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Resolution-PC 2014-028RESOLUTION NO. PC2014 -028 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY - CERTIFIED MASTER ENVIRONMENTAL IMPACT REPORT NO. 313 AND FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING MITIGATION MONITORING PROGRAM NO. 85C AND FINAL SITE PLAN NO. 2013 -00003 AND AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00023) (640 -700 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Final Site Plan No. 2013 -00003 to construct a 281 -room hotel with a 7,525 square foot restaurant and a six -level parking structure (herein referred to as the "Proposed Project ") for certain real property located at 640 -700 West Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 2.35 acres, is developed with a hotel. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92 -2 (SP 92- 2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code "); and WHEREAS, pursuant to Section 18.116.040 (Methods and Procedures for Specific Plan Implementation) of the Code, related to the requirements for Final Site Plan review and approval for Anaheim Resort Specific Plan No. 92 -2, the Planning Commission reviewed proposed Final Site Plan No. 2013 -00003 as a Report and Recommendation item at a regular meeting of its members held at the regular meeting place thereof on April 7, 2014 at 5:00 p.m.; 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 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 4- PC2014 -028 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, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that Final EIR No. 340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to Final EIR No. 340 have occurred; specifically: a. There have not been any substantial changes in the project 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 was adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (c) 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 project proponents decline to adopt the mitigation measures or alternatives; or (d) 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 project proponents decline to adopt the mitigation measures or alternatives. -2- PC2014 -028 WHEREAS, the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 85C ( "MMP ") prepared for Final EIR No. 340, applicable mitigation measures for the Proposed Project having been included in Exhibit B , and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and WHEREAS, the Planning Commission does 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. 2. The design and layout of the Proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the Proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the Proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The Proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed Project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Final Site Plan No. 2013 -00003 contingent upon and subject to the conditions of approval and mitigation measures, which are described in Exhibit B , 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. -3 - PC2014 -028 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 April 7, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. A�A, P —a vq!I g ATTEST: CHAIR, ANAHEIM CITY P NNING COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7 1 day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2014 -028 EXHIBIT "A" DEV NO. 2013 -00023 APN: 137 - 161 -13 W KATELLA AVE -5- PC2014 -028 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +I- two to five feet. EXHIBIT "B" FINAL SITE PLAN NO. 2013-00003 (DEV2013- 00023) -6- PC2014 -028 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prior to issuance of a grading permit, the water quality management plan public Works, shall address the following items: • The WQMP shall include additional information such as soils Development analysis, prior contamination, depth to groundwater, etc. to Services determine the acceptability and capability of this site to use infiltration. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration trench below the permeable pavers. • The design storm needs to be captured in the infiltration area. Clarify how the storm drain system will be used to route flows to the infiltration area. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio- retention areas (rain gardens), prior to reaching the infiltration system. • Ensure that all flows from the property are captured and treated. If flows from the adjacent properties are co- mingled with water on this site, then the total flow must be treated and accommodated in the design of the infiltration system. This project includes roadway widening and related improvements, which will also need to treat the footprint of that portion of the project by treating the design storm that will fall on that footprint. The treatment must be based on Green Streets Guidelines and must obtain approval of the City's Operations Division and /or Resort Services. 2 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property planning and Building owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. -6- PC2014 -028 3 Prior to the issuance of a demolition permit, grading permit, or building planning and permit, whichever occurs first, a survey for active raptor nests shall be Building conducted by a qualified Biologist and submitted to the Planning and Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. 4 Prior to the issuance of a demolition permit, grading permit, or building planning and permit, whichever occurs first, a letter detailing the proposed schedule for vegetation removal activities shall be submitted to the Planning and Building Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. 5 Prior to issuance of each grading permit, the property owner /developer planning and shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: public Works Departments a. The archaeologist must be present at the pre - grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. 6 Prior to issuance of each grading permit, the property owner /developer planning and shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: public Works -7- PC2014 -028 -8- PC2014 -028 a. The paleontologist must be present at the pre - grading conference in Departments order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 7 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property Planning and owner /developer shall submit Demolition and Import/Export plans. The Building plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. 