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Resolution-PC 2021-021RESOLUTION NO. PC2021-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT THE PREVIOUSLY -CERTIFIED MASTER ENVIRONMENTAL IMPACT REPORT NO. 313 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340 SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING VARIANCE NO. 2017-05098 AND FINAL SITE PLAN NO. 2017-00002 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00075) (I 100 WEST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Variance No. 2017-05098 and Final Site Plan No. 2017-00002 to permit a five -story, 75 -room hotel with two levels of subterranean parking, with the following variances from the Anaheim Municipal Code (the "Code"): reduced building and landscape setback along Ball Road, reduced landscape setback along West Place to allow utility equipment to encroach, reduced landscaped setback along the south interior property line; reduced driveway separation and spacing and minimum driveway widths (the "Proposed Project"), for that certain real property located at 1100 West Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of approximately 0.55 -acre, is vacant. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of the Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan area and is subject to the zoning and development standards set forth in Section 18.116.060 (Development Density Areas — Commercial Recreation (C-R) District (Development Area 1)) and Section 18.116.070 (Uses — Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Code; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan pen -nits the development of hotel, convention, retail, and other visitor -serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified the Master Environmental Impact Report for the Anaheim Resort Specific Plan ("MEIR No. 313") by the adoption on September 20, 1994 of its Resolution No. 94R-234; and - 1 - PC2021-021 WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 for Amendment No. 14 to the Anaheim Resort Specific Plan ("Final EIR No. 340") (which Final EIR No. 340 included mitigation measures, a water supply assessment, a statement of overriding considerations and findings thereto), which reevaluated all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan Area since its adoption in 1994 and contained an analysis of the potential environmental impacts of various entitlements and actions referenced therein, including, inter glia, entitlements permitting the maximum build -out of the Anaheim Resort Specific Plan, including an increase of up to 406,359 square feet of convention center space, 180,000 square feet of commercial development, 900 hotel rooms, and 40,000 square feet of hotel meeting/ballroom space; and WHEREAS, 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 and in-person public hearing at the Civic Center in the City of Anaheim on June 7, 2021 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, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, pursuant to paragraph .0204 (Environmental Review) of subsection .020 (Final Site Plan Review and Approval) of Section 18.116.040 (Methods and Procedures for Specific Plan Implementation) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92- 2) Zoning and Development Standards) of the Code, the Planning Commission hereby finds and determines that, in accordance with CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, the approvals required under CEQA for the Proposed Project have been made pursuant to the prior certification of MSIR No. 313 and Final EIR No. 340, prior approvals of related resolutions and ordinances, and the prior filing of a notice of determination; and WHEREAS, the Planning Commission further finds and determines that Final EIR No. 340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to Final EIR No. 340 have occurred; specifically: - 2 - PC2021-021 a. There have not been any substantial changes in the project analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete was adopted, that shows any of the following: (a) the Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (b) significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the project proponents decline to adopt the mitigation measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternatives; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring Pian No. 357 ("MMP No. 357'), which measures have been incorporated into the Conditions of Approval attached hereto as Exhibit B and incorporated herein by this reference, which was prepared for the Proposed Project and includes mitigation measures specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of the mitigation measures identified in MMP No. 357, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and WHEREAS, the Planning Commission finds and determines that the Proposed Project does not exceed the maximum hotel room density allowed in the Commercial Recreation (C-R) District (Development Area 1) under Section 18.116.060 (Development Density Areas — Commercial Recreation (C-R) District (Development Area 1)); and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to construct a five -story, 75 -room hotel with the following variances from the Anaheim Municipal Code has determined that Variance No. 2017-05098 should be approved for the following reasons: SECTION NO. 18.116.090.020 Minimum_ Required Building and Landscaped Setback 1Ball Road). (20 feet for buildings up to 75 feet in height required; 10 feet with 3 feet of architectural projections proposed) -3 - PC202I -021 SECTION NO. 18.116.090.020 Minimum Required Building and Landscaped Setback (West Place). (20 feet for