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Resolution-PC 2013-047RESOLUTION NO. PC2013 -047 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING FINAL SITE PLAN NO. 2012 -00003 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00055) (1400 SOUTH HARBOR BOULEVARD AND 1415 SOUTH MANCHESTER AVENUE) 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. 2012 -00003 to construct a six story, 221 -room hotel with an underground parking garage, private water park, breakfast room and bar, and kitchenettes in some of the guestrooms (herein referred to as the "Proposed Project ") for certain real property located at 1400 South Harbor Boulevard and 1415 South Manchester 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 3.2 -acres on three parcels, is developed with a Mimi's Restaurant and a vacant parcel. 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 June 17, 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 Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against said proposed Final Site Plan No. 2012 -00003 to investigate and make findings and recommendations in connection therewith; 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 finds and determines that the previously- certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 2008 -00340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 313 have occurred; and WHEREAS, the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 309 ( "MMP "), which is attached hereto as Exhibit C and incorporated herein by this reference, and was prepared for the Proposed Project and includes mitigation measures specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and - 1 - PC2013 -047 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. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan (SP92 -2) and is consistent with the development standards of said Specific Plan. 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. 6. The Proposed Project, including its design and layout, complies with the objectives and concepts as contained in the Design Plan of the Anaheim Resort Specific Plan (SP92 -2). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Final Site Plan No. 2012 - 00003, contingent upon and 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 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 condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that 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. -2- PC2013 -047 BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. 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 June 17, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY P ANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -047 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 June 17, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 17` day of June, 2013 SENIOR SECItTARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -047 EXHIBIT "A" DEV NO. 2012-00055 APN: 082 - 170 -56 W GUtNtop Lt1 A 9� �sr W MANCHESTER AVE j seal �, ca m � 9 0 co N m >^ ` "! 570' 9L F © c s .00 Source: Recorded Tract Maps and /or City GIS. ree: Please note the accuracy is -I- two to five feet. - 5 - PC2013 -047 EXHIBIT `B" FINAL SITE PLAN NO. 2012-00003 (DEV2012- 00055) -6- PC2013 -047 REVIEWED SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS I Locations for future above - ground utility devices including, but not Planning limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 2 Plans submitted for building permits shall include a note that on -going Planning during project operation no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. 3 All backflow equipment shall be located above ground outside of the Planning street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and the Cross Connection Control Inspector before submittal for building permits. 4 All plumbing or other similar pipes and fixtures located on the exterior of Planning the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 5 Prior to approval of permits for improvement plans, the property Public owner /developer shall coordinate with Electrical Engineering to establish Utilities, electrical service requirements and submit electric system plans, electrical Electrical panel drawings, site plans, elevation plans, and related technical drawings Engineering and specifications. 6 Prior to connection of electrical service, the legal owner shall provide to Public the City of Anaheim a Public Utilities easement with dimensions as shown Utilities, on the approved utility service plan. Electrical 7 All requests for new water services or fire lines as well as any Public -6- PC2013 -047 -7- PC2013 -047 modifications, relocations, or abandonments of existing water services and Utilities, fire lines shall be coordinated through the Water Engineering Division of Water the Public Utilities Department. 8 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 9 Because this project is located in the Anaheim Resort area, installation of Public large meters and fire service assemblies shall comply with the screening Utilities, requirements or Ordinance No. 5156 and Chapter 18.48 of the Code. Water 10 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 owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 11 The owner /developer shall irrevocably offer to dedicate to the City of Public Anaheim (i) an easement for all large domestic above - ground water meters Utilities, and fire hydrants, including a five (5) -foot wide easement around the fire Water hydrant and/or water meter pad. (ii) a twenty (20) foot wide 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. 12 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 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. 13 Prior to issuance of the first building permit, the developer shall contact Public Water Engineering for reclaimed water system requirements and specific Utilities, water conservation measures to be incorporated into the building and Water landscaping construction plans. -7- PC2013 -047 14 All proposed on -site fire hydrants shall be privately installed and Public maintained. Utilities, Water 15 The Developer shall submit improvement plans for review and approval in Public determining the conditions necessary for providing water service to the Utilities, project. Water 16 A private water system with a separate water service for fire protection Public and domestic water shall be provided. Utilities, Water 17 Prior to the issuance of grading permit, the applicant shall submit to the Public Works, Public Works Department, Development Services Division for review and Development approval a Water Quality Management Plan that conforms with current Services Orange County Guidelines and Requirements as well as the City's WQMP Review Checklist. 