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90-287 RESOLUTION NO. 90R-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3303. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit two 16-story, 224-foot high, 500,000 and 339,200 sq.ft. office buildings; two 20-story, 290-foot high, 440,000 sq.ft. office buildings; one 2-story, 90-foot high, 40,000 sq.ft. health club (attached to one 8-story parking structure); one 18-story, 226-foot high, 275,177 sq.ft., 400-room hotel and restaurant with a cocktail lounge and 1,900 sq.ft. of accessory retail uses; and, 40,000 sq.ft. of accessory retail uses with specialty service/retail shops including semi-enclosed restaurants (and sandwich shops) with on-sale alcoholic beverages to be located in the office buildings and/or the parking structures upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK $1, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGB COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC90-180 granting Conditional Use Permit No. 3303; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing CUP 3303 and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoin- ing land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, the action of the City Planning Commission granting said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 3303 be, and the same is hereby, granted permitting two 16-story, 224-foot high, 300,000 and 339,200 sq.ft. office buildings; two 20-story, 290-foot high, 440,000 sq.ft. office buildings; one 2-story, 90-foot high, 40,000 sq.ft. health club (attached to one 8-story parking structure); one 18-story, 226-foot high, 275,177 sq.ft., 400-room hotel and restaurant with a cocktail lounge and 1,900 sq.ft. of -2- CUP 3503 accessory retail uses; and, 40,000 sq.ft. of accessory retail uses with specialty service/retail shops including semi-enclosed restaurants (and sandwich shops) with on-sale alcoholic beverages to be located in the office buildings and/or the parking structures on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050 Minimum number of parking spaces. -~,~ 18.06.050.0212 (6~377 required; 18.06.050.022 minimum 5~400 to maximum 6,516 proposed) 18.06.050.0221 18.06.050.0231 18.06.050.0233 18.06.050.0241 18.06.050.02555 and 18.06.080 subject to the following conditions: 1. That this Conditional Use Permit is granted subject to the ~ adoption of the zoning ordinance in connection with Reclassification No. 88-89-43, now pending. If finalization of the rezoning occurs in phases, adoption of the zoning ordinance for each phase of development, as approved by this Conditional Use Permit, shall occur prior to issuance of a building permit for that phase. Prior to introduction of an ordinance, a preliminary title report for the phase shall be furnished to the Zoning Division of the Planning Department showing the legal vesting of title, the legal description and containing a map of that portion of the property being considered for adoption. 2. That the developer shall submit a letter to the Zoning Division of the Planning Department requesting termination of any conditional use permit which is no longer needed due to demolition of structures and/or discontinuance of use, prior ~ to the issuance of each building permit, as warranted. That pursuant to Chapter 17.50 of Title 17 of the Anaheim Municipal Code, prior to issuance of each building permit or as otherwise provided for in Section 17.50.050 of the Anaheim Municipal Code, a development fee for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount as determined by the City Council. 4. That pursuant to Chapter 17.31 of Title 17 of the Anaheim Municipal Code, prior to the issuance of each building permit, the development fees for the Anaheim Stadium Business Center shall be paid to the City of Anaheim in an amount determined in accordance with Chapter 17.31 of Title 17 of ~' the Anaheim Municipal Code. 5. That an amount equal to One Dollar ($1.00) per gross square foot of building area, as adjusted in accordance with the -5- CUP 3303 Engineering News Record-Construction Cost Index for the Los Angeles Area, shall be paid to the City of Anaheim prior to the issuance of each building permit excluding the parking structure. The owner, prior to the issuance of the first building permit, shall execute and submit to the City a statement acknowledging the validity of this condition and that the condition is binding upon owners' successors. 6. That prior to issuance of any building permit in Phase I, a coordinated sign program for the project shall be reviewed and approved by the Planning Commission. 7. That in the event subject property is to be divided for the purpose of sale, ground lease, or financing, a parcel or tract map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 8. That should the subject property be divided into two or more parcels, that a reciprocal utility and drainage (including access) easement between parcels shall be recorded with the Office of the Orange County Recorder, to the extent required by such approved division and by the City of Anaheim, prior to the issuance of any building permit. 9. That prior to the issuance of each building permit, final design plans for the structure shall be submitted to and approved by the Planning Commission. 10. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 10, except as elevations and floor plate configurations may be modified pursuant to Condition Nos. 9 and 53, herein. 11. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view and acoustically enclosed for noise attenuation. 12. That the office and hotel structures shall be acoustically attenuated such that the resulting interior noise levels from exterior sources not exceed 45 dBA for private offices, guest rooms and conference rooms; 50 dBA for general office, reception and clerical areas; and, 55 dBA for lobbies, retail stores and restaurants (all Leq's from 7 a.m. to 7 p.m.). 15. That the developer shall comply with the following measures to reduce the short-term (construction) impacts associated with implementation of the project: a. Fugitive dust shall be controlled through regular watering. -4- CUP 3303 b. Revegetation of graded areas shall be done as soon as possible after grading to reduce dust. c. Construction equipment shall be maintained in proper tune. d. Grading shall be discontinued on exceedingly windy days. e. Demolition, surface grading and excavation activities related to the proposed project shall be accomplished. within a schedule that minimizes the actual number of days that these activities will occur. 14. That all structures shall meet all applicable requirements of Title 24 of the California Administrative Code. 1S. That the project shall incorporate, where applicable, the California Energy Commission conservation measures recommended for commercial structures. 16. That the project shall employ, where applicable, energy conservation programs developed by the Southern California Gas Company to reduce the project's consumption of natural gas. 17. That solar energy systems shall be considered for installation where technologically feasible as part of the project design as the primary source of service water heating, provided the use of such systems will result in material energy savings. 