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Resolution-PC 2015-024RESOLUTION NO. PC2015 -024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN ADDENDUM TO THE PREVIOUSLY- CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340 FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT NO. 311 FOR THE DISNEYLAND RESORT SPECIFIC PLAN AND DETERMINING THAT SAID ENVIRONMENTAL DOCUMENTATION SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED VARIANCE NO. 2014- 04996, FINAL SITE PLAN NO. 2014 -00010 AND ADMINISTRATIVE ADJUSTMENT NO. 2015- 00364; AND APPROVING VARIANCE NO. 2014 - 04996, FINAL SITE PLAN NO. 2014-00010 AND ADMINISTRATIVE ADJUSTMENT NO. 2015 -00364 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00134) (1640 SOUTH CLEMENTINE STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Variance No. 2014 - 04996, Final Site Plan No. 2014 -00010 and Administrative Adjustment No. 2015 -00364 to permit the construction of a 172 -room, 5 -story hotel with one level of subterranean parking with street and interior landscape setbacks that are narrower than required by the Anaheim Municipal Code (the "Code ") and fewer parking spaces than required by the Code (collectively referred to herein as the "Proposed Project ") for certain real property located at 1640 South Clementine Street 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 "Property "); and WHEREAS, the Property, consisting of approximately 3 acres, is developed with four concrete tilt -up structures with first -story warehouse and second -story office spaces. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of both the Parking District (Development Areas 3A and 313) and the C -R Overlay of the Disneyland Resort Specific Plan No. 92 -1 (SP 92 -1) Zone (the "DRSP "). The DRSP permits the Property to be developed as parking facilities or, alternatively, for the uses set forth in the Anaheim Resort Specific Plan No. 92 -2 Zone ( "ARSP ") if the Property is not to be developed as part of The Disneyland Resort Specific Plan. Because the Proposed Project consists of a hotel and related facilities, the Property and the Proposed Project are subject to development in accordance with the zoning and development standards of the C -R Overlay, which permits the uses set forth in the Commercial Recreation (C -R) District (Development Area 1) of the ARSP, identified in Section 18.116.070 (Uses — Commercial Recreation (C -R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Code. Therefore, the Proposed Project is subject to the limitations prescribed in Section 18.114.050 (Land Use and Site Development Standards — General) and subsection .060 (C -R Overlay Density) of Section 18.114.100 (C -R Overlay) of the DRSP and subsection .070 (Permitted Uses and Structures — General) of Section 18.116.070 (Uses — Commercial Recreation (C -R) District (Development Area 1)) of the ARSP; and -1- PC2015 -024 WHEREAS, on June 29, 1993, the City Council adopted Ordinance No. 5377 for the purpose of amending the zoning map to reclassify certain real property described therein into the DRSP subject to certain conditions as specified therein. The City Council concurrently adopted Ordinance No. 5378 for the purpose of establishing zoning and development standards for the DRSP in the form of what was then known as Chapter 18.78 of the Code and is now known as Chapter 18.114 (Disneyland Resort Specific Plan No. 92 -1 (SP 92 -1) Zoning and Development Standards) of the Code; and WHEREAS, in support of the adoption of the DRSP, the City Council certified Final Environmental Impact Report No. 311 ( "FEIR No. 311 ") by the adoption on June 22, 1993 of its Resolution No. 93R -107; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long -range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor - serving uses, as well as the infrastructure improvements that are needed to support future development; and WHEREAS, on September 27, 1994, the City Council adopted Ordinance No. 5454 for the purpose of amending the zoning map to reclassify certain real property described therein into the ARSP subject to certain conditions as specified therein. The City Council concurrently adopted Ordinance No. 5453 for the purpose of establishing zoning and development standards for the ARSP in the form of what was then known as Chapter 18.48 of the Code and is now known as Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development Standards) of the Code; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified Master Environmental Impact Report ( "MEIR No. 313 ") by the adoption on September 20, 1994 of its Resolution No. 94R -234; and WHEREAS, by Resolution No. 2012 -158, the City Council certified Final Supplemental Environmental Impact Report No. 2008 -00340 ( "SEIR No. 340 "), which reevaluated all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan Area since its adoption in 1994 and contained an analysis of the potential environmental impacts of various entitlements and actions referenced therein, including, inter alia, entitlements permitting the maximum build -out of the Anaheim Resort Specific Plan, including an increase of to 406,359 square feet of convention center space, 180,000 square feet of commercial development, 900 hotel rooms, and, 40,000 square feet of hotel meeting /ballroom space; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 23, 2015 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 Variance No. 2014 - 04996, Final Site Plan No. 2014 -00010 and Administrative Adjustment No. 2015 -00364 to investigate and make findings and recommendations in connection therewith; and -2- PC2015 -024 WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS,an Addendum to FEIR No. 311 and SEIR No. 340, dated March 2015 (herein referred to as the "Addendum "), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in FEIR No. 311 and /or SEIR No. 340 would result or whether previously identified significant impacts would be substantially more severe in connection with the Proposed Project; and WHEREAS, in connection with the project proposed under Variance No. 2014 - 04996, Administrative Adjustment No. 2014- 00361, and Final Site Plan No. 2014 -00008 and the Planning Commission's review of the Addendum, the Planning Commission has independently reviewed the Addendum, FEIR No. 311 and SEIR No. 340 and has exercised its independent judgment in making the findings and determinations set forth herein; and WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it; 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 construct a 172 -room, 5 -story hotel with one level of subterranean parking with street and interior landscape setbacks that are narrower than required by the Code and fewer parking spaces than required by the Code, has determined that Variance No. 2014 -04996 should be approved for the following reasons: SECTION NO. 18.114.100.080 Minimum interior setback. (10 feet required; 5 to 10 feet proposed) 1. 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. The property is an unusual L- shape, in which the narrow width of both legs of the "L" present unique challenges to this site not experienced by others. The Project complies with the setback requirement along the east interior property line; however, this is not feasible along the north interior property line due to the minimum widths for fire access and passenger drop off areas required for hotel developments. -3- PC2015 -024 2. 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 due to the limited developable area, specifically the narrow width of portions of the property. SECTION NO. 18.114.100.090.0901 Minimum front yard setback. (20 feet required; zero to 20 feet proposed) 1. 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. The property is an unusual L- shape, in which the narrow width of both legs of the "L" present unique challenges to this site not experienced by others. Additionally, the project will be required to dedicate property to the ultimate right -of -way, which includes the introduction of a new northbound right turn lane along the full frontage of the property. The substantial amount of land required to be dedicated to accommodate this requirement combined with the already narrow width provides for very little developable area. 2. 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 due to the limited developable area, specifically the narrow width of portions of the property. WHEREAS, the Planning Commission does further find and determine that the request for a Final Site Plan should be approved for the following reasons: 1. Subject to compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and layout, complies with the Disneyland Resort Specific Plan No. SP92 -1 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.114 of the Code, with the exception of the variance and administrative adjustment request, as described herein. 2. 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. 3. 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 Disneyland Resort Specific Plan and adjacent Anaheim Resort Specific Plan. 4. 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. 5. 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. - 4- PC2015 -024 WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2015 -00364 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (148 spaces required; 146 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 due to the proximity of the site to the Disneyland Resort and Anaheim Convention Center, making walking and public transportation the preferred choice for many guests; and 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 within the property will adequately accommodate the parking demands of the hotel. Additionally, on- street parking is not permitted on the adjacent public streets; and 3. That the variance, under the conditions imposed, if any, 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 proposed hotel. The nearby parking lots consist of an access controlled Disney owned parking lot and the adjacent vacant retail building which is physically separated from this site by solid perimeter walls; and 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, 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 designed to allow adequate on -site circulation. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum to Final EIR No. 311 and SEIR No. 340, Final EIR No. 311, SEIR No. 340, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; -5- PC2015 -024 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically; (a) There have not been any substantial changes in the Disneyland Resort Specific Plan or the Anaheim Resort Specific Plan or in any of the entitlements that were analyzed in FEIR No. 311 and SEIR No. 340 that require major revisions of FEIR No. 311 and /or SEIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of FEIR No. 311 and /or SEIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time FEIR No. 311 and SEIR No. 340 were certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in FEIR No. 311 or SEIR No. 340; (ii) Significant effects previously examined will be substantially more severe than shown in FEIR No. 311 or SEIR No. 340; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in FEIR No. 311 and SEIR No. 340 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that FEIR No. 311 and SEIR No. 340, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project and that, accordingly, the Addendum is hereby approved and adopted. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 322 ( "MMP "), which is attached hereto as Exhibit C and incorporated herein by this reference, and was prepared for the Proposed Project and includes mitigation measures specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment; and -6- PC2015 -024 BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Variance No. 2014 - 04996, Final Site Plan No. 2014 -00010 and Administrative Adjustment No. 2015- 00364, contingent upon and subject to the conditions of approval, which are described in Exhibit B , and attached hereto and incorporated herein by this reference. Said conditions 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 condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. BE IT FURTHER RESOLVED, that 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 23, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, PL G COMMISSION OFiHE CITY ANA EIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -7- PC2015 -024 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on March 23, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -8- PC2015 -024 EXHIBIT "A" DEV N4. 2014 -00134 �� ti 54 100 0 r��ec C�RR /TpS AVE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -9- PC2015 -024 EXHIBIT "B" VARIANCE NO. 2014-04996, FINAL SITE PLAN NO. 2014-00010 AND ADMINISTRATIVE ADJUSTMENT NO. 2015-00364 (DEV2014- 00134) -10- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO FINAL SITE PLANAPPROVAL 1 MM 5.12 -12: Prior to the approval of each Final Site Plan and prior to the Fire issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 2 MM 5.1 -14: Prior to Final Site Plan approval, plans shall show that no Planning and shuttle/bus /vehicular drop -off areas shall be permitted in hotel/motel or vacation Building resort front setback area. 3 MM 5.1 -13: Prior to Final Site Plan approval, plans shall show that the rear Planning and elevations of buildings visible from off -site areas shall be architecturally accented Building to portray a finished look. 4 MM 5.1 -4: Prior to Final Site Plan approval, the location and configuration of all Planning and lighting fixtures including ground- mounted lighting fixtures utilized to accent Building buildings, landscape elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down - lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. 5 MM 5.10 -2: Prior to approval of each final site plan, the property owner /developer Planning and shall submit a noise study prepared by a certified acoustical engineer to the Building satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform 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. 6 MM 5.12 -1: Prior to the approval of each Final Site Plan and issuance of each Police building permit, the property owner /developer shall submit plans to the Police Department for review and approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 7 MM 5.17 -4: Prior to approval of a Final Site Plan, the property owner /developer Public Utilities shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. -10- PC2015 -024 -11- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 8 MM 5.15 -5: Prior to approval of the Final Site Plan and building permits, plans Public Utilities shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 9 MM 5.14 -20: Prior to the approval of a Final Site Plan, the property Public Works owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). 10 MM 5.14 -22: Subsequent to the certification of Final EIR No. 340, and prior to the Public Works approval of the first Final Site Plan, if the costs of the identified improvements in Department the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. PRIOR TO ISSUANCE OF GRADING OR BUILDING PERMITS, WHICHEVER OCCURS FIRST 11 Prior to issuance of the grading permit, the applicant shall submit to the Public Public Works Works Development Services Division for review and approval a Final Water Quality Management Plan that conforms with current Orange County Guidelines and Requirements as well as the City's WQMP Requirements. 12 MM 5.14 -3: Prior to approval of the first final subdivision map or issuance of the Public Works first building permit, whichever occurs first, the property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. 13 MM 5.14 -19: Prior to the approval of the final subdivision map or issuance of Public Works building permits, whichever occurs first, the property owner /developer shall pay the identified fair -share responsibility as determined by the City as set forth in MM 5.14 -15, The City shall allocate the property owner /developer's fair -share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. 14 MM 5.16 -1: Prior to approval of a final subdivision map or issuance of a grading Public Works or building permit, whichever occurs first, the property owner /developer shall participate in the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary -11- PC2015 -024 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY sewer system deficiencies as follows: 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. b. 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 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). 15 MM 5.18 -1: Prior to approval of a final subdivision map, or issuance of a grading Public Works or building permit, whichever occurs first, the property owner /developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: The property owner /developer shall submit a report for review and approval by 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 /flows, then the property owner /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. -12- PC2015 -024 -13- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 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. 16 MM 5.14 -14: Prior to the issuance of building permits or final map approval, Public Works whichever occurs first, security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. 17 MM 5.7 -4: Prior to issuance of the first grading or demolition permit, whichever Fire occurs first the property owner /developer shall submit a plan for review and approval by the Fire Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. 18 MM 5.12 -6: Prior to issuance of each grading permit, the property Fire owner /developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 19 MM 5.3 -2: Prior to the issuance of a demolition permit, grading permit, or Planning and building permit, whichever occurs first, a letter detailing the proposed schedule for Building vegetation removal activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall -13- PC2015 -024 -14- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. 20 MM 5.3 -1: Prior to the issuance of a demolition permit, grading permit, or Planning and building permit, whichever occurs first, a survey for active raptor nests shall be Building conducted by a qualified Biologist and submitted to the Planning and Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. 21 MM 5.2 -4: Prior to issuance of each grading permit (for Import/Export Plan) and Planning and prior to issuance of demolition permit (for Demolition Plan), the property Building owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The 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 the project site. 22 MM 5.19 -5: Prior to issuance of each grading and building permit, the Property Planning and Owner /Developer shall submit to the Planning Director or Planning Services Building Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. 23 MM 5.5 -6: Prior to issuance of building or grading permits, the property Planning and owner /developer shall submit to the Planning and Building Department, Building Building Services Division geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 24 MM 5.15 -8: Prior to the issuance of the first building permit or grading permit, Public Utilities whichever occurs first, the property owner /developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: a. Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and b. Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. -14- PC2015 -024 -15- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 25 MM 5.8 -1: Prior to issuance of the first grading or building permit, whichever Public Works occurs first, the property owner /developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. 26 MM 5.8 -2: Prior to issuance of a grading permit for sites that disturb more than Public Works one (1) acre of soil, the property owner /developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Public Works Department, Development Services Division. 27 MM 5.4 -2: Prior to issuance of each grading permit, the property owner /developer Public Works shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pre - grading 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. 28 MM 5.4 -1: Prior to issuance of each grading permit, the property owner /developer Public Works shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the 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. 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 -15- PC2015 -024 -16- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 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. 29 MM 5.14 -5: Prior to the issuance of grading permits, the property Public Works owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. ONGOING DURING PROJECT DEMOLITIONAND CONSTRUCTION 30 MM 5.7 -6: Ongoing during project demolition and construction, in the event that Fire hazardous waste, 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. ONGOING DURING GRADING ACTIVITIES 31 MM 5.5 -5: Ongoing during grading activities, the property owner /developer shall Planning and implement standard practices for all applicable codes and ordinances to prevent Building erosion to the satisfaction of the Planning and Building Department, Building Services Division. PRIOR TO ISSUANCE OF THE FIRST BUILDING PERMIT 32 The existing sanitary sewer facilities within footprint of the new strusture shall be Public Works removed and relocated. 33 The property owner shall irrevocably offer to dedicate in a signed deed to the City Public Works of Anaheim an easement for road, public utilities and other public purposes as required per the Disneyland and Anaheim Resort Specific Plans with a variable width of 98' (Supplemental Intersection Lane Layout) to 92' (Disneyland Resort Specific Plan) to 87' (Anaheim Resort Specific Plan). 34 The developer shall submit street improvement plans to the Public Works Public Works Department, Development Services Division to improve Clementine Street per the Anaheim Resort standards, including planting and irrigation for the public parkway to the Public Works Department, Development Services Division. The parkway irrigation shall be connected to the on -site irrigation system and maintained by the property owner. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Development Services for all work performed in the right -of -way. The improvements shall be constructed prior to final building and zoning inspections. 35 Plans submitted for building permits shall show any proposed gates and shall Public Works demonstrate that said gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public streets and that installation of any gates shall conform to the current version of Engineering Standard Detail 475. The location of any proposed gates shall be subject to the -16- PC2015 -024 -17- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY review and approval of the City Traffic and Transportation Manager. 36 Plans submitted for building permits shall indicate any required utility vehicle Public Works hammerhead turn around areas, and that said hammerhead turn areas shall conform to the current version of Engineering Standard Detail 476. 