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Resolution-PC 2014-084RESOLUTION NO. PC2014 -084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING FINAL SITE PLAN NO. 2014 -00004 FOR THE ANAHEIM CONVENTION CENTER EXPANSION PROJECT AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00023) (800 WEST KATELLA AVENUE — ANAHEIM CONVENTION CENTER) 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. 2014 -00004 to expand the Anaheim Convention Center, which would include the addition of up to 200,000 square feet of multi - purpose convention and meeting space and 1,364 parking spaces (herein referred to as the "Proposed Project "). The Anaheim Convention Center is located at 800 W. Katella Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Anaheim Convention Center is located within the boundaries of the Anaheim Resort Specific Plan and the Anaheim Resort Specific Plan Zone and is, therefore, subject to the zoning and development standards of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code "); 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, on September 27, 1994, the City Council adopted (i) Ordinance No. 5453, codifying the Zoning and Development Standards for the Anaheim Resort Specific Plan into the Anaheim Municipal Code and (ii) Ordinance No. 5454 rezoning properties into the Anaheim Resort Specific Plan (SP 92 -2) Zone; 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 adopted on December 18, 2012, the City Council certified Final Supplemental Environmental Impact Report No. 2008 -00340 ( "Final EIR No. 340 "), which reevaluated all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994 and contained an analysis of the potential environmental impacts of various entitlements and actions referenced therein, including, inter alia, entitlements permitting the maximum build -out of the Anaheim Resort Specific Plan, including an increase of up to 406,359 square feet of convention center space; and - I - PC2014 -084 WHEREAS, pursuant to paragraph .0204 (Environmental Review) of Subsection .020 (Final Site Plan Review and Approval) of Section 18.116.040 (Methods and Procedures for Specific Plan Implementation) of the Code, the Planning Commission hereby finds and determines that, in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and Title 14 of the California Code of Regulations (herein referred to as the "CEQA Guidelines "), the approvals required under CEQA for the Proposed Project have been made pursuant to the prior certification of MEIR No. 313 and Final EIR No. 340 (which Final EIR No. 340 included mitigation measures, a water supply assessment, a statement of overriding considerations and findings thereto), prior approvals of related resolutions and ordinances, and the prior filing of a notice of determination (collectively, the "EIR "); and WHEREAS, the Planning Commission hereby further finds and determines that the EIR is the appropriate environmental document for the actions approved by this Resolution, and that none of the conditions set forth in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of subsequent or supplemental environmental documentation have occurred, specifically because with respect to the actions approved by this Resolution there is not substantial evidence in light of the whole record that (i) substantial changes have been proposed to the Proposed Project, (ii) substantial changes have occurred with respect to the circumstances under which the Proposed Project is to be undertaken, and (iii) no new material information of substantial importance shows that any of the factors indicated in CEQA Guidelines Section 15162(a)(3) have occurred; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ( "MMP No. 315 ") has been prepared for the proposed Project and includes mitigation measures that are specific to the proposed Project; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to approve Final Site Plan 2014 -00004 does find and determine the following facts: 1. Subject to compliance with MMP No. 315 attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its Color and Materials Board and Plant Palette, as shown in Attachments 4, 5 and 6 of the September 22, 2014 Planning Commission Staff Report, complies with the Anaheim Resort Specific Plan (SP92 -2) and is consistent with the zoning and development standards of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) 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; -2- PC2014 -084 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; and 5. The Proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed Project. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of the proposed Final Site Plan, does hereby approve Final Site Plan No. 2014 - 00004, contingent upon and subject to implementation of the mitigation measures described in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. 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 September 22, 2014 meeting of the Planning Commission of the City of , C - IIAIRMAN, P"ING COMMISSION O E CITY NAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -084 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 22, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: CALDWELL ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 22 day of September, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -084 EXHIBIT "A" BEV2014 -00023 W KATELLA AVE -5- PC2014 -084 ®� Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. This page is intentionally blank. -6- PC2014 -084 EXHIBIT "B" ANAHEIM CONVENTION CENTER EXPANSION PROJECT 800 WEST KATELLA AVENUE FINAL SITE PLAN NO. 2014-00004 DEVELOPMENT PROJECT NO. 2014-00023 MITIGATION MONITORING PLAN NO. 315 Terms and Definitions 1. Property Owner/Developer — Tom Morton, Executive Director, Convention, Sports and Entertainment Department, City of Anaheim 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 and Building 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. 