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RES-2016-133RESOLUTION NO. 2016-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL: USE PERMIT NO. 2016-05859 AND FINAL SITE PLAN NO. 2016-00002. (DEV2015-00132) (1030 WEST KATELLA AVENUE) WHEREAS, the City of Anaheim received a verified petition from FJS, Inc., a Texas corporation (the "Developer"), requesting that the City of Anaheim ("City") consider and approve a Development Agreement, designated as "Development Agreement No. 2016-00002", in conjunction with the Developer's application for Conditional Use Permit No. 2016-05859 and Final Site Plan No. 2016-00002 to permit the construction of a AAA Four Diamond Hotel containing up to 634 hotel rooms, up to 42,000 square feet of meeting space, up to 31,179 square feet of retail and restaurant space, a seven -level parking structure, of which the ground floor would be dedicated to back -of -house uses for the Anaheim Convention Center, and a zero -foot wide interior setback along the east property line (herein referred to collectively as the "Proposes'. Project") for (a) that certain 6.44 -acre (approximate) parcel of land located at 1030 West Katella. Avenue in the City of Anaheim, County of Orange, State of California(herein referred to as the "Developer's Property"), and (b) that certain 1.67 -acre (approximate) triangular parcel of land currently owned by the City (herein referred to as the "City Property") and proposed for sale to the Developer for development of the Proposed Project. The Developer's Property and the City Property are herein referred to collectively as the "Property". The Property is generally depicters on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, the Developer's Property is developed with a 358 -room hotel and accessory uses. The City Property is a back -of -house area used by the City in conjunction with the Anaheim Convention Center. The Anaheim General Plan and the Anaheim Resort Specific Plan designate the Property for Commercial Recreation land (zses. The Developer's Property is located within the boundaries of the Commercial -Recreation (C-R) District (Development Area 1) of the Anaheim.Resort Specific Plan Zone (the "SP 92-2 Zone"). The City Property is located within the boundaries of the Public -Recreation (PR) District of the SP 92-2 Zone; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan ("ARSP") to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The ARSP 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 ARSP 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 located within the ARSP area into th;: Anaheim Resort Specific Plan Zone (the; "SP 92-2 Zone"), subject to certain conditions as spec.fied therein. The City Council concurrently adopted Ordinance No. 5453 for the purpose of establishing zoning and development standards for the ARSP area in the form of what was then known as Chapter 18.48 of Title 18 (Zoning) of the Anaheim Municipal Code (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 Title 18 (Zoning) of the Code; and WHEREAS, in support of the adoption of the ARSP and the zoning and development standards for the SP 92-2 Zone, 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 ARSP 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 ARSP, including an increase of up to 406,359 square feet of convention center space, 180,000 square feet of commercial development, 900 hotel rooms, and 40,000 square feet of hotel meeting/ballroom space within the PR District of the ARSP; and 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; h erein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manwil, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in connection with the Proposed Projei t, an Addendum to SEIR No. 340, dated June 2016 (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 SEIR No, 340 would result from the Proposed Project or whether previously identified significant impacts would be substantially more severe in connection with the Proposed Project. SEIR No. 340, the proposed Addendum, the mitigation measures set forth in Mitigation Monitoring Program 85C approved in conjunction with SEIR No. 340, and Mitigation Monitoring Plan No. 332 ("MMP No. 332"), which MMP No. 332 has been prepared for the Proposed Project, collectively constitute the environmental documentation under and pursuant to CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual relating to the Proposed Project and shall be referred to herein collectively as the "CEQA Documents"; and WHEREAS, on June 13, 2016, the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission") did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence and testimony concerning the contents and sufficiency of the Addendum and for and against the Proposed Project and to investigate and make findings in connection therewith; and 0 WHEREAS, following said public hearing and pursuant to and in accordance with the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the Planning Commission considered all factors relating to the Proposed Project, including the Addendum, together with the other CEQA Documents, and did adopt its Resolution No. PC2O16-045 containing a report of its findings, a summary of the evidence presented at said hearing, and finding and determining and also recommending that the City Council so find and determine that (i) the Addendum, together with the other CEQA Documents, satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Project; (ii) none of the conditions described in Sections 15162 or 15163 of the CEQA Guideline= calling for the preparation of a subsequent or supplemental EIR have occurred in connection wit'n the Proposed Project; (iii) no further environmental documentation needs to be prepared under CEQA for the Proposed Project; and (iv) recommending that the City Council approve and adopt