18. That additional options, other than the energy requirements to heat or cool a building that are provided for in Title 24 of the Administrative Code, shall be utilized in the design of the project to improve U-factors and to reduce the total energy consumed by each building. A list of measures/ materials which shall be considered in the planning of the project is provided below: All windows in the buildings shall incorporate high-efficiency glass with low shading coefficient, laminated glass or insulated glass to reduce heat gain, excluding retail locations and primary building entrances. - Reflective roofing material. - Insulation of chilled and hot water pipes, water heaters and conditioned air and heating ducts. - Utilization of efficient chillers, water and ice storage, economizer cycle and other "free cooling" techniques, air handling and self-contained air handling unit per floor with condenser water provided from a -5- CUP 3303 cooling tower for their efficiency in energy conservation. Waterflow restrictions, where appropriate. Low-wattage tubes or other high-efficiency lights, where feasible. ~ Digital control of major building equipment including optimal start-stop logic. Lighting control devices such as light sweep, occupancy sensors and dimmers. 19. That prior to the issuance of the first building permit in Phase I, and thereafter as required by the City of Anaheim, the developer shall cause to be prepared soils and geological reports. Excavation, removal of fill, soil compaction, selection of fill materials, foundation shoring and piling ~ designs and other such applicable activities shall be consistent with all applicable recommendations of such soils and geological reports. 20. That the grading and foundation plans, including foundation loads, shall be reviewed by and comply with the recommendations of a registered soils engineer. 21. That grading and foundation plans shall be submitted to and approved by the City Engineer prior to the issuance of each building permit, if deemed necessary by the City Engineer. Said plans shall be compatible with the approved site plan. 22. That all grading and earthwork (other than grading for landscape purposes) shall be performed under the observation of a registered soils engineer in order to achieve proper subgrade preparation, selection of satisfactory materials and ~' placement and compaction of all structural fill. That any existing on-site, "non-engineered" fills shall be removed or recompacted. No abandoned subsurface structural elements such as existing foundations and utility lines shall remain on the site. That the registered soils engineer shall be notified in the event that subsurface conditions are exposed during construction which are significantly different from those described in the geological reports. 25. That, if required by the registered soils engineer or City Engineer, special site preparation or special foundation work shall be completed to correct potential differential compaction and expansive soil conditions. -6- CUP 3303 26. That £urther investigation to delineate the extent of the channel deposit shall be per£ormed if piles are anticipated for use in building foundations. 27. That as applicable portions of the project are developed, the landscaped setback adjacent to the State College Boulevard and Paci£ico Avenue frontages shall be a minimum of 15 feet in width and shall include a landscaped earthen berm and shall be planted with minimum fifteen (15) gallon trees located at a minimum of twenty (20) £oot centers, provided that the City Traffic Engineer may modify this requirement to ensure adequate vehicular and pedestrian visibility. 28. That landscaping and irrigation plans shall encourage drought-tolerant plants, shrubbery and landscaping materials along with an automatically- controlled moisture-sensing irrigation system. Raised planters and betming shall include closely spaced, low volume, low angle sprinkler heads. Drip irrigation shall be used when feasible. Watering shall occur during early morning or evening hours to reduce water usage. 29. That prior to issuance of each building permit, landscaping and irrigation plans shall be submitted to the City of Anaheim (Planning Department and Public Utilities Department) for review and approval. 30. That the developer shall control short-term erosion and sedimentation impacts by implementing the following erosion control measures: a. Diversion o£ off-site runoff away from the construction site of the project. b. Provide perimeter sandbagging for temporary basins to trap sediment. c. Prompt revegetation of proposed landscape areas. d. Regular sprinkling o£ exposed soils during construction phases. e. Conformance with appropriate surface runo£f pollution and sediment control features established by SCAG 208 policies. 31. That drainage of subject property shall be disposed o£ in a manner satis£actory to the City Engineer and the Regional Water Quality Control Board. That on-site and of£-site drainage facilities shall be constructed to the satisfaction of the City Engineer prior to the Certificate of Occupancy for the £irst building in Phase I, or such further time that the City Engineer may grant. -7- CUP 3303 33. That a final detailed hydrology and hydraulics study shall be prepared by the developer and submitted to and approved by the City Engineer to finalize and size the storm drains and set the pad elevations. Storm drain extensions from the storm drains at Orangewood Avenue and State College Boulevard and from Lewis Street and Pacifico Avenue to the proposed project site shall be provided by the developer as described in the Engineering Study dated March 1, 1990 included in the Addendum to EIR No. 277. These facilities shall be completed prior to the issuance of a Certificate of Occupancy for the first building in Phase I, or such other time as the City Engineer may approve. That all structures within Zone AO as delineated on the Federal Emergency Management Agency (FEMA) National Flood Insurance Program's Flood Insurance Rate Map shall conform with the City's Flood Hazard Reduction Ordinance No. 4156 (Chapter 17.28 of the Anaheim Municipal Code) and the Floodplain Overlay (EP) Zone (Chapter 18.90 of the Anaheim Municipal Code). As an alternative, the developer may fund and complete, to the City of Anaheim's and all other Responsible Agencies' satisfaction, all improvements and documents necessary to obtain FEMA's approval of a Letter of Map Revision (LOMR). If developer chooses to seek a LOMR in lieu of complying with the aforementioned City regulations, developer shall obtain, and the City must receive notification of, the LOMR approval from FEMA prior to the issuance of a building permit for any structure(s) within the AO Zone. 55. That the developer shall be required to construct a new sewer connection in a size necessary to service the project leading to the County's (Orange County Sanitation District) 42-inch line in State College Boulevard adjacent to the project. 56. That the developer shall conduct a final design study to adjust/support the recommendations included in the preliminary Engineering Study dated March 1, 1990 included in the Addendum to EIR No. 277. The study shall be submitted to and approved by the City Engineer. The developer shall construct sewer improvements as determined to be necessary by the Study to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy for the first building, or such other time as the City Engineer may approve. 57. That all sewer facilities required for the project and prepared for dedication to the Orange County Sanitation District or the City of Anaheim shall be constructed at the developer's expense to the satisfaction of the City Engineer prior to the issuance of a Certificate of Occupancy for the first building, or such other time as the City Engineer may approve. All applicable fees shall be paid by the developer to the City and the Orange County Sanitation District No. 2 prior to the issuance of each building permit. -8- CUP 5505 38. That all sewer facilities prepared for dedication to the Orange County Sanitation District or the City of Anaheim shall be located within public streets or utility easements (accessible for all City maintenance equipment) and shall meet all applicable District and City standards. That the developer shall coordinate with Orange County Sanitation District No. 2 to determine flow reduction techniques to be incorporated into design plans, where applicable. 