RES-2008-169RESOLUTION NO. 2008- 169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING FINAL SITE PLAN NO.
2007 -00013
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for approval of a Final Site Plan, designated as Final Site Plan No. 2007 00013, for a new 120 -room
hotel for that certain real property situated in The Anaheim Resort area of the City of Anaheim,
County of Orange, State of California, as more particularly shown in Exhibit "A' attached hereto and
incorporated herein by this reference; and
WHEREAS, Final Site Plan No. 2007 -00013 is proposed in connection with a
request seeking the approval of an amendment to the Anaheim Resort Specific Plan Specific Plan
No. 92 -2 to increase the hotel density for the property from Low Density to Medium Density
(Specific Plan Amendment No. 2007 00051") and Tentative Parcel Map No. 2006 -195 and Variance
No. 2007 -04742 to establish a 2 -lot subdivision and permit the development of a 120 -room hotel
with waiver of interior landscape setback requirement (the` Project Actions); and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the
Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on August 18, 2008, at
2:30 p.m., notice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and
consider evidence for and against said proposed Project Actions, including Final Site Plan No.
2007 00013, and, at said hearing, did receive evidence and reports from persons interested therein
and from its staff; and
WHEREAS, said Planning Commission, after due inspection, investigation and
studies made by itself and in its behalf and after due consideration of all evidence and reports
offered at said hearing, did adopt its Resolution No. PC2008 -83 approving Final Site Plan No.
2007 00013; and
WHEREAS, said Planning Commission, by its Motion, did request that the Anaheim
City Council review the Planning Commission's action approving Final Site Plan No. 2007 -00013 at
a duly noticed public hearing; and
WHEREAS, thereafter, the City Council did set Final Site Plan No. 2007 -00013 for
a de novo hearing, which public hearing was duly noticed and held as prescribed by law and, as a
result thereof, the City Council does hereby make the following findings:
1. That the request to develop a 120 -room hotel complies with the Anaheim Resort
Specific Plan (SP92 -2) requirements including zoning and development standards and the Anaheim
Resort Design Plan, with the exception that less landscaping is proposed adjacent to an interior
property line than required by code and that approval of said code waiver is requested in
conjunction with Variance No. 2007 04742.
2. That the hotel project on Parcel No. 1 as depicted on the Final Site Plan Exhibit
Nos. 1 -21 on file in the Planning Department will be compatible with the existing hotel located on
Parcel No. 2 and has been appropriately designed to promote increased pedestrian activity, efficient
internal pedestrian and vehicular circulation, and recreational activity for visitors. Moreover, the
project has been designed to have an attractive appearance from Ball Road to preserve and enhance
The Anaheim Resort.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Anaheim does hereby approve Final Site Plan No. 2007 -00013 subject to the conditions of approval
described in Exhibit`B'attached hereto and incorporated by this reference which are hereby found to
be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health, safety and general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 30th day of September 2008, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: NONE
70527.v1 /MGordon
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NONE
NONE
CITY CLERK OF THE CITY OF ANAHEIM
By:
-2-
CITY OF AHEIM
MAYOR OF THE CITY QI7ANAHEIM
EXHIBIT "A"
1
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F.tik
2
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345'
BALL RD
603.72'.
24 0'
OD
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Source: Recorded Tract Maps andforCity GIS.
Please note the accuracy i s +J- tv o to five feet.
No.
Conditions of Approval
(NOTE: Mitigation Measures "MM Project Design Features "PDF and Standard
Conditions "SC from Mitigation Monitoring Program No. 000003 are incorporated into
these conditions of approval and are identified by the mitigation measure number below
applicable condition numbers.)
Responsible
for Monitoring
PRIOR TO ISSU.NC'EiOF:BU7. ,L G 'E,R11 ITS
1
(MM I -1)
The property owner /developer shall submit plans which illustrate that all
mechanical equipment and trash areas for the subject building(s) will be
screened from adjacent public streets and adjacent residential areas. A note
shall be added to construction documents indicating that screening shall be
installed prior to the first final building and zoning inspection.
Planning
2
(MM I -2)
The property owner /developer shall submit a landscape and irrigation plan
which shall be prepared and certified by a licensed landscape architect. The
landscape plan shall include a phasing plan for the installation and
maintenance of landscaping associated with that building permit and shall be
in conformance with the Water Efficiency Landscape Ordinance.
The irrigation plan shall specify methods for monitoring the irrigation system.
