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Resolution-PC 2012-072RESOLUTION NO. PC2012 -072 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2011- 05550, FINAL SITE PLAN NO. 2011-00001 AND VARIANCE NO. 2012 -04914 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2011- 00011) (1640 -1650 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commnission") did receive a verified Petition for Conditional Use Permit No. 2011- 05550, Final Site Plan No. 2011 -00001 and Variance No. 2012 -04914 to demolish 24 existing motel rooms and construct 37 new motel rooms including the addition of approximately 800 square feet of retail space (the "Project') with a variance from interior setback requirements and fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1640 -1650 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 3.46- acres, is developed with the Ramada Maingate Hotel. The Property is located in the SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 8, 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 Chapter 18.60 of the Code, to hear and consider evidence for and against said proposed conditional use pemlit to investigate and make findings and recommendations in connection therewith; and WHEREAS, a Mitigated Negative Declaration ( "MND ") was prepared to evaluate the physical environmental impacts of the Project in conformance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA ") pursuant to State CEQA Guidelines Section 15070.. The MND finds that the project will have less than significant impacts to the environment, with the implementation of mitigation measures; and WHEREAS, the MND was circulated for a 20 -day public review period from September 6, 2012, through September 26, 2012; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission has reviewed and considered the MND and associated Mitigation Monitoring and Reporting Program No. 0085c ( "MMP "), together with written comment letters (if any) received during the CEQA public review period along with any testimony received at the public hearing and, in - 1 - PC2012 -072 accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Project will not result in significant impacts to the environment; and WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Project on the Property does find and determine the following facts: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04914 and the conditions of approval. 2. The proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the expansion of the existing hotel will not create any additional impacts to the surrounding properties. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the expansion incremental and is similar to the existing building footprint. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the incremental increase of 13 hotel rooms and 800 square feet of retail space is not significant enough to create a noticeable increase in traffic. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project is an expansion of an existing hotel and Mitigated Negative Declaration has been prepared which evaluated and provided mitigation for any potential impacts. 6. That the request to construct the Project complies with the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04890 and the conditions of approval. 7. The design and layout of the proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 8. The architectural design of the proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. -2- PC2012 -072 9. The design of the proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 10. The proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the proposed Project. WEMIZEAS, the Planning Commission does further find and determine that the variance request from setback requirements and fewer parking spaces than required by the Code should be approved for the following reasons: (a) SECTION NO. 18.116.090.040 Minimum building setbacks (10 feet required; 2 feet proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (230 spaces required; 189 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because a parking study was submitted by the applicant determining that the proposed number of parking spaces for the project is sufficient to accommodate the hotel property. The parking study indicates that 191 parking spaces will be required by the hotel during the peak demand hours based on observations at the hotel and that a parking management plan is required and included in the conditions of approval to accommodate the deficiency of two parking spaces during this peak demand period; 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the parking demands of the existing hotel; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the parking demands of the hotel; 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off- street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the Property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are -3- PC2012 -072 designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the hotel uses. 6. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property if it were developed in conformance with development standards. The Property is comprised of two substandard parcels that have lot widths that are significantly less than the Code required width. 7. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity as there are many hotels in the vicinity that are developed with buildings located in the interior setback area. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim as follows: 1. The Planning Commission hereby approves and adopts the MND and the MMP in the form presented at this meeting. 