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Resolution-PC 2014-090RESOLUTION NO. PC2014 -090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN ADDENDUM TO THE PREVIOUSLY - CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340 FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN AND DETERMINING THAT SAID ENVIRONMENTAL DOCUMENTATION SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED CONDITIONAL USE PERMIT NO. 2006 - 0510313, ADMINSTRATIVE ADJUSTMENT NO. 2014 -00361 AND FINAL SITE PLAN NO. 2014 - 00008; AND APPROVING CONDITIONAL USE PERMIT NO. 2006- 05103B, ADMINSTRATIVE ADJUSTMENT NO. 2014 -00361 AND FINAL SITE PLAN NO. 2014 - 00008; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00064) (1900 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2006 - 05103B, Administrative Adjustment No. 2014 - 00361, and Final Site Plan No. 2014 -00008 to permit the expansion of an existing temporary parking lot with a wall height greater than permitted, and amend a condition of approval pertaining to a time limitation. (herein referred to as the "Proposed Project ") for certain real property located at 1900 South Harbor Boulevard 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, on June 26, 2006, the Planning Commission adopted Resolution No. PC2006 -59 approving Conditional Use Permit No. 2006 -05103 for a period of five years to permit a temporary parking lot; and WHEREAS, on August 17, 2009, the Planning Commission adopted Resolution No. PC2009 -073 approving Conditional Use Permit No. 2006- 05103A to expand the existing temporary parking lot to permit a phased build -out of up to 2,570 additional temporary parking spaces for use by guests of The Disneyland Resort; and WHEREAS, the Property, consisting of approximately 53 acres, is currently developed with a 4,313 -space tempoarary parking lot. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 6, 2014 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2006- 05103B, Administrative Adjustment No. 2014 - 00361, and Final Site Plan No. 2014 -00008 to investigate and make findings and recommendations in connection therewith; and -1- PC2014 -090 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 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 meetingiballroom 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 an Addendum to Final EIR No. 340 dated September 2014 (herein referred to as the "Addendum "), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared in order to determine whether any significant environmental impacts which were not identified in Final EIR No. 340 would result or whether previously identified significant impacts would be substantially more severe; and WHEREAS, in connection with the project proposed under Conditional Use Permit No. 2006- 05103B, Administrative Adjustment No. 2014 - 00361, and Final Site Plan No. 2014 -00008 (herein the "Proposed Project ") and the Planning Commission's review of the Addendum, the Planning Commission has independently reviewed the Addendum and Final EIR No. 340 and has exercised its independent judgment in making the findings and determinations set forth herein; and NOW, THEREFORE, BE IT RESOLVED that, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum to Final EIR No. 340, Final EIR No. 340, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; -2- PC2014 -090 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically; (a) There have not been any substantial changes in the Anaheim Resort Specific Plan or in any of the entitlements that were analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (ii) Significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that Final EIR No. 340, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 317 ( "MMP "), which is attached hereto as Exhibit C and incorporated herein by this reference, and was prepared for the Proposed Project and includes mitigation measures specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and -3- PC2014 -090 WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Proposed Project on the Property does find and determine the following facts: 1. The proposed conditional use permit request to permit the expansion of an existing temporary parking lot and amend a condition of approval pertaining to a time limitation in the Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) is properly one for which a conditional use permit is authorized under Section 18.116.070.040 (Automotive — Public Parking) of the Code; and 2. The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the Proposed Project is consistent and compatible with existing resort and tourism related uses in the zone. Landscaping and dense pine trees and a 16 -foot high sound wall would be added along the property lines shared with multi - family residential uses to providea buffer. Guests would continue to enter and exit from Harbor Boulevard; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project is designed to ensure its compatibility with surrounding land use. The Proposed Project would be located on approximately 5 acres within a larger 53 acre parking lot; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. WHEREAS, the Planning Commission does further find and determine that the request for an Administrative Adjustment should be approved for the following reasons: 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The proposed 16 -foot high sound wall would maximize sound attenuation and would ensure the proposed use does not generat noise levels in the adjacent residential areas which exceed that required under the Anaheim Municipal Code. The Proposed Project would meet all other Zoning Code requirements; 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment since the only alternative to processing the adjustment is to reduce the height of the wall; however, the height of the sound wall is supported by a noise study and a reduced wall height would not acheieve the necessary sound attenuation; -4- PC2014 -090 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The proposed landscaping, including dense pine trees, would conceal most of the proposed wall height. WHEREAS, the Planning Commission does further find and determine that the request for a Final Site Plan should be approved for the following reasons: 1. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan No. SP92 -2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code, with the exception of the conditional use permit request as described herein. 2. The design and layout of the Proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The 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 Conditional Use Permit No. 2006 - 0510313, Administrative Adjustment No. 2014 - 00361, and Final Site Plan No. 2014 - 00008, contingent upon and subject to the conditions of approval, which are described in Exhibit B , and attached hereto and incorporated herein by this reference. Said conditions are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code. -5- PC2014 -090 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 October 6, 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. QiTX RMAN, PLANNIW COMMISSION OF YHE CITY OF A&d4EIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2014 -090 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 October 6, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 6 th day of October, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -7- PC2014 -090 EXHIBIT "A" DEV NO. 2014 -00064 APN: 137 - 181 -13 137- 291 -04 1A 137- 181 -12 } W N W KATELLA AVE i^ z z V 1522' m 392' in M "S- d O N m � � O CO tD N Q 500' {/ 1 O O ("7 1419' � o W 2 H Z W L�1 J V N W ORANGEWOOD AVE L I IIIIIETFFF I I I I I I I FT /� o0o Source: Recorded Tract Maps and/or City GIS. `� Feet Please note the accuracy is +/- two to five feet. -8- PC2014 -090 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2006-05103B ADMINISTRATIVE ADJUSTMENT NO. 2014-00361 FINAL SITE PLAN NO. 2014-00008 (DEV2014- 00064) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL SITE PLAN APPROVAL 1 Prior to Final Site Plan approval, the location and configuration of all lighting Planning fixtures including ground- mounted lighting fixtures utilized to accent