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Resolution-PC 2012-046RESOLUTION NO. PC2012 -046 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY- APPROVED MITIGATED NEGATIVE DECLARATION TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING FINAL SITE PLAN NO. 2008 -00004 (TRACKING NO. FSP2008- 00004A) (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") adopted its Resolution No. PC2009 -039 for the approval of a Final Site Plan to construct a 252 -room hotel with 75,593 square feet of accessory uses for certain real property located at 1820 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Project "); WHEREAS, on March 31, 2009, the Anaheim City Council, adopted Resolution No. 2009- 059 granting Final Site Plan No. 2008 -00004 the Project; WHEREAS, the Planning Commission did receive a verified Petition to amend Final Site Plan No. 2008 -00004 (hereinafter referred to "Final Site Plan No. 2008- 00004A ") for an extension of time to comply with the conditions of approval the Project; WHEREAS, Final Site Plan No. 2008 -00004 was approved in connection 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 No. 2009 - 00297), Conditional Use Permit No. 2009 - 05403, Variance No. 2008- 04761 and Public Convenience or Necessity No. 2009 -00056 (collectively, the "Entitlements "); and WHEREAS, on June 22, 2012, an application for an extension of time to comply with the conditions of approval was timely made in writing (i.e., within six (6) months following the expiration date of the Entitlements), and was accompanied by the appropriate filing fee. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 2012, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed amendment to Final Site Plan No. 2008 -00004 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission has reviewed the proposed amendment to Final Site Plan No. 2008 -00004 and has considered the Mitigated Negative Declaration and the associated Mitigation Monitoring Program No. 156, which were approved by the Planning Commission and the City Council in connection with the approval of Final Site Plan No. 2008 - 00004, and finds and determines that (i) said environmental documentation is adequate to serve as the appropriate environmental documentation in connection with this request and satisfies all the requirements of - 1 - PC2012 -046 the California Environmental Quality Act ( "CEQA "); (ii) "none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred" in connection with the proposed amendment to Final Site Plan No. 2008 - 00004; and (iii) no further environmental documentation need be prepared for said amendment. WHEREAS, before granting any request for an extension of time to comply with conditions of approval pursuant to Section 18.60.170.020 of the Anaheim Municipal Code, the Planning Commission is required to make, and hereby makes, the following findings: 1. That the extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution, or written decision if approved by the Planning Director. 2. That the approved project remains consistent with the General Plan and the zone district designation for the property. 3. That either no amendments to Title 18 of the Anaheim Municipal Code (the "Zoning Code ") have occurred that would cause the approval to be inconsistent with the Zoning Code, or the petitioner has: (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such amendments Zoning Code; and (ii) agreed to modify the project to conform to such amendments. 4. That the subject property is being maintained in a safe, clean and aesthetically pleasing condition, with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code — Community Preservation Officer — Inspection and Reinspections - Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. 5. That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve the amendment to Final Site Plan No. 2009 -05403 subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated herein 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 approval of the amendment to Final Site Plan No. 2008 -00004 is subject to the approval of the amendments to Variance No. 2008 - 004761 and Conditional Use Permit No. 2009 - 05403; and -2- PC2012 -046 BE IT FURTHER RESOLVED, that Final Site Plan No. 2009- 05403A is approved without limitations on the hours of operation or the duration of the use, other than as may be contained in Conditional Use Permit No. 2009 - 05403. Amendments, modifications and revocations of Final Site Plan No. 2009- 05403A may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of July 16, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2012 -046 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 16" day of July, 2012. SENIOR SEGAETARY, ANAHEIM CITY MANNING COMMISSION -4- PC2012 -046 EXHIBIT "A" DES' 1`O. 2012 -00075 APN: 137- 171 -24 W KATELLA AVE O-7a FIB ' a j 36Q' N O N 536' O m m 0 m m x Ni Source: Reccraetl Trsct hleps sntl cr City (315 - -_ plesse note the accuracy 5 *- t:c to five fe =_l. -5- PC2012 -046 EXHIBIT `B" FINAL SITE PLAN NO. 2008-00004 -6- PC2012 -046 CONDITIONS OF APPROVAL (NOTE: Mitigation Measures ( "MM "), Project Design Features RESPONSIBLE NO ( "PDF ") and Standard Conditions ( "SC ") from Mitigation FOR Monitoring Program No. 156 are incorporated into these conditions MONITORING of approval and are identified by the mitigation measure number below applicable condition numbers.) PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The applicant/developer shall install, bond for, or otherwise secure Electrical on -site electrical facilities in accordance with the City of Anaheim Engineering Public Utility Electric Rates, Rules and Regulations, and provide written evidence of this fact to the Public Utilities Department. 