The system shall ensure that irrigation rates do not exceed the infiltration of
local soils, that the application of fertilizers and pesticides do not exceed
appropriate levels of frequencies, and that surface runoff and over watering is
minimized.
The landscape and irrigation plans shall include water conserving features
such as low flow irrigation heads, automatic irrigation scheduling equipment,
flow sensing controls, rain sensors, soil moisture sensors, and other water
conserving equipment. In addition, all irrigation systems shall be designed so
that they will function properly with reclaimed water, once a system is
available. The landscape and irrigation plans shall be reviewed by the
Anaheim Resort Maintenance District.
Planning
Public Works,
Anaheim Resort
Maintenance
3
(PDF I -1)
The property owner /developer shall submit plans which detail the lighting
system for any parking facilities adjacent to residential or light- sensitive uses.
The systems shall be designed and maintained in such a manner as to conceal
light sources to the extent feasible to minimize light spillage and glare to the
adjacent uses. The plans shall be prepared and signed by a licensed electrical
engineer, with a letter from the engineer stating that, in the opinion of the
engineer, this requirement has been met. All lighting fixtures, types and
locations shall be identified on the plan submitted for building permits.
Planning
EXHIBIT "B"
FINAL SITE PLAN NO. 2007-00013
4
(MM 1-2)
The property owner /developer shall submit evidence that low emission paints
and coatings are utilized in the design and construction of buildings, in
compliance with SCAQMD regulations. This information shall be denoted on
the project plans and specifications. The property owner /developer shall also
implement the following to limit emission from architectural coatings and
asphalt usage:
a. Use nonsolvent -based coatings on buildings, wherever appropriate.
b. Use solvent -based coatings, where they are necessary, in ways that
minimize solvent emissions.
c. Encourage use of high -solid or water -based coatings.
Planning
5
(MM III -5)
The property owner /developer shall comply with all SCAQMD offset
regulations and implementation of Best Available Control Technology
(BACT) and Best Available Retrofit Control Technology (BARCT) for any
new or modified stationary source. Copies of permits shall be given to the
Planning Department.
South Coast Air
Quality
Management
District (for
permit
issuance);
Planning (for
verification of
permit
application and
receipt)
6
(MM II -6)
The property owner /developer shall implement, and demonstrate to the City,
measures that are 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 pumping and transporting water.
e. To the extent feasible, provide daycare opportunities for employees or
participate in a joint development daycare center.
Resource
Efficiency;
Planning
7
(MM III -7)
Implementation of energy conservation techniques (i.e., installation of energy
saving devices, construction of electrical vehicle charging stations, use of
sunlight filtering window coatings or double -paned windows, utilization of
light- colored roofing materials as opposed to dark- colored roofing materials,
and placement of shady trees next to habitable structures) shall be indicated on
plans.
Resource
Efficiency;
Planning
8
(MM VI -1)
The property owner /developer shall submit plans showing that the proposed
structure has been analyzed for earthquake loading and designed according to
the most recent seismic standards in the Uniform Building Code adopted by
the City of Anaheim.
Building
9
(MM VI -3)
The property owner /developer shall submit 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.
Building
10
The property owner /developer shall place a note on the grading and
construction plans stating that the construction contractor shall limit all
construction- related activities that would be result in high noise levels to
between the hours of 7:OOam and 7:OOpm Monday through Saturday.
Planning Code
Enforcement
Building
(verification of
notes on plans)
11
(MM XIII -1)
Projects shall be required to comply with requirements in effect at the time
building permits are issued (i.e., impact fees, etc.).
Police
12
(MM XIII -5)
Plans shall be submitted to 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. Adequate onsite private fire hydrants shall be provided by the property
owner /developer. The precise number, types and locations of the
hydrants shall be determined during building permit review. Hydrants
are to be a maximum of 400 feet apart.
c. A minimum residual water pressure of 20 psi shall remain in the water
system. Flow rates for parking facilities shall be set at 1,000 to 1,500
gpm.
Fire
13
(MM XIII -6)
The property 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.
Fire
14
(MM XIII -9)
The property owner /developer shall submit plans to the Police Department for
review and approval for the purpose of incorporating safety measures in the
project design including the concept of crime prevention through
environmental design (e.g., building design, circulation, site planning, and
lighting of parking structures and parking areas).
Police
15
(MM XIII -11)
The project design shall 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.
Police
16
(MM XIII -12)
The property owner /developer shall provide proof of compliance with
Government Code Section 53080 (schools) to the Building Division of the
Planning Department.
