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Resolution-PC 2013-011RESOLUTION NO. PC2013 -011 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY - APPROVED MITIGATED NEGATIVE DECLARATION, TOGETHER WITH MITIGATION MONITFORING PROGRAM NO. 156 AND THE UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 156A, SERVE AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING FINAL SITE PLAN NO. 2008 -00004 (TRACKING NO. FSP2008- 00004B) (1820 SOUTH HARBOR BOULEVARD) WHEREAS, on March 2, 2009, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") adopted its Resolution No. PC2009 -039 for the approval of a Final Site Plan to construct a nine -story, 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 generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Original Project'); and, WHEREAS, on March 31, 2009, the City Council of the City of Anaheim adopted Resolution No. 2009 -059 granting Final Site Plan No. 2008 -00004 for the Original Project; and, 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 "Original Entitlements "); and, WHEREAS, on July 16, 2012, the Planning Commission approved a request to extend the time to comply with the conditions of approval for the Original Entitlements, including Final Site Plan No. 2008 - 00004, by two years to March 31, 2014 (herein referred to and designated as "Final Site Plan No. 2008- 00004A "); and, WHEREAS, the Planning Commission did receive a verified petition to further amend Final Site Plan No. 2008 -00004 (hereinafter referred to "Final Site Plan No. 2008- 00004B ") to reflect revised plans to construct a 5- story, 252 -room hotel with 28,647 square feet of accessory uses; and, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 28, 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 Anaheim Municipal Code, to hear and consider evidence for and against said proposed Final Site Plan No. 2008- 00004B and to investigate and make findings and recommendations in connection therewith; and, WHEREAS, the Planning Commission has reviewed the proposed Final Site Plan No. 2008- 00004B 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 the Original Entitlements, together with the 1 - PC2013 -011 Updated and Modified Mitigation Monitoring Program No. 156A in the form presented at this meeting, 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 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; 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, does find and determine the following facts: 1. That the request to construct a 252 -room hotel with 28,647 square feet of accessory uses, including supporting retail, restaurants, meeting rooms and hotel offices complies with the Anaheim Resort Specific Plan (SP92 -2), contingent upon and subject to the approval of amendments to Conditional Use Permit No. 2009- 05403, Variance No. 2008 - 04761, and Public Convenience and Necessity No. 2009 - 05403, now pending; and 2. That the proposed 252 -room hotel with 28,647 square feet of accessory uses will be compatible with hotels within the Anaheim Resort Specific Plan. Moreover, the proposed project has been designed to have an attractive appearance from both Harbor Boulevard and Katella Avenue to preserve and enhance The Anaheim Resort. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, for the reasons hereinabove stated, does hereby approve Final Site Plan No. 2009- 05403B, contingent upon and subject to the conditions of approval described in Exhibit B and the mitigation measures described in Exhibit 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 Final Site Plan No. 2008- 00004B is contingent upon and subject to the approval of the amendments to Conditional Use Permit No. 2009 - 05403, Variance No. 2008 - 004761, and Public Convenience and Necessity No. 2009- 00056, now pending; and BE IT FURTHER RESOLVED, that Final Site Plan No. 2009- 05403B is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of Final Site Plan No. 2009- 05403B 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. -2- PC2013 -011 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 January 28, 2013. 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. CHAIR PR (YTEMPORE, ANAHEIM CITY PLANNING COMMISSION ATTEST: — 1 ; , , " /" SENIOR ECRETARY, 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 January 28, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of January, 2013. SENIOR SEMETARY, ANAHEIM COMMISSION 3- PC2013 -011 EXHIBIT "A" DEV NO. 2012 -00141 APN: 137 - 171 -24 137- 171 -29 137- 171 -31 W KATELLA AVE J 5545' m a iV 0 F � m � Q 2 535' I Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -4- PC2013 -011 EXHIBIT `B" DEN NO. 2012 -00141 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF GRADING PERMITS 1 The property owner /developer shall demonstrate that coverage has Public Works, been obtained under California's General Permit for Stormwater Development Discharges Associated with Construction Activity by providing a Services copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. 2 The property owner /applicant shall submit for review and approval a Public Works, Final Water Quality Management Plan that: Development • Addresses Site Design Best Management Practices (BMPs) Services such as minimizing impervious areas, maximizing Planning 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 (DAMP). • 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 -tern operation and maintenance of the Treatment Control BMPs. 3 There is no backflow prevention device on the existing 3 -inch water Public meter serving the property. If the property owner /developer plans to Utilities, Water re -use the service, a lead -free backflow prevention device meeting the Engineering City of Anaheim's requirements shall be installed on the meter prior to issuance of building or grading permits, whichever comes first. Additionally, the meter is substandard and shall be upgraded per City Standards (above ground, on private property behind setback, and in an easement). Otherwise, the service shall be abandoned cut, and capped at the main and the vault shall be backfilled per City of Anaheim standards. 4 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 requirements. PRIOR TO ISSUANCE OF BUILDING PERMITS -5- PC2013 -011 5 Plans shall specifically indicate that all vehicular ramps and grades Public Works, conform to all applicable Engineering Standards. Traffic and Transportation 6 Plans for the parking structure shall demonstrate that at -grade ducts Public Works, and overhead pipes shall not encroach in the parking space areas or Traffic and required vehicle clearance areas. Transportation 7 The property owner /developer shall comply with Ordinance No. 5209 Public Works, and Resolution No. 91R -89 relating to the Transportation Demand Traffic and Management (TDM) by providing on -site taxi and shuttle bus loading Transportation zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. The project shall provide a taxi/shuttle loading area and a separate bus bay on site acceptable to the City Traffic and Transportation Manager for hotel shuttle busses to transport guests to and from tourist attractions and local airports. 