Resolution-PC 2015-024RESOLUTION NO. PC2015 -024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN ADDENDUM TO THE PREVIOUSLY- CERTIFIED FINAL
SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340 FOR AMENDMENT
NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN AND FINAL ENVIRONMENTAL
IMPACT REPORT NO. 311 FOR THE DISNEYLAND RESORT SPECIFIC PLAN AND
DETERMINING THAT SAID ENVIRONMENTAL DOCUMENTATION SERVES AS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED
VARIANCE NO. 2014- 04996, FINAL SITE PLAN NO. 2014 -00010 AND
ADMINISTRATIVE ADJUSTMENT NO. 2015- 00364; AND APPROVING VARIANCE NO.
2014 - 04996, FINAL SITE PLAN NO. 2014-00010 AND ADMINISTRATIVE ADJUSTMENT
NO. 2015 -00364 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00134)
(1640 SOUTH CLEMENTINE STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Variance No. 2014 - 04996, Final
Site Plan No. 2014 -00010 and Administrative Adjustment No. 2015 -00364 to permit the
construction of a 172 -room, 5 -story hotel with one level of subterranean parking with street and
interior landscape setbacks that are narrower than required by the Anaheim Municipal Code (the
"Code ") and fewer parking spaces than required by the Code (collectively referred to herein as the
"Proposed Project ") for certain real property located at 1640 South Clementine Street in the City
of Anaheim, County of Orange, State of California, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately 3 acres, is developed with four
concrete tilt -up structures with first -story warehouse and second -story office spaces. The
Anaheim General Plan designates the Property for Commercial Recreation land uses. The
Property is located within the boundaries of both the Parking District (Development Areas 3A
and 313) and the C -R Overlay of the Disneyland Resort Specific Plan No. 92 -1 (SP 92 -1) Zone
(the "DRSP "). The DRSP permits the Property to be developed as parking facilities or,
alternatively, for the uses set forth in the Anaheim Resort Specific Plan No. 92 -2 Zone ( "ARSP ")
if the Property is not to be developed as part of The Disneyland Resort Specific Plan. Because
the Proposed Project consists of a hotel and related facilities, the Property and the Proposed
Project are subject to development in accordance with the zoning and development standards of
the C -R Overlay, which permits the uses set forth in the Commercial Recreation (C -R) District
(Development Area 1) of the ARSP, identified in Section 18.116.070 (Uses — Commercial
Recreation (C -R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific
Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Code. Therefore, the
Proposed Project is subject to the limitations prescribed in Section 18.114.050 (Land Use and
Site Development Standards — General) and subsection .060 (C -R Overlay Density) of Section
18.114.100 (C -R Overlay) of the DRSP and subsection .070 (Permitted Uses and Structures —
General) of Section 18.116.070 (Uses — Commercial Recreation (C -R) District (Development
Area 1)) of the ARSP; and
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WHEREAS, on June 29, 1993, the City Council adopted Ordinance No. 5377 for the
purpose of amending the zoning map to reclassify certain real property described therein into the
DRSP subject to certain conditions as specified therein. The City Council concurrently adopted
Ordinance No. 5378 for the purpose of establishing zoning and development standards for the
DRSP in the form of what was then known as Chapter 18.78 of the Code and is now known as
Chapter 18.114 (Disneyland Resort Specific Plan No. 92 -1 (SP 92 -1) Zoning and Development
Standards) of the Code; and
WHEREAS, in support of the adoption of the DRSP, the City Council certified Final
Environmental Impact Report No. 311 ( "FEIR No. 311 ") by the adoption on June 22, 1993 of its
Resolution No. 93R -107; and
WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort
Specific Plan to provide a long -range comprehensive plan for future development of
approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim
Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape
program, and a public facilities plan, intended to maximize the area's potential, guide future
development, and ensure a balance between growth and infrastructure. The Anaheim Resort
Specific Plan permits the development of hotel, convention, retail, and other visitor - serving uses,
as well as the infrastructure improvements that are needed to support future development; and
WHEREAS, on September 27, 1994, the City Council adopted Ordinance No. 5454 for
the purpose of amending the zoning map to reclassify certain real property described therein into
the ARSP subject to certain conditions as specified therein. The City Council concurrently
adopted Ordinance No. 5453 for the purpose of establishing zoning and development standards
for the ARSP in the form of what was then known as Chapter 18.48 of the Code and is now
known as Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2)
Zoning and Development Standards) of the Code; and
WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City
Council certified Master Environmental Impact Report ( "MEIR No. 313 ") by the adoption on
September 20, 1994 of its Resolution No. 94R -234; and
WHEREAS, by Resolution No. 2012 -158, the City Council certified Final Supplemental
Environmental Impact Report No. 2008 -00340 ( "SEIR No. 340 "), which reevaluated all of the
environmental changes that had occurred in and around the Anaheim Resort Specific Plan Area
since its adoption in 1994 and contained an analysis of the potential environmental impacts of
various entitlements and actions referenced therein, including, inter alia, entitlements permitting
the maximum build -out of the Anaheim Resort Specific Plan, including an increase of to 406,359
square feet of convention center space, 180,000 square feet of commercial development, 900
hotel rooms, and, 40,000 square feet of hotel meeting /ballroom space; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on March 23, 2015 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 Variance No. 2014 - 04996, Final Site
Plan No. 2014 -00010 and Administrative Adjustment No. 2015 -00364 to investigate and make
findings and recommendations in connection therewith; and
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WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA "), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS,an Addendum to FEIR No. 311 and SEIR No. 340, dated March 2015
(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 pursuant to
the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any
significant environmental impacts which were not identified in FEIR No. 311 and /or SEIR No.
340 would result or whether previously identified significant impacts would be substantially
more severe in connection with the Proposed Project; and
WHEREAS, in connection with the project proposed under Variance No. 2014 - 04996,
Administrative Adjustment No. 2014- 00361, and Final Site Plan No. 2014 -00008 and the
Planning Commission's review of the Addendum, the Planning Commission has independently
reviewed the Addendum, FEIR No. 311 and SEIR No. 340 and has exercised its independent
judgment in making the findings and determinations set forth herein; and
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request to construct a 172 -room, 5 -story hotel with one level of
subterranean parking with street and interior landscape setbacks that are narrower than required
by the Code and fewer parking spaces than required by the Code, has determined that Variance
No. 2014 -04996 should be approved for the following reasons:
SECTION NO. 18.114.100.080 Minimum interior setback.
(10 feet required; 5 to 10 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project. The property is an unusual L- shape, in
which the narrow width of both legs of the "L" present unique challenges to this site not
experienced by others. The Project complies with the setback requirement along the east interior
property line; however, this is not feasible along the north interior property line due to the
minimum widths for fire access and passenger drop off areas required for hotel developments.
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2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity due to the limited developable area, specifically the narrow width of
portions of the property.
SECTION NO. 18.114.100.090.0901 Minimum front yard setback.
(20 feet required; zero to 20 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project. The property is an unusual L- shape, in
which the narrow width of both legs of the "L" present unique challenges to this site not
experienced by others. Additionally, the project will be required to dedicate property to the
ultimate right -of -way, which includes the introduction of a new northbound right turn lane along
the full frontage of the property. The substantial amount of land required to be dedicated to
accommodate this requirement combined with the already narrow width provides for very little
developable area.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity due to the limited developable area, specifically the narrow width of
portions of the property.
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 Disneyland Resort Specific Plan No. SP92 -1 and is consistent with the
zoning and development standards of said Specific Plan, as described in Chapter 18.114 of the
Code, with the exception of the variance and administrative adjustment 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 architectural design of the Proposed Project is compatible with the character of
the surrounding hotels and development located within the land area of the Disneyland Resort
Specific Plan and adjacent 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.
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WHEREAS, the Planning Commission does further find and determine that the request
for Administrative Adjustment No. 2015 -00364 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(148 spaces required; 146 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off -
street parking spaces to be provided for the proposed use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use due to the proximity of the site to the Disneyland
Resort and Anaheim Convention Center, making walking and public transportation the preferred
choice for many guests; and
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on -site parking within the property will adequately accommodate
the parking demands of the hotel. Additionally, on- street parking is not permitted on the adjacent
public streets; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the on -site parking will adequately accommodate the
parking demands of the proposed hotel. The nearby parking lots consist of an access controlled
Disney owned parking lot and the adjacent vacant retail building which is physically separated
from this site by solid perimeter walls; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Anaheim, based upon a thorough review of the Proposed Project, the Addendum to Final EIR
No. 311 and SEIR No. 340, Final EIR No. 311, SEIR 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;
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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 Disneyland Resort Specific Plan
or the Anaheim Resort Specific Plan or in any of the entitlements that were analyzed in
FEIR No. 311 and SEIR No. 340 that require major revisions of FEIR No. 311 and /or
SEIR 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 FEIR No. 311
and /or SEIR 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 FEIR
No. 311 and SEIR No. 340 were 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
FEIR No. 311 or SEIR No. 340;
(ii) Significant effects previously examined will be substantially more severe than
shown in FEIR No. 311 or SEIR 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 FEIR No. 311 and SEIR 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 FEIR No. 311 and SEIR No. 340, together with the Addendum, are
adequate to serve as the required environmental documentation for the Proposed Project and that,
accordingly, the Addendum is hereby approved and adopted.
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and
considered Mitigation Monitoring and Reporting Program No. 322 ( "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
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BE IT FURTHER RESOLVED that the Planning Commission does hereby approve
Variance No. 2014 - 04996, Final Site Plan No. 2014 -00010 and Administrative Adjustment No.
2015- 00364, 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 the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED, that 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 23, 2015. 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.
CHAIRMAN, PL G COMMISSION
OFiHE CITY ANA EIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on March 23, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV N4. 2014 -00134
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2014-04996, FINAL SITE PLAN NO. 2014-00010 AND
ADMINISTRATIVE ADJUSTMENT NO. 2015-00364
(DEV2014- 00134)
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SIGNED
NO.
CONDITIONS OF APPROVAL
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OFF BY
PRIOR TO FINAL SITE PLANAPPROVAL
1
MM 5.12 -12: Prior to the approval of each Final Site Plan and prior to the
Fire
issuance of each building permit, plans shall be reviewed and approved by the Fire
Department as being in conformance with the Uniform Fire Code.
2
MM 5.1 -14: Prior to Final Site Plan approval, plans shall show that no
Planning and
shuttle/bus /vehicular drop -off areas shall be permitted in hotel/motel or vacation
Building
resort front setback area.
3
MM 5.1 -13: Prior to Final Site Plan approval, plans shall show that the rear
Planning and
elevations of buildings visible from off -site areas shall be architecturally accented
Building
to portray a finished look.
4
MM 5.1 -4: Prior to Final Site Plan approval, the location and configuration of all
Planning and
lighting fixtures including ground- mounted lighting fixtures utilized to accent
Building
buildings, landscape elements, or to illuminate pedestrian areas shall be shown on
all Final Site Plans. All proposed surface parking area lighting fixtures shall be
down - lighted with a maximum height of 12 feet adjacent to any residential
properties. All lighting fixtures shall be shielded to direct lighting toward the area
to be illuminated and away from adjacent residential property lines.
5
MM 5.10 -2: Prior to approval of each final site plan, the property owner /developer
Planning and
shall submit a noise study prepared by a certified acoustical engineer to the
Building
satisfaction of the Building Division Manager identifying whether noise
attenuation is required and defining the attenuation measures and specific
performance requirements, if warranted, to comply with the Uniform Building
Code and Sound Pressure Level Ordinance. Ultimate noise attenuation
requirements, if any, shall depend on the final location of such buildings and
noise - sensitive uses inside and surrounding the buildings. Attenuation measures
shall be implemented by the property owner /developer prior to final building and
zoning inspections.
6
MM 5.12 -1: Prior to the approval of each Final Site Plan and issuance of each
Police
building permit, the property owner /developer shall submit plans to the Police
Department for review and approval for safety, accessibility, crime prevention,
and security provisions during both the construction and operative phases for the
purpose of incorporating safety measures in the project design including the
concept of crime prevention through environmental design (e.g., building design,
circulation, site planning, and lighting of parking structures and parking areas).
7
MM 5.17 -4: Prior to approval of a Final Site Plan, the property owner /developer
Public Utilities
shall coordinate with the Public Utilities Department to incorporate feasible
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.
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SIGNED
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CONDITIONS OF APPROVAL
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8
MM 5.15 -5: Prior to approval of the Final Site Plan and building permits, plans
Public Utilities
shall specifically show that the water meter and backflow equipment and any other
large water system equipment will be installed to the satisfaction of the Public
Utilities Department, Water Engineering Division, aboveground and behind the
building setback line in a manner fully screened from all public streets and alleys
and in accordance with Ordinance No. 4156. Prior to the final building and zoning
inspections, the water meter and backflow equipment and any other large water
system equipment shall be installed to the satisfaction of the Public Utilities
Department, Water Engineering Division, in accordance with the Final Site Plan
and the building permit plans.
9
MM 5.14 -20: Prior to the approval of a Final Site Plan, the property
Public Works
owner /developer shall meet with the Traffic and Transportation Manager to
determine whether a bus stop(s) is required to be placed adjacent to the property.
