RES-2018-105RESOLUTION NO. 2 018 -10 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING VARIANCE NO. 2017-05097, FINAL
SITE PLAN NO. 2017-00003, MINOR CONDITIONAL USE
PERMIT NO. 2017-05949, AND ADMINISTRATIVE
ADJUSTMENT NO. 2017-00413 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2016-00114)
(1441 SOUTH MANCHESTER AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Variance No. 2017-05097, Final Site Plan No.
2017-00003, Minor Conditional Use Permit No. 2017-05949,and Administrative Adjustment No.
2017-00413 to permit a 6 -story, 223 -room hotel with a narrower street setback than required by
the Anaheim Municipal Code (the "Code"), two wall signs that are visible from the same vantage
point, valet parking and fewer parking spaces than required by the Code (the "Proposed Project"),
for that certain real property located at 1441 South Manchester 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 is approximately 2.5 acres in size and is improved with two
hotels. 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 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, 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 Implementation of the California Environmental
Quality Act (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, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to
evaluate the physical environmental impacts of the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 350") has been prepared for
the Proposed Project and includes mitigation measures that are specific to the Proposed Project;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 25, 2018 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 and testimony for and against the Proposed Project and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of its Resolution No.s PC2018-034 and PC2018-037 and pursuant to the provisions of
CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning
Commission found and determined that the Proposed Project will have a less than significant
impact upon the environment with the implementation of the conditions of approval and the
mitigation measures attached to that concurrent Resolution and contained in MMP No. 350, and
approved and adopted the Mitigated Negative Declaration and MMP No. 350; and
- WHEREAS, by the adoption of its Resolution No. 2018-037 on June 25, 2018, the Planning
Commission approved Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor
Conditional Use Permit No. 2017-05949,and Administrative Adjustment No. 2017-00413, subject
to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference.
WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2018-034,
PC2018-035, PC2018-036, and PC2018-037, a summary of evidence and a report of the findings
and recommendations of the Planning Commission, the City Council did fix the 31" day of July,
2018, as the time, and the City Council Chamber in the Civic Center, as the place, for a public
hearing on the Proposed Project, and did give notice thereof in the manner and as provided by law;
and
WHEREAS, on July 31, 2018, the City Council did conduct a public hearing to hear and
consider evidence for and against the Proposed Project and to investigate and make findings in
connection therewith; and
WHEREAS, at said public hearing and 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 223 -room, six -story hotel with a narrower street
setback than required by the Code and two wall signs that would be visible from the same vantage
point, the City Council has determined that Variance No. 2017-05097 should be approved for the
following reasons:
SECTION NO. 18.116.090.020 Minimum Required Building and Landscape Setback.
(30 feet required; 13 feet proposed)
2
1. That there are special circumstances applicable to the Property, including size, shape,
location and surroundings, which do not apply to other properties under the identical zoning
classification in the vicinity of the proposed Project. The property is irregularly-shaped, which
presents unique challenges to this site not experienced by others. A variance of the street setback
was previously -approved for the northern portion of the project site; the proposal would maintain
a consistent street frontage along Manchester Avenue.
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 irregular shape of
the property.
SECTION NO. 18.116.160.060 Business Identification Wall Signs — Hotel/Motel.
(Wall signs may be on adjacent elevations as long as
only one sign is legible at any time from any point on
the adjacent right-of-way; two signs are proposed
facing the same direction)
3. That there are special circumstances applicable to the Property, including size, shape,
location and surroundings, which do not apply to other properties under the identical zoning
classification in the vicinity of the proposed Project. The adjacent street and freeway are angled
in such a way that signs on different elevations would not be visible from southbound traffic based
on curve of the street to the north and the location of the existing building. The fact that two hotel
brands will operate within the same building is also an unusual circumstance that the specific plan
does not address.
4. 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 since the intent of having signs on opposing elevations is to gain
visibility from vehicles travelling both directions on the adjacent street; and;
WHEREAS, the City Council, after due inspection, investigation and study made by itself
and in its behalf, after due consideration of all evidence and reports offered at said hearing, does
find and determine that the request for Final Site Plan No. 2017-00003 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.
