Resolution-PC 2017-028RESOLUTION NO. PC2017-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM DETERMINING THAT THE PREVIOUSLY -CERTIFIED
FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340
SERVES AS THE APPROPRIATE ENVIRONMENTAL
DOCUMENTATION AND APPROVING VARIANCE NO. 2016-05078,
FINAL SITE PLAN NO. 2016-00007 AND ADMINISTRATIVE
ADJUSTMENT NO. 2016-00391 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2016-00034)
(100-130 WEST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified Petition for Variance No. 2016-05078, Final
Site Plan No. 2016-00007 and Administrative Adjustment No. 2016-00391 to construct a five -
story, 178 -room hotel with a shorter entry drive length and an Administrative Adjustment for
fewer parking spaces than required by the Anaheim Municipal Code (the "Code") (collectively
referred to herein as the "Proposed Project") for certain real property located at 100-130 West
Katella Avenue in the City of Anaheim, County of Orange, State of California, as generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property"); and
WHEREAS, the Property, consisting of approximately 2.06 acres, is comprised of a
vacant parcel and a larger parcel developed with vacant motel buildings (formerly the Arena Inn
& Suites). The Anaheim General Plan designates the Property for Commercial Recreation land
uses. The Property is located within the boundaries of the Commercial Recreation (C-R) District
(Development Area 1) of the the Anaheim Resort Specific Plan area and is subject to the zoning
and development standards set forth in Section 18.116.060 (Development Density Areas —
Commercial Recreation (C-R) District (Development Area 1)) and 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 Title 18 (Zoning)
of the Code; and
WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort
Specific Plan to provide a long-range comprehensive plan for future development of
approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim
Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape
program, and a public facilities plan, intended to maximize the area's potential, guide future
development, and ensure a balance between growth and infrastructure. The Anaheim Resort
Specific Plan permits the development of hotel, convention, retail, and other visitor -serving uses
as well as the infrastructure improvements that are needed to support future development; and
WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City
Council certified the Master Environmental Impact Report for the Anaheim Resort Specific Plan
("MEIR No. 313") by the adoption on September 20, 1994 of its Resolution No. 94R-234; and
-1- PC2017-028
WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental
Environmental Impact Report No. 2008-00340 for Amendment No. 14 to the Anaheim Resort
Specific Plan ("Final EIR No. 340") (which Final EIR No. 340 included mitigation measures, a
water supply assessment, a statement of overriding considerations and findings thereto), which
reevaluated all of the environmental changes that had occurred in and around the Anaheim Resort
Specific Plan Area since its adoption in 1994 and contained an analysis of the potential
environmental impacts of various entitlements and actions referenced therein, including, inter
alia, entitlements permitting the maximum build -out of the Anaheim Resort Specific Plan,
including an increase of up to 406,359 square feet of convention center space, 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 6, 2017 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. 2016-05078, Final Site
Plan No. 2016-00007 and Administrative Adjustment No. 2016-00391 to investigate and make
findings and recommendations in connection therewith; 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; 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, pursuant to paragraph .0204 (Environmental Review) of subsection .020
(Final Site Plan Review and Approval) of Section 18.116.040 (Methods and Procedures for
Specific Plan Implementation) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP
92-2) Zoning and Development Standards) of the Code, the Planning Commission hereby finds
and determines that, in accordance with CEQA, the CEQA Guidelines, and the City's Local
CEQA Procedure Manual, the approvals required under CEQA for the Proposed Project have
been made pursuant to the prior certification of MEIR No. 313 and Final EIR No. 340, prior
approvals of related resolutions and ordinances, and the prior filing of a notice of determination;
and
WHEREAS, the Planning Commission further finds and determines that Final EIR No.
340 will serve as the appropriate environmental documentation in connection with the Proposed
Project and that none of the conditions set forth in Sections 15162 or 15163 of the CEQA
Guidelines calling for the preparation of a subsequent environmental impact report or a supplement
to Final EIR No. 340 have occurred; specifically:
a. There have not been any substantial changes in the project analyzed in Final EIR No.