8 The legal property owner shall irrevocably offer to dedicate to the Public Works, City of Anaheim and easement for street, public utility and other Development public purposes for the widening of Katella Avenue and Harbor Services Boulevard to its ultimate right -of -way of 83 feet from the streets centerline. 9 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. 10 All existing structures shall be demolished. The developer shall obtain Public Works, a demolition permit from the Building Division. Development Services 11 All structural BMPs of the WQMP shall be reviewed and approved by Public Works, the City's Operation and Maintenance Division. Development Services 12 The City shall have final authority over the selection of pavers installed Public Works, in the public right -of -way. Consideration for appearance, size, shape Development and other physical properties, shall be taken into account. Services Recommendations shall be made by the project proponent and City approval shall be made through the required street improvement plans. 13 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 Services City Engineer and a form approved by the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. -6- PC2013 -011 14 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 15 Street improvement plans shall be submitted for all required public Public Works, works improvements; including traffic signal and related improvements, Development striping, storm drain, sewer, landscape and irrigation improvements, to Services the Public Works Department, Development Services Division for review and approval. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. The improvements shall be constructed prior to final building and zoning inspections. 16 The property owner /developer shall enter into an encroachment license Public Works, agreement with the City of Anaheim for all non - standard improvements Development proposed in the public right of way. Services 17 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. 18 The applicant/developer shall abandon any existing City of Anaheim Public Works, Public Utilities easements conflicting with building footprints. Development Services 19 Plans shall demonstrate that fire lanes shall be posted with "No Public Works, Parking Any Time." Said information shall be specifically shown on Traffic and plans submitted for building permits. Transportation 20 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. 21 A private water system with separate water service for fire protection Public and domestic water shall be provided. Utilities, Water Engineering 22 All backflow equipment shall be located above ground outside of the Public street setback area in a manner fully screened from all public streets Utilities, Water and alleys. Any backflow assemblies currently installed in a vault Engineering will have to be brought up to current standards. Any other large water system equipment shall . be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water -7- PC2013 -011 -8- PC2013 -011 Engineering and Cross Connection Control Inspector. 23 All request for new water services or fire lines, as well as any Public modifications, relocations, or abandonments of existing water Utilities, Water services and fire lines, shall be coordinated through the Water Engineering Engineering Division of the Anaheim Public Utilities Department. 24 This is a non - individual homeowner project with a landscaping area Public (including pools or other Water features) exceeding 2,500 square feet, Utilities, Water a Landscape Documentation Package and a Certificate of Completion Engineering are required and a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. 25 The landscaping shall be provided around the above ground large Public meter or fire service to shield from street view. Utilities, Water Engineering 26 This project is located in the Anaheim Resort Area, installation of Public large meters and fire service assemblies must comply with the Utilities, Water screening requirements of Ordinance No. 5156 and Chapter 18.116 of Engineering the Anaheim Municipal Code. 27 All existing water services and fire services shall conform to current Public Water Services Standards Specifications. Any water service and/or Utilities, Water fire line that does not meet current standards shall be upgraded if Engineering continued use is necessary of abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 28 The property owner /developer shall contact Water Engineering for Public recycled water system requirements and specific water conservation Utilities, Water measures to be incorporated into the building and landscape Engineering construction plans. 29 The applicant/developer shall install, bond for, or otherwise secure Public on -site electrical facilities in accordance with the City of Anaheim Utilities, Public Utility Electric Rates, Rules and Regulations, and provide Electrical written evidence of this fact to the Public Utilities Department. Engineering 30 The applicant/developer shall coordinate with the Electrical Public Engineering Division to ensure that there will be no conflicts with the Utilities, underground electrical systems and to establish electrical service Electrical requirements and obtain electrical distribution plans. Engineering -8- PC2013 -011 31 Plans shall indicate that above - ground utility devices are located on Public private property and outside any required setback areas unless Utilities, otherwise allowed by the Code. The above - ground utility devices Electrical shall be specifically shown on construction plans in locations Engineering 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. 32 The applicant/developer shall coordinate its service requirements and Public relocation issues with the City of Anaheim Public Utilities Utilities, Department and the other utility companies involved. Electrical Engineering 33 Building plans shall show that the property shall be served with Public underground utilities per the Electrical Rates, Rules, and Regulations, Utilities, and the City of Anaheim Underground Policy, with installation prior Electrical to the first final building and zoning inspection. Engineering 34 The applicant/developer shall incorporate the following energy saving Public practices into building plans. The applicant/devetoper shall Utilities, implement, to the extent feasible, these energy saving practices, in Electrical compliance with Title 10 of the Anaheim Municipal Code, prior to Engineering 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. PRIOR TO APPLYING FOR THE FIRST WATER METER OR FIRE SERVICE OR FIRST SUBMITTAL OF THE WATER IMPROVEMENT PLANS 35 The property owner /developer shall submit to the Public Utilities Public Department, Water Engineering Division and estimate of the Utilities, Water maximum fire flow rate and maximum day and peak hour water Engineering demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off -site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. PRIOR TO APPROVAL OF WATER IMPROVEMENT PLAN 36 The owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above - ground water meters and fire hydrants, including a five (5) -foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement -9- PC2013 -011 - 10- PC2013 -011 for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during excavation, repair or replacement of City - owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC & Rs for the project. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 37 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 • 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. 38 The installation of new electrical facilities systems shall be timed to Public coincide with the level of development that would require this Utilities, improvement, to the satisfaction of the Anaheim Public Utilities Electrical Department and other utility companies. Engineering 39 The applicant/developer shall provide the City of Anaheim with a Public public utilities easement (per final electric design), along/across high Utilities, voltage lines, low voltage lines crossing private property, and around Electrical all padmounted transformers, switches, capacitors, etc. Said easement Engineering 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. 40 A Burglary/Robbery Alarm Permit application, Form APD 516 shall Police be completed and returned to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: www. anaheim.net/article.asp ?id -678 ONGOING DURING PROJECT OPERTATION 41 Parking area shall be equipped with lighting of sufficient power to Police illuminate and make easily discernible the appearance and conduct of - 10- PC2013 -011 - 11- PC2013 -011 all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. 42 Compliance with AMC 6016, the Anaheim Public Safety Radio Police System Coverage Ordinance is required. To request a copy of the ordinance, contact Officer Budds at (714) 765 -3859 or mbudds @anaheim.net A copy of the ordinance can also be viewed/downloaded online through the City of Anaheim web site under "City Records ": www.anaheim.net 43 Parking structures should have clearly marked emergency stations Police with hands free, two -way communication with Security /Police. These should be placed adjacent to stairway landings and appropriately spaced throughout the structure. 44 All entrances to parking areas shall be posted with appropriate signs Police per 22658(a) C.V.C., to assist in removal of vehicles at the property owner /managers request. 45 "No Trespassing 602(k) P.C." shall be posted at the entrances of Police parking lots /structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. 46 Minimum recommended lighting level for covered portions of all Police parking structures is 1 foot - candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 10:1. 47 Rooftop address numbers for the police helicopter shall be provided Police at a minimum size of 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers 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. 48 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 49 No required parking areas shall be fenced or otherwise enclosed for Planning outdoor storage uses. GENERAL 50 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 - 11- PC2013 -011 51 The applicant shall comply with the measures and timing in Planning Mitigation Monitoring Program No. 156A, attachment "C" of this resolution. 52 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 and as conditioned herein. 53 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. 54 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. 55 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. -12- PC2013 -011 MITIGATION MONITORING PROGRAM NO. 156A Exhibit "C" MITIGATION MONITORING PROGRAM NO. 156A MITIGATE NEGATIVE DECLARATION SCH 2009 - 011077 Terms and Definitions: 1. Property Owner /Developer — The Property Owner and /or Developer of 1800 -1820 South Harbor Boulevard. 2. Environmental Equivalent/Timing - Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency /timing shall be borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 3. Timing - This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring - Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures - The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner /developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction ", the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit - For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion I. AESTHETICS 1 Prior to Issuance of The property Owner /Developer shall submit plans which detail the Planning a Building Permit lighting system for any parking facilities adjacent to residential or 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. 3 Prior to Issuance of The property owner /developer shall submit plans which illustrate that Planning Each Building all mechanical equipment and trash areas for the subject building(s) Permit will be screened from adjacent public streets and adjacent residential areas. Screening shall be installed prior to final building and zoning inspection. 4 Prior to Issuance of The property owner /developer shall submit a landscape and irrigation Planning Each Building plan which shall be prepared and certified by a licensed landscape Permit architect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscape and irrigation plans shall include water - conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, 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. MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 5 Prior to Submittal of The property owner /developer shall submit a shade and shadow Planning Each Final Site Plan analysis to the Planning Department for review and approval demonstrating that the proposed structure(s) 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. 6 Prior to the Final The property owner /developer shall participate in the Anaheim Planning Building and Zoning Assessment District for landscape installation and maintenance. Inspection II. AGRICULTURE RESOURCES —No Mitigation Measures Required III. AIR QUALITY 7 Ongoing During The property owner /developer shall implement measures to reduce Traffic and Project Operation 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. 8 Prior to Issuance of The property owner /developer shall submit evidence that low emission Building Each Building paints and coatings are utilized in the design of buildings, in Permit; and, compliance with SCAQMD regulations. This information shall be Ongoing During denoted on the project plans and specifications. The property Construction owner /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. MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 9 Ongoing During The property owner /developer shall implement measures to reduce Development Construction construction - related air quality impacts. These measures shall include, Services but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust Building 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. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second 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 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion construction. I. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) 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. 10 Prior to Approval of The property owner /developer shall submit Demolition and Development Each Grading Plan Import/Export Plans, if determined to be necessary by the Public Services (for Import/Export Works Department. The plans shall include identification of offsite Plan) and Prior to locations for materials export from the project and options for disposal Issuance of of excess material. These options may include recycling of materials Demolition Permit onsite, sale to a soil broker or contractor, sale to a project in the vicinity (for Demolition or transport to an environmentally cleared landfill, with attempts made Plan) 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. 