18 Plans shall specifically indicate that all vehicular ramps and grades Planning, conform to all applicable City Standard Details. In the event that the Public Works ramp design results in a reduction of no more than 10 percent of the - Traffic overall number of parking spaces on the site, then the owner shall apply for an Administrative Adjustment pursuant to Section 18.62.040 of the Anaheim Municipal Code. 19 Prior to issuance of the a building permit for the parking structure, plans Public Works, shall demonstrate that at -grade ducts and overhead pipes shall not Traffic encroach in the parking space areas or required vehicle clearance areas. 20 The owner shall comply with Ordinance No. 5209 and Resolution No. Public Works, 91R -89 relating to the Transportation Demand Management (TDM) by Traffic providing on -site taxi and shuttle bus loading zones, and 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. 21 A lot line adjustment shall be submitted to the Public Works Department, Public Works, Development Services Division to adjust the two (2) subject parcels Development boundaries. The Lot Line Adjustment shall be approved by the City Services Surveyor and recorded, along with perfecting deed, in the office of the Orange County Recorder prior to issuance of a building permit. 22 The legal owner shall submit an application for a Subdivision Map Act Public Works, Certificate Compliance to the Public Works Department, Development Development Services Division. A Certificate of Compliance or Conditional Certificate Services of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. 8- PC2013 -047 23 Prior to issuance of a building permit, the developer shall submit to the Public Works, Public Works Department, Development Services Division street Development improvement plans for the realignment of Manchester Avenue, including Services curb and gutter, sidewalk, landscape, dry and wet utility facilities, traffic signal and traffic related improvements, and raised median. 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. 24 Prior to issuance of a building permit, the developer shall post a security Public Works, to guarantee the construction of public works improvements in an Development amount approved by the City Engineer and in a form approved by the Services City Attorney. The improvements shall be constructed prior to final building and zoning inspections. 25 The location of trash and recycle barrels to be collected on trash Public Works, collection day, and the storage of the barrels, shall be provided in a Sanitation location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed and located inside the garage. Said information shall be specifically shown on the plans submitted for building permits. 26 An unsubordinated restricted covenant providing shared sanitation Planning, pickup services between the subject property and the adjacent Howard Public Works - Johnson's hotel property located at 1380 South Harbor Boulevard shall Streets and be submitted to the Planning Department in a form satisfactory to the Sanitation City Attorney, and shall be recorded with the Office of the Orange County Recorder. A copy of the covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in both properties. ONGOING DURING CONSTRUCTION NPOW 27 It is the responsibility of the Owner to remove and relocate any traffic Public Works, signal poles and equipment at the intersection of Manchester Avenue Development and Harbor Boulevard if necessary at the Owner's expense. Services 28 An all- weather access road as approved by the Fire Department shall be Fire provided during construction. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 29 A fire alarm system shall be designed, installed and maintained as required Fire by the Fire Department. 30 Prior to issuance of certificate of occupancy, the applicant shall: Public Works, • Demonstrate that all structural BMPs described in the Project WQMP Development have been constructed and installed in conformance with approved plans Services and specifications. • Demonstrate that the applicant is prepared to implement all non - structural 9- PC2013 -047 _10- PC2013 -047 BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. GENERAL 31 Compliance with AMC 6016, the Anaheim Public Safety Radio System Police Coverage Ordinance is required. To request a copy of the 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. 32 Parking structures shall have clearly marked emergency stations with Police hands free, two -way communication with Security /Police. These shall be placed adjacent to stairway landings and appropriately spaced throughout the structure. 33 All entrances to parking areas shall be posted with appropriate signs per Police 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request. 34 "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 least 2' x 1' in overall size, with white background and black 2" lettering. 35 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 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. 36 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, Police and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: httv://www.anaheim.net/article.asp?id=678 37 Mitigation Measures ( "MM "), Project Design Features ( "PDF ") and Planning Standard Conditions ( "SC ") from Mitigation Monitoring Program No. 309 are incorporated into Exhibit C and are identified by the mitigation measure number. Compliance with all mitigation measures must be done in accordance to the timing specified in the measure. 38 The subject Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. _10- PC2013 -047 39 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 or sold to the general public and the dining area shall not operate as a restaurant open to the public. 40 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the licensee shall be removed or painted over within Enforcement 24 hours of being applied. 41 The parking lot of the premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernible the 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. 42 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 43 The applicant is responsible for paying all charges related to the processing Planning of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 11 - PC2013 -047 EXHIBIT "C" FINAL SITE PLAN NO. 2012-00003 (DEV2012- 00055) COURTYARD BY MARRIOTT MITIGATION MONITORING PROGRAM NO. 309 Terms and Definitions 1. Property Owner/Developer — Any owner or developer of real property within the Courtyard by Marriott. 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 timing 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. 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. 