If a bus stop(s) is required, it shall be placed in a location that least impacts traffic
flow and may be designed as a bus turnout or a far side bus stop as required by the
Traffic and Transportation Manager and per the approval of the Orange County
Transportation Authority (OCTA).
10
MM 5.14 -22: Subsequent to the certification of Final EIR No. 340, and prior to the
Public Works
approval of the first Final Site Plan, if the costs of the identified improvements in
Department
the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific
Plan cannot be covered by the total funding allocation under the existing City fee
programs and funding sources, an update of the existing City traffic fee program
or other fee programs shall be developed by the City of Anaheim to ensure
completion of the recommended improvements.
PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, WHICHEVER OCCURS FIRST
11
Prior to issuance of the grading permit, the applicant shall submit to the Public
Public Works
Works Development Services Division for review and approval a Final Water
Quality Management Plan that conforms with current Orange County Guidelines
and Requirements as well as the City's WQMP Requirements.
12
MM 5.14 -3: Prior to approval of the first final subdivision map or issuance of the
Public Works
first building permit, whichever occurs first, the property owner /developer shall
irrevocably offer for dedication (with subordination of easements), including
necessary construction easements, the ultimate arterial highway right(s) -of -way
adjacent to their property as shown in the Circulation Element of the Anaheim
General Plan.
13
MM 5.14 -19: Prior to the approval of the final subdivision map or issuance of
Public Works
building permits, whichever occurs first, the property owner /developer shall pay
the identified fair -share responsibility as determined by the City as set forth in
MM 5.14 -15, The City shall allocate the property owner /developer's fair -share
contribution to traffic mitigation programs that result in improved traffic flow on
the impacted mainline and ramp locations, via an agreement mutually acceptable
to Caltrans and the City.
14
MM 5.16 -1: Prior to approval of a final subdivision map or issuance of a grading
Public Works
or building permit, whichever occurs first, the property owner /developer shall
participate in the City's Master Plan of Sewers and related Infrastructure
Improvement (Fee) Program to assist in mitigating existing and future sanitary
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CONDITIONS OF APPROVAL
REVIEW
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OFF BY
sewer system deficiencies as follows:
The property owner /developer shall submit a report for review and approval of the
City Engineer to assist in determining the following:
a. If the development/redevelopment (1) does not discharge into a sewer system
that is currently deficient or will become deficient because of that discharge
and /or (2) does not increase flows or change points of discharge, then the
property owner's /developer's responsibility shall be limited to participation in
the Infrastructure Improvement (Fee) Program.
b. If the development/redevelopment (1) discharges into a sewer system that is
currently deficient or will become deficient because of that discharge and/or
(2) increases flows or changes points of discharge, then the property
owner /developer shall be required to guarantee mitigation to the satisfaction of
the City Engineer and the City Attorney of the impact prior to approval of a
final subdivision map or issuance of a grading or building permit whichever
occurs first, pursuant to the improvements identified in the South Central Area
Sewer Deficiency Study. The property owner /developer shall be required to
install the sanitary sewer facilities, as recommended by the South Central Area
Sewer Deficiency Study, prior to acceptance for maintenance of public
improvements by the City or final building and zoning inspections for the
building/structure, whichever comes first. Additionally, the property
owner /developer shall participate in the Infrastructure Improvement (Fee)
Program, as determined by the City Engineer, which may include fees, credits,
reimbursements, or a combination thereof. As part of guaranteeing the
mitigation of impacts for the sanitary sewer system, the property
owner /developer shall submit a sanitary sewer system improvement phasing
plan for the project to the City Engineer for review and approval which shall
contain, at a minimum, (1) a layout of the complete system, (2) all facility
sizes, including support calculations, (3) construction phasing, and
(4) construction estimates.
The study shall determine the impact of the project sewer flows for total build out
of the project and identify local deficiencies for each project component (i.e., each
hotel).
15
MM 5.18 -1: Prior to approval of a final subdivision map, or issuance of a grading
Public Works
or building permit, whichever occurs first, the property owner /developer shall
participate in the City's Master Plan of Storm Drains and related Infrastructure
Improvement (Fee) Program to assist in mitigating existing and future storm
drainage system deficiencies as follows:
The property owner /developer shall submit a report for review and approval by the
City Engineer to assist with determining the following:
a. If the specific development/redevelopment does not increase or redirect
current or historic storm water quantities /flows, then the property
owner /developer's responsibility shall be limited to participation in the
Infrastructure Improvement (Fee) Program to provide storm drainage facilities
in 10- and 25 -year storm frequencies and to protect properties /structures for a
100 -year storm frequency.
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SIGNED
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CONDITIONS OF APPROVAL
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OFF BY
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.
16
MM 5.14 -14: Prior to the issuance of building permits or final map approval,
Public Works
whichever occurs first, security in the form of a bond, certificate of deposit, letter
of credit, completion guarantee, or cash, in an amount and form satisfactory to the
City Engineer shall be posted with the City to guarantee the satisfactory
completion of all engineering requirements of the City of Anaheim, including
preparation of improvement plans and installation of all improvements, such as
curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer
and drainage facilities and other appurtenant work, as required by the City
Engineer and in accordance with the specifications on file in the office of the City
Engineer, as may be modified by the City Engineer. Installation of said
improvements shall occur prior to final building and zoning inspections.
17
MM 5.7 -4: Prior to issuance of the first grading or demolition permit, whichever
Fire
occurs first the property owner /developer shall submit a plan for review and
approval by the Fire Department which details procedures that will be taken if
previously unknown USTs, or other unknown hazardous material or waste, is
discovered onsite.
18
MM 5.12 -6: Prior to issuance of each grading permit, the property
Fire
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.
19
MM 5.3 -2: Prior to the issuance of a demolition permit, grading permit, or
Planning and
building permit, whichever occurs first, a letter detailing the proposed schedule for
Building
vegetation removal activities shall be submitted to the Planning and Building
Department, verifying that removal shall take place between August 1 and
February 28 to avoid the bird nesting season. This would ensure that no active
nests would be disturbed. If this is not feasible, then a qualified Biologist shall
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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.
20
MM 5.3 -1: Prior to the issuance of a demolition permit, grading permit, or
Planning and
building permit, whichever occurs first, a survey for active raptor nests shall be
Building
conducted by a qualified Biologist and submitted to the Planning and Building
Department 30 days prior to commencement of any demolition or construction
activities during the raptor nesting season (February 1 to June 30) and within 500
feet of a fan palm, juniper, or canary island pine. Should an active nest be
identified, restrictions defined by a qualified Biologist will be placed on
construction activities in the vicinity of any active nest observed until the nest is
no longer active, as determined by a qualified Biologist. These restrictions may
include a 300- to 500 -foot buffer zone designated around a nest to allow
construction to proceed while minimizing disturbance to the active nest. Once the
nest is no longer active, construction can proceed within the buffer zone.
21
MM 5.2 -4: Prior to issuance of each grading permit (for Import/Export Plan) and
Planning and
prior to issuance of demolition permit (for Demolition Plan), the property
Building
owner /developer shall submit Demolition and Import/Export plans. The plans
shall include identification of offsite locations for materials export from the
project and options for disposal of excess material. These options may include
recycling of materials onsite, sale to a soil broker or contractor, sale to a project in
the vicinity or transport to an environmentally cleared landfill, with attempts made
to move it within Orange County. The property owner /developer shall offer
recyclable building materials, such as asphalt or concrete for sale or removal by
private firms or public agencies for use in construction of other projects, if not all
can be reused on the project site.
22
MM 5.19 -5: Prior to issuance of each grading and building permit, the Property
Planning and
Owner /Developer shall submit to the Planning Director or Planning Services
Building
Manager for approval a Construction Waste Management Plan that, at a minimum,
specifies that at least 75 percent of non - hazardous construction and demolition
debris shall be recycled or salvaged and identifies the materials to be diverted
from disposal and whether the materials will be sorted on site or co- mingled.
23
MM 5.5 -6: Prior to issuance of building or grading permits, the property
Planning and
owner /developer shall submit to the Planning and Building Department, Building
Building
Services Division geologic and geotechnical investigations in areas of potential
seismic or geologic hazards and provide a note on plans that all grading operations
will be conducted in conformance with the recommendations contained in the
applicable geotechnical investigation.
24
MM 5.15 -8: Prior to the issuance of the first building permit or grading permit,
Public Utilities
whichever occurs first, the property owner /developer shall comply with Rule 15E
of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E
shall be amended to include:
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.
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25
MM 5.8 -1: Prior to issuance of the first grading or building permit, whichever
Public Works
occurs first, the property owner /developer shall submit a Master Drainage and
Runoff Management Plan (MDRMP) for review and approval by the Public
Works Department, Development Services Division and Orange County (OC)
Public Works /OC Engineering. The Master Plan shall include, but not be limited
to, the following items:
a. Backbone storm drain layout and pipe size, including supporting hydrology
and hydraulic calculations for storms up to and including the 100 -year storm;
and,
b. A delineation of the improvements to be implemented for control of project -
generated drainage and runoff.
26
MM 5.8 -2: Prior to issuance of a grading permit for sites that disturb more than
Public Works
one (1) acre of soil, the property owner /developer shall obtain coverage under the
NPDES Statewide Industrial Stormwater Permit for General Construction
Activities from the State Water Resources Control Board. Evidence of attainment
shall be submitted to the Public Works Department, Development Services
Division.
27
MM 5.4 -2: Prior to issuance of each grading permit, the property owner /developer
Public Works
shall submit a letter identifying the certified paleontologist that has been hired to
ensure that the following actions are implemented:
a. The paleontologist must be present at the pre - grading conference in order to
establish procedures to temporarily halt or redirect work to permit the
sampling, identification, and evaluation of fossils if potentially significant
paleontological resources are uncovered. 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.
28
MM 5.4 -1: Prior to issuance of each grading permit, the property owner /developer
Public Works
shall submit a letter identifying the certified archaeologist that has been hired to
ensure that the following actions are implemented:
a. The archaeologist must be present at the pre - grading conference in order to
establish procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of artifacts if potentially significant
artifacts are uncovered. If artifacts are uncovered and determined to be
significant, the archaeological observer shall determine appropriate actions in
cooperation with the property owner /developer for exploration and/or salvage.
b. Specimens that are collected prior to or during the grading process will be
donated to an appropriate educational or research institution.
c. Any archaeological work at the site shall be conducted under the direction of
the certified archaeologist. If any artifacts are discovered during grading
operations when the archaeological monitor is not present, grading shall
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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.
29
MM 5.14 -5: Prior to the issuance of grading permits, the property
Public Works
owner /developer shall provide to the City of Anaheim Public Works Department a
plan to coordinate rideshare services for construction employees with the Anaheim
Transportation Network (ATN) for review and a approval and shall implement
ATN recommendations to the extent feasible.
ONGOING DURING PROJECT DEMOLITIONAND CONSTRUCTION
30
MM 5.7 -6: Ongoing during project demolition and construction, in the event that
Fire
hazardous waste, including asbestos, is discovered during site preparation or
construction, the property owner /developer shall ensure that the identified
hazardous waste and/or hazardous material are handled and disposed of in the
manner specified by the State of California Hazardous Substances Control Law
(Health and Safety Code, Division 20, Chapter 6.5), and according to the
requirements of the California Administrative Code, Title 30, Chapter 22.
ONGOING DURING GRADING ACTIVITIES
31
MM 5.5 -5: Ongoing during grading activities, the property owner /developer shall
Planning and
implement standard practices for all applicable codes and ordinances to prevent
Building
erosion to the satisfaction of the Planning and Building Department, Building
Services Division.
PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT
32
The existing sanitary sewer facilities within footprint of the new strusture shall be
Public Works
removed and relocated.
33
The property owner shall irrevocably offer to dedicate in a signed deed to the City
Public Works
of Anaheim an easement for road, public utilities and other public purposes as
required per the Disneyland and Anaheim Resort Specific Plans with a variable
width of 98' (Supplemental Intersection Lane Layout) to 92' (Disneyland Resort
Specific Plan) to 87' (Anaheim Resort Specific Plan).
34
The developer shall submit street improvement plans to the Public Works
Public Works
Department, Development Services Division to improve Clementine Street per the
Anaheim Resort standards, including planting and irrigation for the public
parkway to the Public Works Department, Development Services Division. The
parkway irrigation shall be connected to the on -site irrigation system and
maintained by the property owner. A bond shall be posted in an amount approved
by the City Engineer and a form approved by the City Attorney prior to issuance
of a building permit. A Right of Way Construction Permit shall be obtained from
the Development Services for all work performed in the right -of -way. The
improvements shall be constructed prior to final building and zoning inspections.
35
Plans submitted for building permits shall show any proposed gates and shall
Public Works
demonstrate that said gates shall not be installed across any driveway in a manner
which may adversely affect vehicular traffic on the adjacent public streets and that
installation of any gates shall conform to the current version of Engineering
Standard Detail 475. The location of any proposed gates shall be subject to the
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review and approval of the City Traffic and Transportation Manager.
