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Resolution-PC 2013-077RESOLUTION NO. PC2013 -077 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING FINAL SITE PLAN NO. 2013 -00005 AND VARIANCE NO. 2013 -04941 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00039) (1441 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. 2013 -00005 and Variance No. 2013 -04941 to demolish three existing motel buildings, establish a 2 -lot subdivision, and construct a new 5 -story Holiday Inn Express hotel with 96 new guest rooms with reduced front and interior setbacks and less parking than required by Code (herein referred to as the "Proposed Project ") for certain real property located at 1441 South Manchester Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 2.7 acres, is developed with a 182 -room Quality Inn hotel. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 23, 2013 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed Final Site Plan No. 2013- 00005 and Variance No. 2013 -04941 to investigate and make findings and recommendations in connection therewith. At the request of the applicant, the Planning Commission continued and readvertised this matter to its regular meeting of October 21, 2013; 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 - 1 - PC2013 -077 WHEREAS, the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 310 ( "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 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 Proposed 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 No. SP92 -2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code, with the exception of the setback and parking variance requests as described herein. 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). WHEREAS, the Planning Commission does further find and determine that the request for a variance for reduced front and interior setbacks and less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (167 spaces required; 152 spaces proposed) SECTION NO. 18.116.090.020 Minimum front setback. (20 feet required; 13 feet proposed) SECTION NO. 18.116.090.030 Minimum interior setback. (10 feet required; none proposed) -2- PC2013 -077 1. That the parking variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the Proposed Project than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the amount of parking spaces proposed has ample parking spaces to accommodate both hotel complexes. The parking study for the Proposed Project indicates that a maximum demand of 147 parking spaces will be needed for the entire site. The site will provide a total of 152 spaces, therefore, ample parking will be provided for both sites; and 2. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Proposed Project because the on -site parking within the hotel complex will adequately accommodate the parking demands of the proposed Proposed Project; and 3. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Proposed Project because the on -site parking for the hotel complex will adequately accommodate parking demands of all uses on the site. The existing and proposed hotels will generate a parking demand of 147 parking spaces; 152 parking spaces will be provided; and 4. That the parking variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the Proposed Project because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the parking variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the hotel complex; and 6. There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because special circumstances apply to this property as it is irregularly shaped due to the gore- shaped configuration of the property at the north end. This triangular lot configuration creates a hardship when considering the permitted density, associated building footprint, and minimum dimensions required for adequate parking, circulation, and landscaping to accommodate a hotel development. The applicant proposes to meet the intent of this requirement by providing a 10 -foot setback between the parking spaces and the adjacent Quality Inn hotel buildings; and 7. Because of special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity because other hotels in the vicinity have been constructed with reduced setbacks. -3 - PC2013 -077 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Final Site Plan No. 2013 -00005 and Variance No. 2013 - 04941, 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. 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. -4- PC2013 -077 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 21, 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. A V"'q) m CHAIR, ANAHEIM CITY PLAN G COMMISSION ATTEST: 1 SENIOR SEOR'ETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 21, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of October, 2013. SENIOR SECLTARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -077 EXHIBIT "All DEV NO. 2013-00039 APN: 082-170-35 W PALAIS, RD W MANCHESTER AVE W MIDWAY DR - 6 - PC2013-077 1 511 100 Source: Recorded Tract Maps and/or City GIS. two to f Please note the accuracy is +/ five feet. EXHIBIT "B" FINAL SITE PLAN NO. 2013-00005 VARIANCE NO. 2013-04941 (DEV2013- 00039) -7- PC2013 -077 REVIEWED SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMITS 1 Prior to issuance of a grading permit, the water quality management plan public Works, shall address the following items (among others which will be included Development following submittal of the Final WQMP, as the full document will be Services reviewed at that time, whereas primarily the treatment control was reviewed for the Preliminary WQMP): • The WQMP shall include additional information such as soils analysis, prior contamination, depth to groundwater, etc. to determine the acceptability and capability of this site to use infiltration. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration trench below the permeable pavers. • The design storm needs to be captured in the infiltration area. Clarify how the storm drain system will be used to route flows to the infiltration area. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio- retention areas (rain gardens), prior to reaching the infiltration system. • Ensure that all flows from the property are captured and treated. If flows from the adjacent properties are co- mingled with water on this site, then the total flow must be treated and accommodated in the design of the infiltration system. This project includes roadway widening and related improvements, which will also need to treat the footprint of that portion of the project by treating the design storm that will fall on that footprint. The treatment must be based on Green Streets Guidelines and must obtain approval of the City's Operations Division and /or Resort Services. 2 Per the requirements of the General Permit for Discharges of Storm Water Public Works, Associated with Construction Activity (Construction General Permit Order Development 2009 - 0009 -DWQ), a Stormwater Pollution Prevention Plan (SWPPP) for Services the proposed project shall be prepared and include a sufficient number of erosion control Best Management Practices (BMPs) are implemented during the construction phase to ensure that potential erosion issues are adequately addressed. BMPs shall include the following, or similar, efforts: fiber rolls, street sweeping, sandbag barriers, straw bale barriers, and storm drain inlet protection. -7- PC2013 -077 3 Prior to final building and zoning inspections, 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 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. 4 All plumbing or other similar pipes and fixtures located on the exterior of Planning and the building shall be shown on plans as fully screened from view of adjacent Buildi ng 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. 5 Unless records indicate previous payment, a fee for street tree purposes planning and shall be paid or cause to be paid to the City of Anaheim based on the Building 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. 6 All air conditioning facilities and other roof and ground - mounted planning and equipment shall be shown on plans as shielded from public view and the Building 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. 7 The property owner /developer shall submit evidence that low emission Planning and paints and coatings are utilized in the design and construction of buildings, Buildi ng 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 architectural coatings and asphalt usage: a. Use non - solvent -based coatings on buildings, wherever appropriate; b. Use solvent -based coatings, where they are necessary. 8 Prior to issuance of each grading permit (for Import/Export Plan) and prior planning and to issuance of demolition permit (for Demolition Plan), the property Building owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an -8- PC2013 -077 -9- PC2013 -077 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. 9 The property owner /developer shall comply with all SCAQMD offset Planning and regulations and implementation of Best Available Control Technology Buildi ng (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, 10 The property owner /developer shall implement, and demonstrate to the planning and City, measures that are being taken to reduce operation - related air quality Building 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. 11 The property owner /developer shall submit a human health risk planning and assessment (HRA) for any proposed sensitive land uses (according to Building 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. 12 Prior to the issuance of a demolition permit, grading permit, or building planning and permit, whichever occurs first, a survey for active raptor nests shall be Buildi ng conducted by a qualified Biologist and submitted to the Planning and 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. 13 Prior to the issuance of a demolition permit, grading permit, or building planning and permit, whichever occurs first, a letter detailing the proposed schedule for Building -9- PC2013 -077 - 10- PC2013 -077 vegetation removal activities shall be submitted to the Planning and Building 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. 14 Prior to issuance of each grading permit, the property owner /developer Planning nd g shall submit a letter identifying the certified archaeologist that has been Public Works hired to ensure that the following actions are implemented: Departments 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 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. 1$ Prior to issuance of each grading permit, the property owner /developer planning and shall submit a letter identifying the certified paleontologist that has been public Works hired to ensure that the following actions are implemented: Departments 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 survey the area. - 10- PC2013 -077 16 The property owner /developer shall submit to the Planning and Building Planning and Department, Building Services Division for review and approval, detailed Building foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 17 Prior to issuance of each foundation permit, the property owner /developer planning and shall submit a report prepared by a geotechnical engineer to the Planning Building and 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. 18 The property owner /developer shall submit plans to the Planning planning and Department, Building Services Division for review and approval showing Buildi ng 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. 19 Prior to issuance of building or grading permits, the property planning and owner /developer shall submit to the Planning and Public Works public Works Departments, geologic and geotechnical investigations in areas of Departments potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 20 Prior to issuance of the first grading or demolition permit, whichever Fire occurs first, in areas of former service stations, in areas known or thought Department to have been previously occupied by USTs, and in areas where tank removal has not 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. 