Resolution-PC 2016-030RESOLUTION NO. PC2016-030
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
RECOMMENDING THAT THE CITY COUNCIL (1) APPROVE AND ADOPT AN
ADDENDUM TO THE PREVIOUSLY -CERTIFIED FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT NO. 340 FOR AMENDMENT NO. 14 TO THE
ANAHEIM RESORT SPECIFIC PLAN AND FINAL ENVIRONMENTAL IMPACT REPORT
NO. 311 FOR THE DISNEYLAND RESORT SPECIFIC PLAN AND DETERMINE THAT
SAID ENVIRONMENTAL DOCUMENTATION SERVES AS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED PROJECT AND
CONDITIONAL USE PERMIT NO. 2016-05858, VARIANCE NO. 2016-05060, FINAL SITE
PLAN NO. 2016-00001 AND DEVELOPMENT AGREEMENT NO. 2016-00001; AND (2)
APPROVE CONDITIONAL USE PERMIT NO. 2016-05858, VARIANCE NO. 2016-05060,
FINAL SITE PLAN NO. 2016-00001 AND DEVELOPMENT AGREEMENT NO. 2016-00001
(DEV2015-00120)
(1700 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. 2016-
05858, Variance No. 2016-05060 and Final Site Plan No. 2016-00001 to permit the construction
of a 580 -room, eight -story hotel with 50,000 square feet of meeting space, 25,600 square feet of
restaurant space, 20,188 square feet of concierge lounge space, and, fewer parking spaces than
required by the Anaheim Municipal Code (the "Code") (the"Project) for certain real property
located at 1700 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
WHEREAS, pursuant to the authority set forth in Section 65867 of the California
Government Code and the general authority set forth in Section 65864 et seq. of the Government
Code (the "Development Agreement Act"), the City's inherent power as a charter city, and the
Development Agreement Act implementing procedures adopted by the City in Resolution
No. 82R-565 (the "Procedures Resolution"), the City of Anaheim received a verified petition
from Good Hope International, a California corporation (the "Developer"), requesting that the
City consider and approve a Development Agreement, designated as Development Agreement
No. 2016-00001, in conjunction with the Developer's application for the aforementioned
entitlements; and
WHEREAS, the Project, Conditional Use Permit No. 2016-05858, Variance No. 2016-
05060, Final Site Plan No. 2016-00001 and Development Agreement No. 2016-00001 shall be
referred to herein collectively as the "Proposed Project"; and
WHEREAS, the Property, consisting of approximately 8.8 acres, is developed with a
300 -room hotel and accessory uses. The Anaheim General Plan designates the Property for
Commercial Recreation land uses. The Property is located within the boundaries of both District
-1- PC2016-030
A and the Anaheim GardenWalk Overlay of the Disneyland Resort Specific Plan Zone (the
"DRSP"). The land use and site development standards for District A of the DRSP permit the
Property to be developed with uses set forth in Chapter 18.116 (Anaheim Resort Specific Plan
No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code ("ARSP"). The Project is a
permitted primary use and structure on the Property subject to the limitations prescribed in
subsection .020 of Section 18.114.095 (Land Use and Site Development Standards — District A)
of Chapter 18.114 (Anaheim Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development
Standards) of Title 18 (Zoning) of the Code and Section 18.114.105 (Anaheim Gardenwalk
Overlay) of said Chapter 18.114; and
WHEREAS, in support of the adoption of the DRSP, the City Council certified Final
Environmental Impact Report No. 311 ("FEIR No. 311") by the adoption on June 22, 1993 of its
Resolution No. 93R-107; and
WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort
Specific Plan to provide a long-range comprehensive plan for future development of
approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim
Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape
program, and a public facilities plan, intended to maximize the area's potential, guide future
development, and ensure a balance between growth and infrastructure. The Anaheim Resort
Specific Plan permits the development of hotel, convention, retail, and other visitor -serving uses,
as well as the infrastructure improvements that are needed to support future development; and
WHEREAS, on September 27, 1994, the City Council adopted Ordinance No. 5454 for
the purpose of amending the zoning map to reclassify certain real property described therein into
the ARSP, subject to certain conditions as specified therein. The City Council concurrently
adopted Ordinance No. 5453 for the purpose of establishing zoning and development standards
for the ARSP in the form of what was then known as Chapter 18.48 of Title 18 (Zoning) of the