2. The Planning Commission does hereby approve Conditional Use Permit No. 2011 - 05550, Final Site Plan No. 2011 -00001 and Variance No. 2012 - 04914, 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 Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 3. Any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. 4. The 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 of 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. 5. Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable -4- PC2012 -072 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. 6. 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 8, 2012. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ft — Roc" CHAIR, ANAHEIM CITY PLAT G COMMISSION ATTEST: SENIOR VeRETARY, ANAHEIM CITY PLANNING COMMISSION 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 October 8, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 8 day of October, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -072 EXHIBIT "A" DEV NO. 2011 -00011 APN: 082 - 211 -08 082 - 211 -09 603' J m � N m 600' _Q h W DISNEY WAY o ioo ! Source: Recorded Tract Maps City GIS. two to Please note the accuracy is +/- two to five feet. -6- PC2012 -072 IWV911t3fll W(W CONDITIONAL USE PERMIT NO. 2011-05550 FINAL SITE PLAN NO. 2011-00001 AND VARIANCE NO. 2012-04914 (DEV2011- 00011) -7- PC2012 -072 CONDITIONS OF APPROVAL (NOTE: Mitigation Measures ( "MM "), Project Design Features ( "PDF") and RESPONSIBLE NO. Standard Conditions ( "SC ") from Mitigation Monitoring Program No. 0085c are incorporated into these conditions of approval and are identified by the MONITORING mitigation measure number below applicable condition numbers.) PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prior to approval of each grading plan (for Import/Export plan) and prior to Planning issuance of demolition permit (for Demolition Plan the property Department, owner /developer shall submit Demolition and Import/Export plans. The plans Building shall include identification of offsite locations for materials exported from the Division project and options for disposal of excess materials. 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 property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. MM III -4 2 Prior to and ongoing during grading and construction, the City shall ensure that Planning ornamental shrub and tree removal shall be conducted outside the nesting Department, bird/raptor season (March 15 to September 15 for nesting birds; February 1 to Planning June 30 for nesting raptors), to the extent practicable. If construction or Services Division vegetation removal would occur between February I and September 15, the Project Applicant shall conduct a pre - construction survey for active bird /raptor nests within three days prior to commencement of construction activities /vegetation removal. Should an active nest be identified, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active as determined by a qualified Biologist. The size of the protective buffer will be determined by the Biologist based on the location of the nest; the type of construction activities; the existing human activity in the vicinity of the nest; and the sensitivity of the nesting species. Once the nest is no longer active, construction can proceed within the buffer zone. MM N -1 3 The property owner /developer shall submit a letter to the Planning Department, Planning Planning Division, identifying the certified archaeologist that has been hired to Department, ensure that the following actions are implemented: Building a. The archaeologist must be present at the pregrading conference in order to Division 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 property owner /developer for exploration and/or salvage. -7- PC2012 -072 -8- PC2012 -072 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 to when the final report will be submitted MM V -1 4 The property owner /developer shall submit a letter to the Planning Department, Planning Building Division, identifying the certified paleontologist that has been hired to Department, ensure that the following actions are implemented: Building a. The paleontologist must be present at the pregrading conference in order Division 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 property owner /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 MM V -2 5 The property owner /developer shall submit to the City Engineer for review and Planning approval, a soils and geological report for the area to be graded, based on Department, proposed grading and prepared by an engineering geologist and geotechnical Building engineer. All grading shall be in conformance with Title 17 of the Anaheim Division Municipal Code. MM VI -2 6 The property owner /developer shall submit a plan for review and approval to the Fire Department Environmental Protection 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. MM VII-2 7 The property owner /developer shall ensure compliance with all recommended Planning structural and non - structural Best Management Practices identified in the Water Department, Quality Management Plan. MM VIII -1 Building Division 8 The property owner /developer shall obtain coverage under the NPDES Statewide Planning Industrial Stormwater Permit for General Construction Activities from the State Department, Water Resources Control Board. Evidence of attainment shall be submitted to the Planning City Engineer. MM MM VIII -2 Division -8- PC2012 -072 9 The property owner /developer shall submit a Master Drainage and Runoff Planning Management Plan (MDRMP) for review and approval by the Public Department, Works/Engineering Department, Development Services Division, and Orange Building County Environmental Management Agency. The Master Plan shall include, but Division; Public not be limited to, the following items: Works/Engineeri a. Backbone storm drain layout