40. That prior to the issuance of each building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council resolution. That the two signalized driveways shall be constructed with twenty-five (25) foot radius curb returns as required by the City Engineer. Non-signalized driveways shall be constructed with ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 42. That gates shall not be installed across any driveway in a manner which will adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to the Public Works Department's Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. Condition deleted. That the Transportation Demand Management (TDM) Plan shall comply with Regulation XV of the South Coast Air Quality Management District. That the Transportation Demand Management (TDM) program shall include, but not be limited to, the following: Provide an on-site, full-time, qualified ride-share coordinator when more than 450,000 square feet of office space has been constructed. However, in the event that more than 80% of the employees are served by employer-provided services of a ride-share coordinator or ride-share coordinator services, an on-site coordinator shall not be required. Alternate methods of providing such services, such as a shared coordinator with adjacent projects, may be used with the approval of the City Traffic Engineer. Encourage van pooling by maintenance of a minimum vertical clearance in the parking garages of 7'2" in all of the aisles and 80% of the spaces. Encourage employers to subsidize van-pools. -9- CUP 5303 - Encourage tenants to provide incentives for employees to ride-share including preferential parking, subsidized parking fees and provide each new employee with information on ride-share, van-pool, public transportation and alternate transportation opportunities. Encourage use of public transit by providing a bus turnout on State College Boulevard, bus shelter, walkways to access the bus shelter and distribution of public transit schedules. Encourage tenants to subsidize the cost of employee's public transportation costs as an alternate to subsidized parking. 46. That should the subject property be divided into two or more parcels, a reciprocal access and parking agreement in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder prior to issuance of any building permit. A copy of the recorded agreement shall then be submitted to the Zoning Division of the Planning Department. 47. That prior to the issuance of any building permits, plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with the Public Works Department's Standard Plan Nos. 436, 601, 602 and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 48. That prior to the issuance of a building permit for the health club, a parking demand study prepared by an independent traffic engineer licensed by the State of California shall be submitted to the City Traffic Engineer for review and approval. Parking for the health club shall be provided as determined by said study. 49. That prior to the issuance of a building permit for the hotel, a parking demand study prepared by an independent traffic engineer licensed by the State of California shall be submitted to the City Traffic Engineer for review and approval. Parking for the hotel shall be provided as determined by said study. 50. That prior to the issuance of a building permit for the first building in Phase I, a parking plan indicating compliance with City parking lot design standards shall be submitted to and approved by the City Traffic Engineer. 51. That prior to the issuance of each building permit, a plan shall be provided to the City Traffic Engineer for review and approval addressing how the required parking and adequate access is to be maintained during construction activities. The applicant shall maintain adequate on-site parking -10- CUP 3303 availability to accommodate parking demands imposed by site users, in accordance with parking requirements established by the City of Anaheim in effect at the time building permits were issued for those prior phases of the project. These parking requirements shall only be required for those site tenants who will occupy the project during the period of construction. 52. That the legal owner(s) of subject property shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein such owner(s) enter into a mutually satisfactory agreement with the legal owner(s) immediately south of subject property to share the driveway access that abuts the southern property line. The intent of the covenant is to assure an equitable access to adjacent properties to the south on State College Boulevard as well as providing for traffic safety. A left-turn ingress only access opening in the median island on State College Boulevard shall be provided subject to a shared driveway between the two properties. In case that the property owner of the parcel to the south wishes joint access to the single left-turn ingress only from State College Boulevard, the property owner of Stadium Business Park shall provide such access. In case that the property owner to the south does not wish a shared left-turn ingress only, then Stadium Business Park may obtain left-turn ingress only. In case Stadium Business Park does not wish to share the access with the property adjacent to the south, then no left-turn access shall be permitted. 55. That prior to the issuance of a building permit for the first building in Phase I, the proposed parking structure(s) design indicating compliance with the Public Works Department's Standard Plan No. 402 and/or 604 pertaining to standard details for parking structures and ramp requirements shall be submitted to and approved by the City Traffic Engineer. 54. That prior to the expansion of the parking structure, a plan shall be provided to the City Traffic Engineer for his review and approval. The Plan shall address how the required parking and adequate access is to be maintained during the expansion. The applicant shall maintain adequate on-site parking availability to accommodate parking demands imposed by site users, in accordance with parking requirements established by the City of Anaheim in effect at the time building permits were issued for those prior phases of the project. These parking requirements shall only be required for those site tenants who will occupy the project during the period of construction. 55. That the parking structure shall incorporate architectural detail compatible with that of the proposed office towers/hotel and demonstrate compatibility of materials. Final design plans for the parking structure or any expansion -11- CUP 5505 of the parking structure shall be submitted to and approved by the Planning Commission prior to the issuance of a building permit. That prior to the issuance of any building permit, the applicant shall record a covenant in a form approved by the City Attorney's Office to the effect that the use of the parking facilities under the property owner's control to be provided for the project shall be limited to tenants, employees and patrons of the project; and, that said parking facilities shall not be made available for use by visitors and patrons of the Anaheim Stadium or any arena which may be constructed within the Anaheim Stadium Business Center without a written agreement between the applicant and the City of Anaheim. Said covenant shall further provide that on days of scheduled events at Anaheim Stadium and/or the arena, the property owner shall take reasonable steps to preclude said parking. $7. That the developer shall provide regular maintenance and sweeping of parking facilities. 