buildings up to 75 feet in height required with utility elements, devices or facilities prohibited from encroaching into the front setback area; utility equipment proposed to encroach into front setback area with the following setbacks proposed: 5 feet for Fire Department double detector check assembly and 15 to 17 feet for three water/irrigation meter backflow devices) SECTION NO. 18.116.090.030 Minimum Required Interior Setbacks. (10 feet required; 3 feet proposed adjacent to the south interior property line) SECTION NO. 18.116.140.110.1102 Minimum Driveway Separation and S acro (40 -foot separation between driveways serving adjacent parcels required; 12 -foot separation on Ball Road and 11 -foot separation on West Place proposed) SECTION NO. 18.116.090.020 Minimum Required Driveway Width Dimensions. (24 feet wide required; 20 -foot wide driveway on Ball Road, 12 -foot wide driveway on West Place and 23 -foot wide driveway on West Place proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification in the vicinity of the proposed Project. The Property, after dedication of required right-of-way, will be 170 feet by 143 feet, which is significantly smaller than other parcels in the area. This presents unique challenges to this site not experienced by others, making it difficult to provide the required circulation, setback and minimum driveway spacing and width. The reduced setback would also be consistent with the adjacent existing hotel which maintains an approximate 12 -foot wide building setback along Ball Road. The Property is also located at the southwest corner of Ball Road and West Place and the proposed driveways have been positioned to provide the maximum spacing and distance from the signalized intersection of Ball Road and West Place consistent with Public Works Department Standard Details. Due to the Property's significantly small size, this resulted in the project driveways being narrower and located closer to the adjacent existing hotel driveways than required by Code. The adjacent hotel drive aisle provides for one- way vehicle access from West Place to Ball Road, whereas the proposed hotel would have one- way delivery and maintenance vehicle access from Ball Road to West Place (guest and employee access to the subterranean parking garage will be from a separate driveway). Therefore potential conflicts of vehicles trying to exit the two properties' driveways at the same time are eliminated by the opposite circulation patterns of the one-way drives. The widths of the proposed driveways are also adequately sized for one-way vehicular traffic and for the entry driveway to the subterranean parking garage. - 4 - PC2021-021 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity due to the significantly smaller size than other parcels in the area. WHEREAS, the Planning Commission does find and determine that the request for Final Site Plan No. 2017-00002 should be approved for the following reasons: 1. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Anaheim Resort Specific Plan No. 92-2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code. 2. The design and layout of the Proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the Proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the Proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The Proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed Project and; WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of the evidence received to date, does hereby approve Variance No. 2017-05098 and Final Site Plan. No. 2017-00002, contingent upon and subject to the conditions of approval, attached hereto as Exhibit B and incorporated herein by this reference. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 5 - PC2021-021 BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered MMP No. 357, which is integrated with the aforementioned conditions of approval and together are represented as Exhibit B hereto, and does hereby approve and adopt MMP No. 357 for the Proposed Project. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of these permits may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 7, 2021. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHA ERS , ItANNING C ION OF THE CITY OF ANAHEIM ATTEST: Xn,4-,7 4 SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2021-021 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss, CITY OF ANAHEIM } I, Simonne Fannin, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on June 7, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS: KEYS, KRING, MULLEADY, PEREZ, VADODARIAM, WHITE NOES: COMMISSIONERS: MEEKS ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 7`h day of June, 2021. SE RETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 7 - PC2021-021 EXHIBIT "A" DEV N4. 2015-00075 1 1 --1 1 1 1 1 W BALL R© W w 0 J W u 0" spa ""' Source: Recorded Tract Maps and/or City CIS. �eec Please note the accuracy is +1- two to five feet. - 8 - PC2021-021 EXHIBIT "B" Variance No. 2017-05098 and Final Site Plan No. 2017-00002 (DEV2015-00075) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF DEMOLITION PERMITS 1 MM 5.2-4: Prior to issuance of each grading permit (for Import/Export Plan) Planning and and prior to issuance of demolition permit (for Demolition Plan), the Building property owner/developer shall submit Demolition and Import/Export Department, plans. The plans shall include identification of offsite locations for materials Planning Services export from the project and options for disposal of excess material. These Division options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. 