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Resolution-PC 2008-83RESOLUTION NO. PC2008-83 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING TAAT A CEQA MITIGATED NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING FINAL SITE PLAN NO. 2007-00013 (1240 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified PetiYion for a Fa~3a1 Site Plan to constntcY a 120-room hotel for certain real property sittiated in The Anaheim Resort area of Hie City of Anaheim, Cotmty of Orange, State of Califomia, as more particularly described in ExhibiY "A" aftached hereto and incorporated herein by this reference; and WHEREAS, Final Site Plan No. 2007-00013 is proposed in connection with Specific Plan Ame»dment No. 2007-00051, Variance No. 2007-04742 and Tentative Parcel Map No. 2006- 195 to amend the Anaheim Resort SpeciFc Plan to redesignate tlie project site liotel density from Low Density to Medium Density, to permit less landscaping adjaceut to an interior property line fhen required by code and to suUdivide an existing parcel into two parcels; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the AnaUeim Civic Center, CoLincil Chamber, 200 South .4naheim Boulevard, on August 18, 2008, at 2:30 p.m., notice of said public l~earing having been duly given as required by law and in accordance witli tlle provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed project actions, including Final Site Plan No. 2007- 00013, and to investigate and mal<e findings and recommendations in connection therewith; and WHEI2EAS, said Commission, after due iiispection, invesYigaCion and stiidy made by itselF and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and detemline the Following facts: 1. That the request Yo develop a 120-room hotel complies with the Anaheim Resorf Specifc Plan (SP92-2) renuirements including zoning and development standards and the Anaheim Resorf Design Plan, with the exception tlaat lass landscaping is proposed adjaceni to an interior property line than required by code and ihat approval of said code waiver is requested in conjwlction witli Varia~ice No. 2007-04742. 2 That the liotel project on Parcel No. 1 as depicted on the Final Site Plan Exliibit Nos. 1-21 on file in Cl~e Planning Deparl~nent will be compatible with the existing hotel located on Parcel No. 2 and lias been appropriately desigied to promote increased pedestrian activity, efficient internal pedestrian and vehicular circulation, and recreational activity for visitors. Moreover, tl~e project has been designed to have an attractive appearance from Ball Road to preserve and enliance The Anaheim Resort. 3. That no one indicated tl~eir presence aY said public hearing in opposition; and that no con-espondence was received expressing concems witli the suUject petition. - 1 - PC2008-83 WHEREAS, the Ai7aheim Planning Commission has reviewed the proposal and does hereby find Chat the Mitigated Negative Declaration and the associaYad MitigaYioiz Monitoring ~ Program No. 000003 is adeqnate to serve as the required environmental doc~mientation in connection witli this request upon finding that the declaration reflects the independent judgmenY oF Che lead agency and that it has considered tlie Mitigated Negative DeclaraYion togetlier w,ith any comments received during the public review process and further finding on the basis of the initial study and any commeilts received tl~at there is no substantial evidence Yhat the project will have a sigilificant effecf on the environment. NOW, THEREFORE, BE IT RESOLVED that tlie Anaheim Planning Commission does hereby approve Final Site Plan No. 2007-00013 suUject to the conditions of approval descriUed in Exhibit "B" attached herero and incorporated Uy this reference which are hereby found to be a necessary prerequisiCe to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED tl~at the Anaheim Planning Commission does hereby find and determine that adoption oFthis Resolution is expressly predicated upon applicanYs compliance witli each and all of the conditions llereinabove set forth. Sl~ould any sucli condiYion, or any part fl~ereof, be declared invalid or unenForceable by the final judgment of any court of competent jurisdictian, then Uiis Resolution, and any approvals hereia3 conCained, shall Ue deeined null and void. AND BE IT FURTHER RESOLVED tl~at the property owner/developer is responsible Por paying all cliarges related to the processing of this discretionary case application withiu 15 days of the isstiance o~f the fiiia] invoice, prior to the isst~ance of building permits or commencen~ent of activity for this project, whichever occurs first. Failure to pay all cl3arges shall result in delays in khe issuance of required permits or the revocation of tlie approval of this application. THE FOREGOING RESOLUTION was adopted at the Plaru~ing Commission meeting of August 18, 2008. Said resolution is subject to tlie appeal provisions set forth in ChapYer 18.60, "Procedures" of tlte Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a CiYy Council Resolution in the event of an appeal. ~ CHA`~N~N, A'~VAF3EIM P1~ANNING COMMISSION v ATTEST: ~i~-t/~.