36
Plans submitted for building permits shall indicate any required utility vehicle
Public Works
hammerhead turn around areas, and that said hammerhead turn areas shall
conform to the current version of Engineering Standard Detail 476.
37
Plans submitted for building permits shall indicate that all fire lanes shall be
Public Works
posted with "No Parking Any Time."
38
MM 3.10.7 -5 (FEIR No. 311, MMP No. 67): Prior to issuance of the first building
Public Works
permit for development of a facility other than parking in the Future Expansion
District, the applicant shall enter into an agreement with the City of Anaheim to
pay or cause to be paid its fair share of funding for the following improvements:
• The applicable segments of a City sewer replacement or parallel line to an
existing 18 -inch City sewer line in Orangewood Avenue from the existing
24 -inch District trunk sewer line at Ninth Street to a point of west of I -5.
This will be necessary for construction of the Future Expansion District or
any other developments in the Commercial Recreation Area south of
Katella and West of 1 -5. This mitigation will be readdressed in subsequent
environmental review for the Future Expansion District.
• A City sewer main replacement or parallel line in Harbor Boulevard from
Convention Way to Orangewood Avenue.
The City recognizes that these improvements will serve not only the applicant but
also other property owners /developers in the Specific Plan area, the Anaheim
Resort, and the service area, each of which should contribute its allocable share of
the cost of these improvements. To implement this requirement as it applies to
other property owners /developers in the Specific Plan area, the Anaheim Resort,
and the service area, the City shall, and shall make appropriate arrangements with
other public agencies, if any, to reimburse the applicant to the extent that its
contributions for these improvements exceed the applicant's allocable share of the
cost. Such arrangements shall include one or more of the following: (1) creation of
integrated financing districts; (2) entry into a reimbursement agreement with the
applicant; (3) creation of appropriate community facilities districts, assessment
districts, and/or use of similar public financing districts and /or mechanisms; and
(4) creation of other such mechanisms or districts as may be appropriate to provide
for the reimbursement of these costs. The determination of the allocable share of
improvement costs attributable to the applicant and other property
owners /developers, and reimbursement amounts, shall be based on an
apportionment of the costs of such improvements among property
owners /developers, including the applicant, in the Specific Plan area, the Anaheim
Resort, or otherwise defined service area, as applicable, depending on the area
served.
To implement this mitigation measure, the City has adopted the Sewer Impact and
Improvement Fee Program for the South Central City Area. Compliance with this
Fee Program by the property owner /developer (per Ordinance No. 5490 and
Resolution No. 95R -60 dated April 18, 1995) shall satisfy the requirements of this
Mitigation Measure, or the City may enter into alternative financing arrangements
with the applicant.
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39
MM 5.12 -9: Prior to issuance of the first building permit, the property
Fire
owner /developer shall enter into an agreement recorded against the property with
the City of Anaheim to pay or cause to be paid their fair share of the funding to
accommodate the following, which will serve the Anaheim Resort Specific Plan
area:
a. One additional fire truck company.
b. One additional paramedic company.
c. Modifications to existing fire stations to accommodate the additional fire
units, additional manpower, equipment and facilities.
d. A vehicle equipped with specialty tools and equipment to enable the Fire
Department to provide heavy search and rescue response capability.
e. A medical triage vehicle /trailer, equipped with sufficient trauma dressings,
medical supplies, stretchers, etc., to handle 1,000 injured persons, and an
appropriate storage facility.
The determination of the allocable share of costs attributable to the property
owner /developer shall be based on an apportionment of the costs of such
equipment/facilities among property owners /developers in the Hotel Circle
Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim
Resort Specific Plan Area or the otherwise defined service area, as applicable,
depending on the area served.
Note: To implement this mitigation measure, the City has adopted the Fire
Protection Facilities and Paramedic Services Impact Fee Program. Compliance with
this Program by the property owner /developer (per Ordinance No. 5496 and
Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this
Mitigation Measure, or the City may enter into alternative financing arrangements.
40
MM 5.12 -8: Prior to issuance of each building permit, plans shall be submitted to
Fire
ensure that development is in accordance with the City of Anaheim Fire
Department Standards, including:
a. Overhead clearance shall not be less than 14 feet for the full width of access
roads.
b. Bridges and underground structures to be used for Fire Department
access shall be designed to support Fire Department vehicles weighing 75,000
pounds.
c. All underground tunnels shall have sprinklers. Water supplies are required at
all entrances. Standpipes shall also be provided when determined to be
necessary by the Fire Department.
d. Adequate off -site public fire hydrants contiguous to the Specific Plan area and
onsite private fire hydrants shall be provided by the property owner /developer.
The precise number, types, and locations of the hydrants shall be determined
during building permit review. Hydrants are to be a maximum of 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.
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41
MM 5.12 -11: Prior to issuance of each building permit, the property
Fire
owner /developer shall submit a Construction Fire Protection Plan to the Fire
Department for review and approval detailing accessibility of emergency fire
equipment, fire hydrant location, and any other construction features required by
the Fire Marshal. The property owner /developer shall be responsible for securing
facilities acceptable to the Fire Department and hydrants shall be operational with
required fire flow.
42
MM 5.12 -7: Prior to issuance of each building permit; to be implemented prior to
Fire
the final building and zoning inspection, plans shall indicate that all buildings,
exclusive of parking structures, shall have sprinklers installed by the property
owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers
shall be installed prior to each final building and zoning inspection.
43
MM 5.12 -14: Prior to approval of building plans, the property owner /developer
Fire
shall provide written evidence to the satisfaction of the Fire Department that all
lockable pedestrian and/or vehicular access gates shall be equipped with "knox
box" devices as required and approved by the Fire Department.
44
MM 5.14 -11: Prior to the recordation of a subdivision map or issuance of the first
Planning and
building permit, whichever occurs first, in the event that a parcel is subdivided and
Building
there is a need for common on -site circulation and/or parking, prior to recordation
of a subdivision map, an unsubordinated covenant providing for reciprocal access
and /or parking, as appropriate, approved by the Planning Director or Planning
Services Manager, shall be recorded with the Office of the Orange County
Recorder. A copy of the recorded covenant shall then be submitted to the Planning
Division of the Planning and Department. If the reciprocal access is across parcel
lines or if public rights of way are required for reciprocal access; Public Works
approval shall be required.
45
MM 5.2 -7: Prior to issuance of the first building permit, the property
Planning and
owner /developer shall submit a human health risk assessment (HRA) for any
Building
proposed sensitive land uses (according to SCAQMD standards at that time) to be
located within 500 feet of the near edge of the I -5 freeway unless it is
demonstrated that the health risks have been determined to be acceptable
according to the standards of the SCAQMD at the time of building permit
application.
46
MM 5.12 -19: Prior to the issuance of a building permit, the property
Planning and
owner /developer shall comply with the Anaheim Municipal Code, Section
Building
17.08.385, Public Library Facilities Services Areas — Payment of Fees Required.
47
MM 5.2 -6: Prior to the issuance of each building permit, the property
Planning and
owner /developer shall implement, and demonstrate to the City, measures that are
Building
being taken to reduce operation - related air quality impacts. These measures may
include, but are not limited to the following:
a. Improve thermal integrity of structures and reduced thermal load through use
of automated time clocks or occupant sensors.
b. Incorporate efficient heating and other appliances.
c. Incorporate energy conservation measures in site orientation and in building
design, such as appropriate passive solar design.
d. Use drought- resistant landscaping wherever feasible to reduce energy used in
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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.
48
MM 5.2 -5: Prior to the issuance of each building permit, the property
Planning and
owner /developer shall comply with all SCAQMD offset regulations and
Building
implementation of Best Available Control Technology (BACT) and Best
Available Retrofit Control Technology (BARCT) for any new or modified
stationary source. Copies of permits shall be given to the Planning and Building
Department.
49
MM 5.15 -4: Prior to the issuance of each building permit, the property
Planning and
owner /developer shall submit a landscape and irrigation plan which shall be
Building
prepared and certified by a licensed landscape architect. The irrigation plan shall
specify methods for monitoring the irrigation system. The system shall ensure
that irrigation rates do not exceed the infiltration of local soils, that the application
of fertilizers and pesticides do not exceed appropriate levels of frequencies, and
that surface runoff and overwatering is minimized. The landscaping and irrigation
plans shall include water - conserving features such as low flow irrigation heads,
automatic irrigation scheduling equipment, flow sensing controls, rain sensors,
soil moisture sensors, and other water - conserving equipment. The landscaping and
irrigation plans shall indicate that separate irrigation lines for recycled water shall
be constructed and recycled water will be used when it becomes available. All
irrigation systems shall be designed so that they will function properly with
recycled water.
50
MM 5.2 -2: Prior to the issuance of each building permit, the property
Planning and
owner /developer shall submit evidence that low emission paints and coatings are
Building
utilized in the design and construction of buildings, in compliance with SCAQMD
regulations. The information shall be denoted on the project plans and
specifications. The property owner /developer shall submit an architectural coating
schedule and calculations demonstrating that VOC emissions from architectural
coating operations would not exceed 75 pounds per day averaged over biweekly
periods. The calculations shall show, for each coating, the surface area to be
coated, gallons (or liters) of coating per unit surface area, and VOC content per
gallon (or liter). The property owner /developer shall also implement the following
to limit emissions from architectural coatings and asphalt usage:
a. Use non - solvent -based coatings on buildings, wherever appropriate;
b. Use solvent -based coatings, where they are necessary.
51
MM 5.1 -2: Prior to issuance of building permits, all plumbing or other similar
Planning and
pipes and fixtures located on the exterior of the building shall be shown on plans
Building
as fully screened from view of adjacent public rights -of -way and from adjacent
properties by architectural devices and /or appropriate building materials. A note
indicating that these improvements will be installed prior to final building and
zoning inspections shall be specifically shown on the plans submitted for building
permits.
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52
MM 5.12 -17: Prior to issuance of each building permit, the property
Planning and
owner /developer shall provide proof of compliance with Government Code
Building
Section 53080 (Schools).
53
MM 5.1 -12: Prior to issuance of each building permit, all air conditioning
Planning and
facilities and other roof and ground- mounted equipment shall be shown on plans
Building
as shielded from public view and the sound buffered to comply with City of
Anaheim noise ordinances from any adjacent residential or transient- occupied
properties. A note indicating that these improvements shall be installed prior to
final building and zoning inspections shall be specifically shown on the plans
submitted for building permits.
54
MM 5.10 -10: Prior to issuance of each building permit, the property
Planning and
owner /developer shall present plans and calculations to the Planning and Building
Building
Department, Building Division to 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.
55
MM 5.10 -9: Prior to issuance of each building permit, the property
Planning and
owner /developer shall present plans and calculations to the Planning Department,
Building
Building Division to demonstrate that noise levels would be less than 65 dBA
CNEL for outdoor use areas (including dining patios, pools, playgrounds, or
outdoor gathering areas). This requirement can be accomplished through shielding
areas behind buildings or the construction of a noise barrier.
56
MM 5.17 -3: Prior to issuance of each building permit, the property
Planning and
owner /developer shall submit plans and calculations to the City of Anaheim
Building
Planning and Building Department, Building Division, to demonstrate that the
energy efficiency of each building will exceed the Title 24 Energy Efficiency
Standards for Residential and Nonresidential Buildings current at the time of
application by at least 10 percent.
57
MM 5.5 -3: Prior to issuance of each building permit, the property
Planning and
owner /developer shall submit plans to the Planning Department, Building Services
Building
Division for review and approval showing that the proposed structure has been
analyzed for earthquake loading and designed according to the most recent seismic
standards in the California Building Code adopted by the City of Anaheim.
58
MM 5.5 -1: Prior to issuance of each building permit, the property
Planning and
owner /developer shall submit to the Planning and Building Department, Building
Building
Services Division for review and approval, detailed foundation design information
for the subject building(s), prepared by a civil engineer, based on
recommendations by a geotechnical engineer.
59
MM 5.10 -12: Prior to issuance of each building permit if pile driving and blasting
Planning and
is anticipated during construction, a noise and vibration analysis must be prepared
Building
and submitted to the Planning and Building Department, Building Division, to
assess and mitigate potential noise and vibration impacts related to these activities.
60
MM 5.1 -1 l: Prior to issuance of each building permits, unless records indicate
Planning and
previous payment, a fee for street tree purposes shall be paid or cause to be paid to
Building
the City of Anaheim based on the length of street frontage in an amount as
established by City Council resolution or credit against the fee given for City
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authorized improvements installed by the property owner /developer.
61
MM 5.5 -2: Prior to issuance of each foundation permit, the property
Planning and
owner /developer shall submit a report prepared by a geotechnical engineer to the
Building
Planning and Building Department, Building Services Division for review and
approval, which shall investigate the subject foundation excavations to determine
if soft layers are present immediately beneath the footing site and to ensure that
compressibility does not underlie the footing.
62
MM 5.12 -4: Prior to issuance of each building permit, the project design shall
Police
include parking lots and parking structures with controlled access points to limit
ingress and egress if determined to be necessary by the Police Department, and
shall be subject to the review and approval of the Police Department.