5. Ongoing Mitigation Measures — The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner /developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction," the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 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. PC2014 -084 This page is intentionally blank. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Final Site Plan Approval Department Responsible Mitigation Measure for Monitoring MM 5.12 -12: Prior to the approval of each Final Site Plan and prior to the issuance of each Fire 1. building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the California Fire and Building Codes. 2. MM 5.7 -7: Prior to approval of a Final Site Plan for a current or former hazardous waste Fire disposal site or solid waste disposal site, the project property owner /developer shall submit a Phase I Environmental Site Assessment to the City. If possible hazardous materials are identified during the site assessments, the appropriate response /remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and /or the Regional Water Quality Control Board (RWQCB), as appropriate. 3. MM 5.1 -13: Prior to Final Site Plan approval, plans shall show that the rear elevations of Planning and buildings visible from off -site areas shall be architecturally accented to portray a finished Building look. 4. MM 5.1 -4: Prior to Final Site Plan approval, the location and configuration of all lighting Planning and fixtures including ground- mounted lighting fixtures utilized to accent buildings, landscape Building 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 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. 5. MM 5.1 -1: Prior to final site plan approval, the property owner /developer shall submit a Planning and shade and shadow analysis to the Planning and Building Department for review and approval Building demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel /motel swimming pools, and residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. 6. MM 5.12 -1: Prior to the approval of each Final Site Plan and issuance of each building Police permit, the property owner /developer shall submit plans to the Police Department for review and approval for safety, accessibility, crime 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). 7. MM 5.17 -4: Prior to approval of a Final Site Plan, the property owner /developer shall Public coordinate with the Public Utilities Department to incorporate feasible renewable energy Utilities 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. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Final Site Plan Approval Department Responsible Mitigation Measure for Monitoring 8. MM 5.15 -5: 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 other large water Utilities system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 9. MM 5.14 -20: Prior to the approval of a Final Site Plan, the property owner /developer shall Public Works meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). 10. MM 5.14 -1: Prior to approval of a Final Site Plan for any project forecast to generate 100 or Public Works more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner /developer shall prepare traffic improvement phasing analyses to identify when the improvements identified in this traffic analysis shall be designed and constructed. 11. MM 5.14 -16: Prior to approval of a Final Site Plan for any project forecast to generate 100 or Public Works more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, property owners /developers will determine when the intersection improvements shall be constructed, subject to the conditions identified in MM 5.14 -1. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Final Site Plan Approval Department Responsible Mitigation Measure for Monitoring 12. MM 5.14 -17: Prior to approval of a Final Site Plan for any project forecast to generate 100 or Public Works more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, the following actions shall be taken in cooperation with the City of Orange: a. The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair -share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b. The City of Anaheim shall estimate the cost of the project's fair -share responsibility in cooperation with the City of Orange. c. The property owner /developer shall pay the City of Anaheim the fair -share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. 13. MM 5.14 -18: Prior to approval of a Final Site Plan for any project forecast to generate 100 or Public Works more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners /developers and the City will take the following actions in cooperation with Caltrans: a. The traffic study will identify the project's proportionate impact on the specific freeway mainline and /or freeway ramp locations and its fair -share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards, and methodologies established in the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. b. The City shall estimate the cost of the project's fair -share responsibility in cooperation with Caltrans. 14. MM 5.14 -15: Based upon the improvement phasing analysis in the project traffic study, the Public Works property owner /developer shall implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City's General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner /developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Approval the Final Subdivision Map or Department Issuance of Grading or Building Permits, Whichever Occurs First Responsible for Mitigation Measure Monitoring 15. MM 5.14 -3: 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 irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. 16. MM 5.14 -19: 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 identified fair - share responsibility as determined by the City as set forth in 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. 