the Addendum and MMP No. 332 for the Proposed Project; and WHEREAS, by the adoption of its Resolution No. PC2O16-047 on June 13, 2016, the Planning Commission approved and recommended that the City Council approve Conditional Use Permit No. 2016-05859 and Final Site Plan No. 2016-00002 contingent upon and subject to the conditions of approval set forth in Exhibit B attached to Resolution No. PC2O16-047; and WHEREAS, by the adoption of its Resolution No. PC2O16-046 on June 13, 2016, the, Planning Commission also found and determined that the Developer has demonstrated eligibility to enter into the proposed Development Agreement and that the proposed Development Agreement meets the criteria set forth in the Development Agreement Law and, therefore, recommended to tote City Council that said proposed Development Agreement be approved; and WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2O16-045.. PC2O16-046 and PC2O16-047, a summary of evidence, a report of the findings and recommendations; of the Planning Commission, the City Council did fix the 12th day of July, 2016, as the time. and the City Council Chamber in the Civic Center, as the place, for a public hearing on Devel pment Agreement No. 2016-00002, Conditional Use Permit No. 2016-05859 and Final Site Plein No. 2016-00002 for the Proposed Project (collectively referred to as the "Proposed Entitlennents"), and for the purpose of considering the Addendum and the other CEQA Document s., and did give notice thereof in the manner and as provided by law; and, WHEREA. IS-, at said public hearing, upon hearing and considering all testimony and arguments (if anyl of all persons desiring to be heard, the City Council considered all factors relating to the Proposed Project, including the Addendum, together with the other CEQA Documents, and the recommendations of the Planning Commission; and WHEREAS, by the adoption of a resolution concurrently with but prior in time to the adoption of this Resolution and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this City Council has found and determined the following: 3 1. That the Addendum, together with the other CEQA Documents, collectivet constitute the environmental documentation under and pursuant to CEQA relating to the Proposed Entitlements and the Proposed Project; 2. 'That, pursuant to the findings contained in said concurrent resolution, the CEQA Documents satisfy all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Entitlements and the Proposed Project and, together with MMP No. 332 for the Proposed Project, should be approved and adopted; and 3. That no further environmental documentation needs to be prepared under CEQA for the Proposed Entitlements and the Proposed Project. WHEREAS, following said public hearing, this City Council, after due consideration; inspection, investigation and study made by itself and in its behalf, and after due consideration of the recommendations of the Planning Commission and all evidence and reports offered at said hearing does hereby find and determine that all of the conditions and criteria set forth in the Code with respect to Conditional Use Permit No. 2016-05859 are present; that is: 1. The request to construct the Proposed Project is properly one for which a conditional use permit is authorized in the Public -Recreation (PR) District o'the SP 92-2 Zone, subject to a conditional use permit pursuant to subsection, .020 of Section 18.116.110 (Land Use and Site Development Standards -- Public Recreation (PR) District (Development Area 2)) and the standards «,nd regulations of the "PR" (Public Recreational) Zone as set forth in Chapter 18-14 (Public and Special Purpose Zones) of the Code; 2. The request to construct the Proposed Project would not adversely affect the surrounding land uses and the growth and development of the area because thc� proposed density is within the scope of what was previously analyzed for the subject Property; 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because, with the exception !)f the setback determination for the east property line, the Proposed Project con;plies with all development standards of the SP 92-2 Zone; 4. The traffic generated by the proposed Project would not impose an undue burc'en upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property Will be consistent with the amount previously analyzed for the site; and 5. The granting of Conditional Use Permit No. 2016-05859 under the conditions imposed will not be detrimental to the health and safety of the citizens of the Cit; of Anaheim. M WHEREAS, this City Council further finds and determines that the request for a zero - foot wide interior'setback along the east property line should be approved by the City Council for the following reasons: 1.. The request to provide a zero -foot wide interior setback in the Public -Recreation (PR) District of the SP 92-2 Zone adjacent to the east property line is a request the approval for which the City Council is authorized to make pursuant to Section 18.116.110 (Land Use And Site Development Standards — Public Recreation (PR) District (Development Area 2)) and Section 18.14.100 (Structural Setbacks) of the Code, which sections require setbacks within the Public -Recreation (PR) District to be compatible with standards of the C-R District. 2. In the adjacent Commercial Recreation (C-R) District (Development Area 1) of the SP 92-2 Zone, the Code requires a minimum 10 -foot wide interior setback and the portion of the Proposed Project within the Public - Recreation (PR) District has a zero -foot wide interior setback along the east property line. 3. The portion of the building closest to, and visible from, Katella Avenue would have a setback of at least 22 feet from the east property line. 4. The portion of the Proposed Project that would have a zero -foot wide setback along an interior property line is adjacent to the existing Anaheim Conventiori Center fire lane and would maintain a substantial building separation between the hotel and adjacent Anaheim Convention Center buildings. 