2 MM 5.3-1: Prior to the issuance of a demolition permit, grading permit, or Planning and building permit, whichever occurs first, a survey for active raptor nests shall Building be conducted by a qualified Biologist and submitted to the Planning and Department, Building Department 30 days prior to commencement of any demolition or Planning Services construction activities during the raptor nesting season (February 1 to June Division 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. 3 MM 5.3-2: Prior to the issuance of a demolition permit, grading permit, or Planning and building permit, whichever occurs first, a letter detailing the proposed Building schedule for vegetation removal activities shall be submitted to the Planning Department, and. Building Department, verifying that removal shall take place between Planning Services August 1 and February 28 to avoid the bird nesting season. This would Division ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist.) - 9 - PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMIT 4 MM 5.4-1: Prior to issuance of each grading permit, the property Public Works owner/developer shall submit a letter identifying the certified archaeologist Department, that has been hired to ensure that the following actions are implemented: Development a. The archaeologist must be present at the pre -grading conference in Services Division order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts Planning and if potentially significant artifacts are uncovered. If artifacts are Building uncovered and determined to be significant, the archaeological Department, observer shall determine appropriate actions in cooperation with the Planning Services property owner/developer for exploration and/or salvage. Division b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. 5 MM 5.4-2: Prior to issuance of each grading permit, the property Public Works owner/developer shall submit a letter identifying the certified paleontologist Department, that has been hired to ensure that the following actions are implemented: Development a. The paleontologist must be present at the pre -grading conference in Services Division order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if Planning and potentially significant paleontological resources are uncovered. If Building artifacts are uncovered and found to be significant, the paleontological Department' observer shall determine appropriate actions in cooperation with the Planning Services property owner/developer for exploration and/or salvage. Division b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution.. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 6 MM 5.19-5: Prior to issuance of each grading and building permit, the Planning and Property Owner/Developer shall submit to the Planning Director or Building Planning Services Manager for approval a Construction Waste Management Department, Plan that, at a minimum, specifies that at least 75 percent of non -hazardous _10- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT construction and demolition debris shall be recycled or salvaged and Planning Services identifies the materials to be diverted from disposal and whether the Division materials will be sorted on site or co -mingled. 7 MM 5.5-6: Prior to issuance of building or grading permits, the property Planning and owner/developer shall submit to the Planning and Building Department, Building Building Services Division geologic and geotechnical investigations in Department, areas of potential seismic or geologic hazards and provide a note on plans Building Division that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 8 MM 5.12-6: Prior to issuance of each grading permit, the property Fire Department owner/developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 9 MM 5.14-5: Prior to the issuance of grading permits, the property Public Works owner/developer shall provide to the City of Anaheim Public Works Department, Traffic Department a plan to coordinate rideshare services for construction Engineering Division employees with the Anaheim Transportation Network (ATN) for review and approval and shall implement ATN recommendations to the extent feasible. 14 MM 5.8-1: Prior to issuance of the first grading or building permit, Public Works whichever occurs first, the property owner/developer shall submit a Department, Master Drainage and Runoff Management Plan (MDRMP) for review and Development approval by the Public Works Department, Development Services Division Services Division and Orange County (OC) Public Warks/OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project -generated drainage and runoff. 11 MM 5.16-1: Prior to approval of a final subdivision map or issuance of a Public Works grading or building permit, whichever occurs first, the property Department, owner/developer shall participate in the City's Master Plan of Sewers and Development related Infrastructure Improvement (Fee) Program to assist in mitigating Services Division existing and future sanitary sewer system deficiencies as follows: The property owner/developer shall submit a report for review and approval of the City Engineer to assist in determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of - 11 - PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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). 