~ ~ , SENIOR S~RETARY, ANAHEIM PLANNING COMMISSION - 2 - PC2008-83 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, Graee Medina, Senior Secretary of tlie Anaheim Planning Commission, do hereUy certify that the foregoing resolntion was passed and adopted at a meeting of the Anal~eim Planning Commission held on Augusk 18, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS IN WITNESS WHF August, 2008. AGARWAL, BUFFA, FAESSEL, KARAICI, RAMIREZ, ROMERO NONE EASTMAN ;REOF, I have hereunto set my hand this ~~ ~ day of SENIOR SE~~$'fARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-83 ExxiBiT «A„ FINAL SITE PLAN NO. 2007-00013 ~ ~ ' " ~ ~~p[ ~ ~ F- ~ rn q~ . ~ ~ ~ .p t1.J ~ O Z ~ d Q ~ BALL RD 240' 0 m ~ u~ ~' o', co 345' ' 0 ~ 'N GDDDHUE AVE 603 72' ~~~ q1a ~ Source~ Racordetl Trad tdaps endlor City GIS. ~ Yq Plearenotetheacairacyis+Ytvwlofivefeal. - 4 - PC2008-83 EXHIBIT "B" FINAL SITE PLAN NO. 2007-00013 Conditions of Approval (NO'CP,: MitigaYion Measures ("MM"), Project Design Features ("PDF") and Standard Conditions ("SC") fron~ Mitigation Moi3itoring Program No. 000003 aie incorporafed into bel b Responsible er ow Ihese condi[iotts of approval and are identified by the mitigation measure num No. applicable condicion numbers.) fOr MonitOring PRIOR TO ISS UANCE OF BUILDING'PERMITS Tl~e property owner/developer shall submit plans which ilhistrate that all mecl~anical equipinent and Crash areas far tl~e subject building(s) will be 1 screened from adjacent public streets and adjacentresidential areas. A note Pianning (MM I-1) shall be added to construction documents indicating Chat screening shall be installed prior Yo tl~e first final building and zoning inspectioii. Tl~e Uroperty owneddeveloper shall s~~bmit a landsaape and irrigation plan wliicll shall be prepared and certified by a licensed ]andscape arcllitect. The landseape plan shall iuclude a phasing plan for the installation and maintenance of landscaping associated witl~ Chat building penniC and slial] be in confomiance wiUi Uie Water EfFiciency Landscape Ordinance. ~~ Tt1e irrigaYion plan shall specify nieCl~ods for monitoriug the irrigation sysCem. The system shall ensure that in~igation rates do not axceed the infiltTation of Plam~ing 3ocal soils, that the application of ferfilizers and pesticides do not exceed 2 (MM I-2) appropriate Ievels of frequancies, and that surface runoff and over-watering is pilbl~c Worlcs, minimized. Anaheiin Resort The landscape ai~d irrigation plans s13all include water-conservang feaYures Maintenance such as low fiow irrigaYiou laeads, automatic irrigation seheduling e~uipment, flow sensing controls, rain sensors, soil moisture sensors, and other water- conserving equipment. In addition, all irrigation systems shall be des~gned so tUat tliey will fimction properly witl~ redaimed water, once a system is available. The landscape and irrigation plans sha11 be reviewed by t3ae .4naheim Resort Maintenance District. The property owner/developer sl~all submit plans wl~ich detail the lighYing system for any parking facilities adjacent to residential or light-sensitive uses. Tl~e systems sliall be designed and maintained in sucl~ a manner as to conceal 3 ]ight sources to the extent feasible to minimize liglit spillage and glare to the (PDF I-]) adjaceilt uses. The plans shall be prepared and signed by a licensed electrical Plaruii~~g ~ engineer, wit6 a letter from the engineer statipg thaY, in the opii~ion of the engineer, fliis requirenxent has been met. All ligllting fixtures, types aA~d locations s13a11 be identified on Cl~e plan stibmitted for building permits. - 5 - PC2008-83 Tlie property owner/developer shall submit evidence that low emission paints and coatings are utilized in tlie design and construction of buildings, in --- - compliance with SCAQMD regulations. Tliis infomiation sl~all be denoted on tl~e project plans and specifications. The properky owner/developer shall also 4 implement tl~e followii~g to limit emission from arcliitectural coatings ai~d MM I-2 ~ ) asphalt usage: Pla~uiing a. Use nonsolvent-based coatings on buildings, wllerever appropriale. b. Use solvent-based coaYings, where they are necessary, in ways that mini~vize solvent emissions. c. Encourage use of high-solid or wafer-based coatings. South Coast Air Qiiality Tlie property ow»er/deveioper sliall comply with all SCAQMD ofFset Mat3agement regulations and implementation of Best Available ConYrol Technology Dist~rict (for 5 (BACT) and Best Available Retrofit Control Technology (BARCT) for any pem~iY (MM III-5) new or modified stationary source. Copies of perniits shall be given to d~e issuance); Plamiing Departznent. Planiaing (for verifcation of permit application and receipt) Tlie property owner/developer shall implement, and demonstrate lo tlie City, measures thai are being taken Yo reduce operation-related air quality impacts. Tliese meas~nes inay inch~de, but are noC limited to, the following: a. Iinprove thermal inEegrity of structures and reduced thermal load througll use of automated Yime cloclcs or occupant sensors. 