58. That all engineering requirements of the City of Anaheim along the project's State College Boulevard and Pacifico Avenue frontages and any transitional needs, including removal of existing street improvements and 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, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer. In addition, street signing and pavement markings per City of Anaheim standards shall be installed. 59. That to mitigate the impacts of Phase I, the improvements and/or financial participation identified below shall be implemented by the developer. All improvements shall be properly guaranteed through security in the form of a faithful performance bond, certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim, furnished prior to the issuance of the first building permit in Phase I. The following improvements shall be completed prior to the issuance of a Certificate of Occupancy for the first building in Phase I: - Pacifico Avenue from State College Boulevard to 1,170 feet west: Stripe a continuous left-turn lane and install appropriate signage as necessary. State College Boulevard from Pacifico Avenue to Orangewood Avenue: Construct a raised median island to permit northbound left-turn ingress only into the project's southernmost (shared) access driveway. The -12- CUP 3503 median shall be designed to preclude left-turn exiting. The left turn pocket length shall be determined on the basis of a queing study of left turn demands for northbound left turns into the shared driveway versus southbound left turns at Orangewood Avenue. Install a signal when the Caltrans' warrants are met at the southerly access drive from State College Boulevard. The signal shall be interconnected to the City's traffic control system. State College Boulevard Along Project Frontage: Widen to ultimate 60 foot half-width to provide for additional lanes; and, construct a far-side bus turnout (additional 10 feet needed for bus turnout) per the specifications of the Orange County Transit District and the City Traffic Engineer. The area adjacent to the turnout shall include a paved passenger waiting area; and, a paved, lighted and handicapped-accessible pedestrian accessway shall be provided between this stop and the Stadium Business Park buildings. If the facility now operated by the Catch Restaurant is still in operation, this condition may be satisfied by locating the bus turnout between the first entry drive off State College Boulevard, south of Pacifico Avenue and the southerly access drive at the south property boundary as shown on Exhibit A attached. In such event, the bus turnout shall be relocated to the southwest corner of State College Boulevard and Pacifico Avenue, at the developer's cost, at such time as the site presently occupied by the Catch Restaurant is redeveloped. Both the interim and permanent bus turnout shall be subject to the approval of the City Traffic Engineer. State College Boulevard & Katella Avenue Intersection: Provide $316,875 toward the project's obligation for one-eighth of the cost of the total intersection ~ improvement per Critical Intersection Standards prior to the issuance of the first building permit in Phase I. State College Boulevard & Orangewood Avenue Intersection: Provide $475,312 toward the project's obligation for three-sixteenth of the cost of the total intersection improvement per Critical Intersection Standards prior to the issuance of the first building permit in Phase I. 60. That to mitigate the impacts of Phase II, the improvements identified below shall be implemented by the developer. All improvements shall be properly guaranteed through security in the form of a faithful performance bond, certificate of deposit, letter of credit or cash, in an amount and form satisfactory to the City of Anaheim, furnished prior to the issuance of the first building permit in Phase II. The following improvements shall be completed prior to the -13- CUP 3303 issuance of a Certificate of Occupancy for the first building in Phase II: Pacifico Avenue Along Project Frontage: Widen south side to ultimate 53-foot half-width to provide for additional lanes. The major access drive shall have dual westbound left-turn lanes for a minimum 300-foot length, eastbound right and optional through/right-turn lanes and three inbound and outbound lanes. The major access point shall be signalized when the Caltrans' warrants are met. The signal shall be interconnected to the City's computerized traffic control system. A solid median shall be constructed on Pacifico Avenue to provide left-turn ingress only at the major access point. This access point shall align with the East Itanover/Katella Office Park Private Road access to the north, as shown on Exhibit 2 of the Hanover/Katella Office Park Project Development Agreement, approximately 1,182 feet west of the centerline of State College Boulevard. The exact alignment shall be subject to the approval of the City Traffic Engineer. Prior to the issuance of a building permit for the first building in Phase II, the developer shall pay for, and the City Traffic Engineer shall administer, a traffic study to determine if the median is required prior to occupancy of the first building in Phase II. 61. That construction of Phase III shall not proceed unless the Pacifico Avenue overpass over Interstate Highway 5 is constructed. Or, as an option, prior to the issuance of any building permits for Phase III, the developer shall pay for and the City shall commission a traffic and transportation study to determine the completed project Phase I and Phase II impacts on the infrastructure and transportation system as it exists prior to the commencement of any portion of Phase III and to determine what mitigation measures, if any, will be required of the developer to proceed with the development of Phase III prior to the completion of the Pacifico Avenue ~ overpass over Interstate Highway 5. If said study indicates Phase III development may proceed without the Pacifico Avenue overpass over Interstate Highway S, the study shall further identify any additional mitigation measures necessary to maintain an acceptable Level of Service "D" for the construction of Phase III. The developer shall be required to pay a proportionate fair share of such mitigation measures based upon an allocation among the project and other benefiting properties, as determined in good faith by the City Traffic Engineer prior to the issuance of the first building permit in Phase III. 62. That prior to the issuance of a building permit for the Hotel/Restaurant, the developer shall pay for and the City shall commission a traffic and transportation study to determine what impacts the Hotel/Restaurant will have on the infrastructure and transportation system as it exists prior to the commencement of any portion of the facility;. and, to -14- CUP 3303 determine what mitigation measures will be required to be provided by the developer to maintain an acceptable Level of Service D and traffic safety adjacent to the subject property prior to proceeding with the development of the Hotel/Restaurant. 65. That prior to the issuance of the first building permit, the developer shall provide a final engineering report which shall include, but not be limited to, a detailed analysis of expected water use within the project area (average annual, minimum hour, maximum hours, etc.) and sizing of water mains required to deliver maximum hour water demand coincidental with fire flow demand as established by the Anaheim Fire Department (4,000 gallons per minute at the project site with a reserve capacity of 2,000 gallons per minute at a separate location) to adjust/support the recommendations included in the preliminary Engineering Study dated March 1, 1990 included in the Addendum to EIR No. 277. The report shall also consider applicable design £eatures that incorporate interior and exterior water conservation techniques recommended by the California Department of Water Resources. The report shall be submitted for review and approval by the General Manager, Public Utilities Department. 