17. MM 5.16 -1: Prior to approval of a final subdivision map or issuance of a grading or Public Works building permit, whichever occurs first, the property owner /developer shall participate in the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies as follows: The property owner /developer shall submit a report for review and approval of the City Engineer to assist in determining the following: a. If the development /redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of discharge, then the property owner's /developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) increases flows or changes points of discharge, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney of the impact prior to approval of a final subdivision map or issuance of a grading or building permit whichever occurs first, pursuant to the improvements identified in the South Central Area Sewer Deficiency Study. The property owner /developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building /structure, whichever comes first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner /developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. The study shall determine the impact of the project sewer flows for total build out of the DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Approval the Final Subdivision Map or Department Issuance of Grading or Building Permits, Whichever Occurs First Responsible for Mitigation Measure Monitoring project and identify local deficiencies for each project component (i.e., each hotel). 18. MM 5.18 -1: Prior to approval of a final subdivision map, or issuance of a grading or Public Works building permit, whichever occurs first, the property owner /developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) 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 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. 19. MM 5.14 -14: 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 credit, completion guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Demolition, Grading Department or Building Permit, Whichever Occurs First Responsible for Mitigation Measure Monitoring 20. MM 5.7 -1: Prior to issuance of the first grading or demolition permit, whichever occurs first, Fire in areas of former service stations, in areas known or thought to have been previously occupied by USTs, and in areas where tank removal has not been verified prior to excavation or grading the property owner /developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. 21. MM 5.7 -4: Prior to issuance of the first grading or demolition permit, whichever occurs first Fire the property owner /developer shall submit a plan for review and approval by the Fire Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. 22. MM 5.7 -5: Prior to issuance of the first grading or demolition permit, whichever occurs first Fire for future developments within the Anaheim Resort Specific Plan area affecting any property on a published list of leaking underground storage tanks (LUST) that has not been officially closed or resolved, a qualified environmental professional, retained by 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 sampling shall be undertaken by a qualified environmental professional, and results of these analyses shall be submitted to the Fire Department and the Environmental Services Division of the Public Utilities Department for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. 23. MM 5.12 -6: Prior to issuance of each grading permit, the property owner /developer shall Fire submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 24. MM 5.3 -2: Prior to the issuance of a demolition permit, grading permit, or building permit, Planning and whichever occurs first, a letter detailing the proposed schedule for vegetation removal Building activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Demolition, Grading Department or Building Permit, Whichever Occurs First Responsible for Mitigation Measure Monitoring 25. MM 5.3 -1: Prior to the issuance of a demolition permit, grading permit, or building permit, Planning and whichever occurs first, a survey for active raptor nests shall be conducted by a qualified Building 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. 26. MM 5.2 -4: Prior to issuance of each grading permit (for Import/Export Plan) and prior to Planning and issuance of demolition permit (for Demolition Plan), the property owner /developer shall Building 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. 27. MM 5.19 -5: Prior to issuance of each grading and building permit, the Property Planning and Owner /Developer shall submit to the Planning Director or Planning Services Manager for Building approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. 28. MM 5.5 -6: Prior to issuance of building or grading permits, the property owner /developer Planning and shall submit to the Planning and Building Department, Building Services Division geologic Building and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 29. MM 5.15 -8: Prior to the issuance of the first building permit or grading permit, whichever Public occurs first, the property owner /developer shall comply with Rule 15E of the Public Utilities Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to 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. DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Demolition, Grading Department or Building Permit, Whichever Occurs First Responsible for Mitigation Measure Monitoring 30. MM 5.7 -5: Prior to issuance of the first grading or demolition permit, whichever occurs first Public for future developments within the Anaheim Resort Specific Plan area affecting any property Utilities on a published list of leaking underground storage tanks (LUST) that has not been officially closed or resolved, a qualified environmental professional, retained by 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 sampling shall be undertaken by a qualified environmental professional, and results of these analyses shall be submitted to the Fire Department and the Environmental Services Division of the Public Utilities Department for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. 