2 The applicant/developer shall submit plans which detail the lighting Planning 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) 3 The applicant/developer shall submit plans which illustrate that all Planning mechanical equipment and trash areas for the subject building(s) will be screened from adjacent public streets. Screening shall be installed prior to final building and zoning inspection. (3 -MM 3.11 -1) 4 The applicant/developer shall submit a landscape and irrigation plan Planning/ which shall be prepared and certified by a licensed landscape Resource architect. The landscape plan shall include a phasing plan for the Efficiency 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. -6- PC2012 -046 -7- PC2012 -046 The landscape and irrigation plans shall include water - conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water - conserving equipment. 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) 5 The applicant/developer submitted a preliminary shade /shadow study Planning for this project which demonstrated that the project would not create any shade /shadow impacts. Construction plans shall conform to the conclusions of that study or further analysis may be necessary to demonstrate that the proposed structure would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel /motel swimming pools, and 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) 6 The applicant/developer shall submit evidence that low emission Building 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) 7 The applicant/developer shall comply with all SCAQMD offset Planning regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of -7- PC2012 -046 8 - PC2012 -046 permits shall be given to the Planning Department. (11 -MM 3.4 -5) 8 The applicant/developer shall implement, and demonstrate to the Resource City, measures that are being taken to reduce operation- related air Efficiency quality impacts. These measures may include, but are not limited to, the following: L Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 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) 9 Implementation of energy conservation techniques (i.e., installation of Building 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 applicant shall incorporate project features and commitments as South Coast Air described in Table AQ -7, attached hereto. (14 -New MM) Quality Management District; (verification of notes on plans); Development Services (for annual review) 11 The following summary of mitigation measures to be incorporated Resource into the design and /or operation of the Anaheim Hotel is based on the Efficiency Table CC -1, Attorney General's Recommended Project -Level Mitigation Measures (repeated in Table 7 in this document). Each Planning mitigation measure is referenced using the Table CC -1 ID number, the suggested mitigation measure, and how the project responds to Traffic and meet the criteria. Transportation Energy Efficiency GCC -1 -1: Design buildings to be energy efficient. Site buildings to take advantage of shade, prevailing winds, landscaping and sun 8 - PC2012 -046 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 -3: Install light colored "cool' roofs, cool pavements, and strategically placed shade trees. 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 -13: Create water - efficient landscapes. GCC -1 -14: Install water - efficient irrigation systems and devices, such as soil moisture -based irrigation controls. GCC -1 -18: Restrict watering methods (e.g., prohibit systems that apply water to non - vegetated surfaces) and control runoff. 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 -24: Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. GCC -1 -26: Provide education and publicity about reducing waste and available recycling services. 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 -29: Incorporate public transit into project design. GCC -1 -31: Develop "brownfields" and other underused or defunct -9- PC2012 -046 _10- PC2012 -046 properties near existing public transportation and jobs. Transportation and Motor Vehicles GCC -1 -33: Limit idling time for commercial vehicles, including delivery and construction vehicles. • Idling time for deliveries will be controlled by hotel operational requirements. Construction vehicle idling time can be restricted through specification requirements. GCC -1 -35: Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. • Ride sharing will be encouraged using programs targeted at hotel employees, providing preferred parking or a cost offset for ride sharing and car pooling. 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) 12 The applicant/developer shall submit plans showing that the proposed Building structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. (19 -MM VI -1) 13 The applicant/developer shall submit for review and approval, Building detailed foundation design information for the subject building(s), _10- PC2012 -046 - 11 - PC2012 -046 prepared by a civil engineer, based on recommendations by a geotechnical engineer. (21 -MM VI -3) 14 The applicant/developer shall submit a report prepared by a Building 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) 15 The property owner shall ensure the provision of an 8- foot -high Building temporary construction noise barrier on or adjacent to the section of 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) 16 Plans shall include a note that noise generated by construction activity Planning, Code shall be limited by the applicant/developer to 60 dBA along the Enforcement property boundaries, before 7:00 a.m. and after 7:00 p.m., as Building governed by Chapter 6.70, Sound Pressure Levels, of the Anaheim (verification of Municipal Code. (35 -MM 3.5 -1) notes on plans) 17 The applicant/developer shall ensure that all mechanical ventilation Planning, units are shown on plans and installed in compliance with the Sound Building Pressure Levels Ordinance. (38 -MM 3.5 -4) 18 The water supply system shall be designed by the applicant/developer Fire 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) 19 Onsite fire hydrants shall be installed and charged by the Fire applicant/developer as required and approved by the Fire Department. (42 -XM -2) 20 Plans shall