Resolution-PC 2015-029RESOLUTION NO. PC2015 -029
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT THE PREVIOUSLY - CERTIFIED FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT NO. 340 SERVES AS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2014 - 05763, VARIANCE NO. 2014 -04970 AND FINAL
SITE PLAN NO. 2014 -00009 AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2014- 00085)
(1480 SOUTH HARBOR BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2014-
05763, Variance No. 2014 -04970 and Final Site Plan No. 2014 -00009 to demolish an existing
4,800 square foot (approximate) restaurant building located on that certain real property at 1480
South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property "), and to construct in its place a 5,290 square foot freestanding restaurant
with a 720 - square foot outdoor patio with fewer parking spaces than required by the Anaheim
Municipal Code (the "Code ") (herein referred to as the "Proposed Project "); and
WHEREAS, the Property, consisting of approximately 4.2 acres, is developed with a
freestanding restaurant (to be demolished) and 470 -room hotel. The Anaheim General Plan
designates the Property for Commercial Recreation land uses. The Property is located within the
boundaries of the Anaheim Resort Specific Plan and within the Commercial Recreation (C -R)
District (Development Area 1) of the the Anaheim Resort Specific Plan Zone and is, therefore,
subject to the zoning and development standards set forth 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; 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, 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 ( "Final EIR No. 340 ") (which Final EIR No. 340
included mitigation measures, a water supply assessment, a statement of overriding
considerations and findings thereto), which reevaluated all of the environmental changes that had
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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 up 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, 2014, which was continued to April 6, 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 Conditional Use Permit No. 2014- 05763, Variance No. 2014 -04970 and Final Site Plan
No. 2014 -00009 to investigate and make findings and recommendations in connection therewith;
and
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, pursuant to paragraph .0204 (Environmental Review) of Subsection .020
(Final Site Plan Review and Approval) of Section 18.116.040 (Methods and Procedures for
Specific Plan Implementation) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP
92 -2) Zoning and Development Standards) of the Code, the Planning Commission hereby finds
and determines that, in accordance with CEQA, the CEQA Guidelines, and the City's Local
CEQA Procedure Manual, the approvals required under CEQA for the Proposed Project have
been made pursuant to the prior certification of MEIR No. 313 and Final EIR No. 340, prior
approvals of related resolutions and ordinances, and the prior filing of a notice of determination;
and
WHEREAS, the Planning Commission further finds and determines that Final EIR No.
340 will serve as the appropriate environmental documentation in connection with the Proposed
Project and that none of the conditions set forth in Sections 15162 or 15163 of the CEQA
Guidelines calling for the preparation of a subsequent environmental impact report or a supplement
to Final EIR No. 340 have occurred; specifically:
a. There have not been any substantial changes in the project analyzed in Final EIR
No. 340 that require major revisions of Final EIR 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 Final EIR No.
340 due to the involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; and
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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 Final EIR No.
340 was certified as complete was adopted, that shows any of the following: (a) the Proposed
Project will have one or more significant effects not discussed in Final EIR No. 340; (b)
significant effects previously examined will be substantially more severe than shown in Final
EIR No. 340; (c) 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 project proponents decline to adopt the mitigation measures or alternatives; or (d)
mitigation measures or alternatives which are considerably different from those analyzed in Final
EIR No. 340 would substantially reduce one or more significant effects on the environment, but
the project proponents decline to adopt the mitigation measures or alternatives; 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
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and
considered Mitigation Monitoring and Reporting Program No. 318 ( "MMP No. 318 "), which is
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
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 proposed Conditional Use Permit No. 2014 -05763 does find and
determine the following facts:
1. The request to expand a nonconforming use or structure, including the
construction of a freestanding restaurant in conjunction with an existing legal - nonconforming
hotel, provided that the expansion brings the Property into greater conformity with the intent of
the Anaheim Resort Specific Plan, is properly one for which a conditional use permit is
authorized under 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; and
2. The Proposed Project will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located because the Proposed
Project is consistent and compatible with existing resort and tourism related uses in the zone; and
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3. The size and shape of the site for the use is adequate to allow the full development
of the Proposed Project in a manner not detrimental to the particular area or to the health and
safety because the Proposed Project would be adjacent to an existing restaurant to the south; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets and adequate parking will be provided to accommodate the use; and
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
land use will be integrated with the surrounding commercial area and would not pose a health or
safety risk to the citizens of the City of Anaheim or the adjoining City.