12 MM 5.18-1: Prior to approval of a final subdivision map, or issuance of a Public Works grading or building permit, whichever occurs first, the property Department, owner/developer shall participate in the City's Master Plan of Storm Drains Development and related Infrastructure Improvement (Fee) Program to assist in Services Division mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner/developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25 -year storm frequencies and to protect properties/structures for a 100 -year storm frequency. b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the property owner/developer shall be required to guarantee mitigation to the -12- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT satisfaction of the City Engineer and City Attorney's office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25 -year storm frequencies and to protect properties/structures for a 100 -year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. ONGOING DURING PROJECT DEMOLITIONAND CONSTRUCTION 13 MM 5.5-5: Ongoing during grading activities, the property owner/developer Planning and shall implement standard practices for all applicable codes and ordinances Building to prevent erosion to the satisfaction of the Planning and Building Department, Department, Building Services Division. Building Division 14 MM 5.10-8: Ongoing during construction, property owners/developers shall Planning & Building pay for all reasonable costs associated with noise monitoring which shall Department, include monitoring conducted by a certified acoustical engineer under the Planning Services direction of the Planning and Building Department four times a year on a Division random basis to ensure that outdoor construction -related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 PM and 7:00 AM of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. 15 MM 5.7-6: Ongoing during project demolition and construction, in the Fire event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter -13 - PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. PRIOR TO THE PLACEMENT OF B UILDING MATERIALS ONA BUILDING SITE 16 MM 5.12-13: Prior to the placement of building materials on a building site, Fire Department an all-weather road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. 17 MM 5.12-5: Prior to commencement of structural framing on each parcel or Fire Department lot, onsite fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. PRIOR TO ISSUANCE OF BUILDING PERMITS 18 MM 5.1-2: Prior to issuance of building permits, all plumbing or other Planning and similar pipes and fixtures located on the exterior of the building shall be Building shown on plans as fully screened from view of adjacent public rights -of- Department, way and from adjacent properties by architectural devices and/or Planning Services appropriate building materials. A note indicating that these improvements Division will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 19 MM 5.1-12: Prior to issuance of each building permit, all air conditioning Planning and facilities and other roof and ground -mounted equipment shall be shown on Building plans as shielded from public view and the sound buffered to comply with Department, City of Anaheim noise ordinances from any adjacent residential or transient- Planning Services occupied properties. A note indicating that these improvements shall be Division installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 20 MM 5.2-2: Prior to the issuance of each building permit, the property Planning and owner/developer shall submit evidence that low emission paints and Building coatings are utilized in the design and construction of buildings, in Department, compliance with SCAQMD regulations. The information shall be denoted Building Division on the project plans and specifications. The property ownerldeveloper 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 Iiters) 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; -14- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT b. Use solvent -based coatings, where they are necessary. 21 MM 5.2-5: Prior to the issuance of each building permit, the property Planning and owner/developer shall comply with all SCAQMD offset regulations and Building implementation of Best Available Control Technology (BACT) and Best Department, Available Retrofit Control Technology (BARCT) for any new or modified Building Division stationary source. Copies of permits shall be given to the Planning and Building Department. 22 MM 5.2-6: Prior to the issuance of each building permit, the property Planning and owner/developer shall implement, and demonstrate to the City, measures Building that are being taken to reduce operation -related air quality impacts. These Department, measures may include, but are not limited to the following: Building Division a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought -resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. 23 MM 5.5-1: Prior to issuance of each building permit, the property Planning and owner/developer shall submit to the Planning and Building Department, Building Building Services Division for review and approval, detailed foundation Department, design information for the subject building(s), prepared by a civil engineer, Building Division based on recommendations by a geotechnical engineer. 24 MM 5.5-2: Prior to issuance of each foundation permit, the property Planning and owner/developer shall submit a report prepared by a geotechnical engineer Building to the Planning and Building Department, Building Services Division for Department, review and approval., which shall investigate the subject foundation Building Division excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. 