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RES-2009-059RESOLUTION NO. 2009 -059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING FINAL SITE PLAN NO. 2008- 00004. WHEREAS, the Anaheim City Planning Commission (hereinafter the "Planning Commission did receive a verified Petition for the approval of a final site plan, designated as Final Site Plan No. 2008 00004, to construct a new nine -story, 252 -room hotel with 75,593 square feet of accessory uses, for that certain real property generally located at 1820 South Harbor Boulevard, Anaheim, California, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter the "application and WHEREAS, Final Site Plan No. 2008 -00004 is proposed in conjunction with General Plan Amendment No. 2008 00470; Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008-00055); Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009 00297); Conditional Use Permit No. 2009 05403; Variance No. 2008 04761; and Determination of Public Convenience and Necessity No. 2009 -00056 (hereinafter the "Discretionary Actions and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on March 2, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against the proposed Discretionary Actions, including Final Site Plan No. 2008 00004, and, at said hearing, did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, the Planning Commission has reviewed the Discretionary Actions and did find and determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment: and WHEREAS, said Planning 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. PC2009 -040 approving Final Site Plan No. 2008-00004: and WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim City Council review the Planning Commission's action approving Final Site Plan No. 2008 -00004 at a duly noticed public hearing; and 1 WHEREAS, thereafter, the City Council did set Final Site Plan No. 2008 -00004 for a de novo hearing, which public hearing was duly noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1 That the request to construct a 252 -room hotel with 75,593 square feet of accessory uses, including supporting retail, spa, nightclub, lounges, restaurants, conference /meeting rooms and hotel offices complies with the Anaheim Resort Specific Plan No. 92 -2 (SP92 -2), as proposed for amendment in conjunction with General Plan Amendment No. 2008 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055); Conditional Use Permit No. 2009 05403; Variance No 2008- 04761; and Final Site Plan No. 2008- 00004, now pending. 2 That the proposed 252 -room hotel with 75,593 square feet of accessory uses will be compatible with hotels within the Anaheim Resort Specific Plan. Moreover, the project has been designed to have an attractive appearance from both Harbor Boulevard and Katella Avenue to preserve and enhance The Anaheim Resort. WHEREAS, the City Council, as lead agency for purposes of the California Environmental Quality Act, having reviewed the Discretionary Actions, does hereby find and determine that the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Anaheim does hereby approve Final Site Plan No. 2008 -00004 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite 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 that the Anaheim City Planning Commission does Hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction. then this Resolution. and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that this application is granted subject to the approval by the City Council of General Plan Amendment No. 2008- 00470, Amendment No. 13 to the Anaheim Resort Specific Plan (SPN2008- 00055), Amendment No. 4 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2009- 00297), Conditional Use Permit No. 20094)5403 and Variance No. 2008 04761, now pending. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of March 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Pringle, Council Members Hernandez, Sidhu, Kring Council Member Galloway NONE NONE Ar RK OF THE CITY OF NAHEIM 72426. v l /M Gordon CITY OF ANAHEIM B AHEIM EXHIBIT "A" FINAL SITE PLAN NO. 2008 -00004 N KATELLA AVE 540' 550' N Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10715 4 EXHIBIT "B" FINAL SITE PLAN NO. 2008-00004 NO 1 ToolS OF AP V NC TE: Mitigation 1 Ieasures "MM Project Design Features ("PDF') and Standard Conditions "SC fromMitigation r nitoring'Program No. 156 are incorporated into these conditions o f approval and are identified by the mitigation me sure number PONSLBLE 1IT[l[►1 below applicable condition numbers.) P R TO ISSUANCE OF BUILDING PERMITS 1 The applicant /developer shall install, bond for, or otherwise secure on -site electrical facilities in accordance with the City of Anaheim Public utility Electric Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department. Electrical Engineering i t 2 The applicant /developer shall submit plans which detail the lighting system for any parking facilities adjacent to light- sensitive uses. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed Electrical Engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. (1 -PDF 1 -1) Planning 3 The applicant /developer shall submit plans which illustrate that all mechanical equipment and trash areas for the subject building(s) will be screened from adjacent public streets. Screening shall be installed i prior to final building and zoning inspection. (3 -MM 3.11 -1) Planning j! !I ii I I 4 The applicant /developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscape and irrigation plans shall include water- conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, ram sensors, soil Planning/ Resource Efficiency EXHIBIT "B" FINAL SITE PLAN NO. 2008-00004 moisture sensors, and other water conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, once a system is available. The landscape and irrigation plans shall be reviewed by the Anaheim Resort Maintenance District. (4 -MM 3.11 -2) I conclusions I shade 1 i I and II if 5 The applicant /developer submitted a preliminary shade /shadow study for this project which demonstrated that the project would not create any shade /shadow impacts. Construction plans shall conform to the of that study or further analysis may be necessary to demonstrate that the proposed structure would not create significant and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., i eating areas along Harbor Boulevard, hotel /motel swimming pools, residential front and back yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and /or shadow impacts would occur and the building setback, architectural massing and landscape requirement provisions set forth in Section 5.0, Design Plan of the Anaheim Resort Specific Plan, do not function as feasible mitigation measures, additional technical review of the structure(s) will be required. (5 -MM 3.11 -3) Planning 1 l i if 6 The applicant/developer shall submit evidence that low emission paints and coatings are utilized in the design of buildings, in compliance with SCAQMD regulations. This information shall be denoted on the project plans and specifications. The applicant /developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non solvent -based coatings on buildings, wherever appropriate. b. Use solvent -based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high solid or water -based coatings. (8 -MM 3.4 -2) Building j j -r The applicant /developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT 1 for any new or modified stationary source. Copies of permits shall be given to the Planning Department. (11 -MM 3.4 -5) Planning li 8 1 The applicant/developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation- related air quality impacts. These measures may include, but are not limited to, the following: g: 1. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. Resource Efficiency 2. Incorporate efficient heating and other appliances. 3. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. 4. Use drought resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. 5. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. (12 -MM 3.4 -6) Implementation of energy conservation techniques (i.e., installation of energy saving devices, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or double -paned windows. utilization of light- colored roofing materials as opposed to dark- colored roofing materials, and placement of shady trees next to habitable structures) shall be indicated on plans. (13 -New MM) 10 The following summary of mitigation measures to be incorporated into the design and /or operation of the Anaheim Hotel is based on the Table CC -1, Attorney General' Recommended Project -Level Mitigation Measures Energy Efficiency GCC -1 -1: Design buildings to be energy efficient. Site buildings to take advantage of shade. prevailing winds, landscaping and sun screens to reduce energy use. GCC -1 -2: Install efficient lighting and lighting control systems. Use daylight as an integral part of lighting systems in buildings. GCC -1 -5: Install energy efficient heating and cooling systems, appliances and equipment, and control systems. GCC -1 -8: Use solar heating, automatic covers, and efficient pumps and motors for pools and spas. GGC -1 -9: Provide education on energy efficiency. Renewable Energy GCC -1 -20. Implement low- impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on -site can drastically reduce the need for energy- intensive imported water at the site.) GCC -1 -22. Provide education about water conservation and available programs and incentives GCC -1 -23 Reuse and recycle construction and demolition waste (including. but not limited to. soil. vegetation, concrete, lumber, metal, and cardboard). GCC -1 -26: Provide education and publicity about reducing waste and available recycling services. Building Resource Efficiency Planning Traffic and Transportation Land Use Measures GCC -1 -27: Include mixed -use, infill, and higher density in development projects to support the reduction of vehicle trips, promote alternatives to individual vehicle travel, and promote efficient delivery of services and goods. GCC -1 -31: Develop "brownfields" and other underused or defunct properties near existing public transportation and jobs. Transportation and Motor Vehicles GCC -1 -39: Increase the cost of driving and parking private vehicles by, e.g., imposing tolls and parking fees. Fees will be charged for on -site parking. GCC -1 -41: Provide shuttle service to public transit. The project will provide a stop and load/unload area for the shuttle which currently serves the resort district. GCC -1 -42: Provide public transit incentives such as free or low -cost monthly transit passes. GCC -1 -46: For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking. Secure bicycle storage for employees will be provided in the basement adjacent to the primary staff entry and Back -of -House areas. 