains
shall be prohibited. (31 -MM VIII -3)
97
The sanitary sewer and storm drains for this development shall be
Public Works —
privately maintained except the mainline sewer and storm drain within
Development
the public streets.
Services
98
That it is the responsibility of the OWNER to remove and relocate
Public Works —
any traffic signal poles and equipment at the intersection of Katella
Development
Avenue and Harbor Boulevard if necessary at the OWNERS expense.
Services
99
The applicant/developer shall ensure that all internal combustion
Building
engines on construction equipment and trucks are fitted with properly
maintained mufflers. (37 -MM 23.5 -3)
100
The applicant/developer shall ensure that large bulldozers, large
Planning,
heavy trucks, and other similar equipment not be used within 20 feet
Building
of the built or occupied parts of Islander Inn Suites. The work shall be
done with medium -sized equipment or smaller within this distance.
(39- Additional MM)
101
Ongoing during project operation, the applicant/developer shall
Police
provide private security on the premises to maintain adequate security
for the entire project subject to review and approval of the Police
Department. The use of security patrols and electronic security
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-29- PC2012 -046
devices (i.e., video monitors) should be considered to reduce the
potential for criminal activity in the area. (49- XIII -10)
102
If the Anaheim Police Department or Anaheim Traffic Management
Police/
Center (TMC) personnel are required to provide temporary traffic
Traffic and
control services, the applicant/developer shall reimburse the City, on
Transportation
a fair share basis, if applicable, for reasonable costs associated with
such services. (54 -MM 3.3 -7)
103
The following practices shall be implemented during project
Resource
operations, as feasible, by the applicant/developer:
Efficiency
• Usage of recycled paper products for stationery, letterhead, and
packaging.
• Recovery of materials such as aluminum and cardboard.
• Collection of office paper for recycling.
• Collection of polystyrene (foam) cups for recycling.
• Collection of glass, plastics, kitchen grease, laser printer toner
cartridges, oil, batteries, and scrap metal for recycling or recovery.
(61 -MM XVI -4)
104
The applicant/developer shall be responsible for ensuring that idling
Traffic and
time is limited for commercial vehicles, including delivery and
Transportation
construction vehicles. (GCC -1 -33)
105
The subject property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim by the
petitioner and which plans are on file with the Planning Department
marked Exhibit Nos. 1 through 82, and as conditioned herein.
106
The time period to satisfy conditions of approval shall be two (2)
Planning
years, commencing immediately following the original expiration
date, which was March 31, 2012. Extensions for further time to
complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code, as the same may
be amended from time to time.
107
That timing for compliance with conditions of approval may be
Planning
amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original
intent and purpose of the condition(s), (ii) the modification complies
with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or
approved development.
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108
Approval of this application constitutes approval of the proposed
Planning
request only to the extent that complies with the Anaheim Municipal
Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
109
No required parking areas shall be fenced or otherwise enclosed for
Planning
outdoor storage uses.
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