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Resolution-PC 2013-005RESOLUTION NO. PC2013 -005 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING VARIANCE NO. 2012 -04894 AND FINAL SITE PLAN NO. 2012 -00002 AND DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00093 FOR A TYPE 21 ALCOHOLIC BEVERAGE CONTROL LICENSE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2011- 00143) (1801 SOUTH HARBOR BOULEVARD AND 620 -700 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Variance No. 2012 - 04894, Final Site Plan No. 2012 -00002 and a Determination of Public Convenience or Necessity No. 2012- 00093 to construct a 5- story, 172 -room hotel, including an integrated 16,000 square foot pharmacy offering the sale of alcoholic beverages for off -site consumption (the "Project ") with a variance from interior setback requirements of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1801 South Harbor Boulevard and 620 -700 West Katella Avenue 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 1.60 -acres on two parcels, is developed with the Jolly Roger restaurant and a vacant property. 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 January 28, 2013 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 December 19, 2012, through January 7, 2013; and WHEREAS, as the "lead agency" under CEQA, the Planning Commission has reviewed and considered the MND and the associated Mitigation Monitoring and Reporting Program No. 308 ( "MMP "), which is attached hereto as Exhibit C and incorporated herein by this reference and was prepared for the Project and includes mitigation measures specific to the Project, together with written comment letters (if any) received during the CEQA public review period - 1 - PC2013 -005 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 any new significant impacts to the environment and there is no substantial evidence that the Project will have a significant effect on the environment; and 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 -04894 and compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference. 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, 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 pertaining to the request for Public Convenience or Necessity No. 2012 - 00093, does find and determine the following facts: 1. On July 11, 1995, the City Council adopted Resolution No. 95R -134 establishing procedures and delegating certain responsibilities to the Planning Commission relating to the determination of "public convenience or necessity" on those certain applications requiring that such determination be made by the local governing body pursuant to applicable provisions of the Business and Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control (ABC). 2. Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, -2- PC2013 -005 except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license. 3. California State law requires a Determination of Public Convenience or Necessity when property is located in a census tract with more off -sale alcohol licenses than allowed. 4. Resolution No. 95R -134 authorizes the City of Anaheim Police Department to make recommendations related to the public convenience or necessity determinations; and said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area. 5. The property is located within Census Tract 875.03 with a population that allows for five off -sale ABC license and there are presently five licenses in the tract. In addition, eight on- sale licenses are allowed and 17 presently exist in the tract. The Anaheim Police Department evaluates these requests based on the crime rate within a one - quarter mile radius for the subject site. The proposed location is located in Police Reporting District No. 2125 which has a crime rate that is 209% above the citywide average and the crime rate within 1 /4 mile of this property is 75% above the citywide average based upon calls for service. Since there is an overconcentration in the number of ABC licenses within this census tract and a crime rate that is higher than the citywide average, a determination of public convenience or necessity is required for this request. 6. A Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission guidelines for such determinations and further that granting the Determination of Public Convenience or Necessity under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the sale of alcohol for off - premises consumption is ancillary to the proposed pharmacy and would serve as an added convenience to visitors and tourists to the area who choose to patronize this establishment. WHEREAS, the Planning Commission does further find and determine that the variance request from setback requirements less than required by the Code should be approved for the following reasons: (a) SECTION NO. 18.116.090.040 Minimum building setbacks (10 feet required; 5 feet proposed) 1. 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 Property is comprised of two substandard parcels that have lot depths that are significantly less than other properties in the vicinity. -3- PC2013 -005 2. 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 as there are many hotels in the vicinity that are developed with building or driveway encroachments located in the interior setback area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim, based upon the foregoing findings and recitals, as follows: 1. The Planning Commission hereby approves and adopts the MND and the MMP, described in Exhibit C attached hereto and incorporated herein by this reference, in the form presented at this meeting, and determines their adequacy to serve as the required environmental documentation for the Project. 2. The Planning Commission does hereby approve Variance No. 2012 - 04912, Final Site Plan No. 2012 -00002 and Determination of Public Convenience or Necessity No. 2012- 00093, subject to compliance with 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 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. -4- PC2013 -005 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 28, 2013. 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- T>EMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 January 28, 2013, 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 28" day of January, 2013. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -005 EXHIBIT " A " DEV NO. 2011 -00143 APN: 137 - 161 -13 137- 161 -11 W KATELLA AVE 546' in e 273' io m � M n 49' 0 D 268' m O m z Q 2 an Source Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -6- PC2013 -005 EXHIBIT `B" VARIANCE NO. 2012-04894 AND FINAL SITE PLAN NO. 2012-00002 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00093 (DEV2011- 00143) -7- PC2013 -005 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1 Mitigation Measures ( "MM "), Project Design Features ( "PDF ") and Planning Standard Conditions ( "SC ") from Mitigation Monitoring Program No. Department, 308 are incorporated into Exhibit C and are identified by the mitigation Planning measure number. Compliance with all mitigation measures must be Services done in accordance to the timing specified in the measure. 