Planning,
Building
17
(SC XIII -1)
The property owner /developer shall coordinate with the City of Anaheim
Police Department to ensure that all public safety recommendations will be
implemented as part of the project.
Police
18
(MM XVI-2)
The property owner /developer shall participate in the Cit7s 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 /flow, then the
property ownefs/developefs 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.
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
Development
Services
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.
(Note: The City has adopted the Storm Drain Impact and Improvement Fee
Program for the South Central City Area. Compliance with this Fee Program
by the Property Owner/Developer [per Ordinance No. 5491 and Resolution
No. 95R 61 dated April 18, 1995] shall satisfy the requirements of this
mitigation measure.)
19
(MM XVI -5)
The property owner /developer shall submit plans showing that the structure
will comply with the State Energy Efficiency Standards for Nonresidential
Buildings (Title 24, Part 6, Article 2, California Code of Regulations) and
will consult with the City of Anaheim Public Utilities Resource Efficiency
Division in order to review above Title 24 measures to incorporate into the
project design including energy efficient designs.
Resource
Efficiency;
Planning,
Building
20
(MM XVI -7)
The property owner /developer shall install an underground electrical service
from the Public Utilities Distribution System. The 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.
Electrical
Engineering,
Resource
Efficiency;
planning,
Building (for
verification of
inclusion on
building plans)
21
(MM XVI -9)
The property owner /developer shall demonstrate on plans that fuel efficient
models of gas powered building equipment have been incorporated into the
project, to the extent feasible.
Planning,
Building
22
(MM XV -1)
Payment of Transportation Impact and Improvement fee shall be in lieu of the
following improvements at the intersection of Disneyland Drive at Ball Road:
Modify the six -phase traffic signal to an eight -phase traffic signal with
protected left-turn phasing on Disneyland Drive and Ball Road. Widen
Disneyland Drive to provide dual northbound left -turn lanes, two through
lanes, and an exclusive right -turn lane. Re -stripe Disneyland Drive to provide
exclusive southbound dual left -turn lanes, a through lane, and a shared
through right -turn lane. Re -stripe the westbound through right -turn lane on
Traffic and
Transportation;
Planning,
Building
Ball Road to provide an exclusive westbound right -turn lane.
23
(MM XV -2)
Payment of Transportation Impact and Improvement fee shall be in lieu of the
following improvements, Walnut Street at Ball Road: Re -stripe the
northbound right -turn lane on Walnut Street to a shared northbound through
right -turn lane. Re -stripe the southbound right -turn lane on Walnut Street to a
shared southbound through right -turn lane.
Traffic and
Transportation;
Planning,
Building
24
(MM XV -3)
Payment of Transportation Impact and Improvement fee shall be in lieu of the
following improvements Disneyland Drive at Ball Road: In addition to the
planned improvements identified previously, remove one of the dual
northbound left -turn lanes on Disneyland Drive. Widen and/or re -stripe the
westbound right -turn lane to a shared through right -turn lane.
Traffic and
Transportation;
planning,
Building
25
The developer shall join and financially participate in the Anaheim
Transportation Network and Clean Fuel Shuttle Program.
Traffic and
Transportation
PRIOR 3 .CF
At BUILDING-AM) ZONING INSPECTIONS
26
(MM I -3)
The property owner /developer shall participate in the assessment district for
landscape installation and maintenance established for The Anaheim Resort.
planning
27
(MM VIII -4)
The property owner /developer shall submit a letter from a licensed landscape
architect to the City, certifying that the landscape installation and irrigation
systems have been installed as specified in the approved landscaping and
irrigation plans.
planning
28
(MM XIII -4)
Plans shall indicate that all buildings shall have sprinklers installed by the
property owner /developer in accordance with Anaheim Municipal Code. Said
sprinklers shall be installed prior to each final building and zoning inspection.
Fire
29
(MM XIII -8)
The property owner /developer shall place emergency telephone service
numbers in prominent locations as approved by the Fire Department.
Fire
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 Anaheini'
program or other substitute program as may be developed by the
30
City.
(MM XVI -3)
In order to meet the requirements of the Solid Waste Reduction Act of 1989
Streets and
(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:
Sanitation
a. Facilitating paper recycling by providing chutes or convenient
locations for sorting and recycling bins.
b. Facilitating cardboard recycling (especially in retail areas) by
providing adequate space and centralized locations for
collection and bailing.
c. Facilitating glass recycling (especially from restaurants) by
providing adequate space for sorting and storing.
d. Providing trash compactors for 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.