and pipe size, including supporting ng Department, hydrology and hydraulic calculations for storms up to and including the Development 100 -year storm; and, Division b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. MM VIII -6 10 The property owner /developer shall submit grading and construction plans to the Planning Building Division incorporating the following conditions: Department, a. Contractors shall schedule construction activities to avoid Building simultaneous use of several pieces of high noise level - emitting Division equipment, to the extent practicable. b. Construction equipment shall be fitted with manufacturer's standard (or better) noise shielding and muffling devices to reduce noise levels to the maximum extent feasible. C. Equipment maintenance and staging areas should be located as far away from local residences and hotel uses as feasible. MM XII -3 11 The property owner /developer shall submit grading plans to the City of Anaheim Planning Building Division that prohibit the use of large bulldozers and large loaded trucks Department, within 45 feet of normally occupied buildings. MM XII -4 Building Division 12 The projects shall be required to comply with requirements in effect at the time Planning building permits are issued (i.e., impact fees, etc.) MM XIV -1 Department, Building Division 13 The property owner /developer shall submit an emergency fire access plan to the Fire Department Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. MM XPJ -3 14 The Property Owner/Developer shall comply with Rule 15E of the Public Utilities Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to Department, include: Water (1) Installation of a 16 -inch pipe in Harbor Boulevard from Engineering Orangewood Avenue to Chapman Avenue; and Division (2) Provision for a new well to be constructed near the intersection of Haster Street and orangewood Avenue. Note: To implement this mitigation measure, the City has adopted the Anaheim Resort Water Facilities Fee Program (Rule 15E of the Water Rates, Rules and Regulations). Compliance with this Fee Program by the property owner /developer (per Resolution No. 95R -140, effective September 1, 1995) shall satisfy the requirement of this Mitigation Measure, or the City may enter into alternative financing arrangements). MM XVII -3 -9- PC2012 -072 15 The property owner /developer shall participate in the City's Master Public Works Plan of Sewers and related Infrastructure Improvement (Fee) Program Department, to assist in mitigating existing and future sanitary sewer system deficiencies as Development follows: Services Division The property owner /developer shall submit a report for review and approval of the City Engineer to assist in determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of discharge, then the property owner's /developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) increases flows or changes points of discharge, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney'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 South Central Area Sewer Deficiency Study. The property owner /developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building/structure, whichever comes first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner /developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). MM XVII-6 16 The property owner /developer shall participate in the City's Master Plan of Public Works Storm Drains and related Infrastructure Improvement (Fee) Program to assist in Department, mitigating existing and future storm drainage system deficiencies as follows: Development The property owner /developer shall submit a report for review and approval by Services Division the City Engineer to assist with determining the following: A. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities /flow, 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. -10- PC2012 -072 - 11 - PC2012 -072 B. If the specific development/redevelopment increases or redirects the current or historic storm water quantity /flow, then the property owner /developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner /developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25 -year storm frequencies and to protect properties /structures for a 100 -year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner /developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. MM XVII -11 (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 Property Owner/Developer [per Ordinance No. 5491 and Resolution No. 95R -61 dated April 18, 1995] shall satisfy the requirements of this mitigation measure.) 17 Prior to approval of each grading plan (for Import/Export plan) and prior to Planning issuance of demolition permit (for Demolition Plan), the property Department, owner /developer shall submit Demolition and Import/Export plans. The plans Building shall include identification of offsite locations for materials exported from the Division project and options for disposal of excess materials. 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 property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. MM III -4 PRIOR TO ISSUANCE OF BUILDING PERMITS 18 Prior to issuance of a building permit, the property owner shall irrevocably offer Public Works, to dedicate to the City of Anaheim an easement 72- feet in width (12 -feet total Development dedication from existing r /w) from the centerline of Harbor Blvd for landscape Services and irrigation improvements as required per the Anaheim Resort Specific Plan. 19 The developer shall submit street improvement plans to improve Harbor Blvd per Public Works, The Anaheim Resort standards, including storm drain improvements, planting and Development - 11 - PC2012 -072 -12- PC2012 -072 irrigation for the public parkway to the Public Works Department, Development Services Services Division. The parkway landscaping strips, 8 feet behind curb and 8 feet behind sidewalk, shall be constructed with the irrigation connected to the City system, and maintained by City Resort Services Division. Prior to issuance of a building permit, the developer shall submit a bond to guarantee that the improvements are constructed prior to final building and zoning inspection. 