buildings, Department, landscape elements, or to illuminate pedestrian areas shall be shown on all Final Planning Division 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. (MM 5.1 -4) 2 Prior to the approval of each Final Site Plan, the property owner /developer shall Planning submit plans to the Police Department for review and approval for safety, Department, accessibility, crime prevention, and security provisions during both the Planning Services construction and operative phases for the purpose of incorporating safety Division; Police measures in the project design including the concept of crime prevention Department through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). (MM 5.12 -1) 3 Prior to the approval of each Final Site Plan and prior to the issuance of each Planning grading permit, plans shall be reviewed and approved by the Fire Department as Department, being in conformance with the Uniform Fire Code. (MM 5.12 -12) Planning Division; Fire Department 4 Prior to approval of the final site plan, the property owner /developer shall Planning provide written evidence to the satisfaction of the Fire Department that all Department, lockable pedestrian and /or vehicular access gates shall be equipped with "knox Planning Division; box" devices as required and approved by the Fire Department. (MM 5.12 -14) Fire Department 5 Prior to approval of the final site plan, the property owner /developer shall Planning submit a landscape and irrigation plan which shall be prepared and certified by Department, a licensed landscape architect. The irrigation plan shall specify methods for Planning Services monitoring the irrigation system. The system shall ensure that irrigation rates do Division; Public not exceed the infiltration of local soils, that the application of fertilizers and Utilities pesticides do not exceed appropriate levels of frequencies, and that surface Department, Water runoff and overwatering is minimized. The landscaping and irrigation plans Engineering shall include water - conserving features such as low flow irrigation heads, Division 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. (MM 5.15 -4) 6 Prior to approval of the Final Site Plan, plans shall specifically show that the Public Utilities water meter and backflow equipment and any other large water system Department, Water equipment will be installed to the satisfaction of the Public Utilities Engineering Department, Water Engineering Division, aboveground and behind the building Division -9- PC2014 -090 -10- PC2014 -090 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. (MM 5.15 -5) 7 Prior to approval of a Final Site Plan, the property owner /developer shall Public Utilities coordinate with the Public Utilities Department to incorporate feasible Department renewable energy generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. (MM 5.17 -4) 8 Prior to the approval of the final site plan, the site plan shall indicate that new Planning developments will minimize stormwater and urban runoff into drainage Department, facilities by incorporating design features such as detention basins, on -site water Building Services features, and other strategies. (MM 5.18 -3) Division PRIOR TO ISSUANCE OF GRADING PERMITS 9 The applicant shall submit to the City Engineer for review and approval, a soils Public Works and geological report for the area to be graded, based on proposed grading and Department, prepared by an engineering geologist and geotechnical engineer. All grading Engineering shall be in conformance with Title 17 of the Anaheim Municipal Code. Services 10 Prior to the issuance of the conditional use permit, the applicant shall submit to the Public Works Public Works Department Development Services Division for review and approval Department, a Final Water Quality Management Plan that: Engineering • Addresses Site Design Best Management Practices (BMPs) such as Services minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 11 That on -going during project operation, no required parking areas shall be fenced Public Works or otherwise enclosed for outdoor storage uses. Department, Traffic Engineering -10- PC2014 -090 12 Grading plans shall note that ongoing during construction, the property owner /developer shall implement measures to reduce construction- related air quality impacts. 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. 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. Use low sulfur fuel for equipment, to the extent practicable. (MM 5.2 -3) South Coast Air Quality Management District; Planning Department, Building Services Division; Public Works Department, Development Services Division -11- PC2014 -090 13 Prior to issuance of each grading permit (for Import/Export Plan) and prior to Public Works issuance of demolition permit (for Demolition Plan), the property Department, owner /developer shall submit Demolition and Import/Export plans. The plans Engineering shall include identification of offsite locations for materials export from the Services project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. (MM 5.2 -4) 14 Prior to the issuance of a demolition permit, grading permit, or building permit, Planning whichever occurs first, a survey for active raptor nests shall be conducted by a Department, qualified Biologist and submitted to the Planning Department 30 days prior to Building Services commencement of any demolition or construction activities during the raptor Division nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. (MM 5.3 -1) 15 Prior to the issuance of a demolition permit, grading permit, or building permit, Planning whichever occurs first, a letter detailing the proposed schedule for vegetation Department, removal activities shall be submitted to the Planning Department, verifying that Building Services removal shall take place between August 1 and February 28 to avoid the bird Division 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. (MM 5.3 -2) 16 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 Engineering ensure that the following actions are implemented: Services; Planning a. The archaeologist must be present at the pre - grading conference in Department, order to establish procedures for temporarily halting or redirecting work Planning Division 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 -12- PC2014 -090 -13- PC2014 -090 grading, the archaeologist shall notify the City as to when the final report will be submitted. (MM 5.4 -1) 17 The property owner /developer shall submit a letter identifying the certified Public Works, paleontologist that has been hired to ensure that the following actions are Engineering implemented: Services; Planning a. The paleontologist must be present at the pre - grading conference in order Department, to establish procedures to temporarily halt or redirect work to permit the Planning Division 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. (MM 5.4- 2) 18 Grading plans shall note that ongoing during grading activities, the property Planning and owner /developer shall implement standard practices for all applicable codes and Building ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Department, Building Services Division. (MM 5.5 -5) Building Services Division 19 Prior to issuance or grading permits, the property owner /developer shall submit Planning to the Planning and Building Department, Building Services Division geologic Department, and geotechnical investigations in areas of potential seismic or geologic hazards Building Services and provide a note on plans that all grading operations will be conducted in Division conformance with the recommendations contained in the applicable geotechnical investigation. (MM 5.5 -6) 20 Prior to issuance of the first grading or demolition permit, whichever occurs OC Health Care first, the property owner /developer shall submit a plan for review and approval Agency; of the Fire Department which details procedures that will be taken if previously Environmental unknown USTs, or other unknown hazardous material or waste, is discovered Protection Section onsite. (MM 5.7 -4) of the Fire Department 21 Ongoing during project construction, in the event that hazardous waste, OC Health Care