Code and is now known as Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)
Zoning and Development Standards) of Title 18 (Zoning) of the Code; and
WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City
Council certified Master Environmental Impact Report ("MEIR No. 313") by the adoption on
September 20, 1994 of its Resolution No. 94R-234; and
WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental
Environmental Impact Report No. 2008-00340 ("SEIR No. 340"), which reevaluated all of the
environmental changes that had occurred in and around the Anaheim Resort Specific Plan Area
since its adoption in 1994 and contained an analysis of the potential environmental impacts of
various entitlements and actions referenced therein, including, inter alia, entitlements permitting
the maximum build -out of the Anaheim Resort Specific Plan, including an increase of to 406,359
square feet of convention center space, 180,000 square feet of commercial development, 900
hotel rooms, and 40,000 square feet of hotel meeting/ballroom space; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, 2016 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 the Proposed Project, including, specifically,
Conditional Use Permit No. 2016-05858, Variance No. 2016-05060, Final Site Plan No. 2016-
-2- PC2016-030
00001 and Development Agreement No. 2016-00001 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, an Addendum to FEIR No. 311 and SEIR No. 340, dated April 2016 (herein
referred to as the "Addendum"), a copy of which is on file in the Planning Department and
incorporated herein by this reference as though fully set forth, has been prepared pursuant to the
provisions of Section 15164 of the CEQA Guidelines in order to determine whether any
significant environmental impacts which were not identified in FEIR No. 311 and/or SEIR No.
340 would result or whether previously identified significant impacts would be substantially
more severe in connection with the Proposed Project. FEIR No. 311, SEIR No. 340, the
proposed Addendum and Mitigation Monitoring Plan No. 329 ("MMP"), which MMP has been
prepared for the Proposed Project, collectively constitute the environmental documentation under
and pursuant to CEQA the CEQA Guidelines, and the City's Local CEQA Procedure Manual
relating to the Proposed Project and shall be referred to herein collectively as the "CEQA
Documents"; and
WHEREAS, the Planning Commission has reviewed and considered the CEQA
Documentsand finds and determines and recommends that the City Council also find and
determine as follows:
1. That the Addendum was prepared for the Proposed Project in compliance with the
requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure
Manual.
2. That, based upon the evidence submitted and as demonstrated by the analysis included
in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA
Guidelines calling for the preparation of a subsequent or supplemental EIR or negative
declaration have occurred; specifically:
(a) There have not been any substantial changes in the project described and analyzed
under FEIR No. 311 and SEIR No. 340 that require major revisions of those CEQA
Documents because of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects;
(b) There have not been any substantial changes with respect to the circumstances under
which the Proposed Project is undertaken that require major revisions of FEIR No. 311
and SEIR No. 340 due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; and
-3- PC2016-030
(c) There is no new information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence at the time FEIR
No. 311 and SEIR No. 340 were certified as complete and adopted, that shows any of the
following: (a) the Proposed Project will have one or more significant effects not
discussed in FSEIR No. 339 or the other CEQA Documents; (b) significant effects
previously examined will be substantially more severe than shown in FEIR No. 311 or
SEIR 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 Developer declines to adopt the mitigation measures or
alternatives; or (d) mitigation measures or alternatives which are considerably different
from those analyzed in FEIR No. 311 and SEIR No. 340 would substantially reduce one
or more significant effects on the environment, but the Developer decline to adopt the
mitigation measures or alternatives.
3. In connection with the Proposed Project and the Planning Commission's review of the
Addendum, the Planning Commission has independently reviewed all of the CEQA Documents
and has exercised its independent judgment in making the findings and determinations set forth
herein.