6 b. IncorporaCe ef6cient heaYing and other appliances. Resource (MM II-6) ~~ c. Licoiporate energy conservation measi~res in site orientarioii and in Efficiency; building design, such as appropriate passive solar design. Planning d. Use drought-resistanY landscaping wherever feasiUle 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. Lnplementation of energy co~iservaYion techniques (i.e., iilstallaYion of energy saving devices, construction of electrical vehicle dlarging stations, use oP 7 s~mligl~t filtering wiaidow caatings or do~ible-paiaed windows, utilizaYion of Resoi~rce (MM III-7) light-colored roofing materials as opposed Co darlo-colored roofing materials, Efficiency; and placement of sl~ady trees ~zext to liabitable sYructiu-es) shall be indicated on P~amiing plans: - 6 - PC2008-83 ' Tt~e property owner/developer sliall suUmit plans sllowing that the proposed 8 sYrucYure has been analyzad for earthqualce loading and designed according to - (MM VI-1) the most recent seismic standards in the Unifom~ Building Code adopted by ~t~ilding tl~e City of Anal~eim. Tlie properfy owner/developer shall submit for review aiid approval, detailed ' ~ ~ fow~dation design infonnation for the subject building(s), prepared by a civil Building (MA~ VI-3) engii~eer, based on recommendations by a geotechnical engineer. The property owner/developer sliall place a note on the grading and Planning Code ~~ construcCion plans stating that Clie construction contractor sliall limit all EnforcemenY construction-related activities that would be restilt in 13ig1~ noise levels to Building between tlie hours of 7:OOam and 7:OOpm Monday through Saturday. (verification of notes on plansj ll ~ Projects shall be required to comply witl~ reqiiirements in effect at tl~e t~ime (MM XIII-] ) buildii~g permits are issued (i.e., impact fees, etc.). Police Pla~ls sl~all be submitted to ensure that development is in accordaztce with Yl~e City of A~ial~eim Fire Department SYandards, including: a. Overhead clearance shall aiot be less than 14 feet for the full widYh of access roads. 1~ b. Adequate onsite private fire hydrants shall be provided by tlie property ~(MM XIII-5) owner/developer. Tl~e precise number, types and locations of tl~e Fire hydrants shall be deterniined during building permit review. Hydrants are to be a maximum of 400 feet apart. c. A minimum residual water pressure of 20 psi s13all remain in Yhe water system. Flow rates for parking facilities sl~all be set at 1,000 ko 1,500 ~pm. The property owner/developer shall submit a Constniction Fire PmtecCion Plan to Yhe Fire DepartmenY For review and approval detailing accessibility of 13 emergency fre equipment, fire hydrant location, and any other construction (MM XIII-6) features a-equired by the Fire Mazshal. TUe property owner/developer sliall be Fire responsible for securing facilities acceptable to tl~e Fire Department and hydranYs shall be operaYional wit~ required fire flow. - 7 - PC2008-83 The property owner/developer shall submit plans to the Police Departrnent For review and approval For the purpose of incorporating safety measures in Yhe 1~ Project design including tlae concept of crime prevention Yhrough police (MM XIII-9) environmeiatal desi~~ (e.g., building design, circulation, site planning, and lighting of parkin~ struchu•es and parking areas). The project design shaU include parlcing ]ots and parking structures with 15 controlled access points to limit ingress and egress if deterntined to Ue (MM X[II-ll) i~ecessary Uy the Police Department, and shall be subject to tl~e review and Police approval of the Police Department. The property owner/developer shall provide proof of compliance with 16 Govermnent Code Section 53080 (schools) to the Building Division of U~e Planni~ng, (MM XIII 12) p~anning DeparhnenC. Building The property owner/developer shall coardinate with the City ofAnaheim 17 ~~ Police Deparhneait to ensure that all ptiblic safety recominendations will be po~ice (SC XIII-1) imple~nented as part of the project. The property owiler/developer shall participate in the City's Master Plan of 3tonn Dr2ii~s aa~d related Infrastructure flnprovement (Fee) Program to assist in n3itigating existing ai~d fiiri~re stom~ drainage systent deficiencies as follows: The property owner/developer shall submit a report for review and approval ~ by Cl~e CiYy Engineer To assist witl3 detennining tl~e following: a. IPthe specifc developmenUredevelopment does not increase or redirect current or historic storm water quantities/flow, tl~en the property owner's/developer's responsibility shall be limited to puticipaYion in the Lifrastnichire improvemenC (~Fee) Program to provide stoml drainage facilities in 10- and 25-year stonn frequencies lg and to protect properties/structures for a 100-year storm frequency. Development (MM XVI-2) b. If tlie specific development/redevelopment increases or redirects the Services current or historic storni water quantity/flow, tlien the property owneddeveloper shall be required to guarantee mitigation to the satisfacYion of khe City Engineer and City Attomey's Of&ce oFthe impact prior to approval of a final subdivision map or issuance of a gradiirg o~• building permit, whichever occius first, pursuant to the improven~ents ide~~tified in Che Master Plan of Drainage for the Soutli Central Area. Tl~e property owner/developer sl~al] be required to install the stoml drainage facilities as recommended by the Master Plan of Drainage for the Soufh Central Area to provide sYorm drainage facilities for 10- and ZS-year storm frequencies and to protect properCies/stnictures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or - g - PC2008-83 final building and zoniug nispection for the