indicate that all buildings shall have sprinklers installed by Fire the applicant/developer in accordance with Anaheim Municipal Code. Said sprinklers shall be installed prior to final building and zoning inspections. (44- XIII -4) 21 Plans shall be submitted to ensure that development is in accordance Fire with the City of Anaheim Fire Department Standards, including: A. Overhead clearance shall not be less than 14 feet for the full - 11 - PC2012 -046 -12- PC2012 -046 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) 22 The applicant/developer shall submit a Construction Fire Protection Fire 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 Department and hydrants shall be operational with required fire flow. (46- XIII -6) 23 The applicant/developer shall submit plans to the Police Department Police for review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). (48- XIII -9) 24 The project design shall include parking lots with controlled access Police points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department (50- XIII -11) 25 The applicant/developer shall provide proof of compliance with Building Government Code Section 53080 (schools) to the Building Division of the Planning Department. (51- XIII -12) 26 Appropriate Traffic Signal Assessment Fees and Traffic Impact and Building (fee Improvement Fees shall be paid by the applicant/developer to the City payment); Traffic of Anaheim in amounts determined by the City Council Resolution in and effect at the time of issuance of the building permit with credit given Transportation for City- authorized improvements provided by the (credits /districts) applicant/developer; and, participate in all applicable reimbursement or benefit districts which have been established. (52 -MM 3.3 -2) 27 The applicant/developer shall irrevocably offer for dedication (with Public Works - subordination of easements), including necessary construction Development easements, the ultimate right(s) -of -way as shown in the Circulation Services -12- PC2012 -046 - 13- PC2012 -046 Element of the Anaheim General Plan for the widening of Katella and Harbor Avenue. (53 -MM 3.3 -3) 28 Street improvement plans shall be submitted for all traffic related Public Works - improvements adjacent to the project site to the Public Works Development Department, Development Services Division for review and approval. Services These plans will show both sides of all streets and alleys adjacent to the property, including all 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. 29 Plans shall specifically indicate that all vehicular ramps and grades Traffic and conform to all applicable Engineering Standards. Transportation 30 Plans for the parking structure shall demonstrate that at -grade ducts Traffic and and overhead pipes shall not encroach in the parking space areas or Transportation required vehicle clearance areas. 31 Plans shall demonstrate that fire lanes shall be posted with "No Traffic and Parking Any Time." Said information shall be specifically shown on Transportation plans submitted for building permits. 32 The applicant/developer shall abandon any existing City of Anaheim Public Works - Public Utilities easements conflicting with building footprints. Development Services 33 A lot line adjustment shall be submitted to the Public Works Public Works - Department, Development Services Division to merge the existing Development parcels into one legal lot. The Lot Line Adjustment shall be approved Services by the City Engineer and recorded in the office of the Orange County Recorder. 34 A Right of Way Construction Permit shall be obtained from the Public Public Works - Works Department/Development Services for all work performed in the Development right -of -way. A bond shall be posted in an amount approved by the City Services Engineer and a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. 35 The recordation of a Save Harmless in -lieu of Encroachment Public Works - Agreement is required for any private storm drains connecting to a City Development storm drain. Services - 13- PC2012 -046 36 The existing middle driveway approach on Harbor Blvd shall be Public Works - removed and replace with curb, gutter, parkway landscaping and Development sidewalk. A bond shall be posted in an amount approved by the City Services 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. 37 The applicant/developer shall fully fund the implementation of Traffic and Intelligent Transportation Systems (ITS) improvements at and Transportation 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) 38 The applicant/developer shall coordinate with all utility providers to Building ensure avoidance of any notable service disruptions during the extension, relocation, upgrading of, or connection to services. (58- PDF XVI -1) 39 The applicant/developer shall provide proof of participation in the Traffic and Anaheim Transportation Network (ATN) once the project is in Transportation 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. 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) 40 The applicant/developer shall provide a plan for implementation and Traffic and administration of a comprehensive Transportation Demand Transportation Management (TDM) program for all employees. Objectives of the -14- PC2012 -046 -15- PC2012 -046 TDM program shall be: Increase ridesharing and use of alternative transportation modes by employees and guests. 