including asbestos, is discovered during site preparation or construction, the Agency; property owner /developer shall ensure that the identified hazardous waste Environmental and/or hazardous material are handled and disposed of in the manner specified Protection Section by the State of California Hazardous Substances Control Law (Health and of the Fire Safety Code, Division 20, Chapter 6.5), and according to the requirements of Department; South the California Administrative Code, Title 30, Chapter 22. (MM 5.7 -6) Coast Air Quality Management District 22 Prior to issuance of the first grading permit, the property owner /developer shall Public Works submit a Master Drainage and Runoff Management Plan (MDRMP) for review Department, and approval by the Public Works Department, Development Services Division Development and Orange County (OC) Public Works /OC Engineering. The Master Plan shall Services Division include, but not be limited to, the following items: and Orange County (OC) Public -13- PC2014 -090 -14- PC2014 -090 a. Backbone storm drain layout and pipe size, including supporting hydrology Works /OC and hydraulic calculations for storms up to and including the 100 -year Engineering storm; and, Agency b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. (MM 5.8 -1) 23 Prior to issuance of a grading permit for sites that disturb more than one (1) acre Planning and of soil, the property owner /developer shall obtain coverage under the NPDES Building Statewide Industrial Stormwater Permit for General Construction Activities Department, from the State Water Resources Control Board. Evidence of attainment shall be Building Services submitted to the Planning and Building Department, Building Services Division Division. (MM 5.8 -2) 24 Prior to issuance of grading permits, the property owner /developer shall provide Planning written evidence that all storm drain, sewer, and street improvement plans shall Department, be designed and constructed to the satisfaction of the City Engineer. (MM 5.8- Building Services 6) Division 25 Ongoing during construction, the property owner /developer shall ensure that all Planning internal combustion engines on construction equipment and trucks are fitted Department, with properly maintained mufflers. (MM 5.10 -1) Building Services Division 26 Prior to issuance of each grading permit, a note shall be provided on plans Planning indicating that during construction, the property owner /developer shall install Department, and maintain specially designed construction barriers at the project perimeter Building Services areas. The construction sound barriers shall be a minimum height of 8 feet with Division 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. (MM 5.10 -5) 27 Ongoing during construction and project operation, sweeping operations in the Planning parking facilities and private on -site roadways shall be performed utilizing Department, sweeping /scrubbing equipment which operate at a level measured not greater Building Services than 60 dBA at the nearest adjacent property line. (MM 5.10 -7) Division 28 Prior to issuance of each grading permit, the property owner /developer shall Planning present plans and calculations to the Planning and Building Department, Department, Building Division to demonstrate that noise levels from planned mechanical Building Division 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. (MM 5.10 -10) 29 Prior to issuance of each grading permit, a note shall be provided on plans Planning indicating that there shall be no operation of large bulldozers or vibratory rollers Department, within 25 feet of any existing residence. (MM 5.10 -11) Planning Services Division 30 Prior to issuance of each grading permit, the project design shall include Planning parking lots and parking structures with controlled access points to limit ingress Department, and egress if determined to be necessary by the Police Department, and shall be Planning Division; subject to the review and approval of the Police Department. (MM 5.12 -4) Police Department -14- PC2014 -090 31 Prior to issuance of each grading permit, the property owner /developer shall 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. (MM 5.12 -6) Planning Department, Planning Division; Fire Department 32 Prior to issuance of each grading permit, plans shall be submitted to ensure that Planning development is in accordance with the City of Anaheim Fire Department Department, Standards, including: Planning Division; a. Overhead clearance shall not be less than 14 feet for the full width of Fire Department 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 grading 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. (MM 5.12 -8) 33 Prior to issuance of the first grading permit, the property owner /developer shall Planning enter into an agreement recorded against the property with the City of Anaheim Department, to pay or cause to be paid their fair share of the funding to accommodate the Planning Division; following, which will serve the Anaheim Resort Specific Plan area: Fire Department a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle /trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner /developer shall be based on an apportionment of the costs of such equipment /facilities among property owners /developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. (Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements.) (MM 5.12 -9) -15- PC2014 -090 34 Prior to issuance of each grading permit, the property owner /developer shall Planning submit a Construction Fire Protection Plan to the Fire Department for review Department, and approval detailing accessibility of emergency fire equipment, fire hydrant Planning Division; location, and any other construction features required by the Fire Marshal. The Fire Department property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. (MM 5.12 -11) 35 Prior to the placement of building materials on a building site, an all- weather Planning road shall be provided from the roadway system to and on the construction site Department, and for fire hydrants at all times, as required by the Fire Department. Such Planning Division; routes shall be paved or, subject to the approval of the Fire Department, shall Fire Department 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. (MM 5.12 -13) 36 Prior to approval of water improvement plans, the water supply system shall be Planning designed by the property owner /developer to provide sufficient fire flow Department, pressure and storage for the proposed land use and fire protection services in Planning Division; accordance with Fire Department requirements. (MM 5.12 -16) Fire Department 37 Prior to issuance of the first grading permit, the property owner /developer shall Public Works pay the appropriate Traffic Signal Assessment Fees and Transportation Impact Department, and Improvement Fees to the City of Anaheim in amounts determined by the Transit Planning; City Council Resolution in effect at the time of issuance of the grading permit Planning with credit given for City- authorized improvements provided by the property Department, owner /developer. The property owner shall also participate in all applicable Building Services reimbursement or benefit districts, which have been established. (MM 5.14 -2) Division 38 Ongoing during construction, if the Anaheim Police Department or the Police Department; Anaheim Traffic Management Center (TMC) personnel are required to provide Public Works temporary traffic control services, the property owner /developer shall reimburse Department, the City, on a fair -share basis, if applicable, for reasonable costs associated with Transit Planning such services. (MM 5.14 -7) 39 Prior to issuance of each grading permit (to be implemented prior to final Public Utilities building and zoning inspections, and continuing on an on -going basis during Department; project operation), the property owner/ developer shall submit to the Public Planning Utilities Department plans for review and approval which shall ensure that Department, water conservation measures are incorporated. The water conservation measures Building Services to be shown on the plans and implemented by