37 Plans submitted for building permits shall indicate that all fire lanes shall be Public Works posted with "No Parking Any Time." 38 MM 3.10.7 -5 (FEIR No. 311, MMP No. 67): Prior to issuance of the first building Public Works permit for development of a facility other than parking in the Future Expansion District, the applicant shall enter into an agreement with the City of Anaheim to pay or cause to be paid its fair share of funding for the following improvements: • The applicable segments of a City sewer replacement or parallel line to an existing 18 -inch City sewer line in Orangewood Avenue from the existing 24 -inch District trunk sewer line at Ninth Street to a point of west of I -5. This will be necessary for construction of the Future Expansion District or any other developments in the Commercial Recreation Area south of Katella and West of 1 -5. This mitigation will be readdressed in subsequent environmental review for the Future Expansion District. • A City sewer main replacement or parallel line in Harbor Boulevard from Convention Way to Orangewood Avenue. The City recognizes that these improvements will serve not only the applicant but also other property owners /developers in the Specific Plan area, the Anaheim Resort, and the service area, each of which should contribute its allocable share of the cost of these improvements. To implement this requirement as it applies to other property owners /developers in the Specific Plan area, the Anaheim Resort, and the service area, the City shall, and shall make appropriate arrangements with other public agencies, if any, to reimburse the applicant to the extent that its contributions for these improvements exceed the applicant's allocable share of the cost. Such arrangements shall include one or more of the following: (1) creation of integrated financing districts; (2) entry into a reimbursement agreement with the applicant; (3) creation of appropriate community facilities districts, assessment districts, and/or use of similar public financing districts and /or mechanisms; and (4) creation of other such mechanisms or districts as may be appropriate to provide for the reimbursement of these costs. The determination of the allocable share of improvement costs attributable to the applicant and other property owners /developers, and reimbursement amounts, shall be based on an apportionment of the costs of such improvements among property owners /developers, including the applicant, in the Specific Plan area, the Anaheim Resort, or otherwise defined service area, as applicable, depending on the area served. To implement this mitigation measure, the City has adopted the Sewer Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the property owner /developer (per Ordinance No. 5490 and Resolution No. 95R -60 dated April 18, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements with the applicant. -17- PC2015 -024 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 39 MM 5.12 -9: Prior to issuance of the first building permit, the property Fire owner /developer shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. A medical triage vehicle /trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner /developer shall be based on an apportionment of the costs of such equipment/facilities among property owners /developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements. 40 MM 5.12 -8: Prior to issuance of each building permit, plans shall be submitted to Fire ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. 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. -18- PC2015 -024 -19- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 41 MM 5.12 -11: Prior to issuance of each building permit, the property Fire owner /developer shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. 42 MM 5.12 -7: Prior to issuance of each building permit; to be implemented prior to Fire the final building and zoning inspection, plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers installed by the property owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. 43 MM 5.12 -14: Prior to approval of building plans, the property owner /developer Fire shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 44 MM 5.14 -11: Prior to the recordation of a subdivision map or issuance of the first Planning and building permit, whichever occurs first, in the event that a parcel is subdivided and Building there is a need for common on -site circulation and/or parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and /or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning and Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. 45 MM 5.2 -7: Prior to issuance of the first building permit, the property Planning and owner /developer shall submit a human health risk assessment (HRA) for any Building proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. 46 MM 5.12 -19: Prior to the issuance of a building permit, the property Planning and owner /developer shall comply with the Anaheim Municipal Code, Section Building 17.08.385, Public Library Facilities Services Areas — Payment of Fees Required. 47 MM 5.2 -6: Prior to the issuance of each building permit, the property Planning and owner /developer shall implement, and demonstrate to the City, measures that are Building being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 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 -19- PC2015 -024 -20- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. 48 MM 5.2 -5: Prior to the issuance of each building permit, the property Planning and owner /developer shall comply with all SCAQMD offset regulations and Building implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. 49 MM 5.15 -4: Prior to the issuance of each building permit, the property Planning and owner /developer shall submit a landscape and irrigation plan which shall be Building prepared and certified by a licensed landscape architect. 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 landscaping 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. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. 50 MM 5.2 -2: Prior to the issuance of each building permit, the property Planning and owner /developer shall submit evidence that low emission paints and coatings are Building utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property 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. 51 MM 5.1 -2: Prior to issuance of building permits, all plumbing or other similar Planning and pipes and fixtures located on the exterior of the building shall be shown on plans Building as fully screened from view of adjacent public rights -of -way and from adjacent properties by architectural devices and /or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. -20- PC2015 -024 -21- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 52 MM 5.12 -17: Prior to issuance of each building permit, the property Planning and owner /developer shall provide proof of compliance with Government Code Building Section 53080 (Schools). 53 MM 5.1 -12: Prior to issuance of each building permit, all air conditioning Planning and facilities and other roof and ground- mounted equipment shall be shown on plans Building as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 54 MM 5.10 -10: Prior to issuance of each building permit, the property Planning and owner /developer shall present plans and calculations to the Planning and Building Building Department, Building Division to demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. 55 MM 5.10 -9: Prior to issuance of each building permit, the property Planning and owner /developer shall present plans and calculations to the Planning Department, Building Building Division to demonstrate that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. 56 MM 5.17 -3: Prior to issuance of each building permit, the property Planning and owner /developer shall submit plans and calculations to the City of Anaheim Building Planning and Building Department, Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 57 MM 5.5 -3: Prior to issuance of each building permit, the property Planning and owner /developer shall submit plans to the Planning Department, Building Services Building Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. 58 MM 5.5 -1: Prior to issuance of each building permit, the property Planning and owner /developer shall submit to the Planning and Building Department, Building Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 59 MM 5.10 -12: Prior to issuance of each building permit if pile driving and blasting Planning and is anticipated during construction, a noise and vibration analysis must be prepared Building and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. 60 MM 5.1 -1 l: Prior to issuance of each building permits, unless records indicate Planning and previous payment, a fee for street tree purposes shall be paid or cause to be paid to Building the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City -21- PC2015 -024 -22- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY authorized improvements installed by the property owner /developer. 61 MM 5.5 -2: Prior to issuance of each foundation permit, the property Planning and owner /developer shall submit a report prepared by a geotechnical engineer to the Building Planning and Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. 62 MM 5.12 -4: Prior to issuance of each building permit, the project design shall Police include parking lots and parking structures with controlled access 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. 63 MM 5.12 -2: Prior to the issuance of each building permit for a parking structure, Police the property owner /developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. 64 MM 5.15 -2: Prior to issuance of each building permit, all water supply planning Public Utilities for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. 65 MM 5.17 -1: Prior to issuance of each building permit, the property owner /develop Public Utilities shall consult with the City of Anaheim Public Utilities Department, Business and Community Programs Division, in order to review energy efficient measures to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High - efficiency air- conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100 %) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated 14VAC zone control by floors /separable activity areas f. Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy- efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage. 1. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal- halide or high- -22- PC2015 -024 -23- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air- conditioning for spaces or facilities that may require air - conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: i. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems ii. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements iii. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 66 MM 5.15 -1: Prior to issuance of each building permit (to be implemented prior to Public Utilities final building and zoning inspections, and continuing on an on -going basis during project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation 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: a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self - closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice - machines, dishwashers, clothes washers and other water- using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. 