15 -New MM) i 11 The applicant /developer shall submit plans showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the 2007 California Building Code (Uniform Building Code) as adopted by the City of Anaheim. (19 -MM VI -1) Building 12 The applicant/developer shall submit for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. (21 -MM VI-3) Building 13 The applicant /developer shall submit a report prepared by a geotechnical engineer for review and approval which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. (22 -MM VI -4) Building 14 The property owner shall ensure the provision of an 8- foot -high temporary construction noise barrier on or adjacent to the section of Building the eastern property line adjacent to the Islander Inn Suites swimming pool. The barrier shall be solid from the ground to the top, with no openings. and shall have a weight of at least three pounds per square foot, such as half -inch thick plywood. (40- Additional MM) (In compliance with MM XI -2) 1.5 Plans shall include a note that noise generated by construction activity shall be limited by the applicant /developer to 60 dBA along the property boundaries, before 7:00 a.m. and after 7:00 p.m., as governed by Chapter 6.70. Sound Pressure Levels, of the Anaheim Municipal Code. (35 -MM 3.5 -1) Planning Code Enforcement Building (verification of notes on plans) 16 The applicant /developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with the Sound Pressure Levels Ordinance. (38 -MM 3.5 -4) Planning, Building 17 The water supply system shall be designed by the applicant /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. (41 -New MM) Fire 1 8 Onsite fire hydrants shall be installed and charged by the applicant /developer as required and approved by the Fire Department. (42- XIII -2) Fire 19 Plans shall indicate that all buildings shall have sprinklers installed by the applicant /developer in accordance with Anaheim Municipal Code. Said sprinklers shall be installed prior to final building and zoning inspections. 44- XIII -4 Fire 20 Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: A. Overhead clearance shall not be less than 14 feet for the full width of access drives. B. Adequate off -site public fire hydrants and onsite private fire hydrants shall be provided by the applicant/developer. The precise number. types and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. C. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1.000 to 1.500 gpm. (45- XIII -5) Fire 21 The applicantideveloper shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment. fire hydrant location, and any other construction features required by the Fire Marshal. The applicant/developer shall be responsible for securing facilities acceptable to the Fire Depainuent and hydrants shall be operational with required fire flow. (46-XIII-6) Fire 22 The applicant /developer shall submit plans to the Police Department for review and approval for the purpose of incorporating safety Police T measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). (48- XIII -9) 23 The project design shall include parking lots with controlled access points to limit ingress and egress if determined to be necessary by the Police Depailuient, and shall be subject to the review and approval of the Police Department (50- XIII -11) Police 24 The applicant/developer shall provide proof of compliance with Government Code Section 53080 (schools) to the Building Division of the Planning Department. (51- XIII -12) Building F- 25 Appropriate Traffic Signal Assessment Fees and Traffic Impact and Improvement Fees shall be paid by the applicant /developer to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the applicant /developer; and, participate in all applicable reimbursement or benefit districts which have been established. (52 -MM 3.3 -2) Building (fee payment); Traffic and Transportation (credits /districts) 26 The applicant /developer shall irrevocably offer for dedication (with subordination of easements). including necessary construction easements. the ultimate right(s) -of -way as shown in the Circulation Element of the Anaheim General Plan for the widening of Katella and Harbor Avenue. (53 -MM 3.3 -3) Public Works Development Services 27 Street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Depai tment, Development Services Division for review and approval. These plans will show both sides of all streets adjacent to the propert including all existing driveways and utility installations, signing and striping. A bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage. striping, and median islands as required for said project. All improvements shall be installed and completed prior to the first final building and zoning inspection. Public Works Development Services 28 Plans shall specifically indicate that all vehicular ramps and grades conform to all applicable Engineering Standards. Traffic and Transportation 29 Plans for the parking structure shall demonstrate that at -grade ducts and overhead pipes shall not encroach in the parking space areas or required vehicle clearance areas. Traffic and Transportation 30 Plans shall demonstrate that fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. Traffic and Transportation 31 The applicant /developer shall abandon any existing City of Anaheim Public Utilities easements conflicting with building footprints. Public Works Development Services 33 32 A lot line adjustment shall be submitted to the Public Works Department, Development Services Division to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the Orange County Recorder. A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right -of -way. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. 34 The recordation of a Save Harmless in -lieu of Encroachment Agreement is required for any private storm drams connecting to a City storm dram. 35 The existing middle driveway approach on Harbor Blvd shall be removed and replace with curb, gutter, parkway landscaping and sidewalk. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Public Works Department/Development Services for all work performed in the right -of- way. The improvements shall be constructed prior to final building and zoning inspections. 36 The applicant /developer shall fully fund the implementation of Intelligent Transportation Systems (ITS) improvements at and adjacent to the intersection of Harbor Boulevard and Katella Avenue. The specific improvements to be implemented shall be: 1) a CCTV installation at the Harbor Boulevard/ Convention Way intersection; 2) performance monitoring station and detection to provide a permanent traffic count station at the Harbor Boulevard/ Katella Avenue intersection; and 3) ATC controller and ITS cabinet with hardened Ethernet communications to cabinet at the Harbor Boulevard/ Katella Avenue intersection. Implementation of these improvements shall be to the satisfaction of the City Engineer. (55- MM XV -1) 37 The applicant/developer shall coordinate with all utility providers to ensure avoidance of any notable service disruptions during the extension, relocation. upgrading of, or connection to services. (58- PDF XVI-1 38 The applicant /developer shall provide proof of participation in the Anaheim Transportation Network (ATN) once the project is in operation Ongoing during project operations. every property owner and/or lessee shall be a voting member of the ATN, subject to the terms and provisions of the by -laws and association rules of the ATN. Every property owner and /or lessee shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. Public Works Development Services Public Works Development Services Public Works Development Services Public Works Development Services Traffic and Transportation Building Traffic and Transportation Ii 39 it ii it Provide a menu of commute alternatives for employees to reduce project- generated trips. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. Every property owner and /or lessee shall designate an on -site contact who shall be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the project with the ATN. The requirements of the mitigation measure shall be included in the lease or other agreement with all of the project participants. Documentation indicating compliance with this mitigation measure shall be included in the annual monitoring report ongoing during project operation. (57 -MM XV -3) 40 r Every property owner and/or lessee shall financially participate in the operation of a clean fuel shuttle system, and pursue its use for employee transportation, aka Anaheim Resort Transit. (56 -MM XV -2) The applicant /developer shall provide a plan for implementation and administration of a comprehensive Transportation Demand Management (TDM) program for all employees. Objectives of the TDM program shall be: Increase ridesharing and use of alternative transportation modes by employees and guests. Water: The project shall be subject to the fees, terms and conditions of the Anaheim Resort Area Water Supply Assessment (currently under preparation). the APUD Water Rates, Rules and Regulations. The developer /owner will be required to pay a share of the cost of the additional water supply, based on a percentage of the average day water demand imposed by the proposed development compared to the capacity of a future water supply facility (e.g. well, MWD connection). The developer /owner will be required to pay fees in accordance with APUD's Water Rates. Rules, and Regulations. Part 15E. All new water connections shall be installed and constructed in accordance with the latest version of Anaheim Water Services Standard Specifications and the applicable Supplements. The quantities of water delivered to the applicant /developer shall also be subject to the requirements of the Orange County Water District and the Metropolitan Water District of Southern California. (59 -SC XVI- 1 41 The applicant /developer shall submit project plans to the Maintenance Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, Traffic and Transportation Water Engineering Streets and Sanitation as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: A. Detailing the location and design of on -site recycling facilities. B. Providing on -site recycling receptacles to encourage recycling. C. Complying with all Federal, State and City regulation for hazardous material disposal. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the applicant /developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. Providing trash compactors for non recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. Prohibiting curbside pick -up. (MMP No. 0085 MM 3.9.3 -1, MMP No. 0085a MM 9 -1) (60 -MM XVI -3) 4 The applicant /developer shall submit plans showing that each structure will comply with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations); and, will consult with the City of Anaheim Utilities Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. 62 (MM XVI -5) 43 The applicant /developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates. Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (64 -MM XVI -7) Resource Efficiency Electrical Engineering 44 The applicant /developer shall demonstrate on plans that fuel efficient models of gas powered building equipment have been incorporated into the project, to the extent feasible. (66 -MM XVI -9) Building 45 The applicant /developer shall submit plans showing that each structure will comply with the State Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations); and, will consult with the City of Anaheim Utilities Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. (69 -MM XVI -13) Building 46 The applicant/developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates. Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (71- MMXVI -15) Electrical Engineering 47 The applicant /developer shall submit evidence that the transformers are PCB free. (72- MMXVI -1 6) Electrical Engineering 48 49 The applicant /developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Depaitment Service Programs. Fire The applicant /developer shall coordinate with the Electrical Engineering Division to ensure that there will be no conflicts with the underground electrical systems and to establish electrical service requirements and obtain electrical distribution plans. Electrical Engineering 50 Plans shall indicate that above ground utility devices are located on private property and outside any required setback areas unless otherwise allowed by the Code. The above ground utility devices shall be specifically shown on construction plans in locations substantially in accordance with the approved Final Site Plan. Landscape andior hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. Electrical Engineering 51 The applicant /developer shall coordinate its service requirements and relocation issues with the City of Anaheim Public Utilities Department and the other utility companies involved. Electrical Engineering 52 Building plans shall show that the property shall be served with underground utilities per the Electrical Rates, Rules, and Regulations, and the City of Anaheim Underground Policy, with installation prior to the first final building and zoning inspection. Electrical Engineering 53 The applicant /developer shall demonstrate in the building /design plans that efficient lighting and lighting control systems will be utilized in the building structure. In addition. the plans will utilize Resource Efficiency natural light /daylight as an integral part of lighting systems in the buildings. (GCC -1 -2) 54 The applicant/developer shall demonstrate that light colored "cool" roofs, cool pavements, and strategically placed shade trees will be incorporated into the building plans. In addition, the applicant /developer shall also demonstrate that the hotel roofs will be comprised of "cool roof" materials with SRI meeting LEED criteria. (GCC -1 -3) Resource Efficiency 55 The applicant /developer shall demonstrate that solar power/heating, (including automatic covers, and efficient pumps and motors for pools and spas) will be utilized for the proposed pool and filter. (GCC -1 -8) Resource Efficiency 56 The applicant /developer shall submit irrigation and detailed landscape plans that utilize efficient landscape materials and water- efficient irrigation systems and devices, such as soil moisture -based irrigation controls for review and approval. (GCC -1 -13, GCC -1 -14) Resource Efficiency 57 The applicant /developer shall be responsible for demonstrating that the irrigation systems will be high efficiency with minimum spray type delivery carefully planned and adjusted to apply water only to vegetated areas and to limit over spray. (GCC -1 -18- GCC -1 -30) Resource Efficiency 58 The applicant /developer shall demonstrate that they have incorporated public transit into the project design including a loading and staging area for tour busses and the local tourist shuttle as shown on the final site plan. (GCC -1 -29) Traffic and Transportation 59 The applicant /developer shall incorporate the following energy saving practices into building plans. The applicant /developer shall implement. to the extent feasible, these energy saving practices, in compliance with Title 10 of the Anaheim Municipal Code, prior to final building and zoning inspection: a. Consultation with the Public Utilities Department energy conservation experts for assistance with energy conservation design features. b. Use of electric motors designed to conserve energy. c. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. d. Use of T8 lamps and electronic ballasts. Metal halide or high pressure sodium for outdoor lighting. Electrical Engineering 60 Prior to issuance of the first final site plan, the project applicant /developer shall provide fair -share funding (as identified in the project traffic study) for following improvements: Manchester Avenue/ 1 -5 Southbound Ramps at Katella Avenue: Modify the existing traffic signal and install a northbound right turn overlap phase with the westbound left-turn phase. Re -stripe 63 the northbound approach to have one left -turn lane and two right turn lanes. Anaheim Boulevard at Disney Way/ Manchester Avenue/ I -5 Southbound Ramps: Re -stripe the eastbound shared left through turn lane on Disney Way to a through lane. Modify the traffic signal to remove the split -phase in the east /west direction and provide a protected left -turn in the eastbound direction. This shall restore the eastbound and westbound approaches and phasing to existing conditions. 61 The applicant /developer shall demonstrate to the satisfaction of the City Planning Director or his/her designee, that that the LED display does not cause any significant off -site lighting spillage on the adjacent property to the south and the west. If the City Planning Director or his/her designee determines there is an impact, the applicant/developer shall be required to comply with mitigations listed below. or with equivalent mitigation, to mitigate the impact: 1. The applicant/developer may be required to dim the output of the LED display. either automatically (photovoltaic sensor) or manually, to ensure no off -site lighting spillage; and/or 2. The applicantideveloper may be required to adjust the angle of the LED display in a different direction since most modern display modules are designed with louver -like dividers between the rows of LEDs that help focus the light emissions to the intended viewers and/or: 3. The applicantideveloper may be required to apply lighting shields to limit off -site spillage to adjacent properties; The LED structure will be required to be affixed to the building in a manner that is acceptable to the Planning Department, Building Division. Structural/building plans will be required to be reviewed and approved by the City Building Official and the Planning Director will review the final location for the LED display. Operation of the LED display will not be permitted until the City Planning Director and the Building Official grants final approval and completes inspection of the structure. (2 -New MM) 62 The applicant /developer shall participate in the Anaheim Assessment District for landscape installation and maintenance. (6 -MM 3.11 -4) The applicant/developer shall submit an earthquake emergency response plan for review and approval. The plan shall require posted notices in hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff (24 -MM 3.6-5) The applicant /developer shall submit a letter from a licensed L andscape architect to the City certifying that the landscape Planning Building Planning Fire Planning installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (32 -MM VIII -4) 65 The applicant /developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. (47- XIII -8) Fire 1 I j i 66 The applicant /developer shall implement energy saving practices in compliance with Title 24. which may include the following: Use of high efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100- percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. Use of electric motors designed to conserve energy. Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. Use of T8 lamps and electronic ballasts. Metal halide or high pressure sodium for outdoor lighting and parking lots. (63 -MM XVI -6 i Resource Efficiency 67 The Southern California Gas Company has developed several programs which are intended to assist in the selection of the most energy- efficient water heaters and furnaces. The applicant /developer shall implement a program to reduce the demand on natural gas supplies. (65 -MM XVI -8) Southern California Gas Company 68 A study of area television reception shall be undertaken by the applicant/developer and submitted to the City Engineer for review and approval. If the City Engineer determines that the proposed project creates a significant impact on broadcast television reception at local residences and other existing hotels /restaurants or other businesses, the applicant /developer shall immediately install a signal booster or relay system on the roof of the tallest project building to restore television reception to its original condition. In no event shall heights set forth in Section 18.04.035 of the Anaheim Municipal Code entitled. "Structural Height Limitations Anaheim Commercial Recreation Area" be exceeded. (67 -MM XVI -10) Public Works Development Services 69 The applicant shall Demonstrate that all structural BMPs described in the Project Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. Public Works Development Services 70 The installation of new electrical facilities systems shall be timed to coincide with the level of development that would require this Electrical Engineering improvement, to the satisfaction of the Anaheim Public Utilities Department and other utility companies. The applicant /developer shall provide the City of Anaheim with a public utilities easement (per final electric design), along/across high voltage lines, low voltage lines crossing private property, and around all padmounted transformers, switches, capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. Landscape