2 A lot line adjustment shall be submitted to the Public Works Public Works Department, Development Services Division to adjust assessor's parcel Department, 137 - 161 -13 and 137- 161 -11. The Lot Line Adjustment shall be Development approved by the City Surveyor and recorded, along with perfecting Services deed, in the office of the Orange County Recorder prior to issuance of a Division building permit. 3 Prior to the issuance of grading permit, the applicant shall submit to the Building Dept. Building and Public Works Department/Development Services for review public Works, and approval a Final Water Quality Management Plan that: Development • Addresses Site Design Best Management Practices (BMPs) such as Services 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. PRIOR TO ISSUANCE OF BUILDING PERMITS 4 A reciprocal parking and access agreement shall be recorded between the Planning subject property and the property located at 640 West Katella Avenue Department, and shall be approved as to form by the City Attorney. The agreement Planning shall be recorded in the Office of the County Recorder, and a recorded Services -7- PC2013 -005 -8- PC2013 -005 copy filed with the Planning Department and, further, shall specify eleven (11) off -site parking spaces and assure that the spaces shall be accessible and available at all times for parking in conjunction with the use for which the parking spaces are required. 5 A private water system with a separate water service for fire protection Public and domestic water shall be provided Utilities, Water Engineering 6 All requests for new water services or fire lines as well as any Public modifications, relocations, or abandonments of existing water services Utilities, and fire lines shall be coordinated through the Water Engineering Water Division of the Public Utilities Department. Engineering 7 If the project has a landscaping area exceeding 2,500 square feet a Public separate irrigation meter shall be installed in compliance with the Utilities, Landscape Water Efficiency Guidelines. Water Engineering 8 All existing water services and fire lines shall conform to current Water Public Services Standards Specifications. Any water service and/or fire line that Utilities, does not meet current standards shall be upgraded if continued use is Water necessary or abandoned if the existing service is no longer needed. The Engineering owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 9 The owner /developer shall irrevocably offer to dedicate to the City of Public Anaheim (i) an easement for all large domestic above - ground water Utilities, meters and fire hydrants, including a five (5) -foot wide easement around Water the fire hydrant and /or water meter pad. (ii) a twenty (20) foot wide Engineering easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner. 10 The developer /owner shall submit to the Public Utilities Department, Public Water Engineering Division an estimate of the maximum fire flow rate Utilities, and sprinkler demand, and maximum day and peak hour water demands Water for the project. This information will be used to determine the adequacy Engineering 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 -8- PC2013 -005 -9- PC2013 -005 Rates, Rules and Regulations. 11 The Developer shall relocate all water facilities in accordance with Public current Anaheim Public Utilities Water Standards to accommodate the Utilities, proposed Katella Avenue and Harbor Blvd frontage improvements. Water Additionally, the developer shall relocate the water services serving the Engineering Jolly Roger Hotel as may be necessary to accommodate the new building construction. The existing 4 -inch CT meter that services Jolly Roger Hotel from Katella Avenue may be in conflict with proposed sidewalk improvements and shall be upgraded and relocated as necessary. The customer's private line portion of the existing 6 -inch fire line serving the Jolly Roger Hotel may be in conflict with proposed subterranean parking, the developer shall relocate the existing service as necessary. 12 Applicant shall contact Water Engineering for recycled water system Public requirements and specific water conservation measures to be Utilities, incorporated into the building and landscape construction plans. Water Engineering 13 Separate irrigation piping, meters and backflow prevention devices Public shall be designed, installed and constructed in accordance with Utilities, Anaheim's Recycled Water Users' Guide, so that they will function Water properly with recycled water use. Engineering 14 Plans shall specifically indicate that all vehicular ramps and grades Public Works, conform to all applicable Engineering Standard Details to the satisfaction Transportation of the City Traffic and Transportation Manager. Division 15 Plans for the parking structure shall demonstrate that at -grade ducts and Public Works, overhead pipes shall not encroach in the parking space areas or required Development vehicle clearance areas. Services 16 The developer shall comply with Ordinance No. 5209 and Resolution Public Works, No. 91R -89 relating to the Transportation Demand Management (TDM) Transportation by providing on -site taxi and shuttle bus loading zones, and by joining Division 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. 17 The developer shall submit to the Public Works Department, Public Works, Development Services Division street improvement plans for the Development relocation on Katella Avenue, and those portions on Harbor Boulevard Services of curb and gutter, sidewalk, landscape, and storm drain facilities. The landscape and irrigation improvement plans shall be prepared in accordance with the Anaheim Resort Specific Plan, and Public Works Landscape and Irrigation Manual for Public Street and Highway. -9- PC2013 -005 18 The City shall have final approval authority over the selection of pavers Public Works, installed in public right -of -way. Consideration for appearance, size, shape, Development and other physical properties, shall be taken into account. Services Recommendations shall be made by the project proponent and City approval shall be made through the required street improvement plans. 19 The developer shall post a security to guarantee the construction of Public Works, public works improvements in an amount approved by the City Engineer Development and in a form approved by the City Attorney. The improvements shall be Services constructed prior to final building and zoning inspections. 