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) 41 Water: The project shall be subject to the fees, terms and conditions Water of the Anaheim Resort Area Water Supply Assessment (currently Engineering 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) 42 The applicant/developer shall submit project plans to the Maintenance Streets and Department for review and approval to ensure that the plans comply Sanitation with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, -15- PC2012 -046 -16- PC2012 -046 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) 43 The applicant/developer shall submit plans showing that each Resource structure will comply with the State Energy Efficiency Standards for Efficiency 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) 44 The applicant/developer shall install an underground electrical service Electrical from the Public Utilities Distribution System. The Underground Engineering 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) 45 The applicant/developer shall demonstrate on plans that fuel efficient Building models of gas - powered building equipment have been incorporated -16- PC2012 -046 -17- PC2012 -046 into the project, to the extent feasible. (66 -MM XVI -9) 46 The applicant/developer shall submit plans showing that each Building 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) 47 The applicant/developer shall install an underground electrical service Electrical from the Public Utilities Distribution System. The Underground Engineering 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) 48 The applicant/developer shall submit evidence that the transformers Electrical are PCB free. (72- MMXVI -16) Engineering 49 The applicant/developer shall submit an emergency fire access plan to Fire the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department Service Programs. 50 The applicant/developer shall coordinate with the Electrical Electrical Engineering Division to ensure that there will be no conflicts with the Engineering underground electrical systems and to establish electrical service requirements and obtain electrical distribution plans. 51 Plans shall indicate that above- ground utility devices are located on Electrical private property and outside any required setback areas unless Engineering 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 and/or hardscape screening of all padmounted equipment shall be required outside the easement area of the equipment. 52 The applicant/developer shall coordinate its service requirements and Electrical relocation issues with the City of Anaheim Public Utilities Engineering Department and the other utility companies involved. 53 Building plans shall show that the property shall be served with Electrical underground utilities per the Electrical Rates, Rules, and Regulations, Engineering and the City of Anaheim Underground Policy, with installation prior -17- PC2012 -046 -18- PC2012 -046 to the first final building and zoning inspection. 54 The proposed project shall comply with all State Energy Insulation Resource Standards and City of Anaheim codes in effect at the time of Efficiency application for building permits. (Commonly referred to as Title 24, these standards are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 covers the use of energy efficient building standards, including ventilation, insulation and construction and the use of energy saving appliances, conditioning systems, water heating and lighting.) Plans submitted for building permits shall include written notes demonstrating compliance with energy standards and shall be reviewed and approved by the Public Utilities Department prior to issuance of building permits. 55 The applicant/developer shall demonstrate in the building/design Resource plans that efficient lighting and lighting control systems will be Efficiency utilized in the building structure. In addition, the plans will utilize natural light/daylight as an integral part of lighting systems in the buildings. (GCC -1 -2) 56 The applicant/developer shall demonstrate that light colored "cool' Resource roofs, cool pavements, and strategically placed shade trees will be Efficiency 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) 57 The applicant/developer shall demonstrate that solar power/heating, Resource (including automatic covers, and efficient pumps and motors for Efficiency pools and spas) will be utilized for the proposed pool and filter. (GCC -1 -8) 58 The applicant/developer shall submit irrigation and detailed landscape Resource plans that utilize efficient landscape materials and water - efficient Efficiency irrigation systems and devices, such as soil moisture -based irrigation controls for review and approval. (GCC -1 -13, GCC -1 -14) 59 The applicant/developer shall be responsible for demonstrating that Resource the irrigation systems will be high efficiency with minimum spray Efficiency type delivery carefully planned and adjusted to apply water only to vegetated areas and to limit over - spray. (GCC -1 -18- GCC -1 -30) 60 The applicant/developer shall institute a demolition and construction Resource waste diversion program, coordinated with the local waste Efficiency -18- PC2012 -046 _19- PC2012 -046 management company, to achieve a goal of 50% diversion /recycle of demolition and construction waste. Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). (GCC -1 -23) 61 The applicant/developer shall demonstrate that they have incorporated Traffic and public transit into the project design including a loading and staging Transportation area for tour busses and the local tourist shuttle as shown on the final site plan. (GCC -1 -29) 62 The applicant/developer shall incorporate the following energy saving Electrical practices into building plans. The applicant/developer shall Engineering 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. 