4. Pursuant to the above findings, the Planning Commission determines that FEIR No.
311 and SEIR No. 340, together with the Addendum, satisfy all of the requirements of CEQA
and are adequate to serve as the required environmental documentation for the Proposed Project
and hereby recommends that the City Council approve and adopt the Addendum and Mitigation
Monitoring Program No. 329 for the Proposed Project.
WHEREAS, the Planning Commission does further find and determine that the request
for proposed Conditional Use Permit No. 2016-05858 to allow two concierge lounges, limited
strictly to the use of hotel guests, does find and determine the following facts:
1. Pursuant to the authority conferred upon the Planning Commission by Table 116-C
(Primary Uses and Structures: C-R District (Development Area 1)) of Section 18.116.070 of
Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development
Standards) of the Code, the proposed two concierge lounges are not expressly permitted or
prohibited in the C-R District (Development Area 1) of the ARSP but may be established by
conditional use permit when determined by the Planning Commission to be consistent and
compatible with the intended purpose of the ARSP; and
2. The proposed two concierge lounges are consistent and compatible with the
intended purpose of the ARSP because the use would serve as an additional amenity and
complement hotels developments in the area; and
3. The proposed use will not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located because the use is consistent
and compatible with existing resort and tourism related uses in the Disneyland Resort Specific
Plan Zone; and
4. The size and shape of the site for the use is adequate to allow the full development
of the proposed use, in a manner not detrimental to either the particular area or health and safety
because the proposed use would be oriented toward the interior of the Project; and
-4- PC2016-030
5. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the use
would be limited to guests of the hotel, such that no additional traffic would be generated; and
6. 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 use
would be integrated into the Proposed Project 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 the Proposed Project with accessory uses should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(1,097 spaces required; 917 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 based on the analysis conducted by LSA
Associates. Shared parking methodology forecasts the maximum parking demand to be 549
parking spaces when banquet and meeting space is not in use, and 949 parking spaces when
banquet and meeting space is fully utilized. The project will construct 917 standard parking stalls
and 32 tandem parking stalls, which can be used to park a total of at least 949 vehicles through
use of a valet operations plan. Therefore, the project will not cause fewer off-street parking
spaces to be provided for the proposed use than the number of spaces necessary to accommodate
all parked vehicles attributable to the project; and
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on-site parking within the property will adequately accommodate
the parking demands of the hotel. Additionally, on -street parking is not permitted on the adjacent
public streets; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the on-site parking will adequately accommodate the
parking demands of the proposed hotel. The nearby parking lots consist of an access controlled
privately -owned parking lots and structures; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation.
-5- PC2016-030
WHEREAS, the Planning Commission does further find and determine that the request
for a Final Site Plan should be approved for the following reasons:
1. Subject to compliance with the conditions of approval attached to this Resolution as
Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and
layout, complies with the Disneyland Resort Specific Plan No. SP92-1 and is consistent with the
zoning and development standards of said Specific Plan, as described in Chapter 18.114 of the
Code, with the exception of the parking variance request, as described herein.
2. The design and layout of the Proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
3. The architectural design of the Proposed Project is compatible with the character of
the surrounding hotels and development located within the land area of the Disneyland Resort
Specific Plan and adjacent Anaheim Resort Specific Plan.
4. The design of the Proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The Proposed Project will not be detrimental to the public health, safety or welfare,
or materially injurious to the properties or improvements in the vicinity of the Proposed Project.
WHEREAS, the Planning Commission does further find and determine that the proposed
project, based on the size of the development, which includes the construction of 580 hotel
rooms and 1,125,800 square feet of hotel, meeting and restaurant space, is eligible to enter into a
Development Agreement, based on meeting one or more of the following criteria:
1. That the project shall occupy at least fifty (50) acres; or
2. That, upon completion, the project shall result in the construction of at least (i) two
hundred fifty (250) dwelling units, (ii) two hundred fifty thousand (250,000) square feet of
commercial -office space, or two hundred fifty thousand (250,000) square feet of industrial space;
or
3. That the project will be constructed in phases over an anticipated period of not less
than five (5) years; or
4. A project shall also be eligible if the Planning Director finds that the public health,
safety or general welfare of the citizens of Anaheim will best be served by accepting an
Application for consideration by the Planning Commission and City Council.
