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RES-2020-112 RESOLUTION NO. 2 0 2 0-1 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TO ADOPT A MITIGATED NEGATIVE DECLARATION FOR PROPOSED GENERAL PLAN AMENDMENT NO. 2019-00529, SPECIFIC PLAN AMENDMENT NO. 16 TO THE ANAHEIM RESORT SPECIFIC PLAN (SPN92-2Y), MINOR CONDITIONAL USE PERMIT NO. 2019-06041, VARIANCE NO. 2020-05132, FINAL SITE PLAN NO. 2019-00001, AND ADMINISTRATIVE ADJUSTMENT NO. 2019-00437 (DEV2019-00148) (1730 SOUTH CLEMENTINE STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for General Plan Amendment No. 2019-00529, Specific Plan Amendment No. 16 to the Anaheim Resort Specific Plan; Minor Conditional Use Permit No. 2019-06041, Variance No. 2020-05132, Final Site Plan No. 2019-00001, and Administrative Adjustment No. 2019-00437 to permit a six-story, 125-room hotel with valet parking, a narrower street setback than required by the Anaheim Municipal Code (the "Code"), and fewer parking spaces than required by the Code(the "Proposed Project"), for that certain real property located at 1730 South Clementine Street in the City of Anaheim,County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS,the Property is approximately 0.68-acre in size and is improved with a vacant industrial building.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, 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, a draft Mitigated Negative Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed Project. The Mitigated Negative Declaration was circulated for a 20-day public/responsible agency review on July 16, 2020 and was also made available for review on the City's website at www.anaheim.net; and • -1- PC2020-030 WHEREAS, the City gave notice of its intent to adopt the Mitigated Negative Declaration to (a)the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) those individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b)of the CEQA Guidelines,(c)responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Proposed Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d)the Clerk of the County of Orange pursuant to Section 15072(a)of the CEQA Guidelines; and WHEREAS, in conformance with CEQA and the CEQA Guidelines, a Mitigation Monitoring Plan has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project (herein referred to as "MMP No. 372"). A complete copy of MMP No. 372 is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the City intends and desires to use the Mitigated Negative Declaration as the environmental documentation required by CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; and WHEREAS, subsequent to circulation of the Mitigated Negative Declaration for public/responsible agency review, the City modified the timing of Mitigation Measures 5.14-4, 5.14-8, and 5.14-9 to require completion of the measures at an earlier point in the project. The changed mitigation measures are equivalent or more effective in mitigating environmental impacts, the change in timing does not itself cause any potentially significant effect on the environment, and the Planning Commission finds and determines that recirculation of the Mitigated Negative Declaration is not required pursuant to CEQA Guidelines Section 15073.5(a); and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS,pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing in the City of Anaheim on August 17, 2020 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, based upon a thorough review of the Proposed Project and the Mitigated Negative Declaration, including MMP No. 372 and the comments received to date and the responses prepared, the Planning Commission, based upon a thorough review of the Mitigated Negative Declaration and related documents and the evidence received concerning the Mitigated Negative Declaration, did find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA,the CEQA Guidelines,and the City's Local CEQA Procedure Manual and, together with MMP No. 372, serves as the appropriate environmental documentation for the Proposed Project. -2- 2. That it carefully reviewed and considered the information contained in the Mitigated Negative Declaration (including the Initial Study and any comments received during the public review period)prior to acting upon the Proposed Project. 3. Based upon the record before it (including the Initial Study and any comments received),the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 372 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission; and WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2020-030, a summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 15th day of September, 2020, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project and for the purpose of considering the MND and MMP No. 372, and did give notice thereof in the manner and as provided by law; and WHEREAS, complete copies of the MND and MMP No. 372 were presented to the City Council for review and consideration at the meeting at which this Resolution was adopted. Complete copies of the MND and MMP No. 372 are on file and can be viewed in the City's Planning Department located on the First Floor at 200 S.Anaheim Blvd.,Anaheim,California and are also available for purchase; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the Proposed Project and the MND and MMP No. 372, and the recommendations of the Planning Commission; and WHEREAS, the City Council intends and desires to use the MND and MMP No. 372 as the environmental documentation required by CEQA, the State CEQA Guidelines and the City's Local CEQA Procedure Manual for the Proposed Project; 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. The 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, pursuant to the above findings and based upon a thorough review of the Mitigated Negative Declaration and the evidence received to date,does hereby adopt the Mitigated Negative Declaration(including the Initial Study and any comments received during the public review period) and MMP No. 372 and find and determine as follows: 1. That the Mitigated Negative Declaration has been prepared in compliance with the requirements of CEQA,the CEQA Guidelines,and the City's Local CEQA Procedure Manual and, together with MMP No. 372, serves as the appropriate environmental documentation for the Proposed Project; -3- 2. Based upon the record before it (including the Initial Study and any comments received), that the Proposed Project will have a less than significant impact upon the environment with the implementation of the mitigation measures contained in MMP No. 372 and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council; 3. That the City Council authorize and direct City staff to file with the Clerk of the County of Orange a Notice of Determination in accordance with Section 15075(a) of the State CEQA Guidelines. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 5th day of September, 20 2q by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN:None • CITY OF ANAHEIM By: A . 1 , A '1 R I' k' CI S. AN 7_ EIM ATTEST: CITY CLERK OF HE CITY OF ANAHEIM 139307/LHM -4- EXHIBIT "A" DEN NO. 2019-09148 APN: 082-431-23 Y \11/40, w9r z P n WLi., „ ::: N \ . i-- v, Z W N N / / v, W KATELLA AVE i / I r 10 MONIIIIII Source Recorded Traci Maps anrNor Gly GIS Please note the accuracy is+r-two to five feet -5- Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO.372 Terms and Definitions I. Property Owner/Developer—Any owner or developer of real property within the Hotel 55 project site. 2. Environmental Equivalent/Timing—Any mitigation measure and timing thereof,subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed"environmental equivalent timing"and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing—This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur,as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure.Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures—The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved.When compliance with a measure has been demonstrated for a period of one year,monitoring of the measure will be deemed to be satisfied and no further monitoring will occur.For measures that are to be monitored"Ongoing During Construction,"the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit—For purposes of this Mitigation Monitoring Plan,a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building,but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. 6 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion AESTHETICS 5.1-2 Prior to issuance of building Prior to issuance of building permits, all plumbing or other similar pipes and fixtures Planning and Building permits located on the exterior of the building shall be shown on plans as fully screened from Department view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials.A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 5.1-3 Ongoing Ongoing,the property owner/developer shall be responsible for the removal of any Planning and Building on-site graffiti within 24 hours of its application. Department 5.1-5 Prior to final building and zoning Prior to final building and zoning inspections, private streets within the Anaheim Public Utilities Departmi inspections 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. 5.1-6 Prior to final building and zoning Prior to final building and zoning inspections, root and sidewalk barriers shall be Planning and Building inspections provided for trees within seven feet of public sidewalks. Department 5.1-7 Prior to final building and zoning Prior to final building and zoning inspections,the property owner/developer shall Planning and Building inspections submit to the Planning and Building Department a letter from a licensed landscape Department architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 5.1-8 Ongoing Ongoing, all on-site non-Public Realm landscaping and irrigation systems, and Planning and Building Public Realm landscaping and irrigation systems,within area in which dedication Department has not been accepted by the City, shall be maintained by the property owner/developer, in compliance with City standards. 5.1-9 Ongoing Ongoing, any tree planted within the Setback Realm shall be replaced in a timely Planning and Building manner in the event that it is removed, damaged, diseased and/or dead. Department 5.1-10 Ongoing Ongoing, a licensed arborist shall be hired by the property owner/developer to be Planning and Building responsible for all tree trimming. Department 5.1-11 Prior to issuance of each Prior to issuance of each building permits, unless records indicate previous Planning and Building building permits payment, a fee for street tree purposes shall be paid or cause to be paid to the City Department 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. 7 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.1-12 Prior to issuance of each Prior to issuance of each building permit, all air conditioning facilities and other roof Planning and Building building permit and ground-mounted equipment shall be shown on plans as shielded from public Department view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties.A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. AIR QUALITY 5.2-1 Ongoing during project Ongoing during project operation, the property owner/developer shall implement Planning and Building operation measures to reduce emissions to the extent practical, schedule goods movements Department for off-peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. 5.2-2 Prior to the issuance of each Prior to the issuance of each building permit, the property owner/developer shall Planning and Building building permit submit evidence that low emission paints and coatings are utilized in the design and Department construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications.The property owner/developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating,the surface area to be coated, gallons (or liters) of coating per unit surface area,and VOC content per gallon (or liter).The property owner/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non-solvent-based coatings on buildings,wherever appropriate; b. Use solvent-based coatings,where they are necessary. 5.2-3 Ongoing during construction Ongoing during construction, the property owner/developer shall implement Planning and Building measures to reduce construction-related air quality impacts.These measures shall Department 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. 8 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 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. I. Comply with SCAQMD Rule 402,which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.)where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators,where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. 