8 Prior to issuance of building or grading permits, the property Planning and owner /developer shall submit to the Planning and Public Works Departments, geologic and geotechnical investigations in areas of potential Public Works seismic or geologic hazards and provide a note on plans that all grading Departments operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 9 Prior to issuance of the first grading or demolition permit, whichever occurs first, in areas of former service stations, in areas known or thought to have Fire been previously occupied by USTs, and in areas where tank removal has Department not been verified prior to excavation or grading the property owner /developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. 10 Prior to issuance of the first grading or demolition permit, whichever occurs first, the property owner /developer shall submit a plan for review and Fire approval by the Fire Department which details procedures that will be taken Department -8- PC2014 -028 -9- PC2014 -028 if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. 11 Prior to issuance of each grading permit, the property owner /developer shall submit an emergency fire access plan to the Fire Department for Fire Department review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 12 Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to public Works coordinate rideshare services for construction employees with the Anaheim Traffic Transportation Network (ATN) for review and approval and shall Engineering implement ATN recommendations to the extent feasible. 13 Prior to the issuance of the first building permit or grading permit, public Utilities whichever occurs first, the property owner /developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: 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 Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. 14 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 Development Runoff Management Plan (MDRMP) for review and approval by the Public Services Works Department, Development Services Division. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. 15 Prior to issuance of a grading permit for sites that disturb more than one (1) Public Works, acre of soil, the property owner /developer shall obtain coverage under the Development NPDES Statewide Industrial Stormwater Permit for General Construction Services Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Public Works Department, Development Services Division. PRIOR TO ISSUANCE OF BUILDING PERMITS 16 Prior to the recordation of a subdivision map or issuance of the first Planning and building permit, whichever occurs first, in the event that a parcel is Building subdivided and there is a need for common on -site circulation and /or parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and /or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning and Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. -9- PC2014 -028 17 Prior to approval of building plans, the property owner /developer shall Fire provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and /or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 18 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 Traffic identified fair -share responsibility as determined by the City as set forth in Engineering MM 5.14 -15. The City shall allocate the property owner /developer's fair - share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. 19 Plans shall specifically indicate that all vehicular ramps and grades Public Works, conform to all applicable Engineering Standard Details to the satisfaction Traffic of the City Traffic and Transportation Manager. Engineering 20 Prior to issuance of the a building permit for the parking structure, plans public Works, shall demonstrate that at -grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Traffic Engineering 21 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on public Works, building plans. Traffic Engineering 22 The developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Harbor Boulevard public Works, per The Anaheim Resort standards, including planting and irrigation in the Development public parkway. The parkway landscaping strips, eight feet behind curb and Services eight feet behind sidewalk, shall be constructed with the irrigation connected to the City system, and maintained by City Resort Services Division. Also, the plans shall include construction of public sidewalk 8 foot wide along Hotel Way property frontage. 23 The developer shall post a security to guarantee the construction of public works improvements in an amount approved by the City Engineer and in a public Works, form approved by the City Attorney. The improvements shall be constructed Development prior to final building and zoning inspections. Services 24 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 83 feet in width measured from the street centerline to public Works, Development accommodate for additional 8 foot wide landscape and irrigation Services improvements, as required per the Anaheim Resort Specific Plan. Also, the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for sidewalk purposes along Hotel Way. 25 For any proposed site improvements that affect or encroach over existing public Works, city easements, the developer shall submit a request for easement Real Property abandonment to Public Works and Public Utilities Departments. Services 26 All plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent planning and public rights -of -way and from adjacent properties by architectural devices Building - 10 - PC2014 -028 - 11 - PC2014 -028 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. 27 Unless records indicate previous payment, a fee for street tree purposes planning and shall be paid or cause to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or Building credit against the fee given for City authorized improvements installed by the property owner /developer. 28 All air conditioning facilities and other roof and ground- mounted planning and equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any Building 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. 