31. MM 5.8 -1: Prior to issuance of the first grading or building permit, whichever occurs first, the Public Works property owner /developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. 32. MM 5.8 -2: Prior to issuance of a grading permit for sites that disturb more than one (1) acre Public Works of soil, the property owner /developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Public Works Department, Development Services Division. 33. MM 5.4 -2: Prior to issuance of each grading permit, the property owner /developer shall Public Works submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pre - grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. I artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 10 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Demolition, Grading or Building Permit, Whichever Occurs First Mitigation Measure Department Responsible for Monitoring 34. MM 5.4 -1: Prior to issuance of each grading permit, the property owner /developer shall Public Works submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pre - grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts 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. 35. MM 5.14 -5: 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 coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. 11 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Ongoing During Project Demolition and Construction Department Timing: Ongoing During Grading Activities Responsible Mitigation Measure for Mitigation Measure Monitoring 36. MM 5.7 -6: Ongoing during project demolition and construction, in the event that hazardous Fire waste, including asbestos, is discovered during site preparation or construction, the property Building owner /developer shall ensure that the identified hazardous waste and /or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. 37. MM 5.7 -2: Prior to the removal of USTs, the property owner /developer shall obtain a permit Fire from the Environmental Protection Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. 38. MM 5.7 -3: Ongoing during remediation, all remediation activities of surface or subsurface Public contamination not related to USTs, conducted on behalf of the property owner /developer, Utilities 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. ID # Department Timing: Ongoing During Grading Activities Responsible for Mitigation Measure Monitoring 39, MM 5.5 -5: Ongoing during grading activities, the property owner /developer shall implement Planning and standard practices for all applicable codes and ordinances to prevent erosion to the Building satisfaction of the Planning and Building Department, Building Services Division. 12 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Building Permit Mitigation Measure Department Responsible for Monitoring 40. MM 5.12 -9: Prior to issuance of the first building permit, the property owner /developer shall Fire enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: 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 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Building Permit Department Mitigation Measure Responsible for Monitoring 41. MM 5.12 -8: Prior to issuance of each building permit, plans shall be submitted to ensure that Fire development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off -site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner /developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 300 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 1,500 gpm. 42. MM 5.12 -11: Prior to issuance of each building permit, the property owner /developer shall Fire submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. 43. MM 5.12 -7: Prior to issuance of each building permit; to be implemented prior to the final Fire building and zoning inspection, plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers installed by the property owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 44. MM 5.12 -14: Prior to approval of building plans, the property owner /developer shall provide Fire 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. 14 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Building Permit Department Mitigation Measure Responsible for Monitoring 45. MM 5.2 -6: Prior to the issuance of each building permit, the property owner /developer shall Planning and implement, and demonstrate to the City, measures that are being taken to reduce operation- Building 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. 46. MM 5.2 -5: Prior to the issuance of each building permit, the property owner /developer shall Planning and comply with all SCAQMD offset regulations and implementation of Best Available Control Building Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. 47. MM 5.15 -4: Prior to the issuance of each building permit, the property owner /developer shall Planning and submit a landscape and irrigation plan which shall be prepared and certified by a licensed Building 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. 15 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Building Permit Department Mitigation Measure Responsible for Monitoring 48. MM 5.2 -2: Prior to the issuance of each building permit, the property owner /developer shall Planning and submit evidence that low emission paints and coatings are utilized in the design and Building 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 non - solvent -based coatings on buildings, wherever appropriate; b. Use solvent -based coatings, where they are necessary. 49. MM 5.1 -2: Prior to issuance of building permits, all plumbing or other similar pipes and Planning and fixtures located on the exterior of the building shall be shown on plans as fully screened from Building 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. 50. MM 5.12 -17: Prior to issuance of each building permit, the property owner /developer shall Planning and provide proof of compliance with Government Code Section 53080 (Schools). Building 51. MM 5.1 -12: Prior to issuance of each building permit, all air conditioning facilities and other Planning and roof and ground- mounted equipment shall be shown on plans as shielded from public view Building 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. 