11 Prior to Issuance of The property owner /developer shall comply with all SCAQMD offset Planning (for Each Building regulations and implementation of Best Available Control Technology verification of Permit (BACT) and Best Available Retrofit Control Technology (BARCT) for permit application any new or modified stationary source. Copies of permits shall be and receipt) given to the Planning Department. MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 12 Prior to Issuance of The property owner /developer shall implement, and demonstrate to the Resource Efficiency Each Building City, measures that are being taken to reduce operation - related air Permit quality impacts. These measures may include, but are not limited to, Planning the following: 1. 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. 13 Prior to Issuance of Implementation of energy conservation techniques (i.e., installation of Resource Efficiency a Building Permit energy saving devices, construction of electrical vehicle charging stations, use of sunlight filtering window coatings or double -paned Planning 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. 14 Prior to Issuance of The applicant shall incorporate project features and commitments as Planning Building Permits described in Table AQ -7, attached hereto. IV. BIOLOGICAL RESOURCES 16 Prior to Issuance of If the ornamental trees on the project site are proposed to be removed Planning a Grading Permit during the nesting season, (February 1 to June 30), prior to site clearance /grading a qualified Biologist shall be required to inspect the trees prior to removal to ensure no nesting birds are present. If an active nest is present, then the Biologist will identify appropriate minimization measures to the satisfaction of the City of Anaheim Planning Department. V. CULTURAL RESOURCES 17 Prior to Approval of The property owner /developer shall submit a letter identifying the Development Each Grading Plan certified archaeologist that has been hired to ensure that the following Services actions are implemented: a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 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. 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. 18 Prior to Approval of The property owner /developer shall submit a letter identifying the Development Each Grading Plan certified paleontologist that has been hired to ensure that the following Services actions are implemented: a. The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the 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. MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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. VI. GEOLOGY AND SOILS 19 Prior to Issuance of The property owner /developer shall submit plans showing that the Building Each Building proposed structure has been analyzed for earthquake loading and Permit designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. 20 Prior to Approval of The property owner /developer shall submit to the City Engineer for Development Each Grading Plan review and approval, a soils and geological report for the area to be Services graded, based on proposed grading and prepared by an engineering geologist and geotechnical engineer. All grading shall be in conformance with Title 17 of the Anaheim Municipal Code. 21 Prior to Issuance of The property owner /developer shall submit for review and approval, Building Each Building detailed foundation design information for the subject building(s), Permit prepared by a civil engineer, based on recommendations by a geotechnical engineer. 22 Prior to Issuance of The property owner /developer shall submit a report prepared by a Building Each Foundation geotechnical engineer for review and approval which shall investigate Permit 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. 23 Ongoing During The property owner /developer shall implement standard practices for Fire Grading Activities all applicable codes and ordinances to prevent erosion to the satisfaction of the Public Works Department, Development Services Division. 24 Prior to Final The property owner /developer shall submit an earthquake emergency Fire Building and Zoning response plan for review and approval. The plan shall require posted Inspection for a notices in hotel rooms on earthquake safety procedures and Hotel /Motel incorporate ongoing earthquake training for hotel staff. VII. HAZARDS AND HAZARDOUS MATERIALS 25 Ongoing during In the event that hazardous waste, including asbestos, is discovered Fire demolition and during site preparation or construction, the property owner/de shall ensure that the identified hazardous waste and /or hazardous MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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. 26 Prior to approval of The property owner /developer shall submit a plan for review and Fire the first grading approval to the Environmental Protection Section of the Fire plan or issuance of Department which details procedures that will be taken if a previously the first demolition unknown USTs, or other unknown hazardous material or waste, is permit, whichever discovered onsite. occurs first 27 Prior to approval of The Property owner /developer shall provide an Asbestos Identification Fire the first grading Survey to the Environmental Protection Section of the City of Anaheim plan or issuance of Fire Department. This Survey shall detail procedures that will be taken the first demolition if previously unknown underground storage tanks (USTs), or other permit, whichever unknown hazardous material or waste is discovered. occurs first MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion VIII. HYDROLOGY AND WATER QUALITY 28 Prior to issuance of The Landowner or subsequent project property owner /developer shall Development grading permits prepare a Storm Water Pollution Prevention Plan ( SWPPP) that will: Services • Require implementation of Best Management Practices (BMPs) designed with a goal of preventing a net sediment load increase in storm water discharges relative to preconstruction levels; • Prohibit, during the construction period, discharges of storm water or non -storm water at levels which would cause or contribute to an exceedance of applicable water quality standards contained in the Basin Plan; • 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. 29 Prior to the initiation The property owner /developer shall ensure compliance with all Development of grading, and recommended structural and non - structural Best Management Services throughout the Practices identified in the Water Quality Management Plan (WQMP). duration of project construction 30 Prior to Approval of The property owner /developer shall obtain coverage under the NPDES Development Grading Plan or Statewide Industrial Stormwater Permit for General Construction Services Issuance of Activities from the State Water Resources Control Board. Evidence of Demolition Permit; attainment shall be submitted to the City Engineer. and, During Clearing 10 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 31 During Project The property owner /developer shall provide for the following: cleaning Streets and Operations of 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. 