29 The property owner /developer shall submit evidence that low emission planning and paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be Building denoted on the project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner /developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non - solvent -based coatings on buildings, wherever appropriate; b. Use solvent -based coatings, where they are necessary. 30 Prior to the issuance of each building permit, the property owner /developer Planning and shall implement, and demonstrate to the City, measures that are being taken Building to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. - 11 - PC2014 -028 31 The property owner /developer shall comply with all SCAQMD offset planning and regulations and implementation of Best Available Control Technology Building (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. 32 The property owner /developer shall implement, and demonstrate to the planning and City, measures that are being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: Building a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. 33 Prior to issuance of each building permit, the property owner /developer planning and shall provide proof of compliance with Government Code Section 53080 (Schools). Building 34 The property owner /developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed planning and foundation design information for the subject building(s), prepared by a Building civil engineer, based on recommendations by a geotechnical engineer. 35 Prior to issuance of each foundation permit, the property owner /developer planning, shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Services Division for review and Building, and public Works approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. 36 The property owner /developer shall submit plans to the Planning planning, Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and Building and designed according to the most recent seismic standards in the California public Works Building Code adopted by the City of Anaheim. 37 Prior to issuance of the first building permit, the property owner /developer Fire shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to Department accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. - 12 - PC2014 -028 - 13- PC2014 -028 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. 38 The property owner /developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and public Works Department constructed to the satisfaction of the City Engineer. 39 A note shall be provided on building plans indicating that during planning and construction, the property owner /developer shall install and maintain Building specially designed construction barriers at the project perimeter areas. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self - closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. 40 The property owner /developer shall present plans and calculations to the Planning and Building Department, Building Division to demonstrate that Planning and noise levels from planned mechanical ventilation equipment, loading Building docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. 41 Prior to issuance of each building permit, the property owner /developer Planning and shall present plans and calculations to the Planning Department, Building Division to demonstrate that noise levels would be less than 65 dBA CNEL Building for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. - 13- PC2014 -028 42 Prior to issuance of each building permit, for structures that are adjacent to noise - sensitive areas such as residences, the property owner /developer shall planning and ensure that all mechanical ventilation units are shown on plans and installed Building in compliance with Sound Pressure Level Ordinance. 43 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be planning and Building prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. 44 Prior to the approval of each Final Site Plan and issuance of each building permit, the property owner /developer shall submit plans to the Police police Department for review and approval for safety, accessibility, crime Department prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 45 The project design shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be Police necessary by the Police Department, and shall be subject to the review and Department approval of the Police Department. 46 Prior to commencement of structural framing on each parcel or lot, on -site fire hydrants shall be installed and charged by the property Fire owner /developer as required and approved by the Fire Department. Department 47 Prior to the issuance of each building permit for a parking structure, the Police property owner /developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. 48 Prior to issuance of each building permit, to be implemented prior to the final building and zoning inspection, plans shall indicate that all buildings, Fire exclusive of parking structures, shall have sprinklers installed by the Department property owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 49 Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: Fire Department a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off -site public fire hydrants contiguous to the Specific Plan -14- PC2014 -028 - 15 - PC2014 -028 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. 50 The property owner /developer shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility Fire 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. 51 Plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. Fire Department 52 Prior to approval of water improvement plans, the water supply system Fire shall be designed by the property owner /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection Department services in accordance with Fire Department requirements. 53 The property owner /developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas — planning and Building Payment of Fees Required. 