6. Building Permit — For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new 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. -1- Courtyard by Marriott Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring AESTHETICS MM 5.1 -1 Prior to issuance of Prior to issuance of building permits, all plumbing or other similar pipes and Planning and building permits fixtures located on the exterior of the building shall be shown on plans as fully Building Department screened from view of adjacent public rights -of -way and from adjacent properties by architectural devices and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. MM 5.1 -2 Ongoing Ongoing, the property owner /developer shall be responsible for the removal of Planning and any on -site graffiti within 24 hours of its application. Building Department MM 5.1 -3 Prior to final building and Prior to final building and zoning inspections, private streets within the Public Utilities zoning inspections Anaheim Resort Specific Plan area shall have street lights installed which are Department compatible with the design standards used for the public streets as determined by the Public Utilities Department. MM 5.1 -5 Prior to final building and Prior to final building and zoning inspections, the property owner /developer Planning and zoning inspections shall submit to the Planning and Building Department a letter from a licensed Building Department landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. MM 5.1 -6 Ongoing Ongoing, all on -site non - Public Realm landscaping and irrigation systems, Planning and and Public Realm landscaping and irrigation systems, within area in which Building Department dedication has not been accepted by the City, shall be maintained by the property owner /developer, in compliance with City standards. MM 5.1 -7 Ongoing Ongoing, any tree planted within the Setback Realm shall be replaced in a Planning and timely manner in the event that it is removed, damaged, diseased and/or Building Department dead. -2- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring MM 5.1 -8 Ongoing Ongoing, a licensed arborist shall be hired by the property owner /developer Planning and to be responsible for all tree trimming. Building Department MM 5.1 -9 Prior to issuance of each Prior to issuance of each building permits, unless records indicate previous Planning and building permits payment, a fee for street tree purposes shall be paid or cause to be paid to the Building Department City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner /developer. MM 5.1 -10 Prior to issuance of each Prior to issuance of each building permit, all air conditioning facilities and Planning and building permit other roof and ground- mounted equipment shall be shown on plans as Building Department shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. AIR QUALITY MM 5.2 -1 Ongoing during project Ongoing during project operation, the property owner /developer shall Planning and operation implement measures to reduce emissions to the extent practical, schedule Building Department goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. MM 5.2 -2 Prior to the issuance of Prior to the issuance of each building permit, the property owner /developer Planning and each building permit shall submit evidence that low emission paints and coatings are utilized in the Building Department design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner /developer shall also implement the following to limit emissions from -3- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion architectural coatings and asphalt usage: a. Use non - solvent -based coatings on buildings, wherever appropriate; b. Use solvent -based coatings, where they are necessary. MM 5.2 -3 Ongoing during Ongoing during construction, the property owner /developer shall implement Planning and construction measures to reduce construction- related air quality impacts. These measures Building Department shall include, but are not limited to: 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. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. 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. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not cant' dirt on tires onto public streets, including treating onsite roads and staging areas. ME Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with 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. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2 -4 Prior to issuance of each Prior to issuance of each grading permit (for Import/Export Plan) and prior to Planning and grading permit (for issuance of demolition permit (for Demolition Plan), the property Building Department Import/Export Plan) and owner /developer shall submit Demolition and Import/Export plans. The plans prior to issuance of shall include identification of offsite locations for materials export from the demolition permit (for project and options for disposal of excess material. These options may Demolition Plan) 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 the project site. -5- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring MM 5.2 -5 Prior to the issuance of Prior to the issuance of each building permit, the property owner /developer Planning and each building permit shall comply with all SCAQMD offset regulations and implementation of Building Department Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. MM 5.2 -6 Prior to the issuance of Prior to the issuance of each building permit, the property owner /developer Planning and each building permit shall implement, and demonstrate to the City, measures that are being taken Building Department to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: 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 f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. MM 5.2 -7 Prior to issuance of the Prior to issuance of the first building permit, the property owner /developer Planning and first building permit shall submit a human health risk assessment (HRA) for any proposed Building Department sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. !n Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring BIOLOGICAL RESOURCES MM 5.3 -1 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building Planning and demolition permit, grading permit, whichever occurs first, a survey for active raptor nests shall be Building Department permit, or building permit, conducted by a qualified Biologist and submitted to the Planning and whichever occurs first Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. MM 5.3 -2 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building Planning and demolition permit, grading permit, whichever occurs first, a letter detailing the proposed schedule for Building Department permit, or building permit, vegetation removal activities shall be submitted to the Planning and Building whichever occurs first Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. CULTURAL RESOURCES MM 5.4 -1 