building/stnichire, wl~ica~ever occurs first. Additionally, the property owner/developer __ shall parlicipale in the Infrastructure Improvement (Fee) Program as determined Uy tl~e City Engineer which could include Fees, credits, reimbursements, or a combination thereo£ As part of gtiaranteeing the mitigation of impacts on Yhe storm drainage system, a storni drainage sysCem improvement pl~asing plm~ for tlae project shall be submitted by tlie properCy owi~er/developer to tl~e City Engineer for review and approval and shall contain, at a minim~un, (1) a layout of tlie complete system; (2) all facility sizes, incli~ding suppori~ calculations; (3) construction phasing; and, (4) consh•uction estimates. (Note: The City has adopted the Storni Drain Impact and Improvement Fee Program for flie Soutli CenCral City Area. Con~pliance witla this Fee Prograni by tl~e Property Owner/Developer [per Ordinance No. 5491 and Resolution No. 95R 61 dated April 18, 1995] shall satisfy flle requirements of fliis mitigation measure.) The property owner/developer sl~all siiUnait plans showing that the structtire will comply with the State Energy Efficiency Standards for Nonresidential Resouroe 19 8tiildings (Title 24, Part 6, ArCicle 2, California Code of Regulations) aild Efficiency; (MM XVI-5) will consulk with the City of Anal~eim Public Utilities Resource Efficieney Pla~uiing> Division in order to review above Title 24 measures to incorporate into Yhe Building ~ project design including energy efficient designs. Electrical The property owner/developer shall install an imderground electrical service Engineering, from the PaUlic UYilities Distribution System. The Undergrotmd Service will Resource ~p be insCalled in accordance with tl~e Electric Rules, Rates, Regulations and Effciency; {MM XVI-7) Electrical SpecificatSous forUnderground Systems. Electrical Service Fees planning, and other applicable fees will be assessed in accordance with the ElecYric giiilding (for Rules, Rates, Regulations and ElecYrical Specifications for Underground veriftcaCion of Systems. inclusion on building plans) ~ 1 The property owner/developer sliall demonstrate on plans that fuel efficient p~amiing, (MM XVI-9) models of gas-povvered btiildia~g equipment have been incorporated into the guilding project, to the extent feasible. Pay~nea~t of Transportation Impact and Improvement fee shall be in ]ieu of the following i~nprovements at Yhe intersectipn of Disneyln~xd Drive at Ball Roact: Modify the six-phase traffic signal to an eight-phase traffic signai with Traffic and Z~ proYected left-turn phasing on Disneyland Drive and Ball ~oad. Widen TransporCation; (MNI XV-1) Disneyland Drive to provide dua] northbound left-turn lanes, two U~rough Plaiining, lanes, a~~d an exclusive right-tuni lane. Re-stripe Dis3leyland Drive to provide ~uilding exdusive soutlibound dual lefi-hirn lanes, a through lane, and a shared t~hrough righY-tirni lane. Re-stripe Yl~e westbound through rigl~t-tum lane on - 9 - PC2008-83 Ball Road to provide an exclusive westbound right-turn lane. Payment of Transportation Impact and Improvement fee shall be in lieu of the following improvements, Wahn~t Street at Bc~ll Road: Re-stripe the Traffic and ~3 northbo~md rigllY-tum lane o~ Walnut SCreet to a shared norfhbound tlirougl~ Trans ortation; P MM XV-2 ~ ~ rigl~t-hm~ lane. Re-stripe Ylie southbotind right-tum lane on Walmit Street to a, ~larnliizg, sltared so~itl~bound tluough right-tum lane. Building Payinent of TransporCation Impact and Improveme~7t fee sha13 be in lieu of tl~e ~~ Traffc and 24 following improvements Disne>>land Drive cat Bal[ Road: In addition Co t3~e Transportation; (MM ~V-3) P~amied improvements identified previously, remove one of the dual p~anning, ~~ northboiind left-Cun1 lanes oa~ Disneyland Drive. Widen and/or re-stripe Che gL3ildi»g westbound riglit-turn lane to a shared througl~ right-turn lane. 25 The developer slial] join and financially participate in flie Anaheiin Traffic and Transportation Networlc and Clean Fuel Shuttle Program. Transportation PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 26 Tl~e properry owner/deve3oper sl~all participate in tl~e assessmenC district for Planning (MM I-3) landscape installation and maintena»ce established for The Analieim Resort. Tl~e property owner/developer shall submit a letter from a licensed landscape 27 ~ arcliitect to the City, certifying tl~at Cl~e landscape insCallaYion and irrigation planning (MM VIII-4) systems have been ii~stalled as specified iia Che approved landscaping and ~ irrigatiou plans. 28 Plans shall indicate that all buildings shall have spri3ilders installed by the ProperCy owner/developer iii accordance with Anaheim Mimicipal Code. Said ~ Fire (MM XIII-4) sprinlders shall be installed prior to each final building and zoning inspection. 