21 Prior to issuance of the first grading or demolition permit, whichever Fire occurs first, the property owner /developer shall submit a plan for review Department and approval by the Fire Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. 22 Prior to issuance of any discretionary permit for a current or former Fire hazardous waste disposal site or solid waste disposal site, the project Department property owner /developer shall submit a Phase I Environmental Site Assessment to the City. If possible hazardous materials are identified during the site assessments, the appropriate response /remedial measures will be 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. 23 Prior to issuance of the first grading or building permit, whichever occurs Public Works first, the property owner /developer shall submit a Master Drainage and Department Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange - 11 - PC2013 -077 - 12- PC2013 -077 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. 24 Prior to issuance of a grading permit for sites that disturb more than one planning and (1) acre of soil, the property owner /developer shall obtain coverage under public Works the NPDES Statewide Industrial Stormwater Permit for General Departments Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. 25 The property owner /developer shall provide written evidence that all storm public Works drain, sewer, and street improvement plans shall be designed and Department constructed to the satisfaction of the City Engineer. 26 A note shall be provided on building plans indicating that during Planning and construction, the property owner /developer shall install and maintain Buildi ng 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 (STC) 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 with an acceptable solid vision product. 27 The property owner /developer shall present plans and calculations to the planning and Planning and Building Department, Building Division to demonstrate that Building 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. 28 Prior to issuance of each building permit if pile driving and blasting is planning and anticipated during construction, a noise and vibration analysis must be Building prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. 29 Prior to the approval of each Final Site Plan and issuance of each building police permit, the property owner /developer shall submit plans to the Police - 12- PC2013 -077 - 13 - PC2013 -077 Department for review and approval for safety, accessibility, crime Department prevention, and security provisions during both the 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). 30 The project design shall include parking lots and parking structures with Police controlled access points to limit ingress and egress if determined to be Department necessary by the Police Department, and shall be subject to the review and approval of the Police Department. 31 Prior to commencement of structural framing on each parcel or lot, on -site Fire fire hydrants shall be installed and charged by the property Department owner /developer as required and approved by the Fire Department. 32 Prior to issuance of each grading permit, the property owner /developer Fire shall submit an emergency fire access plan to the Fire Department for Department review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 33 Prior to issuance of each building permit, to be implemented prior to the Fire final building and zoning inspection, plans shall indicate that all buildings, Department exclusive of parking structures, shall have sprinklers installed by the property owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 34 Plans shall be submitted to ensure that development is in accordance with Fire the City of Anaheim Fire Department Standards, including: Department 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. 35 The property owner /developer shall enter into an agreement recorded Fire against the property with the City of Anaheim to pay or cause to be paid Department their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. - 13 - PC2013 -077 -14- PC2013 -077 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 equipment /facilities 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. 36 The property owner /developer shall submit a Construction Fire Protection Fire Plan to the Fire Department for review and approval detailing accessibility Department of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. 37 Plans shall be reviewed and approved by the Fire Department as being in Fire conformance with the Uniform Fire Code. Department 38 The property owner /developer shall provide written evidence to the Fire satisfaction of the Fire Department that all lockable pedestrian and /or Department vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 39 Prior to approval of on -site water plans, unless each commercial building Fire is initially connected to separate fire services, an unsubordinated covenant Department 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. 40 Prior to approval of water improvement plans, the water supply system Fire shall be designed by the property owner /developer to provide sufficient Department fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. 41 The property owner /developer shall provide proof of compliance with planning and Government Code Section 53080 (Schools). Building -14- PC2013 -077 42 The property owner /developer shall comply with the Anaheim Municipal planning and Code, Section 17.08.385, Public Library Facilities Services Areas — Building Payment of Fees Required. 43 The property owner /developer shall pay the appropriate Transportation public Works Impact and Improvement Fees to the City of Anaheim in amounts Department 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. 44 The property owner /developer shall irrevocably offer for dedication (with Public Works subordination of easements), including necessary construction easements, Department the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. 