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Resolution-PC 2012-069RESOLUTION NO. PC2012 -069 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING FINAL SITE PLAN NO. 2011 -00003 AND VARIANCE NO. 2012 -04890 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2011- 00137) (2035 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Final Site Plan No. 2011 -00003 and Variance No: 2012 -04890 to construct a 5 -story, 178 -room hotel (the 'Project ") with a variance from driveway placement requirements and fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 2035 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.69- acres, is vacant. The Property is located in the SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 24, 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 Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, a Mitigated Negative Declaration ( "MND ") was prepared to evaluate the physical environmental impacts of the Project in conformance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") pursuant to State CEQA Guidelines Section 15070. The MND finds that the project will have less than significant impacts to the environment, with the implementation of mitigation measures; and WHEREAS, the MND was circulated for a 20 -day public review period from August 24, 2012, through September 13, 2012; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission has reviewed and considered the MND and associated Mitigation Monitoring and Reporting Program No. 0085c ( "MMP "), together with written comment letters (if any) received during the CEQA public review period along with any testimony received at the public hearing and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Project will not result in significant impacts to the environment; and - 1 - PC2012 -069 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. That the request to construct the Project complies with the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04890 and the conditions of approval. 2. The design and layout of the proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the proposed Project. WHEREAS, the Planning Commission does further find and determine that the request for a variance for fewer parking spaces than required by the Code should be approved for the following reasons: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (263 spaces required; 249 spaces proposed) (b) SECTION NO. 18.116.140.1101.01 Maximum number of curb openings. (1 curb opening permitted; 2 curb openings proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because a parking study was submitted by the applicant dated July 15, 2012, determining that the proposed number of parking spaces for the project is sufficient to accommodate the proposed hotel and the adjacent Cortona Inn and Suites. The parking study indicates that 206 parking spaces will be required by the two hotels during peak demand operating hours based on observations at the existing Cortona Inn and Suites and similar hotels in the vicinity; -2- PC2012 -069 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the peak parking demands of the existing and proposed hotel; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate peak parking demands of the existing and proposed hotel; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off- street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the Property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the hotel uses. 6. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property if it were developed in conformance with development standards. The subject Property has a lot width that is significantly less than the surrounding lots in the vicinity. The limitation of one driveway to serve two hotel properties will serve to confuse motorists and create circulation and parking problems on the site. Therefore, it is appropriate to permit an additional curb opening on the Property. 7. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: 1. The Planning Commission hereby approves and adopts the MND and the MMP in the form presented at this meeting. 2. The Planning Commission does hereby approve Final Site Plan No. 2011 -00003 and Variance No. 2012 - 04890, 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to -3- PC2012 -069 complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 3. Any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. 4. The 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. 5. Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. 6. 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 24, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. � CHAIR PRO- TEMPORE. ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SWA TARY, ANAHEIM COMMISSION PC2012 -069 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 September 24, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of September, 2012. SENIOR S11CRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -069 EXHIBIT "A" DEV NO. 2011 -00137 APN: 137 - 141 -14 137- 141 -13 3 0 x W CONVENTION WAY 281' iV m N N N 52' N O 332' m K 0 m C Q 2 N Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/_ two to five feet. -6- PC2012 -069 EXHIBIT `B" FINAL SITE PLAN NO. 2011-00003 AND VARIANCE NO. 2012-04890 (DEV2011- 00137) -7- PC2012 -069 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 GRADING PERMITS 1 Prior to approval of each grading plan (for hnport/Export Plan) and Planning prior to issuance of demolition permit (for Demolition Plan), the Department, property owner /developer shall submit Demolition and Import/Export Building Plans. The plans shall include identification of offsite locations for Division materials exported from the project and options for disposal of excess materials. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. (MM 111 -4) 2 Ornamental shrub and tree removal shall be conducted outside the Planning nesting bird/raptor season (March 15 to September 15 for nesting Department, birds; February 1 to June 30 for nesting raptors), to the extent Building practicable. If construction or vegetation removal would occur Division between February 1 and September 15, the Project Applicant shall conduct a pre - construction survey for active bird/raptor nests within three days prior to commencement of construction activities /vegetation removal. Should an active nest be identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active as determined by a qualified Biologist. The size of the protective buffer will be determined by the Biologist based on the location of the nest; the type of construction activities; the existing human activity in the vicinity of the nest; and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed within the buffer zone. (MM W -1) 3 Prior to approval of each grading plan, the property owner /developer Planning shall submit a letter to the Public Works/Engineering Department, Department, Development Services Division, and the Planning Department, Building Planning Division, identifying the certified archaeologist that has Division been hired to ensure that the following actions are implemented: -7- PC2012 -069 -8- PC2012 -069 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 artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. B. Specimens that are collected prior to or during the grading process 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 to when the final report will be submitted. (MM V -1) 4 The property owner /developer shall submit a letter to the Planning Planning Department identifying the certified paleontologist that has been hired Department, to ensure that the following actions are implemented: Building Division 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 property owner /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. (MM V -2) 5 The property owner /developer shall submit to the Building Division Planning -8- PC2012 -069 -9- PC2012 -069 for review and approval, a soils and geological report for the area to Department, be graded, based on proposed grading and prepared by an engineering Building geologist and geotechnical engineer. All grading shall be in Division conformance with Title 17 of the Anaheim Municipal Code. (MM VI- 2) 6 The property owner /developer shall submit for review and approval, Planning detailed foundation design information for the subject building(s), Department, prepared by a civil engineer, based on recommendations by a Building geotechnical engineer. (MM VI -3) Division 7 Prior to issuance of each foundation permit, the property Planning owner /developer shall submit a report prepared by a geotechnical Department, engineer for review and approval which shall investigate the subject Building foundation excavations to determine if soft layers are present Division immediately beneath the footing site and to ensure that compressibility does not underlie the footing. (MM VI -4) 8 The property owner /developer shall submit a plan for review and Fire Department approval to the Environmental Protection 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. (MM VII -2) 9 Prior to the initiation of grading, and throughout the duration of Planning project construction, the property owner /developer shall ensure Department, compliance with all recommended structural and non - structural Best Building Management Practices identified in the Water Quality Management Division Plan (WQMP). (MM VII -1) 10 The property owner /developer shall obtain coverage under the Public Works NPDES Statewide Industrial Stormwater Permit for General Department, Construction Activities from the State Water Resources Control Development Board. Evidence of attainment shall be submitted to the City Services Engineer. (MM VIII -2) 11 Prior to approval of the first grading plan or issuance of the first Planning building permit, whichever occurs first, the property owner /developer Department, shall submit a Master Drainage and Runoff Management Plan Building (MDRMP) for review and approval by the Public Works /Engineering Division Department, Development Services Division, and 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 -9- PC2012 -069 _10- PC2012 -069 of project generated drainage and runoff. (MM VII -6) 12 Construction General Permit Notice of Intent (NOI): This project will Public Works, result in soil disturbance of one or more acres of land that has not Development been addressed by an underlying subdivision map. Prior to the Services issuance of preliminary or precise grading permits, the Landowner or subsequent Project Applicant shall provide the City Engineer with evidence that an NOI has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or Regional Water Quality Control Board, or a letter from either agency. (SC 4.5- 1) 13 The Landowner or subsequent Project Applicant shall prepare an Planning SWPPP that will: Department, • Require