32 Prior to Each Final The property owner /developer shall submit a letter from a licensed Planning Building and Zoning landscape architect to the City certifying that the landscape installation Inspection and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 33 Prior to Final The property owner /developer shall install piping onsite with project Resource Efficiency Building and Zoning water mains so that reclaimed water may be used for landscape Inspection irrigation, if and when it becomes available from the County Sanitation District of Orange County. 34 Prior to Approval of The property owner /developer shall submit a Master Drainage and Development First Grading Plan Runoff Management Plan (MDRMP) for review and approval by the Services or Issuance of First Public Works /Engineering Department, Development Services Division Building Permit, and Orange County Environmental Management Agency. The Master Whichever Occurs Plan shall include, but not be limited to, the following items: First 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. IX. LAND USE AND PLANNING — No Mitigation Measures Required X. MINERAL RESOURCES - No Mitigation Measures Required XI. NOISE 35 Ongoing During Noise generated by construction activity shall be limited by the property Code Enforcement Demolition, Grading owner /developer to 60 dBA along the property boundaries, before and Construction 7:00 a.m. and after 7:00 p.m., as governed by Chapter 6.70, Sound Building (verification Pressure Levels, of the Anaheim Municipal Code. of notes on plans) 11 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 36 Prior to Issuance of An 8- foot -high perimeter or portable construction barrier shall be Building Each Building provided by the property owner /developer along boundaries of Permit construction areas which have noise - sensitive land uses adjacent to them to minimize noise impacts. 37 Ongoing During The property owner /developer shall ensure that all internal combustion Building Project Construction engines on construction equipment and trucks are fitted with properly maintained mufflers. 38 Prior to Issuance of The property owner /developer shall ensure that all mechanical Building Each Building ventilation units are shown on plans and installed in compliance with Permit the Sound Pressure Levels Ordinance. 39 Ongoing During The property owner shall ensure that large bulldozers, large heavy Building Project Construction trucks, and other similar equipment not be used within 20 feet of the built or occupied parts of Islander Inn Suites. The work shall be done with medium -sized equipment or smaller within this distance. 40 Ongoing During The property owner shall ensure the provision of an 8- foot -high Building Project Construction 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. XII. POPULATION AND HOUSING - No Mitigation Measures Required XIII. PUBLIC SERVICES 41 Prior to approval of The water supply system shall be designed by the property Fire water improvement owner /developer to provide sufficient fire flow pressure and storage for plans the proposed land use and fire protection in accordance with Fire Department requirements. 12 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 42 Prior to Onsite fire hydrants shall be installed and charged by the property Fire commencement of owner /developer as required and approved by the Fire Department. structural framing on each parcel or lot 43 Prior to approval of The property owner /developer shall submit an emergency fire access Fire each grading plan plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 44 Prior to issuance of Plans shall indicate that all buildings shall have sprinklers installed by Fire each building permit the property owner /developer in accordance with Anaheim Municipal and to be Code. Said sprinklers shall be installed prior to each final building and implemented prior zoning inspection. to final building and zoning inspection 45 Prior to issuance of Plans shall be submitted to ensure that development is in accordance Fire each building permit with the City of Anaheim Fire Department Standards, including: A Overhead clearance shall not be less than 14 feet for the full width of access roads. D Adequate off -site public fire hydrants contiguous to the Specific Plan 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. E 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. 46 Prior to issuance of The property owner /developer shall submit a Construction Fire Fire a building permit Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 47 Prior to each final The property owner /developer shall place emergency telephone Fire building and zoning service numbers in prominent locations as approved by the Fire inspection Department. 48 Prior to approval of The property owner /developer shall submit plans to the Police Police each final site plan Department for review and approval for the purpose of incorporating and issuance of safety measures in the project design including the concept of crime each building permit prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 49 Ongoing during Ongoing during project operation, the property owner /developer shall Police project operation provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 50 Prior to issuance of The project design shall include parking lots with controlled access Police each building permit 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. 51 Prior to issuance of The property owner /developer shall provide proof of compliance with Building each building permit Government Code Section 53080 (schools) to the Building Division of the Planning Department. XIV. RECREATION No Mitigation Measures Required XV. TRANSPORTATIONITRAFFIC 52 Prior to Issuance of Appropriate Traffic Signal Assessment Fees and Traffic Impact and Traffic and Each Building Improvement Fees shall be paid by the property owner /developer to Transportation Permit the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the property owner /developer; and, participate in all applicable reimbursement or benefit districts which have been established. 53 Prior to Approval of The property owner /developer shall irrevocably offer for dedication Development First Final (with subordination of easements), including necessary construction Services Subdivision Map or easements, the ultimate right(s) -of -way as shown in the Circulation Issuance of First Element of the Anaheim General Plan adjacent to their property. 14 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion Building Permit, Whichever Occurs First 54 Ongoing During If the Anaheim Police Department or Anaheim Traffic Management Police Construction Center (TMC) personnel are required to provide temporary traffic control services, the property owner /developer shall reimburse the City, Traffic and on a fairshare basis, if applicable, for reasonable costs associated with Transportation such services. 