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Resolution-PC 2013-093RESOLUTION NO. PC2013 -093 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN ADDENDUM TO THE PREVIOUSLY - CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340 FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN AND DETERMINING THAT SAID ENVIRONMENTAL DOCUMENTATION SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED CONDITIONAL USE PERMIT NO. 2013 -05693 AND FINAL SITE PLAN NO. 2013 - 00007; AND APPROVING CONDITIONAL USE PERMIT NO. 2013 -05693 AND FINAL SITE PLAN NO. 2013 - 00007; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00093) (333 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013- 05693 and Final Site Plan No. 2013 -00007 to construct an approximately 1,363 -space employee parking lot with an option to develop up to 250,000 square feet of "back of house uses" as defined in Subsection 18.114.030.0201 of the Anaheim Municipal Code (herein referred to as the "Proposed Project ") for certain real property located at 333 West Ball Road 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 10.68 acres, is currently developed with a 293 -space recreational park with accessory structures and a 1,125- square foot automobile repair business. 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 December 16, 2013 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2013 -05693 and Final Site Plan No. 2013 -00007 to investigate and make findings and recommendations in connection therewith; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long -range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future -1- PC2013 -093 development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor - serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified Master Environmental Impact Report ( "MEIR No. 313 "); and WHEREAS, by Resolution No. 2012 -158, the City Council certified Final Supplemental Environmental Impact Report No. 2008 -00340 ( "Final EIR No. 340 ") for (a) Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010- 00060), (b) an amendment to the Anaheim General Plan (General Plan Amendment No. 2010 - 00482), (c) Zoning Code Amendment No. 2010 - 00093, (d) Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010- 00484), (e) Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010 - 00478), (f) Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010- 00479), and (g) a Water Supply Assessment (Miscellaneous Case No. 2010 - 00421), which entitlements permitted the maximum build -out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space; and WHEREAS, in connection with the project proposed under Conditional Use Permit No. 2013 -05693 and Final Site Plan No. 2013 - 00007, an Addendum to Final EIR No. 340, dated December 2013 (herein referred to as the "Addendum "), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared in order to determine whether any significant environmental impacts which were not identified in Final EIR No. 340 would result or whether previously identified significant impacts would be substantially more severe; and WHEREAS, in connection with the project proposed under Conditional Use Permit No. 2013 -05693 and Final Site Plan No. 2013 -00007 (herein the "Proposed Project ") and the Planning Commission's review of the Addendum, the Planning Commission has independently reviewed the Addendum and Final EIR No. 340 and has exercised its independent judgment in making the findings and determinations set forth herein; and NOW, THEREFORE, BE IT RESOLVED that, 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 of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum to Final EIR No. 340, Final EIR No. 340, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically; 2 PC2013 -093 (a) There have not been any substantial changes in the Anaheim Resort Specific Plan or in any of the entitlements that were analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete and adopted, that shows any of the following: (i) the Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (ii) significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (iii) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that Final EIR No. 340, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 106C ( "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 BE IT FURTHER RESOLVED that 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: 3 PC2013 -093 I . The proposed conditional use permit request to construct an approximately 1,363 - space employee parking lot or up to 250,000 square feet of "back of house" uses in lieu of the parking lot in the Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) is properly one for which a conditional use permit is authorized under subsection .030 of Section 18.116.070 (Uses or Activities Not Listed)) of the Code; and 2. The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the Proposed Project is consistent and compatible with existing resort and tourism related uses in the zone; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project is designed to ensure its compatibility with surrounding land use; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. BE IT FURTHER RESOLVED that the Planning Commission does further find and determine that the request for a Final Site Plan should be approved for the following reasons: 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, 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 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 and landscaping, 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. 4 PC2013 -093 BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05693 and Final Site Plan No. 2013 -00007 , contingent upon and subject to the conditions of approval and the MMP, which are described in Exhibit B and Exhibit C , respectively, and attached hereto and incorporated herein by this reference. Said conditions and mitigation measures 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 16, 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. vw6cu ea m , vie CHAIR, ANAHEIM CITY PL TNING COMMISSION ATTEST: SENIOR SkECRETARY, ANAHEIM CITY PLANNING COMMISSION 5 PC2013 -093 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 December 16, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of December, 2013. 1 SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 6 PC2013 -093 EXHIBIT "A" DEV NO. 2013 -00093 AP N : 251- 042 -10 251 - 042 -08 251 - 042 -09 251 - 061 -16 251 - 042 -11 n 3 0 c, "�k n 1 4V cofjoN AN W � rn � 0 o G7 = Q H 1,013' W BALL RD W BERRY AVE Q © o s�o ioo Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +/- two to five feet. 7 PC2013 -093 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05693 FINAL SITE PLAN NO. 2013-00007 (DEV2013- 00093) -8- PC2013 -093 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO FINAL SITE PLAN APPROVAL 1 Prior to Final Site Plan approval, the location and configuration of all Planning lighting fixtures including ground- mounted lighting fixtures utilized to Department, accent buildings, landscape elements, or to illuminate pedestrian areas shall Planning be shown on all Final Site Plans. All proposed surface parking area lighting Division fixtures shall be down - lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. 2 Prior to Final Site Plan approval, plans shall show that the rear elevations of Planning buildings visible from off -site areas shall be architecturally accented to Department, portray a finished look. Planning Division 3 Prior to the approval of each Final Site Plan and issuance of each building Planning permit, the property owner /developer shall submit plans to the Police Department, Department for review and approval for safety, accessibility, crime Planning prevention, and security provisions during both the construction and Services operative phases for the purpose of incorporating safety measures in the Division; project design including the concept of crime prevention through Police environmental design (e.g., building design, circulation, site planning, and Department lighting of parking structures and parking areas). 4 Prior to the approval of each Final Site Plan and prior to the issuance of Planning each building permit, plans shall be reviewed and approved by the Fire Department, Department as being in conformance with the Uniform Fire Code. Planning Division; Fire Department 5 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 Traffic Generation Rates, the property owner /developer shall prepare traffic Engineering; improvement phasing analyses to identify when the improvements Planning identified in this traffic analysis shall be designed and constructed. Department, Building Services Division 6 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 Traffic Generation Rates, in conjunction with the preparation of any traffic Engineering; improvement phasing analyses as required in MM 5.14 -1, property Planning -8- PC2013 -093 -9- PC2013 -093 owners /developers will determine when the intersection improvements shall Department, be constructed, subject to the conditions identified in MM 5.14 -1. Building Services Division 7 Prior to the approval of a Final Site Plan, the property owner /developer Public Works shall meet with the Traffic and Transportation Manager to determine Department, whether a bus stop(s) is required to be placed adjacent to the property. If a Traffic bus stop(s) is required, it shall be placed in a location that least impacts Engineering; traffic flow and may be designed as a bus turnout or a far side bus stop as Planning required by the Traffic and Transportation Manager and per the approval of Department, the Orange County Transportation Authority (OCTA). Building Services Division 8 Prior to approval of the Final Site Plan and building permits, plans shall Public specifically show that the water meter and backflow equipment and any Utilities other large water system equipment will be installed to the satisfaction of Department, the Public Utilities Department, Water Engineering Division, aboveground Water and behind the building setback line in a manner fully screened from all Engineering public streets and alleys and in accordance with Ordinance No. 4156. Prior Division 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. 9 Prior to approval of a final subdivision map or issuance of a grading or Public building permit, whichever occurs first, the property owner /developer shall Utilities participate in the City's Master Plan of Sewers and related Infrastructure Department, Improvement (Fee) Program to assist in mitigating existing and future Water sanitary sewer system deficiencies as follows: Engineering The property owner /developer shall submit a report for review and approval Division of the City Engineer to assist in determining the following: a. If the development /redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) does not increase flows or change points of discharge, then the property owner's /developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the development /redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) increases flows or changes points of discharge, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney 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 -9- PC2013 -093 - 10 - PC2013 -093 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). 10 Prior to approval of a Final Site Plan, the property owner /developer shall Public coordinate with the Public Utilities Department to incorporate feasible Utilities renewable energy generation measures into the project. These measures Department 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. 11 Subsequent to the certification of Final EIR No. 340, and prior to the Public Works approval of the first Final Site Plan, if the costs of the identified Department, improvements in the Traffic Study Report for Amendment No. 14 to the Transit Anaheim Resort Specific Plan cannot be covered by the total funding Planning; allocation under the existing City fee programs and funding sources, an Planning update of the existing City traffic fee program or other fee programs shall Department, be developed by the City of Anaheim to ensure completion of the Building recommended improvements. Services Division 12 Prior to approval of each tentative tract or parcel map, the following Street Public Works Design Elements shall be shown on each tentative tract or parcel map: Department, a. Street cross - sections, including dimensions, labels, circulation Engineering designation (i.e., Resort Secondary) and whether public or private. Services b. Street grades and vertical alignment. G. Horizontal alignment, including radii, and cul -de -sac radii. 13 In the event that the back of house uses approved in conjunction with this Planning conditional use permit are developed in lieu of the employee parking lot, a Department, Final Site Plan shall be reviewed and appvoed by the Planning Commission Planning prior to the issuance of any grading or building permits assocuiated with Services such uses. Division PRIOR TO ISSUANCE OF GRADING PERMITS 14 Prior to issuance of each grading permit (for Import/Export Plan) and prior Public Works to issuance of demolition permit (for Demolition Plan), the property Department, owner /developer shall submit Demolition and Import/Export plans. The Engineering plans shall include identification of offsite locations for materials export Services - 10 - PC2013 -093 - 11 - PC2013 -093 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 environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. 