and /or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. Electrical Engineering 72 3 The applicant /developer shall provide evidence that educational material including the hotel's website and literature will feature energy conservation strategies as part of the Guest information and education program. (GCC -1 -9) Resource Efficiency/ Planning The applicant /developer shall be provide a copy of literature and /or materials that will be provided to guests about water conservation and available programs and incentives (i.e. Hotel website and literature will feature water conservation strategies as part of the Guest information and education program). (GCC -1 -22) Resource Efficiency Planning 74 The applicant /developer shall demonstrate that they are providing interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. The project will include waste collection areas suitable for sorting and storing recyclable materials. A recycling program will be coordinated with the local waste management company to recycle glass, metals, plastic, cardboard, and green waste. (GCC-1-24) Resource Efficiency Streets and Sanitation "'5 The applicant /developer shall enter into a Right -of -Way Encroachment License Agreement with the City for the maintenance of the water features proposed within the public right -of -way. Public Works Development Services 76 The applicant /developer shall submit Demolition and Import/Export Plans, if determined to be necessary by the Public Works /Engineering Department. The plans shall include identification of offsite locations for materials exported from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The applicant /developer shall offer recyclable building materials, such as asphalt or concrete. for sale or removal by private firms or public agencies for use in construction of other projects, if it cannot be reused on project site. (I O -MM 3.4 -4) Public Works Development Services The applicant/developer shall submit to the Public Works Department/Development Services for review and approval a Water Public Works Development Quality Management Plan that: Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or `zero discharge" areas, and conserving natural areas. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. Includes public structural BMPs to address runoff from public areas associated with the construction of this project, which have been reviewed and approved by the City's Resort Services, in Public Works' Operations and Maintenance Division, as well as Public Works' Development Services Division. 78 If the ornamental trees on the project site are proposed to be removed during the nesting season, (February 1 to June 30), a qualified Biologist shall be required to inspect the trees prior to removal to ensure no nesting birds are present. If an active nest is present, then the Biologist will identify appropriate minimization measures to the satisfaction of the City of Anaheim Planning Depaltinent. (SC IV-1) 79 The applicant /developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the applicant /developer for exploration and /or salvage. o. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present. grading shall be diverted around the area until the monitor can survey the area. Services Planning Public Works Development Services Public Works Development Services d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. (17 -MM 3.12 -1) 80 The applicant /developer shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the applicant/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. (18 -MM 3.12 -2) 81 The applicant/developer shall demonstrate on plans submitted for grading permits, that they will implement mitigation measures to reduce construction- related air quality impacts. These mitigation measures shall include. but are not limited to: a. Nolniai wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed stock piles. c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. Public Works Development Services Public Works Development Services I d. I Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and /or debris shall be covered prior to entering public streets. f. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. (9 -MM 3.4 -3) 82 The applicant/developer shall submit to the City Engineer for review and approval. a soils and geological report for the area to be graded, based on proposed grading and prepared by an engineering geologist P P in g P P Y g gg g and geotechnical engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. (20 -MM VI -2) Public Works Development Services 83 The applicant /developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Public Works Depaitinent. Development Services Division. (23 -MM VI -5) Public Works Development Services 84 The applicant /developer shall submit a plan for review and approval to the Hazardous Materials Section of the Fire Depaitnient which details procedures that will be taken if a previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. (26 -MM VII -2) Fire 85 The applicant/developer shall provide an Asbestos Identification Survey to the Hazardous Materials Section of the City of Anaheim Fire Department. This Survey shall detail procedures that will be taken if previously unknown underground storage tanks (USTs), or other unknown hazardous