20 The property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement 83 -feet in width (9 -feet of additional dedication Development from existing right of way) from the centerline of Katella Avenue, and Services 83 -feet in width (8 -feet of additional dedication from existing right of way) from the centerline of Harbor Boulevard for landscape and irrigation improvements as required per the Anaheim Resort Specific Plan. ONGOING DURING CONSTRUCTION 21 It is the responsibility of the OWNER to remove and relocate any Public Works, traffic signal poles and equipment at the intersection of Katella Development Avenue and Harbor Boulevard if necessary at the OWNERS expense. Services 22 An all- weather access road as approved by the Fire Department shall be Fire provided during construction. Department PRIOR TO FINAL BUILDING AND ZONING INSPECTION 23 A fire alarm system shall be designed, installed and maintained as Fire required by the Fire Department. Department 24 Prior to issuance of certificate of occupancy, the applicant shall: Building Dept. • Demonstrate that all structural BMPs described in the Project & Public Works, Site Specific WQMP have been constructed and installed in Development conformance with approved plans and specifications. Services • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project & Site Specific WQMP • 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. ONGOING DURING PROJECT OPERATION 25 The use of the dining area of the hotel shall be for paid hotel guests only Planning and shall not be open to the general public. No meals shall be provided Department, or sold to the general public and the dining area shall not operate as a Planning restaurant open to the public. Services - 10- PC2013 -005 - 11 - PC2013 -005 Division 26 No display of alcoholic beverages in the pharmacy shall be located Police outside of a building or within five (5) feet of any public entrance to the Department building. 27 There shall be no exterior advertising or sign of any kind or type, Police including advertising directed to the exterior from within, promoting or Department indicating the availability of alcoholic beverages within the pharmacy. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 28 The area of alcoholic beverage displays in the pharmacy shall not exceed Police 25% of the total display area in a building. Department 29 Sale of alcoholic beverages shall be made to customers of the Police pharmacy only when the customer is in the building. Department 30 The possession of alcoholic beverages in open containers and the Police consumption of alcoholic beverages are prohibited on or around the Department premises of the retail pharmacy location. 31 Any graffiti painted or marked upon the premises or on any adjacent Police area under the control of the licensee shall be removed or painted over Department within 24 hours of being applied. 32 There shall be no amusement machines, video game devices, or pool Police tables maintained upon the pharmacy premises at any time unless all Department required permits are first obtained from the City. 33 The parking lot of the premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernible the Department appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. 34 Compliance with AMC 6016, the Anaheim Public Safety Radio System Police Coverage Ordinance is required. To request a copy of the ordinance, Department 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.anaheim.net/. 35 Parking structures should have clearly marked emergency stations with Police hands free, two -way communication with Security /Police. These should Department be placed adjacent to stairway landings and appropriately spaced throughout the structure. 36 All entrances to parking areas shall be posted with appropriate signs per Police - 11 - PC2013 -005 12- PC2013 -005 22658(a) C.V.C., to assist in removal of vehicles at the property Department owners /managers request. 37 "No Trespassing 602(k) P.C. " posted at the entrances of parking Police lots /structures and located in other appropriate places. Signs must be at Department least 2' x 1' in overall size, with white background and black 2" lettering. 38 Minimum recommended lighting level for covered portions of all Police parking structures is 1 foot -candle maintained, measured at the parking Department surface, with a maximum to minimum ratio no greater than 10:1. 39 Rooftop address numbers for the police helicopter. Minimum size 4' in Police height and 2' in width. The lines of the numbers are to be a minimum of Department 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. 40 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: httn: / /www.aiiabcim.net/article.asp?id=678 41 The window graphics shall be located on the windows as shown on the Planning elevation plans and shall consist of "lifestyle" graphics only and shall not Department, contain any text whatsoever. Planning Services 42 The subject Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and Planning as conditioned herein. Services 43 Extensions for further time to complete conditions of approval may be Planning granted in accordance with Section 18.60.170 of the Anaheim Municipal Department, Code. Planning Services 44 That timing for compliance with conditions of approval may be amended Planning by the Planning Director upon a showing of good cause provided (i) Department, equivalent timing is established that satisfies the original intent and Planning purpose of the condition(s), (ii) the modification complies with the Services Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 12- PC2013 -005 45 Approval of this application constitutes approval of the proposed request Planning only to the extent that complies with the Anaheim Municipal Zoning Department, Code and any other applicable City, State and Federal regulations. Planning Approval does not include any action or findings as to compliance or Services approval of the request regarding any other applicable ordinance, regulation or requirement. - 13- PC2013 -005 EXHIBIT "C" VARIANCE NO. 2012-04894 AND FINAL SITE PLAN NO. 2012-00002 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2012-00093 (DEV2011- 00143) SPRINGHILL SUITES MITIGATION MONITORING PROGRAM NO. 308 Terms and Definitions 1. Property Owner/Developer — Any owner or developer of real property within the Springhill Suites project site 2. Environmental Equivalent/Timing — Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency /timing shall be borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the liming is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner /developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction," the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. -1- 6. Building Permit —For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of anew building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. -2- Springhill Suites Mitigation Measure Responsible for Completion Number Timing Measure Monitoring AESTHETICS MM I -1 Prior to issuance of a building The property owner /developer shall submit plans which illustrate that all mechanical Police Department (for permit, equipment and trash areas for the subject building(s) will be screened from adjacent public Police Department streets and adjacent residential areas. Screening shall be installed prior to final building and Personnel); Public Works zoning inspection. (MMP No. 0085 MM 3.11 -1, MMP No. 0085a Department, Traffic and MM 17 -1) Transportation Division (for Anaheim TMC personnel) MM I -2 Prior to issuance of a building The property owner /developer shall submit a landscape and irrigation plan which shall be Planning Department, permit, prepared