9 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.2-4 Prior to issuance of each Prior to issuance of each grading permit(for ImporUExport Plan)and prior to Planning and Building grading permit(for issuance of demolition permit(for Demolition Plan), the property owner/developer Department Import/Export Plan)and prior to shall submit Demolition and Import/Export plans. The plans shall include issuance of demolition permit identification of offsite locations for materials export from the project and options for (for Demolition Plan) 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. 5.2-5 Prior to the issuance of each Prior to the issuance of each building permit,the property owner/developer shall Planning and Building building permit comply with all SCAQMD offset regulations and implementation of Best Available Department Control Technology(BACT)and Best Available Retrofit Control Technology (BARCT)for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. 5.2-6 Prior to the issuance of each Prior to the issuance of each building permit, the property owner/developer shall Planning and Building building permit implement, and demonstrate to the City, measures that are being taken to reduce Department operation-related air quality impacts. These measures may include, but are not limited to the following: 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. 10 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion BIOLOGICAL RESOURCES 4-1 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning and Building demolition permit, grading whichever occurs first, a survey for active raptor nests shall be conducted by a Department permit, or building permit, qualified Biologist and submitted to the Planning and Building Department 30 days whichever occurs first 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. (ARSP EIR 340 MM 5.3-1) 4-2 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning and Building demolition permit, grading whichever occurs first, a letter detailing the proposed schedule for vegetation Department permit, or building permit, removal activities shall be submitted to the Planning and Building Department, whichever occurs first 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. (ARSP EIR 340 MM 5.3-2) CULTURAL RESOURCES 5-1 Prior to issuance of the grading Prior to the issuance of the grading permit,the applicant shall provide written Public Works Departme permit evidence to the City, the applicant has retained an Orange County-certified Planning and Building archaeologist, to observe grading activities and salvage and catalogue Department archaeological resources as necessary. The archaeologist shall be present at the pre-grade conference, shall establish procedures for archaeological resource surveillance, and shall establish, in cooperation with the applicant, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the artifacts as appropriate. If archaeological resources are inadvertently unearthed during excavation activities, the contractor shall immediately cease all earth-disturbing activities within a 100-foot radius of the area of discovery and the archaeologist and City shall be notified immediately. If the archaeological resources are found to be significant,the archeologist, in consultation with the City, shall determine appropriate actions for exploration and salvage. After the find has been appropriately avoided or mitigated, work in the area may resume. 11 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion ENERGY 5.2-6 Prior to the issuance of each Prior to the issuance of each building permit, the property owner/developer shall Planning and Building building permit implement, and demonstrate to the City, measures that are being taken to reduce Department operation-related air quality impacts. These measures may include, but are not limited to the following: 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. Participate in marketing the existing Anaheim Telecenter (telecommuting/ video conferencing center)to guests in their hotels/businesses. 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 5.17-1 Prior to the issuance of each Prior to issuance of each building permit, the property owner/develop shall consult Planning and Building building permit with the City of Anaheim Public Utilities Department, Resource Efficiency Business Department 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) 12 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion g. Occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy-efficient lighting for outdoor lighting k. Use of Energy Star®exit lighting or exit signage I. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal-halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and 4 parking lots n. Consideration of thermal energy storage air conditioning for spaces or facilities that may require air-conditioning during summer, day peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: i. New construction design review, in which the City cost-shares engineering for up to$10,000 for design of energy efficient buildings and systems ii. New Construction — cash incentives ($300 to $400 per kW reduction in load)for efficiency that exceeds Title 24 requirements iii. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. (MEIR 313, MMs 3.9.9-1 and 3.9.9-2 in part, Public Services and Utilities) 5.17-3 Prior to the issuance of each Prior to issuance of each building permit, the property owner/developer shall submit Planning and Building building permit plans and calculations to the City of Anaheim Planning Department, Building Department Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 13 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion GEOLOGY AND SOILS 6-1 Prior to issuance of each Prior to issuance of each building permit, the property owner/developer shall submit Planning and Building building permit plans to the Planning Department, Building Services Division for review and Department 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. (ARSP EIR 340 MM 5.5-3) 6-2 Prior to issuance of building or Prior to issuance of building or grading permits,the property owner/developer shall Planning and Building grading permits submit to the Planning and Building Department, Building Services Division geologic Department 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. (ARSP EIR 340 MM 5.5-6) 6-3 Prior to issuance of a grading In the event that paleontological resources are inadvertently unearthed during Planning and Building permit excavation activities, the contractor shall immediately cease all earth-disturbing Department activities within a 100-foot radius of the area of discovery and the contractor shall contact the City immediately.The City shall retain a qualified professional paleontologist to evaluate the significance of the find, and in consultation with the City, determine an appropriate course of action. If the paleontological resources are found to be significant,the paleontologist, in consultation with the City, shall determine appropriate actions for exploration and salvage.After the find has been appropriately avoided or mitigated, work in the area may resume. (ARSP EIR 340 MM 5.4-2). 