implementation of Best Management Practices (BMPs) Building designed with a goal of preventing a net sediment load increase in Division storm water discharges relative to preconstruction levels; • Prohibit, during the construction period, discharges of storm water or non -storm water at levels that 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; • During construction, require reporting of violations to the Regional Water Quality Control Board; and • List the parties responsible for SWPPP implementation and BMP maintenance during and after grading. The project proponent shall implement the SWPPP and will modify the SWPPP as directed by the Construction General Permit. (SC 4.5 -2) 14 Prior to issuance of each grading and building permit, the Property Planning Owner/Developer shall place a note on the grading and construction Department, plans stating that the Construction Contractor shall limit all Planning construction- related activities that would result in high noise levels of Services 60 decibels or greater at or beyond the property boundaries so they occur between the hours of 7:00 AM and 7:00 PM Monday through Saturday. (SC XII -1) 15 The property owner /developer shall submit grading and construction Planning plans to the Building Division incorporating the following conditions: Department, Building A. Contractors shall schedule construction activities to avoid Division simultaneous use of several pieces of high noise level - emitting equipment, to the extent practicable. B. Construction equipment shall be fitted with manufacturer's standard (or better) noise shielding and muffling devices to reduce _10- PC2012 -069 - 11 - PC2012 -069 noise levels to the maximum extent feasible. C. Equipment maintenance and staging areas should be located as far away from local residences and hotel uses as feasible. (MMXII -3) 16 At least one week prior to the start of site preparation and grading Planning activities, the property owner /developer shall provide notices to the Department, management of the Cortona Inn & Suites and the Clarion Hotel Planning advising the start date of noise generating activities, the hours of Services work, and the projected completion of the grading and excavation Division phases. This notice will allow the hotel operators, if they choose, to leave vacancies in the noisiest rooms as conditions may allow. A copy of the notices shall be provided to the City of Anaheim Planning Services Division. (MM XII-4) 17 The property owner /developer shall submit grading plans to the City Planning of Anaheim Building Division that prohibit the use of large Department, bulldozers and large loaded trucks within 45 feet of normally Building occupied buildings. (MM XXII -5) Division 18 The property owner /developer shall submit an emergency fire access Fire Department plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. (MM XN -3) 19 Prior to the issuance of the first building permit or grading permit, Public Utilities, whichever occurs first, the Property Owner/Developer shall comply Water with Rule 15E of the Public Utilities Department Water Rates, Rules, Engineering and Regulations. Rule 15E shall be amended to include: Division (1) Construction of 8,095 linear feet of sewer pipe are recommended for replacement in Model 15, within the C -R and PR Districts, along Haster Street, Katella Avenue, Clementine Street, and Harbor Boulevard, to accommodate build -out of the proposed project. The existing sewers range from 8 -inch to 24 -inch in diameter and are recommended for replacement with 10 -inch to 30 -inch diameter sewers. Note: To implement this mitigation measure, the City has adopted the Anaheim Resort Water Facilities Fee Program (Rule 15E of the Water Rates, Rules and Regulations). Compliance with this Fee Program by the property owner /developer (per Resolution No. 95R -140, effective September 1, 1995) shall satisfy the requirement of this Mitigation Measure, or the City may enter into alternative financing arrangements). (MMXVII -1) 20 The property owner /developer shall participate in the City's Master Public Works, Plan of Sewers and related Infrastructure Improvement (Fee) Development Program to assist in mitigating existing and future sanitary sewer Services system deficiencies as follows: - 11 - PC2012 -069 -12- PC2012 -069 The property owner /developer shall submit a report for review and approval of the City Engineer to assist in determining the following: A. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of discharge, then the property owner's /developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. B. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) increases flows or changes points of discharge, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the 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 South Central Area Sewer Deficiency Study. The property owner /developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building/structure, whichever comes first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner /developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which 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. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). (MM XVH-4) 21 Prior to issuance of a grading or building permit, whichever occurs Public Works, first, the property owner /developer shall participate in the City's Development Master Plan of Storm Drains and related Infrastructure Improvement Services (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: A. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities /flow, then the property owner's /developer's responsibility shall be limited to -12- PC2012 -069 - 13- PC2012 -069 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. B. If the specific development/redevelopment increases or redirects the current or historic storm water quantity /flow, then the property owner /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 property owner /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 property owner /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 property owner /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 Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the Property Owner/Developer [per Ordinance No. 5491 and Resolution No. 95R -61 dated April 18, 1995] shall satisfy the requirements of this mitigation measure.) (MM VII -9) 22 A lot line adjustment shall be submitted to the Public Works Public Works, Department, Development Services Division to adjust parcel l and 2 Development of parcel lot line adjustment 119. The Lot Line Adjustment shall be Services approved by the City Surveyor and recorded, along with perfecting deed, in the office of the Orange County Recorder pri or to issuance of a building permit. 23 The developer shall submit street improvement plans to improve Public Works, Harbor Blvd per The Anaheim Resort standards, including planting Development and irrigation for the public parkway to the Public Works Services Department, Development Services Division. The parkway landscaping strips, 8 feet behind curb and 8 feet behind sidewalk, shall be constructed with the irrigation connected to the City system, and maintained by City Resort Services Division. Prior to issuance of a building permit, the developer shall submit a bond to guarantee that - 13- PC2012 -069 -14- PC2012 -069 the improvements are constructed prior to final building and zoning inspection. [Anaheim Municipal Code Section 18.40] PRIOR TO ISSUANCE OF BUILDING PERMITS 24 The property owner /developer shall submit plans which illustrate that Planning all mechanical equipment and trash areas for the subject building(s) Department, will be screened from adjacent public streets and adjacent residential Planning areas. Screening shall be installed prior to final building and zoning Services inspection. (MM I -1) Division 25 The property owner /developer shall comply with all SCAQMD offset SCAQMD, regulations and implementation of Best Available Control Planning Technology (BACT) and Best Available Retrofit Control Technology Department, (BARCT) for any new or modified stationary source. Copies of Planning permits shall be given to the Planning Department. (MM III -5) Services Division 26 The property owner /developer shall implement, and demonstrate to Planning the City, measures that are being taken to reduce operation - related air Department, quality impacts. These measures may include, but are not limited to, Building the following: Division A. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. B. Incorporate efficient heating and other appliances. C. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. D. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. E. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. (MM III -6) 27 The implementation of energy conservation techniques (i.e., Planning installation of energy saving devices, construction of electrical Department, vehicle charging stations, use of sunlight filtering window coatings or Building double paned windows, utilization of light - colored roofing materials Division as opposed to dark colored roofing materials, and placement of shady trees next to habitable structures) shall be indicated on plans. (MM III -7) 28 The property owner /developer shall submit a landscape and irrigation Public Utilities, plan which shall be prepared and certified by a licensed landscape Water architect. The landscape plan shall include a phasing plan for the Engineering installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. -14- PC2012 -069 -15- PC2012 -069 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 over - watering is minimized. 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. (MM I -2) 29 The property owner /developer shall submit plans which detail the Planning lighting system for any parking facilities adjacent to residential or Department, light- sensitive uses. The systems shall be designed and maintained in Planning such a manner as to conceal light sources to the extent feasible to Services minimize light spillage and glare to the adjacent uses. The plans shall Division 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. (PDF 1 -1) 30 The property owner /developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. This information shall be denoted on the project plans and specifications. The property owner /developer shall also implement the following to limit emission from architectural coatings and asphalt usage: A. Use nonsolvent -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. (MM 11I -2) 31 The property owner /developer shall submit plans showing that the Planning proposed structure has been analyzed for earthquake loading and Department, designed according to the most recent seismic standards in the Building Uniform Building Code adopted by the City of