5. From Katella Avenue, the zero -foot wide interior setback would not be perceivable due to the angle of the building and because the portion of the building that would have a zero -foot setback is at least 110 feet from the public right-of-way. 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 Resohation as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan No. SP92-2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code, with the exception of the setback determination, 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. 5 3. The architectural design of the Proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the Proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The Proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed Project. WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and determinations, this City Council does hereby approve (1) Conditional Use Permit No. 2016- 058590, (2) the request for a zero -foot wide interior setback along the east property line of the Property, and (3) Final Site Plan No. 2016-00002, contingent upon and subject to (i) the mitigation measures set forth in Mitigation Monitoring Program 85C approved in conjunction with SEIR No. 340 and MMP No. 332 for the Proposed Project, and (ii) the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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. rel THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 12 day of July , 2016, by the following roll call vote: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSENT: Mayor Tait ABSTAIN: None ATTEST: CITY CLERK OF THE CITY OF NAHEIM 117796v1/TJR 7 CITY OF ANAHEIM MA OR OF THE CITY OFAHEIM PRO TEM AY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2016-133 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 12th day of July, 2016, by the following vote of the members thereof: AYES: Mayor Pro Tem Kring and Council Members Murray and Brandman NOES: Council Member Vanderbilt ABSTAIN: None ABSENT: Mayor Tait IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of July, 2016. CITY CLERK •CITY�OF ANAHEIM (SEAL) EXHIBIT "A" DEV NO. 2015-001,32 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05859, AND FINAL SITE PLAN NO. 2016-00002 (DEV2015-00132) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF DEMOLITION PERMITS 1 MM 5.2-4: Prior to issuance of each grading permit (for Import/Export Planning and Plan) and prior to issuance of demolition permit (for Demolition Plan), the Building property ov mer/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 Cot:,nty. 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. 2 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 Building shall be 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. 3 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 Building schedule for 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 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 sha ".l be developed by the Biologist. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 4 MM 5.7-4: Prior to issuance of the first grading or demolition permit, Fire whichever 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. PRIOR TO ISSUANCE OF GRADING PERMIT 5 MM 5.4-1: Prior to issuance of each grading permit, the property Public Works owner/developer 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 be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. 6 MM 5.4-2: Prior to issuance of each grading permit, the property Public Works owner/developer 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. Specimers that are collected prior to or during the grading process will NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT be donated to an appropriate educational or research institution. c. Any paJcontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during 8;-ading operations when the paleontological monitor is not present, ,grading shall be diverted around the area until the monitor can survey the area. 7 MM 5.5-6: Prior to issuance of building or grading permits, the property Planning and owner/developer shall submit to the Planning 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 op ,-rations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 8 MM 5.15-8: Prior to the issuance of the first building permit or grading Public Utilities permit, 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. 9 MM 5.16-1: Prior to approval of a final subdivision map or issuance of a Public Works grading or building permit, whichever occurs first, the property owner/developer shall participate in the City's Master Plan of Sewers and related Infralstructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies as follows: The property owner/developer shall submit a report for review and approval of ` he City Engineer to assist in determining the following: a) If the de=velopment/redevelopment (1) does not discharge into a sewer system fl at is currently deficient or will become deficient because of that disc,iiarge 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 deyelopment/redevelopment (1) discharges into a sewer system that is currently deficient or wi44 may 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 develop a Sewer Study t6 determine the impacts and required improvements to correct those impacts. Property owner/developer shall guarantee mitigation to the satisfaction of the City Engineer and the City Attorney NO. CONDITIONSOF APPROVAL RESPONSIBLE DEPARTMENT of the irnpact prior to approval of a final subdivision map or issuance of a gradin:- or building permit whichever occurs first, pursuant to the improvernents identified in the