20 Prior to the issuance of a building permit for the project, the owner /developer Planning shall obtain and deliver to the City a Covenant and Agreement to Hold Property Department, as One Parcel for Building Requirements in a form acceptable to the City Building Attorney, which Covenant and Agreement shall be executed in recordable form Division. by all owners of the subject property (1640 -1650 South Harbor Blvd.). 21 The property owner /developer shall submit plans which illustrate that all Planning mechanical equipment and trash areas for the subject building(s) will be screened Department, from adjacent public streets and adjacent residential areas. Screening shall be Planning installed prior to final building and zoning inspection. MM I -1 Services Division 22 The property owner /developer shall submit a landscape and irrigation plan which Planning shall be prepared and certified by a licensed landscape architect. The landscape Department, plan shall include a phasing plan for the installation and maintenance of Planning landscaping associated with that building permit and shall be in conformance with Services Division 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 over - watering 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, 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. MM I -2 23 The property owner /developer shall submit evidence that low emission paints Planning and coatings are utilized in the design and construction of buildings, in Department, compliance with SCAQMD regulations. This information shall be denoted on the Building project plans and specifications. The property owner /developer shall also Division implement the following to limit emission from architectural coatings and asphalt usage: A. Use nonsolvent -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. MM III -2 24 The property owner /developer shall comply with all SCAQMD offset regulations South Coast Air and implementation of Best Available Control Technology (BACT) and Best Quality Available Retrofit Control Technology (BARCT) for any new or modified Management stationary source. Copies of permits shall be given to the Planning Department. District (for MM III -5 permit issuance); Planning -12- PC2012 -072 - 13- PC2012 -072 Department, Planning Services Division (for verification of permit application and receipt) 25 The property owner /developer shall implement, and demonstrate to the City, Public Utilities measures that are being taken to reduce operation - related air quality impacts. Department, The measures may include, but not limited to the following: Electric Services A. Improve thermal integrity of structures and reduced thermal load through Administration, Resource use of automated time clocks or occupant sensors. Efficiency B. Incorporate efficient heating and other appliances. C. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. D. Use drought - resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. E. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. MMM III -6 26 Implementation of energy conservation techniques (i.e., installation of energy Public Utilities saving devices, construction of electrical vehicle charging stations, use of Department, sunlight filtering window coatings or double -paned windows, utilization of Electric Services light- colored roofing materials as opposed to dark- colored roofing materials, Administration, and placement of shady trees next to habitable structures) shall be indicated on Resource plans. MM III -7 Efficiency 27 The property owner /developer shall submit plans showing that the proposed Planning structure has been analyzed for earthquake loading and designed according to the Department, most recent seismic standards in the Uniform Building Code adopted by the City Building of Anaheim. MM VI -1 Division 28 The property owner /developer shall submit for review and approval, detailed Planning foundation design information for the subject building(s), prepared by a civil Department, engineer, based on recommendations by a geotechnical engineer. MM VI -3 Building Division 29 The property owner /developer shall submit a report prepared by a geotechnical Planning engineer for review and approval which shall investigate the subject foundation Department, excavations to determine if soft layers are present immediately beneath the Building footing site and to ensure that compressibility does not underlie the footing. Division 30 On -site fire hydrants shall be installed and charged by the property Fire Department owner /developer as required and approved by the Fire Department. MM XIV -2 31 Plans shall indicate that all buildings shall have sprinklers installed by the Planning property owner /developer in accordance with Anaheim Municipal Code. Said Department, sprinklers shall be installed prior to each final building and zoning inspection. Building MIV -4 Division; Fire Department 32 Plans shall be submitted to ensure that development is in accordance with the Planning City of Anaheim Fire Department Standards, including: Department, A. Overhead clearance shall not be less than 14 feet for the full width of Building - 13- PC2012 -072 -14- PC2012 -072 access roads. Division; Fire B. Adequate off -site public fire hydrants contiguous to the Specific Plan Department Area and onsite private fire hydrants shall be provided by the property owner /developer. The precise number, types and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. 