54 The property owner /developer shall pay the appropriate Transportation public Works Impact and Improvement Fees to the City of Anaheim in amounts Traffic determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City - authorized improvements Engineering provided by the property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 55 The property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, public Works the ultimate arterial highway right(s) -of -way adjacent to their property as Department shown in the Circulation Element of the Anaheim General Plan. 56 Plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless public Works otherwise approved by the City Engineer. Department 57 Prior to issuance of the first building permit for each building, the property owner /developer shall pay the appropriate Traffic Signal Assessment Fees public Works 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 improvements provided by the property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. - 15 - PC2014 -028 58 Based upon the improvement phasing analysis in the project traffic study, the property owner /developer shall implement traffic improvements as public Works Traffic identified in the project traffic study to maintain satisfactory levels of Engineering service as defined by the City's General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner /developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 59 Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on -going basis public Utilities Department during project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self - closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice - machines, dishwashers, clothes washers and other water -using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. 60 All water supply planning for the project will be closely coordinated with, Public and be subject to the review and final approval of, the Public Utilities Utilities, Fire Department, Water Engineering Division and Fire Department. Departments 61 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an Public Utilities easement for all large domestic above - ground water meters and fire hydrants, Department including a five (5) -foot wide easement around the fire hydrant and/or water Water - 16 - PC2014 -028 -17- PC2014 -028 meter pad (ii) a twenty (20) foot wide easement for all water service laterals Engineering all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. 62 A private water system with separate water service for fire protection and Public Utilities domestic water shall be provided. Such improvements shall be shown on Department plans submitted for building permits. Water Engineering 63 Water pressure greater than 80 pounds per square inch (psi) shall be Public reduced to 80 psi or less by means of pressure reducing valves installed at the property owner /developers service. Utilities, Fire Departments 64 The property owner /developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. planning and The irrigation plan shall specify methods for monitoring the irrigation Building 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. 65 Plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the public Utilities satisfaction of the Public Utilities Department, Water Engineering Division, Department 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. 66 Unless records indicate previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the public Utilities Public Utilities Department, Water Engineering Division in accordance Department with Rule 15A, and Rule 20 of the Public Utilities Department Water -17- PC2014 -028 - 18 - PC2014 -028 Rates, Rules and Regulations. 67 The property owner /developer shall participate in the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in Public Works mitigating existing and future sanitary sewer system deficiencies as Department follows: The property owner /developer shall submit a report/sewer study 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 complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. c. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). 68 The property owner /develop shall consult with the City of Anaheim Public Utilities Department, Business and Community Programs Division, in order Public Utilities to review energy efficient measures to incorporate into the project design. Department Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High- efficiency air - conditioning systems with EMS (computer) control - 18 - PC2014 -028 - 19 - PC2014 -028 b. Variable air volume (VAV) distribution c. Outside air (100 %) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors /separable activity areas f. Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage. 1. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal - halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air - conditioning for spaces or facilities that may require air - conditioning during summer, day - peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: q. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems. r. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements. s. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 69 Prior to the issuance of each building permit for a hotel development that Public Works exceeds 100 rooms per gross acre within the Commercial Recreation (C -R) District (Development Area 1) within the Convention Center (CC) Medium density category, the property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner /developer shall implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the trips assumed by the City's traffic model. The form of the covenant shall be approved by the City Attorney's Office. - 19 - PC2014 -028 70 The property owner /developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Non - residential Buildings current at the time of application by at least 10 percent. planning and Building 71 The property owner /developer shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures public Utilities into the project. These measures may include but not be limited to use of Department solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. 72 The property owner /developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to public Works assist in mitigating existing and future storm drainage system deficiencies Department 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. -20- PC2014 -028 73 Building plans shall indicate that new developments will minimize planning and stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on -site water features, and other Building strategies. 74 Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection, The property owner /developer shall submit public Works project plans to the Public Works Department for review and approval to Streets and ensure that the plans comply with AB 939, the Solid Waste Reduction Act Sanitation 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. 