15 That prior to issuance of a grading permit, the water quality management Public Works plan shall address the following items: Department, • The WQMP shall include additional information such as soils Engineering analysis, prior contamination, depth to groundwater, etc. to Services determine the acceptability and capability of this site to use infiltration. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • 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 areas. • 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. 16 Prior to the issuance of a demolition permit, grading permit, or building Planning permit, whichever occurs first, a survey for active raptor nests shall be Department, conducted by a qualified Biologist and submitted to the Planning Building Department 30 days prior to commencement of any demolition or Services construction activities during the raptor nesting season (February 1 to June Division 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. 17 Prior to the issuance of a demolition permit, grading permit, or building Planning permit, whichever occurs first, a letter detailing the proposed schedule for Department, vegetation removal activities shall be submitted to the Planning Building Department, verifying that removal shall take place between August 1 and Services February 28 to avoid the bird nesting season. This would ensure that no Division 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. - 11 - PC2013 -093 18 Prior to issuance of each grading permit, the property owner /developer Public Works, shall submit a letter identifying the certified archaeologist that has been Engineering hired to ensure that the following actions are implemented: Services; a. The archaeologist must be present at the pre - grading conference in Planning order to establish procedures for temporarily halting or redirecting Department, work to permit the sampling, identification, and evaluation of artifacts Planning if potentially significant artifacts are uncovered. If artifacts are Division 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. 19 e. Prior to issuance of a grading permit, the developer shall submit to the Public Works, Public Works Department, Development Services Division street Engineering improvement plans for the removal or reconstruction of driveways, Services construction of curb and gutter, sidewalk with scoring per Engineering Standard Details 110 and 116, landscape, irrigation, street lights and other improvements as required. 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. Tree wells shall be constructed with the irrigation connected to the Anaheim Resort irrigation system if available or to the on -site irrigation system. 20 Prior to issuance of each grading permit, the property owner /developer Public Works, shall submit a letter identifying the certified paleontologist that has been Engineering hired to ensure that the following actions are implemented: Services; a. The paleontologist must be present at the pre - grading conference in Planning order to establish procedures to temporarily halt or redirect work to Department, permit the sampling, identification, and evaluation of fossils if Planning potentially significant paleontological resources are uncovered. If Division 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 -12- PC2013 -093 - 13 - PC2013 -093 during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 21 Prior to issuance of building or grading permits, the property Planning owner /developer shall submit to the Planning Department, Building Department, Services Division geologic and geotechnical investigations in areas of Building potential seismic or geologic hazards and provide a note on plans that all Services grading operations will be conducted in conformance with the Division recommendations contained in the applicable geotechnical investigation. 22 Prior to issuance of the first grading or demolition permit, whichever OC Health occurs first, in areas of former service stations, in areas known or thought Care Agency; to have been previously occupied by USTs, and in areas where tank Environmental removal has not been verified prior to excavation or grading the property Protection owner /developer shall retain the services of a qualified environmental Section of the professional to conduct an investigation for known, or the presence of, Fire cryptic tanks, using geophysical methods. Department 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. 23 Prior to the removal of USTs the property owner /developer shall obtain a OC Health permit from the Environmental Protection Section of the Fire Department Care Agency; for the removal of such tanks. During the removal of USTs, a Environmental representative from the Environmental Protection Section of the Fire Protection Department shall be onsite to direct soil sampling. Section of the Fire Department 24 Prior to issuance of the first grading demolition permit, whichever occurs OC Health first the property owner /developer shall submit a plan for review and Care Agency; approval of the Fire Department which details procedures that will be taken Environmental if previously unknown USTs, or other unknown hazardous material or Protection waste, is discovered onsite. Section of the Fire Department 25 Prior to issuance of the first grading or demolition permit, whichever OC Health occurs first for future developments within the Anaheim Resort Specific Care Agency; Plan area affecting any property on a published list of leaking underground Environmental storage tanks (LUST) that has not been officially closed or resolved, a Protection qualified environmental professional, retained by the property Section of the owner /developer, shall attempt to contact the current and /or known former Fire property/business owners to obtain information regarding the status of Department USTs and /or tank closures at these sites. If warranted, subsurface investigation and sampling shall be undertaken by a qualified environmental professional, and results of these analyses shall be submitted to the Fire Department for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. - 13 - PC2013 -093 26 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 Development Works Department, Development Services Division and Orange County Services Environmental Management Agency. The Master Plan shall include, but Division; not be limited to, the following items: Orange a. Backbone storm drain layout and pipe size, including supporting County hydrology and hydraulic calculations for storms up to and including the Environmental 100 -year storm; and, Management Agency b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. 27 Prior to issuance of a grading permit for sites that disturb more than one (1) Planning acre of soil, the property owner /developer shall obtain coverage under the Department, NPDES Statewide Industrial Stormwater Permit for General Construction Building Activities from the State Water Resources Control Board. Evidence of Services attainment shall be submitted to the Planning Department, Building Division Services Division. 28 Prior to the issuance of the first building permit or grading permit, Public Utilities whichever occurs first, the property owner /developer shall comply with Department, Rule 15E of the Public Utilities Department Water Rates, Rules, and Water Regulations. Rule 15E shall be amended to include: Engineering a. Construction of a new well with a minimum 1,500 GPM capacity to Division serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and b. Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. 29 Prior to issuance of each grading and building permit, the Property Planning Owner /Developer shall submit to the Planning Director or Planning Department, Services Manager for approval a Construction Waste Management Plan Planning that, at a minimum, specifies that at least 75 percent of non - hazardous Services construction and demolition debris shall be recycled or salvaged and Division identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. 30 Prior to issuance of each grading permit, the property owner /developer Planning 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 Planning Fire Department service requirements. Division; Fire Department 31 Prior to the issuance of grading permits, the property owner /developer shall Public Works provide to the City of Anaheim Public Works Department a plan to Department, coordinate rideshare services for construction employees with the Anaheim Traffic Transportation Network (ATN) for review and a approval and shall Engineering implement ATN recommendations to the extent feasible. 32 Prior to approval of a final subdivision map, or issuance of a grading or Public Utilities building permit, whichever occurs first, the property owner /developer shall Department, participate in the City's Master Plan of Storm Drains and related Water Infrastructure Improvement (Fee) Program to assist in mitigating existing Engineering Division -14- PC2013 -093 - 15 - PC2013 -093 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 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. 33 The existing 8 -inch water main along the western boundary of APN: Public Utilities 251- 061 -16 (in abandoned Palm Street) shall be relocated into the Department, Harbor Blvd Right -of -Way at the expense of the developer. Water Engineering Division 34 Prior to the approval of a water improvement plan, the owner shall Public Utilities irrevocably offer to dedicate to the City of Anaheim easements for all Department, large domestic above - ground water meters, including a five (5) -foot Water wide easement around the water meter pads and a twenty (20) foot wide Engineering easement for the service laterals all to the satisfaction of the Water Division 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 - 15 - PC2013 -093 - 16 - PC2013 -093 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 and included and recorded in the Master CC & Rs for the proj ect. 35 Prior to the approval of a water improvement plan, plans shall be Public Utilities submitted to the Water Engineering Division for approval and a Department, performance bond in the amount approved by the City Engineer and Water form approved by City Attorney shall be posted with the City of Engineering Anaheim. Division 36 Prior to the approval of a water improvement plan, the developer /owner Public Utilities shall submit a water system master plan, including a hydraulic Department, distribution network analysis, for Public Utilities Water Engineering Water review and approval. The master plan shall demonstrate the adequacy Engineering of the proposed on -site water system to meet the project's water Division demands and fire protection requirements. 37 Prior to applying for the first water meter or fire service, or first Public Utilities submittal of the water improvement plans, the developer /owner shall Department, submit to the Public Utilities Department Water Engineering Division Water an estimate of the maximum fire flow rate and maximum day and peak Engineering hour water demands for the project. This information will be used to Division 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. PRIOR TO ISSUANCE OF BUILDING PERMITS 38 Prior to issuance of building permits, all plumbing or other similar pipes Planning and fixtures located on the exterior of the building shall be shown on plans Department, as fully screened from view of adjacent public rights -of -way and from Planning adjacent properties by architectural devices and /or appropriate building Division 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. 39 Prior to issuance of each building permits, unless records indicate previous Planning payment, a fee for street tree purposes shall be paid or cause to be paid to Department, the City of Anaheim based on the length of street frontage in an amount as Planning established by City Council resolution or credit against the fee given for Division City authorized improvements installed by the property owner /developer. 40 Prior to issuance of each building permit, all air conditioning facilities and Planning other roof and groundmounted equipment shall be shown on plans as Department, shielded from public view and the sound buffered to comply with City of Planning Anaheim noise ordinances from any adjacent residential or transient- Division 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. - 16 - PC2013 -093 41 Prior to the issuance of each building permit, the property owner /developer Planning shall submit evidence that low emission paints and coatings are utilized in Department, the design and construction of buildings, in compliance with SCAQMD Building regulations. The information shall be denoted on the project plans and Division 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 nonsolvent -based coatings on buildings, wherever appropriate; b. Use solvent based coatings, where they are necessary 42 Prior to the issuance of each building permit, the property owner /developer Public Utilities shall implement, and demonstrate to the City, measures that are being taken Department to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: 1. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 2. Incorporate efficient heating and other appliances. 3. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. 4. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. 5. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center 6. 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. 43 Prior to issuance of each building permit, the property owner /developer Planning shall submit to the Planning Department, Building Services Division for Department, review and approval, detailed foundation design information for the subject Building building(s), prepared by a civil engineer, based on recommendations by a Services geotechnical engineer. Division 44 Prior to issuance of each foundation permit, the property owner /developer Planning shall submit a report prepared by a geotechnical engineer to the Planning Department, Department, Building Services Division for review and approval, which Building shall investigate the subject foundation excavations to determine if soft Services layers are present immediately beneath the footing site and to ensure that Division compressibility does not underlie the footing. 45 Prior to issuance of each building permit, the property owner /developer Planning shall submit plans to the Planning Department, Building Services Division Department, for review and approval showing that the proposed structure has been Building - 17 - PC2013 -093 - 18 - PC2013 -093 analyzed for earthquake loading and designed according to the most recent Services seismic standards in the California Building Code adopted by the City of Division Anaheim. 46 Prior to issuance of building permits, the property owner /developer shall Planning provide written evidence that all storm drain, sewer, and street Department, improvement plans shall be designed and constructed to the satisfaction of Building the City Engineer. Services Division 47 Prior to issuance of each building permit, a note shall be provided on Planning building plans indicating that during construction, the property Department, owner /developer shall install and maintain specially designed construction Building barriers at the project perimeter areas. The construction sound barriers shall Services be a minimum height of 8 feet with a minimum surface weight of 1.25 Division 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. 48 Prior to issuance of each building permit, a note shall be provided on plans Planning indicating that there shall be no operation of large bulldozers or vibratory Department, rollers within 25 feet of any existing home. Planning Services Division 49 Prior to issuance of each building permit, the project design shall include Planning parking lots and parking structures with controlled access points to limit Department, ingress and egress if determined to be necessary by the Police Department, Planning and shall be subject to the review and approval of the Police Department. Division; Police Department 50 Prior to commencement of structural framing on each parcel or lot, onsite Planning fire hydrants shall be installed and charged by the property Department, owner /developer as required and approved by the Fire Department. Planning Division; Fire Department 51 Prior to issuance of each building permit; to be implemented prior to the Planning final building and zoning inspection, plans shall indicate that all buildings, Department, exclusive of parking structures, shall have sprinklers installed by the Planning property owner /developer in accordance with the Anaheim Municipal Division; Fire Code. Said sprinklers shall be installed prior to each final building and Department zoning inspection. 52 Prior to issuance of each building permit, plans shall be submitted to ensure Planning that development is in accordance with the City of Anaheim Fire Department, Department Standards, including: Planning a. Overhead clearance shall not be less than 14 feet for the full width of Division; Fire access roads. Department b. Bridges and underground structures to be used for Fire Department - 18 - PC2013 -093 - 19 - PC2013 -093 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. 53 Prior to issuance of the first building permit, the property owner /developer Planning shall enter into an agreement recorded against the property with the City of Department, Anaheim to pay or cause to be paid their fair share of the funding to Planning accommodate the following, which will serve the Anaheim Resort Specific Division; Fire Plan area: Department 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 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.) 54 Prior to issuance of each building permit, the property owner /developer Planning shall submit a Construction Fire Protection Plan to the Fire Department for Department, review and approval detailing accessibility of emergency fire equipment, Planning fire hydrant location, and any other construction features required by the Division; Fire Fire Marshal. The property owner /developer shall be responsible for Department securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. - 19 - PC2013 -093 55 Prior to the placement of building materials on a building site, an all- Planning 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 Planning Department. Such routes shall be paved or, subject to the approval of the Division; Fire Fire Department, shall otherwise provide adequate emergency access. Department 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. 56 Prior to approval of building plans, the property owner /developer shall Planning provide written evidence to the satisfaction of the Fire Department that all Department, lockable pedestrian and /or vehicular access gates shall be equipped with Planning "knox box" devices as required and approved by the Fire Department. Division; Fire Department 57 Prior to approval of on -site water plans, unless each commercial building is Planning initially connected to separate fire services, an unsubordinated covenant Department, satisfactory to the City Attorney's Office shall be recorded prohibiting any Planning individual sale of buildings until separate fire services are installed in the Division; Fire building(s) subject to the sale. Department 58 Prior to approval of water improvement plans, the water supply system Planning shall be designed by the property owner /developer to provide sufficient fire Department, flow pressure and storage for the proposed land use and fire protection Planning services in accordance with Fire Department requirements. Division; Fire Department 59 Prior to issuance of the first building permit for each building, the property Public Works owner /developer shall pay the appropriate Traffic Signal Assessment Fees Department, and Transportation Impact and Improvement Fees to the City of Anaheim Traffic in amounts determined by the City Council Resolution in effect at the time Engineering; of issuance of the building permit with credit given for City- authorized Planning improvements provided by the property owner /developer. The property Department, owner shall also participate in all applicable reimbursement or benefit Building districts, which have been established. Services Division 60 Prior to the issuance of the first building permit, the location of any Public Works proposed gates across a driveway shall be subject to the review and Department, approval of the City Engineer. Gates shall not be installed across any Traffic driveway or private street in a manner which may adversely affect Engineering; vehicular traffic on the adjacent public streets. Installation of any gates Planning shall conform to the current version of Engineering Standard Detail No. Department, 475. Building Services Division 61 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 Traffic the City Engineer shall be posted with the City to guarantee the satisfactory Engineering; completion of all engineering requirements of the City of Anaheim, Planning including preparation of improvement plans and installation of all Department, improvements, such as curbs and gutters, sidewalks, water facilities, street Building grading and pavement, sewer and drainage facilities and other appurtenant Services -20- PC2013 -093 -21- PC2013 -093 work, as required by the City Engineer and in accordance with the Division 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. 62 Prior to issuance of each building permit (to be implemented prior to final Public Utilities building and zoning inspections, and continuing on an on -going basis Department; during project operation), the property owner/ developer shall submit to the Planning Public Utilities Department plans for review and approval which shall Department, ensure that water conservation measures are incorporated. The water Building conservation measures to be shown on the plans and implemented by the Services property owner /developer, to the extent applicable include, but are not Division 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. 63 Prior to issuance of each building permit, all water supply planning for the Public Utilities project will be closely coordinated with, and be subject to the review and Department, final approval of, the Utilities Department, Water Engineering Division and Water Fire Department. Engineering Division and Fire Department 64 Prior to issuance of each building permit, water pressure greater than 80 Public Utilities pounds per square inch (psi) shall be reduced to 80 psi or less by means of Department, pressure reducing valves installed at the property owner /developer's Water service. Engineering Division 65 Individual water service and /or fire line connections will be required for Public Utilities each parcel or residential, commercial, industrial unit per Rule 18 of the Department, City of Anaheim's Water Rates, Rules and Regulations. Water Engineering Division 66 Prior to the issuance of each building permit, the property owner /developer Planning -21- PC2013 -093 -22- PC2013 -093 shall submit a landscape and irrigation plan which shall be prepared and 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. Department, Planning Services Division; Public Utilities Department, Water Engineering Division 67 Prior to issuance of each building permit, unless records indicate previous Public Utilities payment, the appropriate fees for Primary Mains, Secondary Mains and Department, Fire Protection Service shall be paid to the Public Utilities Department, Water Water Engineering Division in accordance with Rule 15A, and Rule 20 of Engineering the Public Utilities Department Water Rates, Rules and Regulations. Division 68 Prior to issuance of each building permit, the property owner /develop shall Public Utilities consult with the City of Anaheim Public Utilities Department, Business and Department, Community Programs Division in order to review energy efficient Business measures to incorporate into the project design. Prior to the final building Community and zoning inspection, the property owner developer shall implement these Program energy efficient measures which may include the following: Division 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. -22- PC2013 -093 69 Prior to issuance of each building permit, the property owner /developer Planning shall submit plans and calculations to the City of Anaheim Planning Department, Department, Building Division, to demonstrate that the energy efficiency of Building each building will exceed the Title 24 Energy Efficiency Standards for Services Residential and Nonresidential Buildings current at the time of application Division by at least 10 percent. 70 Prior to the issuance of building permits, the City shall require that building Planning plans indicate that new developments will minimize stormwater and urban Department, runoff into drainage facilities by incorporating design features such as Building detention basins, on -site water features, and other strategies. Services Division 71 Prior to issuance of each building permit; to be implemented prior to final Public Works building and zoning Inspection, the property owner /developer shall submit Department; project plans to the Public Works Department for review and approval to OC Waste & ensure that the plans comply with AB 939, the Solid Waste Reduction Act Recycling 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. 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. 72 Prior to issuance of building permits, plans shall show that trash storage Department of areas shall be provided and maintained in a location acceptable to the City Public Works, of Anaheim Department of Public Works, Operations Division. On an Operations ongoing basis, trash storage areas shall be provided and maintained in Division -23 - PC2013 -093 -24- PC2013 -093 accordance with approved plans on file with said Department. 