the property owner /developer, to Division 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 -16- PC2014 -090 -17- PC2014 -090 lowest. i. Provide information to the public in conspicuous places regarding water conservation. J. Use of water conserving landscape plant materials wherever feasible. (MM 5.15 -1) 40 Prior to issuance of each grading permit, all water supply planning for the Public Utilities project will be closely coordinated with, and be subject to the review and final Department, Water approval of, the Public Utilities Department, Water Engineering Division and Engineering Fire Department. (MM 5.15 -2) Division and Fire Department 41 Prior to issuance of each grading permit, water pressure greater than 80 pounds Public Utilities per square inch (psi) shall be reduced to 80 psi or less by means of pressure Department, Water reducing valves installed at the property owner /developer's service. (MM 5.15- Engineering 3) Division 42 Prior to issuance of each grading permit, unless records indicate previous Public Utilities payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Department, Water Protection Service shall be paid to the Public Utilities Department, Water Engineering Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Division Utilities Department Water Rates, Rules and Regulations. (MM 5.15 -6) 43 Prior to the issuance of the first grading permit, the property owner /developer Public Utilities shall comply with Rule 15E of the Public Utilities Department Water Rates, Department, Water Rules, and Regulations. Rule 15E shall be amended to include: Engineering a. Construction of a new well with a minimum 1,500 GPM capacity to serve Division 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. (MM 5.15 -8) 44 Prior to approval of a final subdivision map or issuance of a grading or building Public Utilities permit, whichever occurs first, the property owner /developer shall participate in Department, Water the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Engineering Program to assist in mitigating existing and future sanitary sewer system Division 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 -17- PC2014 -090 -18- PC2014 -090 recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building /structure, whichever comes first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner /developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). (MM 5.16 -1) 45 Prior to issuance of each grading permit, the property owner /developer shall Public Utilities consult with the City of Anaheim Public Utilities Department, Business and Department, Community Programs Division in order to review energy efficient measures to Business incorporate into the project design. Prior to the final zoning inspection, the Community property owner developer shall implement these energy efficient measures Program Division which may include the following: a. High - efficiency air - conditioning systems with EMS (computer) control. b. Variable air volume (VAV) distribution. c. Outside air (100 %) economizer cycle. d. Staged compressors or variable speed drives to flow varying thermal loads. e. Isolated HVAC zone control by floors /separable activity areas. f. Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units). g. Use of occupancy sensors in appropriate spaces. h. Use of compact fluorescent lamps. i. Use of cold cathode fluorescent lamps. j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting. k. Use of Energy Star® exit lighting or exit signage. 1. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. m. Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. n. Consideration of thermal energy storage air - conditioning for spaces or facilities that may require air - conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. -18- PC2014 -090 -19- PC2014 -090 p. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems. b. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements. c. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. (MM 5.17 -1) 46 Prior to approval of a final subdivision map, or issuance of a grading or building Public Utilities permit, whichever occurs first, the property owner /developer shall participate in Department, Water the City's Master Plan of Storm Drains and related Infrastructure Improvement Engineering (Fee) Program to assist in mitigating existing and future storm drainage system Division 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. (MM 5.18 -1) 47 Prior to issuance of each grading permit; to be implemented prior to final Public Works zoning Inspection, the property owner /developer shall submit project plans to Department; OC the Public Works Department for review and approval to ensure that the plans Waste & Recycling comply with AB 939, the Solid Waste Reduction Act of 1989, as administered -19- PC2014 -090 -20- PC2014 -090 by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final 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. (MM 5.19 -1) 48 Prior to issuance of grading permits, plans shall show that trash storage areas Department of shall be provided and maintained in a location acceptable to the City of Public Works, Anaheim Department of Public Works, Operations Division. On an ongoing Operations basis, trash storage areas shall be provided and maintained in accordance with Division approved plans on file with said Department. (MM 5.19 -3) 49 Prior to issuance of each grading permit, the Property Owner/Developer shall Planning demonstrate that the plans include provisions for the installation of trash and Department, recycle receptacles near all benches and near high traffic areas such as plazas, Building Services transit stops and retail and dining establishments. (MM 5.19 -4) Division 50 Prior to issuance of each grading permit, the Property Owner/Developer shall Planning submit to the Planning Director or Planning Services Manager for approval a Department, Construction Waste Management Plan that, at a minimum, specifies that at least Planning Services 75 percent of non - hazardous construction and demolition debris shall be Division recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. (MM 5.19 -5) PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 51 Prior to final building and zoning inspections, the applicant shall submit a letter Planning detailing the operations pertaining to elimination of the toll booth queue. Should Department, queued guest vehicles reach Harbor Boulevard, the method to eliminate the Planning Division queue may include, but not be limited to, parking staff opening the entry gates to allow free flow of vehicles into the parking lot, free of charge, until the queue dissipates. A copy of the letter will be maintained on -site during operations. -20- PC2014 -090 52 Prior to final building and zoning inspections, the property owner /developer Planning shall submit to the Planning and Building Department a letter from a licensed Department, landscape architect certifying that all landscaping and irrigation systems have Planning Division; been installed in accordance with landscaping plans approved in connection Public Utilities with the Final Site Plan. (MM 5.1 -7) Department, Water Engineering Division 53 Prior to final building and zoning inspection, the property owner /developer shall Public Utilities implement, and demonstrate to the City, measures that are being taken to reduce Department operation - related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. (MM 5.2 -6) 54 Prior to each final building and zoning inspection, the property owner /developer Planning shall submit a letter from a licensed landscape architect to the City certifying Department, that the landscape installation and irrigation systems have been installed as Planning Services specified in the approved landscaping and irrigation plans. (MM 5.8 -4) Division; Public Utilities Department 55 Prior to final building and zoning inspection, the property owner /developer shall Public Utilities install piping on -site with project water mains so that reclaimed water may be Department used for landscape irrigation, if and when it becomes available. (MM 5.8 -5) 56 Prior to each final building and zoning inspection, the property owner /developer Planning shall place emergency telephone service numbers in prominent locations Department, as approved by the Fire Department. (MM 5.12 -10) Planning Division; Fire Department 57 Prior to final building and zoning inspections, a separate water meter shall be Public Utilities installed for landscape water on all projects where the landscape area exceeds Department, Water 2,500 square feet in accordance with Ordinance No. 6160. (MM 5.15 -7) Engineering Division 58 Prior to final building and zoning inspection, the property owner /developer shall Public Utilities install an underground electrical service from the Public Utilities Distribution Department System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (MM 5.17 -2) GENERAL / ONGOING DURING PROTECT OPERATION -21- PC2014 -090 59 This permit shall expire on October 6, 2024. Planning Department, Planning Division 60 Ongoing, should queued guest vehicles reach Harbor Boulevard, the method to Public Works, eliminate the queue may include, but not be limited to, parking staff opening the Traffic Engineering entry gates to allow free flow of vehicles into the parking lot, free of charge, until the queue dissipates. Additional methods may be utilized, subject to the approval of the Traffic Engineering Division. 61 Ongoing, the property owner /developer shall be responsible for the removal of Planning any on -site graffiti within 24 hours of its application. (MM 5.1 -3) Department, Planning Division 62 Ongoing, all on -site non - Public Realm landscaping and irrigation systems, and Planning Public Realm landscaping and irrigation systems, within area in which Department, dedication has not been accepted by the City, shall be maintained by the Planning Division; property owner /developer, in compliance with City standards. (MM 5.1 -8) Public Utilities Department, Water Engineering Division 63 Ongoing, a licensed arborist shall be hired by the property owner /developer to Planning be responsible for all tree trimming. (MM 5.1 -10) Department, Planning Division 64 Ongoing during project operations, the property owner /developer shall provide Public Works for the following: cleaning of all paved areas not maintained by the City of Department Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (MM 5.8 -3) 65 Ongoing during project operation, the property owner /developer shall provide Planning private security on the premises to maintain adequate security for the entire Department, project subject to review and approval of the Police Department. The use of Planning Services security patrols and electronic security devices (i.e., video monitors) should be Division; Police considered to reduce the potential for criminal activity in the area. (MM 5.12 -3) Department 66 Ongoing during project operation, the following practices shall be implemented, Planning as feasible, by the property owner /developer: Department, a. paper Usage of recycled a products for stationary, and packaging. g y p p p �' p g g Planning Services Division b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. (MM 5.19 -2) -22- PC2014 -090 EXHIBIT "C" CONDITIONAL USE PERMIT NO. 2006-05103B ADMINISTRATIVE ADJUSTMENT NO. 2014-00361 FINAL SITE PLAN NO. 2014-00008 (DEV2014- 00064) ADDENDUM TO SUPPLMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340, TOY STORY PARKING LOT EXPANSION MITIGATION MONITORING PROGRAM NO. 317 Terms and Definitions 1. Property Owner /Developer — The owner or developer of real property on the Toy Story Parking Lot Expansion project site. 2. Environmental Equivalent /Timing — Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency /timing shall be borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing — This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 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. -23- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion AESTHETICS MM 5.1 -3 Ongoing Ongoing, the property owner /developer shall be responsible for the removal of any Planning Department, on -site graffiti within 24 hours of its application. Planning Division MM 5.1 -4 Prior to Final Site Plan Prior to Final Site Plan approval, the location and configuration of all lighting fixtures Planning Department, approval including ground- mounted lighting fixtures utilized to accent buildings, landscape Planning Division elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down - lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. MM 5.1 -7 Prior to final building and Prior to final building and zoning inspections, the property owner /developer shall Planning Department, zoning inspections submit to the Planning and Building Department a letter from a licensed landscape Planning Division; architect certifying that all landscaping and irrigation systems have been installed in Public Utilities accordance with landscaping plans approved in connection with the Final Site Plan. Department, Water Engineering Division MM 5.1 -8 Ongoing Ongoing, all on -site non - Public Realm landscaping and irrigation systems, and Public Planning Department, Realm landscaping and irrigation systems, within area in which dedication has not Planning Division; been accepted by the City, shall be maintained by the property owner /developer, in Public Utilities compliance with City standards. Department, Water Engineering Division MM 5.1 -10 Ongoing Ongoing, a licensed arborist shall be hired by the property owner /developer to be Planning Department, responsible for all tree trimming. Planning Division AIR QUALITY MM 5.2 -3 Ongoing during construction Ongoing during construction, the property owner /developer shall implement measures South Coast Air Quality to reduce construction - related air quality impacts. These measures shall include, but Management District; are not limited to: Planning Department, a. Normal wetting procedures (at least twice daily) or other dust palliative Building Services Division; Public Works measures shall be followed during earth- moving operations to minimize Department, fugitive dust emissions, in compliance with the City of Anaheim Municipal Development Services Code including application of chemical soil stabilizers to exposed soils after Division 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 -24- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and /or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. I. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. -25- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion MM 5.2 -4 Prior to issuance of each Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance Public Works grading permit (for of demolition permit (for Demolition Plan), the property owner /developer shall submit Department, Import/Export Plan) and prior Demolition and Import/Export plans. The plans shall include identification of offsite Engineering Services to issuance of demolition locations for materials export from the project and options for disposal of excess permit (for Demolition Plan) material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. MM 5.2 -6 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall Public Utilities zoning inspection implement, and demonstrate to the City, measures that are being taken to reduce Department operation - related air quality impacts. These measures may include, but are not limited to the following: 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. -26- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion BIOLOGICAL RESOURCES MM 5.3 -1 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning Department, demolition permit, grading whichever occurs first, a survey for active raptor nests shall be conducted by a Building Services permit, or building permit, qualified Biologist and submitted to the Planning Department 30 days prior to Division whichever occurs first commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. MM 5.3 -2 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning Department, demolition permit, grading whichever occurs first, a letter detailing the proposed schedule for vegetation removal Building Services permit, or building permit, activities shall be submitted to the Planning Department, verifying that removal shall Division