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. MM XN -5. 33 The property owner /developer shall submit a Construction Fire Protection Plan to Planning the Fire Department for review and approval detailing accessibility of emergency Department, fire equipment, fire hydrant location, and any other construction features required Building by the Fire Marshal. The property owner /developer shall be responsible for Division; Fire securing facilities acceptable to the Fire Department and hydrants shall be Department operational with required fire flow. MM XIV -6 34 All water supply planning for the project will be closely coordinated with, and be Public Utilities subject to the review and final approval of, the Public Utilities Department, Water Department, Engineering Division and Fire Department. MM XVII -4 Water Engineering, Fire Department 35 Water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 Public Utilities psi or less by means of pressure reducing valves installed at the property Department, owner /developer's service. MM XVII-5 Water Engineering, Fire Department 36 Prior to issuance of each building permit (to be implemented prior to final Public Utilities building and zoning inspections, and continuing on an on -going basis during Department, project operation)The property owner/ developer shall submit to the Public Water Utilities Department plans for review and approval which shall ensure that Engineering water conservation measures are incorporated. Among the water conservation Division measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: • Use of low -flow sprinkler heads in irrigation systems. • Use of waterway recirculation systems. • Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self - closing valves on drinking valves. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Use of low -flow shower heads in hotels. • Water efficient ice - machines, dishwashers, clothes washers and other water -using appliances. • Use of irrigation systems primarily at night when -14- PC2012 -072 - 15- PC2012 -072 evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. Use of water conserving landscape plant materials wherever feasible. MM XVII -7 37 The Property Owner /Developer for new development within the ARSP area shall Planning provide evidence to the Planning Director or Planning Services Manager that Department, separate irrigation lines for recycled water shall be constructed. All irrigation Planning systems shall be designed so that they will function properly with recycled water. Services Division MM XVII -9 38 The property owner /developer shall submit an irrigation plan in which all Planning irrigation systems shall be designed so that they will function properly with Department, reclaimed water, once a system is available. MM XVII -10 Planning Services Division 39 The property owner /developer shall submit project plans to the Public Works Public Works Department for review and approval to ensure that the plans comply with AB Department, 939, the Solid Waste Reduction Act of 1989, as administered by the City of Streets and Anaheim and the County of Orange and City of Anaheim Integrated Waste Sanitation Management Plans. Prior to final building and zoning inspection, Division implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: A. Detailing the location and design of on -site recycling facilities. B. Providing on -site recycling receptacles to encourage recycling. C. Complying with all Federal, State and City regulation for hazardous material disposal. D. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner /developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: A. Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. B. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. C. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. D. Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. E. Prohibiting curbside pick -up. MM XVII -12 - 15- PC2012 -072 40 The property owner /developer shall submit plans showing that each structure will Public Utilities comply with the State Energy Efficiency Standards for Nonresidential Buildings Department, (Title 24, Part 6, Article 2, California Code of Regulations) and will consult with Resource the City of Anaheim Public Utilities Resource Efficiency Division in order to Efficiency review above Title 24 measures to incorporate into the project design including Division energy efficient designs. MM XVII -14 41 The property owner /developer shall install an underground electrical service from Public Utilities the Public Utilities Distribution System. The Underground Service will be Department, installed in accordance with the Electric Rules, Rates, Regulations and Electrical Electrical Specifications for Underground Systems. Electrical Service Fees and other Engineering applicable fees will be assessed in accordance with the Electric Rules, Rates, Division Regulations and Electrical Specifications for Underground Systems. MM XVII-16 42 The property owner /developer shall demonstrate on plans that fuel efficient Planning models of gas- powered building equipment have been incorporated into the Department, project, to the extent feasible. MM XVII-18 Planning Services Division 43 Prior to commencement of structural framing on the project site, on -site fire Fire Department hydrants shall be installed and charged by the property owner /developer as required and approved by the Fire Department. MM XPJ -2 44 Prior to approval of water improvement plans, the water supply system shall be Fire Department designed by the property owner /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection in accordance with Fire Department requirements. MM XIV-7 45 The project design shall include parking lots with controlled access points to limit Police ingress and egress if determined to be necessary by the Police Department, and Department shall be subject to the review and approval of the Police Department. MM XIV -11 46 The property owner /developer shall provide proof of compliance with Planning Government Code Section 53080 (schools) to the Building Division of the Department, Planning Department. MM XIV -12 Building Division 47 Ongoing during project construction and operation the City shall continue to Planning collaborate with the Metropolitan Water District of Southern California (MWD), Department, its member agencies, and the Orange County Water District (OCWD) to ensure Planning that available water supplies meet anticipated demand. If it is forecasted that Services water demand exceeds available supplies, the City shall trigger application of its Division; Public Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as Utilities prescribed, to require mandatory conservation measures as authorized by Sections Department, 10.18.070 through 10.18.090, as appropriate. MM XVII -8 Water Engineering Division 48 The property owner /developer shall submit plans to the Police Department for Police review and approval for the purpose of incorporating safety measures in the Department 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). MM XIV -9 -16- PC2012 -072 49 The property owner /developer shall implement energy- saving practices in Planning compliance with Title 24, which may include the following: Department, A. Use of high - efficiency air conditioning systems controlled by a Building computerized management system including features such as a variable Division 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. 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 hallide or high - pressure sodium for outdoor lighting and parking lots. MM XVII -15 50 The Southern California Gas Company has developed several programs which are Planning intended to assist in the selection of the most energy - efficient water heaters and Department, furnaces. The property owner /developer shall implement a program, as required, Planning to reduce the demand on natural gas supplies. MM XVH -17 Services Division ONGOING DURING CONSTRUCTION 51 The property owner /developer shall implement measures to reduce South Coast Air construction - related air quality impacts. These measures shall include, but are Quality not limited to: Management A. Normal wetting procedures (at least twice daily) or other dust palliative District; Planning measures shall be followed during earth- moving operations to minimize Department, fugitive dust emissions, in compliance with the City of Anaheim Building Municipal Code including application of chemical soil stabilizers to Division exposed soils after grading is completed and replacing ground cover in (verification of disturbed areas as quickly as practicable. notes on plans); Public Works B. Enclosing, covering, watering twice daily, or applying approved soil Department, binders, according to manufacturer's specification, to exposed stock Development piles. Services Division 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. H. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. -17- PC2012 -072 - is- PC2012 -072 I. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. J. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. K. Comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. L. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers) where practicable. M. Utilize existing power sources (e.g. power poles) or clean -fuel generators rather than temporary power generators, where practicable. N. Maintain construction equipment engines by keeping them properly tuned. O. Use low sulfur fuel for equipment, to the extent practicable. MM III -3 52 Ongoing during demolition and construction, in the event that hazardous waste, Fire Department including asbestos, is discovered during site preparation or construction, the property owner /developer shall ensure that the identified hazardous waste and /or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and according to the requirements of the California Administrative Code, Title 30, Chapter 22. MM VII -1 53 The property owner /developer shall ensure that all internal combustion engines Planning on construction equipment and trucks are fitted with properly maintained Department, mufflers. MM XII -2 Planning Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 54 The property owner /developer shall participate in an assessment district for Public Works landscape installation and maintenance if one is established for the Anaheim Department, Resort. MM I -3 Resort Services 55 The property owner /developer shall submit a letter from a licensed landscape Planning architect to the City, certifying that the landscape installation and irrigation Department, systems have been installed as specified in the approved landscaping and Planning irrigation plans. MM VIII -4 Services Division 56 The property owner /developer shall submit a noise study prepared by a certified Planning acoustical engineer to the satisfaction of the Building Division identifying Department, whether noise attenuation is required and defining the attenuation measures and Building specific performance requirements, if warranted, to comply with the Uniform Division Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise - sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property owner /developer prior to final building and zoning inspections. MM XII -1 57 The property owner /developer