67 MM 5.15 -6: Prior to issuance of each building permit, unless records indicate Public Utilities previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the Public Utilities Department, Water Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 68 MM 5.14 -2: Prior to issuance of the first building permit for each building, the Public Works property owner /developer shall pay the appropriate Traffic Signal Assessment -23- PC2015 -024 -24- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY Fees and Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 69 MM 5.14 -13: Prior to the issuance of building permits, plans shall show that all Public Works driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. 70 MM 5.14 -12: Prior to the issuance of the first building permit, the location of any Public Works proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. 71 MM 5.8 -6: Prior to issuance of building permits, the property owner /developer Public Works shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. 72 MM 5.19 -1: Prior to issuance of each building permit; to be implemented prior to Public Works final building and zoning Inspection, the property owner /developer shall submit project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, 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 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 storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non - recyclable materials whenever feasible -24- PC2015 -024 -25- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick -up. 73 MM 5.19 -3: Prior to issuance of building permits, plans shall show that trash Public Works storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. 74 MM 5.19 -4: Prior to issuance of each building permit, the Property Public Works Owner /Developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. 75 MM 5.18 -3: Prior to the issuance of building permits, the City shall require that Public Works building plans indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on -site water features, and other strategies. PRIOR TO APPROVAL OF WATER PLANS 76 MM 5.12 -15: Prior to approval of on -site water plans, unless each commercial Fire building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 77 MM 5.12 -16: Prior to approval of water improvement plans, the water supply Fire system shall be designed by the property owner /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE 78 MM 5.12 -13: Prior to the placement of building materials on a building site, an Fire all- weather road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. PRIOR TO COMMENCEMENT OF STRUCTURAL FRAMING 79 MM 5.12 -5: Prior to commencement of structural framing on each parcel or lot, Fire onsite fire hydrants shall be installed and charged by the property owner /developer as required and approved by the Fire Department. ONGOING DURING CONSTRUCTION 80 MM 5.10 -1: Ongoing during construction, the property owner /developer shall Planning and ensure that all internal combustion engines on construction equipment and trucks Building are fitted with properly maintained mufflers. -25- PC2015 -024 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY 81 MM 5.2 -3: Ongoing during construction, the property owner /developer shall Planning and implement measures to reduce construction - related air quality impacts. These Building measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth- moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. 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. e. 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. f. Trucks importing or exporting soil material and /or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with 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. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. -26- PC2015 -024 -27- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 82 MM 5.10 -7: Ongoing during construction and project operation, sweeping Planning and operations in the parking facilities and private on -site roadways shall be performed Building utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 83 MM 5.10 -6: Ongoing during construction and project operation, pressure washing Planning and operations for purposes of building repair and maintenance due to graffiti or other Building aesthetical considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. 84 MM 5.14 -7: Ongoing during construction, if the Anaheim Police Department or Police the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner /developer shall reimburse Public Works the City, on a fair -share basis, if applicable, for reasonable costs associated with such services. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 85 Prior to the final building and zoning inspection, the legal property owner shall Public Works provide to the City of Anaheim a sewer easement for the relocated sewer line in a form satisfactory to the City Engineer. The approval and recordation of the easement shall be approved prior to final building and zoning inspections. 86 All required WQMP items shall be installed, operational and inspected by the City Public Works prior to final building and zoning inspections. 87 MM3.12 -5 (FEIR No. 311, MMP No. 67) The applicant shall participate in a City Attorney's landscape assessment and maintenance district, if one is established for the City of Office Anaheim Commercial Recreation Area. 88 MM 5.12 -10: Prior to each final building and zoning inspection, the property Fire owner /developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. 89 MM 5.5 -4: Prior to the final building and zoning inspection for a hotel /motel, the Fire property owner /developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. 90 MM 5.1 -7 and 5.8 -4: Prior to final building and zoning inspections, the property Planning and owner /developer shall submit to the Planning and Building Department a letter Building from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 91 MM 5.15 -7: Prior to final building and zoning inspections, a separate water meter Planning and shall be installed for landscape water on all projects where the landscape area Building exceeds 2,500 square feet in accordance with Ordinance No. 6160. 92 MM 5.1 -6: Prior to final building and zoning inspections, root and sidewalk Planning and barriers shall be provided for trees within seven feet of public sidewalks. Building 93 MM 5.8 -5: Prior to final building and zoning inspection, the property Public Utilities owner /developer shall install piping on -site with project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. -27- PC2015 -024 -28- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY 94 MM 5.14 -4: Prior to the final building and zoning inspection, the property owner Public Works shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 95 MM 5.14 -8: Prior to the final building and zoning inspection, the property owner Public Works shall record a covenant on the property requiring that ongoing during project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. 96 MM 5.14 -9: Prior to the final building and zoning inspection, the property Public Works owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons' transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to -28- PC2015 -024 -29- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single - occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and /or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. p. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 97 MM 5.14 -21: Prior to the final building and zoning Inspection every property Public Works owner and /or lessee shall designate an on -site contact that will 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 TDM requirements shall be included in the lease or other agreement with all of the project participants. ONGOING DURING PROJECT OPERATIONS 98 MM 5.2 -1: Ongoing during project operation, the property owner /developer shall Planning and implement measures to reduce emissions to the extent practical, schedule goods Building -29- PC2015 -024 -30- PC2015 -024 REVIEW SIGNED NO, CONDITIONS OF APPROVAL BY OFF BY movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. 99 MM 5.8 -3: Ongoing during project operations, the property owner /developer shall Planning and provide for the following: cleaning of all paved areas not maintained by the City Building of Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. 100 MM 5.1 -10: Ongoing, a licensed arborist shall be hired by the property Planning and owner /developer to be responsible for all tree trimming. Building 101 MM 5.1 -9: Ongoing, any tree planted within the Setback Realm shall be replaced Planning and in a timely manner in the event that it is removed, damaged, diseased and/or dead. Building 102 MM 5.1 -8: Ongoing, all on -site non - Public Realm landscaping and irrigation Planning and systems, and Public Realm landscaping and irrigation systems, within area in Building which dedication has not been accepted by the City, shall be maintained by the property owner /developer, in compliance with City standards. 103 MM 5.1 -3: Ongoing, the property owner /developer shall be responsible for the Planning and removal of any on -site graffiti within 24 hours of its application. Building 104 MM 5.12 -3: Ongoing during project operation, the property owner /developer shall Police provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 105 MM 5.15 -9: Ongoing, the City shall continue to collaborate with the Metropolitan Public Utilities Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, § 10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10. 18.070 through 10.18.090, as appropriate. 106 MM 5.19 -2: Ongoing during project operation, the following practices shall be Public Works implemented, as feasible, by the property owner /developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 107 MM 5.18 -2: Ongoing, the City shall work with the Orange County Flood Control Public Works District (OCFCD) to ensure that flood control facilities are well maintained and Department capable of accommodating, at a minimum, future 25 -year storm flows for City - owned and maintained facilities, and 100 -year storm flows for County facilities. -30- PC2015 -024 -31- PC2015 -024 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County's Public Property Permits Section for any activity performed within OCFCD's right of way. -31- PC2015 -024 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. 311 AND SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340, COUNTRY INNS & SUITES PRJOECT, MITIGATION MONITORING PLAN NO. 322 Terms and Definitions Property Owner/Developer — The owner or developer of real property on the Country Inns & Suites project site. 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. 