5.5-1 Prior to issuance of each Prior to issuance of each building permit,the property owner/developer shall submit Planning and Building building permit to the Planning and Building Department, Building Services Division for review and Department approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 5.5-2 Prior to issuance of each Prior to issuance of each foundation permit,the property owner/developer shall Planning and Building foundation permit submit a report prepared by a geotechnical engineer to the Planning and Building Department 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. 5.5-4 Prior to the final building and Prior to the final building and zoning inspection for a hotel/motel, the property Fire Department zoning inspection for a owner/developer shall submit an earthquake emergency response plan for review hotel/motel and approval by the Fire Department. The plan shall require posted notices in all 14 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. 5.5-5 Ongoing during grading Ongoing during grading activities, the property owner/developer shall implement Planning and Building activities standard practices for all applicable codes and ordinances to prevent erosion to the Department satisfaction of the Planning and Building Department, Building Services Division. HAZARDS AND HAZARDOUS MATERIALS 8-1 Ongoing during project Ongoing during project demolition and construction, in the event that hazardous OC Health Care Agenc} demolition and construction waste, including asbestos, is discovered during site preparation or construction,the Environmental Protectio property owner/developer shall ensure that the identified hazardous waste and/or Section of the Fire hazardous material are handled and disposed of in the manner specified by the Department; South Coa State of California Hazardous Substances Control Law(Health and Safety Code, Air Quality Managemen Division 20, Chapter 6.5), and according to the requirements of the California District Administrative Code,Title 30, Chapter 22. (ARSP EIR 340 MM 5.7-6) 5.7-1 Prior to issuance of the first Prior to issuance of the first grading or demolition permit,whichever occurs first, in Fire Department grading or demolition permit, areas of former service stations, in areas known or thought to have been previously whichever occurs first 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. 5.7-2 Prior to the removal of USTs Prior to the removal of USTs, the property owner/developer shall obtain a permit Fire Department from the Hazardous Materials Management Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. 5.7-3 Ongoing during remediation all Ongoing during remediation all remediation activities of surface or subsurface Fire Department; remediation activities of surface contamination not related to USTs, conducted on behalf of the property Planning and Building or subsurface contamination owner/developer, shall be overseen by the Orange County Health Care Agency Department not related to USTs (OCHCA). Information on subsurface contamination from USTs shall be provided to the Santa Ana Regional Water Quality Control Board (SARWQCB)with a copy to Planning & Building. 15 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 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). 5.7-4 Prior to issuance of the first Prior to issuance of the first grading or demolition permit, whichever occurs first, the Fire Department grading or demolition permit, property owner/developer shall submit a plan for review and approval by the Fire whichever occurs first Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. 5.7-5 Prior to issuance of the first Prior to issuance of the first grading or demolition permit,whichever occurs first for Fire Department; grading or demolition permit, future developments within the Anaheim Resort Specific Plan area affecting any Planning and Building whichever occurs first property on a published list of leaking underground storage tanks (LUST)that has Department not been officially closed or resolved, a qualified environmental professional, retained by the property owner/developer, shall attempt to contact the current and/or known former property/business owners to obtain information regarding the status of USTs and/or tank closures at these sites. If warranted, subsurface investigation and sampling shall be undertaken by a qualified environmental professional,and results of these analyses shall be submitted to the Fire Department and the Santa Ana Regional Water Quality Control Board (SARWQCB), for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. A copy of the approval letter with any appropriate remediation measures shall be submitted to Planning & Building. HYDROLOGY AND WATER QUALITY 9-1 Prior to issuance of a grading Prior to issuance of a grading permit for sites that disturb more than one(1)acre of Public Works Departme permit 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.The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the Project Site and be available for City review on request. Evidence of permit attainment shall be submitted to the Planning and Building Department, Building Services Division. (ARSP EIR 340 MM 5.8-2) 9-2 Ongoing during project Ongoing during project operations,the property owner/developer shall provide for Public Works Departme operations the following: cleaning of all paved areas not maintained by the City of Anaheim on a 16 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 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. (ARSP EIR 340 MM 5.8-3) 5.8-1 Prior to issuance of the first Prior to issuance of the first grading or building permit,whichever occurs first, the Public Works Departme grading or building permit, property owner/developer shall submit a Master Drainage and Runoff Management whichever occurs first Plan (MDRMP)for review and approval by the Public Works Department, Development Services Division and Orange County(OC) Public Works/OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project- generated drainage and runoff. 