25 MM 5.5-3: Prior to issuance of each building permit, the property Planning and owner/developer shall submit plans to the Planning Department, Building Building Services Division for review and approval showing that the proposed Department, structure has been analyzed for earthquake loading and designed according Building Division to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. - 15 - PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 MM 5.10-5: Prior to issuance of each building permit, a note shall be Planning and provided on building plans indicating that during construction, the property Building owner/developer shall install and maintain specially designed construction Department, barriers at the project perimeter areas. The construction sound barriers shall Planning Services be a minimum height of 8 feet with a minimum surface weight of 1.25 Division pounds per square foot or a minimum Sound Transmission Class (STC} rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. 27 MM 5.10-9: Prior to issuance of each building permit, the property Planning and owner/developer shall present plans and calculations to the Planning Building Department, Building Division to demonstrate that noise levels would be Department, less than 65 dBA CNEL for outdoor use areas (including dining patios, Building Division pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. 28 MM 5.10-10: Prior to issuance of each building permit, the property Planning and owner/developer shall present plans and calculations to the Planning and Building Building Department, Building Division to demonstrate that noise levels Department, from planned mechanical ventilation equipment, loading docks, trash Building Division 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. 29 MM 5.10-12: Prior to issuance of each building permit if pile driving and Planning and blasting is anticipated during construction, a noise and vibration analysis Building must be prepared and submitted to the Planning and Building Department, Department, Building Division, to assess and mitigate potential noise and vibration Building Division impacts related to these activities. 30 MM 5.15-1: Prior to issuance of each building permit (to be implemented Planning and prior to final building and zoning inspections, and continuing on an on-going Building basis during project operation), the property owner/ developer shall submit Department, to the Publi . U44ifies r,a.,.,,.,-,, ent planning and Building Department Building Division plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on -16- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT the plans and implemented by the property owner/developer, to the extent applicable include, but are not limited to, the following: a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self-closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice -machines, dishwashers, clothes washers and other water -using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. Use of water conserving landscape plant materials wherever feasible. 31 MM 5.12-17: Prior to issuance of each building permit, the property Planning and owner/developer shall provide proof of compliance with Government Code Building Section 53080 (Schools). Department, Building Division 32 MM 5.12-19: Prior to the issuance of a building permit, the property Planning and owner/developer shall comply with the Anaheim Municipal Code, Section Building 17.08.385, Public Library Facilities Services Areas — Payment of Fees Department, Required. Building Division 33 MM 5.17-3: Prior to issuance of each building permit, the property Planning and owner/developer shall submit plans and calculations to the City of Anaheim Building Planning and Building Department, Building Division, to demonstrate that Department, the energy efficiency of each building will exceed the Title 24 Energy Building Division Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 34 MM 5.15-4: Prior to the issuance of each building permit, the property Planning and owner/developer shall submit a landscape and irrigation plan which shall be Building prepared and certified by a licensed landscape architect. The irrigation plan Department, shall specify methods for monitoring the irrigation system. The system shall Planning Services ensure that irrigation rates do not exceed the infiltration of local soils, that Division the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping and irrigation plans shall include water -conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and -17- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 35 MM 5.12-1: Prior to the approval of each Final Site Plan and issuance of Police Department each building permit, the property owner/developer shall submit plans to the Police Department for review and approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 36 MM 5.12-2: Prior to the issuance of each building permit for a parking Police Department structure, the property owner/developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. 37 MM 5.12-4: Prior to issuance of each building permit, the project design Police Department shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. 38 MM 5.12-7: Prior to issuance of each building permit; to be implemented Fire Department prior to the final building and zoning inspection, plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers installed by the property owner/developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 39 MM 5.12-8: Prior to issuance of each building permit, plans shall be Fire Department submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property - 18 - PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 40 MM 5.12-9: Prior to issuance of the first building permit, the property Fire Department owner/developer shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle/trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner/developer shall be based on an 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. 