64. That the on-site water system improvements including secondary mains, fire hydrants, meters and backflow prevention devices, if required, shall be installed at the developer's expense and in conformance with plans and specifications approved by the General Manager, Public Utilities Department, City of Anaheim, or his designated representative. 65. That prior to the issuance of the first building permit, the developer shall be required, if the Public Utilities General Manager deems it necessary, to provide a well site (easement for the placement by the Utility of a vault containing pumping equipment and appurtenances thereto) and access easement within the subject property to the satisfaction of the Public Utilities General Manager. 66. That prior to issuance of each building permit, the appropriate fees due for primary mains and fire protection service shall be paid to the Water Utility Division in accordance with Rules 15 and 20 of the Water Utility Rates, Rules and Regulations. 67. That the developer shall conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on square footage and the advancement of additional funds deemed necessary to construct the proposed upgraded water facilities as shown on drawings W-2525 and W-2524. Said drawings are a part of Rule 15D and may be revised by the General Manager, Public Utilities Department, from time to time to reflect changes associated with growth, -15- CUP 3303 phasing and construction cost indices. The latest revision of Rule 1SD is incorporated herein by this reference. The cost of upgraded water mains, shall be at the developer's sole expense, subject to the reimbursement provision provided in the Water Utility's Rates, Rules and Regulations, in accordance with established rules and policies. 68. That interior and exterior water conservation techniques ~ recommended by the California Department of Water Resources shall be incorporated as appropriate to specific project design. 69. That the project shall be served by underground utilities. 70. That development plans shall require that all electrical services and facilities be built in accordance with the City of Anaheim Electric Rates, Rules and Regulations. 71. That street lighting facilities along the project's State College Boulevard and Pacifico Avenue frontages shall be ~' changed and/or modified to underground served street lights as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager, Public Utilities Department, concurrent with the widening of State College Boulevard and Pacifico Avenue along the project frontages. 72. That the developer shall, at no cost to the City of Anaheim, provide underground conduit, substructures and other related facilities and pay a fee for installation of conductors, switches and related equipment to underground the existing overhead utilities within the public right-of-way on the subject property (west side of State College Boulevard and south side of Pacifico Avenue) including any transitional needs off-site as determined by the Utilities General Manager (excluding the Southern California Edison overhead ~' transmission lines along the south property line) concurrent with the widening of State College Boulevard and Pacifico Avenue along the project frontages. 75. That the project shall comply with all City and State fire and life safety requirements (i.e. Ordinance No. 4722 and High-Rise Ordinance 511) for commercial and high-rise structures. The project design shall also include a fire control room in each of the high-rise buildings. 74. That as required by the Fire Department, each highrise building shall have at least one side of said building capable for ladder truck access. A road or other area accessible to and capable of supporting fire equipment (up to twenty (20) tons), at least twenty (20) feet wide, must be provided no more than thirty (50) feet from the accessible side of the building. -16= CUP 3303 75. That as required by the Fire Department, all driveways under bridges and any porte-cocheres shall maintain a minimum 14 foot vertical clearance. 76. That security and design measures which employ defensible space concepts shall be utilized to the maximum extent possible during the formulation of detailed development plans. Such measures involve the design and placement of doors, windows, lighting, elevators, public accessways and parking structures. 77. That prior to issuance of each building permit, the building plans shall be reviewed and approved by the Anaheim Police and Fire Departments for security, safety, accessibility, lighting and crime prevention details. 78. That the access to the parking structure be restricted to control auto theft/tampering potential and enhance overall garage safety; and, that an in-house security force be implemented in the hotel to minimize demand for police protection services. 79. That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the Fire Department. In addition, emergency vehicle access shall be maintained during all phases of construction and at buildout to the satisfaction of the Fire Department. 80. That fire sprinklers shall be installed as required by the Fire Department, excluding open parking structures built to Uniform Building Code Section 709 requirements. 81. That fire-retardant building materials and landscaping shall be used wherever possible. 82. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. 83. That sufficient access to accommodate the maneuvers of a large refuse truck with a 45-foot turning radius shall be provided. 84. That the developer shall make provisions for separation of recyclable refuse materials. 85. That trash compaction facilities shall be provided for all structures. 86. That demolished building materials shall be recycled, where feasible, to reduce the volume of debris in local landfills, as well as to conserve resources. -17- CUP 3303 87. That for any structure which has not been constructed or any building permit for which the conditions of this Conditional Use Permit have not been met, this Conditional Use Permit will expire the later of, (i) two years from the date of approval, or (ii) 180 days from the expiration or earlier termination of Development Agreement No. 89-01 provided that the termination is not due to a default of the property owner pursuant to the terms of the Development Agreement, as -~ determined by the City of Anaheim. Extensions for further time may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 88. That the developer shall be held responsible for complying with the mitigation monitoring program adopted by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 277 that have been incorporated as conditions of approval for '~ subject project. A copy of the Mitigation Monitoring Program is attached to this Resolution and labeled Attachment "B". 89. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City 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 the City Council 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 conditions, 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of July, 1990. ATTEST/~ CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3828L 07279 -18~ CUP 3303 STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF ~AHEIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-287 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 24th day of July, 1990, by the following vote of the members thereof: AYES COUNCIL MEMBERS: Daly, Ehrle, Ka~ood, Pickler and Hunter NOES COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~D I ~RTHER certi~ that the Mayor of the City of Anaheim signed said Resolution No. 90R-287 on the 25th day of July, 1990. IN WITNESS HEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim Sis 25th day of July, 1990. CITY CLE~ OF THE CITY OF ~AHEIM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-287, duly passed and adopted by the Anaheim City Council on July 24, 1990. CITY CLERK OF THE CITY OF ANAHEIM STADIUM BUSINESS pARK PROJECT CEOA Action: EIR No. 277 - Stadium Business Park Project Descrlptlon: Project is for development of 1,874,377 total square feet and 5,37S parking spaces on 17.