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall Planning and Public grading permit submit a letter identifying the certified archaeologist that has been hired to Works Departments ensure that the following actions are implemented: a. The archaeologist must be present at the pre - grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts -7- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 as to when the final report will be submitted. MM 5.4 -2 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall Planning and Public grading permit submit a letter identifying the certified paleontologist that has been hired to Works Departments ensure that the following actions are implemented: a. The paleontologist must be present at the pre - grading 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 10 Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring survey the area. GEOLOGY AND SOILS MM 5.5 -1 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall Planning and building permit submit to the Planning and Building Department, Building Services Division Building Department for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. MM 5.5 -2 Prior to issuance of each Prior to issuance of each foundation permit, the property owner /developer Planning and foundation permit shall submit a report prepared by a geotechnical engineer to the Planning and Building Department Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. MM 5.5 -3 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall Planning and building permit submit plans to the Planning Department, Building Services Division for Building Department review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. MM 5.5 -4 Prior to the final building Prior to the final building and zoning inspection for a hotel /motel, the Fire Department and zoning inspection for a property owner /developer shall submit an earthquake emergency response hotel /motel plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. MM 5.5 -5 Ongoing during grading Ongoing during grading activities, the property owner /developer shall Planning and activities implement standard practices for all applicable codes and ordinances to Building Department prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. MM 5.5 -6 Prior to issuance of Prior to issuance of building or grading permits, the property owner /developer Planning and Public building or grading permits shall submit to the Planning and Public Works Departments, geologic and Works Departments geotechnical investigations in areas of potential seismic or geologic hazards 1s Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring and provide a note on plans that all grading operations will be conducted in Department conformance with the recommendations contained in the applicable geotechnical investigation. HAZARDS AND HAZARDOUS MATERIALS MM 5.7 -1 Prior to issuance of the Prior to issuance of the first grading or demolition permit, whichever occurs Fire Department first grading or demolition first, in areas of former service stations, in areas known or thought to have permit, whichever occurs been previously occupied by USTs, and in areas where tank removal has not first been verified prior to excavation or grading the property owner /developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. MM 5.7 -2 Prior to the removal of Prior to the removal of USTs, the property owner /developer shall obtain a Fire Department USTs permit from the Environmental Protection Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. MM 5.7 -3 Ongoing during Ongoing during remediation all remediation activities of surface or Fire Department remediation all remediation subsurface contamination not related to USTs, conducted on behalf of the activities of surface or property owner /developer, shall be overseen by the Orange County Health subsurface contamination Care Agency (OCHCA). Information on subsurface contamination from not related to USTs USTs shall be provided to the Public Utilities Department, Environmental Public Utilities Services Division. Department 10- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring MM 5.7 -4 Prior to issuance of the Prior to issuance of the first grading demolition permit, whichever occurs first Fire Department first grading or demolition the property owner /developer shall submit a plan for review and approval by permit, whichever occurs the Fire Department which details procedures that will be taken if previously first unknown USTs, or other unknown hazardous material or waste, is discovered onsite. MM 5.7 -6 Ongoing during project Ongoing during project demolition and construction, in the event that Fire Department demolition and hazardous waste, including asbestos, is discovered during site preparation or construction construction, the property owner /developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the 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 5.7 -7 Prior to issuance of any Prior to issuance of any discretionary permit for a current or former Fire Department discretionary permit for a hazardous waste disposal site or solid waste disposal site, the project property current or former owner /developer shall submit a Phase I Environmental Site Assessment to the hazardous waste disposal City. If possible hazardous materials are identified during the site site or solid waste disposal assessments, the appropriate response/remedial measures will be site implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board (RWQCB), as appropriate. -11- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring HYDROLOGY AND WATER QUALITY MM 5.8 -1 Prior to issuance of the Prior to issuance of the first grading or building permit, whichever occurs Public Works first grading or building first, the property owner /developer shall submit a Master Drainage and Department permit, whichever occurs Runoff Management Plan (MDRMP) for review and approval by the Public first Works Department, Development Services Division and Orange County (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. c. An analysis of 10 -, 25- and 100 -year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build -out condition; and address whether off -site and/ or on -site drainage improvements (such as detention/ retention basins or surface runoff reduction, upsize City system) will be required to maintain the existing peak discharge or to lower it. MM 5.8 -2 Prior to issuance of a Prior to issuance of a grading permit for sites that disturb more than one (1) Planning and Public grading permit for sites acre of soil, the property owner /developer shall obtain coverage under the Works Departments that disturb more than one NPDES Statewide Industrial Stormwater Permit for General Construction (1) acre of soil Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. 