52. MM 5.10 -10: Prior to issuance of each building permit, the property owner /developer shall Planning and present plans and calculations to the Planning and Building Department, Building Division to Building demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. 53. MM 5.10 -9: Prior to issuance of each building permit, the property owner /developer shall Planning and present plans and calculations to the Planning Department, Building Division to demonstrate Building that noise levels would be less than 65 dBA CNEL 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. 16 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID 4 Timing: Prior to Issuance of the First Building Permit Department Mitigation Measure Responsible for Monitoring 54. MM 5.15 -3: Prior to issuance of each building permit, water pressure greater than 80 pounds Planning and per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves Building installed at the property owner /developer's service. 55. MM 5.17 -3: Prior to issuance of each building permit, the property owner /developer shall Planning and submit plans and calculations to the City of Anaheim Planning and Building Department, Building Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 56. MM 5.5 -3: Prior to issuance of each building permit, the property owner /developer shall Planning and submit plans to the Planning Department, Building Services Division for review and approval Building showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. 57. MM 5.5 -1: Prior to issuance of each building permit, the property owner /developer shall Planning and submit to the Planning and Building Department, Building Services Division for review and Building approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 58. MM 5.10 -12: Prior to issuance of each building permit if pile driving and blasting is Planning and anticipated during construction, a noise and vibration analysis must be prepared and Building submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. 59. MM 5.1 -11: Prior to issuance of each building permits, unless records indicate previous Planning and payment, a fee for street tree purposes shall be paid or cause to be paid to the City of Building Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner /developer. 60. MM 5.5 -2: Prior to issuance of each foundation permit, the property owner /developer shall Planning and submit a report prepared by a geotechnical engineer to the Planning and Building Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. 61. MM 5.12 -4: Prior to issuance of each building permit, the project design shall include parking Police lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. 17 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Building Permit Department Mitigation Measure Responsible for Monitoring 62. MM 5.12 -2: Prior to the issuance of each building permit for a parking structure, the property Police 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. 63. MM 5.15 -2: Prior to issuance of each building permit, all water supply planning for the Public project will be closely coordinated with, and be subject to the review and final approval of, Utilities the Public Utilities Department, Water Engineering Division and Fire Department. 64. MM 5.15 -6: Prior to issuance of each building permit, unless records indicate previous Public payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Utilities Service shall be paid to the Public Utilities Department, Water Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 65. MM 5.14 -2: 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 and Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 66. MM 5.14 -13: Prior to the issuance of building permits, plans shall show that all driveways Public Works shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer, 67. MM 5.14 -12: Prior to the issuance of the first building permit, the location of any proposed Public Works 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. 68. MM 5.8 -6: Prior to issuance of building permits, the property owner /developer shall provide Public Works written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. 18 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Issuance of the First Building Permit Department Mitigation Measure Responsible for Monitoring 69. MM 5.19 -1: 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 project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: a. Detailing the location and design of on -site recycling facilities. b. Providing on -site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation for hazardous material disposal. d. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner /developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: a. Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. 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. 70. MM 5.19 -3: Prior to issuance of building permits, plans shall show that trash storage areas Public Works shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. 71. MM 5.19 -4: Prior to issuance of each building permit, the Property Owner /Developer shall Public Works demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. 72. MM 5.18 -3: Prior to the issuance of building permits, the City shall require that building Public Works plans indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on -site water features, and other strategies. 