73 Prior to issuance of each building permit, the Property Owner /Developer Planning shall demonstrate that the plans include provisions for the installation of Department, trash and recycle receptacles near all benches and near high traffic areas Building such as plazas, transit stops and retail and dining establishments. Services Division 74 Prior to approval of the first final subdivision map or issuance of the first Public Works building permit, whichever occurs first, the property owner /developer shall Department, irrevocably offer for dedication (with subordination of easements), Traffic including necessary construction easements, the ultimate arterial highway Engineering; right(s) -of -way adjacent to their property as shown in the Circulation Planning Element of the Anaheim General Plan. Department, Building Services Division 75 Prior to the recordation of a subdivision map or issuance of the first Public Works building permit, whichever occurs first, in the event that a parcel is Department, subdivided and there is a need for common on -site circulation and /or Traffic parking, prior to recordation of a subdivision map, an unsubordinated Engineering; covenant providing for reciprocal access and /or parking, as appropriate, Planning approved by the Planning Director or Planning Services Manager, shall be Department, recorded with the Office of the Orange County Recorder. A copy of the Building recorded covenant shall then be submitted to the Planning Division of the Services Planning Department. If the reciprocal access is across parcel lines or if Division public rights of way are required for reciprocal access; Public Works approval shall be required. 76 Prior to the issuance of building permits, plans shall show that all Public Works driveways shall be constructed with a minimum fifteen (15) foot radius Department, curb returns as required by the City Engineer, unless otherwise approved by Traffic the City Engineer. Engineering; Planning Department, Building Services Division 77 Prior to the approval of the final subdivision map or issuance of building Public Works permits, whichever occurs first, the property owner /developer shall pay the Department, identified fair -share responsibility as determined by the City as set forth in Traffic MM 5.14 -15. The City shall allocate the property owner /developer's fair- Engineering; share contribution to traffic mitigation programs that result in improved Planning traffic flow on the impacted mainline and ramp locations, via an agreement Department, mutually acceptable to Caltrans and the City. Building Services Division 78 Prior to issuance of the first building permit, Applicant shall contact Public Utilities Water Engineering for recycled water system requirements and specific Department, water conservation measures to be incorporated into the building and Water landscape construction plans. Engineering Division -24- PC2013 -093 79 That a private water system with separate water service for fire Public Utilities protection and domestic water shall be provided. Department, Water Engineering 80 That all requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments of Department, existing water services, backflow equipment, and fire lines, shall be Water coordinated and permitted through Water Engineering Division of the Engineering Anaheim Public Utilities Department. 81 Prior to the issuance of a building permit, the legal property shall owner Public Works shall post a security to guarantee completion of the required public Department, improvements at the legal property owner's expense in an amount approved Planning by the City Engineer, and a form approved by the City Attorney. Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 82 Prior to final building and zoning inspections, private streets within the Public Utilities Anaheim Resort Specific Plan area shall have street lights installed which Department are compatible with the design standards used for the public streets as determined by the Utilities Department. 83 Prior to final building and zoning inspections, root and sidewalk barriers Planning shall be provided for trees within seven feet of public sidewalks. Department, Planning Division 84 Prior to final building and zoning inspections, the property Planning owner /developer shall submit to the Planning Department a letter from a Department, licensed landscape architect certifying that all landscaping and irrigation Planning systems have been installed in accordance with landscaping plans approved Division; in connection with the Final Site Plan. Public Utilities Department, Water Engineering Division 85 Prior to rendering water service, the developer /owner shall submit a set of Public Utilities improvement plans for Public Utilities Water Engineering review and Department, approval in determining the conditions necessary for providing water Water service to the project. Engineering Division 86 Prior to each final building and zoning inspection, the property Planning owner /developer shall submit a letter from a licensed landscape architect to Department, the City certifying that the landscape installation and irrigation systems Planning have been installed as specified in the approved landscaping and irrigation Services plans. Division; Public Utilities Department 87 Prior to final building and zoning inspection, the property owner /developer Public Utilities 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. -25- PC2013 -093 88 Prior to each final building and zoning inspection, the property Planning owner /developer shall place emergency telephone service numbers in Department, prominent locations as approved by the Fire Department. Planning Division; Fire Department 89 Prior to the final building and zoning inspection, the property owner shall Public Works join and financially participate in a clean fuel shuttle program such as the Department, Anaheim Resort Transit system, and shall participate in the Anaheim Development Transportation Network in conjunction with the on -going operation of the Services project. The property owner shall also record a covenant on the property Division; City that requires participation in these programs ongoing during project Attorney's operation. The form of the covenant shall be approved by the City Office Attorney's Office prior to recordation. 90 Prior to the final building and zoning inspection, the property owner shall Public Works record a covenant on the property requiring that ongoing during project Department, implementation, the property owner /developer shall implement and Traffic administer a comprehensive Transportation Demand Management (TDM) Engineering; 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. 91 Prior to the final building and zoning inspection, the property Public Works owner /developer shall provide to the City of Anaheim Public Works Department, Department for review and approval a menu of TDM program strategies Traffic and elements for both existing and future employees' commute options, and Engineering; incentives for hotel patrons transportation options, to include, but not be 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 -26- PC2013 -093 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. 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. g. 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. h. Work Shifts. Stagger work shifts. i. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. j. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). k. 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. 1. Access. Provide preferential access to high occupancy vehicles and shuttles. m. 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. n. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. o. 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 p. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. -27- PC2013 -093 92 Prior to the first final building and zoning Inspection every property owner Public Works 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. Traffic The on -site coordinator shall be the one point of contact representing the Engineering; project with the ATN. The TDM requirements shall be included in the lease Planning or other agreement with all of the project participants. Department, Building Services Division 93 Prior to final building and zoning inspections, a separate water meter shall Public Utilities be installed for landscape water on all projects where the landscape area Department, exceeds 2,500 square feet in accordance with Ordinance No. 5349. Water Engineering Division 94 Prior to final building and zoning inspection, the property owner /developer Public Utilities 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. 95 The existing 8 -inch dual use fire /domestic meter is substandard and must be Public Utilities abandoned per City of Anaheim standards. Separate water service laterals Department, and fire line service laterals meeting the City of Anaheim standards shall be Water provided. Engineering Division 96 All required public improvements shall be constructed prior to final Public Works building and zoning inspections and are subject to review and approval by Department, the Construction Services inspector. Development Services Division GENERAL / ONGOING DURING PROJECT CONSTRUCTION 97 Ongoing, the property owner /developer shall be responsible for the removal Planning of any on -site graffiti within 24 hours of its application. Department, Planning Division 98 Ongoing, all on -site non - Public Realm landscaping and irrigation systems, Planning and Public Realm landscaping and irrigation systems, within area in which Department, dedication has not been accepted by the City, shall be maintained by the Planning property owner /developer, in compliance with City standards. Division; Public Utilities Department, Water Engineering Division 99 Ongoing, any tree planted within the Setback Realm shall be replaced in a Planning timely manner in the event that it is removed, damaged, diseased and /or Department, dead. Planning Division -28- PC2013 -093 100 Ongoing, a licensed arborist shall be hired by the property owner /developer to be responsible for all tree trimming. Planning Department, Planning Division 101 Ongoing during construction, the property owner /developer shall South Coast implement measures to reduce construction- related air quality impacts. Air Quality These measures shall include, but are not limited to: Management a. Normal wetting procedures (at least twice daily) or other dust palliative District; measures shall be followed during earth- moving operations to Planning minimize fugitive dust emissions, in compliance with the City of Department, Building Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing Services ground cover in disturbed areas as quickly as practicable. Division; Public Works b. For projects where there is excavation for subterranean facilities (such Department, as parking) on -site haul roads shall be watered at least every two hours Development or the on -site haul roads shall be paved. Services C. Enclosing, covering, watering twice daily, or applying approved soil Division 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 carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. ;. 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. i. 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 -29- PC2013 -093 -30- PC2013 -093 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. 102 Prior to final building and zoning inspections, all required WQMP items Public Works shall be inspected and operational. Department, Development Services Division 103 Ongoing during grading activities, the property owner /developer shall Planning implement standard practices for all applicable codes and ordinances to Department, prevent erosion to the satisfaction of the Planning Department, Building Building Services Division. Services Division 104 Ongoing during remediation all remediation activities of surface or OC Health subsurface contamination not related to USTs, conducted on behalf of the Care Agency; property owner /developer, shall be overseen by the Orange County Health Environmental Department. Information on subsurface contamination from USTs shall be Protection provided to the Public Utilities Department, Water Services Section of the Administration, Environmental Services Division. Fire Department 105 Ongoing during project demolition and construction, in the event that OC Health hazardous waste, including asbestos, is discovered during site preparation Care Agency; or construction, the property owner /developer shall ensure that the Environmental identified hazardous waste and /or hazardous material are handled and Protection disposed of in the manner specified by the State of California Hazardous Section of the Substances Control Law (Health and Safety Code, Division 20, Chapter Fire 6.5), and according to the requirements of the California Administrative Department; Code, Title 30, Chapter 22. South Coast Air Quality Management District 106 Ongoing during project operations, the property owner /developer shall Public Works provide for the following: cleaning of all paved areas not maintained by the 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. 