whichever occurs first take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. CULTURAL RESOURCES MM 5.4 -1 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit a Public Works, grading permit letter identifying the certified archaeologist that has been hired to ensure that the Engineering Services; following actions are implemented: Planning Department, a. The archaeologist must be present at the pre - grading conference in order to Planning Division establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading -27- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. MM 5.4 -2 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit a Public Works, grading permit letter identifying the certified paleontologist that has been hired to ensure that the Engineering Services; following actions are implemented: Planning Department, a. The paleontologist must be present at the pre - grading conference in order to Planning Division establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. GEOLOGY AND SOILS MM 5.5 -5 Ongoing during grading Ongoing during grading activities, the property owner /developer shall implement Planning and Building activities standard practices for all applicable codes and ordinances to prevent erosion to the Department, Building satisfaction of the Planning and Building Department, Building Services Division. Services Division MM 5.5 -6 Prior to issuance of grading Prior to issuance or grading permits, the property owner /developer shall submit to the Planning Department, permits Planning and Building Department, Building Services Division geologic and Building Services geotechnical investigations in areas of potential seismic or geologic hazards and Division provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. HAZARDS AND HAZARDOUS MATERIALS MM 5.7 -4 Prior to issuance of the first Prior to issuance of the first grading or demolition permit, whichever occurs first, the OC Health Care grading or demolition permit, property owner /developer shall submit a plan for review and approval of the Fire Agency; Environmental whichever occurs first Department which details procedures that will be taken if previously unknown USTs, Protection Section of -28- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion or other unknown hazardous material or waste, is discovered onsite. the Fire Department MM 5.7 -6 Ongoing during project Ongoing during project construction, in the event that hazardous waste, including OC Health Care construction asbestos, is discovered during site preparation or construction, the property Agency; Environmental owner /developer shall ensure that the identified hazardous waste and /or hazardous Protection Section of material are handled and disposed of in the manner specified by the State of the Fire Department; California Hazardous Substances Control Law (Health and Safety Code, Division 20, South Coast Air Quality Chapter 6.5), and according to the requirements of the California Administrative Code, Management District Title 30, Chapter 22. HYDROLOGY AND WATER QUALITY MM 5.8 -1 Prior to issuance of the first Prior to issuance of the first grading permit, the property owner /developer shall submit Public Works grading permit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval Department, by the Public Works Department, Development Services Division and Orange County Development Services (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited Division and Orange to, the following items: County (OC) Public a. Backbone storm drain layout and pipe size, including supporting hydrology and Y P�P 9 PP 9 Y 9Y Works /OC Engineering Agency hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. MM 5.8 -2 Prior to issuance of a grading Prior to issuance of a grading permit for sites that disturb more than one (1) acre of Planning and Building permit for sites that disturb soil, the property owner /developer shall obtain coverage under the NPDES Statewide Department, Building more than one (1) acre of soil Industrial Stormwater Permit for General Construction Activities from the State Water Services Division Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. MM 5.8 -3 Ongoing during project Ongoing during project operations, the property owner /developer shall provide for the Public Works operations following: cleaning of all paved areas not maintained by the City of Anaheim on a Department monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. MM 5.8 -4 Prior to each final building and Prior to each final building and zoning inspection, the property owner /developer shall Planning Department, zoning inspection submit a letter from a licensed landscape architect to the City certifying that the Planning Services landscape installation and irrigation systems have been installed as specified in the Division; Public Utilities approved landscaping and irrigation plans. Department MM 5.8 -5 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall install Public Utilities zoning inspection piping on -site with project water mains so that reclaimed water may be used for Department landscape irrigation, if and when it becomes available. -29- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion MM 5.8 -6 Prior to issuance of grading Prior to issuance of grading permits, the property owner /developer shall provide Planning Department, permits written evidence that all storm drain, sewer, and street improvement plans shall be Building Services designed and constructed to the satisfaction of the City Engineer. Division NOISE 5.10 -1 Ongoing during construction Ongoing during construction, the property owner /developer shall ensure that all Planning Department, internal combustion engines on construction equipment and trucks are fitted with Building Services properly maintained mufflers. Division 5.10 -5 Prior to issuance of each Prior to issuance of each grading permit, a note shall be provided on plans indicating Planning Department, grading permit, a note shall be that during construction, the property owner /developer shall install and maintain Building Services provided on plans indicating specially designed construction barriers at the project perimeter areas. The Division that during construction 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. 5.10 -7 Ongoing during construction Ongoing during construction and project operation, sweeping operations in the parking Planning Department, and project operation facilities and private on -site roadways shall be performed utilizing sweeping /scrubbing Building Services equipment which operate at a level measured not greater than 60 dBA at the nearest Division adjacent property line. 5.10 -10 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall present Planning Department, grading permit plans and calculations to the Planning and Building Department, Building Division to Building Division demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. 5.10 -11 Prior to issuance of each Prior to issuance of each grading permit, a note shall be provided on plans indicating Planning Department, grading permit that there shall be no operation of large bulldozers or vibratory rollers within 25 feet of Planning Services any existing residence. Division -30- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion PUBLIC SERVICES 5.12 -1 Prior to the approval of each Prior to the approval of each Final Site Plan, the property owner /developer shall Planning Department, Final Site Plan submit plans to the Police Department for review and approval for safety, accessibility, Planning Services crime prevention, and security provisions during both the construction and operative Division; Police phases for the purpose of incorporating safety measures in the project design Department including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 5.12 -3 Ongoing during project Ongoing during project operation, the property owner /developer shall provide private Planning Department, operation security on the premises to maintain adequate security for the entire project subject to Planning Services review and approval of the Police Department. The use of security patrols and Division; Police electronic security devices (i.e., video monitors) should be considered to reduce the Department potential for criminal activity in the area. 5.12 -4 Prior to issuance of each Prior to issuance of each grading permit, the project design shall include parking lots Planning Department, grading permit and parking structures with controlled access points to limit ingress and egress if Planning Division; determined to be necessary by the Police Department, and shall be subject to the Police Department review and approval of the Police Department. 