63
MM 5.12 -2: Prior to the issuance of each building permit for a parking structure,
Police
the property owner /developer shall submit plans to the Police Department for
review and approval indicating the provision of closed circuit television
monitoring and recording or other substitute security measures as may be
approved by the Police Department. Said measures shall be implemented prior to
final building and zoning inspections.
64
MM 5.15 -2: Prior to issuance of each building permit, all water supply planning
Public Utilities
for the project will be closely coordinated with, and be subject to the review and
final approval of, the Public Utilities Department, Water Engineering Division and
Fire Department.
65
MM 5.17 -1: Prior to issuance of each building permit, the property owner /develop
Public Utilities
shall consult with the City of Anaheim Public Utilities Department, Business and
Community Programs Division, in order to review energy efficient measures to
incorporate into the project design. Prior to the final building and zoning
inspection, the property owner developer shall implement these energy efficient
measures which may include the following:
a. High - efficiency air- conditioning systems with EMS (computer) control
b. Variable air volume (VAV) distribution
c. Outside air (100 %) economizer cycle
d. Staged compressors or variable speed drives to flow varying thermal loads
e. Isolated 14VAC 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-
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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:
i. New construction design review, in which the City cost - shares
engineering for up to $10,000 for design of energy efficient buildings and
systems
ii. New Construction — cash incentives ($300 to $400 per kW reduction in
load) for efficiency that exceeds Title 24 requirements
iii. Green Building Program — offers accelerated plan approval, financial
incentives, waived plan check fees and free technical assistance.
66
MM 5.15 -1: Prior to issuance of each building permit (to be implemented prior to
Public Utilities
final building and zoning inspections, and continuing on an on -going basis during
project operation), the property owner/ developer shall submit to the Public
Utilities Department plans for review and approval which shall ensure that water
conservation measures are incorporated. The water conservation measures to be
shown on the plans and implemented by the property owner /developer, to the
extent applicable include, but are not limited to, the following:
a. Use of low -flow sprinkler heads in irrigation systems.
b. Use of waterway recirculation systems.
c. Low -flow fittings, fixtures, and equipment, including low flush toilets and
urinals.
d. Use of self - closing valves on drinking valves.
e. Use of efficient irrigation systems such as drip irrigation and automatic
systems which use moisture sensors.
f. Use of low -flow shower heads in hotels.
g. Water efficient ice - machines, dishwashers, clothes washers and other water-
using appliances.
h. Use of irrigation systems primarily at night when evaporation rates are lowest.
i. Provide information to the public in conspicuous places regarding water
conservation.
j. Use of water conserving landscape plant materials wherever feasible.
67
MM 5.15 -6: Prior to issuance of each building permit, unless records indicate
Public Utilities
previous payment, the appropriate fees for Primary Mains, Secondary Mains and
Fire Protection Service shall be paid to the Public Utilities Department, Water
Engineering Division in accordance with Rule 15A, and Rule 20 of the Public
Utilities Department Water Rates, Rules and Regulations.
68
MM 5.14 -2: Prior to issuance of the first building permit for each building, the
Public Works
property owner /developer shall pay the appropriate Traffic Signal Assessment
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Fees and Transportation Impact and Improvement Fees to the City of Anaheim in
amounts determined by the City Council Resolution in effect at the time of
issuance of the building permit with credit given for City- authorized
improvements provided by the property owner /developer. The property owner
shall also participate in all applicable reimbursement or benefit districts, which
have been established.
69
MM 5.14 -13: Prior to the issuance of building permits, plans shall show that all
Public Works
driveways shall be constructed with a minimum fifteen (15) foot radius curb
returns as required by the City Engineer, unless otherwise approved by the City
Engineer.
70
MM 5.14 -12: Prior to the issuance of the first building permit, the location of any
Public Works
proposed gates across a driveway shall be subject to the review and approval of
the City Engineer. Gates shall not be installed across any driveway or private
street in a manner which may adversely affect vehicular traffic on the adjacent
public streets. Installation of any gates shall conform to the current version of
Engineering Standard Detail No. 475.
71
MM 5.8 -6: Prior to issuance of building permits, the property owner /developer
Public Works
shall provide written evidence that all storm drain, sewer, and street improvement
plans shall be designed and constructed to the satisfaction of the City Engineer.
72
MM 5.19 -1: Prior to issuance of each building permit; to be implemented prior to
Public Works
final building and zoning Inspection, the property owner /developer shall submit
project plans to the Public Works Department for review and approval to ensure
that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as
administered by the City of Anaheim and the County of Orange and City of
Anaheim Integrated Waste Management Plans. Prior to final building and zoning
inspection, implementation of said plan shall commence and shall remain in full
effect. Waste management mitigation measures that shall be taken to reduce solid
waste generation include, but are not limited to:
a. Detailing the location and design of on -site recycling facilities.
b. Providing on -site recycling receptacles to encourage recycling.
c. Complying with all Federal, State and City regulation for hazardous material
disposal.
d. Participating in the City of Anaheim's "Recycle Anaheim" program or other
substitute program as may be developed by the City.
In order to meet the requirements of the Solid Waste Reduction Act of 1989
(AB 939), the property owner /developer shall implement numerous solid waste
reduction programs, as required by the Public Works Department, including, but
not limited to:
a. Facilitating recycling by providing chutes or convenient locations for sorting
and recycling bins.
b. Facilitating cardboard recycling (especially in retail areas) by providing
adequate space and centralized locations for collection and storing.
c. Facilitating glass recycling (especially from restaurants) by providing
adequate space for sorting and storing.
d. Providing trash compactors for non - recyclable materials whenever feasible
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to reduce the total volume of solid waste and the number of trips required
for collection.
e. Prohibiting curbside pick -up.
73
MM 5.19 -3: Prior to issuance of building permits, plans shall show that trash
Public Works
storage areas shall be provided and maintained in a location acceptable to the City
of Anaheim Department of Public Works, Operations Division. On an ongoing
basis, trash storage areas shall be provided and maintained in accordance with
approved plans on file with said Department.
74
MM 5.19 -4: Prior to issuance of each building permit, the Property
Public Works
Owner /Developer shall demonstrate that the plans include provisions for the
installation of trash and recycle receptacles near all benches and near high traffic
areas such as plazas, transit stops and retail and dining establishments.
75
MM 5.18 -3: Prior to the issuance of building permits, the City shall require that
Public Works
building plans indicate that new developments will minimize stormwater and
urban runoff into drainage facilities by incorporating design features such as
detention basins, on -site water features, and other strategies.
PRIOR TO APPROVAL OF WATER PLANS
76
MM 5.12 -15: Prior to approval of on -site water plans, unless each commercial
Fire
building is initially connected to separate fire services, an unsubordinated
covenant satisfactory to the City Attorney's Office shall be recorded prohibiting
any individual sale of buildings until separate fire services are installed in the
building(s) subject to the sale.
77
MM 5.12 -16: Prior to approval of water improvement plans, the water supply
Fire
system shall be designed by the property owner /developer to provide sufficient
fire flow pressure and storage for the proposed land use and fire protection
services in accordance with Fire Department requirements.
PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE
78
MM 5.12 -13: Prior to the placement of building materials on a building site, an
Fire
all- weather road shall be provided from the roadway system to and on the
construction site and for fire hydrants at all times, as required by the Fire
Department. Such routes shall be paved or, subject to the approval of the Fire
Department, shall otherwise provide adequate emergency access. Every building
constructed must be accessible to Fire Department apparatus. The width and
radius of the driving surface must meet the requirements of Section 10.204 of the
Uniform Fire Code, as adopted by the City of Anaheim.
PRIOR TO COMMENCEMENT OF STRUCTURAL FRAMING
79
MM 5.12 -5: Prior to commencement of structural framing on each parcel or lot,
Fire
onsite fire hydrants shall be installed and charged by the property owner /developer
as required and approved by the Fire Department.
ONGOING DURING CONSTRUCTION
80
MM 5.10 -1: Ongoing during construction, the property owner /developer shall
Planning and
ensure that all internal combustion engines on construction equipment and trucks
Building
are fitted with properly maintained mufflers.
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81
MM 5.2 -3: Ongoing during construction, the property owner /developer shall
Planning and
implement measures to reduce construction - related air quality impacts. These
Building
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.
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82
MM 5.10 -7: Ongoing during construction and project operation, sweeping
Planning and
operations in the parking facilities and private on -site roadways shall be performed
Building
utilizing sweeping/scrubbing equipment which operate at a level measured not
greater than 60 dBA at the nearest adjacent property line.
83
MM 5.10 -6: Ongoing during construction and project operation, pressure washing
Planning and
operations for purposes of building repair and maintenance due to graffiti or other
Building
aesthetical considerations shall be limited to daytime hours of operation between
7:00 AM and 8:00 PM.
84
MM 5.14 -7: Ongoing during construction, if the Anaheim Police Department or
Police
the Anaheim Traffic Management Center (TMC) personnel are required to provide
temporary traffic control services, the property owner /developer shall reimburse
Public Works
the City, on a fair -share basis, if applicable, for reasonable costs associated with
such services.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
85
Prior to the final building and zoning inspection, the legal property owner shall
Public Works
provide to the City of Anaheim a sewer easement for the relocated sewer line in a
form satisfactory to the City Engineer. The approval and recordation of the
easement shall be approved prior to final building and zoning inspections.
86
All required WQMP items shall be installed, operational and inspected by the City
Public Works
prior to final building and zoning inspections.
87
MM3.12 -5 (FEIR No. 311, MMP No. 67) The applicant shall participate in a
City Attorney's
landscape assessment and maintenance district, if one is established for the City of
Office
Anaheim Commercial Recreation Area.
88
MM 5.12 -10: Prior to each final building and zoning inspection, the property
Fire
owner /developer shall place emergency telephone service numbers in prominent
locations as approved by the Fire Department.
89
MM 5.5 -4: Prior to the final building and zoning inspection for a hotel /motel, the
Fire
property owner /developer shall submit an earthquake emergency response plan for
review and approval by the Fire Department. The plan shall require posted notices
in all hotel rooms on earthquake safety procedures and incorporate ongoing
earthquake training for hotel staff to the satisfaction of the Fire Department.
90
MM 5.1 -7 and 5.8 -4: Prior to final building and zoning inspections, the property
Planning and
owner /developer shall submit to the Planning and Building Department a letter
Building
from a licensed landscape architect certifying that all landscaping and irrigation
systems have been installed in accordance with landscaping plans approved in
connection with the Final Site Plan.
91
MM 5.15 -7: Prior to final building and zoning inspections, a separate water meter
Planning and
shall be installed for landscape water on all projects where the landscape area
Building
exceeds 2,500 square feet in accordance with Ordinance No. 6160.
92
MM 5.1 -6: Prior to final building and zoning inspections, root and sidewalk
Planning and
barriers shall be provided for trees within seven feet of public sidewalks.
Building
93
MM 5.8 -5: Prior to final building and zoning inspection, the property
Public Utilities
owner /developer shall install piping on -site with project water mains so that
reclaimed water may be used for landscape irrigation, if and when it becomes
available.
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94
MM 5.14 -4: Prior to the final building and zoning inspection, the property owner
Public Works
shall join and financially participate in a clean fuel shuttle program such as the
Anaheim Resort Transit system, and shall participate in the Anaheim
Transportation Network in conjunction with the on -going operation of the project.
The property owner shall also record a covenant on the property that requires
participation in these programs ongoing during project operation. The form of the
covenant shall be approved by the City Attorney's Office prior to recordation.
95
MM 5.14 -8: Prior to the final building and zoning inspection, the property owner
Public Works
shall record a covenant on the property requiring that ongoing during project
implementation, the property owner /developer shall implement and administer a
comprehensive Transportation Demand Management (TDM) program for all
employees. The form of the covenant shall be approved by the City Attorney's
Office. Objectives of the TDM program shall be:
a. Increase ridesharing and use of alternative transportation modes by guests.
b. Provide a menu of commute alternatives for employees to reduce project -
generated trips.
c. Conduct an annual commuter survey to ascertain trip generation, trip origin,
and Average Vehicle Ridership.
96
MM 5.14 -9: Prior to the final building and zoning inspection, the property
Public Works
owner /developer shall provide to the City of Anaheim Public Works Department
for review and approval a menu of TDM program strategies and elements for both
existing and future employees' commute options, and incentives for hotel patrons'
transportation options. These options may include, but are not limited to, the list
below. The property owner shall also record a covenant on the property requiring
that the approved TDM strategies and elements be implemented ongoing during
project operation. The form of the covenant shall be approved by the City
Attorney's Office prior to recordation.
a. On -site services. Provide, as feasible and permitted, on -site services such as
the food, retail, and other services.
b. Ridesharing. Develop a commuter listing of all employee members for the
purpose of providing a "matching" of employees with other employees who
live in the same geographic areas and who could rideshare.
c. Vanpooling. Develop a commuter listing of all employees for the purpose of
matching numbers of employees who live in geographic proximity to one
another and could comprise a vanpool or participate in the existing vanpool
programs.
d. Transit Pass. Promote Orange County Transportation Authority (including
commuter rail) passes through financial assistance and on -site sales to
encourage employees to use the various transit and bus services from
throughout the region.
e. Shuttle Service. Generate a commuter listing of all employees living in
proximity to the project, and offer a local shuttle program to encourage
employees to travel to work by means other than the automobile. When
appropriate, event shuttle service shall also be made available for guests.
f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to
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employees. Secure bicycle racks, lockers, and showers should be provided as
part of this program. Maps of bicycle routes throughout the area should be
provided to inform potential bicyclists of these options.
g. Guaranteed Ride Home Program. Develop a program to provide employees
who rideshare, or use transit or other means of commuting to work, with a
prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the
event of emergencies during the work shift.
h. Target Reduction of Longest Commute Trip. Promote an incentive program
for ridesharing and other alternative transportation modes to put highest
priority on reduction of longest employee commute trips.
i. Work Shifts. Stagger work shifts.
j. Compressed Work Week. Develop a "compressed work week" program,
which provides for fewer work days but longer daily shifts as an option for
employees.
k. Telecommuting. Explore the possibility of a "telecommuting" program that
would link some employees via electronic means (e.g., computer with
modem).