107 Ongoing during construction, the property owner /developer shall ensure Planning that all internal combustion engines on construction equipment and trucks Department, are fitted with properly maintained mufflers. Building Services Division 108 Ongoing during construction and project operation, pressure washing Planning operations for purposes of building repair and maintenance due to graffiti Department, or other aesthetical considerations shall be limited to daytime hours of Building operation between 7:00 AM and 8:00 PM. Services Division -30- PC2013 -093 109 Ongoing during construction and project operation, sweeping operations in Planning the parking facilities and private on -site roadways shall be performed Department, utilizing sweeping/scrubbing equipment which operate at a level measured Building not greater than 60 dBA at the nearest adjacent property line. Services Division 110 Ongoing during project operation, the property owner /developer shall Planning provide private security on the premises to maintain adequate security for Department, the entire project subject to review and approval of the Police Department. Planning The use of security patrols and electronic security devices (i.e., video Services monitors) should be considered to reduce the potential for criminal activity Division; in the area. Police Department 111 Ongoing during construction, if the Anaheim Police Department or the Police Anaheim Traffic Management Center (TMC) personnel are required to Department; provide temporary traffic control services, the property owner /developer Public Works shall reimburse the City, on a fair -share basis, if applicable, for reasonable Department, costs associated with such services. Transit Planning 112 Ongoing, the City shall continue to collaborate with the Metropolitan Water Public Utilities District of Southern California (MWD), its member agencies, and the Department, Orange County Water District (OCWD) to ensure that available water Water supplies meet anticipated demand. If it is forecasted that water demand Engineering exceeds available supplies, staff shall recommend to City Council to trigger Division; application of the Water Conservation Ordinance (Anaheim Municipal Metropolitan Code, § 10.18), as prescribed, to require mandatory conservation measures Water District as authorized by Sections 10. 18.070 through 10.18.090, as appropriate. of California; Orange County Water District 113 Ongoing, the City shall work with the Orange County Flood Control County of District (OCFCD) to ensure that flood control facilities are well maintained Orange Flood and capable of accommodating, at a minimum, future 25 -year storm flows Control for City -owned and maintained facilities, and 100 -year storm flows for District 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. 114 Ongoing during project operation, the following practices shall be Planning implemented, as feasible, by the property owner /developer: Department, a. Usage of recycled paper products for stationary, letterhead, and Planning packaging. Services Division b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. -31 - PC2013 -093 115 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 Transit service as defined by the City's General Plan, based on thresholds of Planning; significance, performance standards, and methodologies established by the Planning Orange County Congestion Management Program and the City of Anaheim Department, Traffic Study Guidelines. The improvement phasing analyses will specify Building the timing, funding, construction, and fair -share responsibilities for all Services traffic improvements necessary to maintain satisfactory levels of service Division 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. 116 No public water main or public water facilities shall be installed in Public Utilities private alleys or paseo areas. Department, Water Engineering Division 117 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Department, Water Engineering Division 118 The following minimum horizontal clearances shall be maintained Public Utilities between relocated water main and other facilities: Department, - 10 -feet minimum separation (outside wall -to- outside wall) Water from sanitary sewer mains and laterals Engineering Division - 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric - 3 or 6 -feet minimum separation from curb face 119 All new domestic water and fire services shall be from the existing 12" Public Utilities cast iron water main located in Ball Road or the relocated 8" water Department, main in Harbor Blvd. No connections to the existing 18" concrete Water cylindrical transmission main in Ball Road will be allowed. Engineering Division 120 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning for this project, whichever occurs first. Failure to pay all charges shall Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 121 The Applicant shall defend, indemnify, and hold harmless the City and Planning its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees ") from any and all claims, Planning actions or proceedings brought against Indemnitees to attack, review, Services set aside, void, or annul the decision of the Indemnitees concerning this Division -32- PC2013 -093 -33- PC2013 -093 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. 122 The subject Property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, Planning and as conditioned herein. The proposed landscaping and irrigation Services shall be installed within 45 days of the approval of this permit. Division -33- PC2013 -093 Nigel Cast Lot Project Addendum to SE/R 340 EXHIBIT "C" As discussed previously, the Updated and Modified Mitigation Monitoring Program No. 106c was prepared for SEIR No. 340 to identify required mitigation measures intended to mitigate potential impacts associated with buildout of the ARSP. This section presents those mitigation measures from the Updated and Modified Mitigation Monitoring Program No. 106c that would be applicable to the proposed Nigel Cast Lot project. Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 ADDENDUM TO SUPPLMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340, NIGEL CAST LOT UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 106c Terms and Definitions 1. Property Owner/Developer — The owner or developer of real property on the Nigel Cast Lot project site. 2. Environmental Equivalent /Timing — Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency /timing shall be borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the 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. Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion AESTHETICS MM 5.1 -2 Prior to issuance of building Prior to issuance of building permits, all plumbing or other similar pipes and fixtures Planning Department, permits, located on the exterior of the building shall be shown on plans as fully screened from Planning Division 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 -3 Ongoing, Ongoing, the property owner /developer shall be responsible for the removal of any Planning Department, on -site graffiti within 24 hours of its application. Planning Division MM 5.1 -4 Prior to Final Site Plan Prior to Final Site Plan approval, the location and configuration of all lighting fixtures Planning Department, approval, including ground- mounted lighting fixtures utilized to accent buildings, landscape Planning Division elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down - lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. MM 5.1 -5 Prior to final building and Prior to final building and zoning inspections, private streets within the Anaheim Public Utilities zoning inspections, Resort Specific Plan area shall have street lights installed which are compatible with Department the design standards used for the public streets as determined by the Utilities Department. MM 5.1 -6 Prior to final building and Prior to final building and zoning inspections, root and sidewalk barriers shall be Planning Department, zoning inspections, provided for trees within seven feet of public sidewalks. Planning Division MM 5.1 -7 Prior to final building and Prior to final building and zoning inspections, the property owner /developer shall Planning Department, zoning inspections, submit to the Planning Department a letter from a licensed landscape architect Planning Division; certifying that all landscaping and irrigation systems have been installed in accordance Public Utilities with landscaping plans approved in connection with the Final Site Plan. Department, Water Engineering Division MM 5.1 -8 Ongoing, Ongoing, all on -site non - Public Realm landscaping and irrigation systems, and Public Planning Department, Realm landscaping and irrigation systems, within area in which dedication has not Planning Division; been accepted by the City, shall be maintained by the property owner /developer, in Public Utilities compliance with City standards. Department, Water Engineering Division M Ongoing, Ongoing, any tree planted within the Setback Realm shall be replaced in a timely Planning Department, manner in the event that it is removed, damaged, diseased and /or dead. I Planning Division Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion MM 5.1 -10 Ongoing, Ongoing, a licensed arborist shall be hired by the property owner /developer to be Planning Department, responsible for all tree trimming. Planning Division MM 5.1 -11 Prior to issuance of each Prior to issuance of each building permits, unless records indicate previous payment, Planning Department, building permits, a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim Planning Division 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 -12 Prior to issuance of each Prior to issuance of each building permit, all air conditioning facilities and other roof Planning Department, building permit, and groundmounted equipment shall be shown on plans as shielded from public view Planning Division 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. MM 5.1 -13 Prior to Final Site Plan Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings Planning Department, approval, visible from off -site areas shall be architecturally accented to portray a finished look. Planning Division AIR QUALITY MM 5.2 -2 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Planning Department, building permit, submit evidence that low emission paints and coatings are utilized in the design and Building Division 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 architectural coatings and asphalt usage: a. Use nonsolvent -based coatings on buildings, wherever appropriate; b. Use solvent based coatings, where they are necessary MM 5.2 -3 Ongoing during construction, Ongoing during construction, the property owner /developer shall implement measures South Coast Air Quality to reduce construction - related air quality impacts. These measures shall include, but Management District; are not limited to: Planning Department, a. Normal wetting procedures (at least twice daily) or other dust palliative measures Building Services Division; Public Works shall be followed during earth - moving operations to minimize fugitive dust Department, Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion emissions, in compliance with the City of Anaheim Municipal Code including Development Services application of chemical soil stabilizers to exposed soils after grading is completed Division 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 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. I. 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 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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 issuance Public Works grading permit (for of demolition permit (for Demolition Plan), the property owner /developer shall submit Department, Import/Export Plan) and prior Demolition and Import/Export plans. The plans shall include identification of offsite Engineering Services to issuance of demolition locations for materials export from the project and options for disposal of excess permit (for Demolition Plan), 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 environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. MM 5.2 -6 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Public Utilities building permit, implement, and demonstrate to the City, measures that are being taken to reduce Department operation - related air quality impacts. These measures may include, but are not limited to the following: limited to: 1. Normal Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 2. Incorporate efficient heating and other appliances. 3. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. 4. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. 5. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center 6. 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. Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion BIOLOGICAL RESOURCES MM 5.3 -1 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning Department, demolition permit, grading whichever occurs first, a survey for active raptor nests shall be conducted by a Building Services permit, or building permit, qualified Biologist and submitted to the Planning Department 30 days prior to Division whichever occurs first, 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 permit, Planning Department, demolition permit, grading whichever occurs first, a letter detailing the proposed schedule for vegetation removal Building Services permit, or building permit, activities shall be submitted to the Planning Department, verifying that removal shall Division whichever occurs first, 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 submit a Public Works, grading permit, letter identifying the certified archaeologist that has been hired to ensure that the Engineering Services; following actions are implemented: Planning Department, a. The archaeologist must be present at the pre - grading conference in order to Planning Division 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. Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SE/R 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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 submit a Public Works, grading permit, letter identifying the certified paleontologist that has been hired to ensure that the Engineering Services; following actions are implemented: Planning Department, a. The paleontologist must be present at the pre - grading conference in order to Planning Division 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. GEOLOGY AND SOILS MM 5.5 -1 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall submit to Planning Department, building permit, the Planning Department, Building Services Division for review and approval, detailed Building Services foundation design information for the subject building(s), prepared by a civil engineer, Division 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 shall submit Planning Department, foundation permit, a report prepared by a geotechnical engineer to the Planning Department, Building Building Services Services Division for review and approval, which shall investigate the subject Division 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 submit Planning Department, building permit, plans to the Planning Department, Building Services Division for review and approval Building Services showing that the proposed structure has been analyzed for earthquake loading and Division designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. MM 5.5 -5 Ongoing during grading Ongoing during grading activities, the property owner /developer shall implement Planning Department, activities, standard practices for all applicable codes and ordinances to prevent erosion to the Building Services satisfaction of the Planning Department, Building Services Division. Division Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion MM 5.5 -6 Prior to issuance of building or Prior to issuance of building or grading permits, the property owner /developer shall Planning Department, grading permits, submit to the Planning Department, Building Services Division geologic and Building Services geotechnical investigations in areas of potential seismic or geologic hazards and Division provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. HAZARDS AND HAZARDOUS MATERIALS MM 5.7 -1 Prior to issuance of the first Prior to issuance of the first grading or demolition permit, whichever occurs first, in OC Health Care grading or demolition permit, areas of former service stations, in areas known or thought to have been previously Agency; Environmental whichever occurs first, occupied by USTs, and in areas where tank removal has not been verified prior to Protection Section of excavation or grading the property owner /developer shall retain the services of a the Fire Department 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 USTs Prior to the removal of USTs the property owner /developer shall obtain a permit from OC Health Care the Environmental Protection Section of the Fire Department for the removal of such Agency; Environmental tanks. During the removal of USTs, a representative from the Environmental Protection Section of Protection Section of the Fire Department shall be onsite to direct soil sampling. the Fire Department MM 5.7 -3 Ongoing during remediation all Ongoing during remediation all remediation activities of surface or subsurface OC Health Care remediation activities of contamination not related to USTs, conducted on behalf of the property Agency; Environmental surface or subsurface owner /developer, shall be overseen by the Orange County Health Department. Protection Section of contamination not related to Information on subsurface contamination from USTs shall be provided to the Public the Fire Department USTs, Utilities Department, Water Services Administration, Environmental Services Division. MM 5.7 -4 Prior to issuance of the first Prior to issuance of the first grading demolition permit, whichever occurs first the OC Health Care grading or demolition permit, property owner /developer shall submit a plan for review and approval of the Fire Agency; Environmental whichever occurs first Department which details procedures that will be taken if previously unknown USTs, Protection Section of or other unknown hazardous material or waste, is discovered onsite. the Fire Department MM 5.7 -5 Prior to issuance of the first Prior to issuance of the first grading or demolition permit, whichever occurs first for OC Health Care grading or demolition permit, future developments within the Anaheim Resort Specific Plan area affecting any Agency; Environmental whichever occurs first property on a published list of leaking underground storage tanks (LUST) that has not Protection Section of been officially closed or resolved, a qualified environmental professional, retained by the Fire Department the property owner /developer, shall attempt to contact the current and /or known former property /business owners to obtain information regarding the status of USTs and /or tank closures at these sites. If warranted, subsurface investigation and Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion sampling shall be undertaken by a qualified environmental professional, and results of these analyses shall be submitted to the Fire Department for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. MM 5.7 -6 Ongoing during project Ongoing during project demolition and construction, in the event that hazardous OC Health Care demolition and construction, waste, including asbestos, is discovered during site preparation or construction, the Agency; Environmental property owner /developer shall ensure that the identified hazardous waste and /or Protection Section of hazardous material are handled and disposed of in the manner specified by the State the Fire Department; of California Hazardous Substances Control Law (Health and Safety Code, Division South Coast Air Quality 20, Chapter 6.5), and according to the requirements of the California Administrative Management District Code, Title 30, Chapter 22. HYDROLOGY AND WATER QUALITY MM 5.8 -1 Prior to issuance of the first Prior to issuance of the first grading or building permit, whichever occurs first, the Public Works grading or building permit, property owner /developer shall submit a Master Drainage and Runoff Management Department, whichever occurs first, Plan (MDRMP) for review and approval by the Public Works Department, Development Services Development Services Division and Orange County Environmental Management Division; Orange Agency. The Master Plan shall include, but not be limited to, the following items: County Environmental a. Backbone storm drain layout and pipe size, including supporting hydrology and Y P�P 9 PP 9 Y 9Y Management Agency 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. MM 5.8 -2 Prior to issuance of a grading Prior to issuance of a grading permit for sites that disturb more than one (1) acre of Planning Department, permit for sites that disturb soil, the property owner /developer shall obtain coverage under the NPDES Statewide Building Services more than one (1) acre of soil, Industrial Stormwater Permit for General Construction Activities from the State Water Division Resources Control Board. Evidence of attainment shall be submitted to the Planning Department, Building Services Division. MM 5.8 -3 Ongoing during project Ongoing during project operations, the property owner /developer shall provide for the Public Works operations, following: cleaning of all paved areas not maintained by the City of Anaheim on a Department 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 no to each final building and Prior to each final building and zoning inspection, the property owner /developer shall Planning Department, zoning inspection, submit a letter from a licensed landscape architect to the City certifying that the Planning Services landscape installation and irrigation systems have been installed as specified in the Division; Public Utilities approved landscaping and irrigation plans. Department 10 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion MM 5.8 -5 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall install Public Utilities zoning inspection, piping on -site with project water mains so that reclaimed water may be used for Department landscape irrigation, if and when it becomes available. MM 5.8 -6 Prior to issuance of building Prior to issuance of building permits, the property owner /developer shall provide Planning Department, permits, written evidence that all storm drain, sewer, and street improvement plans shall be Building Services designed and constructed to the satisfaction of the City Engineer. Division NOISE 5.10 -1 Ongoing during construction, Ongoing during construction, the property owner /developer shall ensure that all Planning Department, internal combustion engines on construction equipment and trucks are fitted with Building Services properly maintained mufflers. Division 5.10 -5 Prior to issuance of each Prior to issuance of each building permit, a note shall be provided on building plans Planning Department, building permit, a note shall be indicating that during construction, the property owner /developer shall install and Building Services provided on building plans maintain specially designed construction barriers at the project perimeter areas. The Division indicating that during construction sound barriers shall be a minimum height of 8 feet with a minimum construction, 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. 5.10 -6 Ongoing during construction Ongoing during construction and project operation, pressure washing operations for Planning Department, and project operation, purposes of building repair and maintenance due to graffiti or other aesthetical Building Services considerations shall be limited to daytime hours of operation between 7:00 AM and Division 8:00 PM. 5.10 -7 Ongoing during construction Ongoing during construction and project operation, sweeping operations in the parking Planning Department, and project operation, facilities and private on -site roadways shall be performed utilizing sweeping /scrubbing Building Services equipment which operate at a level measured not greater than 60 dBA at the nearest Division adjacent property line. 5.10 -11 Prior to issuance of each Prior to issuance of each building permit, a note shall be provided on plans indicating Planning Department, building permit, that there shall be no operation of large bulldozers or vibratory rollers within 25 feet of Planning Services any existing home. Division Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion PUBLIC SERVICES 5.12 -1 Prior to the approval of each Prior to the approval of each Final Site Plan and issuance of each building permit, the Planning Department, Final Site Plan and issuance of property owner /developer shall submit plans to the Police Department for review and Planning Services each building permit, approval for safety, accessibility, crime prevention, and security provisions during both Division; Police the construction and operative phases for the purpose of incorporating safety Department 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 private Planning Department, operation, security on the premises to maintain adequate security for the entire project subject to Planning Services review and approval of the Police Department. The use of security patrols and Division; Police electronic security devices (i.e., video monitors) should be considered to reduce the Department 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 parking lots Planning Department, building permit, and parking structures with controlled access points to limit ingress and egress if Planning Division; determined to be necessary by the Police Department, and shall be subject to the Police Department 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 hydrants Planning Department, structural framing on each shall be installed and charged by the property owner /developer as required and Planning Division; Fire parcel or lot, approved by the Fire Department. Department 5.12 -6 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit an Planning Department, grading permit, emergency fire access plan to the Fire Department for review and approval to ensure Planning Division; Fire that service to the site is in accordance with Fire Department service requirements. Department 5.12 -7 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to the final building Planning Department, building permit; to be and zoning inspection, plans shall indicate that all buildings, exclusive of parking Planning Division; Fire implemented prior to the final structures, shall have sprinklers installed by the property owner /developer in Department building and zoning inspection, accordance with the Anaheim Municipal Code. Said 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 that Planning Department, building permit, development is in accordance with the City of Anaheim Fire Department Standards, Planning Division; Fire 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. 