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. H: \TOOLS\Planning Commission Administmtion\PC Resolutions\2015 Resolutions\PC2015- 024.doc 32 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring AESTHETICS MM 5.1 -2 Prior to issuance of building Prior to issuance of building permits, all plumbing or other similar pipes and fixtures Planning and Building permits located on the exterior of the building shall be shown on plans as fully screened from Department view of adjacent public rights -of -way and from adjacent properties by architectural devices and /or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. MM 5.1 -3 Ongoing Ongoing, the property owner /developer shall be responsible for the removal of any Planning and Building on -site graffiti within 24 hours of its application. Department MM 5.1 -4 Prior to Final Site Plan Prior to Final Site Plan approval, the location and configuration of all lighting fixtures Planning and Building approval including ground- mounted lighting fixtures utilized to accent buildings, landscape Department elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down - lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. MM 5.1 -6 Prior to final building and Prior to final building and zoning inspections, root and sidewalk barriers shall be Planning Department, zoning inspections provided for trees within seven feet of public sidewalks. Planning Division MM 5.1 -7 Prior to final building and Prior to final building and zoning inspections, the property owner /developer shall Planning and Building zoning inspections submit to the Planning Department a letter from a licensed landscape architect Department certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. MM 5.1 -8 Ongoing Ongoing, all on -site non - Public Realm landscaping and irrigation systems, and Public Planning and Building Realm landscaping and irrigation systems, within area in which dedication has not Department been accepted by the City, shall be maintained by the property owner /developer, in compliance with City standards. MM 5.1 -9 Ongoing Ongoing, any tree planted within the Setback Realm shall be replaced in a timely Planning and Building manner in the event that it is removed, damaged, diseased and /or dead. Department MM 5.1 -10 Ongoing Ongoing, a licensed arborist shall be hired by the property owner /developer to be Planning and Building responsible for all tree trimming. Department MM 5.1 -11 Prior to issuance of each Prior to issuance of each building permits, unless records indicate previous payment, Planning and Building building permits a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim Department based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner /developer. HATOOLS\Planning Commission Administration \PC Resolutions\2015 ResolutionskPC2015- 024.doc 33 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring MM 5.1 -12 Prior to issuance of each Prior to issuance of each building permit, all air conditioning facilities and other roof Planning and Building building permit and groundmounted equipment shall be shown on plans as shielded from public view Department and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. MM 5.1 -13 Prior to Final Site Plan Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings Planning and Building approval visible from off -site areas shall be architecturally accented to portray a finished look. Department MM 5.1 -14 Prior to Final Site Plan Prior to Final Site Plan approval, plans shall show that no shuttle /bus /vehicular drop- Planning and Building approval off areas shall be permitted in hotel /motel or vacation resort front setback area. Department MM 3.12 -5 Prior to the final building and The applicant shall participate in a landscape assessment and maintenance district, if City Attorney's Office (FEIR No. 311, zoning inspection one is established for the City of Anaheim's Commercial Recreation Area. MMP No. 67) AIR QUALITY MM 5.2 -1 Ongoing during project Ongoing during project operation, the property owner /developer shall implement Planning and Building operation measures to reduce emissions to the extent practical, schedule goods movements for Department off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable MM 5.2 -2 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Planning and Building building permit submit evidence that low emission paints and coatings are utilized in the design and Department construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner /developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: C. Use non solve nt -based coatings on buildings, wherever appropriate; d. Use solvent based coatings, where they are necessary. MM 5.2 -3 Ongoing during construction Ongoing during construction, the property owner /developer shall implement measures Planning and Building to reduce construction - related air quality impacts. These measures shall include, but Department are not limited to: q. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth- moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code HATOOLSTIanning Commission AdministrationtPC Resolutionst2015 Resolutions1PC2015- 024.00c 34 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. r. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. s. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. t. 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. u. 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. v. Trucks importing or exporting soil material and /or debris shall be covered prior to entering public streets. w. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. x. Preventing trucks from idling for longer than 2 minutes. y. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. z. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. aa. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. bb. Comply with 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. cc. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. dd. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. HITOOLS \Planning Commission AdministrationTC Resolutions\2015 ResolutionstPC2015- 024.doc 35 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring ee. Maintain construction equipment engines by keeping them properly tuned. ff. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2 -4 Prior to issuance of each Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance Planning and Building grading permit (for of demolition permit (for Demolition Plan), the property owner /developer shall submit Department Import/Export Plan) and Demolition and Import/Export plans. The plans shall include identification of offsite prior to issuance of locations for materials export from the project and options for disposal of excess demolition permit (for material. These options may include recycling of materials onsite, sale to a soil broker Demolition Plan) 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 5.2 -5 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Planning and Building building permit comply with all SCAQMD offset regulations and implementation of Best Available Department Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning Department. MM 5.2 -6 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Planning and Building building permit implement, and demonstrate to the City, measures that are being taken to reduce Department operation - related air quality impacts. These measures may include, but are not limited to 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 6. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. MM 5.2 -7 Prior to issuance of the first Prior to issuance of the first building permit, the property owner /developer shall submit Planning and Building building permit a human health risk assessment (HRA) for any proposed sensitive land uses Department (according to SCAQMD standards at that time) to be located within 500 feet of the HATOOLS \Planning Commission Administration\PC Resolutions�2015 Resolutions%PC2015- 024.doc 36 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring near edge of the 1 -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. BIOLOGICAL RESOURCES MM 5.3 -1 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning Department, demolition permit, grading whichever occurs first, a survey for active raptor nests shall be conducted by a Building Services permit, or building permit, qualified Biologist and submitted to the Planning Department 30 days prior to Division whichever occurs first commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. MM 5.3 -2 Prior to the issuance of a Prior to the issuance of a demolition permit, grading permit, or building permit, Planning Department, demolition permit, grading whichever occurs first, a letter detailing the proposed schedule for vegetation removal Building Services permit, or building permit, activities shall be submitted to the Planning Department, verifying that removal shall Division whichever occurs first take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. CULTURAL RESOURCES MM 5.4 -1 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit a Planning and Building grading permit letter identifying the certified archaeologist that has been hired to ensure that the Department following actions are implemented: e. 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. f. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. g. 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 HATOOLSTlanning Commission Administmtion\PC Resolutionst2015 Resolutions1PC2015- 024.doc 37 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring be diverted around the area until the monitor can survey the area. h. 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. MM 5.4 -2 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit a Planning and Building grading permit letter identifying the certified paleontologist that has been hired to ensure that the Department following actions are implemented: d. 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 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. e. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. f. 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. GEOLOGY AND SOILS MM 5.5 -1 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall submit to Planning and Building building permit the Planning Department, Building Services Division for review and approval, detailed Department foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. MM 5.5 -2 Prior to issuance of each Prior to issuance of each foundation permit, the property owner /developer shall submit Planning and Building foundation permit a report prepared by a geotechnical engineer to the Planning Department, Building Department Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. MM 5.5 -3 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall submit Planning and Building building permit plans to the Planning Department, Building Services Division for review and approval Department showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. MM 5.5 -4 Prior to the final building and Prior to the final building and zoning inspection for a hotel /motel, the property Fire Department zoning inspection for a owner /developer shall submit an earthquake emergency response plan for review and hotel /motel approval by the Fire Department. The plan shall require posted notices in all hotel HATOOLMPlanning Commission Administration\PC Resolutions12015 Resolutions\PC2015- 024.doc 38 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 391 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. MM 5.5 -5 Ongoing during grading Ongoing during grading activities, the property owner /developer shall implement Planning and Building activities standard practices for all applicable codes and ordinances to prevent erosion to the Department satisfaction of the Planning Department, Building Services Division. MM 5.5 -6 Prior to issuance of building Prior to issuance of building or grading permits, the property owner /developer shall Planning and Building or grading permits submit to the Planning Department, Building Services Division geologic and Department geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. HAZARDS AND HAZARDOUS MATERIALS MM 5.7 -4 Prior to issuance of the first Prior to issuance of the first grading demolition permit, whichever occurs first the Fire Department grading or demolition permit, property owner /developer shall submit a plan for review and approval of the Fire whichever occurs first Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. MM 5.7 -6 Ongoing during project Ongoing during project demolition and construction, in the event that hazardous Fire Department demolition and construction waste, 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. HYDROLOGY AND WATER QUALITY MM 5.8 -1 Prior to issuance of the first Prior to issuance of the first grading or building permit, whichever occurs first, the Public Works grading or building permit, property owner /developer shall submit a Master Drainage and Runoff Management Department whichever occurs first Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County Environmental Management Agency. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100 -year storm; and, b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. MM 5.8 -2 Prior to issuance of a Prior to issuance of a grading permit for sites that disturb more than one (1) acre of Planning and Building grading permit for sites that soil, the property owner /developer shall obtain coverage under the NPDES Statewide Department disturb more than one (1) Industrial Stormwater Permit for General Construction Activities from the State Water acre of soil Resources Control Board. Evidence of attainment shall be submitted to the Planning Department, Building Services Division. MM 5.8 -3 Ongoing during project Ongoing during project operations, the property owner /developer shall provide for the Planning and Building HATOOLS\Planning Commission Administration \PC Resolutions\2015 ResolutionsTC2015- 024.doc 39 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring operations following: cleaning of all paved areas not maintained by the City of Anaheim on a Department monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. MM 5.8 -4 Prior to each final building Prior to each final building and zoning inspection, the property owner /developer shall Planning and Building and zoning inspection submit a letter from a licensed landscape architect to the City certifying that the Department landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. MM 5.8 -5 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall install Public Utilities zoning inspection piping on -site with project water mains so that reclaimed water may be used for Department landscape irrigation, if and when it becomes available. MM 5.8 -6 Prior to issuance of building Prior to issuance of building permits, the property owner /developer shall provide Public Works permits written evidence that all storm drain, sewer, and street improvement plans shall be Department designed and constructed to the satisfaction of the City Engineer. NOISE 5.10 -1 Ongoing during construction Ongoing during construction, the property owner /developer shall ensure that all Planning and Building internal combustion engines on construction equipment and trucks are fitted with Department properly maintained mufflers. 5.10 -2 Prior to issuance of the first Prior to issuance of the first building permit, the property owner /developer shall submit Planning and Building building permit a noise study prepared by a certified acoustical engineer to the satisfaction of the Department Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform 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. 5.10 -6 Ongoing during construction Ongoing during construction and project operation, pressure washing operations for Planning and Building and project operation purposes of building repair and maintenance due to graffiti or other aesthetical Department considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. 5.10 -7 Ongoing during construction Ongoing during construction and project operation, sweeping operations in the parking Planning and Building and project operation facilities and private on -site roadways shall be performed utilizing sweeping /scrubbing Department equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 5.10 -9 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall present Planning and Building building permit plans and calculations to the Planning Department, Building Division to demonstrate Department that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can HATOOLMPlanning Commission Administmtion\PC Resolutionst2015 Resolutions\PC2015- 024.doc 40 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring be accomplished through shielding areas behind buildings or the construction of a noise barrier. 5.10 -10 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall present Planning and Building building permit plans and calculations to the Planning Department, Building Division to demonstrate Department that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. 5.10 -12 Prior to issuance of each Prior to issuance of each building permit if pile driving and blasting is anticipated Planning and Building building permit if pile driving during construction, a noise and vibration analysis must be prepared and submitted to Department and blasting is anticipated the Planning Department, Building Division, to assess and mitigate potential noise and during construction vibration impacts related to these activities. PUBLIC SERVICES 5.12 -1 Prior to the approval of each Prior to the approval of each Final Site Plan and issuance of each building permit, the Police Department Final Site Plan and issuance property owner /developer shall submit plans to the Police Department for review and of each building permit approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). 5.12 -2 Prior to the issuance of each Prior to the issuance of each building permit for a parking structure, the property Police Department building permit for a parking owner /developer shall submit plans to the Police Department for review and approval structure indicating the provision of closed circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. 5.12 -3 Ongoing during project Ongoing during project operation, the property owner /developer shall provide private Police Department operation 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. 5.12 -4 Prior to issuance of each Prior to issuance of each building permit, the project design shall include parking lots Police Department building permit and parking structures with controlled access 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. 5.12 -5 Prior to commencement of Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants Fire Department structural framing on each shall be installed and charged by the property owner /developer as required and parcel or lot approved by the Fire Department. 5.12 -6 Prior to issuance of each Prior to issuance of each grading permit, the property owner /developer shall submit an Fire Department HATOOLSTIanning Commission Administration\PC Resolutions12015 Resolutions1PC2015- 024.doc 41 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring grading permit emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. 5.12 -7 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to the final building Fire Department building permit; to be and zoning inspection, plans shall indicate that all buildings, exclusive of parking implemented prior to the structures, shall have sprinklers installed by the property owner /developer in final building and zoning accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior inspection to each final building and zoning inspection. 5.12 -8 Prior to issuance of each Prior to issuance of each building permit, plans shall be submitted to ensure that Fire Department building permit development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. 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. 5.12 -9 Prior to issuance of the first Prior to issuance of the first building permit, the property owner /developer shall enter Fire Department building permit into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: f. One additional fire truck company. g. One additional paramedic company. h. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. L A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. j. A medical triage vehicle /trailer, equipped with sufficient trauma dressings, HATOOLSTIanning Commission Administration\PC Resolutionst2015 Resolutions\PC2015- 024.doc 42 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner /developer shall be based on an apportionment of the costs of such equipment/facilities among property owners /developers in the Hotel Circle Specific Plan Area, The Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangemen 5.12 -10 Prior to each final building Prior to each final building and zoning inspection, the property owner /developer shall Fire Department and zoning inspection place emergency telephone service numbers in prominent locations as approved by the Fire Department. 5.12 -11 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall submit a Fire Department building permit Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner /developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. 5.12 -12 Prior to the approval of each Prior to the approval of each Final Site Plan and prior to the issuance of each building Fire Department Final Site Plan and prior to permit, plans shall be reviewed and approved by the Fire Department as being in the issuance of each conformance with the Uniform Fire Code. building permit 5.12 -13 Prior to the placement of Prior to the placement of building materials on a building site, an all- weather road shall Fire Department building materials on a be provided from the roadway system to and on the construction site and for fire building site hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code, as adopted by the City of Anaheim. 5.12 -14 Prior to approval of building Prior to approval of building plans, the property owner /developer shall provide written Fire Department plans evidence to the satisfaction of the Fire Department that all lockable pedestrian and /or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 5.12 -15 Prior to approval of on -site Prior to approval of on -site water plans, unless each commercial building is initially Fire Department water plans connected to separate fire services, an unsubordinated covenant satisfactory to the HATOOLS\Planning Commission AdministrationTC Resolutlonst2o15 ResolutioWPC2015- 024.doc 43 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. 5.12 -16 Prior to approval of water Prior to approval of water improvement plans, the water supply system shall be Fire Department improvement plans designed by the property owner /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. 5.12 -17 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall provide Planning and Building building permit proof of compliance with Government Code Section 53080 (Schools). Department 5.12 -18 Ongoing Ongoing, the City will work cooperatively with school districts to identify opportunities Planning and Building for new schools and school expansion. Department 5.12 -19 Prior to the issuance of a Prior to the issuance of a building permit, the property owner /developer shall comply Planning and Building building permit with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Department Services Areas — Payment of Fees Required. TRANSPORTATION AND TRAFFIC 5.14 -2 Prior to issuance of the first Prior to issuance of the first building permit for each building, the property Public Works building permit for each owner /developer shall pay the appropriate Traffic Signal Assessment Fees and Department building Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City- authorized improvements provided by the property owner /developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. 