3
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 and;
WHEREAS, the City Council, 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
pertaining to the request for Minor Conditional Use Permit No. 2017-05949, does find and
determine the following facts:
1. The proposed request to permit valet parking operations as an accessory use is
allowable within the Anaheim Resort Specific Plan under Section 18.116.070.050
(Accessory Uses), of the Code, subject to a minor conditional use permit.
2. The proposed valet parking operations, under the conditions imposed, would be
compatible with the hotel uses in the surrounding area.
3. The size and shape of the site are, under the conditions imposed, adequate to
allow the full development of the proposed uses in a manner not detrimental to the particular
area or to the health and safety because on-site circulation accommodates a vehicle drop off
area that complies with City requirements based on the number of hotel rooms. Additionally,
a valet operations plan was reviewed and approved by the Public Works Department, Traffic
Engineering Division to, in part, ensure that operations do not result in any impacts to the
public street.
4. The traffic generated by the proposed use, under the conditions imposed, will
not impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area, since valet operations do not result in an increase in the number of
vehicles arriving at the site.
5. The granting of Minor Conditional Use Pen -nit No. 2017-05949, under the
conditions imposed, will not be detrimental to the health and safety of the citizens of the City
of Anaheim as the proposed project will be compatible with the surrounding area through
conditions of approval for the use and is not a health or safety risk to the citizens of the City
of Anaheim; and
WHEREAS, the City Council, after due inspection, investigation and study made by
itself and in its behalf, after due consideration of all evidence and reports offered at said
hearing, does find and determine that the for Administrative Adjustment No. 2017-00413
should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(275 spaces required; 227 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 nonnal and
reasonably foreseeable conditions of operation of such use based upon the observed peak
F.
parking demand as part of the parking demand analysis conducted on the project site
surveying the existing parking demand experienced at the two hotels in operation.
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 hotels. Additionally, on -street parking is not
permitted on the adjacent public streets.
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 hotels.
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.
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; and
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 presentations, the staff report and all materials
in the project files. There is no substantial evidence, nor are there other facts, that detract from the
findings made in this Resolution. 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 the City Council does hereby approve
Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No.
2017-05949,and Administrative Adjustment No. 2017-00413, subject to the conditions of approval
set forth in Exhibit B attached hereto and incorporated herein by this reference. 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, (ii) the modification complies with
the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the
use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval)
and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the City Council does hereby find and detennine that
adoption of this Resolution is expressly predicated upon applicant's compliance with each and all
5
of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 31 day of July , 2018, by the following roll call vote:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt,
Barnes, Kring,and Faessel
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE C iTY OF ANAHEIM
(Acting)
128670/LHM
G
CITY OF ANAHEIM
---L
MA OR OF THE CITY OF ANAHEIM
EXHIBIT "y1,
DEV 1\O. 2016-00114
APN: 0$2-170-57
082-170-58 L
082.170-59
082-170-60 Xa
\. W PALAIS RD
J>
. \ Z
#�lNIA��HESfER AVE
W MIDWAY DR
v;
4
/r Se,;rce R ax+daa Tract LlaC% arz cr City C IS
[J Rlee-Se note Ehe acc—rec, is > - t+c tc five feel
EXHIBIT "B"
Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit
No. 2017-05949, and Administrative Adjustment No. 2017-00413
(DEV2016-00114)
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)
Planning and
and prior to issuance of demolition permit (for Demolition Plan), the
Building
property owner/developer shall submit Demolition and Import/Export
Department,
plans. The plans shall include identification of offsite locations for materials
Planning Services
export from the project and options for disposal of excess material. These
Division
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 permit, whichever occurs first, a survey for active raptor nests shall
Building
be conducted by a qualified Biologist and submitted to the Planning and
Department,
Building Department 30 days prior to commencement of any demolition or
Planning Services
construction activities during the raptor nesting season (February 1 to June
Division
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 pennit, or
Planning and
building pennit, whichever occurs first, a letter detailing the proposed
Building
schedule for vegetation removal activities shall be submitted to the Planning
Department,
and Building Department, verifying that removal shall take place between
Planning Services
August 1 and February 28 to avoid the bird nesting season. This would
Division
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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
4
MM 5.7-1: Prior to issuance of the first grading or demolition permit,
Fire Department
whichever occurs first, in areas of former service stations, in areas known
or thought to have been previously occupied by USTs, and in areas where
tank removal has not been verified prior to excavation or grading the
property owner/developer shall retain the services of a qualified
environmental professional to conduct an investigation for known, or the
presence of, cryptic tanks, using geophysical methods.