1. Parking Management. Develop a parking management program that provides
incentives to those who rideshare or use transit means other than single -
occupant auto to travel to work.
m. Access. Provide preferential access to high occupancy vehicles and shuttles.
n. Financial Incentive for Ridesharing and /or Public Transit. Offer employees
financial incentives for ridesharing or using public transportation. Currently,
federal law provides tax -free status for up to $65 per month per employee
contributions to employees who vanpool or use public transit including
commuter rail and/or express bus pools.
o. Financial Incentive for Bicycling. Offer employees financial incentives for
bicycling to work.
p. Special "Premium" for the Participation and Promotion of Trip Reduction.
Offer ticket/passes to special events, vacations, etc. to employees who recruit
other employees for vanpool, carpool, or other trip reduction programs.
q. Incentive Programs. Design incentive programs for carpooling and other
alternative transportation modes so as to put highest priority on reduction of
longest commute trips.
97
MM 5.14 -21: Prior to the final building and zoning Inspection every property
Public Works
owner and /or lessee shall designate an on -site contact that will be responsible for
coordinating with the ATN and implementing all trip mitigation measures. The
on -site coordinator shall be the one point of contact representing the project with
the ATN. The TDM requirements shall be included in the lease or other agreement
with all of the project participants.
ONGOING DURING PROJECT OPERATIONS
98
MM 5.2 -1: Ongoing during project operation, the property owner /developer shall
Planning and
implement measures to reduce emissions to the extent practical, schedule goods
Building
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movements for off -peak traffic hours, and use clean fuel for vehicles and other
equipment, as practicable.
99
MM 5.8 -3: Ongoing during project operations, the property owner /developer shall
Planning and
provide for the following: cleaning of all paved areas not maintained by the City
Building
of Anaheim on a monthly basis, including, but not limited to, private streets and
parking lots. The use of water to clean streets, paved areas, parking lots, and other
areas and flushing the debris and sediment down the storm drains shall be
prohibited.
100
MM 5.1 -10: Ongoing, a licensed arborist shall be hired by the property
Planning and
owner /developer to be responsible for all tree trimming.
Building
101
MM 5.1 -9: Ongoing, any tree planted within the Setback Realm shall be replaced
Planning and
in a timely manner in the event that it is removed, damaged, diseased and/or dead.
Building
102
MM 5.1 -8: Ongoing, all on -site non - Public Realm landscaping and irrigation
Planning and
systems, and Public Realm landscaping and irrigation systems, within area in
Building
which dedication has not been accepted by the City, shall be maintained by the
property owner /developer, in compliance with City standards.
103
MM 5.1 -3: Ongoing, the property owner /developer shall be responsible for the
Planning and
removal of any on -site graffiti within 24 hours of its application.
Building
104
MM 5.12 -3: Ongoing during project operation, the property owner /developer shall
Police
provide private security on the premises to maintain adequate security for the entire
project subject to review and approval of the Police Department. The use of security
patrols and electronic security devices (i.e., video monitors) should be considered to
reduce the potential for criminal activity in the area.
105
MM 5.15 -9: Ongoing, the City shall continue to collaborate with the Metropolitan
Public Utilities
Water District of Southern California (MWD), its member agencies, and the Orange
County Water District (OCWD) to ensure that available water supplies meet
anticipated demand. If it is forecasted that water demand exceeds available supplies,
staff shall recommend to City Council to trigger application of the Water
Conservation Ordinance (Anaheim Municipal Code, § 10.18), as prescribed, to
require mandatory conservation measures as authorized by Sections 10. 18.070
through 10.18.090, as appropriate.
106
MM 5.19 -2: Ongoing during project operation, the following practices shall be
Public Works
implemented, as feasible, by the property owner /developer:
a. Usage of recycled paper products for stationary, letterhead, and packaging.
b. Recovery of materials such as aluminum and cardboard.
c. Collection of office paper for recycling.
d. Collection of polystyrene (foam) cups for recycling.
e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil,
batteries, and scrap metal for recycling or recovery.
107
MM 5.18 -2: Ongoing, the City shall work with the Orange County Flood Control
Public Works
District (OCFCD) to ensure that flood control facilities are well maintained and
Department
capable of accommodating, at a minimum, future 25 -year storm flows for City -
owned and maintained facilities, and 100 -year storm flows for County facilities.
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Where improvements to local drainage facilities have the potential to increase
discharges to County facilities, the City shall analyze potential impacts to County
facilities in consultation with the Manager, County of Orange Flood Control
Division. Encroachment Permits shall be obtained from the County's Public
Property Permits Section for any activity performed within OCFCD's right of
way.
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Country Inns & Suites Project
Addendum to FEIR No. 311 and SEIR No. 340
ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 311 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT NO. 340, COUNTRY INNS & SUITES PRJOECT,
MITIGATION MONITORING PLAN NO. 322
Terms and Definitions
Property Owner/Developer — The owner or developer of real property on the Country Inns & Suites 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.
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.
H: \TOOLS\Planning Commission Administmtion\PC Resolutions\2015 Resolutions\PC2015- 024.doc 32 Updated and Modified
Mitigation Monitoring Plan No. 322
Country Inns & Suites Project
Addendum to FEIR No. 311 and SEIR No. 340
Mitigation
Responsible for
Completion
Measure Number
Timing
Measure
Monitoring
AESTHETICS
MM 5.1 -2
Prior to issuance of building
Prior to issuance of building permits, all plumbing or other similar pipes and fixtures
Planning and Building
permits
located on the exterior of the building shall be shown on plans as fully screened from
Department
view of adjacent public rights -of -way and from adjacent properties by architectural
devices and /or appropriate building materials. A note indicating that these
improvements will be installed prior to final building and zoning inspections shall be
specifically shown on the plans submitted for building permits.
MM 5.1 -3
Ongoing
Ongoing, the property owner /developer shall be responsible for the removal of any
Planning and Building
on -site graffiti within 24 hours of its application.
Department
MM 5.1 -4
Prior to Final Site Plan
Prior to Final Site Plan approval, the location and configuration of all lighting fixtures
Planning and Building
approval
including ground- mounted lighting fixtures utilized to accent buildings, landscape
Department
elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All
proposed surface parking area lighting fixtures shall be down - lighted with a maximum
height of twelve (12) feet adjacent to any residential properties. All lighting fixtures
shall be shielded to direct lighting toward the area to be illuminated and away from
adjacent residential property lines.
MM 5.1 -6
Prior to final building and
Prior to final building and zoning inspections, root and sidewalk barriers shall be
Planning Department,
zoning inspections
provided for trees within seven feet of public sidewalks.
Planning Division
MM 5.1 -7
Prior to final building and
Prior to final building and zoning inspections, the property owner /developer shall
Planning and Building
zoning inspections
submit to the Planning Department a letter from a licensed landscape architect
Department
certifying that all landscaping and irrigation systems have been installed in
accordance with landscaping plans approved in connection with the Final Site Plan.
MM 5.1 -8
Ongoing
Ongoing, all on -site non - Public Realm landscaping and irrigation systems, and Public
Planning and Building
Realm landscaping and irrigation systems, within area in which dedication has not
Department
been accepted by the City, shall be maintained by the property owner /developer, in
compliance with City standards.
MM 5.1 -9
Ongoing
Ongoing, any tree planted within the Setback Realm shall be replaced in a timely
Planning and Building
manner in the event that it is removed, damaged, diseased and /or dead.
Department
MM 5.1 -10
Ongoing
Ongoing, a licensed arborist shall be hired by the property owner /developer to be
Planning and Building
responsible for all tree trimming.
Department
MM 5.1 -11
Prior to issuance of each
Prior to issuance of each building permits, unless records indicate previous payment,
Planning and Building
building permits
a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim
Department
based on the length of street frontage in an amount as established by City Council
resolution or credit against the fee given for City authorized improvements installed by
the property owner /developer.
HATOOLS\Planning Commission Administration \PC Resolutions\2015 ResolutionskPC2015- 024.doc 33 Updated and Modified
Mitigation Monitoring Plan No. 322
Country Inns & Suites Project
Addendum to FEIR No. 311 and SEIR No. 340
Mitigation
Responsible for
Completion
Measure Number
Timing
Measure
Monitoring
MM 5.1 -12
Prior to issuance of each
Prior to issuance of each building permit, all air conditioning facilities and other roof
Planning and Building
building permit
and groundmounted equipment shall be shown on plans as shielded from public view
Department
and the sound buffered to comply with City of Anaheim noise ordinances from any
adjacent residential or transient- occupied properties. A note indicating that these
improvements shall be installed prior to final building and zoning inspections shall be
specifically shown on the plans submitted for building permits.
MM 5.1 -13
Prior to Final Site Plan
Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings
Planning and Building
approval
visible from off -site areas shall be architecturally accented to portray a finished look.
Department
MM 5.1 -14
Prior to Final Site Plan
Prior to Final Site Plan approval, plans shall show that no shuttle /bus /vehicular drop-
Planning and Building
approval
off areas shall be permitted in hotel /motel or vacation resort front setback area.
Department
MM 3.12 -5
Prior to the final building and
The applicant shall participate in a landscape assessment and maintenance district, if
City Attorney's Office
(FEIR No. 311,
zoning inspection
one is established for the City of Anaheim's Commercial Recreation Area.
MMP No. 67)
AIR QUALITY
MM 5.2 -1
Ongoing during project
Ongoing during project operation, the property owner /developer shall implement
Planning and Building
operation
measures to reduce emissions to the extent practical, schedule goods movements for
Department
off -peak traffic hours, and use clean fuel for vehicles and other equipment, as
practicable
MM 5.2 -2
Prior to the issuance of each
Prior to the issuance of each building permit, the property owner /developer shall
Planning and Building
building permit
submit evidence that low emission paints and coatings are utilized in the design and
Department
construction of buildings, in compliance with SCAQMD regulations. The information
shall be denoted on the project plans and specifications. The property
owner /developer shall submit an architectural coating schedule and calculations
demonstrating that VOC emissions from architectural coating operations would not
exceed 75 pounds per day averaged over biweekly periods. The calculations shall
show, for each coating, the surface area to be coated, gallons (or liters) of coating per
unit surface area, and VOC content per gallon (or liter). The property owner /developer
shall also implement the following to limit emissions from architectural coatings and
asphalt usage:
C. Use non solve nt -based coatings on buildings, wherever appropriate;
d. Use solvent based coatings, where they are necessary.
MM 5.2 -3
Ongoing during construction
Ongoing during construction, the property owner /developer shall implement measures
Planning and Building
to reduce construction - related air quality impacts. These measures shall include, but
Department
are not limited to:
q. 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
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including application of chemical soil stabilizers to exposed soils after grading
is completed and replacing ground cover in disturbed areas as quickly as
practicable.
r. 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.
s. Enclosing, covering, watering twice daily, or applying approved soil binders,
according to manufacturer's specification, to exposed piles.
t. 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.
u. 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.
v. Trucks importing or exporting soil material and /or debris shall be covered prior
to entering public streets.
w. Taking preventive measures to ensure that trucks do not carry dirt on tires onto
public streets, including treating onsite roads and staging areas.
x. Preventing trucks from idling for longer than 2 minutes.
y. Manually irrigate or activate irrigation systems necessary to water and maintain
the vegetation as soon as planting is completed.
z. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or
less.
aa. Suspend all grading operations when wind speeds (as instantaneous gust)
exceed 25 miles per hour and during first and second stage smog alerts.
bb. 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.
cc. Use low emission mobile construction equipment (e.g., tractors, scrapers,
dozers, etc.) where practicable.
dd. Utilize existing power sources (e.g., power poles) or clean -fuel generators
rather than temporary power generators, where practicable.
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ee. Maintain construction equipment engines by keeping them properly tuned.
ff. Use low sulfur fuel for equipment, to the extent practicable.
MM 5.2 -4
Prior to issuance of each
Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance
Planning and Building
grading permit (for
of demolition permit (for Demolition Plan), the property owner /developer shall submit
Department
Import/Export Plan) and
Demolition and Import/Export plans. The plans shall include identification of offsite
prior to issuance of
locations for materials export from the project and options for disposal of excess
demolition permit (for
material. These options may include recycling of materials onsite, sale to a soil broker
Demolition Plan)
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 -5
Prior to the issuance of each
Prior to the issuance of each building permit, the property owner /developer shall
Planning and Building
building permit
comply with all SCAQMD offset regulations and implementation of Best Available
Department
Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT)
for any new or modified stationary source. Copies of permits shall be given to the
Planning Department.