5.12 -6 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit an Planning Department, grading permit emergency fire access plan to the Fire Department for review and approval to ensure Planning Division; Fire that service to the site is in accordance with Fire Department service requirements. Department 5.12 -8 Prior to issuance of each Prior to issuance of each grading permit, plans shall be submitted to ensure that Planning Department, grading permit development is in accordance with the City of Anaheim Fire Department Standards, Planning Division; Fire including: Department a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. 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 grading 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. -31- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. 5.12 -9 Prior to issuance of the first Prior to issuance of the first grading permit, the property owner /developer shall enter Planning Department, grading permit into an agreement recorded against the property with the City of Anaheim to pay or Planning Division; Fire cause to be paid their fair share of the funding to accommodate the following, which Department will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle /trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner /developer shall be based on an apportionment of the costs of such equipment/facilities among property owners /developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. (Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements.) 5.12 -10 Prior to each final building and Prior to each final building and zoning inspection, the property owner /developer shall Planning Department, zoning inspection place emergency telephone service numbers in prominent locations as approved by Planning Division; Fire the Fire Department. Department 5.12 -11 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit a Planning Department, grading permit Construction Fire Protection Plan to the Fire Department for review and approval Planning Division; Fire detailing accessibility of emergency fire equipment, fire hydrant location, and any other Department construction features required by the Fire Marshal. The property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. -32- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.12 -12 Prior to the approval of each Prior to the approval of each Final Site Plan and prior to the issuance of each grading Planning Department, Final Site Plan and prior to the permit, plans shall be reviewed and approved by the Fire Department as being in Planning Division; Fire issuance of each grading conformance with the Uniform Fire Code. Department permit 5.12 -13 Prior to the placement of Prior to the placement of building materials on a building site, an all- weather road shall Planning Department, building materials on a building be provided from the roadway system to and on the construction site and for fire Planning Division; Fire site hydrants at all times, as required by the Fire Department. Such routes shall be paved Department or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. 5.12 -14 Prior to approval of the final Prior to approval of the final site plan, the property owner /developer shall provide Planning Department, site plan written evidence to the satisfaction of the Fire Department that all lockable pedestrian Planning Division; Fire and /or vehicular access gates shall be equipped with "knox box' devices as required Department and approved by the Fire Department. 5.12 -16 Prior to approval of water Prior to approval of water improvement plans, the water supply system shall be Planning Department, improvement plans designed by the property owner /developer to provide sufficient fire flow pressure and Planning Division; Fire storage for the proposed land use and fire protection services in accordance with Fire Department Department requirements. TRANSPORTATION AND TRAFFIC 5.14 -2 Prior to issuance of the first Prior to issuance of the first grading permit, the property owner /developer shall pay the Public Works grading permit appropriate Traffic Signal Assessment Fees and Transportation Impact and Department, Transit Improvement Fees to the City of Anaheim in amounts determined by the City Council Planning; Planning Resolution in effect at the time of issuance of the grading permit with credit given for Department, Building City - authorized improvements provided by the property owner /developer. The property Services Division owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 5.14 -7 Ongoing during construction Ongoing during construction, if the Anaheim Police Department or the Anaheim Traffic Police Department; Management Center (TMC) personnel are required to provide temporary traffic control Public Works services, the property owner /developer shall reimburse the City, on a fair -share basis, Department, Transit if applicable, for reasonable costs associated with such services. Planning -33- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion WATER 5.15 -1 Prior to issuance of grading Prior to issuance of each grading permit (to be implemented prior to final building and Public Utilities permits (to be implemented zoning inspections, and continuing on an on -going basis during project operation), the Department; Planning prior to final building and property owner/ developer shall submit to the Public Utilities Department plans for Department, Building zoning inspections, and review and approval which shall ensure that water conservation measures are Services Division continuing on an on -going incorporated. The water conservation measures to be shown on the plans and basis during project operation) 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. 5.15 -2 Prior to issuance of each Prior to issuance of each grading permit, all water supply planning for the project will Public Utilities grading permit be closely coordinated with, and be subject to the review and final approval of, the Department, Water Public Utilities Department, Water Engineering Division and Fire Department. Engineering Division and Fire Department 5.15 -3 Prior to issuance of each Prior to issuance of each grading permit, water pressure greater than 80 pounds per Public Utilities grading permit square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing Department, Water valves installed at the property owner /developer's service. Engineering Division -34- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.15 -4 Prior to approval of the final Prior to approval of the final site plan, the property owner /developer shall submit a Planning Department, site plan landscape and irrigation plan which shall be prepared and certified by a licensed Planning Services landscape architect. The irrigation plan shall specify methods for monitoring the Division; Public Utilities irrigation system. The system shall ensure that irrigation rates do not exceed the Department, Water infiltration of local soils, that the application of fertilizers and pesticides do not exceed Engineering Division appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping and irrigation plans shall include water - conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water - conserving equipment. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. 5.15 -5 Prior to approval of the Final Prior to approval of the Final Site Plan, plans shall specifically show that the water Public Utilities Site Plan meter and backflow equipment and any other large water system equipment will be Department, Water installed to the satisfaction of the Public Utilities Department, Water Engineering Engineering Division 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. 