§9± acres consisting of 4 structures for commerclal/offlce/professional use (two 15-story buildings and two 20-story buildings), an 18-story hotel with a restaurant, and two 8-story parking structures with an attached health club. Applicant: Stadium Business Park South, a California Limited Partnership, 1901 Avenue of the Stars, Los Angeles, CA 90067 Agent: Steven Dietrich, Financial Research Group, 1299 Ocean Avenue, Suite 330, Santa Monica, CA 90401 Proiect Location: Southwest corner of Pacifico Avenue and State College Boulevard City Action: Reclassification NO. 90-91-06, Conditional Use Permit No. 3303, Development Agreement No. 89-01 and waiver of Code Requirement Resolution No.: PC90-178, PC 90-179 and PC 90-180 MITIGATION MEASUrES Responsible Agency Timln~ Measure to Monitor Completion LAND USE/PLANNING Prior to issuance of Architectural, landscape and other design features Planning Department building permit for shall satisfy all relevant development standards and any building regulations of the City of Anaheim. HYDROLOGY Ongoing during Normal wetting procedures shall be employed. Also Public Works-Engineering grading and the project shall conform to appropriate surface Dept./So. Calif. Assoc. construction runoff pollution and sediment control features of Governments (SCAG) established by the Southern California Association of Governments (SCAG) 208 policles. Prior to issuance of A grading and drainage plan shall be submitted to Public Works-Engineering a grading permit the City Engineer for review and approval. Drainage Dept. improvements will be implemented, as determined necessary by the City Engineer. Mitigation~easures Page 2 Responsible Agency Timing Measure to Monitor Completion When deemed necessary A storm drain extension from the storm drain at by City Engineer Orangewood Avenue and State College Blvd. to extend Public Works-Engineering north along State College Blvd. to Paciflco Avenue Dept. shall be financed and improved by the developer. Or, the developer shall modify on-site grading plans to incorporate an on-site detention facility (designed in conjunction with the proposed greenbelt or parking facilities) to handle the historic differences in run-off. Ongoing during Parking areas shall be maintained (through regular Public Works-Engineering construction and sweeping) to reduce the amount of pollutants and Dept. operation sediments entering the drainage system. Ongoing during Site drainage shall be disposed of in a manner Public Works-Engineering construction and satisfactory to the City Engineer and Regional Dept./Regional Water operation Water Quality Control Board (RWQCB). Quality Control Board (RWQCB) AIR OUALITY Ongoing during Grading shall be restricted on exceedingly windy days Public Works-Engineering grading when dust is likely to be carried off-site. Dept. Upon completion of Graded areas shall be revegetated as soon as Public Works-Engineering grading practical after grading to reduce dust. Dept. Ongoing during Construction equipment shall be tuned to operate in Public Works-Engineering construction good condition. Dept. ' ~ Responsible A ~ Timing Measure to Monitor Completion As required by the A Transportation System Management (TSM) plan shall Public Works-Engineering South Coast Air Quality include, but not be limited to, the following: Dept./Planning Dept./ Management District AQMD .(AQMD) - Provide an on-site, full-tlme, qualified ride-share coordinator when more than 450,000 square feet of office space has been constructed. However, in the event that more than 80% of the employees are served by employer-provided services of a ride-share coordinator or ride-share coordinator services, an on-site coordinator shall not be required. Alternate met_hods of providing such services, such as a shared coordinator with adjacent projects, may be used with the approval of the City Traffic Engineer. - Encourage van pooling by maintenance of a minimum vertical clearance in the parking garages of 7'2" in all of the aisles and 80% of the spaces. Encourage employers to subsidize van pools. - Encourage tenants to provide incentives for employees to ride-share including preferential parking, subsidized parking fees and provide each new employee with information on ride-share, van pool, public transportation and alternate transportation opportunities. - Encourage use of public transit by providing a bus turnout on State College Boulevard, bus shelter, walkways to access the bus shelter and distribution of public transit schedules. Encourage tenants to subsidize the cost of employee's public transportation costs as an alternate to subsidized parking. AS required by the The Transportation Demand Management (TDM) plan shall Public Works-Engineering South Coast Air Quality comply with Regulation XV of the South Coast Air Dept./AQMD/ Management District Quality Management District (SCAQMD). Planning Department/ (AQ~D) MitlgationMeasures Page 4 Responsible Agency Timin~ Measure to Monitor Completion NOISE During grading and Demolition, surface grading and excavation activities Public Works-Engineering construction shall he accomplished within a schedule that Dept./Planning Dept. minimizes the actual number of days that these activities will occur. Prior to final Pro~ect structures shall be acoustically attenuated Planning Department building and zoning to reduce interior noise to the recommended levels inspections for the specific uses; i.e. 45 dBA for guest rooms, conference areas and private offices, 50 dBA for general office/reception and clerical areas, and 55 dBA for lobbies, retail stores and restaurants. Prior to final Noise generating operation equipment (i.e. air Planning Department building and zoning conditioning, electrical transformer, etc.) shall be inspections acoustically enclosed. TRAFFIC AND CIRCULATION The intersection improvements listed below shall be Public Works-Engineering implemented with the related phases. Dept./Planning Dept. Phase I* ....... At first building permit Applicant shall provide $316,875 toward the in Phase I pro~ect's obligation for one-eighth of cost for total intersection improvement per Critical Intersection Standards. - State College Boulevard adjacent to site: Widen to provide for additional lanes. - At State ColleGe Boulevard & 0rangewood Avenue: Applicant shall provide $475,312 toward the pro~ect's obligation of three sixteenth of cost for total intersection improvement per Critical Intersection Standards. *All intersections shall be constructed to the City of Anaheim Critical Intersection Standard Detail No. 138. **Improvements previously identified and reco~nended for Koll Center Orange, Hanover and State College Plaza developments. , ~asures Responsible Ag( ~ Page 5 Timing Measure to Monitor Completion Prior to issnance of - Pacifico Avenue adjacent to site: Pacifico Avenue Public Works-Engineering Certificate of shall be striped with a continnous left-turn lane. Dept./Planning Dept. Occnpancy for the first building in Phase I Phase II* Improvements shall be - At State College Boulevard & Ball Road: Convert Public Works-Engineering completed prior to northbound and southbound right-turn only lanes to Dept./Planning Dept. issuance of