MM 5.2 -6
Prior to the issuance of each
Prior to the issuance of each building permit, the property owner /developer shall
Planning and Building
building permit
implement, and demonstrate to the City, measures that are being taken to reduce
Department
operation - related air quality impacts. These measures may include, but are not limited
to the following:
1. Improve thermal integrity of structures and reduced thermal load through use
of automated time clocks or occupant sensors.
2. Incorporate efficient heating and other appliances.
3. Incorporate energy conservation measures in site orientation and in building
design, such as appropriate passive solar design.
4. Use drought- resistant landscaping wherever feasible to reduce energy used in
pumping and transporting water.
5. To the extent feasible, provide daycare opportunities for employees or
participate in a joint development daycare center
6. Install facilities for electric vehicle recharging, unless it is demonstrated that the
technology for these facilities or availability of the equipment current at the time
makes this installation infeasible.
MM 5.2 -7
Prior to issuance of the first
Prior to issuance of the first building permit, the property owner /developer shall submit
Planning and Building
building permit
a human health risk assessment (HRA) for any proposed sensitive land uses
Department
(according to SCAQMD standards at that time) to be located within 500 feet of the
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near edge of the 1 -5 freeway unless it is demonstrated that the health risks have been
determined to be acceptable according to the standards of the SCAQMD at the time of
building permit application.
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
Planning and Building
grading permit
letter identifying the certified archaeologist that has been hired to ensure that the
Department
following actions are implemented:
e. The archaeologist must be present at the pre - grading conference in order to
establish procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of artifacts if potentially significant
artifacts are uncovered. If artifacts are uncovered and determined to be
significant, the archaeological observer shall determine appropriate actions in
cooperation with the property owner /developer for exploration and /or salvage.
f. Specimens that are collected prior to or during the grading process will be
donated to an appropriate educational or research institution.
g. 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
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be diverted around the area until the monitor can survey the area.
h. 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
Planning and Building
grading permit
letter identifying the certified paleontologist that has been hired to ensure that the
Department
following actions are implemented:
d. The paleontologist must be present at the pre - grading conference in order to
establish procedures to temporarily halt or redirect work to permit the sampling,
identification, and evaluation of fossils if potentially significant paleontological
resources are uncovered. If artifacts are uncovered and found to be significant,
the paleontological observer shall determine appropriate actions in cooperation
with the property owner /developer for exploration and /or salvage.
e. Specimens that are collected prior to or during the grading process will be
donated to an appropriate educational or research institution.
f. Any paleontological work at the site shall be conducted under the direction of
the certified paleontologist. If any fossils are discovered during grading
operations when the paleontological monitor is not present, grading shall be
diverted around the area until the monitor can survey the area.
GEOLOGY AND SOILS
MM 5.5 -1
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall submit to
Planning and Building
building permit
the Planning Department, Building Services Division for review and approval, detailed
Department
foundation design information for the subject building(s), prepared by a civil engineer,
based on recommendations by a geotechnical engineer.
MM 5.5 -2
Prior to issuance of each
Prior to issuance of each foundation permit, the property owner /developer shall submit
Planning and Building
foundation permit
a report prepared by a geotechnical engineer to the Planning Department, Building
Department
Services Division for review and approval, which shall investigate the subject
foundation excavations to determine if soft layers are present immediately beneath the
footing site and to ensure that compressibility does not underlie the footing.
MM 5.5 -3
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall submit
Planning and Building
building permit
plans to the Planning Department, Building Services Division for review and approval
Department
showing that the proposed structure has been analyzed for earthquake loading and
designed according to the most recent seismic standards in the California Building
Code adopted by the City of Anaheim.
MM 5.5 -4
Prior to the final building and
Prior to the final building and zoning inspection for a hotel /motel, the property
Fire Department
zoning inspection for a
owner /developer shall submit an earthquake emergency response plan for review and
hotel /motel
approval by the Fire Department. The plan shall require posted notices in all hotel
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rooms on earthquake safety procedures and incorporate ongoing earthquake training
for hotel staff to the satisfaction of the Fire Department.
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
satisfaction of the Planning Department, Building Services Division.
MM 5.5 -6
Prior to issuance of building
Prior to issuance of building or grading permits, the property owner /developer shall
Planning and Building
or grading permits
submit to the Planning Department, Building Services Division geologic and
Department
geotechnical investigations in areas of potential seismic or geologic hazards and
provide a note on plans that all grading operations will be conducted in conformance
with the recommendations contained in the applicable geotechnical investigation.
HAZARDS AND HAZARDOUS MATERIALS
MM 5.7 -4
Prior to issuance of the first
Prior to issuance of the first grading demolition permit, whichever occurs first the
Fire Department
grading or demolition permit,
property owner /developer shall submit a plan for review and approval of the Fire
whichever occurs first
Department which details procedures that will be taken if previously unknown USTs,
or other unknown hazardous material or waste, is discovered onsite.
MM 5.7 -6
Ongoing during project
Ongoing during project demolition and construction, in the event that hazardous
Fire Department
demolition and construction
waste, including asbestos, is discovered during site preparation or construction, the
property owner /developer shall ensure that the identified hazardous waste and /or
hazardous material are handled and disposed of in the manner specified by the State
of California Hazardous Substances Control Law (Health and Safety Code, Division
20, Chapter 6.5), and according to the requirements of the California Administrative
Code, Title 30, Chapter 22.
HYDROLOGY AND WATER QUALITY
MM 5.8 -1
Prior to issuance of the first
Prior to issuance of the first grading or building permit, whichever occurs first, the
Public Works
grading or building permit,
property owner /developer shall submit a Master Drainage and Runoff Management
Department
whichever occurs first
Plan (MDRMP) for review and approval by the Public Works Department,
Development Services Division and Orange County Environmental Management
Agency. The Master Plan shall include, but not be limited to, the following items:
a. Backbone storm drain layout and pipe size, including supporting hydrology and
hydraulic calculations for storms up to and including the 100 -year storm; and,
b. A delineation of the improvements to be implemented for control of project -
generated drainage and runoff.
MM 5.8 -2
Prior to issuance of a
Prior to issuance of a grading permit for sites that disturb more than one (1) acre of
Planning and Building
grading permit for sites that
soil, the property owner /developer shall obtain coverage under the NPDES Statewide
Department
disturb more than one (1)
Industrial Stormwater Permit for General Construction Activities from the State Water
acre of soil
Resources Control Board. Evidence of attainment shall be submitted to the Planning
Department, Building Services Division.
MM 5.8 -3
Ongoing during project
Ongoing during project operations, the property owner /developer shall provide for the
Planning and Building
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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
Prior to each final building and zoning inspection, the property owner /developer shall
Planning and Building
and zoning inspection
submit a letter from a licensed landscape architect to the City certifying that the
Department
landscape installation and irrigation systems have been installed as specified in the
approved landscaping and irrigation plans.
MM 5.8 -5
Prior to final building and
Prior to final building and zoning inspection, the property owner /developer shall install
Public Utilities
zoning inspection
piping on -site with project water mains so that reclaimed water may be used for
Department
landscape irrigation, if and when it becomes available.
MM 5.8 -6
Prior to issuance of building
Prior to issuance of building permits, the property owner /developer shall provide
Public Works
permits
written evidence that all storm drain, sewer, and street improvement plans shall be
Department
designed and constructed to the satisfaction of the City Engineer.
NOISE
5.10 -1
Ongoing during construction
Ongoing during construction, the property owner /developer shall ensure that all
Planning and Building
internal combustion engines on construction equipment and trucks are fitted with
Department
properly maintained mufflers.
5.10 -2
Prior to issuance of the first
Prior to issuance of the first building permit, the property owner /developer shall submit
Planning and Building
building permit
a noise study prepared by a certified acoustical engineer to the satisfaction of the
Department
Building Division Manager identifying whether noise attenuation is required and
defining the attenuation measures and specific performance requirements, if
warranted, to comply with the Uniform Building Code and Sound Pressure Level
Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final
location of such buildings and noise - sensitive uses inside and surrounding the
buildings. Attenuation measures shall be implemented by the property
owner /developer prior to final building and zoning inspections.
5.10 -6
Ongoing during construction
Ongoing during construction and project operation, pressure washing operations for
Planning and Building
and project operation
purposes of building repair and maintenance due to graffiti or other aesthetical
Department
considerations shall be limited to daytime hours of operation between 7:00 AM and
8:00 PM.
5.10 -7
Ongoing during construction
Ongoing during construction and project operation, sweeping operations in the parking
Planning and Building
and project operation
facilities and private on -site roadways shall be performed utilizing sweeping /scrubbing
Department
equipment which operate at a level measured not greater than 60 dBA at the nearest
adjacent property line.
5.10 -9
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall present
Planning and Building
building permit
plans and calculations to the Planning Department, Building Division to demonstrate
Department
that noise levels would be less than 65 dBA CNEL for outdoor use areas (including
dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can
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be accomplished through shielding areas behind buildings or the construction of a
noise barrier.
5.10 -10
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall present
Planning and Building
building permit
plans and calculations to the Planning Department, Building Division to demonstrate
Department
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 -12
Prior to issuance of each
Prior to issuance of each building permit if pile driving and blasting is anticipated
Planning and Building
building permit if pile driving
during construction, a noise and vibration analysis must be prepared and submitted to
Department
and blasting is anticipated
the Planning Department, Building Division, to assess and mitigate potential noise and
during construction
vibration impacts related to these activities.
PUBLIC SERVICES
5.12 -1
Prior to the approval of each
Prior to the approval of each Final Site Plan and issuance of each building permit, the
Police Department
Final Site Plan and issuance
property owner /developer shall submit plans to the Police Department for review and
of each building permit
approval for safety, accessibility, crime prevention, and security provisions during both
the construction and operative phases for the purpose of incorporating safety
measures in the project design including the concept of crime prevention through
environmental design (e.g., building design, circulation, site planning, and lighting of
parking structures and parking areas).
5.12 -2
Prior to the issuance of each
Prior to the issuance of each building permit for a parking structure, the property
Police Department
building permit for a parking
owner /developer shall submit plans to the Police Department for review and approval
structure
indicating the provision of closed circuit television monitoring and recording or other
substitute security measures as may be approved by the Police Department. Said
measures shall be implemented prior to final building and zoning inspections.
5.12 -3
Ongoing during project
Ongoing during project operation, the property owner /developer shall provide private
Police Department
operation
security on the premises to maintain adequate security for the entire project subject to
review and approval of the Police Department. The use of security patrols and
electronic security devices (i.e., video monitors) should be considered to reduce the
potential for criminal activity in the area.
5.12 -4
Prior to issuance of each
Prior to issuance of each building permit, the project design shall include parking lots
Police Department
building permit
and parking structures with controlled access points to limit ingress and egress if
determined to be necessary by the Police Department, and shall be subject to the
review and approval of the Police Department.
5.12 -5
Prior to commencement of
Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants
Fire Department
structural framing on each
shall be installed and charged by the property owner /developer as required and
parcel or lot
approved by the Fire Department.
5.12 -6
Prior to issuance of each
Prior to issuance of each grading permit, the property owner /developer shall submit an
Fire Department
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grading permit
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.
5.12 -7
Prior to issuance of each
Prior to issuance of each building permit; to be implemented prior to the final building
Fire Department
building permit; to be
and zoning inspection, plans shall indicate that all buildings, exclusive of parking
implemented prior to the
structures, shall have sprinklers installed by the property owner /developer in
final building and zoning
accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior
inspection
to each final building and zoning inspection.
5.12 -8
Prior to issuance of each
Prior to issuance of each building permit, plans shall be submitted to ensure that
Fire Department
building permit
development is in accordance with the City of Anaheim Fire Department Standards,
including:
a. Overhead clearance shall not be less than 14 feet for the full width of access
roads.
b. Bridges and underground structures to be used for Fire Department
access shall be designed to support Fire Department vehicles weighing 75,000
pounds.
c. All underground tunnels shall have sprinklers. Water supplies are required at
all entrances. Standpipes shall also be provided when determined to be
necessary by the Fire Department.
d. Adequate off -site public fire hydrants contiguous to the Specific Plan area and
onsite private fire hydrants shall be provided by the property owner /developer.
The precise number, types, and locations of the hydrants shall be determined
during building permit review. Hydrants are to be a maximum of 400 feet apart.
e. A minimum residual water pressure of 20 psi shall remain in the water system.
Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm.
5.12 -9
Prior to issuance of the first
Prior to issuance of the first building permit, the property owner /developer shall enter
Fire Department
building permit
into an agreement recorded against the property with the City of Anaheim to pay or
cause to be paid their fair share of the funding to accommodate the following, which
will serve the Anaheim Resort Specific Plan area:
f. One additional fire truck company.
g. One additional paramedic company.
h. Modifications to existing fire stations to accommodate the additional fire units,
additional manpower, equipment and facilities.