WHEREAS, the Planning Commission does further find and determine that the request
for Variance No. 2014 -04970 to permit less parking than required by the Code in conjunction
with proposed restaurant should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(454 spaces required; 295 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. A parking study was prepared by LSA
Associates which determined that, based on the non - conflicting peak hoursfor the hotel and
restaurant, shared peak parking demand is projected to be 256 parking spaces; 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 on -site parking will not increase or compete for on- street parking,
since adequate parking is provided on -site to accommodate the peak parking demands of the
proposed indoor and outdoor smoking lounges in conjunction with an existing restaurant and the
other uses on the site; 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. The parking study demonstrated that there is adequate on site parking to meet the
demands of the existing and proposed uses, such that parking should not impact other properties;
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
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5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation. Additionally, the hotel valet station would be
located a more than adequate distance from the public street such that vehicle queing would
occur on -site and not affect pedestrian or vehicular circulation along Harbor Boulevard.
WHEREAS, the Planning Commission does further find and determine that the request
for approval of Final Site Plan No. 2014 -00009 should be approved for the following reasons:
1. Subject to compliance with MMP No. 318 and 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 Anaheim Resort Specific Plan No. SP92 -2 and
is consistent with the zoning and development standards of said Specific Plan, as described in
Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) Zoning and Development
Standards) of the Code, with the exception of the conditional use permit 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 fixture 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 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 - 05763, Variance No. 2014 -04970 and Final Site Plan
No. 2014 - 00009, contingent upon and subject to MMP No. 318 and 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.
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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
April 6, 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.
CMAN, PLANNINMMISSION
tn"VE CITY OF ANAHEITW
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 April 6, 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 6 th day of April, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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10. :li:1VEMU
DEV NO. 2014 -00085
APN: 082- 170 -55
W MANCHESTER AVE
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05763, VARIANCE NO. 2014-04970
AND FINAL SITE PLAN NO. 2014-00009
(DEV2014- 00085)
Mitigation Monitoring Plan No. 318: Mitigation Measures ( "MM ") from Mitigation Monitoring Plan No. 318
are incorporated into these conditions of approval. Mitigation Monitoring Plan No. 318 includes all applicable
measures from Mitigation Monitoring Program No. 85C, adopted in conjunction with the certification of
Supplemental Environmental Impact Report No. 340 (SEIR No. 340) for the Anaheim Resort Specific Plan. All
mitigation measures are identified by the "MM" before the description of the requirement. Modifications to these
measures are indicated as follows: additions are shown in bold and deletions are shown in str4kethfough.
Terms and Definitions:
1. Property Owner — JWMFE Anaheim LLC
2. Developer — Pride Bakeries II, LLC
3. Project Site — The project site is the "Lease Property" area, identified on Figure 1, ALTA Survey.
4. 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 developer. Staff time for reviews will be charged on a time and materials basis at the rate in the
City's adopted fee schedule.
5. Timing — The point in time where a condition of approval must be monitored for compliance. In the case
where multiple action items are indicated, it is the first point where compliance must be monitored. Once
the initial action item has been complied with, no additional monitoring will occur because routine City
practices and procedures will ensure that the intent has been complied with.
6. 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.
On -going Conditions of Approval — The conditions that are designated to occur on an on -going basis will
be monitored in the form of an annual letter from the developer in January of each year stating how
compliance with the subject conditions have been achieved. When compliance with a condition related to
on -going operation of a use has been demonstrated for a period of one year, monitoring of the condition
will be deemed to be satisfied and no further monitoring will occur. For conditions that are monitored "On-
going During Construction," the annual letter will review those measures only while construction is
occurring. Monitoring will be discontinued after construction is complete.
8. That the developer shall be responsible for compliance with any and all direct costs associated with the
monitoring and reporting of all mitigation measures set forth in Mitigation Monitoring Plan No. 318,
established by the City of Anaheim as required by Section 21081.6 of the Public Resources Code to ensure
implementation of those identified measures within the timeframes identified in the measure.