material or waste is discovered. (27- _Additional MM VII -2) Fire I I• ii u 86 The applicant /developer shall prepare an Erosion and Sediment Control Plan that will: Require implementation of Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels; Prohibit, during the construction period, discharges of storm water or non -storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan; Describe post construction BMPs for the project; and Explain the maintenance program for the project's BMPs. Public Works Development Services r I! 87 The applicant /developer shall obtain coverage under the NPDES Statewide industrial Stormwater Permit for General Construction Public Works Development 88 Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the City Engineer. (30 -MM VIII -2) The applicant /developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works /Engineering Depai talent. Development Services Division and Orange County Environmental Management Agency. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm: and, b. A delineation of the improvements to be implemented for control of project generated drainage and runoff. (34 -MM VIII -6) 89 The applicant /developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 90 The applicant/developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows. (MMP No. 0085a MM 13 -1) The applicant/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: If the specific development /redevelopment does not increase or redirect current or historic storm water quantities /flows, then the property owner's/ developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency. If the specific development /redevelopment increases or redirects the current or historic storm water quantity/flow, then the applicant/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The applicant/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building /structure, whichever occurs first. Additionally, the applicant/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, Services Public Works Development Services Fire Public Works Development Services reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the applicant/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. (Note: The City has adopted the Storm Drain Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the applicant /developer (per Ordinance No. 5491 and Resolution No. 95R -61 dated April 18, 1995) shall satisfy the requirements of this mitigation measure). (68 -MM XVI -12) 91 j No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Traffic and Transportation 92 The applicant/developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. (7 -MM 3.4 -1) Traffic and Transportation 93 The applicant /developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (31 -MM VII1 -3) Streets and Sanitation 94 The sanitary sewer and storm drains for this development shall be privately maintained except the mainline sewer and storm drain within the public streets. Public Works Development Services j 1 95 That it is the responsibility of the OWNER to remove and relocate any traffic signal poles and equipment at the intersection of Katella Avenue and Harbor Boulevard if necessary at the OWNERS expense. Public Works Development Services j 96 j The applicant /developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. (37 -MM 23.5 -3) Building I Q7 The applicant /developer shall ensure that large bulldozers, large heavy trucks, and other similar equipment not be used within 20 feet of the built or occupied parts of Islander Inn Suites. The work shall be done with medium -sized equipment or smaller within this distance. (39- Additional MM) Planning, Building j 98 i Ili monitors) Ongoing during project operation, the applicant/developer shall provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video should be considered to reduce the potential for criminal activity in the area. (49- XIII -10) Police 99 If the Anaheim Police Department or Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the applicant/developer shall reimburse the City, on a fair share basis, if applicable. for reasonable costs associated with such services. (54 -MM 3.3 -7) 100 The following practices shall be implemented during project operations, as feasible, by the applicant /developer: Usage of recycled paper products for stationery, letterhead, and packaging. Recovery of materials such as aluminum and cardboard. Collection of office paper for recycling. Collection of polystyrene (foam) cups for recycling. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil. batteries, and scrap metal for recycling or recovery. (61 -MM XVI -4) 101 The applicant /developer shall be responsible for ensuring that idling time is limited for commercial vehicles, including delivery and construction vehicles. (GCC -1 -33) 102 The subiect property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 82, and as conditioned herein. 103 That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 104 105 That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Approval of this application constitutes approval of the proposed request only to the extent that complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance. regulation or requirement. Police/ Traffic and Transportation Resource Efficiency Traffic and Transportation Planning Planning Planning Planning