L A vehicle equipped with specialty tools and equipment to enable the Fire
Department to provide heavy search and rescue response capability.
j. A medical triage vehicle /trailer, equipped with sufficient trauma dressings,
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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 arrangemen
5.12 -10
Prior to each final building
Prior to each final building and zoning inspection, the property owner /developer shall
Fire Department
and zoning inspection
place emergency telephone service numbers in prominent locations as approved by
the Fire Department.
5.12 -11
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall submit a
Fire Department
building permit
Construction Fire Protection Plan to the Fire Department for review and approval
detailing accessibility of emergency fire equipment, fire hydrant location, and any other
construction features required by the Fire Marshal. The property owner /developer
shall be responsible for securing facilities acceptable to the Fire Department and
hydrants shall be operational with required fire flow.
5.12 -12
Prior to the approval of each
Prior to the approval of each Final Site Plan and prior to the issuance of each building
Fire Department
Final Site Plan and prior to
permit, plans shall be reviewed and approved by the Fire Department as being in
the issuance of each
conformance with the Uniform Fire Code.
building 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
Fire Department
building materials on a
be provided from the roadway system to and on the construction site and for fire
building site
hydrants at all times, as required by the Fire Department. Such routes shall be paved
or, subject to the approval of the Fire Department, shall otherwise provide adequate
emergency access. Every building constructed must be accessible to Fire Department
apparatus. The width and radius of the driving surface must meet the requirements of
Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim.
5.12 -14
Prior to approval of building
Prior to approval of building plans, the property owner /developer shall provide written
Fire Department
plans
evidence to the satisfaction of the Fire Department that all lockable pedestrian and /or
vehicular access gates shall be equipped with "knox box" devices as required and
approved by the Fire Department.
5.12 -15
Prior to approval of on -site
Prior to approval of on -site water plans, unless each commercial building is initially
Fire Department
water plans
connected to separate fire services, an unsubordinated covenant satisfactory to the
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City Attorney's Office shall be recorded prohibiting any individual sale of buildings until
separate fire services are installed in the building(s) subject to the sale.
5.12 -16
Prior to approval of water
Prior to approval of water improvement plans, the water supply system shall be
Fire Department
improvement plans
designed by the property owner /developer to provide sufficient fire flow pressure and
storage for the proposed land use and fire protection services in accordance with Fire
Department requirements.
5.12 -17
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall provide
Planning and Building
building permit
proof of compliance with Government Code Section 53080 (Schools).
Department
5.12 -18
Ongoing
Ongoing, the City will work cooperatively with school districts to identify opportunities
Planning and Building
for new schools and school expansion.
Department
5.12 -19
Prior to the issuance of a
Prior to the issuance of a building permit, the property owner /developer shall comply
Planning and Building
building permit
with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities
Department
Services Areas — Payment of Fees Required.
TRANSPORTATION
AND TRAFFIC
5.14 -2
Prior to issuance of the first
Prior to issuance of the first building permit for each building, the property
Public Works
building permit for each
owner /developer shall pay the appropriate Traffic Signal Assessment Fees and
Department
building
Transportation Impact and Improvement Fees to the City of Anaheim in amounts
determined by the City Council Resolution in effect at the time of issuance of the
building permit with credit given for City- authorized improvements provided by the
property owner /developer. The property owner shall also participate in all applicable
reimbursement or benefit districts, which have been established.
5.14 -3
Prior to approval of the first
Prior to approval of the first final subdivision map or issuance of the first building
Public Works
final subdivision map or
permit, whichever occurs first, the property owner /developer shall irrevocably offer for
Department
issuance of the first building
dedication (with subordination of easements), including necessary construction
permit, whichever occurs
easements, the ultimate arterial highway right(s) -of -way adjacent to their property as
first
shown in the Circulation Element of the Anaheim General Plan.
5.14 -4
Prior to the final building and
Prior to the final building and zoning inspection, the property owner shall join and
Public Works
zoning inspection
financially participate in a clean fuel shuttle program such as the Anaheim Resort
Department
Transit system, and shall participate in the Anaheim Transportation Network in
conjunction with the on -going operation of the project. The property owner shall also
record a covenant on the property that requires participation in these programs
ongoing during project operation. The form of the covenant shall be approved by the
City Attorney's Office prior to recordation.
5.14 -5
Prior to the issuance of
Prior to the issuance of grading permits, the property owner /developer shall provide to
Public Works
grading permits
the City of Anaheim Public Works Department a plan to coordinate rideshare services
Department
for construction employees with the Anaheim Transportation Network (ATN) for review
and approval and shall implement ATN recommendations to the extent feasible.
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
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services, the property owner /developer shall reimburse the City, on a fair -share basis,
Public Works
if applicable, for reasonable costs associated with such services.
Department
5.14 -8
Prior to the final building and
Prior to the final building and zoning inspection, the property owner shall record a
Public Works
zoning inspection, the
covenant on the property requiring that ongoing during project implementation, the
Department
property owner shall record
property owner /developer shall implement and administer a comprehensive
a covenant on the property
Transportation Demand Management (TDM) program for all employees. The form of
requiring that ongoing during
the covenant shall be approved by the City Attorney's Office. Objectives of the TDM
project implementation
program shall be:
d. Increase ridesharing and use of alternative transportation modes by guests.
e. Provide a menu of commute alternatives for employees to reduce project -
generated trips.
f. Conduct an annual commuter survey to ascertain trip generation, trip origin,
and Average Vehicle Ridership.
5.14 -9
Prior to the final building and
Prior to the final building and zoning inspection, the property owner /developer shall
Public Works
zoning inspection
provide to the City of Anaheim Public Works Department for review and approval a
Department
menu of TDM program strategies and elements for both existing and future
employees' commute options, and incentives for hotel patrons transportation options,
to include, but not be limited to, the list below. The property owner shall also record a
covenant on the property requiring that the approved TDM strategies and elements be
implemented ongoing during project operation. The form of the covenant shall be
approved by the City Attorney's Office prior to recordation.
a. On -site services. Provide, as feasible and permitted, on -site services such as
the food, retail, and other services.
b. Ridesharing. Develop a commuter listing of all employee members for the
purpose of providing a "matching" of employees with other employees who live
in the same geographic areas and who could rideshare.
c. Vanpooling. Develop a commuter listing of all employees for the purpose of
matching numbers of employees who live in geographic proximity to one
another and could comprise a vanpool or participate in the existing vanpool
programs.
d. Transit Pass. Promote Orange County Transportation Authority (including
commuter rail) passes through financial assistance and on -site sales to
encourage employees to use the various transit and bus services from
throughout the region.
e. Shuttle Service. Generate a commuter listing of all employees living in
proximity to the project, and offer a local shuttle program to encourage
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employees to travel to work by means other than the automobile. When
appropriate, event shuttle service shall also be made available for guests.
f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to
employees. Secure bicycle racks, lockers, and showers should be provided as
part of this program. Maps of bicycle routes throughout the area should be
provided to inform potential bicyclists of these options.
g. Guaranteed Ride Home Program. Develop a program to provide employees
who rideshare, or use transit or other means of commuting to work, with a
prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the
event of emergencies during the work shift.
h. Target Reduction of Longest Commute Trip. Promote an incentive program for
ridesharing and other alternative transportation modes to put highest priority on
reduction of longest employee commute trips.
i. Work Shifts. Stagger work shifts.
J. Compressed Work Week. Develop a "compressed work week" program, which
provides for fewer work days but longer daily shifts as an option for employees.
k. Telecommuting. Explore the possibility of a "telecommuting" program that
would link some employees via electronic means (e.g., computer with modem).
I. Parking Management. Develop a parking management program that provides
incentives to those who rideshare or use transit means other than single -
occupant auto to travel to work.
m. Access. Provide preferential access to high occupancy vehicles and shuttles.
n. Financial Incentive for Ridesharing and /or Public Transit. Offer employees
financial incentives for ridesharing or using public transportation. Currently,
federal law provides tax -free status for up to $65 per month per employee
contributions to employees who vanpool or use public transit including
commuter rail and /or express bus pools.
o. Financial Incentive for Bicycling. Offer employees financial incentives for
bicycling to work.
p. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer
ticket/passes to special events, vacations, etc. to employees who recruit other
employees for vanpool, carpool, or other trip reduction programs.
q. Incentive Programs. Design incentive programs for carpooling and other
alternative transportation modes so as to put highest priority on reduction of
longest commute trips.
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Measure Number
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Monitoring
5.14 -11
Prior to the recordation of a
Prior to the recordation of a subdivision map or issuance of the first building permit,
Planning and Building
subdivision map or issuance
whichever occurs first, in the event that a parcel is subdivided and there is a need for
Department
of the first building permit,
common on -site circulation and /or parking, prior to recordation of a subdivision map,
whichever occurs first
an unsubordinated covenant providing for reciprocal access and /or parking, as
appropriate, approved by the Planning Director or Planning Services Manager, shall
be recorded with the Office of the Orange County Recorder. A copy of the recorded
covenant shall then be submitted to the Planning Division of the Planning Department.
If the reciprocal access is across parcel lines or if public rights of way are required for
reciprocal access; Public Works approval shall be required.
5.14 -12
Prior to the issuance of the
Prior to the issuance of the first building permit, the location of any proposed gates
Public Works
first building permit
across a driveway shall be subject to the review and approval of the City Engineer.
Department
Gates shall not be installed across any driveway or private street in a manner which
may adversely affect vehicular traffic on the adjacent public streets. Installation of any
gates shall conform to the current version of Engineering Standard Detail No. 475.
5.14 -13
Prior to the issuance of
Prior to the issuance of building permits, plans shall show that all driveways shall be
Public Works
building permits
constructed with a minimum fifteen (15) foot radius curb returns as required by the
Department
City Engineer, unless otherwise approved by the City Engineer.
5.14 -14
Prior to the issuance of
Prior to the issuance of building permits or final map approval, whichever occurs first,
Public Works
building permits or final map
security in the form of a bond, certificate of deposit, letter of credit, completion
Department
approval, whichever occurs
guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be
first
posted with the City to guarantee the satisfactory completion of all engineering
requirements of the City of Anaheim, including preparation of improvement plans and
installation of all improvements, such as curbs and gutters, sidewalks, water facilities,
street grading and pavement, sewer and drainage facilities and other appurtenant
work, as required by the City Engineer and in accordance with the specifications on
file in the office of the City Engineer, as may be modified by the City Engineer.
Installation of said improvements shall occur prior to final building and zoning
inspections.
5.14 -19
Prior to the approval of the
Prior to the approval of the final subdivision map or issuance of building permits,
Public Works
final subdivision map or
whichever occurs first, the property owner /developer shall pay the identified fair -share
Department
issuance of building permits,
responsibility as determined by the City as set forth in MM 5.14 -15. The City shall
whichever occurs first
allocate the property owner /developer's fair -share contribution to traffic mitigation
programs that result in improved traffic flow on the impacted mainline and ramp
locations, via an agreement mutually acceptable to Caltrans and the City.
5.14 -20
Prior to the approval of a
Prior to the approval of a Final Site Plan, the property owner /developer shall meet with
Public Works
Final Site Plan
the Traffic and Transportation Manager to determine whether a bus stop(s) is required
Department
to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a
location that least impacts traffic flow and may be designed as a bus turnout or a far
side bus stop as required by the Traffic and Transportation Manager and per the
approval of the Orange County Transportation Authority (OCTA).
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5.14 -21
Prior to the first final building
Prior to the first final building and zoning Inspection every property owner and /or
Public Works
and zoning Inspection
lessee shall designate an on -site contact that will be responsible for coordinating with
Department
the ATN and implementing all trip mitigation measures. The on -site coordinator shall
be the one point of contact representing the project with the ATN. The TDM
requirements shall be included in the lease or other agreement with all of the project
participants.
5.14 -22
Subsequent to the
Subsequent to the certification of Final EIR No. 340, and prior to the approval of the
Public Works
certification of Final EIR No.
first Final Site Plan, if the costs of the identified improvements in the Traffic Study
Department
340, and prior to the
Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered
approval of the first Final
by the total funding allocation under the existing City fee programs and funding
Site Plan
sources, an update of the existing City traffic fee program or other fee programs shall
be developed by the City of Anaheim to ensure completion of the recommended
improvements.
WATER
5.15 -1
Prior to issuance of each
Prior to issuance of each building permit (to be implemented prior to final building and
Planning and Building
building permit (to be
zoning inspections, and continuing on an on -going basis during project operation), the
Department
implemented prior to final
property owner/ developer shall submit to the Public Utilities Department plans for
building and zoning
review and approval which shall ensure that water conservation measures are
inspections, and continuing
incorporated. The water conservation measures to be shown on the plans and
on an on -going basis during
implemented by the property owner /developer, to the extent applicable include, but
project operation)
are not limited to, the following:
k. Use of low -flow sprinkler heads in irrigation systems.
I. Use of waterway recirculation systems.
m. Low -flow fittings, fixtures, and equipment, including low flush toilets and
urinals.
n. Use of self - closing valves on drinking valves.
o. Use of efficient irrigation systems such as drip irrigation and automatic systems
which use moisture sensors.
p. Use of low -flow shower heads in hotels.
q. Water efficient ice - machines, dishwashers, clothes washers and other water -
using appliances.
r. Use of irrigation systems primarily at night when evaporation rates are lowest.
s. Provide information to the public in conspicuous places regarding water
conservation.
t. Use of water conserving landscape plant materials wherever feasible.