The property owner /developer shall implement energy- saving practices in
compliance with Title 24, which may include the following:
a. Use of high- efficiency air conditioning systems controlled by a
computerized management system including features such as a
variable air volume system, a 100- percent outdoor air
Resource
economizer cycle, sequential operation of air conditioning
Efficiency;
31
(MM XVI -6)
equipment in accordance with building demands, isolation of
air conditioning to any selected floor or floors.
Planning,
Building (for
b. Use of electric motors designed to conserve energy.
verification of
c. Use of special lighting fixtures such as motion sensing light-
inclusion on
switch devices and compact fluorescent fixtures in place of
incandescent lights.
d. Use of T8 lamps and electronic ballasts. Metal hallide or high
pressure sodium for outdoor lighting and parking lots.
building plans)
32
(MM XVI -8)
The Southern California Gas Company has developed several programs which
are intended to assist in the selection of the most energy- efficient water heaters
and furnaces. The property owner /developer shall implement a program, as
required, to reduce the demand on natural gas supplies.
Southern
California Gas
Company;
Planning,
Building
33
All air conditioning facilities and other roof and ground mounted equipment
shall be shielded from public view as required by the ARSP and the sound
buffered to comply with the City of Anaheim noise ordinances from any
adjacent residential or transient- occupied properties. Such information shall
be specifically shown on the plans submitted for building permits.
Planning
34
All plumbing or other similar pipes and fixtures located on the exterior of the
building shall be fully screened from view of adjacent public rights -of -way
and from adjacent properties by architectural devices and/or appropriate
building materials; and further, such information shall be specifically shown
on the plans submitted for building permits.
Planning
ISSUANCE E. OF GRAD V PERMITS
35
(MM III -4)
The property owner /developer shall submit Demolition and Import/Export
Plans. The plans shall include identification of offsite locations for materials
exported from the project and options for disposal of excess materials. These
options may include recycling of materials onsite, sale to a soil broker or
contractor, sale to a project in the vicinity or transport to an environmentally
cleared landfill, with attempts made to move it within Orange County. The
property owner /developer shall offer recyclable building materials, such as
asphalt or concrete for sale or removal by private firms or public agencies for
use in construction of other projects, if not all can be reused on project site.
Field
Engineering
36
(MM V -1)
Prior to approval of each grading plan, the property owner /developer shall
submit a letter to the Public Works /Engineering Department, Development
Services Division, and the Planning Department, Planning Division,
identifying the certified archaeologist that has been hired to ensure that the
following actions are implemented:
a. The archaeologist must be present at the pregrading conference
in order to establish procedures for temporarily halting or
redirecting work to permit the sampling, identification, and
evaluation of artifacts if potentially significant artifacts are
uncovered. If 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.
Development
Services;
Planning,
c. Any archaeological work at the site shall be conducted under
the direction of the certified archaeologist. If any artifacts are
discovered during grading operations when the archaeological
monitor is not present, grading shall be diverted around the area
until the monitor can survey the area.
d. A final report detailing the findings and disposition of the
specimens shall be submitted to the City Engineer. Upon
completion of the grading, the archaeologist shall notify the
City to when the final report will be submitted.
37
(MM V -2)
The property owner /developer shall submit a letter to the Public
Works /Engineering Department, Development Division, and the Planning
Department, Planning Division, identifying the certified paleontologist that
had been hired to ensure that the following actions are implemented:
a. The paleontologist must be present at the pregrading conference
in order to establish procedures to temporarily halt or redirect
work to permit the sampling, identification, and evaluation of
fossils if potentially significant paleontological resources are
uncovered. If artifacts are uncovered and found to be
significant, the paleontological observer shall determine
appropriate actions in cooperation with the property
owner /developer for exploration and /or salvage.
b. Specimens that are collected prior to or during the grading
process will be donated to an appropriate educational or
research institution.
c. Any paleontological work at the site shall be conducted under
the direction of the certified paleontologist. If any fossils are
discovered during grading operations when the paleontological
monitor is not present, grading shall be diverted around the area
until the monitor can survey the area.
d. A final report detailing the findings and disposition of the
specimens shall be submitted. Upon completion of the grading,
the paleontologist shall notify the City, as to when the final
report will be submitted.