individual Sewer Study or the applicable City Master Sewer Plan SetAh Gei4fal 4rea Sewer '-'�eiefiey Study. The property owner/developer shall be required to install the sanitary sewer facilities, as recommended by the aforementioned applicable Sewer Study or Plan SatAh Gentf.,' Are Sewe r Toney Study, prior to acceptance for rnaintenance of public improver�.ents 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 acid approval which shall contain, at a minimum, (1) a layout of the cowplete system, (2) all facility sizes, including support calculati,.Yns, (3) construction phasing, and (4) construction estimates. The City n,cognizes that these improvements will serve not only the applicant but also other property owners/developers in the Specific Plan area, the Avaheim 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 --ith 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 improvementt costs attributable to the applicant and other property owners/deve ropers, and reimbursement amounts, shall be based on an apportionme at of the costs of such improvements among property owners/developers, including the applicant, in the Specific Plan area, the Anaheim Rc.sort, or otherwise defined service area, as applicable, depending ori the area served. The study shall determine the impact of the project sewclr. flows for total build out of the project and identify local deficiencies _'or each project component (i.e., each hotel). NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 10 MM 5.8-1: Prior to issuance of the first grading or building permit, Public Works whichever occurs first, the property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by.ihe 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. 11 MM 5.8-2: Prior to issuance of a grading permit for sites that disturb more Public Works than 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. 12 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 .ior review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 13 MM 5.14-3: _Prior to approval of the first final subdivision map or issuance Public Works of the firs', 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 high i',ay right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. 14 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 wo.th the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. 15 MM 5.14-15: Based upon the improvement phasing analysis in the Project Public Works traffic stud-,-, the property owner/developer shall implement traffic improvements as identified in the Project traffic study to maintain satisfactory levels of service as defined by the City's General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analysis will.specify the timing, funding, construction, and fair -share responsibilities for all traffic improvements necessary to maintain NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. 16 MM 5.14-19: Prior to the approval of the final subdivision map or issuance Public Works of 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, vii; an agreement mutually acceptable to Caltrans and the City. 17 MM 5.18-1: Prior to approval of a final subdivision map, or issuance of a Public Works grading 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. 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 p-rior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improverients 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 NO, CONDITIONS OF APPRO'VAI. RESPONSIBLE DEPARTMENT Infrastru4;ture 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. 18 MM 5.19-5: Prior to issuance of each grading and building permit, the Planning and Property Owner/Developer shall submit to the Planning Director or Building Planning Services 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. PRIOR TOAPPROVAL OFA LOT LINEADJUSTMENT 19 MM 5.14-10 Prior to approval of a lot line adjustment, the following Public Works Street Desigl.. Elements shall be shown: a) Stree': cross-sections, including dimensions, labels, circulation designation (i.e., Resort Secondary) and whether public or private. b) Stree,d'grades and vertical alignment c) Hori2.ontal alignment, including radii, and cul-&-sac radii. ONGOING DURING PROJECT DEMOLITION AND CONSTRUCTION 20 MM 5.5-5. Ongoing during grading activities, the property Planning and owner/developer shall implement standard practices for all applicable codes Building and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. 21 MM 5.7-6: Ongoing during project demolition and .construction, in the Fire event that 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. PRIOR TO THE PLACF,:'t1ENT OFB UILDING MATERIALS ONA BUILDING SITE 22 MM 5.12-13: Prior to the placement of building materials on a building Fire site, an all-v,,uather road shall be provided from the roadway system to and on the consti—action site and for fire hydrants at all times, as required by the Fire Departn,.ent. Such routes shall be paved or, subject to the approval of NO. CONDITIONSOF APPROVAL RESPONSIBLE DEPARTMENT 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 THE PLA CEMENT OFBUILDING MATERIALS ON BUILDING SITE 23 MM 5.12-5:. Prior to commencement of structural framing on each parcel or Fire lot, onsite fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. PRIOR TO ISSUANCE OF BUILDING' PERMITS 24 Prior to issuance of building permits for the parking garage, plans shall demonstrate compliance with all City standard details. 25 MM 5.1-2: Prior to issuance of building permits, all plumbing or other Planning and similar pipes and fixtures located on the exterior of the building shall be Building shown on plans as fully screened from view of adjacent public rights-of- way and from adjacent properties by architectural devices and/or appropriate 1)uilding 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. 