75 Plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public public Works Works, Operations Division. On an ongoing basis, trash storage areas shall Streets and be provided and maintained in accordance with approved plans on file with Sanitation said Department. 76 The Property Owner /Developer shall demonstrate that the plans include public Works provisions for the installation of trash and recycle receptacles near all Streets and benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. Sanitation -21 - PC2014 -028 77 The Property Owner /Developer shall submit to the Planning Director or planning and Planning Services Manager for approval a Construction Waste Building Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. 78 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 approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. 79 Prior to commencement of structural framing on each parcel or lot, onsite Fire fire hydrants shall be installed and charged by the property owner /developer as required and approved by the Fire Department. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 80 The property owner /developer shall submit to the Planning and Building Planning and Department a letter from a licensed landscape architect certifying that all Building landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 81 Prior to final building and zoning inspections, root and sidewalk barriers Planning and shall be provided for trees within seven feet of public sidewalks. Building 82 The property owner /developer shall submit an earthquake emergency Fire response plan for review and approval by the Fire Department. The plan Department shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. 83 Prior to the removal of USTs, the property owner /developer shall obtain a Fire permit from the Environmental Protection Section of the Fire Department Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. 84 The property owner /developer shall submit a letter from a licensed Planning and landscape architect to the City certifying that the landscape installation and Building irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 85 The property owner /developer shall install piping on -site with project water Public Utilities mains so that reclaimed water may be used for landscape irrigation, if and Department when it becomes available. -22- PC2014 -028 86 The property owner /developer shall place emergency telephone service Fire numbers in prominent locations as approved by the Fire Department. Department 87 Prior to the placement of building materials on a building site, An all- Fire weather road shall be provided from the roadway system to and on the Department construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. 88 The property owner shall join and financially participate in a clean fuel Public Works shuttle program such as the Anaheim Resort Transit system, and shall Department, participate in the Anaheim Transportation Network in conjunction with the Traffic on -going operation of the project. The property owner shall also record a Engineering covenant on the property that requires participation in these programs ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 89 The property owner shall record a covenant on the property requiring that public Works ongoing during project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Department, Traffic Management (TDM) program for all employees. The form of the covenant Engineering 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. 90 The property owner /developer shall provide to the City of Anaheim Public public Works Works Department for review and approval a menu of TDM program Department strategies and elements for both existing and future employees' commute Traffic options, and incentives for hotel patrons' transportation options. These Engineering options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could -23- PC2014 -028 rideshare. c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on- site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single- occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and /or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and /or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial -24- PC2014 -028 -25- PC2014 -028 incentives for bicycling to work. p. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket /passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 91 Every property owner and /or lessee shall designate an on -site contact that Public Works will be responsible for coordinating with the ATN and implementing all Department, trip mitigation measures. The on -site coordinator shall be the one point of Traffic contact representing the project with the ATN. The TDM requirements Engineering shall be included in the lease or other agreement with all of the project participants. 92 That prior to final building and zoning inspection, fire lanes shall be posted Public Works with "No Parking Any Time." Said information shall be specifically shown Department, on plans submitted for building permits. Traffic Engineering 93 A separate water meter shall be installed for landscape water on all projects Planning and where the landscape area exceeds 2,500 square feet in accordance with Building Ordinance No. 6160. 94 The property owner /developer shall install an underground electrical Public Utilities service from the Public Utilities Distribution System. The Underground Department 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 Prior to final building and zoning inspections, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP Public Works, have been constructed and installed in conformance with approved plans Development and specifications. Services • Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. GENERAL / ONGOING DURING PROJECT CONSTRUCTION 96 Ongoing, the property owner /developer shall be responsible for the removal Planning and of any on -site graffiti within 24 hours of its application. Building -25- PC2014 -028 97 Ongoing during grading activities, the property owner /developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. Planning and Building 98 Ongoing during construction, the property owner /developer shall Planning and implement measures to reduce construction- related air quality impacts. Building These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth- moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. C. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. C. 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 -26- PC2014 -028 -27- PC2014 -028 instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. Use low sulfur fuel for equipment, to the extent practicable. 99 All on -site non - Public Realm landscaping and irrigation systems, and Planning and Public Realm landscaping and irrigation systems, within area in which Building dedication has not been accepted by the City, shall be maintained by the property owner /developer, in compliance with City standards. 100 Any tree planted within the Setback Realm shall be replaced in a timely Planning and manner in the event that it is removed, damaged, diseased and /or dead. Building 101 A licensed arborist shall be hired by the property owner /developer to be Planning and responsible for all tree trimming. Building 102 The property owner /developer shall implement measures to reduce Planning and emissions to the extent practical, schedule goods movements for off -peak Building traffic hours, and use clean fuel for vehicles and other equipment, as practicable. 103 The property owner /developer shall implement measures to reduce planning and construction- related air quality impacts. These measures shall include, but Building are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth - moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any -27- PC2014 -028 -28- PC2014 -028 spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and /or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. The property owner /developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. 104 Ongoing during remediation all remediation activities of surface or Fire subsurface contamination not related to USTs, conducted on behalf of the Department property owner /developer, shall be overseen by the Orange County Health Care Agency (OCHCA). Information on subsurface contamination from USTs shall be provided to the Public Utilities Department, Environmental Services Division. 105 In the event that hazardous waste, including asbestos, is discovered during Fire site preparation or construction, the property owner /developer shall ensure Department that the identified hazardous waste and /or hazardous material are handled -28- PC2014 -028 -29- PC2014 -028 and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. 106 The property owner /developer shall provide for the following: cleaning of Planning and all paved areas not maintained by the City of Anaheim on a monthly basis, Building including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. 107 The property owner /developer shall ensure that all internal combustion Planning and engines on construction equipment and trucks are fitted with properly Building maintained mufflers. 108 Pressure washing operations for purposes of building repair and Planning and maintenance due to graffiti or other aesthetical considerations shall be Building limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m. 109 Sweeping operations in the parking facilities and private on -site roadways Planning and shall be performed utilizing sweeping/scrubbing equipment which operate Building at a level measured not greater than 60 dBA at the nearest adjacent property line. 110 The property owner /developer shall pay for all reasonable costs associated Planning and with noise monitoring which shall include monitoring conducted by a Building certified acoustical engineer under the direction of the Planning and Building Department four times a year on a random basis to ensure that outdoor construction- related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 p.m. and 7:00 a.m. of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow -up monitoring conducted to confirm compliance. 111 The property owner /developer shall provide private security on the Police premises to maintain adequate security for the entire project subject to Department review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 112 If the Anaheim Police Department or the Anaheim Traffic Management Police Center (TMC) personnel are required to provide temporary traffic control Department services, the property owner /developer shall reimburse the City, on a fair - share basis, if applicable, for reasonable costs associated with such services. -29- PC2014 -028 113 The City shall continue to collaborate with the Metropolitan Water District Public Utilities of Southern California (MWD), its member agencies, and the Orange Department County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, § 10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10. 18.070 through 10.18.090, as appropriate. 114 The following practices shall be implemented, as feasible, by the property Public Works owner /developer: Department a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 115 The use of the guest dining area of the hotel shall be for paid hotel guests Planning only and shall not be open to the general public. No meals shall be provided or sold to the general public and the dining area shall not operate as a restaurant open to the public. 116 The use of the private water park within the hotel shall be for paid hotel Planning guests only and shall not be open to the general public. 117 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the licensee shall be removed or painted over within 24 Enforcement hours of being applied. 118 The parking lot of the premises shall be equipped with lighting of sufficient Police power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. 119 Exhibit "B" of this document containing the conditions of approval and Planning mitigation measures associated with this entitlement shall be prominently displayed on plans submitted for permits. 120 The subject Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. -30- PC2014 -028 121 nt shall defend, indemnify, and hold harmless the City and its Planning ficers, employees and agents (collectively referred to Fi vidually and collectively as "Indemnitees ") from any and all claims, proceedings brought against Indemnit ees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 122 The applicant is responsible for paying all charges related to the processing Planning of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. -31 - PC2014 -028