5.15 -6 Prior to issuance of each Prior to issuance of each grading permit, unless records indicate previous payment, Public Utilities grading permit, unless records the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service Department, Water indicate previous payment shall be paid to the Public Utilities Department, Water Engineering Division in Engineering Division accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 5.15 -7 Prior to final building and Prior to final building and zoning inspections, a separate water meter shall be installed Public Utilities zoning inspections for landscape water on all projects where the landscape area exceeds 2,500 square Department, Water feet in accordance with Ordinance No. 6160. 1 Engineering Division -35- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5.15 -8 Prior to the issuance of the Prior to the issuance of the first grading permit, the property owner /developer shall Public Utilities first grading permit comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Department, Water Regulations. Rule 15E shall be amended to include: Engineering Division 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. SEWER 5.16 -1 Prior to approval of a final Prior to approval of a final subdivision map or issuance of a grading or building permit, Public Utilities subdivision map or issuance of whichever occurs first, the property owner /developer shall participate in the City's Department, Water a grading or building permit, Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to Engineering Division whichever occurs first assist in mitigating existing and future sanitary sewer system deficiencies as follows: The property owner /developer shall submit a report for review and approval of the City Engineer to assist in determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) does not increase flows or change points of discharge, then the property owner's /developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and /or (2) increases flows or changes points of discharge, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney of the impact prior to approval of a final subdivision map or issuance of a grading or building permit whichever occurs first, pursuant to the improvements identified in the South Central Area Sewer Deficiency Study. The property owner /developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building /structure, whichever comes first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the -36- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion sanitary sewer system, the property owner /developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). ELECTRICITY 5.17 -1 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall consult Public Utilities grading permit with the City of Anaheim Public Utilities Department, Business and Community Department, Business Programs Division in order to review energy efficient measures to incorporate into the Community Program project design. Prior to the final zoning inspection, the property owner developer shall Division implement these energy efficient measures which may include the following: a. High - efficiency air- conditioning systems with EMS (computer) control. b. Variable air volume (VAV) distribution. c. Outside air (100 %) economizer cycle. d. Staged compressors or variable speed drives to flow varying thermal loads. e. Isolated HVAC zone control by floors /separable activity areas. f. Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units). g. Use of occupancy sensors in appropriate spaces. h. Use of compact fluorescent lamps. i. Use of cold cathode fluorescent lamps. j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting. k. Use of Energy Star® exit lighting or exit signage. I. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. -37- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion m. Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. n. Consideration of thermal energy storage air - conditioning for spaces or facilities that may require air - conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems. b. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements. c. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 5.17 -2 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall install Public Utilities zoning inspection an underground electrical service from the Public Utilities Distribution System. The Department Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 5.17 -4 Prior to approval of a Final Site Prior to approval of a Final Site Plan, the property owner /developer shall coordinate Public Utilities Plan with the Public Utilities Department to incorporate feasible renewable energy Department generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. STORM WATER 5.18 -1 Prior to approval of a final Prior to approval of a final subdivision map, or issuance of a grading or building Public Utilities subdivision map, or issuance permit, whichever occurs first, the property owner /developer shall participate in the Department, Water of a grading or building permit, City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Engineering Division whichever occurs first Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: -38- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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. 5.18 -3 Prior to the approval of the Prior to the approval of the final site plan, the site plan shall indicate that new Planning Department, final site plan developments will minimize stormwater and urban runoff into drainage facilities by Building Services incorporating design features such as detention basins, on -site water features, and Division other strategies. PUBLIC UTILITIES 5.19 -1 Prior to issuance of each Prior to issuance of each grading permit; to be implemented prior to final zoning Public Works grading permit; to be Inspection, the property owner /developer shall submit project plans to the Public Department; OC Waste implemented prior to final Works Department for review and approval to ensure that the plans comply with AB & Recycling zoning Inspection 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim -39- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Number Timing Measure Responsible for Monitoring Completion and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final 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. 5.19 -2 Ongoing during project Ongoing during project operation, the following practices shall be implemented, as Planning Department, operation feasible, by the property owner /developer: Planning Services a. Usage of recycled paper products for stationary, letterhead, and packaging. 9 Y P P P rY, P 9� 9• Division b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. -40- PC2014 -090 TOY STORY PARKING LOT EXPANSION PROJECT Mitigation Measure Responsible for Number Timing Measure Monitoring Completion d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 5.19 -3 Prior to issuance of grading Prior to issuance of grading permits, plans shall show that trash storage areas shall be Department of Public permits provided and maintained in a location acceptable to the City of Anaheim Department Works, Operations of Public Works, Operations Division. On an ongoing basis, trash storage areas shall Division be provided and maintained in accordance with approved plans on file with said Department. 5.19 -4 Prior to issuance of each Prior to issuance of each grading permit, the Property Owner /Developer shall Planning Department, grading permit demonstrate that the plans include provisions for the installation of trash and recycle Building Services receptacles near all benches and near high traffic areas such as plazas, transit stops Division and retail and dining establishments. 5.19 -5 Prior to issuance of each Prior to issuance of each grading permit, the Property Owner /Developer shall submit Planning Department, grading permit to the Planning Director or Planning Services Manager for approval a Construction Planning Services Waste Management Plan that, at a minimum, specifies that at least 75 percent of non- Division 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. -41- PC2014 -090