63 Prior to issuance of the first final site plan, the project Public Works applicant/developer shall provide fair -share funding (as identified in the project traffic study) for following improvements: • Manchester Avenue/ I -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 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. _19- PC2012 -046 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 64 The applicant/developer shall demonstrate to the satisfaction of the Planning City Planning Director or his /her designee, that that the LED display Building 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 applicant/developer 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 applicant/developer 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) 65 The applicant/developer shall participate in the Anaheim Assessment Planning District for landscape installation and maintenance. (6 -MM 3.11 -4) 66 The applicant/developer shall submit an earthquake emergency Fire 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) 67 The applicant/developer shall submit a letter from a licensed Planning landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (32 -MM VIII -4) 68 The applicant/developer shall place emergency telephone service Fire -20- PC2012 -046 -21- PC2012 -046 numbers in prominent locations as approved by the Fire Department. (47- XIII-8) 69 The applicant/developer shall implement energy- saving practices in Resource compliance with Title 24, which may include the following: Efficiency • 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) 70 The Southern California Gas Company has developed several Southern programs which are intended to assist in the selection of the most California Gas energy - efficient water heaters and furnaces. The applicant/developer Company shall implement a program to reduce the demand on natural gas supplies. (65 -MM XVI -8) 71 A study of area television reception shall be undertaken by the Public Works - applicant/developer and submitted to the City Engineer for review Development and approval. If the City Engineer determines that the proposed Services 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) 72 The applicant shall: Public Works - • Demonstrate that all structural BMPs described in the Project & Development Services Site Specific WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project & Site Specific WQMP -21- PC2012 -046 -22- PC2012 -046 • Demonstrate that an adequate number of copies of the approved Project & Site Specific WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 73 The installation of new electrical facilities systems shall be timed to Electrical coincide with the level of development that would require this Engineering improvement, to the satisfaction of the Anaheim Public Utilities Department and other utility companies. 74 The applicant/developer shall provide the City of Anaheim with a Electrical public utilities casement (per final electric design), alonglacross high Engineering 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. . 75 The applicant/developer shall provide evidence that educational Resource material including the hotel's website and literature will feature Efficiency/ energy conservation strategies as part of the Guest information and Planning education program. (GCC -1 -9) 76 The applicant/developer shall be provide a copy of literature and/or Resource materials that will be provided to guests about water conservation and Efficiency available programs and incentives (i.e. Hotel website and literature Planning will feature water conservation strategies as part of the Guest information and education program). (GCC -1 -22) 77 The applicant/developer shall demonstrate that they are providing Resource interior and exterior storage areas for recyclables and green waste and Efficiency 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 Streets and the local waste management company to recycle glass, metals, plastic. Sanitation cardboard, and green waste. (GCC -1 -24) PRIOR TO ISSUANCE OF GRADING PERMITS 78 The applicant/developer shall submit Demolition and Import/Export Public Works — Plans, if determined to be necessary by the Public Works/Engineering Development Department. The plans shall include identification of offsite locations Services 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 -22- PC2012 -046 -23- PC2012 -046 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. (10 -MM 3.4 -4) 79 The applicant/developer shall submit to the Public Works Public Works — Department/Development Services for review and approval a Water Development Quality Management Plan that: Services • 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. 80 If the ornamental trees on the project site are proposed to be removed Planning 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 Public Works — the Biologist will identify appropriate minimization measures to the Development satisfaction of the City of Anaheim Planning Department. (SC N -1) Services 81 The applicant/developer shall submit a letter identifying the certified Public Works - archaeologist that has been hired to ensure that the following actions Development are implemented: Services 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 -23- PC2012 -046 -24- PC2012 -046 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. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. (17 -MM 3.12 -1) 82 The applicant/developer shall submit a letter identifying the certified Public Works - paleontologist that has been hired to ensure that the following actions Development are implemented: Services 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) 83 The applicant/developer shall demonstrate on plans submitted for Public Works - grading permits, that they will implement measures to reduce Development construction- related air quality impacts. These measures shall Services include, but are not limited to: -24- PC2012 -046 -25- PC2012 -046 a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth- moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. 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. d. 