Development
Services;
Planning
38
(MM VI -2)
The property owner /developer shall submit to the City Engineer for review and
approval, a soils and geological report for the area to be graded, based on
proposed grading and prepared by an engineering geologist and geotechnical
engineer. All grading shall be in conformance with Title 17 of the Anaheim
Municipal Code.
Planning,
Building
39
(MM VII -2)
The property owner /developer shall submit a plan for review and approval to
the Environmental Protection Section of the Fire Department which details
procedures that will be taken if a previously unknown UST or other unknown
hazardous material or waste, is discovered onsite.
Orange County
Health
Department
(authorized
activities
ative
re surfaced
contamination);
Water
Engineering,
Fire
40
(MM VIII -1)
The property owner /developer shall ensure compliance with all recommended
structural and non structural Best Management Practices identified in the
Water Quality Management Plan (WQMP).
Development
Services
41
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 City Engineer.
Development
Services
(MM VIII -2)
42
(MM VIII -6)
The property owner /developer shall submit a Master Drainage and Runoff
Management Plan (MDRMP) for review and approval by the Public
Works /Engineering Depaitnient, 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.
Development
Services (plan
review); Orange
County
Environmental
Management
Agency
(authorized
activities)
43
(SC VIII -1)
Construction General Permit Notice of Intent (NOI): This project will result in
soil disturbance of one (1) or more acres of land that has not been addressed by
an underlying subdivision map. Prior to the issuance of preliminary or precise
grading permits, the Landowner or subsequent Project Applicant shall provide
the City Engineer with evidence that an NOI has been filed with the State
Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board or Regional Water
Quality Control Board, or a letter from either agency.
Development
Services
Construction Phase Storm Water Pollution Prevention Plan (SWPPP): Prior to
the issuance of grading permits, the Landowner or subsequent Project
Applicant shall prepare an SWPPP that will:
a. Require implementation of Best Management Practices (BMPs)
designed with a goal of preventing a net sediment load increase
in storm water discharges relative to preconstruction levels;
b. Prohibit during the construction period discharges of storm
water or non -storm water at levels which would cause or
contribute to an exceedance of applicable water quality
standards contained in the Basin Plan;
c. Discuss in detail the BMPs planned for the project related to
Planning
44
control of sediment and erosion, non sediment pollutants, and
Development
(SC VIII -2)
potential pollutants in non -storm water discharges;
d. Describe post construction BMPs for the project;
e. Explain the maintenance program for the projects BMPs;
f. During construction, require reporting of violations to the
Services
Regional Board; and
g. List the parties responsible for SWPPP implementation and
BMP maintenance during and after grading. The project
proponent shall implement the SWPPP and will modify the
SWPPP as directed by the Construction General Permit.
The Project Applicant shall ensure the following conditions have been
incorporated into the grading and construction plans:
a. Contractors shall schedule construction activities to avoid
simultaneous use of several pieces of high noise level- emitting
Planning, Code
45
equipment, to the extent practicable.
Enforcement;
(SC XI -2)
b. Construction equipment shall be fitted with manufacturer's
Building
standard (or better) noise shielding and muffling devices to
(verification of
reduce noise levels to the maximum extent feasible.
c. Equipment maintenance and staging areas should be located as
far away from local residences and hotel uses as feasible.
notes on plans)
46
The property owner /developer shall submit an emergency fire access plan to
(MM XIII -3)
the Fire Department for review and approval to ensure that service to the site is
in accordance with Fire Depai tment service requirements.
Fire
GE C
Ongoing during project operation, the property owner /developer shall
47
implement measures to reduce emissions to the extent practical, schedule
Traffic and
(MM III -1)
goods movement for off -peak traffic hours, and use clean fuel for vehicles and
other equipment, as practicable.
Transportation
Ongoing during construction, the property owner /developer shall implement
measures to reduce construction- related air quality impacts. These 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. Enclosing, covering, watering twice daily, or applying approved
soil binders, according to manufacture's specification, to
exposed stock piles.
c. Roadways adjacent to the project shall be swept and cleared of
any spilled export materials at least twice a day to assist in
South Coast Air
minimizing fugitive dust; and, haul routes shall be cleared as
Quality
needed if spills of materials exported from the project site
Management
occur.
District;
48
(MM III -3)
d. Where practicable, heavy duty construction equipment shall be
kept onsite when not in operation to minimize exhaust
Planning,
Building
(verification of
emissions associated with vehicles repetitiously entering and
notes on plans);
exiting the project site.