26 MM 5.1-11: Prior to issuance of each building permits, unless records Planning and indicate previous payment, a fee for street tree purposes shall be paid or Building cause to be paid to the City of Anaheim based on, the length of street frontage in an amount as established by City Council resolution or credit against the.ree given for City authorized improvements installed by the property owner/developer. 27 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 Building plans as shie7Ided from public view and the sound buffered to comply with City of An;theim noise ordinances from any adjacent residential or transient-occ-11pied 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. 28 MM 5.2-2: '-'rior to the issuance of each building permit, the property Planning and owner/deveh)ver shall submit evidence that low emission paints and Building coatings are 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 err. ssions from architectural coating operations would not exceed 75 pounds p, --r day averaged over biweekly periods. The calculations shall show, for eaci h coating, the surface area to be coated, gallons (or liters) of NO. CONDITIONS OF APPROVAL. RESPONSIBLE DEPARTMENT coating per, unit surface area, and VOC content per gallon (or liter). The property ow>ner/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. 29 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 Department. 30 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 Building that are 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. Incorporzte energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought -resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current a:[ the time makes this installation infeasible. 31 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 inforination for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 32 MM 5.5-2: Prior to issuance of each foundation permit, the property Planning and owner/develcloer shall submit a report prepared by a geotechnical engineer Building to the Plannng 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 a`nd to ensure that compressibility does not underlie the footing. 33 MM 5.5-3: Prior to issuance of each building permit, the property Planning and NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT owner/developer shall submit plans to the Planning Department, Building Building Services 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. 34 MM 5.10-9`: Prior to issuance of each building permit, the property Planning and owner/devek.)per shall present plans and calculations to the Planning Building Department; 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. 35 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 neared noise sensitive receptor, whichever is more restrictive. 36 MM 5.10-12: Prior to issuance of each building permit if pile driving and Planning and blasting is anticipated during construction, a noise and vibration analysis Building must be prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. 37 MM 5.12-2: Prior to the issuance of each building permit for a parking Police structure, 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. 38 MM 5.12-4: 'Prior to issuance of each building permit, the project design Police shall 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. 39 MM 5.12-7: Prior to issuance of each building permit; to be implemented Fire prior to 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 NO. CONDITIONS OF APPROVAL, RESPONSIBLE DEPARTMENT zoning inspection. 40 MM 5.12-8. Prior to issuance of each building permit, plans shall be Fire submitted to 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. 1=1ow rates for public parking facilities shall be set at 1,000 to 1,500 gpin. 41 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 addi tional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units. additional manpower, equipment and facilities. d. A vehicl w 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 determiDation of the allocable share of costs attributable to the property NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT owner/devel:;per shall be based on an apportionment of the costs of such equipment/fikilities among property owners/developers in the Hotel Circle Specific Ply-a 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 altemative financing arrangements. 42 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 shat be operational with required fire flow. 43 MM 5.12-11-4: Prior to approval of building plans, the property Fire owner/developer 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 Departinent. 44 MM 5,12-17: Prior to issuance of each building permit, the property Planning and owner/develt,ver shall provide proof of compliance with Government Code Building Section 53080 (Schools). 45 MM 5.12-L'�: 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. 46 MM 5.14-2: Prior to issuance of the first building permit for each building, Public Works the property, owner/developer shall pay the appropriate Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees to the City of Anab.eim in amounts determined by the City Council Resolution in effect at the gime 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 distrits, which have been established. 47 MM 5.14-12: Prior to the issuance of the first building permit, the location Public Works of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 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. 48 MM 5.14-13: Prior to the issuance of building permits, plans shall show Public Works that all driveways shall be constructed with a minimum fifteen (15) foot radius curb :-eturns as required by the City Engineer, unless otherwise approved by the City Engineer. 49 MM 5.14-1z�-: Prior to the issuance of building permits or final map Public Works approval, 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 tht:. 