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of and based upon all of the
testimony, evidence and reports offered at said hearing, does find and determine that the
proposed Development Agreement No. 2016-00001, in the form presented at this meeting, meets
all of the standards and requirements set forth in the Procedures Resolution, that is:
-6- PC2016-030
1. The proposed Development Agreement is consistent with the General Plan and with
the goals, policies, programs and objectives specified in the General Plan;
2. The proposed Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the applicable zoning district(s) in which the Project is and
will be located;
3. The proposed Development Agreement is compatible with the orderly development
of property in the surrounding area;
4. The proposed Development Agreement No. is not otherwise detrimental to the
health and safety of the citizens of the City of Anaheim; and
5. The proposed Development Agreement No. 2016-00001 constitutes a lawful,
present exercise of the City's police power and authority under, is entered into pursuant to, and is
in compliance with the City's charter powers, the requirements of the Development Agreement
Act and the Procedures Resolution.
WHEREAS, this 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 presentation, 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. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations and based upon a thorough review of the proposed Addendum, the other CEQA
Documents, and the evidence received to date, this Planning Commission does hereby approve
and recommend that the City Council of the City of Anaheim take the following action: (1)
approve and adopt the Addendum and the MMP for the Project, and (2) approve Conditional Use
Permit No. 2016-05858, Variance No. 2016-05060, Final Site Plan No. 2016-00001 and
Development Agreement No. 2016-00001 in the form presented at this meeting, and the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property in order to preserve the health, safety and general welfare of the citizens of the City of
Anaheim. Extensions for further time to complete conditions of approval may be granted in
accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of
approval may be amended by the Planning Director upon a showing of good cause provided (i)
equivalent timing is established that satisfies the original intent and purpose of the 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.
-7- PC2016-030
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of April 18, 2016. 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.
(� � 2, -
CHAIR, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
zo:t-�� oe��'
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 18, 2016, by the following vote of the
members thereof-
AYES:
hereof
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 181h day of April, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-8- PC2016-030
I */1('.11.3 I EMU
DEV NO. 2015-00120
APN: 082-271-10
082-271-09
W DISNEY WAY
131' � 73.72'
r
rn 39'
107' M
J
00
cc c0
0 U')
co
UD
a
x
657'
00
so ioo Source: Recorded Tract Maps and/or City GIS.
0
Fee[ Please note the accuracy is +/- two to five feet.
-9- PC2016-030
EXHIBIT "B"
DEVELOPMENT AGREEMENT NO. 2016-00001,
CONDITIONAL USE PERMIT NO. 2016-05858,
VARIANCE NO. 2016-05060 AND FINAL SITE PLAN NO. 2016-00001
(DEV2015-00120)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF DEMOLITION PERMITS
1
MM 5.2-4: Prior to issuance of each grading permit (for Import/Export
Planning and
Plan) and prior to issuance of demolition permit (for Demolition Plan), the
Building
property owner/developer shall submit Demolition and Import/Export
plans. The plans shall include identification of offsite locations for
materials export from the project and options for disposal of excess
material. These options may include recycling of materials onsite, sale to a
soil broker or contractor, sale to a project in the vicinity or transport to an
environmentally cleared landfill, with attempts made to move it within
Orange County. The property owner/developer shall offer recyclable
building materials, such as asphalt or concrete for sale or removal by
private firms or public agencies for use in construction of other projects, if
not all can be reused on the project site.
2
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
Building
shall be 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.
3
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
Building
schedule for 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.
-10- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
4
MM 5.7-4: Prior to issuance of the first grading or demolition permit,
Fire
whichever occurs first the property owner/developer shall submit a plan for
review and approval by the Fire Department which details procedures that
will be taken if previously unknown USTs, or other unknown hazardous
material or waste, is discovered onsite.