and certified by a licensed landscape architect The landscape plan shall include a Planning Division; Public phasing plan for the installation and maintenance of landscaping associated with that building Utilities Department, permit and shall be in conformance with the Water Efficiency Landscape Ordinance. Water Engineering Division 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 i rrigation 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 (MMP No. 0085 MM 3.11 -2, MMP No. 0085a MM 17 -2). MM I -3 Prior to the final building and The property owner /developer shall participate in an assessment district for landscape Planning Department, zoning inspection or whenever installation and maintenance if one is established for the Anaheim Resort Planning Division: Public established; and on an ongoing (MMP No. 0085 MM 3.11 -4, MMP No. 0085a MM 17 -4). Utilities Department, basis, Water Engineering Division AIR QUALITY MM III -1 Ongoing during project operation, The property owner /developer shall implement measures to reduce emissions to the extent i Public Works practical, schedule goods movement for off -peak traffic hours, and use clean fuel for vehicles Department, Traffic and and other equipment, as practicable (MMP 0085 MM 3.4 -1, Transportation Division MMP No. 0085a MM 3 -1). -3- Springhill Suites (Continued) Mitigation Measure Number Timing Measure Responsible for Monitoring Completion MM III -2 Prior to the issuance of each The properly owner /developer shall submit evidence that low emission paints and coatings are Planning Department, building permit, utilized in the design and construction of buildings, in compliance with SCAQMD regulations. Building Division 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 aspball usage: A. Use nonsolvent -based coatings an 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 (NIMP 0085 MM 3.42, MMP No. 00851 MM 3 -2). MM III -3 Ongoing during construction, The property owner /developer shall implement measures to reduce construction- related air South Coast Air Quality quality impacts. These measures shall include, but are not limited to: Management District; A. Normal wetting procedures (at least twice daily) or other dust palliative measures Planning Department, Building Division shall be followed during earth - moving operations to minimize fugitive dust (verification of notes on emissions, in compliance with the City of Anaheim Municipal Code including plans); Public Works application of chemical soil stabilizers to exposed soils after grading is completed Department, and replacing ground cover in disturbed areas as quickly as practicable. Development Services B. Enclosing, covering, watering twice daily, or applying approved soil binders. Division (for annual according to manufacturer's specification, to exposed stock piles. review) 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 exiling the project site. E. Trucks imparting 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 an 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. 1. 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 smog alerts. '® Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring 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 (NIW 0085 MM 3.4- 3, MMP No. 0085a MM 3 -3). MM I1I -4 Prior to approval of each grading The property owner /developer shall submit Demolition and Import/Export plans. The plans Public Works plan (for Import/Export plan) and shall include identification of offsite locations for materials exported from the project and Department, Field prior to issuance of demolition options for disposal of excess materials. Tbese options may include recycling of materials Engineering Perini t (for Demolition Plan), 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 rams or public agencies for use in construction of other projects, if not all can be reused on project site (MMP 0085 MM 3.4-4, MIAP No. 0085a MM 3 -4). MM II1 -5 Prior to the issuance of each The property owner /developer shall comply with all SCAQMD offset regulations and South Coast Air Quality building pennit, implementation of Best Available Control Technology (BACT) and Best Available Retrofit Management District (for Control Technology (BARCT) for any new or modified stationary source. Copies of permits permit issuance); shall be given to the Planning Department ((MMP 0085 MM 3.4 -5, MMP No. 0085a MM 3 -5). Planning Department, Planning Division (for verification of permit application and receipt) MM III -6 Prior to the issuance of each The property owner /developer shall implement, and demonstrate to the City, measures that are Public Utilities building permit, being taken to reduce operation - related air quality impacts. The measures may include, but not Department, Electric limited to the following: Services Administration, A. Improve thermal integrity of structures and reduced thermal load through use of Resource Efficiency 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 (MMP 0085 MM 3.4-6, MW No. 0085a -5- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring MM 3 -6). MM III -7 Prior to issuance of a building Implementation of energy conservation techniques (i.e., installation of energy saving devices, Public Utilities permit, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or Department, Electric double -paned windows, utilization of light- colored roofing materials as opposed to dark- Services Administration, colored roofing materials, and placement of shady trees next to habitable structures) shall be Resource Efficiency indicated on plans (MMP 0085a MM 3 -7). BIOLOGICAL RESOURCES MM N -1 Prior to and ongoing during The City shall ensure that ornamental shrub and tree removal shall be conducted outside the Planning Department, grading and construction, nesting bird/raptor season (March 15 to September 15 for nesting birds: February 1 to June 30 Building Division for nesting raptors), to the extent practicable. If construction or vegetation removal would occur 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. CULTURAL RESOURCES MM V -1 Prior to approval of each grading The property owner /developer shall submit a letter to the Planning Department, Planning Planning Department, plan, Division, identifying the certified archaeologist that has been hired to ensure that the following Planning Division actions are implemented: 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 properly 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 (MMP No. 0085, W Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring MM 3.12 -1, MMP No. 0085a MM 18 -1). MM V -2 Prior to approval of each grading The property owner /developer shall submit a letter to the Planning Department, Planning Planning Department, plan, Division, and Building Division identifying the certified paleontologist that has been hired to Planning Division ensure that the following actions are implemented: 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 (MMP No. 0085 MM 3.12 -2, MMP No. 0085a MM 18 -2). GEOLOGY AND SOILS MM VI -1 Prior to issuance of each building The property owner /developer shall submit