Soil sampling or a soil organic vapor survey may be required if soil
sampling results are not available, or indicate contamination is present
above regulatory guidelines. If warranted, subsurface investigation and
sampling shall be undertaken in these areas, and appropriate remediation
measures developed, if necessary, before demolition, excavation, or grading
takes place in these areas.
5
MM 5.7-4: Prior to issuance of the first grading or demolition permit,
Fire Department
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
6
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
Department,
that has been hired to ensure that the following actions are implemented:
Development
Services Division
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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
7
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
Department,
that has been hired to ensure that the following actions are implemented:
Development
a. The paleontologist must be present at the pre -grading conference in
Services Division
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.
8
MM 5.5-6: Prior to issuance of building or grading permits, the property
Planning and
owner/developer shall submit to the Planning and Building Department,
Building
Building Services Division geologic and geotechnical investigations in
Department,
areas of potential seismic or geologic hazards and provide a note on plans
Building Division
that all grading operations will be conducted in conformance with the
recommendations contained in the applicable geotechnical investigation.
9
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
Department,
Master Drainage and Runoff Management Plan (MDRMP) for review and
Development
approval by the Public Works Department, Development Services Division
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.
10
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
Department,
under the NPDES Statewide Industrial Stormwater Permit for General
Development
Construction Activities from the State Water Resources Control Board.
Services Division
Evidence of attainment shall be submitted to the Public Works Department,
Development Services Division.
11
MM 5.12-6: Prior to issuance of each grading permit, the property
Fire Department
owner/developer shall submit an emergency fire access plan to the Fire
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Department for review and approval to ensure that service to the site is in
accordance with Fire Department service requirements.
12
MM 5.14-3: Prior to approval of the first final subdivision map or issuance
Public Works
of the first building permit, whichever occurs first, the property
Department,
owner/developer shall irrevocably offer for dedication (with subordination
Development
of easements), including necessary construction easements, the ultimate
Services Division
arterial highway right(s)-of-way adjacent to their property as shown in the
Circulation Element of the Anaheim General Plan.
13
MM 5.14-5: Prior to the issuance of grading permits, the property
Public Works
owner/developer shall provide to the City of Anaheim Public Works
Department, Traffic
Department a plan to coordinate rideshare services for construction
Engineering Division
employees with the Anaheim Transportation Network (ATN) for review
and a approval and shall implement ATN recommendations to the extent
feasible.
14
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
Department, Traffic
shall pay the identified fair -share responsibility as determined by the City
Engineering Division
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.
15
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
Department,
owner/developer shall participate in the City's Master Plan of Sewers and
Development
related Infrastructure Improvement (Fee) Program to assist in mitigating
Services Division
existing and future sanitary sewer system deficiencies as follows:
The property owner/developer shall submit a report for review and approval
of the City Engineer to assist in determining the following:
a. If the development/redevelopment (1) does not discharge into a sewer
system that is currently deficient or will become deficient because of
that discharge and/or (2) does not increase flows or change points of
discharge, then the property owner's/developer's responsibility shall be
limited to participation in the Infrastructure Improvement (Fee)
Program.
b. If the development/redevelopment (1) discharges into a sewer system
that is currently deficient or will become deficient because of that
discharge and/or (2) increases flows or changes points of discharge, then
the property owner/developer shall be required to guarantee mitigation
to the satisfaction of the City Engineer and the City Attorney of the
impact prior to approval of a final subdivision map or issuance of a
grading or building permit whichever occurs first, pursuant to the
improvements identified in the South Central Area Sewer Deficiency
Study. The property owner/developer shall be required to install the
sanitary sewer facilities, as recommended by the South Central Area
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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).