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 50 MM 5.15-1: Prior to issuance of each building permit (to be implemented Planning and prior to finai building and zoning inspections, and continuing on an on- Building going basis during project operation), the property owner/ developer shall submit to the Planning Services Division 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 itlformation to the public in conspicuous places regarding water conservation. j) Use of water conserving landscape plant materials wherever feasible. 51 MM 5.15-2: -Prior to issuance of each building permit, all water supply Public Utilities planning 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. 52 MM 5.15-3: Prior to issuance of each building permit, water pressure Planning and greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or Building less by means of pressure reducing valves installed at the property owner/developer's service. 53 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 fatures 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT irrigation plans shall indicate that separate irrigation lines for recycled water shall bU constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly wit': recycled water. 54 MM 5.15-6" Prior to issuance of each building permit, unless records Public Utilities indicate pre ,Mous payment, the appropriate fees for Primary Mains, Secondary T\,iains 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. 55 MM 5.17-1. Prior to issuance of each building permit, the property Public Utilities owner/develop 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 :sir volume (VAV) distribution c. Outside air (100%) economizer cycle d. Staged c.'impressors or variable speed drives to flow varying thermal loads e. Isolated JJVAC 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 ccmpact fluorescent lamps i. Use of c�;ld cathode fluorescent lamps j. Use of �_ight 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 l ahting 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT facilities, that may require air-conditioning during summer, day-peak periods. o. For switnming 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 Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 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 5.18-3: Prior to the issuance of building permits, the City shall require Public Works that 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. 58 MM 5.19-1: Prior to issuance of each building permit; to be implemented Public Works prior to final building and zoning Inspection, the property owner/developer shall submit project plans to the Public Works Department for review and approval to-,nsure 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 (-Yange and City of Anaheim Integrated Waste Management Plans. Prior io 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. Particip V'ing in the City of Anaheim's "Recycle Anaheim" program or NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 aiid recycling bins. b. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non -recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick-up. PRIOR TO APPROVAL OF WATER PLANS 59 MM 5.12-15: Prior to approval of on-site water plans, unless each Fire commercial `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. 60 MM 5.12-16: Prior to approval of water improvement plans, the water Fire supply 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. ONGOING D TIRING CONSTRUCTION T 61 MM 5.2-3: Ongoing during construction, the property owner/developer Planning and shall implement measures to reduce construction -related air quality Building impacts. These measures shall include, but are not limited to: a. Normal Avetting 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 :.lust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain. the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. in. Use lova, 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. 62 MM 5.10-6: Ongoing during construction and project operation, pressure Planning and washing operations for purposes of building repair and maintenance due to Building graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT MM 5.10-7: Ongoing during construction and project operation, sweeping Planning and 63 operations in the parking facilities and private on-site roadways shall be Building performed u._ilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 64 MM 5.14-7: Ongoing during construction, if the Anaheim Police Police Department or the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property Public Works owner/developer shall reimburse the City, on a fair-share basis, if applicable, for reasonable costs associated with such services. PRIOR TO EACH FINAL BUILDING AND ZONING INSPECTION MM 5.1-6: Prior to final building and zoning inspections, root and sidewalk Planning and 65 barriers shall be provided for trees within seven feet of public sidewalks. Building 66 MM 5.1-7 and 5.8-4: Prior to final building and zoning inspections, the Planning and property oxxmer/developer shall submit to the Planning and Building Building Department u letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping flans approved in connection with the Final Site Plan. 67 MM 5.5-4: Prior to the final building and zoning inspection for a Fire hotel/motel,. the property owner/developer shall submit an earthquake emergency r:°sponse 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. MM 5.8-4: Prior to each final building and zoning inspection, the property Planning and 68 owner/developer shall submit a letter from a licensed landscape architect to Building the City cerifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 69 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. 