plans showing that the proposed structure has been Planning Department, permit, analyzed for earthquake loading and designed according to the most recent seismic standards in Building Division the Uniform Building Code adopted by the City of Anaheim (MMP No. 0085 MM 3.64, MMP No. 0085a MM 5 -4). MM VI -2 Prior to approval of each grading The property owner /developer shall submit to the City Engineer for review and approval, a Planning Department, plan, soils and geological report for the area to be graded, based on proposed grading and prepared Building Division by an engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code (MMP No. 0085 MM 3.6 -1, MMP No. 0085a MM 5.1). -7- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring MM VI -3 Prior to issuance of each building The property owner /developer shall submit for review and approval, detailed foundation design Planning Department, permit, information for the subject building(s) prepared by a civil engineer, based on Building Division recommendations by a - eotechnical engineer (MMP No. 0085 MM 3.6 -2, MMP No. 0085a MM 5 -2). MM VI -4 Prior to issuance of each The property owner /developer shall submit a report prepared by a geotechnical engineer for Planning Department, foundation permit, review and approval which shall investigate the subject foundation excavations to determine if Building Division soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the fooling (MMP No. 0085 MM 3.6 -3, MMP No. 0085a MM 5 -3). GREENHOUSE GAS EMISSIONS MM VII -1 Prior to the approval of the The Applicant shall submit a Construction Waste Management Plan that assures that at least 50 Planning Department, demolition permit, percent of the non - hazardous construction waste is recycled or reused. Planning Division: Public Works/Engineering Department, Development Division MM VII -2 Prior to the approval of the The Applicant shall demonstrate that the proposed Project shall provide priority parking and Public Works building permit, facilities for the charging of electric vehicles. The construction shall include the infrastructure Department, Traffic and to support the initial installation of two charging stations and additional stations to meet future Transportation Division demand. MM VII -3 Prior to the approval of the The Applicant shall demonstrate that the proposed Project shall provide bicycle facilities for Public Works building permit, employees that include covered, lockable, permanently anchored racks or storage for the Department, Traffic and bicycles and showers for the employees. Transportation Division HAZARDS AND HAZARDOUS MATERIALS MM VII -1 Ongoing during demolition and The property owner /developer shall ensure that the identified hazardous waste and/or Environmental Protection construction, in the event that hazardous material are handled and disposed of in the manner specified by the State of Section of the Fire hazardous waste, including California Hazardous Substances Control Law (Health and Safety Code. Division 20, Chapter Department asbestos, is discovered dining site 6.5) and according to the requirements of the California Administrative Code, Title 30, Chapter preparation or construction, 22 (MMP No. 0085 MM 3.10 -7, MMP No. 0085a MM 16 -7). MM VH -2 Prior to approval of the first The property owner /developer shall submit a plan for review and approval to the Environmental Protection grading plan or demolition Environmental Protection Section of the Fire Department which details procedures that will be Section of the Fire permit, taken if a previously unknown USTs, or other unknown hazardous material or waste, is Department discovered onsite (MMP No. 0085 MM 3.10 -4, MMP No. 0085a MM 16 -4). N Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring HYDROLOGY AND WATER QUALITY MM VIII -I Prior to the initiation of grading, The property owner /developer shall ensure compliance with all recommended structural and Planning Department, and throughout the duration of non - structural Best Management Practices identified in the Water Quality Management Plan Planning Division; Public project construction, (WQMP) (Modified from MMP No. 0085 MM 3.7 -2, MMP No. 0085a MM 6 -2). Works/Engineering Department, Development Division MM VIII -2 Prior to approval of grading plan; The property owner /developer shall obtain coverage under the NPDES Statewide Industrial Planning Department, and, during clearing, Storttwaler Permit for General Construction Activities from the State Water Resources Control Planning Division; Public Board. Evidence of attainment shall be submitted to the City Engineer (MMP No. 0085 MM Works/Engineering 3.7 -3, MMP No. 0085a MM 6 -3). Department, Development Division MM VIII -3 During project operations, The property owner /developer shall provide for the following: cleaning of all paved areas not Planning Department, maintained by the City of Anaheim on a monthly basis, including, but not limited to, private Building Division; Public streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other Works/Engineering areas and flushing the debris and sediment down the storm drains shall be prohibited (MMP Department, No. 0085 MM 3.74, MAP No. 0085a MM 6 -4). Development Division MM VIII -4 Prior to each final building and The property owner /developer shall submit a letter from a licensed landscape architect to the Planning Department, zoning inspection, City, certifying that the landscape installation and irrigation systems have been installed as Planning Division specified in the approved landscaping and irrigation plans (MMP No. 0085 MM 3.7 -5, MMP No. 0085a MM 6 -5). MM VIII-5 If and when it becomes available The properly owner /developer shall install piping onsite with project water mains so that Planning Department, from the County Sanitation reclaimed water may be used for landscape irrigation. (MMP No. 0085 MM 3.7 -6, MMP Building Division; Public District of Orange County, No. 0085a MM 6 -6). Works/Engineering Department, Development Division MM VIII -6 Prior to approval of the first The property owner /developer shall submit a Master Drainage and Runoff Management Plan Planning Department, grading plan or issuance of the (MDRMP) for review and approval by the Public Works/Engineering Department, Building Division; Public rust building permit, whichever Development Services Division, and Orange County Environmental Management Agency. The Works/Engineering occurs first, Master Plan shall include, but not be limited to, the following items: Department, A. Backbone storm drain layout and pipe size, including supporting hydrology and Development Division 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 (MMP No. 0085 MM 3.7 -1, MMP No. 0085a MM 6-1). M Springhill Suites (Continued) Mitigation _T Measure Responsible for Completion Number Timing Measure Monitoring NOISE MM XB -1 Prior to approval of each final site The property owner /developer shall submit a noise study prepared by a certified acoustical Planning Department, plan, engineer to the satisfaction of the Building Division identifying whether noise attenuation is Planning Division required