55 Prior to Issuance of The property owner /developer shall fully fund the implementation of Traffic and Each Building Intelligent Transportation Systems (ITS) improvements at and adjacent Transportation Permit 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. 15 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 56 Prior to the first final The property owner /developer shall provide proof of participation in the Traffic and building and zoning Anaheim Transportation Network (ATN). Transportation inspection and ongoing during Ongoing during project operations, every property owner and /or lessee project operation 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. 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 requirements of this 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 Ongoing during The property owner /developer shall implement and administer a Traffic and project comprehensive Transportation Demand Management (TDM) program Transportation implementation with for all employees. Objectives of the TDM program shall be: verification by participating Increase ridesharing and use of alternative transportation lessees 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. Ir- MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion Documentation indicating compliance with this mitigation measure shall be included in the annual monitoring report ongoing during project operation. XVI. UTILITIES AND SERVICE SYSTEMS 58 Prior to the The property Owner /Developer shall coordinate with all utility providers Building issuance of building to ensure avoidance of any notable service disruptions during the permits and extension, relocation, upgrading of, or connection to services. throughout the construction process 59 Prior to the The project shall be subject to the fees, terms and conditions of the Public Utilities, issuance of building Anaheim Resort Area Water Supply Assessment (currently under Water permits 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 property owner /developer shall also be subject to the requirements of the Orange County Water District and the Metropolitan Water District of Southern California. 17 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 60 Prior to Issuance of The property owner /developer shall submit project plans to the Streets and Each Building Maintenance Department for review and approval to ensure that the Sanitation Permit; to be plans comply with AB 939, the Solid Waste Reduction Act of 1989, as Implemented Prior administered by the City of Anaheim and the County of Orange and to Final Building City of Anaheim Integrated Waste Management Plans. Prior to final and Zoning building and zoning inspection, implementation of said plan shall Inspection commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: A. Detailing the location and design of on -site recycling facilities. B. Providing on -site recycling receptacles to encourage recycling. C. Complying with all Federal, State and City regulation for hazardous material disposal. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner /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. 61 Ongoing During The following practices shall be implemented, as feasible, by the Resource Efficiency Project Operation property owner /developer: • Usage of recycled paper products for stationery, letterhead, and packaging. • Recovery of materials such as aluminum and cardboard. is MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion • 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. 62 Prior to Issuance of The property owner /developer shall submit plans showing that each Building Each Building structure will comply with the State Energy Efficiency Standards for Permit; to be Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Resource Efficiency Implemented Prior Regulations); and, will consult with the City of Anaheim Utilities to Each Final Department, Resource Efficiency Division in order to review above Title Building and Zoning 24 measures to incorporate into the project design including energy Inspection efficient designs. 63 Prior to Final The property owner /developer shall implement energy- saving practices Building Building and Zoning in compliance with Title 24, which may include the following: Inspection Use of high- efficiency air conditioning systems controlled by a Resource Efficiency 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 TB lamps and electronic ballasts. Metal halide or high - pressure sodium for outdoor lighting and parking lots. 64 Prior to Issuance of The property owner /developer shall install an underground electrical Electrical Each Building service from the Public Utilities Distribution System. The Underground Engineering Permit for Any Service will be installed in accordance with the Electric Rules, Rates, Building Requiring a Regulations and Electrical Specifications for Underground Systems. Change in Electrical Electrical Service Fees and other applicable fees will be assessed in Service accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 65 Prior to Each Final The Southern California Gas Company has developed several Building Building and Zoning programs which are intended to assist in the selection of the most Inspection energy- efficient water heaters and furnaces. The property owner /developer shall implement a program, as required, to reduce the 19 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion demand on natural gas supplies. 66 Prior to Issuance of The property owner /developer shall demonstrate on plans that fuel Building each building permit efficient models of gas - powered building equipment have been incorporated into the project, to the extent feasible. 67 Prior to Each Final A study of area television reception shall be undertaken by the property Development Building and Zoning owner /developer and submitted to the City Engineer for review and Services Inspection approval. If the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences and other existing hotels /restaurants or other businesses, a signal booster or relay system shall be installed by the property owner /developer immediately 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. 20 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 68 Prior to approval of The property owner /developer shall participate in the City's Master Development a final subdivision Plan of Storm Drains and related Infrastructure Improvement (Fee) Services map, or issuance of Program to assist in mitigating existing and future storm drainage a grading or system deficiencies as follows. building permit, whichever occurs The property owner /developer shall submit a report for review and first 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 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, 21 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion including support calculations; (3) construction phasing; and, (4) construction estimates. (Note: The City has adopted the Storm Drain Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the property owner /developer (per Ordinance No. 5491 and Resolution No. 95R -61 dated April 18, 1995) shall satisfy the requirements of this mitigation measure). 