70 MM 5.12-101: Prior to each final building and zoning inspection, the Fire property owrer/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. 71 MM 5.14-4: Prior to the final building and zoning inspection, the property Public Works owner 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 tine project. The property owner shall also record a covenant on the property :that requires participation in these programs ongoing during NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 72 MM 5.14-8: Prior to the final building and zoning inspection, the property Public Works owner shall -record a covenant on the property requiring that ongoing during project implf�mentation, 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 idesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project-g,2nerated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. 73 MM 5.14-9: Prior to the final building and zoning inspection, the property Public Works owner/develc:9per 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 ire 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 :)f matching numbers of employees who live in geographic proximit w to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit .Vass. 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 trorn throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximitG• to the project, and offer a local shuttle program to encourage NO, CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT employeil,s 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. Guaranteod 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 jnonth 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 Reductions. 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT other alternative transportation modes so as to put highest priority on reduction of longest commute trips. MM 5.14-11: Prior to the recordation of a subdivision map or issuance of Planning and 74 the first building permit, whichever occurs first, in the event that a parcel is Building subdivided and there is a need for common on-site circulation and/or parking, prier 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 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. 75 MM 5.14-21: Prior to the final building and zoning Inspection every Public Works property 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. 76 MM 5.15-7: Prior to final building and zoning inspections, a separate water Planning and meter shall be installed for landscape water on all projects where the Building landscape area exceeds 2,500 square feet in accordance with Ordinance No. 6160. 77 MM 5.17-2: Prior to final building and zoning inspection, the property Public Utilities owner/developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. ONGOING 78 Ongoing, the on-site hotel management shall abide by the approved Internal Public Works Operations Plan for the project. Any changes to said plan shall be reviewed and approved by the City Traffic and Transportation Manager. The City Traffic and Transportation Manager shall have the authority to recommend modifications to the plan, once the hotel is in operation. 79 MM 5.1-3: Ongoing, the property owner/developer shall be responsible for Planning and the removal of any on-site graffiti within 24 hours of its application. Building NCI. CONDITIONS OF APPRO'V'AL ' RESPONSICBLE DEPARTMENT 80 MM 5.1-8: Ongoing, all on-site non -Public Realm landscaping and Planning and irrigation systems, and Public Realm landscaping and irrigation systems, Building within area it which dedication has not been accepted by the City, shall be maintained �)y the property owner/developer, in compliance with City standards. 81 MM 5.1-9: Ongoing, any tree planted within the Setback Realm shall be Planning and replaced in .a timely manner in the event that it is removed, damaged, Building diseased and/or dead. 82 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 83 MM 5.2-1: Ongoing during project operation, the property owner/developer Planning and shall implement measures to reduce emissions to the extent practical, Building schedule goods movements for off-peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. 84 MM 5.8-3: Ongoing during project operations, the property Planning and owner/developer shall provide for the following: cleaning of all paved areas Building not maintain, d by the City of Anaheim on a monthly ,basis, including, but not limited io, 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. 85 MM 5.10-1: ?rior to each final building and zoning inspection, the property Planning and owner/developer shall submit a letter from a licensed landscape architect to Building the City cer{ifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 86 MM 5.12-3: Ongoing during project operation, the property owner/developer Police^ shall provide private security on the premises to maintain adequate security for the entre 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 thy:: area. 87 MM 5.12-18: Ongoing, the City will work cooperatively with school Planning and districts to identify opportunities for new schools and school expansion. Building 88 MM 5.15-9: Ongoing, the City shall continue to collaborate with the Public Utilities Metropolitan. Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available wares supplies meet anticipated demand. If ;it is forecasted that water demand exceeds available supplies, staff shall recommend to City NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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, a. appropriate. 89 MM 5.19-2: Ongoing during project operation, the following practices shall Public Works be implemented, as feasible, by the property owner/developer: a. Usage of recycled paper products for stationary, letterhead, and packagin ?. b. Recoverof 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.