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-10- PC2015-029
-11- PC2015 -029
REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO FINAL SITE PLAN APPROVAL
I
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 -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.
3
MM 5.12 -1: Prior to the approval of each Final Site Plan and issuance of each
Police
building permit, the pfepei4y own 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).
4
MM 5.15 -5: Prior to approval of the Final Site Plan and building permits, plans
Public
shall specifically show that the water meter and backflow equipment and any other
Utilities
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.
PRIOR TO ISSUANCE OF GRADING PERMITS
5
Prior to issuance of grading permits, the applicant shall submit to the Public
Public Works
Works Development Services Division for review and approval the FinalWater
Quality Management Plan that conforms with current Orange County Guidelines
and Requirements as well as the City's WQMP Review Checklist.
6
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 preper4—ewner /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
sewer system deficiencies as follows:
The 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
prepei4y e 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 prepe#
ewneB developer shall be required to guarantee mitigation to the satisfaction of
-11- PC2015 -029
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
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 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 prepe#
ewp r d eveloper 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 prepeA
ewner4d eveloper 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 5.18 -1: Prior to approval of a final subdivision map, or issuance of a grading
Public
or building permit, whichever occurs first, the pr-epe� er�developer shall
participate in the City's Master Plan of Storm Drains and related Infrastructure
Works
Improvement (Fee) Program to assist in mitigating existing and future storm
drainage system deficiencies as follows:
The pr-eperty own 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 pr-epe45
eer4 developer's responsibility shall be limited to participation in the
Infrastructure Improvement (Fee) Program to provide storm drainage facilities
in 10- and 25 -year storm frequencies and to protect properties /structures for a
100 -year storm frequency.
If the specific development /redevelopment increases or redirects the current or
historic storm water quantity /flow, then the eveloper 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-pfepe4y e e Meveloper 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 eveloper shall participate in the Infrastructure
Improvement (Fee) Program as determined by the City Engineer which could
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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 pfepe y °w 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.
8
MM 5.7 -4: Prior to issuance of the first grading or demolition permit, whichever
Fire
occurs first the pr-epeAy ewner4developer 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.
9
MM 5.12 -6: Prior to issuance of each grading permit, the pfepeA
Fire
ewxef/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.
10
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
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.
11
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.
12
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 pfepe4
Building
ewner Meveloper 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 pr-epefty ewxer�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.
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13
MM 5.5 -6: Prior to issuance of building or grading permits, the prepei4�
Planning and
ewne 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.
14
MM 5.15 -8: Prior to the issuance of the first building permit or grading permit,
Public
whichever occurs first, the pr-epeft� own developer shall comply with Rule 15E
Utilities
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.
15
MM 5.8 -1: Prior to issuance of the first grading or building permit, whichever
Public Works
occurs first, the prepeAy ewner4developer 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.
16
MM 5.14 -5: Prior to the issuance of grading permits, the prepei4y
Public Works
ewer, 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
17
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 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
1 8
MM 5.5 -5: Ongoing during grading activities, the prepei4y own 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
19
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
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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.
20
The applicant shall submit street improvement plans for landscape and irrigation
Public Works
to the Public Works Department, Development Services Division and a bond shall
be posted to guarantee the construction of all public works improvements in an
amount approved by the City Engineer and in a form approved by the City
Attorney. The landscape and irrigation improvement plans shall be prepared in
accordance with the Anaheim Resort Specific Plan for Harbor Blvd, and Public
Works Landscape and Irrigation Manual for Public Street and Highway. The
improvements shall be constructed prior to final building and zoning inspections.
21
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 ownerAL— ieleper 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.
22
The property owner shall irrevocably offer to dedicate in a signed deed to the City
Public Works
of Anaheim an easement of variable width from the centerline of Harbor Blvd.
that will provide an additional 8 -foot right -of -way dedication for road, public
utilities and other public purposes as required per the Anaheim Resort Specific
Plan. Please refer to exhibit 4.4.12 of the ARSP.