29 Tlie property owner/developer sl~all place emergency telegl~one service Fire (MM XIII-8) mimbers in pronli»ent locations as approved by the Fire Department. - 10 - PC2008-83 The property owner/developer shall submit project plans Yo the PiiUlic Worl.s DeparCment for review and approval to ensure tl~at the plans comply witl~ AB 939, the Solid Waste Reduction Act oP 1989, as adminisYered by tlie City of Analieim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to Final building and zoning inspection, implernei~taCioi~ of said plan sl~all commence and shall remain in fiill effect. ~ Waste management mitigaYion measuras that shall be ta1<en to reduce solid waste generation include, but are noY liniited to: a. Detailing the loeation and desigi~ of on-site recycling facilities. ~ b. Providing on-site recycling receptacles to encourage recycling. a Cotnplying with all Federal, State and City regularion for hazardous material disposal. d. Participating in Yhe City of Anaheim's "Recycle Anal~eim" program or ofher substitute program as may be developed by the ' 30 ~(MM XVI-3) City. ~~ order to meet the requiremenYs of tlie Solid Waste ReducCion AcC of 1989 Streets ai~d Sanitatio^ (AB 939), the property owner/developer shall intplement numerous solid waste reducYion programs, as required by the PuUlic Works Department, iiicluding, UUt IIOY ~ll]IIYCCl lOi a. FacilitaYing paper recycling by providing chutes or convenient locations for sorting and recycling bins. b. Faailltating cardUoard recycling (especially in retail areas) by providing adequate space and centralized locations for collecYio» and bailing. c. Facilitating giass racycling (especially from resCaura~~Ys) by providing adequate space for sorting and storing. d. Providing trasli compactors for non-recyclable anaterials whenever feasible to reduce flie total volume of solid waste and Yhe mimber of trips req~iired for collection: e. Proltibiting c~irbside pick-ap. The property owner/developer shall intplement energy-saving practices in compliance with TiCle 24, which may include ti~e followii~g: a. Use of I~igh-efficiency air conditioning systems controlled by a computerized management system including Features such as a variable air volume system, a 100-percent ontdoor air Resource economizer cycle, sequential operation of air conditioning Effciency; 31 equipment in accordance with building demands, isolation of p~aiming, (MM XVI-6) air conditioning to any selecYed floor or floors. Building (for U. Use of electric motors designed Yo conserve energy. verification of c. Use of special ligl~ting fixtures such as motion sensing ligl~t- inclusion o^ switch devices a~id compact fluoresce»t €ixCures in place of building ~lans) inaandescent lights. d. Use of T8 lainps ai~d electronic ballasts. Metal hallide or I~igl~- ~ pressure sodium for outdoor lighting and parl<ing lots. _ 11 _ YC ZU(lii-~:i Tl~e Southern California Gas Contpany ]~as developed several pi~ograms whicl~ So2ithern 32 are intended to assist in the selection of Che most energy-effi~eient water heaters California Gas (MM XVI-8) and fiirnaees. Tl~e properCy owner/developer shall impleanent a program, as Co3npany; required, to reduce the demand on natural gas supplies. Pla~t~~ing, Building All air conditioning facilities and other roof and ground iiiounted equipment ~ shall be shielded from public view as reqtiiired by the ARSP and tlie so~md 33 buffered to eomply wikti the City of Anaheim noise ordinuices from ai~y Planning adjacent residential or transienY-occupied properties. Such infonnation shall be specifically sl3ow~~ on tl3e plans submitted for building peunits. All plumbing or oCher similar pipes and fixYures located on tl~e exterior of tlie btiiilding shall be fiilly screened from view of adjacent public rights-of-way 34 and from adjacent properties by arcliitectura] devices and/or appropriate Planning building materials; and further, such information sliall be specifically shown on tl~e plans submitted for building perntits. <TIMING: PRIOR TO ISSUANCE OF GRADING PERMITS The properCy owner/developer shall siib~niC Demoiition and Lnport/Export Plans. The plans shall include identification of offsite locations for maferials exported from the project and options for disposal oF excess materials. Tl~ese 35 oP~ons may include recyclii~g of materials onsite, sale to a soit broker or ~oi~tractor, sale to a proj ect in tl~e vicinity or transport to an environmentally Field (MM III-4) cleared landfill, witU attempts made to move it wiUiin Orange County. T6e Engineering 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 oYher projects, iFnot all can be reused on project site. Prior to approval of eacl~ gradiiig plan, the property owner/developer shall suUmit a IetYer to the Public Worlcs/Engineering Department, Development Servlces Division, and Yhe Planning Aepartment, Plaiming Division, identifying tUe certified archaeologisY that lias been liired to ensure tliat the ~ following actions are implemei~ted: ~ a. Tl~e arcl~aeologist must be preseizt at the pregrading conference in order to establish procedures for tempararily halting or 36 redirecting work to pemiit the sampling, identification, and DevelopmenY evaluation of artifacts if potenYially significanY arCifacts are Services; (MM V-1) uncovered. If artifacts are imcovered and detennined to Ue pla~zning, significant, the archaeological observer shall detennine appropriaYe actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens khat are collected prior to or during the grading process will be donated to an appropriate educational or research insYihition. - 12 - PC2008-83 c. Any archaeologioal wor]< at the site shall be condLicted ui3der the direction oFthe certified arcl~aeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted aro~ind tlte area