shall place emergency telephone service numbers Fire Department in prominent locations as approved by the Fire Department. MM XIV -8 58 A parking management plan shall be submitted to the Planning Department, Planning Planning Services Division for review and approval to accommodate the peak Department, - is- PC2012 -072 -19- PC2012 -072 demand during the month of December as indicated in the parking study. The Planning parking management plan shall continue to be in place throughout the project Services Division operation. These options include: • Encourage hotel staff to carpool during this time or provide off -site shuttle service for employees to a commuter parking lot. • Utilization of the two loading areas as parking spaces for employees. Because the peak hour is late in the evening, the loading areas will not be needed for deliveries. • Valet or attendant assisted parking for employees which would utilize a stacked parking scenario for employee vehicles. ONGOING DURING PROJECT OPERATION 59 The property owner /developer shall implement measures to reduce emissions to Public Works the extent practical, schedule goods movement for off -peak traffic hours, and use Department, clean fuel for vehicles and other equipment, as practicable. MM III -1 Traffic and Transportation Division 60 The property owner /developer shall provide for the following: cleaning of all Public Works paved areas not maintained by the City of Anaheim on a monthly basis, including, Department, but not limited to, private streets and parking lots. The use of water to clean Development streets, paved areas, parking lots, and other areas and flushing the debris and Services Division sediment down the storm drains shall be prohibited. MM VIII -3 61 If and when is becomes available from the County Sanitation District of Orange Planning County, the property owner /developer shall install piping onsite with project Department, water mains so that reclaimed water may be used for landscape irrigation. MM Building Division VIII -5 62 The property owner /developer shall provide private security on the premises to Police maintain adequate security for the entire project subject to review and approval of Department the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. MM XIV -10 63 All landscaping for projects located within the Proposed Project shall utilize Planning drought tolerant plant materials within a plant factor of 0.5 or less pursuant to Department, the publication entitled "Water Use Classification of Landscape Species" by the Planning Services U.C. Cooperative Extension, August 2000. MM XVII -1 Division 64 All new development within the Proposed Project shall include water efficient Planning design features including, but not limited to (as applicable to the type of Department, development at issue) waterless water heaters, waterless urinals, automatic on Planning Services and off water facets, and water efficient appliances. MM XVII -2 Division 65 The following practices shall be implemented, as feasible, by the property Public Works, owner /developer: Streets and A. Usage of recycled paper products for stationary, letterhead, and Sanitation packaging. Division B. Recovery of materials such as aluminum and cardboard. C. Collection of office paper for recycling. D. Collection of polystyrene (foam) cups for recycling. -19- PC2012 -072 -20- PC2012 -072 E. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. MM XVH -13 66 All entrances to parking areas shall be posted with appropriate signs per 22658(a) Police C.V.C., to assist in removal of vehicles at the property owners /managers request. Department 67 "No Trespassing 602(k) P.C." posted at the entrances of parking lots /structures Police and located in other appropriate places. Signs must be at least 2' x 1' in overall Department size, with white background and black 2" lettering. 68 Minimum recommended lighting level for covered portions of all parking Police structures is 1 foot - candle maintained, measured at the parking surface, with a Department maximum to minimum ratio no greater than 10:1. 69 Rooftop address numbers for the police helicopter. Minimum size 4' in height and Police 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers Department shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 70 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and Police return it to the Police Department prior to initial alarm activation. This form is Department available at the Police Department front counter, or it can be downloaded from the following web site: htty : / /www.anaheim.net/article.asp ?id =678 71 The subject Property shall be developed substantially in accordance with plans Planning and specifications submitted to the City of Anaheim by the petitioner and which Department, plans are on file with the Planning Department, and as conditioned herein. Planning Services 72 Extensions for further time to complete conditions of approval may be granted in Planning accordance with Section 18.60.170 of the Anaheim Municipal Code. Department, Planning Services 73 That timing for compliance with conditions of approval may be amended by the Planning Department, Planning Director upon a showing of good cause provided (i) equivalent timing is Planning established that satisfies the original intent and purpose of the condition(s), (ii) the Services modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 74 Approval of this application constitutes approval of the proposed request only to Planning Department, the extent that complies with the Anaheim Municipal Zoning Code and any other Planning applicable City, State and Federal regulations. Approval does not include any Services action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -20- PC2012 -072