12- Mitigation Department Measure Responsible for Completion Number Timing [Ongoing Measure Monitoring MM 5.8 -3 during project Ongoing during project operations, the property owner /developer shall Planning and rations provide for the following: cleaning of all paved areas not maintained by the Building Department City of Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. MM 5.8 -4 Prior to each final building Prior to each final building and zoning inspection, the property Planning and and zoning inspection owner /developer shall submit a letter from a licensed landscape architect to Building Department the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. MM 5.8 -5 Prior to final building and Prior to final building and zoning inspection, the property owner /developer Public Utilities zoning inspection shall install piping on -site with project water mains so that reclaimed water Department may be used for landscape irrigation, if and when it becomes available. MM 5.8 -6 Prior to issuance of Prior to issuance of building permits, the property owner /developer shall Public Works building permits provide written evidence that all storm drain, sewer, and street improvement Department plans shall be designed and constructed to the satisfaction of the City Engineer. NOISE 5.10 -1 Ongoing during Ongoing during construction, the property owner /developer shall ensure that Planning and construction, all internal combustion engines on construction equipment and trucks are Building Department fitted with properly maintained mufflers. 5.10 -2 Prior to issuance of each Prior to issuance of each building permit, a note shall be provided on building Planning and building permit plans indicating that during construction, the property owner /developer shall Building Department install and maintain specially designed construction barriers at the project perimeter areas. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (SIC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled -13- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring with an acceptable solid vision product. 5.10 -3 Ongoing during Ongoing during construction and project operation, pressure washing Planning and construction and project operations for purposes of building repair and maintenance due to graffiti or Building Department operation other aesthetical considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. 5.10 -4 Ongoing during Ongoing during construction and project operation, sweeping operations in Planning and construction and project the parking facilities and private on -site roadways shall be performed Building Department operation utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 5.10 -5 Ongoing during Ongoing during construction, property owners /developers shall pay for all Planning and construction reasonable costs associated with noise monitoring which shall include Building Department monitoring conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a random basis to ensure that outdoor construction - related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 PM and 7:00 AM of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow -up monitoring conducted to confirm compliance. 5.10 -6 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall Planning and building permit present plans and calculations to the Planning and Building Department, Building Department Building Division to demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. 5.10 -7 Prior to issuance of each Prior to issuance of each building permit if pile driving and blasting is Planning and building permit if pile anticipated during construction, a noise and vibration analysis must be Building Department 14- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring driving and blasting is prepared and submitted to the Planning and Building Department, Building anticipated during Division, to assess and mitigate potential noise and vibration impacts related construction to these activities. PUBLIC SERVICES 5.12 -1 Prior to the approval of Prior to issuance of each building permit, the property owner /developer shall Police Department each Final Site Plan and submit plans to the Police Department for review and approval for safety, issuance of each building accessibility, crime prevention, and security provisions during both the permit construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 5.12 -3 Ongoing during project Ongoing during project operation, the property owner /developer shall provide Police Department operation private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 5.12 -4 Prior to issuance of each Prior to issuance of each building permit, the project design shall include Police Department building permit parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. 5.12 -5 Prior to commencement of Prior to commencement of structural framing on each parcel or lot, onsite fire Fire Department structural framing on each hydrants shall be installed and charged by the property owner /developer as parcel or lot required and approved by the Fire Department. 5.12 -6 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall Fire Department grading permit submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. -15- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring 5.12 -7 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to the final Fire Department building permit; to be building and zoning inspection, plans shall indicate that all buildings, implemented prior to the exclusive of parking structures, shall have sprinklers installed by the property final building and zoning owner /developer in accordance with the Anaheim Municipal Code. Said inspection sprinklers shall be installed prior to each final building and zoning inspection. 5.12 -8 Prior to issuance of each Prior to issuance of each building permit, plans shall be submitted to ensure Fire Department building permit that development is in accordance 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. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. 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. e. 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. 5.12 -9 Prior to issuance of the Prior to issuance of the first building permit, the property owner /developer Fire Department first building permit shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: 16- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle /trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner /developer shall be based on an apportionment of the costs of such equipmentifacilities among property owners /developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements. 5.12 -10 Prior to each final building Prior to each final building and zoning inspection, the property Fire Department and zoning inspection owner /developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. 