and defining the attenuation 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 (HEIR 313 MM 3.5 -4, Noise). MM XII -2 Ongoing during construction, The property owner/developer shall ensure that all internal combustion engines on construction Planning Department, equipment and trucks are fitted with properly maintained mufflers (MEIR 313 MM 3.5 -3, Planning Division Noise). MM XII -3 Prior to issuance of a grading The property owner /developer shall submit grading and construction plans to the Building Planning Department, permit, Division incorporating the following conditions; Building Division A. Contractors shall schedule construction activities to avoid 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 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. MM XII -4 Prior to issuance of a grading The property owner /developer shall submit grading plans to the City of Anaheim Building Planning Department, permit, Division that prohibit the use of large bulldozers and large loaded trucks within 45 feet of Building Division normally occupied buildings. PUBLIC SERVICES MM XN -1 Prior to issuance of a building The projects shall be required to comply with requirements in effect at the time building Planning Department, permit, permits are issued (i.e., impact fees, etc.) (MMP No. 0085a MM 7 -7). Building Division MM XN -2 Prior to commencement of On -site fire hydrants shall be installed and charged by the property owner /developer as Planning Department, structural framing on the project required and approved by the Fire Department (MMP No. 0085 Building Division; Fire site, MM 3.9.1 -1, MMP No. 0085a MM 7 -1). Department MM XIV -3 Prior to approval of each grading The property owner /developer shall submit an emergency fire access plan to the Fire Planning Department, plan, Department for review and approval to ensure that service to the site is in accordance with Fire Building Division; Fire Department service requirements (MMP No. 0085 MM 3.9.1 -2, MMP No. 0085a MM 7 -2). Department MM XN -4 Prior to issuance of each building Plans shall indicate that all buildings shall have sprinklers installed by the property Planning Department, permit and to be implemented owner /developer in accordance with Anaheim Municipal Code. Said sprinklers shall be Building Division; Fire prior to final building and zoning installed prior to each final building and zoning inspection (MMP No. 0085 MM 3.9.1 -3, MMP Department _10_ Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring inspection, No. 0085a MM 7 -3). MM XIV -5 Prior to issuance of each building Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Planning Department, permit, Fire Department Standards, including: Building Division; Fire A. Overhead clearance shall not be less than 14 feet for the full width of access Department roads. B. Adequate off -site public fire hydrants contiguous to the Specific Plan Area and onsile 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 (MMP No. 0085 MM 3.9.1 -4, MMP No. 0085a MM 7 -4). MM XIV -6 Prior to issuance of a building The property owner /developer shall submit a Construction Fire Protection Plan to the Fire Planning Department, Permit, Department for review and approval detailing accessibility of emergency fire equipment, fire Building Division; Fire hydrant location, and any other construction features required by the Fire Marshal. The Department property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow (MMP No. 0085 MM 3.9.1 -7, MMP No. 0085a MM 7 -5). MM XN -7 Prior to approval of water The water supply system shall be designed by the property owner /developer to provide Planning Department, improvement plans, sufficient fire flow pressure and storage for the proposed land use and fire protection in Building Division; Fire accordance with Fire Department requirements (MMP No. 0085a Department MM 7 -6). MM XIV -8 Prior to each final building and The property owner /developer shall place emergency telephone service numbers in prominent Planning Department, zoning inspection, locations as approved by the Fire Department (MMP No. 0085 MM 3.9.1 -6). Planning Division; Fire Department MM XIV -9 Prior to approval of each final site The property owner /developer shall submit plans to the Police Department for review and Planning Department, plan and issuance of each approval for the purpose of incorporating safety measures in the project design including the Planning Division; Fire building permit, concept of crime prevention through environmental design (e.g., building design, circulation, Department site planning, and lighting of parking structures and parking areas) (MMP No. 0085 MM 3.9.2- 1, MMP No. 0085a MM 8 -1). MM XIV -10 Ongoing during project operation, The property owner /developer shall provide private security on the premises to maintain Planning Department, adequate security for the entire project subject to review and approval of the Police Planning Division; Police Department. The use of security patrols and electronic security devices (i.e., video monitors) Department should be considered to reduce the potential for criminal activity in the area (MMP No. 0085 MM 3.9.2 -3, MMP No. 0085a MM 8 -3). MM XN -11 Prior to issuance of each building The project design shall include parking lots with controlled access points to limit ingress and Planning Department, permit, egress if determined to be necessary by the Police Department, and shall be subject to the Planning Division; Police -11- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring review and approval of the Police Department (MMP No. 0085 MM 3.9.2 -4, MMP No. 0085a Department MM 8 -4). MM XIV -12 Prior to issuance of each building The property owner /developer shall provide proof of compliance with Government Code Planning Department, permit, Section 53080 (schools) to the Building Division of the Planning Department (MMP No. 0085 Building Division It MM 3.9.5 -1, MMP No. 0085a MM 10 -1). TRANSPORTATION/TRATTIC MM XVI -1 Prior to issuance of the first The property owner /developer shall pay the appropriate Traffic Signal Assessment Fees and Public Works building permit for each building. Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined Department, Traffic and by the City Council Resolution in effect at the time of issuance of the building permit with Transportation Division credit given for City - authorized improvements provided by the property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established (MEIR 313 MM 3.3 -2). MM XVI -2 Prior to the final building and The property owner shall join and financially participate in a clean fuel shuttle program such as Public Works zoning inspection, the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Department, Traffic and ' Network in conjunction with the on -going operation of the project. The property owner shall Transportation Division also record a covenant on the property that requires participation in these programs ongoing during project operation. The farm of the covenant shall be approved by the City Attorney's Office prior to recordation (MEIR 313 MM 3.3 -4). MM XVI -3 Prior to the issuance of grading The property owner /developer shall provide to the City of Anaheim Public Works Department Public Works permits, a plan to coordinate rideshare services for construction employees with the Anaheim Department, Traffic and Transportation Network (ATN) for review and a approval and shall implement ATN Transportation Division recommendations to the extent feasible (MEIR 313 MM 33-5). MM XVI -4 Ongoing during construction, If the Anaheim Police Department or the Anaheim Traffic Management Center (TMC) Police Department (for personnel are required to provide temporary traffic control services, the property Police Department owner /developer shall reimburse the City, on a fair -share basis, if applicable, for reasonable Personnel); Public Works costs associated with such services (MEIR 313 MM 3.3 -7). Department, Traffic and Transportation Division (for Anaheim TMC personnel) NIM XVI -5 Prior to the final building and The property owner shall record a covenant on the property requiring that ongoing during Public Works zoning inspection, project implementation, the property owner /developer shall implement and administer a Department, Traffic and comprehensive Transportation Demand Management (TDM) program for all employees. The Transportation Division form of the covenant shall be approved by the City Attorney's Office. Objectives of the TOM program shall be: A. Increase ridesharing and use of alternative transportation modes by guests. B. Provide a menu of commute alternatives for employees to reduce project - generated trips. -12- Springhill Suites (Continued) Mitigation Measure Number Timing Measure Responsible for Monitoring Completion C. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. (MESA 313, MM3.3 -8 in part) MM XVI -6 Prior to the final building and The property owner /developer shall provide to the City of Anaheim Public Works Department Public Works zoning inspection, for review and approval a menu of TOM program strategies and elements for both existing and Department. Traffic and future employees' commute options, and incentives for hotel patrons transportation options, to Transportation Division include, but are not be limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TOM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. A. On -site. services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. B. Rideshatine. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. C. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. D. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. E. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other dim the automobile. When appropriate, event shuttle service shall also be made available for guests. -13- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring F.Bicycling. Develop a Bicycling Program to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. G. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a preamnged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. H. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. I. Work Shifts. Stagger work shifts. J. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. K. Telecommuting. Explore the possibility of a `9elecommuting" program that would link some employees via electronic means (e.g., computer with modem). L. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single- occupant auto to travel to work. M. Access. Provide preferential access to high occupancy vehicles and shuttles. N. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. O. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. P.Special `Premium' for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc, to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. Q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips (MEIR 313 MM 3.3 -8 in part). UTILITIES AND SERVICE SYSTEMS MM XVII -I Ongoing during project. operation, All landscaping for projects located within the Proposed Project shall utilize drought tolerant Planning Department, plant materials within a plant factor of 0.5 or less pursuant to the publication entitled "Water Planning Division Use Classification of Landscape Species" by the U.C. Cooperative Extension, August 2000. -14- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring MM XVII -2 Ongoing during project operation, All new development within the Proposed Project shall include water efficient design features Planning Department, including, but not limited to (as applicable to the type of development at issue) waterless water Planning Division heaters, waterless urinals, automatic on and off water facets, and water efficient appliances. MM XVII -3 Prior to the issuance of the first The Property Owner/Developer shall comply with Rule 15E of the Public Utilities Department Planning Department, building permit or grading permit, Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: Planning Division; Public whichever occurs Cost, (1) Installation of a 16 -inch pipe in Harbor Boulevard from Orangewood Avenue to Utilities Department. Electrical Engineering Chapman Avenue; and Division (2) Provision for a new well to be constructed near the intersection of Haster Street and orangewood Avenue. 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) (EIR 313 MM 3.9.6 -2, Water Service). MM XVII -4 Prior to issuance of each building All water supply planning for the project will be closely coordinated with, and be subject to the Planning Department, permit, review and final approval of, the Utilities Department, Water Engineering Division and Fire Planning Division; Public Department (EIR 313 MM 3.9.6 -3, Water Service). Utilities Department, Water Engineering Division; Fire Department MM XVII -5 Prior to issuance of each building Water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less Planning Department, permit, by means of pressure reducing valves installed at the property owner /developer's service (EIR Planning Division; Public 313 MM 3.9.6 -4, Water Service). Utilities Department, Water Engineering Division MM XVII -6 Prior to approval of a final The property owner /developer shall participate in the City's Master Plan of Sewers and related Planning Department, subdivision map or issuance of a Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary Planning Division; Public grading or building permit, sewer system deficiencies as follows: Works/Engineering whichever occurs first, The property owner /developer shall submit a report for review and approval of the City Department, Development Division 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 -15- Springhill Suites (Continued) Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 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) (EIR 313 Mitigation Measure 3.9.7 -1, _ Public Services and Utilities). -16- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring MM XVII -7 Prior to issuance of each building The property owner/ developer shall submit to the Public Utilities Department plans for review Planning Department, permit (to be implemented prior and approval which shall ensure that water conservation measures are incorporated. Among