16
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
Department,
owner/developer shall participate in the City's Master Plan of Storm Drains
Development
and related Infrastructure Improvement (Fee) Program to assist in
Services Division
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
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Infrastructure Improvement (Fee) Program as determined by the City
Engineer which could include fees, credits, reimbursements, or a
combination thereof. As part of guaranteeing the mitigation of impacts
on the storm drainage system, a storm drainage system improvement
phasing plan for the project shall be submitted by the property
owner/developer to the City Engineer for review and approval and shall
contain, at a minimum, (1) a layout of the complete system; (2) all
facility sizes, including support calculations; (3) construction phasing;
and, (4) construction estimates.
17
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
Department,
Plan that, at a minimum, specifies that at least 75 percent of non-hazardous
Planning Services
construction and demolition debris shall be recycled or salvaged and
Division
identifies the materials to be diverted from disposal and whether the
materials will be sorted on site or co-mingled.
18
MM 18-1: Prior to the issuance of any grading permit in which native soil
Planning and
is disturbed, the Applicant shall provide written evidence to the Planning
Building
Services Manager, that a Native American monitor has been retained to
Department,
observe grading activities in native sediment and to recover and catalogue
Planning Services
tribal cultural resources as necessary. The Native American monitor shall
Division
be present at the pre-grade conference, shall establish procedures for tribal
cultural resource surveillance, and shall establish, in cooperation with the
City, procedures for temporarily halting or redirecting work to permit the
sampling, identification, and evaluation of the tribal cultural resource as
appropriate. If the tribal cultural resources are found to be significant, the
Native American observer shall determine appropriate actions, in
cooperation with the County for exploration and/or recovery.
ONGOING DURING PROJECT DEMOLITION AND CONSTRUCTION
19
MM 5.5-5: Ongoing during grading activities, the property owner/developer
Planning and
shall implement standard practices for all applicable codes and ordinances
Building
to prevent erosion to the satisfaction of the Planning and Building
Department,
Department, Building Services Division.
Building Division
20
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.
21
MM 5.7-3: Ongoing during remediation, all remediation activities of
Fire Department
surface or subsurface contamination not related to USTs, conducted on
behalf of the property owner/developer, shall be overseen by the Orange
Public T tilit;o�
County Health Care Agency (OCHCA). Information on subsurface
Depa#meftt
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
contamination from USTs shall be provided to the D��'�otilities
Planning and
r,epaftment Environmental co,. flees Division. Santa Ana Regional Water
Building
Quality Control Board (SARWQCB) with a copy to Planning &
Department,
Building.
Building Division
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 removal of USTs. (amended February 26, 2015).
22
MM 5.10-8: Ongoing during construction, property owners/developers shall
Planning & Building
pay for all reasonable costs associated with noise monitoring which shall
Department,
include monitoring conducted by a certified acoustical engineer under the
Planning Services
direction of the Planning and Building Department four times a year on a
Division
random basis to ensure that outdoor construction-related sound levels at any
point on the exterior project boundary property line do not exceed 60 dBA
between the hours of 7:00 PM and 7:00 AM of the following day where
outside construction is occurring. If a complaint is received by the City,
additional noise monitoring shall be conducted at the discretion of the City.
If the monitoring finds that the 60 dBA threshold is being exceeded,
construction activities will be modified immediately to bring the sound level
below the 60 dBA requirement, with additional follow-up monitoring
conducted to confirm compliance.
PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE
23
MM 5.12-13: Prior to the placement of building materials on a building site,
Fire Department
an 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
24
MM 5.12-5: Prior to commencement of structural framing on each parcel or Fire Department
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
25
MM 5.4-6: Prior to the issuance of each building pen-nit for a hotel
Public Works
development that exceeds 100 rooms per gross acre within the Commercial
Department, Traffic
Recreation (C-R) District (Development Area 1) within the Convention
Engineering Division
Center (CC) Medium density category, the property owner shall record a
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
26
Prior to issuance of building permits, the property owner shall record a
Public Works
covenant on the property that requires the parking structure to be operated,
Department, Traffic
in perpetuity, as valet parking only. If City Standard Plan No. 471 is revised
Engineering Division
after the recordation of the covenant, resulting in the parking spaces shown
in Final Site Plan meeting the revised City Standard, the requirement for
valet parking may be eliminated subject to written approval from both the
Public Works Director and the Planning Director. The form of the covenant
shall be approved by the City Attorney's Office prior to recordation. Proof
of the covenant recordation shall be provided to the Public Works
Department, Traffic Engineering Division.