imtil the monitor can stiirvey flte area. d. A final report detatiling the fi~~dings and disposition of the specimens shall be submitted to the City Engineer. Upon completioai of the grading, Yhe arel~aeologist shall notify tl~e City to when the final report will be submitted. The property owner/developer shall stibmit a letter to tlie Public Worlcs/Engineering Department, DevelopmenY DivSsion, ai7d the Planning DeparCment, Planning Division, identifying Yhe certified paleontologist Yhat had been hired to ensure that tl~e following acYioi~s are implemenCed: a. Tl~e paleontologisY must be present at tl~e pregrading conference ii~ order to establish procedures to temporarily lialt or redirecl work to pemiit the sampling, identification, and evaluation of fossils if pote~3Yially signifieant paleonCological resources are uncovered. If artifacts are wicovered and found to be significant, tlle paleontological observer shall detennine appropriate acYions in cooperation wiYh the property 37 owner/developer for exploration aud/or salvage. Developmenk (MM V-2) b. Specimens that are collected prior to or during tlie grading Services; process will be donated to an appropriate educational or Planning research institution. c. Any paleontological worlc at the site shall be conducCed 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. d. A fiilal report deCaiiing the findings and disposition of tl~e specimens shall be submitted. Upon completion of the grading, the paleontologist sl~all noCify the CiCy, as to wflen tlie final ~ reporC ~vill be submitCed. ~ The property ow»er/developer shall submit to the City Engineer for review and 38 approval, a soils and geological report for tlie area to be graded, Uased on planning, (MM VI-2) Proposed grading and prepared by an engineering geologisY and geotechnical gilildi~3g engineer. All grading shall be in confonnance with Title 17 of the Anaheim Mtmicipal Code. - 13 - PC2008-83 Oru~ge County Health Department The property owner/developer shall subniit a plan for review and approval to ~authorized ac4vities 39 tlte Envirorunental Protectioai Section of Yhe Fire Department wl~ich details ~ relative to rocedures tliat will be Yaken if a previously iuiknown UST, or other unlmown surface (MM Vll-2) pazardous material or wasYe, is discovered onsite. contlmiua[ion); Water Engineering, Fire 40 Tl~e property owner/developer shall ensure compliance with all recommended ~ sCructural and non-stnictur~l Best Managemei~t Practices identi~ed iai the DevelopinenC (IVIM VIII-1) Water Quality Managemei~t Plan (WQMP). Services Tlie property owner/developer shall obtain coverage under the NPDES 41 Statewide Industrial SYormwater Permit for General Construction Activities Develop~netlt ' (MM VIII-2) ' from tl3e State Water Resources Control Board. Bvidence of attainment shall Services be sitbmitted to d~e City Engineer. The property o~vner/developer shall submit a Master Drainage and Rimoff Management Plan (MDRMP) for review and approval by tlie Public Development Worlcs/Engineering Department, Development Services Division, and Orange Services (plan Co~mty Enviromnental Management Agency. The Master Plan shall include, review); Orange 42 but noC be limited to, the Following items: Count~y a. $ackbone storm drain layout apd pipe size, including EnvironmenYal (MM VIII-6) supporting hydrology and hydraulic caletilations for stonns up Management to and including tl~e 100-year storni; and, Agency b. A delineatia~ of the improvements tfl be implemented for (autliorized control ofproject-generated drainage and runoff. activities) ~ Construction Geiteral Perntit Notice of InYent (NO~: This project~ wi11 result in ~~ soil dishirbance of one (1) or more acres of land that l~as not been addressed by aia underlying subdivision map. Prior to the issuance of preliminary or precise 43 grading permits, tl~e Landowxier or subsequent Project Applicant shall provide Development ~~ ~lae City Engineer wit~h evidence thaC an NOI has been filad ~~vith tl~e State Services ~ (SC VIII-1) Water Resources Control Board. Such evideiace shal] consist of a copy of the NOI stan~ped by the SYate Water Resources ConYrol Board or Regional Water Quality Control Board, or a letter &om eitlier ageiicy. - 14 - PC2008-83 Construction Phase Stonn Water Pollutioia Prevention Plan (SWPPP): Prior to the issuance of grading permits, tl~e Landowner or subsequent ProjecY °- Applieant shall prepare an SWPPP that wi11: a. Require implementation of Best Management Practices (BMPs) designed witl~ a goal oPpreventing a net sediment load increase in storm water discharges relaYive to preconsYruction levels; b. Prohibit during the construction period discharges of stonn water or non-storm water aY levels whicl~ would cause or contribute to an exceedance of applicable water c~uality sCandards contained in the Basin Plan; c. Discuss in deYail the BMPs plaimed For tlie project related to Plaiming ~4 control of sediment and erosion, non-sediment pollutants, and Development (SC VIII-2) potential pollutants in non-storm water discharges; Services d. DescriUe post-construetion BMPs for the project; e. ~xplaiii tl~e mainYenance program for the projecYs BMPs; f. During constniction, require reporting oFviolations to the Regional Board; and g. List tl~e parties responsible for SWPPP implementation