340 that require major revisions of Final EIR No. 340 because of new significant environmental
effects or a substantial increase in the severity of previously identified significant effects;
-2- PC2017-028
b. There have not been any substantial changes with respect to the circumstances under
which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to
the involvement of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects; and
c. There is no new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time Final EIR No.
340 was certified as complete was adopted, that shows any of the following: (a) the Proposed
Project will have one or more significant effects not discussed in Final EIR No. 340; (b)
significant effects previously examined will be substantially more severe than shown in Final EIR
No. 340; (c) mitigation measures or alternatives previously found not to be feasible would in fact
be feasible and would substantially reduce one or more significant effects of the Proposed Project,
but the project proponents decline to adopt the mitigation measures or alternatives; or (d)
mitigation measures or alternatives which are considerably different from those analyzed in Final
EIR No. 340 would substantially reduce one or more significant effects on the environment, but
the project proponents decline to adopt the mitigation measures or alternatives; and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and
considered Mitigation Monitoring Plan No. 345 ("MMP No. 345"), which measures have been
incorporated in to the Conditions of Approval attached hereto as Exhibit B and incorporated herein
by this reference, which 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 the mitigation measures identified in MMP No. 345, the
Proposed Project will not result in any new significant impacts to the environment and there is no
substantial evidence that the Proposed Project will have a significant effect on the environment;
and
WHEREAS, the Planning Commission finds and determines that the Proposed Project does
not exceed the maximum hotel room density allowed in the Commercial Recreation (C-R) District
(Development Area 1) under Section 18.116.060 (Development Density Areas — Commercial
Recreation (C-R) District (Development Area 1)); 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 178 -room, five -story hotel with shorter entry
drive length and fewer parking spaces than required by the Code, has determined that Variance No.
2016-05078 should be approved for the following reasons:
SECTION NO. 18.116.140.110.1105.03 Minimum Entry Drive Dimension.
(100 feet required; 80 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 small and narrow, which
presents unique challenges to this site not experienced by others. Complying with the requirements
of the Code would restrict on-site vehicular circulation and preclude access to a portion of the
parking in the tuck -under garage. The proposed entry drive length of a total of 80 feet, split
between two driveways, complies with engineering standards, and based on a Traffic Impact
Analysis, would not cause a backup onto adjacent public streets.
-3- PC2017-028
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 small size and
narrow width of the property.
WHEREAS, the Planning Commission does find and determine that the request for Final
Site Plan No. 2016-00007 should be approved for the following reasons:
1. Subject to compliance with the conditions of approval attached to this Resolution as
Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and
layout, complies with the Anaheim Resort Specific Plan No. 92-2 and is consistent with the zoning
and development standards of said Specific Plan, as described in Chapter 18.116 of the Code.
2. The design and layout of the Proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian
hazards.
3. The architectural design of the Proposed Project is compatible with the character of the
surrounding hotels and development located within the land area of the Anaheim Resort Specific
Plan.
4. The design of the Proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The Proposed Project will not be detrimental to the public health, safety or welfare, or
materially injurious to the properties or improvements in the vicinity of the Proposed Project.
WHEREAS, the Planning Commission does further find and determine that the request for
Administrative Adjustment No. 2016-00389 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number ofap rking spaces.
(150 spaces required; 141 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
-4- PC2017-028
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; 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentation, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
detract from the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the
above findings and based upon a thorough review of the evidence received to date, does hereby
approve Variance No. 2016-05078, Final Site Plan No. 2016-00007 and Administrative
Adjustment No. 2016-00391, contingent upon and subject to the conditions of approval, attached
hereto as Exhibit B 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. 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 has reviewed and
considered MMP No. 345, which is integrated with the aforementioned conditions of approval and
together are represented as Exhibit B hereto, and does hereby approve and adopt MMP No. 345 for
the Proposed Project.