5.12 -11 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall Fire Department building permit submit a Construction Fire 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 -17- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring acceptable to the Fire Department and hydrants shall be operational with required fire flow. 5.12 -12 Prior to the approval of Prior to the issuance of each building permit, plans shall be reviewed and Fire Department each Final Site Plan and approved by the Fire Department as being in conformance with the Uniform prior to the issuance of Fire Code. each building permit 5.12 -13 Prior to the placement of Prior to the placement of building materials on a building site, an all- weather Fire Department building materials on a road shall be provided from the roadway system to and on the construction building site site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. 5.12 -14 Prior to approval of Prior to approval of building plans, the property owner /developer shall Fire Department building plans provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 5.12 -15 Prior to approval of on -site Prior to approval of on -site water plans, unless each commercial building is Fire Department water plans initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 5.12 -16 Prior to approval of water Prior to approval of water improvement plans, the water supply system shall Fire Department improvement plans be designed by the property owner /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. ff" Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring 5.12 -17 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall Planning and building permit provide proof of compliance with Government Code Section 53080 Building Department (Schools). 5.12 -19 Prior to the issuance of a Prior to the issuance of a building permit, the property owner /developer shall Planning and building permit comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Building Department Facilities Services Areas — Payment of Fees Required. TRANSPORTATION AND TRAFFIC 5.14 -1 Prior to issuance of the Prior to issuance of the first building permit for each building, the property Public Works first building permit for owner /developer shall pay the appropriate Transportation Impact and Department each building Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with 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. 5.14 -2 Prior to approval of the Prior to approval of the first final subdivision map or issuance of the first Public Works first final subdivision map building permit, whichever occurs first, the property owner /developer shall Department or issuance of the first irrevocably offer for dedication (with subordination of easements), including building permit, whichever necessary construction easements, the ultimate arterial highway right(s) -of- occurs first way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. 5.14 -3 Prior to the final building Prior to the final building and zoning inspection, the property owner shall join Public Works and zoning inspection and financially participate in a clean fuel shuttle program such as the Department Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 5.14 4 Prior to the issuance of Prior to the issuance of grading permits, the property owner /developer shall Public Works grading permits provide to the City of Anaheim Public Works Department a plan to Department coordinate rideshare services for construction employees with the Anaheim -19- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. 5.14 -5 Ongoing during Ongoing during construction, if the Anaheim Police Department or the Police Department construction Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner /developer shall reimburse the City, on a fair -share basis, if applicable, for reasonable costs associated with such services. Public Works Department 5.14 -6 Prior to the final building Prior to the final building and zoning inspection, the property owner shall Public Works and zoning inspection, the record a covenant on the property requiring that ongoing during project Department property owner shall implementation, the property owner /developer shall implement and record a covenant on the administer a comprehensive Transportation Demand Management (TDM) property requiring that program for all employees. The form of the covenant shall be approved by the ongoing during project City Attorney's Office. Objectives of the TDM program shall be: implementation 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. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. 5.14 -7 Prior to the final building Prior to the final building and zoning inspection, the property Public Works and zoning inspection owner /developer shall provide to the City of Anaheim Public Works Department Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons' transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM 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. -20- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. 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 than the automobile. When appropriate, event shuttle service shall also be made available for guests. 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 prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. It. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to -21- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. 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. 5.14 -8 Prior to the recordation of Prior to the recordation of a subdivision map or issuance of the first building Planning and a subdivision map or permit, whichever occurs first, in the event that a parcel is subdivided and -22- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring issuance of the first there is a need for common on -site circulation and/or parking, prior to Building Department building permit, whichever recordation of a subdivision map, an unsubordmated covenant providing for occurs first reciprocal access and/or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning and Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. 5.14 -9 Prior to the issuance of the Prior to the issuance of the first building permit, the location of any proposed Public Works first building permit gates across a driveway shall be subject to the review and approval of the Department City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. 5.14 -10 Prior to the issuance of Prior to the issuance of building permits, plans shall show that all driveways Public Works building permits shall be constructed with a minimum fifteen (15) foot radius curb returns as Department required by the City Engineer, unless otherwise approved by the City Engineer. 