41 MM 5.12-11: Prior to issuance of each building permit, the property Fire Department owner/developer shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. -19- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 42 MM 5.12-12: Prior to the approval of each Final Site Plan and prior to the Fire Department issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 43 MM 5.12-14: Prior to approval of building plans, the property Fire Department owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 44 MM 5.14-2: Prior to issuance of the first building permit for each building, Public Works the property owner/developer shall pay the appropriate Traffic Signal Department, Traffic Assessment Fees and Transportation Impact and Improvement Fees to the Engineering Division City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City -authorized improvements provided by the property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 45 Prior- LV L11V 1111LC1 �A.1.^rr "^"" MM 5.14-4: Prior- + t� l building and ee4ie Prior to Public Works issuance of the first building permit, the property owner shall join and Department, Traffic financially participate in a clean fuel shuttle program such as the Anaheim Engineering Division Resort Transportation (ART) system, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the on-going operation of the project. Proof of compliance with this requirement shall be submitted by the Anaheim Transportation Network to the City Traffic Engineer. 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. Proof of compliance with this requirement shall be the submittal of a copy of the recorded covenant to the City Traffic Engineer. 46 MM 5.14-8: Aie - to she final buildiffig and zoning inspeoiea­Prior to Public Works issuance of the first building permit, the property owner shall record a Department, Traffic covenant on the property requiring that ongoing during project Engineering Division implementation, the property owner/developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office and proof of compliance with this requirement shall be the submittal of a copy of the recorded covenant to the City Traffic Engineer. 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. -20- PC2021-021 NO. I CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 47 MM 5.14-9: Prior to issuance of the first building permit, the property owner/developer shall provide to the City of Anaheim Public Works Department, City Traffic Engineer, for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons' transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation and proof of compliance with this requirement shall be the submittal of a copy of the recorded covenant to the City Traffic Engineer. 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 Horne Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. Public Works Department, Traffic Engineering Division -21 - PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single -occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax-free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. p. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 48 MM 5.14-12: Prior to the issuance of the first building permit, the location Public Works of any proposed gates across a driveway shall be subject to the review and Department, Traffic approval of the City Engineer. Gates shall not be installed across any Engineering Division driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. 49 MM 5.8-6: Prior to issuance of building permits, the property Public Works owner/developer shall provide written evidence that all storm drain, sewer, Department, and street improvement plans shall be designed and constructed to the Development satisfaction of the City Engineer. Services Division 50 MM 5.14-3: Prior to approval of the first final subdivision map or issuance Public Works of the first building permit, whichever occurs first, the property Department, owner/developer shall irrevocably offer for dedication (with subordination Development of easements), including necessary construction easements, the ultimate Services Division arterial highway right(s)-of-way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. -22- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an additional 7 -foot wide easement from the existing right-of-way along Ball Road for road, public utilities and other public purposes. 51 MM 5.14-13: Prior to the issuance of building permits, plans shall show that Public Works all driveways shall be constructed with a minimum fifteen (15) foot radius Department, Traffic curb returns as required by the City Engineer, unless otherwise approved by Engineering Division the City Engineer. 52 MM 5.14-14: Prior to the issuance of building permits or final map Public Works approval, whichever occurs first, security in the form of a bond, certificate Department, of deposit, letter of credit, completion guarantee, or cash, in an amount and Development form satisfactory to the City Engineer shall be posted with the City to Services Division guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. 53 MM 5.18-3: Prior to the issuance of building permits, the City shall require Public Works that building plans indicate that new developments will minimize Department, stormwater and urban runoff into drainage facilities by incorporating design Development features such as detention basins, on-site water features, and other Services Division strategies. 