PRIOR TO ISSUANCE OF GRADING PERMIT
5
MM 5.4-1: Prior to issuance of each grading permit, the property
Public Works
owner/developer shall submit a letter identifying the certified archaeologist
that has been hired to ensure that the following actions are implemented:
a. The archaeologist must be present at the pre -grading conference in
order to establish procedures for temporarily halting or redirecting work
to permit the sampling, identification, and evaluation of artifacts if
potentially significant artifacts are uncovered. If artifacts are uncovered
and determined to be significant, the archaeological observer shall
determine appropriate actions in cooperation with the property
owner/developer for exploration and/or salvage.
b. Specimens that are collected prior to or during the grading process will
be donated to an appropriate educational or research institution.
c. Any archaeological work at the site shall be conducted under the
direction of the certified archaeologist. If any artifacts are discovered
during grading operations when the archaeological monitor is not
present, grading shall be diverted around the area until the monitor can
survey the area.
d. A final report detailing the findings and disposition of the specimens
shall be submitted to the City Engineer. Upon completion of the
grading, the archaeologist shall notify the City as to when the final
report will be submitted.
6
MM 5.4-2: Prior to issuance of each grading permit, the property
Public Works
owner/developer shall submit a letter identifying the certified
paleontologist that has been hired to ensure that the following actions are
implemented:
a. The paleontologist must be present at the pre -grading conference in
order to establish procedures to temporarily halt or redirect work to
permit the sampling, identification, and evaluation of fossils if
potentially significant paleontological resources are uncovered. If
artifacts are uncovered and found to be significant, the paleontological
observer shall determine appropriate actions in cooperation with the
property owner/developer for exploration and/or salvage.
b. Specimens that are collected prior to or during the grading process will
be donated to an appropriate educational or research institution.
c. Any paleontological work at the site shall be conducted under the
direction of the certified paleontologist. If any fossils are discovered
-11- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
during grading operations when the paleontological monitor is not
present, grading shall be diverted around the area until the monitor can
survey the area.
7
MM 5.15-8: Prior to the issuance of the first building permit or grading
Public Utilities
permit, whichever occurs first, the property owner/developer shall comply
with Rule 15E of the Public Utilities Department Water Rates, Rules, and
Regulations. Rule 15E shall be amended to include:
a) Construction of a new well with a minimum 1,500 GPM capacity to
serve The Anaheim Resort Area (tentative location near Ponderosa Park
and Orangewood Avenue); and
b) Construction of a new 16-inch water main along Harbor Boulevard
from Orangewood to Chapman Avenue.
8
MM 5.16-1: Prior to approval of a final subdivision map or issuance of a
Public Works
grading or building permit, whichever occurs first, the property
owner/developer shall participate in the City's Master Plan of Sewers and
related Infrastructure Improvement (Fee) Program to assist in mitigating
existing and future sanitary sewer system deficiencies as follows:
The property owner/developer shall submit a report for review and
approval of the City Engineer to assist in determining the following:
a) If the development/redevelopment (1) does not discharge into a sewer
system that is currently deficient or will become deficient because of
that discharge and/or (2) does not increase flows or change points of
discharge, then the property owner's/developer's responsibility shall be
limited to participation in the Infrastructure Improvement (Fee)
Program.
b) If the development/redevelopment (1) discharges into a sewer system
that is currently deficient or wi44 may become deficient because of that
discharge and/or (2) increases flows or changes points of discharge,
then the property owner/developer shall be required to develop a Sewer
Study to determine the impacts and required improvements to
correct those impacts. Property owner/developer shall guarantee
mitigation to the satisfaction of the City Engineer and the City Attorney
of the impact prior to approval of a final subdivision map or issuance of
a grading or building permit whichever occurs first, pursuant to the
improvements identified in the individual Sewer Study or the
applicable City Master Sewer Plan Seu4h GentralAffea—Sewer
The property owner/developer shall be required to
install the sanitary sewer facilities, as recommended by the
aforementioned applicable Sewer Study or Plan South Gentfal ^fe
Sewer- De fi .ieney Stiady, prior to acceptance for maintenance of public
improvements by the City or final building and zoning inspections for
the building/structure, whichever comes first. Additionally, the property
owner/developer shall participate in the Infrastructure Improvement
(Fee) Program, as determined by the City Engineer, which may include
fees, credits, reimbursements, or a combination thereof. As part of
-12- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
guaranteeing the mitigation of impacts for the sanitary sewer system,
the property owner/developer shall submit a sanitary sewer system
improvement phasing plan for the project to the City Engineer for
review and approval which shall contain, at a minimum, (1) a layout of
the complete system, (2) all facility sizes, including support
calculations, (3) construction phasing, and (4) construction estimates.