5.14 -11 Prior to the issuance of Prior to the issuance of building permits or final map approval, whichever Public Works building permits or final occurs first, security in the form of a bond, certificate of deposit, letter of Department map approval, whichever credit, completion guarantee, or cash, in an amount and form satisfactory to occurs first the City Engineer shall be posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. 5.14 -12 Based upon the Based upon the improvement phasing analysis in the project traffic study, the Public Works improvement phasing property owner /developer shall implement traffic improvements as identified Department analysis in the project in the project traffic study to maintain satisfactory levels of service as defined -23- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring traffic study by the City's General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner /developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 5.14 -13 Prior to approval of a Final Prior to approval of a Final Site Plan for any project forecast to generate 100 Public Works Site Plan for any project or more peak hour trips, as determined by the City Traffic and Transportation Department forecast to generate 100 or Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in more peak hour trips conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, the following actions shall be taken in cooperation with the City of Orange: a. The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair - share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b. The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with the City of Orange. c. The property owner /developer shall pay the City of Anaheim the fair - share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. S.14 -18 Prior to approval of a Final Prior to approval of a Final Site Plan for any project forecast to generate 100 Public Works Site Plan for any project or more peak hour trips, as determined by the City Traffic and Transportation -24- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring forecast to generate 100 or Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in Department more peak hour trips conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners /developers and the City will take the following actions in cooperation with Caltrans: a. The traffic study will identify the project's proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair - share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards, and methodologies established in the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. b. The City shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans. 5.14 -14 Prior to the approval of the Prior to the approval of the final subdivision map or issuance of building Public Works final subdivision map or permits, whichever occurs first, the property owner /developer shall pay the Department issuance of building identified fair -share responsibility as determined by the City as set forth in permits, whichever occurs MM 5.14 -15. The City shall allocate the property owner /developer's fair - first share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. 5.14 -15 Prior to the approval of a Prior to the approval of a Final Site Plan, the property owner /developer shall Public Works Final Site Plan meet with the Traffic and Transportation Manager to determine whether a bus Department stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). 5.14 -16 Prior to the first final Prior to the first final building and zoning Inspection every property owner Public Works building and zoning and/or lessee shall designate an on -site contact that will be responsible for Department coordinating with the ATN and implementing all trip mitigation measures. -25- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring Inspection The on -site coordinator shall be the one point of contact representing the project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the project participants. WATER SUPPLY AND INFRASTRUCTURE 5.15 -1 Prior to issuance of each Prior to issuance of each building permit (to be implemented prior to final Public Utilities building permit (to be building and zoning inspections, and continuing on an on -going basis during Department implemented prior to final project operation), the property owner/ developer shall submit to the Public building and zoning Utilities Department plans for review and approval which shall ensure that inspections, and continuing water conservation measures are incorporated. The water conservation on an on -going basis measures to be shown on the plans and implemented by the property during project operation) owner /developer, to the extent applicable include, but are not limited to, the following: a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self - closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice - machines, dishwashers, clothes washers and other water -using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. -26- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring 5.15 -2 Prior to issuance of each Prior to issuance of each building permit, all water supply planning for the Public Utilities building permit project will be closely coordinated with, and be subject to the review and Department final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. Fire Department 5.15 -3 Prior to issuance of each Prior to issuance of each building permit, water pressure greater than 80 Planning and building permit pounds per square inch (psi) shall be reduced to 80 psi or less by means of Building Department pressure reducing valves installed at the property owner /developer's service. 5.15 -4 Prior to the issuance of Prior to the issuance of each building permit, the property owner /developer Planning and each building permit shall submit a landscape and irrigation plan which shall be prepared and Building Department certified by a licensed landscape architect. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping 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. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. 5.15 -5 Prior to approval of the Prior to approval of the Final Site Plan and building permits, plans shall Public Utilities Final Site Plan and specifically show that the water meter and backflow equipment and any other Department building permits large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction -27- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 5.15 -6 Prior to issuance of each Prior to issuance of each building permit, unless records indicate previous Public Utilities building permit, unless payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Department records indicate previous Protection Service shall be paid to the Public Utilities Department, Water payment Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 5.15 -7 Prior to final building and Prior to final building and zoning inspections, a separate water meter shall be Planning and zoning inspections installed for landscape water on all projects where the landscape area exceeds Building Department 2,500 square feet in accordance with Ordinance No. 6160. 