54 MM 5.19-1: Prior to issuance of each building permit, to be implemented Public Works prior to final building and zoning Inspection, the property owner/developer Department, Streets shall submit project plans to the Public Works Department for review and and Sanitation approval to ensure that the plans comply with AB 939, the Solid Waste Division Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management 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. -23- PC2021-021 NO. CONDI'T'IONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. Prohibiting curbside pick-up. 55 MM 5.19-3: Prior to issuance of building permits, plans shall show that trash Public Works storage areas shall be provided and maintained in a location acceptable to Department, Streets the City of Anaheim Department of Public Works, Operations Division. On and Sanitation an ongoing basis, trash storage areas shall be provided and maintained in Division accordance with approved plans on file with said Department. 56 MM 5.19-4: Prior to issuance of each building permit, the Property Public Works Owner/Developer shall demonstrate that the plans include provisions for the Department, Streets installation of trash and recycle receptacles near all benches and near high and Sanitation traffic areas such as plazas, transit stops and retail and dining Division establishments. 57 MM 5.15-2: Prior to issuance of each building permit, all water supply Public Utilities planning for the project will be closely coordinated with, and be subject to Department, Water the review and final approval of, the Public Utilities Department, Water Engineering Engineering Division and Fire Department. 58 MM 5.15-3: Prior to issuance of each building permit, water pressure Public Utilities greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or Department, Water less by means of pressure reducing valves installed at the property Engineering owner/developer's service. 59 MM 5.15-5: Prior to approval of the Final Site Plan and building permits, Public Utilities plans shall specifically show that the water meter and backflow equipment Department, Water and any other large water system equipment will be installed to the Engineering Division 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. -24- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 60 MM 5.17-1: Prior to issuance of each building permit, the property Public Utilities owner/develop shall consult with the City of Anaheim Public Utilities Department, Department, Business and Community Programs Division, in order to Business and review energy efficient measures to incorporate into the project design. Community Prior to the final building and zoning inspection, the property owner Programs Division developer shall implement these energy efficient measures which may include the following: a. High -efficiency air-conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100%) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors/separable activity areas £ 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 StarO exit lighting or exit signage. 1. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal -halide or high-pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air-conditioning for spaces or facilities that may require air-conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: i. New construction design review, in which the City cost -shares engineering for up to $10,000 for design of energy efficient buildings and systems ii. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements -25- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. PRIOR TO APPROVAL OF WATER PLANS 61 MM 5.12-16: Prior to approval of water improvement plans, the water Fire Department supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. ONGOING DURING CONSTRUCTION 62 MM 5.2-3: Ongoing during construction, the property owner/developer Planning and shall implement measures to reduce construction -related air quality impacts. Building These measures shall include, but are not limited to: Department, Building Division a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth -moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. -26- PC2021-1021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned.. p. Use low sulfur fuel for equipment, to the extent practicable. 63 MM 5.10-1: Ongoing during construction, the property owner/developer Planning and shall ensure that all internal combustion engines on construction equipment Building and trucks are fitted with properly maintained mufflers. Department, Building Division 64 MM 5.10-6: Ongoing during construction and project operation, pressure Planning and washing operations for purposes of building repair and maintenance due to Building graffiti or other aesthetica) considerations shall be limited to daytime hours Department, of operation between 7:00 AM and 8:00 PM. Building Division 65 MM 5.10-7: Ongoing during construction and project operation, sweeping Planning and operations in the parking facilities and private on-site roadways shall be Building performed utilizing sweeping/scrubbing equipment which operate at a level Department, measured not greater than 60 dBA at the nearest adjacent property line. Building Division 66 MM 5.14-7: Ongoing during construction, if the Anaheim Police Police Department Department or the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property Public Works owner/developer shall reimburse the City, on a fair -share basis, if Department, Traffic applicable, for reasonable costs associated with such services. Engineering Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 67 MM 5.1-6: Prior to final building and zoning inspections, root and sidewalk Planning and barriers