12 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 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 first Prior to issuance of the first building permit, the property owner /developer shall enter Planning Department, building permit, into an agreement recorded against the property with the City of Anaheim to pay or Planning Division; Fire cause to be paid their fair share of the funding to accommodate the following, which Department will serve the Anaheim Resort Specific Plan area: 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 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.) 13 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.12 -10 Prior to each final building and Prior to each final building and zoning inspection, the property owner /developer shall Planning Department, zoning inspection, place emergency telephone service numbers in prominent locations as approved by Planning Division; Fire the Fire Department. Department 5.12 -11 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall submit a Planning Department, building permit, Construction Fire Protection Plan to the Fire Department for review and approval Planning Division; Fire detailing accessibility of emergency fire equipment, fire hydrant location, and any other Department 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. 5.12 -12 Prior to the approval of each Prior to the approval of each Final Site Plan and prior to the issuance of each building Planning Department, Final Site Plan and prior to the permit, plans shall be reviewed and approved by the Fire Department as being in Planning Division; Fire issuance of each building conformance with the Uniform Fire Code. Department permit, 5.12 -13 Prior to the placement of Prior to the placement of building materials on a building site, an all- weather road shall Planning Department, building materials on a building be provided from the roadway system to and on the construction site and for fire Planning Division; Fire site, hydrants at all times, as required by the Fire Department. Such routes shall be paved Department 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 building Prior to approval of building plans, the property owner /developer shall provide written Planning Department, plans, evidence to the satisfaction of the Fire Department that all lockable pedestrian and /or Planning Division; Fire vehicular access gates shall be equipped with "knox box" devices as required and Department 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 initially Planning Department, water plans, connected to separate fire services, an unsubordinated covenant satisfactory to the Planning Division; Fire City Attorney's Office shall be recorded prohibiting any individual sale of buildings until Department 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 be Planning Department, improvement plans, designed by the property owner /developer to provide sufficient fire flow pressure and Planning Division; Fire storage for the proposed land use and fire protection services in accordance with Fire Department Department requirements. 14 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SE/R 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion TRANSPORTATION AND TRAFFIC 5.14 -1 Prior to approval of a Final Site Prior to approval of a Final Site Plan for any project forecast to generate 100 or more Public Works Plan for any project forecast to peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Department, Traffic generate 100 or more peak Anaheim Traffic Analysis Model Trip Generation Rates, the property owner /developer Engineering; Planning hour trips, shall prepare traffic improvement phasing analyses to identify when the improvements Department, Building identified in this traffic analysis shall be designed and constructed. Services Division 5.14 -2 Prior to issuance of the first Prior to issuance of the first building permit for each building, the property Public Works building permit for each owner /developer shall pay the appropriate Traffic Signal Assessment Fees and Department, Traffic building, Transportation Impact and Improvement Fees to the City of Anaheim in amounts Engineering; Planning determined by the City Council Resolution in effect at the time of issuance of the Department, Building building permit with credit given for City- authorized improvements provided by the Services Division property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 5.14 -3 Prior to approval of the first Prior to approval of the first final subdivision map or issuance of the first building Public Works final subdivision map or permit, whichever occurs first, the property owner /developer shall irrevocably offer for Department, Traffic issuance of the first building dedication (with subordination of easements), including necessary construction Engineering; Planning permit, whichever occurs first, easements, the ultimate arterial highway right(s) -of -way adjacent to their property as Department, Building shown in the Circulation Element of the Anaheim General Plan. Services Division 5.14 -4 Prior to the final building and Prior to the final building and zoning inspection, the property owner shall join and Public Works zoning inspection, financially participate in a clean fuel shuttle program such as the Anaheim Resort Department, Transit system, and shall participate in the Anaheim Transportation Network in Development Services conjunction with the on -going operation of the project. The property owner shall also Division; City Attorney's record a covenant on the property that requires participation in these programs Office ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 5.14 -5 Prior to the issuance of Prior to the issuance of grading permits, the property owner /developer shall provide to Public Works grading permits, the City of Anaheim Public Works Department a plan to coordinate rideshare services Department, Traffic for construction employees with the Anaheim Transportation Network (ATN) for review Engineering and a approval and shall implement ATN recommendations to the extent feasible. 15 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.14 -6 Prior to the issuance of each Prior to the issuance of each building permit for a hotel development that exceeds 100 Public Works building permit for a hotel rooms per gross acre within the Commercial Recreation (C -R) District (Development Department, development that exceeds 100 Area 1) within the Convention Center (CC) Medium density category, the property Development Services rooms per gross acre within owner shall record a covenant on the property requiring that ongoing during project Division; City Attorney's the Commercial Recreation implementation, the property owner /developer shall implement TDM measures Office (C -R) District (Development sufficient to reduce the actual trip generation from the development to no more than Area 1) within the Convention the trips assumed by the City's traffic model. The form of the covenant shall be Center (CC) Medium density approved by the City Attorney's Office. category, 5.14 -7 Ongoing during construction, Ongoing during construction, if the Anaheim Police Department or the Anaheim Traffic Police Department; Management Center (TMC) personnel are required to provide temporary traffic control Public Works services, the property owner /developer shall reimburse the City, on a fair -share basis, Department, Traffic if applicable, for reasonable costs associated with such services. Engineering 5.14 -8 Prior to the final building and Prior to the final building and zoning inspection, the property owner shall record a Public Works zoning inspection, the property covenant on the property requiring that ongoing during project implementation, the Department, Traffic owner shall record a covenant property owner /developer shall implement and administer a comprehensive Engineering on the property requiring that Transportation Demand Management (TDM) program for all employees. The form of ongoing during project the covenant shall be approved by the City Attorney's Office. Objectives of the TDM implementation, 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. 5.14 -9 Prior to the final building and Prior to the final building and zoning inspection, the property owner /developer shall Public Works zoning inspection, provide to the City of Anaheim Public Works Department for review and approval a Department, Traffic menu of TDM program strategies and elements for both existing and future Engineering employees' commute options, and incentives for hotel patrons transportation options, to include, but not be 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. 16 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SE/R 340 NIGEL CAST LOT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 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.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. g. 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. h. Work Shifts. Stagger work shifts. L Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. j. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). k. 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. 17 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SE/R 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion I. Access. Provide preferential access to high occupancy vehicles and shuttles. m. 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. n. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. o. 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. p. 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 -10 Prior to approval of each Prior to approval of each tentative tract or parcel map, the following Street Design tentative tract or parcel map, Elements shall be shown on each tentative tract or parcel map: a. Street cross - sections, including dimensions, labels, circulation designation (i.e., Resort Secondary) and whether public or private. b. Street grades and vertical alignment. c. Horizontal alignment, including radii, and cul -de -sac radii. 5.14 -11 Prior to the recordation of a Prior to the recordation of a subdivision map or issuance of the first building permit, Public Works subdivision map or issuance of whichever occurs first, in the event that a parcel is subdivided and there is a need for Department, Traffic the first building permit, common on -site circulation and /or parking, prior to recordation of a subdivision map, Engineering; Planning whichever occurs first, an unsubordinated covenant providing for reciprocal access and /or parking, as Department, Building appropriate, approved by the Planning Director or Planning Services Manager, shall Services Division 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 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. 18 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.14 -12 Prior to the issuance of the first Prior to the issuance of the first building permit, the location of any proposed gates Public Works building permit, across a driveway shall be subject to the review and approval of the City Engineer. Department, Traffic Gates shall not be installed across any driveway or private street in a manner which Engineering; Planning may adversely affect vehicular traffic on the adjacent public streets. Installation of any Department, Building gates shall conform to the current version of Engineering Standard Detail No. 475. Services Division 5.14 -13 Prior to the issuance of Prior to the issuance of building permits, plans shall show that all driveways shall be Public Works building permits, constructed with a minimum fifteen (15) foot radius curb returns as required by the Department, Traffic City Engineer, unless otherwise approved by the City Engineer. Engineering; Planning Department, Building Services Division 5.14 -14 Prior to the issuance of Prior to the issuance of building permits or final map approval, whichever occurs first, Public Works building permits or final map security in the form of a bond, certificate of deposit, letter of credit, completion Department, Traffic approval, whichever occurs guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be Engineering; Planning first, posted with the City to guarantee the satisfactory completion of all engineering Department, Building requirements of the City of Anaheim, including preparation of improvement plans and Services Division 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 -15 Based upon the improvement Based upon the improvement phasing analysis in the project traffic study, the property Public Works phasing analysis in the project owner /developer shall implement traffic improvements as identified in the project traffic Department, Traffic traffic study, study to maintain satisfactory levels of service as defined by the City's General Plan, Engineering; Planning based on thresholds of significance, performance standards, and methodologies Department, Building established by the Orange County Congestion Management Program and the City of Services Division 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. 