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.
-5- PC2017-028
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 6, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 6, 2017, by the following vote of the members
thereof.
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6`h day of March, 2017.
4
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-6- PC2017-028
EXHIBIT "A"
DEV NO. 2016-00034
APN: 137-311-18 0
137-311-16
m
IV
LU
z
L z
z Q
s �
W
N
W KATELLA AVE E KATELLA AVE
447' 1�2
0
N
483'
H w
L U
� O
LAJ
H
2 0�
o so uo Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
-7- PC2017-028
EXHIBIT "B"
VARIANCE NO. 2016-05078, FINAL SITE PLAN NO. 2016-00007 AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00391
(DEV2016-00034)
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 Plan) and
Planning and Building
prior to issuance of demolition permit (for Demolition Plan), the property
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.
2
MM 5.3-1: Prior to the issuance of a demolition permit, grading permit, or
Planning and Building
building permit, whichever occurs first, a survey for active raptor nests 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
building permit, whichever occurs first, a letter detailing the proposed 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 shall be developed by the Biologist.
4
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.
-8- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMIT
5
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
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 owner/develo er
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.
7
MM 5.5-6: Prior to issuance of building or grading permits, the property
Planning and Building
owner/developer shall submit to the Planning and Building Department, 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.
8
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:
-9- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
9
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.
10
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.
11
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.
12
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.
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
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
-10- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
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
-11- PC2017-028
-12- PC2017-028
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
storm drainage system, a storm drainage system improvement phasing plan for
the project shall be submitted by the property owner/developer to the City
Engineer for review and approval and shall contain, at a minimum, (1) a
layout of the complete system; (2) all facility sizes, including support
calculations; (3) construction phasing; and, (4) construction estimates.
MM 5.19-5: Prior to issuance of each grading and building permit, the Property
Planning and Building
16
Owner/Developer shall submit to the Planning Director or 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 TO ISSUANCE OF BUILDING PERMITS
MM 5.14-14: Prior to the issuance of building permits or final map approval,
Public Works
17
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.
ONGOING DURING PROJECT DEMOLITIONAND CONSTRUCTION
MM 5.5-5: Ongoing during grading activities, the property owner/developer shall
Planning and Building
18
implement standard practices for all applicable codes and ordinances to prevent
erosion to the satisfaction of the Planning and Building Department, Building
Services Division.
MM 5.7-6: Ongoing during project demolition and construction, in the event that
Fire
19
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.
MM 5.7-3: Ongoing during remediation, all remediation activities of surface or
Fire Department
20
subsurface contamination not related to USTs, conducted on behalf of the property
owner/developer, shall be overseen by the Orange County Health Care Agency
(OCHCA). Information on subsurface contamination from USTs shall be provided
to the Publi , T Tt 14ie„ „e...,..tmo,.t Eiwir-ani+ioRkal can.;, s ,- ivisie . Santa Ana
D.,blie Ut;,:ties
Regional Water Quality Control Board (SARWQCB) with a copy to Planning
DepepA
& Building.
Planning & Building
Note: Per a memo dated October 22, 2014 from the Public Utilities
Department, as of July 1, 2014, the Environmental Services Division of the
Public Utilities Department is no longer responsible for overseeing the
cleanup of new UST cases, and the responsibility has been delegated to the
Santa Ana Regional Water Quality Control Board (SARWQCB). However,
the Anaheim Fire Department will still be responsible for overseeing the
-12- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
removal of USTs. (amended February 26, 2015).
PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ONA BUILDING SITE
MM 5.12-13: Prior to the placement of building materials on a building site, an
Fire
21
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 THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE
MM 5.12-5: Prior to commencement of structural framing on each parcel or lot,
Fire
22
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
MM 5.1-2: Prior to issuance of building permits, all plumbing or other similar
Planning and Building
23
pipes and fixtures located on the exterior of the building shall be shown on plans
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.