The City recognizes that these improvements will serve not only the
applicant but also other property owners/developers in the Specific Plan
area, the Anaheim Resort, and the service area, each of which should
contribute its allocable share of the cost of these improvements. To
implement this requirement as it applies to other property
owners/developers in the Specific Plan area, the Anaheim Resort, and the
service area, the City shall, and shall make appropriate arrangements with
other public agencies, if any, to reimburse the applicant to the extent that its
contributions for these improvements exceed the applicant's allocable share
of the cost. Such arrangements shall include one or more of the following:
(1) creation of integrated financing districts; (2) entry into a reimbursement
agreement with the applicant; (3) creation of appropriate community
facilities districts, assessment districts, and/or use of similar public
financing districts and/or mechanisms; and (4) creation of other such
mechanisms or districts as may be appropriate to provide for the
reimbursement of these costs. The determination of the allocable share of
improvement costs attributable to the applicant and other property
owners/developers, and reimbursement amounts, shall be based on an
apportionment of the costs of such improvements among property
owners/developers, including the applicant, in the Specific Plan area, the
Anaheim Resort, or otherwise defined service area, as applicable,
depending on the area served. 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).
9
MM 5.8-1: Prior to issuance of the first grading or building permit,
Public Works
whichever occurs first, the property owner/developer shall submit a
Master Drainage and Runoff Management Plan (MDRMP) for review and
approval by the Public Works Department, Development Services Division
and Orange County (OC) Public Works/OC Engineering. The Master Plan
shall include, but not be limited to, the following items:
a. Backbone storm drain layout and pipe size, including supporting
hydrology and hydraulic calculations for storms up to and including the
100 -year storm; and,
b. A delineation of the improvements to be implemented for control of
project -generated drainage and runoff.
10
MM 5.8-2: Prior to issuance of a grading permit for sites that disturb more
Public Works
than one (1) acre of soil, the property owner/developer shall obtain
coverage under the NPDES Statewide Industrial Stormwater Permit for
General Construction Activities from the State Water Resources Control
-13- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
Board. Evidence of attainment shall be submitted to the Public Works
Department, Development Services Division.
11
MM 5.12-6: Prior to issuance of each grading permit, the property
Fire
owner/developer shall submit an emergency fire access plan to the Fire
Department for review and approval to ensure that service to the site is in
accordance with Fire Department service requirements.
12
MM 5.14-3: Prior to approval of the first final subdivision map or issuance
Public Works
of the first building permit, whichever occurs first, the property
owner/developer shall irrevocably offer for dedication (with subordination
of easements), including necessary construction easements, the ultimate
arterial highway right(s)-of-way adjacent to their property as shown in the
Circulation Element of the Anaheim General Plan.
13
MM 5.14-5: Prior to the issuance of grading permits, the property
Public Works
owner/developer shall provide to the City of Anaheim Public Works
Department a plan to coordinate rideshare services for construction
employees with the Anaheim Transportation Network (ATN) for review
and a approval and shall implement ATN recommendations to the extent
feasible.
14
MM 5.14-15: Based upon the improvement phasing analysis in the Project
Public Works
traffic study, the property owner/developer shall implement traffic
improvements as identified in the Project traffic study to maintain
satisfactory levels of service as defined by the City's General Plan, based
on thresholds of significance, performance standards, and methodologies
established by the Orange County Congestion Management program and
the City of Anaheim Traffic Study Guidelines. The improvement phasing
analysis will specify the timing, funding, construction, and fair -share
responsibilities for all traffic improvements necessary to maintain
satisfactory levels of service within the City of Anaheim and surrounding
jurisdictions. The property owner/developer shall construct, bond for or
enter into a funding agreement for necessary circulation system
improvements, as determined by the City Traffic and Transportation
Manager, unless alternative funding sources have been identified.