a optional through/right-turn lanes. Certificate of - At State College Boulevard & Katella Avenue: Occupancy for the Convert eastbound and westhound right-turn only first building in lanes to optional through/right-turn lanes. Phase II - At State College Boulevard & Orangewood Avenue: Add an additional northbound and southbound through lane and eastbound free right-turn lane. - Pacifico Avenue adjacent to site: Widen to provide for additional lanes, and signalize westernmost driveway when warrants exist per State guidelines. Improvement completed The major access point on Pacifico Avenue shall be Public Works-Engineering prior to the issuance signalized (when State guidelines are met) with dual Dept./Planning Dept. of a Certificate of westbound left-turn lanes, eastbound right and Occupancy for the 1st optional through or right-turn lanes and three building in Phase II iubound and outbound lanes. This access shall align with the major access driveway of the Hanover/Katella Office Park project to the north, as shown on the Final EIR for the Hanover/Katella Office Park project, approximately 1,182 feet west of the State College Boulevard centerline. The signals on Pacifico Avenue and State College Boulevard shall be interconnected to the City's computerized system and installed as per the City Traffic Engineer. *All intersections shall be constructed to the City of Anaheim Critical Intersection Standard Detail No. 138. MitigatlonMeasures Page 5 Responsible Agency Timlnq Measure to Monitor Completion During construction The appllcant shall maintain adequate on-site parking Public Works-Engineering availability to accommodate parking demands imposed Dept./Planning Dept. by site users, in accordance with parking requirements estublished by the City of Anaheim in effect at the time building permits were issued for those prior phases of the project. These parking requirements shall only be reguired for those site tenants who will occupy the project during the period of construction. Prior to issuance of A joint access with the State College Plaza project Public Works-Engineering Certificate of shall be developed on State College Boulevard at the Dept./Planning Dept. Occupancy for the 1st southerly property line, approximately 650 feet south building in Phase I of Pacifico Avenue and signalized when warrants exist per State Guidelines to allow left-turn ingress and right-turn egress only. Prior to issuance of A median shall be installed On State College Boulevard Public Works-Engineering a Certificate of between Orangewood Avenue and Pacifico Avenue to Dept./Planning Dept. Occupancy for the 1st provide only this left turn access. The applicant building in Phase I shall be responsible for the construction of this median island from Pacifico Avenue to 0rangewood Improvement completed A far side bus turnout shall be constructed on the Public Works-Engineering prior to issuance of west side of Pacifico Avenue/State College Boulevard Dept./Planning Dept. Certificate of per the specification of Orange County Transit 0CTD Occupancy for the 1st District (0CTD) in conformance with the City's Public building in Phase I Works Engineering Department Critical Intersection Standard (dated February 4, 19S8). · *ashres Responsible Ag~" ( Page Timin~ Measure to Monitor Completion Prior to construction Construction of Phase III shall not proceed unless Public Works-Engineering of Phase III the Pacified Avenue overcrossing and I-5 inter- Dept./Planning Dept. change improvements are constructed. Alternatively, the developer shall pay for a traffic study that shall be a~ministered and approved by the City Traffic Engineer that identifies if Phase III development may proceed without the Pacified Avenue overcrossing and I-5 interchange improvements. If said study indicates Phase III development may proceed without the Pacifico Avenue evercrossing and I-5 interchange improvements the study shall further idengify any additional mitigation measures necessary to maintain an acceptable level of service "D" for the construction of Phase III. Prior to the issuance A traffic impact study shall be performed for the Public Works-Engineering of building permits purpose of identifying mitigation measures, as Dept./Planning Dept. for Phase III appropriate, to address traffic related impacts activities associated with Phase III activities. The City shall commission the traffic study, the applicant shall pay for the study, and the study's findings shall be binding as a condition of Phase III approvals on the applicant. Prior to the issuance A traffic study shall be performed to determine if Public Works-Engineering of a building permit the solid median on Pacifico Avenue is required. Dept./Planning Dept. for the first building Said study shall be paid for by the developer, in Phase II administered by the City Traffic Engineer, and the conditions shall be binding on the applicant. Improvements completed A median on Pacified Avenue from State College Public Works-Engineering prior to issuance of Boulevard to 1,182 feet west of the centerline of Dept./Planning Dept. Certificate of State College Boulevard shall be installed to Occupancy for the 1st provide left-turn ingress only at the main access building in Phase II point on Pacified Avenue. ~{itlgationMeasures Page 8 Timinq Measure Responsible Agency to Monitor Completion Improvements completed Pacifico Avenue shall be widened to accormaodate dual Public Works-Engineering prior to issuance of westbound left-turn lanes provided for ingress at the Dept./Planning Dept. a Certificate of major access point on Pacifico Avenue, eastbound · Occupancy for the 1st right and optional through or right-turn lanes and building in Phase II three inbound and outbound lanes. Prior to issuance of The developer shall pay for and the City shall Public Works-Engineering a building permit for commission a traffic and transportation study to Dept./Planning Dept. the Hotel/Restaurant determine what impacts the Hotel/Restaurant will have on the infrastructure and transportation system as it exists prior to the commencement of any portion of the facility; and, to determine what mitigation measures will be required to be provided by the developer to maintain an acceptable Level of Service D and traffic safety adjacent to the subject property prior to proceeding with the development of the Hotel/Restaurant. ENERGY CONSERVATION Prior to issuance of Adherence to Title 24 will reduce the energy Planning Department each building permit requirements to heat or cool on-site uses. The applicant may also utilize options in the design of the project to improve U-factors and further reduce the total on-site energy consumption. Prior to issuance of The project applicant should consider the Planning Department each building permit incorporation of energy conservation features (i.e. passive solar design, thermal insulating, efficient mechanical systems, etc.) during the project's design stage. Prior to issuance of As part of project design, installation of solar Planning Department each building permit energy systems should be considered where technically and economically feasible. Prior to issuance of Project design shall incorporate thermal panes or low Planning Department each building permit shading coefficients. Timing Measure to Monitor Completion FIRE PROTECTION Prior to issuance of The project applicant shall pay an interim Planning Department each building permit development fee pursuant to Chapter 17.30 of Title 17 of the Anaheim Municipal Code as established by the City to offset the costs of new fire service facilities to be established in the area. Ongoing throughout The project shall comply with all City and State Fire Fire Department/ project design/ and Life Safety requirements, i.e. Ordinance 4722 and