19 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Approval of Water Plans Department Responsible Mitigation Measure for Monitoring 73. MM 5.12 -16: Prior to approval of water improvement plans, the water supply system shall be Fire 75, designed by the property owner /developer to provide sufficient fire flow pressure and storage Fire for the proposed land use and fire protection services in accordance with Fire Department requirements. ID # Timing: Prior to the Placement of Building Materials on a Building Site Department Responsible Mitigation Measure for Monitoring 74, MM 5.12 -13: Prior to the placement of building materials on a building site, an all- weather Fire 75, road shall be provided from the roadway system to and on the construction site and for fire 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 the California Fire Code, as adopted by the City of Anaheim. ID # Timing: Prior to Commencement of Structural Framing Department Responsible for Monitoring Mitigation Measure 75, MM 5.12 -5: 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. ID # Timing: Prior to the Removal of UST's Department Responsible for Monitoring Mitigation Measure 76. MM 5.7 -2: Prior to the removal of USTs, the property owner /developer shall obtain a permit Fire from the Environmental Protection Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. 20 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Ongoing During Construction Mitigation Measure Department Responsible for Monitoring 77. MM 5.10 -1: Ongoing during construction, the property owner /developer shall ensure that all Planning and internal combustion engines on construction equipment and trucks are fitted with properly Building maintained mufflers. 78. MM 5.2 -3: Ongoing during construction, the property owner /developer shall implement Planning and measures to reduce 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 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. in. 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 21 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Ongoing During Construction Department Responsible Mitigation Measure for Monitoring 82. temporary power generators, where practicable. Fire o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. 79. MM 5.10 -7: Ongoing during construction and project operation, sweeping operations in the Planning and parking facilities and private on -site roadways shall be performed utilizing Building sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 80. MM 5.10 -6: Ongoing during construction and project operation, pressure washing operations Planning and 84. for purposes of building repair and maintenance due to graffiti or other aesthetical Building considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. Building 81, MM 5.14 -7: Ongoing during construction, if the Anaheim Police Department or the Anaheim Police 85. Traffic Management Center (TMC) personnel are required to provide temporary traffic Planning and control services, the property owner /developer shall reimburse the City, on a fair - share basis, Public Works 86. if applicable, for reasonable costs associated with such services. Public ID # Timing: Prior to Each Final Building and Zoning Inspection Department Responsible Mitigation Measure for Monitoring 82. MM 5.12 -10: Prior to each final building and zoning inspection, the property Fire owner /developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. 83. MM 5.1 -7 and 5.8 -4: Prior to final building and zoning inspections, the property Planning and owner /developer shall submit to the Planning and Building Department a letter from a Building licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 84. MM 5.15 -7: Prior to final building and zoning inspections, a separate water meter shall be Planning and installed for landscape water on all projects where the landscape area exceeds 2,500 square Building feet in accordance with Ordinance No. 6160. 85. MM 5.1 -6: Prior to final building and zoning inspections, root and sidewalk barriers shall be Planning and provided for trees within seven feet of public sidewalks. Building 86. MM 5.8 -5: Prior to final building and zoning inspection, the property owner /developer shall Public install piping on -site with project water mains so that reclaimed water may be used for Utilities landscape irrigation, if and when it becomes available. 22 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Prior to Each Final Building and Zoning Inspection Mitigation Measure Department Responsible for Monitoring 87. MM 5.17 -2: Prior to final building and zoning inspection, the property owner /developer shall Public install an underground electrical service from the Public Utilities Distribution System. The Utilities 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. 88. MM 5.1 -5: Prior to final building and zoning inspections, private streets within the Anaheim Public Resort Specific Plan area shall have street lights installed which are compatible with the Utilities design standards used for the public streets as determined by the Public Utilities Department. 23 DEV2014- 00023: Anaheim Convention Center Expansion Applicable Measures from Updated and Modified Mitigation Monitoring Program No. 85C ID # Timing: Ongoing Department Responsible for Monitoring Mitigation Measure 89. MM 5.2 -1: Ongoing during project operation, the property owner /developer shall implement Planning and measures to reduce 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. 90. MM 5.1 -10: Ongoing, a licensed arborist shall be hired by the property owner /developer to be Planning and responsible for all tree trimming. Building 91. MM 5.1 -9: Ongoing, 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 92. MM 5.1 -3: Ongoing, the property owner /developer shall be responsible for the removal of any Planning and on -site graffiti within 24 hours of its application. Building 93. MM 5.12 -3: Ongoing during project operation, the property owner /developer shall provide Police private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 94. MM 5.15 -9: Ongoing, the City shall continue to collaborate with the Metropolitan Water Public District of Southern California (MWD), its member agencies, and the Orange County Water Utilities 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. 95. MM 5.19 -2: Ongoing during project operation, the following practices shall be implemented, as Public Works feasible, by the property owner /developer: 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. 24