Development
e. Trucks importing or exporting soil material and /or debris shall
Services (for
be covered prior to entering public streets.
f. Taking preventive measures to ensure that trucks do not carry
dirt on tires onto public streets, including treating onsite roads
and staging areas.
g. Preventing trucks from idling for longer than 2 minutes.
h. Manually irrigate or activate irrigation systems necessary to
water and maintain the vegetation as soon as planting is
completed.
i. Reduce traffic speeds on all unpaved road surfaces to 15 miles
per hour or less.
j. Suspend all grading operations when wind speeds (as
instantaneous gust) exceed 25 miles per hour and during first
and second stage smog alerts.
annual review)
k. Comply with the SCAQMD Rule 402, which states that no dust
impacts shall occur offsite which are sufficient to be called a
nuisance, and SCAQMD Rule 403, which restricts visible
emissions from construction.
1. Use low emission mobile construction equipment (e.g., tractors,
scrapers, dozers) where practicable.
m. Utilize existing power sources (e.g. power poles) or clean -fuel
generators rather than temporary power generators, where
practicable.
n. Maintain construction equipment engines by keeping them
properly tuned.
o. Use low sulfur fuel for equipment, to the extent practicable.
49
(MM III -8)
During building demolition, no more than half of the total restaurant square
footage, or 5,500 square feet per day, shall be demolished per day.
planning
50
(MM IV -1)
Prior to building demolition or construction activities, the City shall ensure
that a survey for active raptor nests occurs 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 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.
planning
51
(MM VI -4)
Prior to issuance of each foundation permit, the property owner /developer
shall submit a report prepared by a geotechnical engineer for review and
approval which shall investigate the subject foundation excavation to
determine if soft layers are present immediately beneath the footing site and to
ensure that compressibility does not underlie the footing.
Planning
52
(MM VII -1)
Ongoing during demolition and construction, in the event that 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.
Orange County
Health
Depaitinent
(hazardous
water and
material
disposal);
p Fire
(hazardous
materials /waste
from USTs and
annual review);
Air Quality
Management
District
(asbestos
disposal permit)
53
(MM VIII -3)
During project operations, the property owner /developer shall provide for the
following: cleaning of all paved areas not maintained by the City 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.
Streets and
Sanitation
54
(MM VIII -5)
During project construction, the property owner /developer shall install piping
onsite with project water mains so that reclaimed water may be used for
landscape irrigation, if and when is becomes available from the County
Sanitation District of Orange County.
Water
Engineering
55
(MM XIII -2)
Prior to commencement of structural framing on each parcel or lot, onsite fire
hydrants shall be installed and charged by the property owner /developer as
required and approved by the Fire Department.
Fire
56
(MM XIII -7)
Prior to approval of water improvement plans, the water supply 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 in
accordance with Fire Department requirements.
Fire
57
(MM XIII-
10)
Ongoing during project operation, the property owner /developer shall 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.
Police
58
(SC XVI -1)
Prior to approval of the tentative parcel map and throughout the construction
process, the Property Owner/Developer shall ensure avoidance of any notable
service disruptions during the extension, relocation, upgrading of, or
connection to services.
Planning
59
(MM XVI -1)
Prior to City authorization of any increase in density for Parcel 2, and subject
to the recorded covenant on the property, the Property Owner /Developer shall
ensure that the following improvement is implemented to the satisfaction of
the City of Anaheim Public Works Department:
Approximately 300 linear feet of 8 -inch sewer line in Hampstead Street shall
be replaced with a 10 -inch sewer line.
Development
Services,
Planning
60
(MM XVI -4)
Ongoing during project operation, the following practices shall be
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.
Planning,
Building
61
That root and sidewalk barriers shall be provided for trees (with the exception
of palm trees) within seven feet of public sidewalks.
planning
62
That any tree planted within the Setback Realm shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or dead.
planning
63
That the subject property shall be developed substantially in accordance with
the plans and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department Exhibit Nos. 1
through 21 and as conditioned herein.
planning
64
That this Final Site Plan is granted subject to approval of and finalization of
Specific Plan Amendment No. 2007 00051, Variance No. 2007 -04742 and
Tentative Parcel Map No. 2006 -195
Planning
65
That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code
and any other applicable City, State and Federal regulations. Approval does
not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
Planning
66
That extensions for further time to complete conditions of approval may be
granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
Planning
67
That 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 Anaheim Municipal Code
and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
Planning