45 Prior to the issuance of grading permits, the property owner /developer public Works shall provide to the City of Anaheim Public Works Department a plan to Department coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. 46 Prior to the recordation of a subdivision map or issuance of the first planning and building permit, whichever occurs first, in the event that a parcel is Building subdivided and there is a need for common on -site circulation and /or parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for 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. 47 The location of any proposed gates across a driveway shall be subject to Public Works the review and approval of the City Engineer. Gates shall not be installed Department 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. 48 Plans shall show that all driveways shall be constructed with a minimum Public Works fifteen (15) foot radius curb returns as required by the City Engineer, Department unless otherwise approved by the City Engineer. 49 Prior to the issuance of building permits or final map approval, whichever Public Works occurs first, security in the form of a bond, certificate of deposit, letter of Department credit, completion guarantee, or cash, in an amount and form satisfactory to 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 - 15 - PC2013 -077 - 16 - PC2013 -077 occur prior to final building and zoning inspections. 50 Based upon the improvement phasing analysis in the project traffic study, public Works the property owner /developer shall implement traffic improvements as Department identified in the project traffic study to maintain satisfactory levels of service as defined 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. 51 Prior to approval of a Final Site Plan for any project forecast to generate public Works 100 or more peak hour trips as determined by the City Traffic and Department Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in 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. 52 Prior to approval of a Final Site Plan for any project forecast to generate public Works 100 or more peak hour trips, as determined by the City Traffic and Department Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses, 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 - 16 - PC2013 -077 - 17- PC2013 -077 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. 53 The property owner /developer shall pay the identified fair -share Public Works responsibility as determined by the City as set forth in MM 5.14 -15. The Department City shall allocate the property owner /developer's fair -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. 54 The property owner /developer shall meet with the Traffic and Public Works Transportation Manager to determine whether a bus stop(s) is required to Department 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). 55 Prior to issuance of each building permit (to be implemented prior to final Public building and zoning inspections, and continuing on an on -going basis Utilities during project operation), the property owner/ developer shall submit to Department the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: 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. 56 All water supply planning for the project will be closely coordinated with, Public and be subject to the review and final approval of, the Public Utilities Utilities, Fire Department, Water Engineering Division and Fire Department. Departments - 17- PC2013 -077 57 Water pressure greater than 80 pounds per square inch (psi) shall be Public reduced to 80 psi or less by means of pressure reducing valves installed at Utilities, Fire the property owner /developer's service. Departments 58 The property owner /developer shall submit a landscape and irrigation plan Planning and which shall be prepared and certified by a licensed landscape architect. Building 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. 59 Plans shall specifically show that the water meter and backflow equipment Public and any other large water system equipment will be installed to the Utilities satisfaction of the Public Utilities Department, Water Engineering Department 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 of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 60 Unless records indicate previous payment, the appropriate fees for Primary Public Mains, Secondary Mains and Fire Protection Service shall be paid to the Utilities Public Utilities Department, Water Engineering Division in accordance Department with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 61 Prior to approval of a final subdivision map or issuance of a grading or public Works building permit, whichever occurs first, The property owner /developer Department shall participate in the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future 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) 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 -18 - PC2013 -077 - 19 - PC2013 -077 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. c. 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). 62 The property owner /develop shall consult with the City of Anaheim Public Public Utilities Department, Business and Community Programs Division, in Utilities order to review energy efficient measures to incorporate into the project Department 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 - 19 - PC2013 -077 -20- PC2013 -077 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 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. 63 The property owner /developer shall submit plans and calculations to the planning and City of Anaheim Planning and Building Department, to demonstrate that Building 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. 64 The property owner /developer shall coordinate with the Public Utilities Public Department to incorporate feasible renewable energy generation measures Utilities into the project. These measures may include but not be limited to use of Department solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. 