and BMP maintenance during and after grading. The project proponent sliall implement the 3WPPP uid will modify the SWPPP as directed by the Construction General Permit. Tl~e ProjecY Applioant shall ensure the following conditions l~ave been incorporated into tl~e grading and consYn~ction plans: a. Contractors sl~all scliedule construcCion acYiviYies Yo avoid simulkaneoas use of several piecas of high noise ]evel-emitting ~ p~auning, Code 45 equipmenY, Co the extent practicable. Enforcement; (SC XI-2) b. ConstmeCion equipment shall be fiYCed with mamifacri~rer's B~iilding standard (or better) noise shielding and muffling devices to (verificltion of reduce noise levels to the maximiun extent feasible. no~'~s on plans) c. Equipn3ent maiutenance and sYaging areas should be located as far away from local residences and hotel uses as feasible. The property owner/developer shall sii~anit an en~ergency fire access plan to 46 tile Fire DepartmenY for review and approval to ensnre tl~at service to the site is Fire (MM XIII-3) in accordance ~vith Fire Department service requirements. - 15 - PC2008-83 GENERAL Ongoing during projecY operation, the property owneddeveloper shall -- 47 implement measures to reduce emissions to the extent practical, schedule Traffic and (MM II[-1) goods movenaent for off-peak traffic hours, and use clean fuel for vehicles and Transportation ' otl~ar eqiiipment, as practicable. ~ Ongoing during constniction, Yhe property owner/developer shall implement measures to reduce construction-related air c~uality impacts. These measures sl~all include, but are not lin~ited to: a. Nornial weCting proced~ires (at least twice daiiy) or otl~er dust palliative measures shall be followed during eartl~-moving operaYions to n~inin7ize fiigitive dust emissions, in compliance with tl~e City of Anaheim Municipal Code including application of chenaical so~il stabiiizers to exposed soils after grading is completed and replacing grow~d cover iu disturbed areas as quicldy as practicable. b. Enclosing, covering, watering twice daily, or applying approved soil Uinders, according to manuFacturer's specifcation, to exposed stocl< piles. c. Roadways adjaeent to tl~e project sliall be swept and cleared of any spilled export materials at least twiee a day to assist in South Coast Air minimi2ing fiigitive diist; and, l~aul routes shall be cleared as Qiiality needed if spills of materials exported from tl~e project site Ma~~agement occur. District; 48 d. Where practicable, heavy duYy construction eqLiipment shall be Plaiming, Building (MM III-3) lcept onsite wheii not i~i operation to minimize exhaust (verification of enitissions associated wilh vehicles repetitiously entering and notes on plans); exiting the project site. Development e. Trucks imporiing or ex}~orting soil material and/or debris sUall Services (£or Ue covered prior to entering public streets. annual review) £ Talcing prevenYive measures to ensure that trucks do not carry dirt on tires o~to publie sYreets, including treati3~g onsite raads and staging areas. g. Preventing truel<s from idling for louger than 2 minutes. h. Marnially irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second sYage smog alerts. 16 - PC2008-83 lc. Coinply wiYli the SCAQMD Rule 402, whicl~ states Cl1at no dList impacts shall occur offsite which are sufficient to be called a __ nuisance, and SCAQMD Rule 403, wliicli restricts visible emissions from construction. l. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers) wtiere ~racticable. m. Utilize existing power sources (e.g. power poles) or clean-Fuel generators rather than te~z~porary power generators, where practicable. n. Maia~tain construcYion equipment eiigines by lceeping them properly tuned. a Use low sulfi~r fiiel for equipment, to the extent practicable. 49 During building demolition, no more than half of the total restaiirant square plamiing (MM III-8) footaga, or 5,500 square feet per day, shall be demolished per day. ' Prior to btiiilding de~volition or construction activiYies, the City shall ensure that a survey for activa raptor nests occurs 30 days prior to commencement of any den~olition or construcYion activities during tl~e raptor nesting season (February 1 to June 30) and witl~in 500 feeY of a fanpa131~, junipar, or canary 50 island pine. Should an active nest be idenfrfied, restrictions will be placed on ~ ~ plai~iing (MM IV-1) constnicCion activities in Cl~e vicinity of any active nest observed until the nest is no la~ger active as determined by a qualified Bialogist. These restrictions m1y include a 300- to 500-Poot buffer zone designated around a nest to allow conscructio~i to proceed while minimizing dist~rrbance Yo the active nest. Once tlie nesC is no loaager active, constmetion can proceed wiYhin the buffer zone. Prior to issuance of each foundation permit, Yhe property owner/developer sl~al] suUmit a report prepared by a geoteclinical engineet for review u~d 51 apprQVal which shall investigate the subjecY foundatio33 excavation to Planning (MM VI-4) ~ determine if sofr layers are present immediately beneath flte Footing siCe aizd to ensure Cl~at con~pressibiiiCy does not underlie tiie footing. ~ Orange CounTy Health Ongoing duriiig demolition and construcCion, in tlie event Uiat liazardous Deparkment waste, including