shall be provided for trees within seven feet of public sidewalks. Building Department, Planning Services Division 68 MM 5.1-7 and 5.8-4: Prior to final building and zoning inspections, the Planning and property owner/developer shall submit to the Planning and Building Building Department a letter from a licensed landscape architect certifying that all Department, -27- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT landscaping and irrigation systems have been installed in accordance with Planning Services landscaping plans approved in connection with the Final Site Plan. Division 69 MM 5.15-7: Prior to final building and zoning inspections, a separate water Planning and meter shall be installed for landscape water on all projects where the Building landscape area exceeds 2,500 square feet in accordance with Ordinance No. Department, 6160. Planning Services Division 70 MM 5.5-4: Prior to the final building and zoning inspection for a Fire Department hotel/motel, the property owner/developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. 71 MM 5.12-10: Prior to each final building and zoning inspection, the Fire Department property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. 72 MM 5.8-5: Prior to final building and zoning inspection, the property Public Utilities owner/developer shall install piping on-site with project water mains so that Department, Water reclaimed water may be used for landscape irrigation, if and when it Engineering Division becomes available. 73 MM 5.14-21: Prior to the final building and zoning inspection every Public Works property owner and/or lessee shall designate an on-site contact that will be Department, Traffic responsible for coordinating with the ATN and implementing all trip Engineering Division mitigation measures. The on-site coordinator shall be the one point of contact representing the project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the project participants. 74 MM 5.17-2: Prior to final building and zoning inspection, the property Public Utilities owner/developer shall install an underground electrical service from the Department, Public Utilities Distribution System. The Underground Service will be Electrical Utilities installed in accordance with the Electric Rules, Rates, Regulations and Division Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. ONGOING 75 MM 5.1-3: Ongoing, the property owner/developer shall be responsible for Planning and the removal of any on-site graffiti within 24 hours of its application. Building Department, Planning Services Division 76 MM 5.1-8: Ongoing, all on-site non -Public Realm landscaping and Planning and irrigation systems, and Public Realm landscaping and irrigation systems, Building within area in which dedication has not been accepted by the City, shall be Department, -28- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT maintained by the property owner/developer, in compliance with City Planning Services standards. Division 77 MM 5.1-9: Ongoing, any tree planted within the Setback Realm shall be Planning and replaced in a timely manner in the event that it is removed, damaged, Building diseased and/or dead. Department, Planning Services Division 78 MM 5.1-10: Ongoing, a licensed arborist shall be hired by the property Planning and owner/developer to be responsible for all tree trimming. Building Department, Planning Services Division 79 MM 5.2-1: 'Ongoing during project operation, the property owner/developer Planning and shall implement measures to reduce emissions to the extent practical, Building schedule goods movements for off-peak traffic hours, and use clean fuel for Department, vehicles and other equipment, as practicable. Planning Services Division 80 Ongoing during project operation, the one-way service driveway shall be Public Works used only by vehicles servicing the hotel and solid waste collection to Department, Traffic minimize potential conflicts with pedestrian traffic in the driveway sidewalk Engineering Division crossing (condition from the May 4, 2021, City Engineer approval of Deviation from Standard Detail No. 115B for Maximum Driveway Width at West Place on file in the Public Works Department). 81 MM 5.$-3: Ongoing during project operations, the property Public Works owner/developer shall provide for the following: cleaning of all paved areas Department, not maintained by the City of Anaheim on a monthly basis, including, but Development not limited to, private streets and parking lots. The use of water to clean Services Division streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. AMM 5.8-3 requirements will be addressed as part of the project's final Water Quality Management Plan (WQMP).] 82 MM 5.12-3: Ongoing during project operation, the property owner/developer Police Department shall provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. $3 MM 5.19-2: Ongoing during project operation, the following practices shall Public Works be implemented, as feasible, by the property owner/developer: Department, Street and Sanitation a. Usage of recycled paper products for stationary, letterhead, and Division packaging. b. Recovery of materials such as aluminum and cardboard. -29- PC2021-021 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 84 MM 5.15-9: Ongoing, the City shall continue to collaborate with the Public Utilities Metropolitan Water District of Southern California (MWD), its member Department, Water agencies, and the Orange County Water District (OCWD) to ensure that Engineering Division available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, § 1.0.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. -30- PC2021-021