65 The property owner /developer shall participate in the City's Master Plan Public Works of Storm Drains and related Infrastructure Improvement (Fee) Program to Department assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development /redevelopment does not increase or redirect current or historic storm water quantities /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 -20- PC2013 -077 -21- PC2013 -077 satisfaction of the City Engineer and City Attorney's office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner /developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building /structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner /developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. 66 Building plans shall indicate that new developments will minimize Planning and stormwater and urban runoff into drainage facilities by incorporating Building design features such as detention basins, on -site water features, and other strategies. 6� Prior to issuance of each building permit; to be implemented prior to final Public Works building and zoning Inspection, The property owner /developer shall Department submit project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, 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. -21- PC2013 -077 -22- PC2013 -077 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. 68 Plans shall show that trash storage areas shall be provided and maintained public Works in a location acceptable to the City of Anaheim Department of Public Department 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. 69 The Property Owner /Developer shall demonstrate that the plans include Public Works provisions for the installation of trash and recycle receptacles near all Department benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. 70 The Property Owner /Developer shall submit to the Planning Director or Planning and Planning Services Manager for approval a Construction Waste Building 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. 71 All requests for new water services or fire lines, as well as any Public modifications, relocations, or abandonment of existing water services and Utilities - fire lines, shall be coordinated through Water Engineering Division of the Water Anaheim Public Utilities Department. Engineering 72 All existing water services and fire services shall conform to current Water Public Services Standards Specifications. Any water service and/or fire line that Utilities - does meet current standards shall be upgraded if continued use is Water necessary or abandoned if the existing service is no longer needed. The Engineering owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 73 All development impact fees shall be paid by the developer as required. Public Works - Development Services 74 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 relocation on Manchester Avenue of curb and Services gutter, sidewalk and landscape, street lights, storm drain facilities, water facilities and other improvements as required for the development of proposed Parcel 1. 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. -22- PC2013 -077 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 75 Private streets within the Anaheim Resort Specific Plan area shall have Public street lights installed which are compatible with the design standards used Utilities for the public streets as determined by the Public Utilities Department. Department 76 The property owner /developer shall submit to the Planning and Building Planning and Department a letter from a licensed landscape architect certifying that all Building landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 77 The property owner /developer shall submit an earthquake emergency Fire response plan for review and approval by the Fire Department. The plan Department 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. 78 Prior to the removal of USTs, the property owner /developer shall obtain a Fire permit from the Environmental Protection Section of the Fire Department 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. 79 The property owner /developer shall submit a letter from a licensed Planning and landscape architect to the City certifying that the landscape installation and Building irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 80 The property owner /developer shall install piping on -site with project Public water mains so that reclaimed water may be used for landscape irrigation, Utilities if and when it becomes available. Department 81 The property owner /developer shall place emergency telephone service Fire numbers in prominent locations as approved by the Fire Department. Department 82 Prior to the placement of building materials on a building site, An all- Fire weather road shall be provided from the roadway system to and on the Department construction 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. 83 The property owner shall join and financially participate in a clean fuel Public Works shuttle program such as the Anaheim Resort Transit system, and shall Department 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 -23 - PC2013 -077 -24- PC2013 -077 approved by the City Attorney's Office prior to recordation. 84 The property owner shall record a covenant on the property requiring that Public Works on ongoing during project implementation, the property owner/developer er g g g p � p p p y p Department shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. 85 The property owner /developer shall provide to the City of Anaheim Public Public Works Works Department for review and approval a menu of TDM program Department 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. 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. -24- PC2013 -077 -25- PC2013 -077 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "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. 86 Every property owner and /or lessee shall designate an on -site contact that Public Works will be responsible for coordinating with the ATN and implementing all Department trip mitigation measures. 