5.8-4 Prior to each final building and Prior to each final building and zoning inspection, the property owner/developer shall Planning and Building zoning inspection submit a letter from a licensed landscape architect to the City certifying that the Department landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 5.8-5 Prior to final building and Prior to final building and zoning inspection, the property owner/developer shall Public Utilities Departme zoning inspection install piping on-site with project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. 5.8-6 Prior to issuance of building Prior to issuance of building permits, the property owner/developer shall provide Public Works Departme permits written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. NOISE 12-1 Prior to approval of each final Prior to approval of each final site plan, the property owner/developer shall submit a Planning and Building site plan noise study prepared by a certified acoustical engineer to the satisfaction of the Department Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise-sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property 17 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion owner/developer prior to final building and zoning inspections. (ARSP EIR 340 MM 5.10-2) 5.10-1 Ongoing during construction Ongoing during construction,the property owner/developer shall ensure that all Planning and Building internal combustion engines on construction equipment and trucks are fitted with Department properly maintained mufflers. 5.10-3 Prior to issuance of each Prior to issuance of each building permit, for structures that are adjacent to noise- Planning and Building building permit sensitive areas such as residences,the property owner/developer shall ensure that Department all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. 5.10-4 Prior to issuance of each Prior to issuance of each building permit for a parking structure, the property Planning and Building building permit for a parking owner/developer shall ensure that noise from parking structures adjacent to Department structure residential areas will be reduced by the provision of convenient access to parking facilities, sound attenuation devices (louvers and walls), the use of textured deck surfaces to reduce tire squalling, and tiering a parking facility to provide greater distance to the receptor. 5.10-5 Prior to issuance of each Prior to issuance of each building permit, a note shall be provided on building plans Planning and Building building permit indicating that during construction,the property owner/developer shall install and Department 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 are permissible providing they are filled with an acceptable solid vision product. 5.10-6 Ongoing during construction Ongoing during construction and project operation, pressure washing operations for Planning and Building and project operation purposes of building repair and maintenance due to graffiti or other aesthetical Department considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. 18 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.10-7 Ongoing during construction Ongoing during construction and project operation, sweeping operations in the Planning and Building and project operation parking facilities and private on-site roadways shall be performed utilizing Department sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 5.10-8 Ongoing during construction Ongoing during construction, property owners/developers shall pay for all Planning and Building reasonable costs associated with noise monitoring which shall include monitoring Department conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a 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. 5.10-9 Prior to issuance of each Prior to issuance of each building permit,the property owner/developer shall present Planning and Building building permit plans and calculations to the Planning Department, Building Division to demonstrate Department that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. 5.10-10 Prior to issuance of each Prior to issuance of each building permit,the property owner/developer shall present Planning and Building building permit plans and calculations to the Planning and Building Department, Building Division to Department demonstrate that noise levels from planned mechanical ventilation equipment, loading docks,trash compactors, and other proposed on-site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor,whichever is more restrictive. 5.10-11 Prior to issuance of each Prior to issuance of each building permit, a note shall be provided on plans Planning and Building building permit indicating that there shall be no operation of large bulldozers or vibratory rollers Department within 25 feet of any existing residence. 5.10-12 Prior to issuance of each Prior to issuance of each building permit if pile driving and blasting is anticipated Planning and Building building permit if pile driving during construction, a noise and vibration analysis must be prepared and submitted Department and blasting is anticipated to the Planning and Building Department, Building Division,to assess and mitigate during construction potential noise and vibration impacts related to these activities. 19 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion PUBLIC SERVICES 5.12-1 Prior to the approval of each Prior to the approval of each Final Site Plan and issuance of each building permit, Police Department Final Site Plan and issuance of the property owner/developer shall submit plans to the Police Department for review each building permit and approval for safety,accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design,circulation, site planning, and lighting of parking structures and parking areas). 5.12-2 Prior to the issuance of each Prior to the issuance of each building permit for a parking structure, the property Police Department building permit for a parking owner/developer shall submit plans to the Police Department for review and structure 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. 