5.14 -3 Prior to approval of the first Prior to approval of the first final subdivision map or issuance of the first building Public Works final subdivision map or permit, whichever occurs first, the property owner /developer shall irrevocably offer for Department issuance of the first building dedication (with subordination of easements), including necessary construction permit, whichever occurs easements, the ultimate arterial highway right(s) -of -way adjacent to their property as first shown in the Circulation Element of the Anaheim General Plan. 5.14 -4 Prior to the final building and Prior to the final building and zoning inspection, the property owner shall join and Public Works zoning inspection financially participate in a clean fuel shuttle program such as the Anaheim Resort Department Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. 5.14 -5 Prior to the issuance of Prior to the issuance of grading permits, the property owner /developer shall provide to Public Works grading permits the City of Anaheim Public Works Department a plan to coordinate rideshare services Department for construction employees with the Anaheim Transportation Network (ATN) for review and approval and shall implement ATN recommendations to the extent feasible. 5.14 -7 Ongoing during construction Ongoing during construction, if the Anaheim Police Department or the Anaheim Traffic Police Department; Management Center (TMC) personnel are required to provide temporary traffic control HATOOLS\Planning Commission Administration\PC Resolutions2015 Resolutions \PC2015- 024.doc 44 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SE/R No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring services, the property owner /developer shall reimburse the City, on a fair -share basis, Public Works if applicable, for reasonable costs associated with such services. Department 5.14 -8 Prior to the final building and Prior to the final building and zoning inspection, the property owner shall record a Public Works zoning inspection, the covenant on the property requiring that ongoing during project implementation, the Department property owner shall record property owner /developer shall implement and administer a comprehensive a covenant on the property Transportation Demand Management (TDM) program for all employees. The form of requiring that ongoing during the covenant shall be approved by the City Attorney's Office. Objectives of the TDM project implementation program shall be: d. Increase ridesharing and use of alternative transportation modes by guests. e. Provide a menu of commute alternatives for employees to reduce project - generated trips. f. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. 5.14 -9 Prior to the final building and Prior to the final building and zoning inspection, the property owner /developer shall Public Works zoning inspection provide to the City of Anaheim Public Works Department for review and approval a Department menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options, to include, but not be limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage HATOOLS\Planning Commission Administmtion\PC Resolutions\2015 Resolutions \PC2015- 024.doc 45 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. J. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). I. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single - occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and /or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and /or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. p. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. R \TOOLS \Planning Commission Administration\PC Resolutions\2015 Resolutions\PC2015- 024.r1oc 46 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring 5.14 -11 Prior to the recordation of a Prior to the recordation of a subdivision map or issuance of the first building permit, Planning and Building subdivision map or issuance whichever occurs first, in the event that a parcel is subdivided and there is a need for Department of the first building permit, common on -site circulation and /or parking, prior to recordation of a subdivision map, whichever occurs first an unsubordinated covenant providing for reciprocal access and /or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. 5.14 -12 Prior to the issuance of the Prior to the issuance of the first building permit, the location of any proposed gates Public Works first building permit across a driveway shall be subject to the review and approval of the City Engineer. Department Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. 5.14 -13 Prior to the issuance of Prior to the issuance of building permits, plans shall show that all driveways shall be Public Works building permits constructed with a minimum fifteen (15) foot radius curb returns as required by the Department City Engineer, unless otherwise approved by the City Engineer. 5.14 -14 Prior to the issuance of Prior to the issuance of building permits or final map approval, whichever occurs first, Public Works building permits or final map security in the form of a bond, certificate of deposit, letter of credit, completion Department approval, whichever occurs guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be first posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. 5.14 -19 Prior to the approval of the Prior to the approval of the final subdivision map or issuance of building permits, Public Works final subdivision map or whichever occurs first, the property owner /developer shall pay the identified fair -share Department issuance of building permits, responsibility as determined by the City as set forth in MM 5.14 -15. The City shall whichever occurs first allocate the property owner /developer's fair -share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. 5.14 -20 Prior to the approval of a Prior to the approval of a Final Site Plan, the property owner /developer shall meet with Public Works Final Site Plan the Traffic and Transportation Manager to determine whether a bus stop(s) is required Department to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). HATOOLSTIanning Commission Administmtion\PC Resolutions\2015 ResolutloWPC2015- 024.doc 47 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring 5.14 -21 Prior to the first final building Prior to the first final building and zoning Inspection every property owner and /or Public Works and zoning Inspection lessee shall designate an on -site contact that will be responsible for coordinating with Department 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 TDM requirements shall be included in the lease or other agreement with all of the project participants. 5.14 -22 Subsequent to the Subsequent to the certification of Final EIR No. 340, and prior to the approval of the Public Works certification of Final EIR No. first Final Site Plan, if the costs of the identified improvements in the Traffic Study Department 340, and prior to the Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered approval of the first Final by the total funding allocation under the existing City fee programs and funding Site Plan sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. WATER 5.15 -1 Prior to issuance of each Prior to issuance of each building permit (to be implemented prior to final building and Planning and Building building permit (to be zoning inspections, and continuing on an on -going basis during project operation), the Department implemented prior to final property owner/ developer shall submit to the Public Utilities Department plans for building and zoning review and approval which shall ensure that water conservation measures are inspections, and continuing incorporated. The water conservation measures to be shown on the plans and on an on -going basis during implemented by the property owner /developer, to the extent applicable include, but project operation) are not limited to, the following: k. Use of low -flow sprinkler heads in irrigation systems. I. Use of waterway recirculation systems. m. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. n. Use of self - closing valves on drinking valves. o. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. p. Use of low -flow shower heads in hotels. q. Water efficient ice - machines, dishwashers, clothes washers and other water - using appliances. r. Use of irrigation systems primarily at night when evaporation rates are lowest. s. Provide information to the public in conspicuous places regarding water conservation. t. Use of water conserving landscape plant materials wherever feasible. HATOOLS \Planning Commission Administration\PC Resolutions\2015 Resolutions\PC2015- 024.doc 48 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring 5.15 -2 Prior to issuance of each Prior to issuance of each building permit, all water supply planning for the project will Public Utilities building permit be closely coordinated with, and be subject to the review and final approval of, the Department Utilities Department, Water Engineering Division and Fire Department. Fire Department 5.15 -3 Prior to issuance of each Prior to issuance of each building permit, water pressure greater than 80 pounds per Planning and Building building permit square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing Department valves installed at the property owner /developer's service. 5.15 -4 Prior to the issuance of each Prior to the issuance of each building permit, the property owner /developer shall Planning and Building building permit submit a landscape and irrigation plan which shall be prepared and certified by a Department licensed landscape architect. 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 landscaping 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. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. 5.15 -5 Prior to approval of the Final Prior to approval of the Final Site Plan and building permits, plans shall specifically Public Utilities Site Plan and building show that the water meter and backflow equipment and any other large water system Department permits equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 5.15 -6 Prior to issuance of each Prior to issuance of each building permit, unless records indicate previous payment, Public Utilities building permit, unless the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service Department records indicate previous shall be paid to the Public Utilities Department, Water Engineering Division in payment accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 5.15 -7 Prior to final building and Prior to final building and zoning inspections, a separate water meter shall be installed Planning and Building zoning inspections for landscape water on all projects where the landscape area exceeds 2,500 square Department feet in accordance with Ordinance No. 5349. HATOOLSTIanning Commission AdministrationNC Resolutions12015 ResolutionstPC2015- 024.doo 49 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring 5.15 -8 Prior to the issuance of the Prior to the issuance of the first building permit or grading permit, whichever occurs Public Utilities first building permit or first, the property owner /developer shall comply with Rule 15E of the Public Utilities Department grading permit, whichever Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to occurs first include: c. Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and d. Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. 5.15 -9 Ongoing Ongoing, the City shall continue to collaborate with the Metropolitan Water District of Public Utilities Southern California (MWD), its member agencies, and the Orange County Water Department District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. SEWER 5.16 -1 Prior to approval of a final Prior to approval of a final subdivision map or issuance of a grading or building permit, Public Works subdivision map or issuance whichever occurs first, the property owner /developer shall participate in the City's Department of a grading or building Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to permit, whichever occurs assist in mitigating existing and future sanitary sewer system deficiencies as follows: first The property owner /developer shall submit a report for review and approval of the City Engineer to assist in determining the following: C. 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. d. 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 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 HATOOLStPlanning Commission AdministmtionNC Resolutions\2015 ResolutionstPC2015- 024.doc 50 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion 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 3.10.7 -5 Prior to issuance of the first Prior to issuance of the first building permit for development of a facility other than Public Works (FEIR No. 311, building permit parking in the Future Expansion District, the applicant shall enter into an agreement Department MMP No. 67) with the City of Anaheim to pay or cause to be paid its fair share of funding for the following improvements: • The applicable segments of a City sewer replacement or parallel line to an existing 18 -inch City sewer line in Orangewood Avenue from the existing 24 -inch District trunk sewer line at Ninth Street to a point of west of 1 -5. This will be necessary for construction of the Future Expansion District or any other developments in the Commercial Recreation Area south of Katella and West of 1 -5. This mitigation will be readdressed in subsequent environmental review for the Future Expansion District. • A City sewer main replacement or parallel line in Harbor Boulevard from Convention Way to Orangewood Avenue. The City recognizes that these improvements will serve not only the applicant but also other property owners /developers in the Specific Plan area, the Anaheim Resort, and the service area, each of which should contribute its allocable share of the cost of these improvements. To implement this requirement as it applies to other property owners /developers in the Specific Plan area, the Anaheim Resort, and the service area, the City shall, and shall make appropriate arrangements with other public agencies, if any, to reimburse the applicant to the extent that its contributions for these improvements exceed the applicant's allocable share of the cost. Such arrangements shall include one or more of the following: (1) creation of integrated financing districts; (2) entry into a reimbursement agreement with the applicant; (3) creation of appropriate community facilities districts, assessment districts, and /or use of similar public financing districts and /or mechanisms; and (4) creation of other such mechanisms or districts as may be appropriate to provide for the reimbursement of HATOOLMPlanning Commission AdministiationTC Resolutionst2015 ResolutionsTC2015-024.doc 51 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion these costs. The determination of the allocable share of improvement costs attributable to the applicant and other property owners /developers, and reimbursement amounts, shall be based on an apportionment of the costs of such improvements among property owners /developers, including the applicant, in the Specific Plan area, the Anaheim Resort, or otherwise defined service area, as applicable, depending on the area served. To implement this mitigation measure, the City has adopted the Sewer Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the property owner /developer (per Ordinance No. 5490 and Resolution No. 95R -60 dated April 18, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements with the applicant. ELECTRICITY 5.17 -1 Prior to issuance of each Prior to issuance of each building permit, the property owner /develop shall consult Public Utilities building permit with the City of Anaheim Public Utilities Department, Business and Community Department Programs Division in order to review energy efficient measures to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High - efficiency air - conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100 %) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors /separable activity areas f. Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan -coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting k. Use of Energy Star@ exit lighting or exit signage. I. Use of T -8 lamps and electronic ballasts where applications of standard HATOOLS \Planning Commission Administration\PC Resolutions=15 Resolutions1PC2015- 024.doc 52 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Completion Measure Number Timing Measure Monitoring fluorescent fixtures are identified m. Use of lighting power controllers in association with metal - halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air - conditioning for spaces or facilities that may require air - conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. p. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems b. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds wa requirements c. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 5.17 -2 Prior to final building and Prior to final building and zoning inspection, the property owner /developer shall install Public Utilities zoning inspection an underground electrical service from the Public Utilities Distribution System. The Department Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 5.17 -3 Prior to issuance of each Prior to issuance of each building permit, the property owner /developer shall submit Planning and Building building permit plans and calculations to the City of Anaheim Planning Department, Building Division, Department to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 5.17 -4 Prior to approval of a Final Prior to approval of a Final Site Plan, the property owner /developer shall coordinate Public Utilities Site Plan with the Public Utilities Department to incorporate feasible renewable energy Department generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. STORM WATER 5.18 -1 Prior to approval of a final Prior to approval of a final subdivision map, or issuance of a grading or building Public Works subdivision map, or permit, whichever occurs first, the property owner /developer shall participate in the Department issuance of a grading or City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) building permit, whichever Program to assist in mitigating existing and future storm drainage system deficiencies HATOOLS \Planning Commission Administration \PC Resolutions\2015 Resolutions\PC2015- 024.doc 53 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion occurs first as follows: The property owner /developer shall submit a report for review and approval by the City Engineer to assist with determining the following: c. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities /flows, then the property owner /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. d. 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. 5.18 -2 Ongoing Ongoing, the City shall work with the Orange County Flood Control District (OCFCD) Public Works to ensure that flood control facilities are well maintained and capable of Department accommodating, at a minimum, future 25 -year storm flows for City -owned and maintained facilities, and 100 -year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County's Public Property Permits Section for any activity performed within OCFCD's right of way. HATOOLS \Planning Commission Administration\PC Resolulions12015 Resolutions\PC2015- 024.doc 54 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Responsible for Measure Number Timing Measure Monitoring Completion 5.18 -3 Prior to the issuance of Prior to the issuance of building permits, the City shall require that building plans Planning and Building building permits indicate that new developments will minimize stormwater and urban runoff into Department drainage facilities by incorporating design features such as detention basins, on -site water features, and other strategies. H: \TOOLS\Planning Commission Administnation\PC Resolutions\2015 Resolutions\PC2015- 024.doc 55 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FOR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion OTHER PUBLIC UTILITIES 5.19 -1 Prior to issuance of each Prior to issuance of each building permit; to be implemented prior to final building and Public Works building permit; to be zoning Inspection, the property owner /developer shall submit project plans to the Department implemented prior to final Public Works Department for review and approval to ensure that the plans comply with building and zoning AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Inspection Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: e. Detailing the location and design of on -site recycling facilities. f. Providing on -site recycling receptacles to encourage recycling. g. Complying with all Federal, State and City regulation for hazardous material disposal. h. 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: f. Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. g. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. h. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. i. 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. j. Prohibiting curbside pick -up. 5.19 -2 Ongoing during project Ongoing during project operation, the following practices shall be implemented, as Public Works operation feasible, by the property owner /developer: Department a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. H1TOOLSPIanning Commission AdministratiomPC Resolutionst2015 Resolutions%PC2015- 024.doc 56 Updated and Modified Mitigation Monitoring Plan No. 322 Country Inns & Suites Project Addendum to FEIR No. 311 and SEIR No. 340 Mitigation Measure Number Timing Measure Responsible for Monitoring Completion c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 5.19 -3 Prior to issuance of building Prior to issuance of building permits, plans shall show that trash storage areas shall Public Works permits be provided and maintained in a location acceptable to the City of Anaheim Department Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. 5.19 -4 Prior to issuance of each Prior to issuance of each building permit, the Property Owner /Developer shall Public Works building permit demonstrate that the plans include provisions for the installation of trash and recycle Department receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. 5.19 -5 Prior to issuance of each Prior to issuance of each grading and building permit, the Property Owner /Developer Planning and Building grading and building permit shall submit to the Planning Director or Planning Services Manager for approval a Department Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. HATOOLSTIanning Commission AdministratiomPC Resolutionst2015 Resolutions\PC2015- 024.doe 57 Updated and Modified Mitigation Monitoring Plan No. 322