23
MM 5.12 -9: Prior to issuance of the first building permit, the pr-epeAy
Fire
ewiie 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 pfepeA
owne developer shall be based on an apportionment of the costs of such
equipment /facilities among property owners /developers in the Hotel Circle
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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 ~~°~°4y o ne 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.
24
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 pr-opei4y ewii 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.
25
MM 5.12 -11: Prior to issuance of each building permit, the prepei4y
Fire
aw iier, 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 ~~epei4 y own re developer shall be responsible for securing
facilities acceptable to the Fire Department and hydrants shall be operational with
required fire flow.
26
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 pfeperty
ew+ier, developer in accordance with the Anaheim Municipal Code. Said sprinklers
shall be installed prior to each final building and zoning inspection.
27
MM 5.12 -14: Prior to approval of building plans, the prepet 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.
28
MM 5.2 -6: Prior to the issuance of each building permit, the prepei4y
Planning and
evi%er developer, shall implement, and demonstrate to the City, measures that are
Building
being taken to reduce operation - related air quality impacts. These measures may
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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
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.
29
MM 5.15 -4: Prior to the issuance of each building permit, the preperty
Planning and
own 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.
30
MM 5.2 -2: Prior to the issuance of each building permit, the pfepe#
Planning and
ewner4d eveloper 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 pr eAy own re 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 pr-epe 4y ewner4developer 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.
31
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.
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32
MM 5.12 -17: Prior to issuance of each building permit, the preperty
Planning and
owner, developer shall provide proof of compliance with Government Code
Building
Section 53080 (Schools).
33
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.
34
MM 5.10 -10: Prior to issuance of each building permit, the preperty
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.
35
MM 5.15 -3: Prior to issuance of each building permit, water pressure greater than
Planning and
80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of
Building
pressure reducing valves installed at the prepei4y owner/developer's service.
36
MM 5.17 -3: Prior to issuance of each building permit, the pfep&4
Planning and
owne 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.
37
MM 5.5 -3: Prior to issuance of each building permit, the prep&4
Planning and
ewner� 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.
38
MM 5.5 -1: Prior to issuance of each building permit, the pr-epei4y
Planning and
ewnef� 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.
39
MM 5.1 -11: 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
authorized improvements installed by the pfepet4y ewner4developer.
40
MM 5.5 -2: Prior to issuance of each foundation permit, the pr$pe#y
Planning and
ewnen 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.
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CONDITIONS OF APPROVAL
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41
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.
42
MM 5.15 -2: Prior to issuance of each building permit, all water supply planning
Public
for the project will be closely coordinated with, and be subject to the review and
Utilities
final approval of, the Public Utilities Department, Water Engineering Division and
Fire Department.
43
MM 5.15 -1: Prior to issuance of each building permit (to be implemented prior to
Public
final building and zoning inspections, and continuing on an on -going basis during
Utilities
project operation), the ,,,.,, ft., ow r °re 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 pr-epei4y ewner4developer, 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.
44
MM 5.15 -6: Prior to issuance of each building permit, unless records indicate
Public
previous payment, the appropriate fees for Primary Mains, Secondary Mains and
Utilities
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.
45
MM 5.14 -2: Prior to issuance of the first building permit for each building, the
Public Works
prepei4y ew developer shall pay the appropriate Traffic Signal Assessment
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 prepefty ow developer. The property owner
shall also participate in all applicable reimbursement or benefit districts, which
have been established.
46
MM 5.8 -6: Prior to issuance of building permits, the prepei4y ewn 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.
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47
MM 5.19 -1: Prior to issuance of each building permit; to be implemented prior to
Public Works
final building and zoning Inspection, the pi:e e fty own re 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 preiy-e 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
to reduce the total volume of solid waste and the number of trips required
for collection.
e. Prohibiting curbside pick -up.
48
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.
49
MM 5.19 -4: Prior to issuance of each building permit, the Pr-epei4�
Public Works
ewffer/D eveloper 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.
50
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
51
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
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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.
52
MM 5.12 -16: Prior to approval of water improvement plans, the water supply
Fire
system shall be designed by the pr-eper4y owner4developer 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
53
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.