5.12-3 Ongoing during project Ongoing during project operation, the property owner/developer shall provide private Police Department operation security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 5.12-4 Prior to issuance of each Prior to issuance of each building permit,the project design shall include parking lots Police Department building permit and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. 5.12-5 Prior to commencement of Prior to commencement of structural framing on each parcel or lot, onsite fire Fire Department structural framing on each hydrants shall be installed and charged by the property owner/developer as required parcel or lot and approved by the Fire Department. 5.12-6 Prior to issuance of each Prior to issuance of each grading permit,the property owner/developer shall submit Fire Department grading permit 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. 5.12-7 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to the final Fire Department building permit;to be building and zoning inspection, plans shall indicate that all buildings, exclusive of implemented prior to the final parking structures, shall have sprinklers installed by the property owner/developer in building and zoning inspection accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 20 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.12-8 Prior to issuance of each Prior to issuance of each building permit, plans shall be submitted to ensure that Fire Department building permit development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers.Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer.The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. 5.12-9 Prior to issuance of the first Prior to issuance of the first building permit,the property owner/developer shall enter Fire Department building permit into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: 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. 21 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion The determination of the allocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment/facilities among property owners/developers in the Hotel Circle Specific Plan Area,the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note:To implement this mitigation measure,the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner/developer(per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995)shall satisfy the requirements of this Mitigation Measure,or the City may enter into alternative financing arrangements. 5.12-10 Prior to each final building and Prior to each final building and zoning inspection,the property owner/developer shall Fire Department zoning inspection place emergency telephone service numbers in prominent locations as approved by the Fire Department. 5.12-11 Prior to issuance of each Prior to issuance of each building permit,the property owner/developer shall submit Fire Department building permit 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. 5.12-13 Prior to the placement of Prior to the placement of building materials on a building site, an all-weather road Fire Department building materials on a building shall be provided from the roadway system to and on the construction site and for site 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. 5.12-14 Prior to approval of building Prior to approval of building plans,the property owner/developer shall provide Fire Department plans 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. 5.12-15 Prior to approval of on-site Prior to approval of on-site water plans, unless each commercial building is initially Fire Department water plans connected to separate fire services,an unsubordinated covenant satisfactory to the 22 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 5.12-16 Prior to approval of water Prior to approval of water improvement plans,the water supply system shall be Fire Department improvement plans designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. 5.12-17 Prior to issuance of each Prior to issuance of each building permit, the property owner/developer shall provide Planning and Building building permit proof of compliance with Government Code Section 53080(Schools). Department 5.12-19 Prior to the issuance of a Prior to the issuance of a building permit, the property owner/developer shall comply Planning and Building building permit with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Department Services Areas—Payment of Fees Required. TRANSPORTATION AND TRAFFIC 5.14-2 Prior to issuance of the first Prior to issuance of the first building permit for each building,the property Public Works building permit for each owner/developer shall pay the appropriate Traffic Signal Assessment Fees and Department building Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts,which have been established. 5.14-4 Prior to issuance of building Prior to issuance of building permits, the property owner shall join and financially Public Works permits participate in a clean fuel shuttle program such as the Anaheim Resort Transit Department system, and shall participate in the Anaheim Transportation Network in conjunction with the on-going operation of the project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during project operation.The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 5.14-5 Prior to the issuance of grading Prior to the issuance of grading permits, the property owner/developer shall provide Public Works permits to the City of Anaheim Public Works Department a plan to coordinate rideshare Department services for construction employees with the Anaheim Transportation Network (ATN)for review and approval and shall implement ATN recommendations to the extent feasible. 5.14-7 Ongoing during construction Ongoing during construction, if the Anaheim Police Department or the Anaheim Police Department; Traffic Management Center(TMC) personnel are required to provide temporary Public Works Department 23 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion traffic control services, the property owner/developer shall reimburse the City, on a fair-share basis, if applicable, for reasonable costs associated with such services. 5.14-8 Prior to issuance of building Prior to issuance of building permits,the property owner shall record a covenant on Public Works permits the property requiring that ongoing during project implementation, the property Department 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. 