27
The property owner/developer shall provide a Traffic Management Plan to
Public Works
Caltrans for review before construction of the Project. The applicant shall
Department, Traffic
coordinate with Caltrans to determine the format of the Traffic Management
Engineering Division
Plan.
28
MM 12-2: The property owner/developer shall develop a sound barrier
Planning and
along the northern boundary of the pool area. The sound barrier shall be at
Building
least 6 feet in height and have a density of at least 3.5 pounds per square
Department,
foot.
Planning Services
Division
29
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-
Department,
way and from adjacent properties by architectural devices and/or
Planning Services
appropriate building materials. A note indicating that these improvements
Division
will be installed prior to final building and zoning inspections shall be
specifically shown on the plans submitted for building pen -nits.
30
MM 5.1-11: Prior to issuance of each building pennits, 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
Department,
in an amount as established by City Council resolution or credit against the
Building Division
fee given for City authorized improvements installed by the property
owner/developer.
31
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 shielded from public view and the sound buffered to comply with
Department,
City of Anaheim noise ordinances from any adjacent residential or transient-
Planning Services
occupied properties. A note indicating that these improvements shall be
Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
installed prior to final building and zoning inspections shall be specifically
shown on the plans submitted for building permits.
32
MM 5.2-2: Prior to the issuance of each building permit, the property
Planning and
owner/developer shall submit evidence that low emission paints and
Building
coatings are utilized in the design and construction of buildings, in
Department,
compliance with SCAQMD regulations. The information shall be denoted
Building Division
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.
33
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
Department,
Available Retrofit Control Technology (BARCT) for any new or modified
Building Division
stationary source. Copies of permits shall be given to the Planning and
Building Department.
34
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
Department,
measures may include, but are not limited to the following:
Building Division
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.
35
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
Department,
Building Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
design information for the subject building(s), prepared by a civil engineer,
based on recommendations by a geotechnical engineer.
36
MM 5.5-2: Prior to issuance of each foundation permit, the property
Planning and
owner/developer shall submit a report prepared by a geotechnical engineer
Building
to the Planning and Building Department, Building Services Division for
Department,
review and approval, which shall investigate the subject foundation
Building Division
excavations to determine if soft layers are present immediately beneath the
footing site and to ensure that compressibility does not underlie the footing.
37
MM 5.5-3: Prior to issuance of each building permit, the property
Planning and
owner/developer shall submit plans to the Planning Department, Building
Building
Services Division for review and approval showing that the proposed
Department,
structure has been analyzed for earthquake loading and designed according
Building Division
to the most recent seismic standards in the California Building Code
adopted by the City of Anaheim.
38
MM 5.8-6: Prior to issuance of building permits, the property
Public Works
owner/developer shall provide written evidence that all storm drain, sewer,
Department,
and street improvement plans shall be designed and constructed to the
Development
satisfaction of the City Engineer.
Services Division
39
MM 5.10-3: Prior to issuance of each building permit, for structures that are
Planning and
adjacent to noise -sensitive areas such as residences, the property
Building
owner/developer shall ensure that all mechanical ventilation units are shown
Department,
on plans and installed in compliance with Sound Pressure Level Ordinance.
Building Division
40
MM 5.10-5: Prior to issuance of each building permit, a note shall be
Planning and
provided on building plans indicating that during construction, the property
Building
owner/developer shall install and maintain specially designed construction
Department,
barriers at the project perimeter areas. The construction sound barriers shall
Planning Services
be a minimum height of 8 feet with a minimum surface weight of 1.25
Division
pounds per square foot or a minimum Sound Transmission Class (STC)
rating of 25. The structure shall be a continuous barrier. Gates and other
entry doors shall be constructed with suitable mullions, astragals, seals, or
other design techniques to minimize sound leakage when in the closed.
position. Access doors should be self closing where feasible. Vision ports
are permissible providing they are filled with an acceptable solid vision
product.