Anaheim. (MM VI -1) Division 32 The property owner /developer shall install piping onsite with project Planning water mains so that reclaimed water may be used for landscape Department, irrigation, if and when it becomes available from the County Planning Sanitation District of Orange County. (MM VII -5) Services 33 The projects shall be required to comply with requirements in effect Planning -15- PC2012 -069 - 16- PC2012 -069 at the time building permits are issued (i.e., impact fees, etc.) (MM Department, XPd -1) Building Division 34 Prior to commencement of structural framing on the project site, on- Fire Department site fire hydrants shall be installed and charged by the property owner /developer as required and approved by the Fire Department. (MM XIV -2) 35 Plans shall indicate that all buildings shall have sprinklers installed by Planning the property owner /developer in accordance with Anaheim Municipal Department, Code. Said sprinklers shall be installed prior to each final building Building and zoning inspection. (MM XIV -4) Division 36 Plans shall be submitted to ensure that development is in accordance Fire Department with the City of Anaheim Fire Department Standards, including: A. Overhead clearance shall not be less than 14 feet for the full width of access roads. B. Adequate off -site public fire hydrants contiguous to the Specific Plan Area and onsite private fire hydrants shall be provided by the property owner /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. (MM XN -5) 37 The property owner /developer shall submit a Construction Fire Fire Department Protection 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 property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. (MM XIV -6) 38 Prior to approval of water improvement plans, the water supply Fire Department, system shall be designed by the property owner /developer to provide Public Utilities, sufficient fire flow pressure and storage for the proposed land use and Water fire protection in accordance with Fire Department requirements. Engineering (MM XIV -7) 39 The property owner /developer shall submit plans to the Police Police Department for review and approval for the purpose of incorporating Department 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). (MM XIV -9) - 16- PC2012 -069 -17- PC2012 -069 40 The project design shall include parking lots with controlled access Police points to limit ingress and egress if determined to be necessary by the Department Police Department, and shall be subject to the review and approval of the Police Department. (MM XIV -11) 41 The property owner /developer shall provide proof of compliance with Planning Government Code Section 53080 (schools) to the Building Division Department, of the Planning Department. (MM XIV -12) Building Division 42 The Project Applicant shall coordinate with the City of Anaheim Police Police Department to ensure that all public safety recommendations Department will be implemented as part of the project. (SC XN -1) 43 Unless records indicate previous payment the appropriate fees for Public Utilities Primary Mains, Secondary Mains and Fire Protection Service shall be Department, paid to the Public Utilities Department, Water Engineering Division Water in accordance with Rule 15A and 20 of the Water Utility Rates, Rules Engineering and Regulations. (SC XVII -2) Division 44 The Property Owner/Developer shall provide written evidence that all Public Works, storm drain, sewer, and street improvement plans shall be designed Development and constructed to the satisfaction of the City Engineer. (SC XVII-4) Services 45 All water supply planning for the project will be closely coordinated Public Utilities, with, and be subject to the review and final approval of, the Utilities Water Department, Water Engineering Division and Fire Department. (MM Engineering, XVII-2) Fire Department 46 Water pressure greater than 80 pounds per square inch (psi) shall be Public Utilities, reduced to 80 psi or less by means of pressure reducing valves Water installed at the property owner /developer's service. (MM XVII -3) Engineering 47 Prior to issuance of each building permit (to be implemented prior to Public Utilities, final building and zoning inspections, and continuing on an on -going Water basis during project operation), the property owner/ developer shall Engineering submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. Among the water conservation measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: • Use of low -flow sprinkler heads in irrigation systems. • Use of waterway recirculation systems. • Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self - closing valves on drinking valves. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Use of low -flow shower heads in hotels. -17- PC2012 -069 - 18- PC2012 -069 • Water efficient ice - machines, dishwashers, clothes washers and other waterusing appliances. • Use of irrigation systems primarily at night when evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. • Use of water conserving landscape plant materials wherever feasible. (MM XVII -5) 48 The Property Owner/Developer for new development within the Planning ARSP area shall provide evidence to Planning Services that separate Department, irrigation lines for recycled water shall be constructed. All irrigation Planning systems shall be designed so that they will function properly with Services recycled water. (MM XVII -7) 49 The property owner /developer shall submit an irrigation plan in which Planning all irrigation systems shall be designed so that they will function Department, properly with reclaimed water, once a system is available. (MM Planning XVII-8) Services 50 Prior to issuance of each building permit; to be implemented prior to Public Works, final building and zoning Inspection, the property owner /developer Streets and shall submit project plans to the Public Works Department for review Sanitation and approval to ensure that the plans comply with AB 939, the Solid Division 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, 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. D 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 property owner /developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: A. Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. B. Facilitating cardboard recycling (especially in retail areas) by - 18- PC2012 -069 _19- PC2012 -069 providing adequate space and centralized locations for collection and bailing. C. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. D. Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. E. Prohibiting curbside pick -up. (MM XVII -10) 51 The property owner /develop shall submit plans showing that each Public Utilities, structure will comply with the State Energy Efficiency Standards for Resource Nonresidential Buildings (Title 24, Part 6, Article 2, California Code Efficiency of Regulations) and will consult with the City of Anaheim Public Utilities Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. (MM XVII -12) 52 For any buildings requiring a change in electrical service, the property Public Utilities, owner /developer shall install an underground electrical service from Electrical the Public Utilities Distribution System. The Underground Service Engineering 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. (MM XVII -14) 53 Plans shall specifically indicate that all vehicular ramps and grades Public Works, conform to all applicable Engineering Standard Details to the Development satisfaction of the City Traffic and Transportation Manager. Services 54 Prior to issuance of the a building permit for the parking structure, Public Works, plans shall demonstrate that at -grade ducts and overhead pipes shall Development not encroach in the parking space areas or required vehicle clearance Services areas. 55 The developer shall comply with Ordinance No. 5209 and Resolution Public Works, No. 91R -89 relating to the Transportation Demand Management Development (TDM) by providing on -site taxi and shuttle bus loading zones, and Services by joining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. The project shall provide a bus bay on site acceptable to the City Traffic and Transportation Manager for hotel shuttle buses to transport guests to and from tourist attractions and local airports.. 56 The developer shall submit street improvement plans to improve Public Works, Harbor Blvd per The Anaheim Resort standards, including planting Development _19- PC2012 -069 -20- PC2012 -069 and irrigation for the public parkway to the Public Works Services Department, Development Services Division. The parkway landscaping strips, 8 feet behind curb and 8 feet behind sidewalk, shall be constructed with the irrigation connected to the City system, and maintained by City Resort Services Division. Prior to issuance of a building permit, the developer shall submit a bond to guarantee that the improvements are constructed prior to final building and zoning inspection. [Anaheim Municipal Code Section 18.40] 57 That a private water system with separate water service for fire Public Utilities, protection and domestic water shall be provided. Water Engineering 58 That all requests for new water services or fire lines, as well as any Public Utilities, modifications, relocations, or abandonments of existing water Water services and fire lines, shall be coordinated through the Water Engineering Engineering Division of the Anaheim Public Utilities Department. The Developer /Owner is responsible for the costs to modify, relocate or abandon water facility. 59 That all existing water services and fire lines shall conform to current Public Utilities, Water Services Standards Specifications. Any water service and /or Water fire line that does not meet current standards shall be upgraded if Engineering continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 60 The legal property owner shall irrevocably offer to dedicate to the Public Utilities, City of Anaheim (Water Engineering) an easement twenty feet in Water width for all public water mains, services, fire hydrants, Engineering appurtenances, and large meters. 61 The developer /owner shall submit to Water Engineering an estimate Public Utilities, of the maximum fire flow rate and maximum day and peak hour water Water demands for the project. This information will be used to determine Engineering the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 62 The existing 3 -inch domestic water meter and 6 -inch fireline currently Public Utilities, servicing 2029 S. Harbor Blvd may be in conflict with the proposed Water driveway. Applicant shall relocate the existing meter, fireline, and Engineering backflow prevention assemblies accordingly per City of Anaheim Standards. Also, the existing irrigation meter and backflow prevention device appear to be in conflict with the proposed driveway, Applicant shall relocate them accordingly. 