asUestos, Ss discovered dttring site preparation or constr~iction, (hazardoLis ~'atar ai~d the property owner/developer shall ensure tliat tl~e idenCified liazardous waste 5~ and/or l~azardous material are haiidled and disposed of in the mazmer specified nlaterial ' (MM VII-1) by the State of Califot~iia Hazardous SubsYances Control Law (Health and asposal); Fire, ~ d Safety Code, Divisioit 20, Chapter 6.5) and aecording to the requirements of (>>lzardous ~ the California AdministraCive Code, TiYle 30, Cl~apter 22. nlaterials/waste &ojn USTs and a3mual review); Air Quality 17 - PC2008-83 Management District (asbestos disposal pertnit) During project operatio~is, the property owner/developer sliall provide for the . ' following: cleanang of all paved azeas not maintai3ied by the City of Anaheim 53 on a monthly Uasis, includiiag, btit not limited to, private streets and parking Streets and (MM VIII-3) lots. The use of water to clean streets, paved areas, parl<ing iots, uid other Sanitation areas and flushing the debris and sediment down the storm drains shall be prohibited. During project construction, Che property owner/developer shall insYall piping 54 onsite with project water mains so that reclaimed water may be used for Water (MM VIII-5) landsca~e irrigation, if and wheu is becomes availaUle fi~om the CoLmty Ei3gineering Sa~iitation District oFOrange Cocmty. P~~or to commencement ofstructiiral framing on eacii parcel or lot, onsite fire 55 hydrants sl~all be installed and charged by Uie properCy owner/developer as Fire (MM XIII-2) required and approved by the Fire Department. Prior to approval of wlter improvement plans, tl~e water supply system shall 56 be designed by the property owner/developer to provide sufficient fire flow Fire (MM XIII-7) pressure and storage for the proposed land use ancl Fre protection in accordance with F]re PepartmenY requirements. Ongoing during project operation, the property owner/developer shall provide 57 private securily ou the premises Co mainYain adequate seciirity for Che enCire (MM XIII- project suUject to review and approval ofthe Police Department. The use of Police 10) seciirity patrols and elecYronic security devices (i.e., video monitors) should be coiisidered to reduce the potential for crianinal activity in the area. Prior to approval of the tentative parcel map and tluoughout the construction p~~~n~ng 58 process, tl~e ProperCy Owner/Developer shall ensure avoidance of any notable (SC XVId) service disruptions during the extension, relocation, upgrading of, or comlecfion to services. Prior to City authorization of any increase in density for Parcel 2, and subject Yo the recorded covenanY on the property, the Property Owi3er/Developer shall 59 ensure that the following improvement is implemented to tlie satisFaction of Developmei~t (MM XVI-1) the City of Anaheim Public Works Department: Services, Planning Approximately 300 liuear feet of 8-inch sewer line in Hainpstead Sh~eet sl~all be replaced witli a 10-incla sewer line. - 18 - PC2008-83 Ongoing during project operation, tlie following practices shall be implemented, as feasible, by the property owner/developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. 60 b. Recovery of mateiials scrcli as aluminum and cardboard. planning, (MNI XVI-4) a Collection of offce paper for recycling. Building d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, lcitchen grease, laser printer toner carfridges, oil, batteries, and scrap metal for recycling or recovery. 61 That root and sidewallc barriers shall be provided for trees (witl~ the exception ~~ p~aiming of palm Yrees) wiYltin seven feet of public sidewall<s. ~~ That any kree planted wit~l~in d~e Setback Realm sliall be replaced ii~ a timely Plamiing mantier in the event that it is removed, damaged, diseased and/or dead. T13at Che subject property shall be developed substantially in accordance witl~ 63 the plans and spacifications submitted Yo tlae City of Anal~eim by the applicant planning and which plans are on file with the Planning Department Exhibit Nos. 1 tl~rougl~ 21 and as conditionad herein. Tl~at Chis Final Site Plan is granCed suUject Yo approval ofand finalization of 64 Specifc Plan Amendment No. 2007-00051, Variance No. 2007-04742 and Plamling Tentative Parcel Map No. 2006-195 That approval of tl~is application constitutes approval of the proposed request only to tl~e exterifi that it conlplies ~vitli Yhe .Snaheim Municipal Zoning Code 65 and any other applicable City, State and Federal regulations. Approval does Planning not include any action or findings as to compliance or approva] of the request regarding any otl~er applicable ordinance, regiilatlon or requirement. That extensions for fiirtl~er time Yo complete conditions of approval may be 66 granted in accordanae wiYh SecYion 18.60.i70 of the Anaheim Mmiicipal Planning Code. Tl~at timing for compliance witli conditions of approval may be anlended Uy the Pla~ming Director upon a shosving of good cause provided (i) equivalent 67 tiining is establislied that satisf es the original i~7tent and purpose of the p3aaming condition(s), (ii) flle modificaCion camplies with Yhe Anaheim Miinicipal Code and (iii) the applicant l~as demonstrated significant progress toward establishment of the ase or approved development. 19 - PC2008-83