69 Prior to Issuance of The property owner /developer shall submit plans showing that each Building Each Building structure will comply with the State Energy Efficiency Standards for Permit; to be Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Implemented Prior Regulations); and, will consult with the City of Anaheim Utilities to Each Final Department, Resource Efficiency Division in order to review above Title Building and Zoning 24 measures to incorporate into the project design including energy Inspection efficient designs. 70 Prior to Final The property owner /developer shall implement energy- saving practices Building Building and Zoning in compliance with Title 24, which may include the following: Inspection 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 lightswitch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal hallide or high - pressure sodium for outdoor lighting and parking lots. 71 Prior to Issuance of The property owner /developer shall install an underground electrical Electrical Each Building service from the Public Utilities Distribution System. The Underground Engineering Permit for Any Service will be installed in accordance with the Electric Rules, Rates, Building Requiring a Regulations and Electrical Specifications for Underground Systems. Change in Electrical Electrical Service Fees and other applicable fees will be assessed in Service accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 72 Prior to Installation I The property owner /developer shall submit evidence that the Electrical MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion of Any transformers are PCB free. Engineering Transformers 73 Prior to Each Final The Southern California Gas Company has developed several Resource Efficiency Building and Zoning programs which are intended to assist in the selection of the most Inspection energy- efficient water heaters and furnaces. The property owner /developer shall implement a program, as required, to reduce the demand on natural gas supplies. 74 Prior to Approval of The property owner /developer shall submit a letter identifying the Development Each Grading Plan. certified archaeologist that has been hired to ensure that the following Services actions are implemented: The archaeologist must be present at the pre - grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and /or salvage. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. 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. 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. 75 Prior to Approval of The property owner /developer shall submit a letter identifying the Department Each Grading Plan. certified paleontologist that has been hired to ensure that the following Services actions are implemented: The paleontologist must be present at the pre - grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if 23 MITIGATION MONITORING PROGRAM NO. 156A Mitigation Measure Responsible for Number Timing Measure Monitoring Completion 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. L Specimens that are collected prior to or during the grading process will .L be donated to an appropriate educational or research institution. 24 TABLE AQ -7 ATTORNEY GENERAL'S RECOMMENDED PROJECT -LEVEL MEASURES ID Suggested Mitigation Measures This project Energy Efficiency GCC -1 -1 Design buildings to be energy efficient. Site buildings to take advantage YES, Building floor plan is oriented having the long direction running of shade, prevailing winds, landscaping and sun screens to reduce east/west. The majority of glass is on the north side. South- and west - facing energy use. glass will be heat - reducing, Low -E type, with shading coefficients responding to orientation. West- facing glass is limited to a narrow building end exposure. GCC -1 -2 Install efficient lighting and lighting control systems. Use daylight as an YES, Guest rooms will employ an occupancy -based lighting control system. integral part of lighting systems in buildings. Guest rooms also have significant access to daylight. Primary meeting and entertainment spaces are located on the top floor of the hotel allowing day lighting with skylights into pre- function and gathering areas. Other public spaces and corridors will employ high efficiency fluorescent lighting. GCC -1 -3 Install light colored "cool" roofs, cool pavements, and strategically placed YES, Hotel roofs will be comprised of "cool roof' materials with SRI meeting shade trees LEED criteria. GCC -1 -4 Provide information on energy management services for large energy N/A users. GCC -1 -5 Install energy efficient heating and cooling systems, appliances and YES, Mechanical heating and cooling systems will be central plant based equipment, and control systems. high efficiency systems. Guest rooms will be provided with automatic set- back controls to reduce energy use in unoccupied rooms. GCC -1 -6 Install light emitting diodes (LEDs) for traffic, street and other outdoor NOT PROPOSED BY APPLICANT lighting. GCC -1 -7 Limit the hours of operation of outdoor lighting. NO GCC -1 -8 Use solar heating, automatic covers, and efficient pumps and motors for YES, The pool will use solar- assisted heating with efficient pumps and filter pools and spas. equipment. GCC -1 -9 Provide education on energy efficiency. YES, Hotel website and literature will feature energy conservation strategies as part of the Guest information and education program. Renewable Energy GCC -1 -10 Install solar and wind power systems, solar and tankless hot water heaters, and energy - efficient heating ventilation and air conditioning. NOT PROPOSED BY APPLICANT Educate consumers about existing incentives. GCC -1 -11 Install solar panels on carports and over parking areas. N/A GCC -1 -12 Use combined heat and power in appropriate applications. N/A Water Conservation and Efficiency GCC -1 -13 Create water - efficient landscapes. YES, Landscape areas are very limited and include water efficient plantings and irrigation systems. Turf areas are minimal. -25- ID Suggested Mitigation Measures This project GCC -1 -14 Install water - efficient irrigation systems and devices, such as soil YES, Irrigation systems will employ weather data integrated controls and moisture -based irrigation controls. efficient irrigation delivery systems including drip. GCC -1 -15 Use reclaimed water for landscape irrigation in new developments and on The property owner /developer shall install piping onsite with project water public property. Install the infrastructure to deliver and use reclaimed mains so that reclaimed water may be used for landscape irrigation, if and water. when is becomes available from the County Sanitation District of Orange County. GCC -1 -16 Design buildings to be water - efficient. Install water - efficient fixtures and NOT PROPOSED BY APPLICANT appliances. GCC -1 -17 Use graywater. ( Graywater is untreated household waste water from bathtubs, showers, bathroom wash basins, and water from clothes YES washing machines.) For example, install dual plumbing in all new development allowing graywater to be used for landscape irrigation. GCC -1 -18 Restrict watering methods (e.g., prohibit systems that apply water to non- YES, Irrigation systems will be high efficiency with minimum spray type vegetated surfaces) and control runoff. delivery carefully planned and adjusted to apply water only to vegetated areas and to limit over - spray. GCC -1 -19 Restrict the use of water for cleaning outdoor