Planning Department construction/operation High-Rise Ordinance 311. Prior to issuance of The City Fire Marshal shall review all final design Fire Department building permits plans for accessibility of emergency fire equipment, fire hydrant location and other construction features. Prior to issuance of Fire retardant materials and landscaping shall be Fire Department/ building permits used wherever possible. An indoor sprinkler system Planning Department shall be incorporated as well as a fire control room for each building. Prior to issuance of The water system shall be designed to provide 4,000 Fire Department/Water first building permit gallons per minute at the project site with a reserve Department/Planning capacity of 2,000 gallons per minute at a separate Department location. Prior to final building Each high rise building shall have at least one side Fire Department/ and zoning inspections of the building which would be capable of being Planning Department laddered by an Anaheim Fire Department ladder truck. Prior to final building All driveways under bridges and any porte-cochere Fire Department/ and zoning inspections shall maintain a minimum of fourteen (14) feet Planning Department vertical clearance. Prior to commencement On-site fire hydrants shall be installed and charged Fire Department/ of structural framing as required and approved by the Anaheim Fire Planning Department Department. MitiqatlonMeasures Page 10 Responsible Agency T.imin~ Measure to Monitor Completion Ongoing during project Emergency vehicle access shall be maintained during Fire Department/ life all phases of construction and at buildout, to the Planning Department satisfaction of the Fire Department. POLICE PROTECTION Prior to issuance of Project incorporation of crime prevention design Police Department building permits measures, i.e. defensible space concepts), and provide all final design plans to the Police Department for review. Prior to issuance of Restrict access to the parking structure to control Police Department/ building permits auto theft/tampering and enhance overall garage Planning Department safety. Ongoing during The hotel shall employ in-house security forces to Police Department/ operation minimize demand for police protection services and an Planning Department in-house security staff shall patrol the parking areas. ELECTRICITY Prior to issuance of The developer shall incorporate the following Public Utilities Dept./ building permits mitigation measures into the project design: (a) Planning Department implementation of the California Energy Commission conservation measures recommended for co~erclal structures; (b) design of all structures should be in accordance with Title 24 of the California Administrative Code; (c) consideration should be given to the utilization of solar water heating to supplement water heating requirements. Prior to issuance of The developer shall be responsible for construction Public Utilities Dept. building permits of street lighting, underground facilities, or other on-site structures or along adjacent frontages as required by the City. ~imin~ ~easure to Monitor Completion NATURAL GAS Prior to issuance of The developer shall incorporate all required energy Planning Department/ building permits conservation measures (in accordance with Title 24 of So. Calif. Gas Co. the California Administrative Code relating to the California Energy Commission Conservation Measures) as well as employ optional features as is feasible. Prior to issuance of The developer will coordinate with the gas company to Plan~{ng Department/ each building permit ensure adequate service is provided in a timely So. Calif. Gas Co. in any phase manner. WATER SERVICE Prior to final building The following water conservation features shall be Planning Department/ and zoning inspections incorporated as is feasible: Public Utilities Dept. - Utilize automatically-operated landscaping irrigation systems programmed to restrict watering to early morning or evening hours to reduce evaporation losses. - Plumbing fixtures to reduce water usage and loss should be utilized (i.e., low-volume toilet tanks, flow control devices for faucets, etc.) in accordance with Title 24 of the California Administrative Code. -The use of drought-tolerant plant species and drip irrigation systems should be considered. As determined by Public The applicant shall be required to participate in a Planning Department/ Utilities General fee program or similar funding mechanism to offset Public Utilities Dept. Manager project's contribution toward the need to areawide water system improvements. Prior to final building Water System improvements shall be in compliance with Public Utilities Dept. and zoning inspections plans and specifications approved by the General Manager, Public Utilities Department, or his designated representative. Payment of fees and reimbursement of advances, if required, shall be in the manner set forth in the then prevailing Rates, Rules and Regulations of the Water Utility. M~tlgatlonMeasures Page 12 Responsible Agency Timin~ Measure to Monitor Completion Prior to issuance of The City will require the project applicant to pay Publlc Utilities Dept./ any building permit for any water system improvements necessitated by the Planning Department proposed project. All costs in excess of the gross floor area fee may be subject to reimbursement by other developers benefitting from such improvements. Prior to issuance of The project applicant shall pay a one-time Public Utillties Dept./ any building permit non-reoccurring primary main acreage fee at the Planning Department prevaillng rate as provided for in Rule 15 Of the Water Utility's Rates, Rules and Regulations. Prior to issuance of The project applicant may be required to participate Public Utilities Dept./ the 1st building permit in the attainment of a well site and access easement Planning Department to mitigate production deficiencies. The well site should be located among compatible uses and implemented so that potential negative impacts are minimized. Prior to flnal building The on-site water system improvements includlng Public Utilities Dept./ and zoning inspections secondary mains, fire hydrants, meters and back-flow Planning Department prevention devices, if required, shall be installed at the developer's expense and in conformance with -~--- and -~ -~:~ ~^ ~ approved the General Manager, Public Utilities Department, City of Anaheim, or his designated representative. SANITARY SEWERS/WASTE WATER TREATMENT Prior to issuance of The applicant shall finance and construct a new sewer Public Works-Engineering building permits line connection leading to Orange County Sanitation Dept./Planning Dept. Districts (OCSD) 4Z-inch line in State College OCSD Boulevard. Prior to issuance of The applicant shall be required to pay an interim Public Works-Engineering each building permit development fee (Chapter 17.30 of Title 17 of the Dept./Planning Dept. Anaheim Municipal Cede) to offset the project's contribution toward areawide sewer/wastewater facility improvements. ) Timing Measure to Monitor Comnletion SOLID WASTE During demolishing Demolished building materials shall be recycled to Maintenance Department/ activities reduce the volume of debris in local landfills, as Planning Department well as to conserve resources. Prior to final building On-site mitigation to reduce the overall volume of Maintenance Department/ and zoning inspections waste shall include: Planning Department - Trash separation and recycling programs; and - Trash compaction facilities in all buildings. Prior to final building Trash collection areas shall be designed with Maintenance Department/ and zoning inspections adequate access and shall be screened from public Planning Department view. 2860p