63 If Applicant will not reuse the existing meter and vault near the Public Utilities, proposed southerly driveway, Applicant shall remove and Water abandon /cap the service lateral at the main per City of Anaheim Engineering -20- PC2012 -069 -21- PC2012 -069 standards. 64 Applicant shall contact Water Engineering for reclaimed water system Public Utilities, requirements and specific water conservation measures to be Water incorporated into the building and landscape construction plans. Engineering 65 Prior to commencement of structural framing, fire hydrants shall Fire Department be installed and charged as required and approved by the Fire Department. 66 Prior to approval of permits for improvement plans, the property Public Utilities, owner /developer shall coordinate with Electrical Engineering to Electrical establish electrical service requirements and submit electric system Engineering plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 67 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering ONGOING DURING CONSTRUCTION 68 In the event that hazardous waste, including asbestos, is discovered Planning during site preparation or construction, the property owner /developer Department, shall ensure that the identified hazardous waste and/or hazardous Building material are handled and disposed of in the manner specified by the Division State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the California Administrative Code, Title 30, Chapter 22. (MM VII -1) 69 The property owner /developer shall ensure that all internal Planning combustion engines on construction equipment and trucks are fitted Department, with properly maintained mufflers. (MM X111 -2) Planning Services 70 The Property Owner/Developer shall coordinate with all utility Planning providers to ensure avoidance of any notable service disruptions Department, during the extension of, relocation of, upgrade of, or connection to Planning services. (PDF XVII -1) Services 71 The following practices shall be implemented, as feasible, by the Public Works property owner /developer: Department, Streets and A. Usage of recycled paper products for stationary, letterhead, and Sanitation packaging. Division B. Recovery of materials such as aluminum and cardboard. C. Collection of office paper for recycling. -21- PC2012 -069 -22- PC2012 -069 D. Collection of polystyrene (foam) cups for recycling. E. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. (MM XVII -11) 72 An all- weather access road as approved by the Fire Department shall Fire Department be provided during construction. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 73 Prior to the final building and zoning inspection or whenever Planning established; and on an ongoing basis, the property Department, owner /developer shall participate in an assessment district for Planning landscape installation and maintenance if one is established for Services the Anaheim Resort. (MM I -3) 74 The property owner /developer shall submit a letter from a licensed Planning landscape architect to the City, certifying that the landscape Department, installation and irrigation systems have been installed as specified in Planning the approved landscaping and irrigation plans. (MM VII -4) Services 75 Prior to approval of each final site plan, the property owner /developer Planning shall submit a noise study prepared by a certified acoustical engineer Department, to the satisfaction of the Building Division Manager identifying Building whether noise attenuation is required and defining the attenuation Division measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise - sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property owner /developer prior to final building and zoning inspections. (MM X11-1) 76 The property owner /developer shall place emergency telephone Fire Department service numbers in prominent locations as approved by the Fire Department. (MM XIV -8) 77 The water meter and backflow equipment and any other large water Public Utilities system equipment shall be installed to the satisfaction of the Public Department, Utilities Department, Water Engineering Division, in aboveground Water and behind the building setback line in a manner fully screened from Engineering all public streets and alleys and in accordance with Ordinance No. Division 4156. Such information shall be specifically shown on the plans submitted for Final Site Plan approval and for building permits. (SC XV11 -1) 78 A separate water meter shall be installed for landscape water on all Public Utilities projects where the landscape area exceeds 2,500 square feet in Department, accordance with Ordinance No. 5349. (SC XVII -3) Water Engineering -22- PC2012 -069 -23- PC2012 -069 Division 79 The property owner /developer shall implement energy- saving Public Utilities, practices in compliance with Title 24, which may include the Resource following: Efficiency A. 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. 