19 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.14 -16 Prior to approval of a Final Site Prior to approval of a Final Site Plan for any project forecast to generate 100 or more Public Works Plan for any project forecast to peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Department, Traffic generate 100 or more peak Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the Engineering; Planning hour trips, preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, Department, Building property owners /developers will determine when the intersection improvements shall Services Division be constructed, subject to the conditions identified in MM 5.14 -1. 5.14 -19 Prior to the approval of the Prior to the approval of the final subdivision map or issuance of building permits, Public Works final subdivision map or whichever occurs first, the property owner /developer shall pay the identified fair -share Department, Traffic issuance of building permits, responsibility as determined by the City as set forth in MM 5.14 -15. The City shall Engineering; Planning whichever occurs first, allocate the property owner /developer's fair -share contribution to traffic mitigation Department, Building programs that result in improved traffic flow on the impacted mainline and ramp Services Division locations, via an agreement mutually acceptable to Caltrans and the City. 5.14 -20 Prior to the approval of a Final Prior to the approval of a Final Site Plan, the property owner /developer shall meet with Public Works Site Plan, the Traffic and Transportation Manager to determine whether a bus stop(s) is required Department, Traffic to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a Engineering; Planning location that least impacts traffic flow and may be designed as a bus turnout or a far Department, Building side bus stop as required by the Traffic and Transportation Manager and per the Services Division approval of the Orange County Transportation Authority (OCTA). 5.14 -21 Prior to the first final building Prior to the first final building and zoning Inspection every property owner and /or Public Works and zoning Inspection lessee shall designate an on -site contact that will be responsible for coordinating with Department, Traffic the ATN and implementing all trip mitigation measures. The on -site coordinator shall Engineering; Planning be the one point of contact representing the project with the ATN. The TDM Department, Building requirements shall be included in the lease or other agreement with all of the project Services Division participants. 5.14 -22 Subsequent to the certification Subsequent to the certification of Final EIR No. 340, and prior to the approval of the Public Works of Final EIR No. 340, and prior first Final Site Plan, if the costs of the identified improvements in the Traffic Study Department, Traffic to the approval of the first Final Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered Engineering; Planning Site Plan, by the total funding allocation under the existing City fee programs and funding Department, Building sources, an update of the existing City traffic fee program or other fee programs shall Services Division be developed by the City of Anaheim to ensure completion of the recommended improvements. 20 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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 building and Public Utilities building permit (to be zoning inspections, and continuing on an on -going basis during project operation), the Department; Planning implemented prior to final property owner/ developer shall submit to the Public Utilities Department plans for Department, Building building and zoning review and approval which shall ensure that water conservation measures are Services Division inspections, and continuing on incorporated. The water conservation measures to be shown on the plans and an on -going basis during implemented by the property owner /developer, to the extent applicable include, but project operation), 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. 5.15 -2 Prior to issuance of each Prior to issuance of each building permit, all water supply planning for the project will Public Utilities building permit, be closely coordinated with, and be subject to the review and final approval of, the Department, Water Utilities Department, Water Engineering Division and Fire Department. Engineering Division and Fire Department 5.15 -3 Prior to issuance of each Prior to issuance of each building permit, water pressure greater than 80 pounds per Public Utilities building permit, square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing Department, Water valves installed at the property owner /developer's service. Engineering Division 5.15 -4 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Planning Department, building permit, submit a landscape and irrigation plan which shall be prepared and certified by a Planning Services licensed landscape architect. The irrigation plan shall specify methods for monitoring Division; Public Utilities the irrigation system. The system shall ensure that irrigation rates do not exceed the Department, Water 21 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project A ddendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion infiltration of local soils, that the application of fertilizers and pesticides do not exceed Engineering Division 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 Final Prior to approval of the Final Site Plan and building permits, plans shall specifically Public Utilities Site Plan and building permits, show that the water meter and backflow equipment and any other large water system Department, Water equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division 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 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 payment, Public Utilities building permit, unless records the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service Department, Water indicate previous payment, shall be paid to the Public Utilities Department, Water Engineering Division in Engineering Division 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 installed Public Utilities zoning inspections, for landscape water on all projects where the landscape area exceeds 2,500 square Department, Water feet in accordance with Ordinance No. 5349. Engineering Division 5.15 -8 Prior to the issuance of the first Prior to the issuance of the first building permit or grading permit, whichever occurs Public Utilities building permit or grading first, the property owner /developer shall comply with Rule 15E of the Public Utilities Department, Water permit, whichever occurs first, Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to Engineering Division include: a. Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and b. Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. 22 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.15 -9 Ongoing, Ongoing, the City shall continue to collaborate with the Metropolitan Water District of Public Utilities Southern California (MWD), its member agencies, and the Orange County Water Department, Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it Engineering Division; is forecasted that water demand exceeds available supplies, staff shall recommend to Metropolitan Water City Council to trigger application of the Water Conservation Ordinance (Anaheim District of California; Municipal Code, §10.18), as prescribed, to require mandatory conservation measures Orange County Water as authorized by Sections 10.18.070 through 10.18.090, as appropriate. District SEWER 5.16 -1 Prior to approval of a final Prior to approval of a final subdivision map or issuance of a grading or building permit, Public Utilities subdivision map or issuance of whichever occurs first, the property owner /developer shall participate in the City's Department, Water a grading or building permit, Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to Engineering Division whichever occurs first, 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 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 23 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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 5.17 -1 Prior to issuance of each Prior to issuance of each building permit, the property owner /develop shall consult Public Utilities building permit, with the City of Anaheim Public Utilities Department, Business and Community Department, Business Programs Division in order to review energy efficient measures to incorporate into the Community Program project design. Prior to the final building and zoning inspection, the property owner Division 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. I. 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. 24 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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. 5.17 -2 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall install Public Utilities zoning inspection, an underground electrical service from the Public Utilities Distribution System. The Department 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 submit Planning Department, building permit, plans and calculations to the City of Anaheim Planning Department, Building Division, Building Services to demonstrate that the energy efficiency of each building will exceed the Title 24 Division 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 Site Prior to approval of a Final Site Plan, the property owner /developer shall coordinate Public Utilities Plan, with the Public Utilities Department to incorporate feasible renewable energy Department 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. 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 building Public Utilities subdivision map, or issuance permit, whichever occurs first, the property owner /developer shall participate in the Department, Water of a grading or building permit, City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Engineering Division whichever occurs first, Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner /developer shall submit a report for review and approval by 25 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SE/R 340 NIGEL CAST LOT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 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, 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. 26 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.18 -2 Ongoing, Ongoing, the City shall work with the Orange County Flood Control District (OCFCD) County of Orange to ensure that flood control facilities are well maintained and capable of Flood Control District 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 plans Planning Department, building permits, indicate that new developments will minimize stormwater and urban runoff into Building Services drainage facilities by incorporating design features such as detention basins, on -site Division water features, and other strategies. OTHER PUBLIC UTILITIES 5.19 -1 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to final building and Public Works building permit; to be zoning Inspection, the property owner /developer shall submit project plans to the Department; OC Waste implemented prior to final Public Works Department for review and approval to ensure that the plans comply with & Recycling building and zoning Inspection, 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 27 Updated and Modified Mitigation Monitoring Program No. 106c Nigel Cast Lot Project Addendum to SEIR 340 NIGEL CAST LOT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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. 5.19 -2 Ongoing during project Ongoing during project operation, the following practices shall be implemented, as Planning Department, operation, feasible, by the property owner /developer: Planning Services a. Usage of recycled paper products for stationary, letterhead, and packaging. n 9 Y P P P rY� P 9 9• Division b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 5.19 -3 Prior to issuance of building Prior to issuance of building permits, plans shall show that trash storage areas shall Department of Public permits, be provided and maintained in a location acceptable to the City of Anaheim Works, Operations Department of Public Works, Operations Division. On an ongoing basis, trash storage Division 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 Planning Department, building permit, demonstrate that the plans include provisions for the installation of trash and recycle Building Services receptacles near all benches and near high traffic areas such as plazas, transit stops Division and retail and dining establishments. 5.19 -5 Prior to issuance of each Prior to issuance of each grading and building permit, the Property Owner /Developer Planning Department, grading and building permit, shall submit to the Planning Director or Planning Services Manager for approval a Planning Services Construction Waste Management Plan that, at a minimum, specifies that at least 75 Division 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. 28 Updated and Modified Mitigation Monitoring Program No. 106c