MM 5.1-11: Prior to issuance of each building permits, unless records indicate
Planning and Building
24
previous payment, a fee for street tree purposes shall be paid or cause to be paid to
the City of Anaheim based on the length of street frontage in an amount as
established by City Council resolution or credit against the fee given for City
authorized improvements installed by the property owner/developer.
25
MM 5.1-12: Prior to issuance of each building permit, all air conditioning
Planning and Building
facilities and other roof and ground -mounted equipment shall be shown on plans
as shielded from public view and the sound buffered to comply with City of
Anaheim noise ordinances from any 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 pen -nits.
26
MM 5.2-2: Prior to the issuance of each building permit, the property
Planning and Building
owner/developer shall submit evidence that low emission paints and 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 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.
-13- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
27
MM 5.2-6: Prior to the issuance of each building permit, the property
Planning and Building
owner/developer shall implement, and demonstrate to the City, measures 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. Incorporate energy conservation measures in site orientation and in building
design, such as appropriate passive solar design.
d. Use drought -resistant landscaping wherever feasible to reduce energy used in
pumping and transporting water.
e. To the extent feasible, provide daycare opportunities for employees or
participate in a joint development daycare center
f. Install facilities for electric vehicle recharging, unless it is demonstrated that
the technology for these facilities or availability of the equipment current at
the time makes this installation infeasible.
28
MM 5.5-1: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit to the Planning and Building Department, 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.
29
MM 5.5-2: Prior to issuance of each foundation permit, the property
Planning and Building
owner/developer shall submit a report prepared by a geotechnical engineer to the
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.
30
MM 5.5-3: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit plans to the Planning Department, 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.
31
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.
32
MM 5.10-3: Prior to issuance of each building permit, for structures that are
Planning and Building
adjacent to noise -sensitive areas such as residences, the property owner/developer
shall ensure that all mechanical ventilation units are shown on plans and installed
in compliance with Sound Pressure Level Ordinance.
33
MM 5.10-5: Prior to issuance of each building permit, a note shall be provided on
Planning and Building
building plans indicating that during construction, the property owner/developer
shall install and maintain specially designed construction barriers at the project
perimeter areas. The construction sound barriers shall be a minimum height of 8
feet with a minimum surface weight of 1.25 pounds per square foot or a minimum
Sound Transmission Class (STC) rating of 25. The structure shall be a continuous
barrier. Gates and other entry doors shall be constructed with suitable mullions,
astragals, seals, or other design techniques to minimize sound leakage when in the
closed position. Access doors should be self closing where feasible. Vision ports
-14- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
are permissible providing they are filled with an acceptable solid vision product.
34
MM 5.10-9: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall present plans and calculations to the Planning 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 Building
owner/developer shall present plans and calculations to the Planning and 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.
36
MM 5.10-12: Prior to issuance of each building permit if pile driving and blasting
Planning and Building
is anticipated during construction, a noise and vibration analysis 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 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.
38
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.
39
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.
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
-15- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
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 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.
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 shall be operational with
required fire flow.
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 5.12-17: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall provide proof of compliance with Government Code
Section 53080 (Schools).
45
MM 5.12-19: Prior to the issuance of a building permit, the property
Planning and Building
owner/developer shall comply with the Anaheim Municipal Code, Section
17.08.385, Public Library Facilities Services Areas — Payment of Fees Required.
-16- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
46
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
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.
47
MM 5.14-6: Prior to the issuance of each building permit for a hotel development
Public Works
that exceeds 100 rooms per gross acre within the Commercial Recreation (C-R)
District (Development Area 1) within the Convention Center (CC) Medium
density category, the property owner shall record a covenant on the property
requiring that ongoing during project implementation, the property
owner/developer shall implement TDM measures sufficient to reduce the actual
trip generation from the development to no more than the trips assumed by the
City's traffic model. The form of the covenant shall be approved by the City
Attorney's Office.
48
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.
49
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.
50
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.