41
MM 5.10-9: Prior to issuance of each building permit, the property
Planning and
owner/developer shall present plans and calculations to the Planning
Building
Department, Building Division to demonstrate that noise levels would be
Department,
less than 65 dBA CNEL for outdoor use areas (including dining patios,
Building Division
pools, playgrounds, or outdoor gathering areas). This requirement can be
accomplished through shielding areas behind buildings or the construction
of a noise barrier.
42
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
Department,
from planned mechanical ventilation equipment, loading docks, trash
Building Division
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
43
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,
Department,
Building Division, to assess and mitigate potential noise and vibration
Building Division
impacts related to these activities.
44
MM 5.12-2: Prior to the issuance of each building permit for a parking
Police Department
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.
45
MM 5.12-4: Prior to issuance of each building permit, the project design
Police Department
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.
46
MM 5.12-7: Prior to issuance of each building permit; to be implemented
Fire Department
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
zoning inspection.
47
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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
48
MM 5.12-9: Prior to issuance of the first building permit, the property
Fire Department
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 apportiomnent 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.
49
MM 5.12-11: Prior to issuance of each building permit, the property
Fire Department
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.
50
MM 5.12-14: Prior to approval of building plans, the property
Fire Department
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 Department.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
51
MM 5.12-17: Prior to issuance of each building permit, the property
Planning and
owner/developer shall provide proof of compliance with Government Code
Building
Section 53080 (Schools).
Department,
Building Division
52
MM 5.12-19: Prior to the issuance of a building permit, the property
Planning and
owner/developer shall comply with the Anaheim Municipal Code, Section
Building
17.08.385, Public Library Facilities Services Areas — Payment of Fees
Department,
Required.
Building Division
53
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
Department, Traffic
Assessment Fees and Transportation Impact and Improvement Fees to the
Engineering Division
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.
54
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
Department, Traffic
approval of the City Engineer. Gates shall not be installed across any
Engineering Division
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.
55
MM 5.14-13: Prior to the issuance of building permits, plans shall show that
Public Works
all driveways shall be constructed with a minimum fifteen (15) foot radius
Department,
curb returns as required by the City Engineer, unless otherwise approved by
Development
the City Engineer.
Services Division
56
MM 5.14-14: Prior to the issuance of building permits or final map
Public Works
approval, whichever occurs first, security in the form of a bond, certificate
Department,
of deposit, letter of credit, completion guarantee, or cash, in an amount and
Development
form satisfactory to the City Engineer shall be posted with the City to
Services Division
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.
57
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
Department, Water
the review and final approval of, the Public Utilities Department, Water
Engineering
Engineering Division and Fire Department.
58
MM 5.15-3: Prior to issuance of each building permit, water pressure
Public Utilities
greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or
Department, Water
Engineering
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
less by means of pressure reducing valves installed at the property
owner/developer's service.
59
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
Department,
shall specify methods for monitoring the irrigation system. The system shall
Planning Services
ensure that irrigation rates do not exceed the infiltration of local soils, that
Division
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.
60
MM 5.15-6: Prior to issuance of each building permit, unless records
Public Utilities
indicate previous payment, the appropriate fees for Primary Mains,
Department, Water
Secondary Mains and Fire Protection Service shall be paid to the Public
Engineering Division
Utilities Department, Water Engineering Division in accordance with Rule
15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and
Regulations.
61
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,
Department, Business and Community Programs Division, in order to
Business and
review energy efficient measures to incorporate into the project design.
Community
Prior to the final building and zoning inspection, the property owner
Programs Division
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
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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
in. 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.
62
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
Department,
the energy efficiency of each building will exceed the Title 24 Energy
Building Division
Efficiency Standards for Residential and Nonresidential Buildings current
at the time of application by at least 10 percent.
63
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
Department,
stormwater and urban runoff into drainage facilities by incorporating design
Development
features such as detention basins, on-site water features, and other
Services Division
strategies.