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5.15 -2
Prior to issuance of each
Prior to issuance of each building permit, all water supply planning for the project will
Public Utilities
building permit
be closely coordinated with, and be subject to the review and final approval of, the
Department
Utilities Department, Water Engineering Division and Fire Department.
Fire Department
5.15 -3
Prior to issuance of each
Prior to issuance of each building permit, water pressure greater than 80 pounds per
Planning and Building
building permit
square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing
Department
valves installed at the property owner /developer's service.
5.15 -4
Prior to the issuance of each
Prior to the issuance of each building permit, the property owner /developer shall
Planning and Building
building permit
submit a landscape and irrigation plan which shall be prepared and certified by a
Department
licensed landscape architect. The irrigation plan shall specify methods for monitoring
the irrigation system. The system shall ensure that irrigation rates do not exceed the
infiltration of local soils, that the application of fertilizers and pesticides do not exceed
appropriate levels of frequencies, and that surface runoff and overwatering is
minimized. The landscaping and irrigation plans shall include water - conserving
features such as low flow irrigation heads, automatic irrigation scheduling equipment,
flow sensing controls, rain sensors, soil moisture sensors, and other water - conserving
equipment. The landscaping and irrigation plans shall indicate that separate irrigation
lines for recycled water shall be constructed and recycled water will be used when it
becomes available. All irrigation systems shall be designed so that they will function
properly with recycled water.
5.15 -5
Prior to approval of the Final
Prior to approval of the Final Site Plan and building permits, plans shall specifically
Public Utilities
Site Plan and building
show that the water meter and backflow equipment and any other large water system
Department
permits
equipment will be installed to the satisfaction of the Public Utilities Department, Water
Engineering Division, aboveground and behind the building setback line in a manner
fully screened from all public streets and alleys and in accordance with Ordinance No.
4156. Prior to the final building and zoning inspections, the water meter and backflow
equipment and any other large water system equipment shall be installed to the
satisfaction of the Public Utilities Department, Water Engineering Division, in
accordance with the Final Site Plan and the building permit plans.
5.15 -6
Prior to issuance of each
Prior to issuance of each building permit, unless records indicate previous payment,
Public Utilities
building permit, unless
the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service
Department
records indicate previous
shall be paid to the Public Utilities Department, Water Engineering Division in
payment
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
Planning and Building
zoning inspections
for landscape water on all projects where the landscape area exceeds 2,500 square
Department
feet in accordance with Ordinance No. 5349.
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5.15 -8
Prior to the issuance of the
Prior to the issuance of the first building permit or grading permit, whichever occurs
Public Utilities
first building permit or
first, the property owner /developer shall comply with Rule 15E of the Public Utilities
Department
grading permit, whichever
Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to
occurs first
include:
c. 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
d. Construction of a new 16 -inch water main along Harbor Boulevard from
Orangewood to Chapman Avenue.
5.15 -9
Ongoing
Ongoing, the City shall continue to collaborate with the Metropolitan Water District of
Public Utilities
Southern California (MWD), its member agencies, and the Orange County Water
Department
District (OCWD) to ensure that available water supplies meet anticipated demand. If it
is forecasted that water demand exceeds available supplies, staff shall recommend to
City Council to trigger application of the Water Conservation Ordinance (Anaheim
Municipal Code, §10.18), as prescribed, to require mandatory conservation measures
as authorized by Sections 10.18.070 through 10.18.090, as appropriate.
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 Works
subdivision map or issuance
whichever occurs first, the property owner /developer shall participate in the City's
Department
of a grading or building
Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to
permit, whichever occurs
assist in mitigating existing and future sanitary sewer system deficiencies as follows:
first
The property owner /developer shall submit a report for review and approval of the City
Engineer to assist in determining the following:
C. 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.
d. 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
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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 3.10.7 -5
Prior to issuance of the first
Prior to issuance of the first building permit for development of a facility other than
Public Works
(FEIR No. 311,
building permit
parking in the Future Expansion District, the applicant shall enter into an agreement
Department
MMP No. 67)
with the City of Anaheim to pay or cause to be paid its fair share of funding for the
following improvements:
• The applicable segments of a City sewer replacement or parallel line to an
existing 18 -inch City sewer line in Orangewood Avenue from the existing
24 -inch District trunk sewer line at Ninth Street to a point of west of 1 -5. This
will be necessary for construction of the Future Expansion District or any other
developments in the Commercial Recreation Area south of Katella and West of
1 -5. This mitigation will be readdressed in subsequent environmental review for
the Future Expansion District.
• A City sewer main replacement or parallel line in Harbor Boulevard from
Convention Way to Orangewood Avenue.
The City recognizes that these improvements will serve not only the applicant but also
other property owners /developers in the Specific Plan area, the Anaheim Resort, and
the service area, each of which should contribute its allocable share of the cost of
these improvements. To implement this requirement as it applies to other property
owners /developers in the Specific Plan area, the Anaheim Resort, and the service
area, the City shall, and shall make appropriate arrangements with other public
agencies, if any, to reimburse the applicant to the extent that its contributions for these
improvements exceed the applicant's allocable share of the cost. Such arrangements
shall include one or more of the following: (1) creation of integrated financing districts;
(2) entry into a reimbursement agreement with the applicant; (3) creation of
appropriate community facilities districts, assessment districts, and /or use of similar
public financing districts and /or mechanisms; and (4) creation of other such
mechanisms or districts as may be appropriate to provide for the reimbursement of
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these costs. The determination of the allocable share of improvement costs
attributable to the applicant and other property owners /developers, and
reimbursement amounts, shall be based on an apportionment of the costs of such
improvements among property owners /developers, including the applicant, in the
Specific Plan area, the Anaheim Resort, or otherwise defined service area, as
applicable, depending on the area served.
To implement this mitigation measure, the City has adopted the Sewer Impact and
Improvement Fee Program for the South Central City Area. Compliance with this Fee
Program by the property owner /developer (per Ordinance No. 5490 and Resolution
No. 95R -60 dated April 18, 1995) shall satisfy the requirements of this Mitigation
Measure, or the City may enter into alternative financing arrangements with the
applicant.
ELECTRICITY
5.17 -1
Prior to issuance of each
Prior to issuance of each building permit, the property owner /develop shall consult
Public Utilities
building permit
with the City of Anaheim Public Utilities Department, Business and Community
Department
Programs Division in order to review energy efficient measures to incorporate into the
project design. Prior to the final building and zoning inspection, the property owner
developer shall implement these energy efficient measures which may include the
following:
a. High - efficiency air - conditioning systems with EMS (computer) control
b. Variable air volume (VAV) distribution
c. Outside air (100 %) economizer cycle
d. Staged compressors or variable speed drives to flow varying thermal loads
e. Isolated HVAC zone control by floors /separable activity areas
f. Specification of premium - efficiency electric motors (i.e., compressor motors,
air - handling units, and fan -coil units)
g. Use of occupancy sensors in appropriate spaces
h. Use of compact fluorescent lamps
i. Use of cold cathode fluorescent lamps
j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for
outdoor lighting
k. Use of Energy Star@ exit lighting or exit signage.
I. Use of T -8 lamps and electronic ballasts where applications of standard
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fluorescent fixtures are identified
m. Use of lighting power controllers in association with metal - halide or high -
pressure sodium (high intensity discharge) lamps for outdoor lighting and
parking lots
n. Consideration of thermal energy storage air - conditioning for spaces or facilities
that may require air - conditioning during summer, day -peak periods.
o. For swimming pools and spas, incorporate solar heating, automatic covers,
and efficient pumps and motors, as feasible.
p. Consideration for participation in Advantage Services Programs such as:
a. New construction design review, in which the City cost - shares engineering
for up to $10,000 for design of energy efficient buildings and systems
b. New Construction — cash incentives ($300 to $400 per kW reduction in
load) for efficiency that exceeds wa requirements
c. Green Building Program — offers accelerated plan approval, financial
incentives, waived plan check fees and free technical assistance.
5.17 -2
Prior to final building and
Prior to final building and zoning inspection, the property owner /developer shall install
Public Utilities
zoning inspection
an underground electrical service from the Public Utilities Distribution System. The
Department
Underground Service will be installed in accordance with the Electric Rules, Rates,
Regulations and Electrical Specifications for Underground Systems. Electrical Service
Fees and other applicable fees will be assessed in accordance with the Electric Rules,
Rates, Regulations and Electrical Specifications for Underground Systems.
5.17 -3
Prior to issuance of each
Prior to issuance of each building permit, the property owner /developer shall submit
Planning and Building
building permit
plans and calculations to the City of Anaheim Planning Department, Building Division,
Department
to demonstrate that the energy efficiency of each building will exceed the Title 24
Energy Efficiency Standards for Residential and Nonresidential Buildings current at
the time of application by at least 10 percent.
5.17 -4
Prior to approval of a Final
Prior to approval of a Final Site Plan, the property owner /developer shall coordinate
Public Utilities
Site 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 Works
subdivision map, or
permit, whichever occurs first, the property owner /developer shall participate in the
Department
issuance of a grading or
City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee)
building permit, whichever
Program to assist in mitigating existing and future storm drainage system deficiencies
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occurs first
as follows:
The property owner /developer shall submit a report for review and approval by the
City Engineer to assist with determining the following:
c. 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.
d. 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 -2
Ongoing
Ongoing, the City shall work with the Orange County Flood Control District (OCFCD)
Public Works
to ensure that flood control facilities are well maintained and capable of
Department
accommodating, at a minimum, future 25 -year storm flows for City -owned and
maintained facilities, and 100 -year storm flows for County facilities. Where
improvements to local drainage facilities have the potential to increase discharges to
County facilities, the City shall analyze potential impacts to County facilities in
consultation with the Manager, County of Orange Flood Control Division.
Encroachment Permits shall be obtained from the County's Public Property Permits
Section for any activity performed within OCFCD's right of way.
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Mitigation
Responsible for
Measure Number
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5.18 -3
Prior to the issuance of
Prior to the issuance of building permits, the City shall require that building plans
Planning and Building
building permits
indicate that new developments will minimize stormwater and urban runoff into
Department
drainage facilities by incorporating design features such as detention basins, on -site
water features, and other strategies.
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Addendum to FOR No. 311 and SEIR No. 340
Mitigation
Measure Number
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OTHER PUBLIC UTILITIES
5.19 -1
Prior to issuance of each
Prior to issuance of each building permit; to be implemented prior to final building and
Public Works
building permit; to be
zoning Inspection, the property owner /developer shall submit project plans to the
Department
implemented prior to final
Public Works Department for review and approval to ensure that the plans comply with
building and zoning
AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of
Inspection
Anaheim and the County of Orange and City of Anaheim Integrated Waste
Management Plans. Prior to final building and zoning inspection, implementation of
said plan shall commence and shall remain in full effect. Waste management
mitigation measures that shall be taken to reduce solid waste generation include, but
are not limited to:
e. Detailing the location and design of on -site recycling facilities.
f. Providing on -site recycling receptacles to encourage recycling.
g. Complying with all Federal, State and City regulation for hazardous material
disposal.
h. 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:
f. Facilitating recycling by providing chutes or convenient locations for sorting
and recycling bins.
g. Facilitating cardboard recycling (especially in retail areas) by providing
adequate space and centralized locations for collection and storing.
h. Facilitating glass recycling (especially from restaurants) by providing adequate
space for sorting and storing.
i. 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.
j. Prohibiting curbside pick -up.
5.19 -2
Ongoing during project
Ongoing during project operation, the following practices shall be implemented, as
Public Works
operation
feasible, by the property owner /developer:
Department
a. Usage of recycled paper products for stationary, letterhead, and packaging.
b. Recovery of materials such as aluminum and cardboard.
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Mitigation
Measure Number
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Responsible for
Monitoring
Completion
c. Collection of office paper for recycling.
d. Collection of polystyrene (foam) cups for recycling.
e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil,
batteries, and scrap metal for recycling or recovery.
5.19 -3
Prior to issuance of building
Prior to issuance of building permits, plans shall show that trash storage areas shall
Public Works
permits
be provided and maintained in a location acceptable to the City of Anaheim
Department
Department of Public Works, Operations Division. On an ongoing basis, trash storage
areas shall be provided and maintained in accordance with approved plans on file with
said Department.
5.19 -4
Prior to issuance of each
Prior to issuance of each building permit, the Property Owner /Developer shall
Public Works
building permit
demonstrate that the plans include provisions for the installation of trash and recycle
Department
receptacles near all benches and near high traffic areas such as plazas, transit stops
and retail and dining establishments.
5.19 -5
Prior to issuance of each
Prior to issuance of each grading and building permit, the Property Owner /Developer
Planning and Building
grading and building permit
shall 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 75
percent of non - hazardous construction and demolition debris shall be recycled or
salvaged and identifies the materials to be diverted from disposal and whether the
materials will be sorted on site or co- mingled.
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