24 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.14-9 Prior to issuance of building Prior to issuance of building permits,the property owner/developer shall provide to Public Works permits the City of Anaheim Public Works Department for review and approval a menu of Department TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons'transportation options. These options may include, but are not limited to,the list below.The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On-site services. Provide, as feasible and permitted, on-site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a"matching"of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on-site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to 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. 25 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a"compressed work week"program,which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). I. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single- occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax-free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. p. Special"Premium"for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events,vacations,etc.to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 5.14-12 Prior to the issuance of the first Prior to the issuance of the first building permit, the location of any proposed gates Public Works building permit across a driveway shall be subject to the review and approval of the City Engineer. Department Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. 26 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.14-13 Prior to the issuance of building Prior to the issuance of building permits, plans shall show that all driveways shall be Public Works permits constructed with a minimum fifteen (15)foot radius curb returns as required by the Department City Engineer, unless otherwise approved by the City Engineer. 5.14-14 Prior to the issuance of building Prior to the issuance of building permits or final map approval,whichever occurs Public Works permits or final map approval, first, security in the form of a bond,certificate of deposit, letter of credit, completion Department whichever occurs first 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. 5.14-21 Prior to the first final building Prior to the first final building and zoning Inspection every property owner and/or Public Works and zoning Inspection lessee shall designate an on-site contact that will be responsible for coordinating Department 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. TRIBAL CULTURAL RESOURCES 18-1 Prior to issuance of any Prior to the issuance of any grading permit in which native soil is disturbed,the Planning and Building grading permit in which native Applicant shall provide written evidence to the Planning Services Manager,that a Department soil is disturbed Native American monitor has been retained to observe grading activities in native sediment and to recover and catalogue tribal cultural resources as necessary.The Native American monitor shall 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. 27 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion UTILITIES AND SERVICE SYSTEMS 19-1 Prior to approval of a final Prior to approval of a final subdivision map or issuance of a grading or building Public Works subdivision map or issuance of permit,whichever occurs first,the property owner/developer shall participate in the Department; City a grading or building permit, City's Master Plan of Sewers and related Infrastructure Improvement(Fee) Program Attorney whichever occurs first 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 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). (ARSP EIR 340 MM 5.16-1) 28 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.15-1 Prior to issuance of each Prior to issuance of each building permit(to be implemented prior to final building Public Utilities building permit(to be and zoning inspections, and continuing on an on-going basis during project Department implemented prior to final operation), the property owner/developer shall submit to the Public Utilities building and zoning Department plans for review and approval which shall ensure that water inspections, and continuing on conservation measures are incorporated. The water conservation measures to be an on-going basis during shown on the plans and implemented by the property owner/developer, to the extent project operation) applicable include, but are not limited to,the following: a. Use of low-flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self-closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low-flow shower heads in hotels. g. Water efficient ice-machines, dishwashers, clothes washers and other water- using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. 5.15-2 Prior to issuance of each Prior to issuance of each building permit, all water supply planning for the project will Public Utilities building permit be closely coordinated with, and be subject to the review and final approval of, the Department; Fire Public Utilities Department,Water Engineering Division and Fire Department. Department 5.15-3 Prior to issuance of each Prior to issuance of each building permit,water pressure greater than 80 pounds per Planning and Building building permit square inch (psi)shall be reduced to 80 psi or less by means of pressure reducing Department valves installed at the property owner/developer's service. 5.15-4 Prior to the issuance of each Prior to the issuance of each building permit,the property owner/developer shall Planning and Building building permit submit a landscape and irrigation plan which shall be prepared and certified by a Department licensed landscape architect. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides 29 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping and irrigation plans shall include water- conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment,flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. 5.15-5 Prior to approval of the Final Prior to approval of the Final Site Plan and building permits, plans shall specifically Public Utilities Site Plan and building permits show that the water meter and backflow equipment and any other large water Department system equipment will be installed to the satisfaction of the Public Utilities Department,Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department,Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 5.15-6 Prior to issuance of each Prior to issuance of each building permit, unless records indicate previous payment, Public Utilities building permit, unless records the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Department indicate previous payment 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. 