64
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
Department, Streets
shall submit project plans to the Public Works Department for review and
and Sanitation
approval to ensure that the plans comply with AB 939, the Solid Waste
Division
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
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
65
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
Department, Streets
the City of Anaheim Department of Public Works, Operations Division. On
and Sanitation
an ongoing basis, trash storage areas shall be provided and maintained in
Division
accordance with approved plans on file with said Department.
66
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
Department, Streets
installation of trash and recycle receptacles near all benches and near high
and Sanitation
traffic areas such as plazas, transit stops and retail and dining
Division
establishments.
PRIOR TO APPROVAL OF WATER PLANS
67
MM 5.12-15: Prior to approval of on-site water plans, unless each
Fire Department
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.
68
MM 5.12-16: Prior to approval of water improvement plans, the water
Fire Department
supply system shall be designed by the property owner/developer to provide
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
sufficient fire flow pressure and storage for the proposed land use and fire
protection services in accordance with Fire Department requirements.
ONGOING DURING CONSTRUCTION
69
MM 5.2-3: Ongoing during construction, the property owner/developer
Planning and
shall implement measures to reduce construction -related air quality impacts.
Building
These measures shall include, but are not limited to:
Department,
a. Normal wetting procedures (at least twice daily) or other dust palliative
Building Division
measures shall be followed during earth -moving operations to
minimize fugitive dust emissions, in compliance with the City of
Anaheim Municipal Code including application of chemical soil
stabilizers to exposed soils after grading is completed and replacing
ground cover in disturbed areas as quickly as practicable.
b. For projects where there is excavation for subterranean facilities (such
as parking) on-site haul roads shall be watered at least every two hours
or the on-site haul roads shall be paved.
c. Enclosing, covering, watering twice daily, or applying approved soil
binders, according to manufacturer's specification, to exposed piles.
d. Roadways adjacent to the project shall be swept and cleared of any
spilled export materials at least twice a day to assist in minimizing
fugitive dust; and, haul routes shall be cleared as needed if spills of
materials exported from the project site occur.
e. Where practicable, heavy duty construction equipment shall be kept
onsite when not in operation to minimize exhaust emissions associated
with vehicles repetitiously entering and exiting the project site.
f. Trucks importing or exporting soil material and/or debris shall be
covered prior to entering public streets.
g. Taking preventive measures to ensure that trucks do not carry dirt on
tires onto public streets, including treating onsite roads and staging
areas.
h. Preventing trucks from idling for longer than 2 minutes.
i. Manually irrigate or activate irrigation systems necessary to water and
maintain the vegetation as soon as planting is completed.
j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per
hour or less.
k. Suspend all grading operations when wind speeds (as instantaneous
gust) exceed 25 miles per hour and during first and second stage smog
alerts.
1. Comply with SCAQMD Rule 402, which states that no dust impacts
offsite are sufficient to be called a nuisance, and SCAQMD Rule 403,
which restricts visible emissions from construction.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
70
MM 5.10-1: Ongoing during construction, the property owner/developer
Planning and
shall ensure that all internal combustion engines on construction equipment
Building
and trucks are fitted with properly maintained mufflers.
Department,
Building Division
71
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
Department,
of operation between 7:00 AM and 8:00 PM.
Building Division
72
MM 5.10-7: Ongoing during construction and project operation, sweeping
Planning and
operations in the parking facilities and private on-site roadways shall be
Building
performed utilizing sweeping/scrubbing equipment which operate at a level
Department,
measured not greater than 60 dBA at the nearest adjacent property line.
Building Division
73
MM 5.14-7: Ongoing during construction, if the Anaheim Police
Police Department
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
Department, Traffic
applicable, for reasonable costs associated with such services.
Engineering Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
74
MM 5.1-5: Prior to final building and zoning inspections, private streets
Public Utilities
within the Anaheim Resort Specific Plan area shall have street lights
Department,
installed which are compatible with the design standards used for the public
Electrical Utilities
streets as determined by the Public Utilities Department.
Division
75
MM 5.1-6: Prior to final building and zoning inspections, root and sidewalk
Planning and
barriers shall be provided for trees within seven feet of public sidewalks.