5.15 -8 Ongoing Ongoing, the City shall continue to collaborate with the Metropolitan Water Public Utilities District of Southern California (MAID), its member agencies, and the Orange Department County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the 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. SEWER 5.16 -1 Prior to approval of a final Prior to approval of a final subdivision map or issuance of a grading or Public Works subdivision map or building permit, whichever occurs first, the property owner /developer shall Department issuance of a grading or participate in the City's Master Plan of Sewers and related Infrastructure building permit, whichever Improvement (Fee) Program to assist in mitigating existing and future occurs first sanitary sewer system deficiencies as follows: 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) -28- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring 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 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). ELECTRICITY Prior to issuance of each Prior to issuance of each building permit, the property owner /develop shall Public Utilities r building permit consult with the City of Anaheim Public Utilities Department, Business and Department Community Programs Division, in order to review energy efficient measures -29- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High - efficiency air- conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100 %) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors/separable activity areas f Specification of premium- efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage. 1. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air - conditioning for spaces or facilities that may require air - conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic -30- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems b. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements c. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 5.17 -2 Prior to final building and Prior to final building and zoning inspection, the property owner /developer Public Utilities zoning inspection shall install an underground electrical service from the Public Utilities Department Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 5.17 -3 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall Planning and building permit submit plans and calculations to the City of Anaheim Planning and Building Building Department Department, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 5.17 -4 Prior to approval of a Final Prior to approval of a Final Site Plan, the property owner /developer shall Public Utilities Site Plan coordinate with the Public Utilities Department to incorporate feasible Department renewable energy generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. -31- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion STORM WATER 5.18 -1 Prior to approval of a final Prior to approval of a final subdivision map, or issuance of a grading or Public Works subdivision map, or building permit, whichever occurs first, the property owner /developer shall Department issuance of a grading or participate in the City's Master Plan of Storm Drains and related building permit, whichever Infrastructure Improvement (Fee) Program to assist in mitigating existing and occurs first 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 /flows, then the property owner /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, -32- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring 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. 5.18 -2 Ongoing Ongoing, the City shall work with the Orange County Flood Control District Public Works (OCFCD) to ensure that flood control facilities are well maintained and Department capable of accommodating, at a minimum, future 25 -year storm flows for City -owned and maintained facilities, and 100 -year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County's Public Property Permits Section for any activity performed within OCFCD's right of way. 5.18 -3 Prior to the issuance of Prior to the issuance of building permits, the City shall require that building Planning and building permits plans indicate that new developments will minimize stormwater and urban Building Department runoff into drainage facilities by incorporating design features such as detention basins, on -site water features, and other strategies. OTHER PUBLIC UTILITIES -33- Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.19 -1 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to final Public Works building permit; to be building and zoning Inspection, the property owner /developer shall submit Department implemented prior to final project plans to the Public Works Department for review and approval to building and zoning ensure that the plans comply with AB 939, the Solid Waste Reduction Act of Inspection 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 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 storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non - recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick -up. -34- Mitigation Department Measure Responsible for Completion Number Timing Measure Monitoring 5.19 -2 Ongoing during project Ongoing during project operation, the following practices shall be Public Works operation implemented, as feasible, by the property owner /developer: Department a. Usage of recycled paper products for stationary, letterhead, and packaging. 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. 5.19 -3 Prior to issuance of Prior to issuance of building permits, plans shall show that trash storage areas Public Works building permits shall be provided and maintained in a location acceptable to the City of Department Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. 5.19 -4 Prior to issuance of each Prior to issuance of each building permit, the Property Owner/Developer shall Public Works building permit, demonstrate that the plans include provisions for the installation of trash and Department recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. 5.19 -5 Prior to issuance of each Prior to issuance of each grading and building permit, the Property Planning and grading and building Owner/Developer shall submit to the Planning Director or Planning Services Building Department permit Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. -35-