51
MM 5.15-3: Prior to issuance of each building permit, water pressure greater than
Planning and Building
80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of
pressure reducing valves installed at the property owner/developer's service.
52
MM 5.15-4: Prior to the issuance of each building permit, the property
Planning and Building
owner/developer shall submit a landscape and irrigation plan which shall be
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.
53
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
-17- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
MM 5.17-1: Prior to issuance of each building permit, the property owner/develop
Public Utilities
54
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 HVAC zone control by floors/separable activity areas
f. Specification of premium -efficiency electric motors (i.e., compressor motors,
air -handling units, and fan -coil units)
g. Use of occupancy sensors in appropriate spaces
h. Use of compact fluorescent lamps
i. Use of cold cathode fluorescent lamps
j. Use of light emitting diode (LED) or equivalent energy-efficient lighting for
outdoor lighting
k. Use of Energy Star® exit lighting or exit signage.
1. Use of T-8 lamps and electronic ballasts where applications of standard
fluorescent fixtures are identified
m. Use of lighting power controllers in association with metal -halide or high-
pressure sodium (high intensity discharge) lamps for outdoor lighting and
parking lots
n. Consideration of thermal energy storage air-conditioning for spaces or
facilities that may require air-conditioning during summer, day -peak periods.
o. For swimming pools and spas, incorporate solar heating, automatic covers,
and efficient pumps and motors, as feasible.
p. Consideration for participation in Advantage Services Programs such as:
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.
55
MM 5.17-3: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit plans and calculations to the City of Anaheim
Planning and Building Department, Building Division, to demonstrate that the
energy efficiency of each building will exceed the Title 24 Energy Efficiency
-18- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Standards for Residential and Nonresidential Buildings current at the time of
application by at least 10 percent.
56
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.
57
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
to reduce the total volume of solid waste and the number of trips required
for collection.
e. Prohibiting curbside pick-up.
58
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.
59
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.
-19- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO APPROVAL OF WATER PLANS
60
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.
61
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.
ONGOING DURING CONSTRUCTION
62
MM 5.2-3: Ongoing during construction, the property owner/developer shall
Planning and Building
implement measures to reduce construction -related air quality impacts. These
measures shall include, but are not limited to:
a. Normal wetting procedures (at least twice daily) or other dust palliative
measures shall be followed during earth -moving operations to minimize
fugitive dust emissions, in compliance with the City of Anaheim Municipal
Code including application of chemical soil stabilizers to exposed soils after
grading is completed and replacing ground cover in disturbed areas as quickly
as practicable.
b. For projects where there is excavation for subterranean facilities (such as
parking) on-site haul roads shall be watered at least every two hours or the
on-site haul roads shall be paved.
c. Enclosing, covering, watering twice daily, or applying approved soil binders,
according to manufacturer's specification, to exposed piles.
d. Roadways adjacent to the project shall be swept and cleared of any spilled
export materials at least twice a day to assist in minimizing fugitive dust; and,
haul routes shall be cleared as needed if spills of materials exported from the
project site occur.
e. Where practicable, heavy duty construction equipment shall be kept onsite
when not in operation to minimize exhaust emissions associated with vehicles
repetitiously entering and exiting the project site.
f. Trucks importing or exporting soil material and/or debris shall be covered
prior to entering public streets.
g. Taking preventive measures to ensure that trucks do not carry dirt on tires
onto public streets, including treating onsite roads and staging areas.
h. Preventing trucks from idling for longer than 2 minutes.
i. Manually irrigate or activate irrigation systems necessary to water and
maintain the vegetation as soon as planting is completed.
j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or
less.
k. Suspend all grading operations when wind speeds (as instantaneous gust)
exceed 25 miles per hour and during first and second stage smog alerts.
1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite
are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts
-20- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
63
MM 5.10-1: Ongoing during construction, the property owner/developer shall
Planning and Building
ensure that all internal combustion engines on construction equipment and trucks
are fitted with properly maintained mufflers.