Building
Department,
Planning Services
Division
76
MM 5.1-7 and 5.8-4: Prior to final building and zoning inspections, the
Planning and
property owner/developer shall submit to the Planning and Building
Building
Department a letter from a licensed landscape architect certifying that all
Department,
landscaping and irrigation systems have been installed in accordance with
Planning Services
landscaping plans approved in connection with the Final Site Plan.
Division
77
MM 5.5-4: Prior to the final building and zoning inspection for a
Fire Department
hotel/motel, the property owner/developer shall submit an earthquake
emergency response plan for review and approval by the Fire Department.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
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.
78
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
Department, Water
reclaimed water may be used for landscape irrigation, if and when it
Engineering Division
becomes available.
79
MM 5.12-10: Prior to each final building and zoning inspection, the
Fire Department
property owner/developer shall place emergency telephone service numbers
in prominent locations as approved by the Fire Department.
80
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 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.
81
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
Department, Traffic
project implementation, the property owner/developer shall implement and
Engineering Division
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.
82
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, Traffic
Department for review and approval a menu of TDM program strategies and
Engineering Division
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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
a. On-site services. Provide, as feasible and permitted, on-site services
such as the food, retail, and other services.
b. Ridesharing. Develop a commuter listing of all employee members for
the purpose of providing a "matching" of employees with other
employees who live in the same geographic areas and who could
rideshare.
c. Vanpooling. Develop a commuter listing of all employees for the
purpose of matching numbers of employees who live in geographic
proximity to one another and could comprise a vanpool or participate in
the existing vanpool programs.
d. Transit Pass. Promote Orange County Transportation Authority
(including commuter rail) passes through financial assistance and on-
site sales to encourage employees to use the various transit and bus
services from throughout the region.
e. Shuttle Service. Generate a commuter listing of all employees living in
proximity to the project, and offer a local shuttle program to encourage
employees to travel to work by means other than the automobile. When
appropriate, event shuttle service shall also be made available for guests.
f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative
to 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.
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
83
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
Department, Traffic
responsible for coordinating with the ATN and implementing all trip
Engineering Division
mitigation measures. The on-site coordinator shall be the one point of
contact representing the project with the ATN. The TDM requireinents shall
be included in the lease or other agreement with all of the project
participants.
84
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.
Department,
6160.
Planning Services
Division
85
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
Department,
Public Utilities Distribution System. The Underground Service will be
Electrical Utilities
installed in accordance with the Electric Rules, Rates, Regulations and
Division
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
86
The property owner/developer shall limit reservation of the meeting room
Planning and
to guests of the hotel.
Building
Department,
Planning Services
Division
87
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
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Department,
Planning Services
Division
88
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 in which dedication has not been accepted by the City, shall be
Department,
maintained by the property owner/developer, in compliance with City
Planning Services
standards.
Division
89
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.
Department,
Planning Services
Division
90
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
Department,
Planning Services
Division
91
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
Department,
vehicles and other equipment, as practicable.
Planning Services
Division
92
MM 5.8-3: Ongoing during project operations, the property
Public Works
owner/developer shall provide for the following: cleaning of all paved areas
Department,
not maintained by the City of Anaheim on a monthly basis, including, but
Development
not limited to, private streets and parking lots. The use of water to clean
Services Division
streets, paved areas, parking lots, and other areas and flushing the debris and
sediment down the storm drains shall be prohibited.
93
MM 5.12-3: Ongoing during project operation, the property owner/developer
Police Department
shall 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.
94
MM 5.15-9: Ongoing, the City shall continue to collaborate with the
Public Utilities
Metropolitan Water District of Southern California (MWD), its member
Department, Water
agencies, and the Orange County Water District (OCWD) to ensure that
Engineering Division
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
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
measures as authorized by Sections 10.18.070 through 10.18.090, as
appropriate.
95
MM 5.19-2: Ongoing during project operation, the following practices shall
Public Works
be implemented, as feasible, by the property owner/developer:
Department, Street
and Sanitation
a. Usage of recycled paper products for stationary, letterhead, and
Division
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.
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Resolution No. 2018-105 adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 31s' day of July 2018 by the following vote of the members
thereof:
AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes,
Kring, and Faessel
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of August, 2018.
ACTING CITY CLARK OF THE CITY OF ANAHEIM
(SEAL)