5.15-7 Prior to final building and Prior to final building and zoning inspections, a separate water meter shall be Planning and Building zoning inspections installed for landscape water on all projects where the landscape area exceeds Department 2,500 square feet in accordance with Ordinance No.6160. 5.17-1 Prior to issuance of each Prior to issuance of each building permit, the property owner/develop shall consult Public Utilities building permit with the City of Anaheim Public Utilities Department, Business and Community Department Programs Division, in order to review energy efficient measures to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High-efficiency air-conditioning systems with EMS (computer)control b. Variable air volume(VAV)distribution c. Outside air(100%) economizer cycle 30 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors/separable activity areas f. Specification of premium-efficiency electric motors (i.e., compressor motors, air-handling units, and fan-coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy-efficient lighting for outdoor lighting k. Use of Energy Star®exit lighting or exit signage. I. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal-halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air-conditioning for spaces or facilities that may require air-conditioning during summer, day-peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost-shares engineering for up to$10,000 for design of energy efficient buildings and systems b. New Construction — cash incentives ($300 to $400 per kW reduction in load)for efficiency that exceeds Title 24 requirements c. Green Building Program — offers accelerated plan approval, financial incentives,waived plan check fees and free technical assistance. 5.17-2 Prior to final building and Prior to final building and zoning inspection,the property owner/developer shall Public Utilities zoning inspection install an underground electrical service from the Public Utilities Distribution System. Department The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 31 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 5.17-3 Prior to issuance of each Prior to issuance of each building permit,the property owner/developer shall submit Planning and Building building permit plans and calculations to the City of Anaheim Planning and Building Department, Department Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 5.18-1 Prior to approval of a final Prior to approval of a final subdivision map,or issuance of a grading or building Public Works subdivision map, or issuance of permit, whichever occurs first,the property owner/developer shall participate in the Department a grading or building permit, City's Master Plan of Storm Drains and related Infrastructure Improvement(Fee) whichever occurs first Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner/developer's responsibility shall be limited to participation in the Infrastructure Improvement(Fee) Program to provide storm drainage facilities in 10-and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit,whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10-and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure,whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement(Fee)Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage 32 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4)construction estimates. 5.18-3 Prior to the issuance of building Prior to the issuance of building permits,the City shall require that building plans Planning and Building permits indicate that new developments will minimize stormwater and urban runoff into Department drainage facilities by incorporating design features such as detention basins, on-site water features, and other strategies. 33 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 5.19-1 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to final building Public Works building permit;to be and zoning Inspection,the property owner/developer shall submit project plans to Department implemented prior to final the Public Works Department for review and approval to ensure that the plans building and zoning Inspection 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. 5.19-2 Ongoing during project Ongoing during project operation,the following practices shall be implemented, as Public Works operation feasible, by the property owner/developer: Department a. Usage of recycled paper products for stationary, letterhead, and packaging. 34 Mitigation Monitoring Program Hotel 55 Project HOTEL 55 PROJECT MITIGATION MONITORING PROGRAM NO. 372 Mitigation Responsible for Measure No. Timing Measure Monitoring Completion 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. 5.19-3 Prior to issuance of building Prior to issuance of building permits, plans shall show that trash storage areas shall Public Works permits be provided and maintained in a location acceptable to the City of Anaheim Department Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. 5.19-4 Prior to issuance of each Prior to issuance of each building permit, the Property Owner/Developer shall Public Works building permit, demonstrate that the plans include provisions for the installation of trash and recycle Department receptacles near all benches and near high traffic areas such as plazas,transit stops and retail and dining establishments. 5.19-5 Prior to issuance of each Prior to issuance of each grading and building permit, the Property Owner/Developer Planning and Building grading and building permit shall submit to the Planning Director or Planning Services Manager for approval a Department Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non-hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co-mingled. 35 Mitigation Monitoring Program CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-112 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of September, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, Moreno, Kring, and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of September, 2020. ITY CLERK F THE CITY OF ANAHEIM (SEAL)