64
MM 5.10-6: Ongoing during construction and project operation, pressure washing
Planning and Building
operations for purposes of building repair and maintenance due to graffiti or other
aesthetical considerations shall be limited to daytime hours of operation between
7:00 AM and 8:00 PM.
65
MM 5.10-7: Ongoing during construction and project operation, sweeping
Planning and Building
operations in the parking facilities and private on-site roadways shall be performed
utilizing sweeping/scrubbing equipment which operate at a level measured not
greater than 60 dBA at the nearest adjacent property line.
66
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 EACH FINAL BUILDING AND ZONING INSPECTION
67
MM 5.1-5: Prior to final building and zoning inspections, private streets within the
Public Utilities
Anaheim Resort Specific Plan area shall have street lights installed which are
compatible with the design standards used for the public streets as determined by
the Public Utilities Department.
68
MM 5.1-6: Prior to final building and zoning inspections, root and sidewalk
Planning and Building
barriers shall be provided for trees within seven feet of public sidewalks.
69
MM 5.1-7 and 5.8-4: Prior to final building and zoning inspections, the property
Planning and Building
owner/developer shall submit to the Planning and Building Department a letter
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.
70
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.
71
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.
-21- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
72
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.
73
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.
74
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.
75
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.
-22- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to
employees. Secure bicycle racks, lockers, and showers should be provided as
part of this program. Maps of bicycle routes throughout the area should be
provided to inform potential bicyclists of these options.
g. Guaranteed Ride Home Program. Develop a program to provide employees
who rideshare, or use transit or other means of commuting to work, with a
prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the
event of emergencies during the work shift.
h. Target Reduction of Longest Commute Trip. Promote an incentive program
for ridesharing and other alternative transportation modes to put highest
priority on reduction of longest employee commute trips.
i. Work Shifts. Stagger work shifts.
j. Compressed Work Week. Develop a "compressed work week" program,
which provides for fewer work days but longer daily shifts as an option for
employees.
k. Telecommuting. Explore the possibility of a "telecommuting" program that
would link some employees via electronic means (e.g., computer with
modem).
1. Parking Management. Develop a parking management program that provides
incentives to those who rideshare or use transit means other than single -
occupant auto to travel to work.
m. Access. Provide preferential access to high occupancy vehicles and shuttles.
n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees
financial incentives for ridesharing or using public transportation. Currently,
federal law provides tax-free status for up to $65 per month per employee
contributions to employees who vanpool or use public transit including
commuter rail and/or express bus pools.
o. Financial Incentive for Bicycling. Offer employees financial 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.
76
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.
77
MM 5.15-7: Prior to final building and zoning inspections, a separate water meter
Planning and Building
shall be installed for landscape water on all projects where the landscape area
exceeds 2,500 square feet in accordance with Ordinance No. 6160.
-23- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
78
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
79
MM 5.1-3: Ongoing, the property owner/developer shall be responsible for the
Planning and Building
removal of any on-site graffiti within 24 hours of its application.
80
MM 5.1-8: Ongoing, all on-site non -Public Realm landscaping and irrigation
Planning and Building
systems, and Public Realm landscaping and irrigation systems, within area in
which dedication has not been accepted by the City, shall be maintained by the
property owner/developer, in compliance with City standards.
81
MM 5.1-9: Ongoing, any tree planted within the Setback Realm shall be replaced
Planning and Building
in a timely manner in the event that it is removed, damaged, diseased and/or dead.
82
MM 5.1-10: Ongoing, a licensed arborist shall be hired by the property
Planning and Building
owner/developer to be responsible for all tree trimming.
83
MM 5.2-1: Ongoing during project operation, the property owner/developer shall
Planning and Building
implement measures to reduce emissions to the extent practical, 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 owner/developer shall
Planning and Building
provide for the following: cleaning of all paved areas not maintained by the City
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.
85
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.
86
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.
-24- PC2017-028
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
87
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.
-25- PC2017-028