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 hallide or high - pressure sodium for outdoor lighting and parking lots. (MM XVII -13) 80 The property owner /developer shall demonstrate on plans that fuel Planning efficient models of gas - powered building equipment have been Department, incorporated into the project, to the extent feasible. (MM XVII -16) Building Division 81 A fire alarm system shall be designed, installed and maintained as Fire Department required by the Fire Department. ONGOING DURING PROJECT OPERATIONS 82 The property owner /developer shall implement measures to reduce Planning construction - related air quality impacts. These measures shall include, Department, but are not limited to: Building Division 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 -23- PC2012 -069 -24- PC2012 -069 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. H. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. I. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. J. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smogalerts. K. Comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. L. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers) where practicable. M. Utilize existing power sources (e.g. power poles) or clean -fuel generators rather than temporary power generators, where practicable. N. Maintain construction equipment engines by keeping them properly tuned. O. Use low sulfur fuel for equipment, to the extent practicable. (MM III -3) 83 The property owner /developer shall implement measures to reduce Planning emissions to the extent practical, schedule goods movement for off- Department, peak traffic hours, and use clean fuel for vehicles and other Planning equipment, as practicable. (MM 111 -1) Services Division 84 The property owner /developer shall provide for the following: Planning cleaning of all paved areas not maintained by the City of Anaheim on Department, a monthly basis, including, but not limited to, private streets and Planning parking lots. The use of water to clean streets, paved areas, parking Services lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (MM VIII -3) -24- PC2012 -069 -25- PC2012 -069 85 The property owner /developer shall provide private security on the Police premises to maintain adequate security for the entire project subject to Department review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. (MM XN -10) 86 The City shall continue to collaborate with the Metropolitan Water Public Utilities, District of Southern California (MWD), its member agencies, and the Water Orange County Water District (OCWD) to ensure that available water Engineering supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, the City shall trigger application of its Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. (MM XVII -6) 87 The property owner /developer shall implement a program, as Southern required, to reduce the demand on natural gas supplies prior to each California Gas final building and zoning inspection. (MM XVII-15) Company 88 Compliance with AMC 6016, the Anaheim Public Safety Radio Police System Coverage Ordinance is required. To request a copy of the Department ordinance, contact Officer Budds at (714) 765 -3859 or mbudds @anaheim.net. A copy of the ordinance can also be viewed/download online through the City of Anaheim web site under "City Records ": http: / /www.anabeim.net/. 89 All entrances to parking areas shall be posted with appropriate signs Police per 22658(a) C.V.C., to assist in removal of vehicles at the property Department owners /managers request. 90 "No Trespassing 602(k) P.C." posted at the entrances of parking Police lots /structures and located in other appropriate places. Signs must be Department at least 2' x 1' in overall size, with white background and black 2" lettering. 91 Parking structures should have clearly marked emergency stations Police with handsfree, two -way communication with Security/Police. These Department should be placed adjacent to stairway landings and appropriately spaced throughout the structure. 92 Minimum recommended lighting level for covered portions of all Police parking structures is l foot - candle maintained, measured at the Department parking surface, with a maximum to minimum ratio no greater than 10:1. -25- PC2012 -069 93 Rooftop address numbers for the police helicopter. Minimum size 4' Police in height and 2' in width. The lines of the numbers are to be a Department minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 94 Complete a Burglary/Robbery Alarm Permit application, Form APD Police 516, and return it to the Police Department prior to initial alarm Department activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: htti)://www.anaheim.net/article.asp?id=678 95 The subject Property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department Planning marked Exhibit Nos. 1 through 22, and as conditioned herein. Services 96 That extensions for further time to complete conditions of approval Planning may be granted in accordance with Section 18.60.170 of the Anaheim Department, Municipal Code. Planning Services 97 That timing for compliance with conditions of approval may be Planning amended by the Planning Director upon a showing of good cause Department, provided (i) equivalent timing is established that satisfies the original Planning Services 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. 98 Approval of this application constitutes approval of the proposed Planning request only to the extent that complies with the Anaheim Municipal Department, Zoning Code and any other applicable City, State and Federal Planning regulations. Approval does not include any action or findings as to Services compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -26- PC2012 -069