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) 84 The applicant/developer shall submit to the City Engineer for review Public Works - and approval, a soils and geological report for the area to be graded, Development based on proposed grading and prepared by an engineering geologist Services and geotechnical engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. (20 -MM VI -2) 85 The applicant/developer shall implement standard practices for all Public Works - applicable codes and ordinances to prevent erosion to the satisfaction Development of the Public Works Department, Development Services Division. Services (23 -MM VI -5) 86 The applicant/developer shall submit a plan for review and approval Fire to the Hazardous Materials Section of the Fire Department 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) 87 The applicant/developer shall provide an Asbestos Identification Fire Survey to the Hazardous Materials Section of the City of Anaheim Fire Department. This Survey shall detail procedures that will be -25- PC2012 -046 -26- PC2012 -046 taken if previously unknown underground storage tanks (USTs), or other unknown hazardous material or waste is discovered. (27- Additional MM VII-2) 88 The applicant/developer shall prepare a Storm Water Pollution Public Works - Prevention Plan (SWPPP) that will: Development • Require implementation of Best Management Practices (BMPs) Services 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; • Discuss in detail the BMPs planned for the project related to control of sediment and erosion, non - sediment pollutants, and potential pollutants in non -storm water discharges; • Describe post - construction BMPs for the project; • Explain the maintenance program for the project's BMPs; • Require reporting of violations to the Regional Board during construction; and • List the parties responsible for SWPPP implementation and BMP maintenance during and after grading. (28 -SC 4.5 -1) 89 The applicant/developer shall ensure compliance with all Public Works - recommended structural and non - structural Best Management Development Practices identified in the Water Quality Management Plan (WQMP). Services (29 -MM VIII-1) 90 The applicant/developer shall obtain coverage under the NPDES Public Works - Statewide Industrial Stormwater Permit for General Construction Development Activities from the State Water Resources Control Board. Evidence of Services attainment shall be submitted to the City Engineer. (30 -MM VIII -2) 91 The applicant/developer shall submit a Master Drainage and Runoff Public Works - Management Plan (MDRMP) for review and approval by the Public Development Works/Engineering Department, Development Services Division and Services 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) -26- PC2012 -046 92 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. Fire 93 The applicant/developer shall participate in the City's Master Plan of Public Works - Storm Drains and related Infrastructure Improvement (Fee) Program Development to assist in mitigating existing and future storm drainage system Services 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, 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 -27- PC2012 -046 -28- PC2012 -046 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) 94 The applicant/developer shall enter into a Right -of -Way Public Works Encroachment License Agreement with the City for the maintenance of the water features proposed within the public right -of -way. GENERAL 95 The applicant/developer shall implement measures to reduce Traffic and emissions to the extent practical, schedule goods movements for off- Transportation peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. (7 -MM 3.4 -1) 96 The applicant/developer shall provide for the following: cleaning of Streets and all paved areas not maintained by the City of Anaheim on a monthly Sanitation 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 VIII -3) 97 The sanitary sewer and storm drains for this development shall be Public Works — privately maintained except the mainline sewer and storm drain within Development the public streets. Services 98 That it is the responsibility of the OWNER to remove and relocate Public Works — any traffic signal poles and equipment at the intersection of Katella Development Avenue and Harbor Boulevard if necessary at the OWNERS expense. Services 99 The applicant/developer shall ensure that all internal combustion Building engines on construction equipment and trucks are fitted with properly maintained mufflers. (37 -MM 23.5 -3) 100 The applicant/developer shall ensure that large bulldozers, large Planning, heavy trucks, and other similar equipment not be used within 20 feet Building 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) 101 Ongoing during project operation, the applicant/developer shall Police 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 -28- PC2012 -046 -29- PC2012 -046 devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. (49- XIII -10) 102 If the Anaheim Police Department or Anaheim Traffic Management Police/ Center (TMC) personnel are required to provide temporary traffic Traffic and control services, the applicant/developer shall reimburse the City, on Transportation a fair share basis, if applicable, for reasonable costs associated with such services. (54 -MM 3.3 -7) 103 The following practices shall be implemented during project Resource operations, as feasible, by the applicant/developer: Efficiency • 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) 104 The applicant/developer shall be responsible for ensuring that idling Traffic and time is limited for commercial vehicles, including delivery and Transportation construction vehicles. (GCC -1 -33) 105 The subject property shall be developed substantially in accordance Planning 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. 106 The time period to satisfy conditions of approval shall be two (2) Planning years, commencing immediately following the original expiration date, which was March 31, 2012. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code, as the same may be amended from time to time. 107 That timing for compliance with conditions of approval may be Planning 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. -29- PC2012 -046 108 Approval of this application constitutes approval of the proposed Planning 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. 109 No required parking areas shall be fenced or otherwise enclosed for Planning outdoor storage uses. -30- PC2012 -046