ONGOING DURING CONSTRUCTION
54
MM 5.10 -1: Ongoing during construction, the prepei4y own developer shall
Planning and
ensure that all internal combustion engines on construction equipment and trucks
Building
are fitted with properly maintained mufflers.
55
MM 5.2 -3: Ongoing during construction, the pfepet4y E)w 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.
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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.
56
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.
57
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.
58
MM 5.10 -8: Ongoing during construction, property owners /developers shall pay
Planning and
for all reasonable costs associated with noise monitoring which shall include
Building
monitoring conducted by a certified acoustical engineer under the direction of the
Planning and Building Department four times a year on a random basis to ensure
that outdoor construction- related sound levels at any point on the exterior project
boundary property line do not exceed 60 dBA between the hours of 7:00 PM and
7:00 AM of the following day where outside construction is occurring. If a
complaint is received by the City, additional noise monitoring shall be conducted
at the discretion of the City. If the monitoring finds that the 60 dBA threshold is
being exceeded, construction activities will be modified immediately to bring the
sound level below the 60 dBA requirement, with additional follow -up monitoring
conducted to confirm compliance.
59
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 pr-apeAy own developer shall reimburse
Public Works
the City, on a fair -share basis, if applicable, for reasonable costs associated with
such services.
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PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
60
All required street and storm drain improvements shall be constructed prior to the
Public Works
first final building and zoning inspections and are subject to review and approval
by the Construction Services inspector.
61
All required site WQMP items shall be inspected and operational.
Public Works
62
MM 5.12 -10: Prior to each final building and zoning inspection, the preper4
Fire
ewneEdeveloper shall place emergency telephone service numbers in prominent
locations as approved by the Fire Department.
63
MM 5.1 -7 and 5.8 -4: Prior to final building and zoning inspections, the pfepei4
Planning and
ew-n � 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.
64
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.
65
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
66
MM 5.8 -5: Prior to final building and zoning inspection, the prep"
Public
ew*er4developer shall install piping on -site with project water mains so that
Utilities
reclaimed water may be used for landscape irrigation, if and when it becomes
available.
67
MM 5.14 -4: Prior to the final building and zoning inspection, the preps
Public Works
developer 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.
68
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 pfepei4y ewii 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.
69
MM 5.14 -9: Prior to the final building and zoning inspection, the pr-epeAy
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
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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
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
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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.
70
MM 5.14 -21: Prior to the final building and zoning Inspection evefy-pfepeAy
Public Works
ewn °~&°~ less°° developer 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
71
The developer shall ensure that areas used for hotel valet parking and self - parking
Planning
allow for adequate available parking to serve the restaurant. Should parking
overflow onto off -site areas, a Parking Management Plan shall be submitted for
Public Works
review and approval to the Planning Department, Planning Services Division and
Public Works, Traffic and Transportation Division that addresses the shared
parking for the restaurant, hotel self -park and hotel valet park.
72
MM 5.2 -1: Ongoing during project operation, the pr-epef4y -ewn developer shall
Planning and
implement measures to reduce emissions to the extent practical, schedule goods
Building
movements for off -peak traffic hours, and use clean fuel for vehicles and other
equipment, as practicable.
73
MM 5.8 -3: Ongoing during project operations, the prepefty ewdeveloper 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.
74
MM 5.1 -10: Ongoing, a licensed arborist shall be hired by the preperty
Planning and
owne developer to be responsible for all tree trimming.
Building
75
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
76
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
developer, in compliance with City standards.
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77
MM 5.1 -3: Ongoing, the pr-epe#y awne9developer shall be responsible for the
Planning and
removal of any on -site graffiti within 24 hours of its application.
Building
78
MM 5.12 -3: Ongoing during project operation, the pf;6pe 5 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.
79
MM 5.18 -2: Prior to the issuance of building permits, the City shall require that
Planning and
building plans indicate that new developments will minimize stormwater and
Building
urban runoff into drainage facilities by incorporating design features such as
detention basins, on -site water features, and other strategies.
80
MM 5.19 -2: Ongoing during project operation, the following practices shall be
Public Works
implemented, as feasible, by the pr- ap°.++y awn re 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.
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