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. 87 A separate water meter shall be installed for landscape water on all Planning and projects where the landscape area exceeds 2,500 square feet in accordance Building with Ordinance No. 6160. -25- PC2013 -077 88 The property owner /developer shall install an underground electrical Public service from the Public Utilities Distribution System. The Underground Utilities Service will be installed in accordance with the Electric Rules, Rates, Department 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. 89 All required public improvements shall be constructed prior to final Public Works - building and zoning inspections and are subject to review and approval by Construction the Construction Services inspector. Services 90 The owner shall remove and relocate any utilities, including poles and Public Works - equipment, in the ultimate the right -of -way along Manchester Avenue, if Development necessary as part of the road widening, at the owner's expense. Services GENERAL / ONGOING DURING PROJECT CONSTRUCTION 91 All on -site non - Public Realm landscaping and irrigation systems, and Planning and Public Realm landscaping and irrigation systems, within area in which Building dedication has not been accepted by the City, shall be maintained by the property owner /developer, in compliance with City standards. 92 Any tree planted within the Setback Realm shall be replaced in a timely Planning and manner in the event that it is removed, damaged, diseased and /or dead. Building 93 A licensed arborist shall be hired by the property owner /developer to be Planning and responsible for all tree trimming. Building 94 The property owner /developer shall implement measures to reduce Planning and emissions to the extent practical, schedule goods movements for off -peak Building traffic hours, and use clean fuel for vehicles and other equipment, as practicable. 95 The property owner /developer shall implement measures to reduce planning and construction- related air quality impacts. These measures shall include, but Building 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 -26- PC2013 -077 -27- PC2013 -077 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 carry dirt on tires onto public streets, including treating onsite roads and staging areas. 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. The property owner /developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. 96 Ongoing during remediation all remediation activities of surface or Fire subsurface contamination not related to USTs, conducted on behalf of the Department property owner /developer, shall be overseen by the Orange County Health Care Agency (OCHCA). Information on subsurface contamination from USTs shall be provided to the Public Utilities Department, Environmental Services Division. 97 In the event that hazardous waste, including asbestos, is discovered during Fire site preparation or construction, the property owner /developer shall ensure Department that the identified hazardous waste and /or hazardous material are handled -27- PC2013 -077 -28- PC2013 -077 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. 98 The property owner /developer shall provide for the following: cleaning of Planning and all paved areas not maintained by the City of Anaheim on a monthly basis, Building 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. 99 The property owner /developer shall ensure that all internal combustion Planning and engines on construction equipment and trucks are fitted with properly Building maintained mufflers. 100 Pressure washing operations for purposes of building repair and Planning and maintenance due to graffiti or other aesthetical considerations shall be Building limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. 101 Sweeping operations in the parking facilities and private on -site roadways Planning and shall be performed utilizing sweeping /scrubbing equipment which operate Building at a level measured not greater than 60 dBA at the nearest adjacent property line. 102 The property owner /developer shall pay for all reasonable costs associated Planning and with noise monitoring which shall include monitoring conducted by a Building 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 p.m. and 7:00 a.m. 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. 103 The property owner /developer shall provide private security on the Police premises to maintain adequate security for the entire project subject to Department review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 104 If the Anaheim Police Department or the Anaheim Traffic Management Police Department 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. -28- PC2013 -077 105 The City shall continue to collaborate with the Metropolitan Water District Public of Southern California (MWD), its member agencies, and the Orange Utilities County Water District (OCWD) to ensure that available water supplies Department 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. 106 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. 107 The following practices shall be implemented, as feasible, by the property Public Works 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. 108 Granting of the variance shall be contingent upon operation of this hotel Planning complex in conformance with the assumptions and/or conclusions relating to the operation and intensity of this use as described in the traffic and parking study dated July 22, 2013 prepared by Traffic Safety Engineers. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the study, may subject this permit to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. 109 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. 110 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. -29- PC2013 -077 III 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. 112 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. 113 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. 114 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. -30- PC2013 -077