surfaces and vehicles. NO GCC -1 -20 Implement low- impact development practices that maintain the existing N/A The site is currently fully developed with extensive areas of surface hydrologic character of the site to manage storm water and protect the parking. The new development will maintain the current drainage patterns environment. (Retaining storm water runoff on -site can drastically reduce and storm water quantities. the need for energy- intensive imported water at the site.) GCC -1 -21 Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items NOT PROPOSED BY APPLICANT listed above, plus other innovative measures that are appropriate to the specific project. GCC -1 -22 Provide education about water conservation and available programs and YES, Hotel website and literature will feature water conservation strategies as incentives. part of the Guest information and education program. Solid Waste Measures GCC -1 -23 Reuse and recycle construction and demolition waste (including, but not YES, The project will institute a demolition and construction waste diversion limited to, soil, vegetation, concrete, lumber, metal, and cardboard). program, coordinated with the local waste management company, to achieve a goal of 50% diversion /recycle of demolition and construction waste. GCC -1 -24 Provide interior and exterior storage areas for recyclables and green YES, The project includes waste collection areas suitable for sorting and waste and adequate recycling containers located in public areas. storing recyclable materials. A recycling program will be coordinated with the local waste management company to recycle glass, metals, plastic, cardboard, and green waste. GCC -1 -25 Recover by- product methane to generate electricity. N/A GCC -1 -26 Provide education and publicity about reducing waste and available YES, Hotel website and literature will feature operational waste recycling recycling services. strategies as part of the Guest information and education program. -26- ID I Suggested Mitigation Measures This project Land Use Measures GCC -1 -27 Include mixed -use, infill, and higher density in development projects to YES, The project includes mixed -use retail on the street level. This retail will support the reduction of vehicle trips, promote alternatives to individual serve the daily needs of hotel Guests as well as the public. The hotel is a vehicle travel, and promote efficient delivery of services and goods. dense developmental use of the site, with easy pedestrian access to the major local tourist attractions (Disneyland Resort and Anaheim Convention Center). Additional entertainment and food/beverage locations are within easy walking distance. The hotel also has accommodated tour bus and shuttle stops on site. GCC -1 -28 Educate the public about the benefits of well- designed, higher density N/A development. GCC -1 -29 Incorporate public transit into project design. YES, The project accommodates tour busses, a local tourist shuttle, and is easily accessed from existing public transit (bus) stops. The site is located along the route for the proposed monorail extension planned by Anaheim. GCC -1 -30 Preserve and create open space and parks. Preserve existing trees, and N/A plant replacement trees at a set ratio. GCC -1 -31 Develop "brownfields" and other underused or defunct properties near YES, The site is not a "brownfield" site, but it is definitely under -used for a existing public transportation and jobs. major intersection in the heart of the Anaheim resort district. By bringing a greater number of hotel rooms close to the prime attractions in the area, the development increases the use and number of jobs that have easy access of public transportation. GCC -1 -32 Include pedestrian and bicycle -only streets and plazas within developments. Create travel routes that ensure that destinations may be N/A reached conveniently by public transportation, bicycling or walking. Transportation and Motor Vehicles GCC -1 -33 Limit idling time for commercial vehicles, including delivery and YES, Idling time for deliveries will be controlled by hotel operational construction vehicles. requirements. Construction vehicle idling time can be restricted through specification requirements. GCC -1 -34 Use low or zero - emission vehicles, including construction vehicles. NO GCC -1 -35 Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate YES, Ride sharing will be encouraged using programs targeted at hotel passenger loading and unloading and waiting areas for ride sharing employees, providing preferred parking or a cost offset for ride sharing and vehicles, and providing a web site or message board for coordinating car pooling. rides. GCC -1 -36 Create car sharing programs. Accommodations for such programs include providing parking spaces for the car share vehicles at convenient NOT PROPOSED BY APPLICANT locations accessible by public transportation. GCC -1 -37 Create local "light vehicle" networks, such as neighborhood electric NO vehicle (NEV) systems. 27- ID Suggested Mitigation Measures This project GCC -1 -38 Provide the necessary facilities and infrastructure to encourage the use of low or zero - emission vehicles (e.g., electric vehicle charging facilities and NOT PROPOSED BY APPLICANT conveniently located alternative fueling stations). GCC -1 -39 Increase the cost of driving and parking private vehicles by, e.g., imposing YES, Fees will be charged for on -site parking. tolls and parking fees. GCC -1 -40 Build or fund a transportation center where various public transportation NO modes intersect. GCC -1 -41 Provide shuttle service to public transit. YES, The project will provide a stop and load /unload area for the shuttle that currently serves the resort district. GCC -1 -42 Provide public transit incentives such as free or low -cost monthly transit YES, The use of public transit will be encouraged by implementing a reduced passes. cost transit pass program for hotel employees. GCC -1 -43 Promote 'least polluting' ways to connect people and goods to their NOT PROPOSED BY APPLICANT destinations. GCC -1 -44 Incorporate bicycle lanes and routes into street systems, new N/A subdivisions, and large developments. GCC -1 -45 Incorporate bicycle - friendly intersections into street design. N/A GCC -1 -46 For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large YES, Secure bicycle storage for employees will be provided in the basement employers, provide facilities that encourage bicycle commuting, including, adjacent to the primary staff entry and Back -of -House areas. e.g., locked bicycle storage or covered or indoor bicycle parking. GCC -1 -47 Create bicycle lanes and walking paths directed to the location of schools, N/A parks and other destination points. GCC -1 -48 Work with the school district to restore or expand school bus services. N/A GCC -1 -49 Institute a telecommute work program. Provide information, training, and incentives to encourage participation. Provide incentives for equipment N/A purchases to allow high - quality teleconferences. GCC -1 -50 Provide information on all options for individuals and businesses to reduce transportation - related emissions. Provide education and NOT PROPOSED BY APPLICANT information about public transportation. SRI — Solar Reflective Index Source: DOJ 2008. -28-