the Planning Division; Public to final building and zoning water conservation measures to be shown on the plans and implemented by the property Utilities Department, inspections, and continuing on an owner /developer, to the extent applicable include, but are not limited to, the following: Water Engineering on-going basis during project Division operation), • Use of low -flow sprinkler heads in irrigation s stems. P y • 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. • Water efficient ice - machines, dishwashers, clothes washers and other water -using 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 (MEIR 313 MM 3.9.6-1, Water Service). MM XVII -8 Ongoing during project The City shall continue to collaborate with the Metropolitan Water District of Southern Planning Department, construction and operation California (MWD), its member agencies, and the Orange County Water District (OCWD) to Planning Division; Public ensure that available water supplies meet anticipated demand. If it is forecasted that water Utilities Department, demand exceeds available supplies, the City shall trigger application of its Water Conservation Water Engineering Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory Division; Public conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. Works/Engineering Department, Development Division, MM XVII -9 Prior to approval of building The Property Owner /Developer for new development within the ARSP area shall provide Planning Department, Plans, evidence to the Planning Director or Planning Services Manager that separate irrigation lines Planning Division; Public for recycled water shall be constructed. All irrigation systems shall be designed so that they Utilities Department, will function properly with recycled water. Water Engineering Division MM XVII -10 Prior to issuance of each building The property owner /developer shall submit an irrigation plan in which all irrigation systems Planning Department, permit, shall be designed so that they will function properly with reclaimed water, once a system is Planning Division; Public -17- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring available (E1R 313 MM 3.11 -2, Visual Resources and Aesthetics). Utilities Department, Water Engineering Division O:I Springhill Suites (Continued) Mitigation Measure Number Timing Measure Responsible for Monitoring Completion MM XVII -11 Prior to issuance of a grading or The property owner /developer shall participate in the City's Master Plan of Storm Drains and Planning Department, building permit, whichever occurs related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future Planning Division; Public first, storm drainage system deficiencies as follows: Works/Engineering The property owner /developer shall submit a report for review and approval by the Department, Development Division 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 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 (MMP No. 0085 MM 3.9.8 -1, MMP No. 00851 MM 13 -1.). (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 mi igation measure.) MM XVII -12 Prior to issuance of each building The property owner /developer shall submit project plans to the Public Works Department for Planning Department, permit; to be implemented prior review and approval to ensure that the plans comply with Art 939, the Solid Waste Reduction Planning Division; Public to final building and zoning Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Works/Engineering -19- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring Inspection, Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, Department, implementation of said plan shall commence and shall remain in full effect. Waste Development Division 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 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. (MMP No. 0085 MM 3.9.3 -1, MMP No. 0085a MM 9 -1) MM XVII -13 Ongoing during project operation, The following practices shall be implemented, as feasible, by the property owner /developer: Planning Department, A. Usage of recycled paper products for stationary, letterhead, and packaging. Planning Division B. Recovery of materials such as aluminum and cardboard. C. Collection of office paper for recycling. 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. (MMP No. 0085 MM 3.9.3 -2, MMP No. 0085a MM 9 -2) MM XVII -14 Prior to issuance of each building The property owner /develop shall submit plans showing that each structure will comply with j Planning Department, permit, the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, Planning Division: Public California Code of Regulations) and will consult with the City of Anaheim Public Utilities Utilities Department, -20- Springhill Suites (Continued) Mitigation Measure Responsible for Completion Number Timing Measure Monitoring Resource Efficiency Division in order to review above Title 24 measures to incorporate into Resource Efficiency the project design including energy efficient designs (MMP No. 0085 MM 3.9.9 -1, MMP No. Division 0085a MM 14 -1). MM XVII -15 Prior to final building and zoning The property owner /developer shall implement energy- saving practices in compliance with Planning Department, inspections, Title 24, which may include the following: Planning Division; Public A. Use of high - efficiency air conditioning systems controlled by a computerized Utilities Department, Resource Efficiency management system including features such as a variable air volume system, a Division 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 (MMP No. 0085 MM 3.9.9 -2, MMP No. 0085a MM 14 -2). MM XVII -16 Prior to issuance of each building The property owner /developer shall install an underground electrical service from the Public Planning Department, permit for any buildings requiring Utilities Distribution System. The Underground Service will be installed in accordance with Planning Division; Public a change in electrical service, the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Utilities Department, Electrical Service Fees and other applicable fees will be assessed in accordance with the Resource Efficiency Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems Division (MMP No. 0085 MM 3.9.9 -3, MMP No. 0085a MM 14 -3), MM XVII -17 Prior to each final building and The Southern California Gas Company has developed several programs which are intended to Planning Department, zoning inspection assist in the selection of the most energy - efficient water heaters and furnaces. The property Planning Division; Public owner /developer shall implement a program, as required, to reduce the demand on natural gas Utilities Department, supplies. (MMP No. 0085 MM 3.9.10 -1, MMP No. 0085a MM 14 -5). Resource Efficiency Division MM XVII -18 Prior to issuance of each building The property owner /developer shall demonstrate on plans that fuel efficient models of gas- Planning Department, permit, powered building equipment have been incorporated into the project, to the extent feasible Planning Division; Public (MMP No. 0085a MM 19 -1). Utilities Department, Resource Efficiency Division -21-