15
MM 5.14-19: Prior to the approval of the final subdivision map or issuance
Public Works
of building permits, whichever occurs first, the property owner/developer
shall pay the identified fair -share responsibility as determined by the City
as set forth in MM 5.14-15. The City shall allocate the property
owner/developer's fair -share contribution to traffic mitigation programs
that result in improved traffic flow on the impacted mainline and ramp
locations, via an agreement mutually acceptable to Caltrans and the City.
16
MM 5.18-1: Prior to approval of a final subdivision map, or issuance of a
Public Works
grading or building permit, whichever occurs first, the property
owner/developer shall participate in the City's Master Plan of Storm Drains
and related Infrastructure Improvement (Fee) Program to assist in
mitigating existing and future storm drainage system deficiencies as
-14- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
follows:
The property owner/developer shall submit a report for review and
approval by the City Engineer to assist with determining the following:
a. If the specific development/redevelopment does not increase or redirect
current or historic storm water quantities/flows, then the property
owner/developer's responsibility shall be limited to participation in the
Infrastructure Improvement (Fee) Program to provide storm drainage
facilities in 10- and 25 -year storm frequencies and to protect
properties/structures for a 100 -year storm frequency.
b. If the specific development/redevelopment increases or redirects the
current or historic storm water quantity/flow, then the property
owner/developer shall be required to guarantee mitigation to the
satisfaction of the City Engineer and City Attorney's office of the
impact prior to approval of a final subdivision map or issuance of a
grading or building permit, whichever occurs first, pursuant to the
improvements identified in the Master Plan of Drainage for the South
Central Area. The property owner/developer shall be required to install
the storm drainage facilities as recommended by the Master Plan of
Drainage for the South Central Area to provide storm drainage facilities
for 10- and 25 -year storm frequencies and to protect
properties/structures for a 100 -year storm frequency prior to acceptance
for maintenance of public improvements by the City or final building
and zoning inspection for the building/structure, whichever occurs first.
Additionally, the property owner/developer shall participate in the
Infrastructure Improvement (Fee) Program as determined by the City
Engineer which could include fees, credits, reimbursements, or a
combination thereof. As part of guaranteeing the mitigation of impacts
on the storm drainage system, a storm drainage system improvement
phasing plan for the project shall be submitted by the property
owner/developer to the City Engineer for review and approval and shall
contain, at a minimum, (1) a layout of the complete system; (2) all
facility sizes, including support calculations; (3) construction phasing;
and, (4) construction estimates.
17
MM 5.19-5: Prior to issuance of each grading and building permit, the
Planning and
Property Owner/Developer shall submit to the Planning Director or
Building
Planning Services Manager for approval a Construction Waste
Management Plan that, at a minimum, specifies that at least 75 percent of
non -hazardous construction and demolition debris shall be recycled or
salvaged and identifies the materials to be diverted from disposal and
whether the materials will be sorted on site or co -mingled.
ONGOING DURING PROJECT DEMOLITIONAND CONSTRUCTION
18
MM 5.5-5: Ongoing during grading activities, the property
Planning and
owner/developer shall implement standard practices for all applicable codes
Building
-15- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
and ordinances to prevent erosion to the satisfaction of the Planning and
Building Department, Building Services Division.
19
MM 5.7-6: Ongoing during project demolition and construction, in the
Fire
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.
PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ONA BUILDING SITE
20
MM 5.12-13: Prior to the placement of building materials on a building Fire
site, an all-weather road shall be provided from the roadway system to and
on the construction site and for fire hydrants at all times, as required by the
Fire Department. Such routes shall be paved or, subject to the approval of
the Fire Department, shall otherwise provide adequate emergency access.
Every building constructed must be accessible to Fire Department
apparatus. The width and radius of the driving surface must meet the
requirements of Section 10.204 of the Uniform Fire Code, as adopted by
the City of Anaheim.
PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE
21
MM 5.12-5: Prior to commencement of structural framing on each parcel or
Fire
lot, onsite fire hydrants shall be installed and charged by the property
owner/developer as required and approved by the Fire Department.
PRIOR TO ISSUANCE OF BUILDING PERMITS
22
Prior to issuance of building permits for the parking garage, plans shall
demonstrate compliance with all City standard details.
23
MM 5.1-2: Prior to issuance of building permits, all plumbing or other
Planning and
similar pipes and fixtures located on the exterior of the building shall be
Building
shown on plans 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.
24
MM 5.1-11: Prior to issuance of each building permits, unless records
Planning and
indicate previous payment, a fee for street tree purposes shall be paid or
Building
cause to be paid to 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
property owner/developer.
25
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
Building
plans as shielded from public view and the sound buffered to comply with
-16- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
26
MM 5.2-2: Prior to the issuance of each building permit, the property
Planning and
owner/developer shall submit evidence that low emission paints and
Building
coatings are utilized in the design and construction of buildings, in
compliance with SCAQMD regulations. The information shall be denoted
on the project plans and specifications. The property owner/developer shall
submit an architectural coating schedule and calculations demonstrating
that VOC emissions from architectural coating operations would not exceed
75 pounds per day averaged over biweekly periods. The calculations shall
show, for each coating, the surface area to be coated, gallons (or liters) of
coating per unit surface area, and VOC content per gallon (or liter). The
property owner/developer shall also implement the following to limit
emissions from architectural coatings and asphalt usage:
a. Use non -solvent -based coatings on buildings, wherever appropriate;
b. Use solvent -based coatings, where they are necessary.
27
MM 5.2-5: Prior to the issuance of each building permit, the property
Planning and
owner/developer shall comply with all SCAQMD offset regulations and
Building
implementation of Best Available Control Technology (BACT) and Best
Available Retrofit Control Technology (BARCT) for any new or modified
stationary source. Copies of permits shall be given to the Planning
Department.
28
MM 5.2-6: Prior to the issuance of each building permit, the property
Planning and
owner/developer shall implement, and demonstrate to the City, measures
Building
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
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 5.5-1: Prior to issuance of each building permit, the property
Planning and
owner/developer shall submit to the Planning and Building Department,
Building
-17- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
30
MM 5.5-2: Prior to issuance of each foundation permit, the property
Planning and
owner/developer shall submit a report prepared by a geotechnical engineer
Building
to the 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.
31
MM 5.5-3: Prior to issuance of each building permit, the property
Planning and
owner/developer shall submit plans to the Planning Department, Building
Building
Services 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.
32
MM 3.10.7-3: Prior to issuance of the first building permit for development
Public Works
of a facility other than parking in the Future Expansion District, the
applicant shall enter into an agreement with the City of Anaheim to pay or
cause to be paid its fair share of funding for the following improvements:
■ The applicable segments of a City sewer replacement or parallel line to
an existing 18 -inch City sewer line in Orangewood Avenue from the
existing 24 -inch District trunk sewer line at Ninth Street to a point of
west of I-5. This will be necessary for construction of the Future
Expansion District or any other developments in the Commercial
Recreation Area south of Katella and West of 1-5. This mitigation will
be readdressed in subsequent environmental review for the Future
Expansion District.
■ A City sewer main replacement or parallel line in Harbor Boulevard
from Convention Way to Orangewood Avenue.
To implement this mitigation measure, the City has adopted the Sewer
Impact and Improvement Fee Program for the South Central City Area.
Compliance with this Fee Program by the property owner/developer (per
Ordinance No. 5490 and Resolution No. 95R-60 dated April 18, 1995) shall
satisfy the requirements of this Mitigation Measure, or the City may enter
into alternative financing arrangements with the applicant.
33
MM 5.10-9: Prior to issuance of each building permit, the property
Planning and
owner/developer shall present plans and calculations to the Planning
Building
Department, Building Division to demonstrate that noise levels would be
less than 65 dBA CNEL for outdoor use areas (including dining patios,
pools, playgrounds, or outdoor gathering areas). This requirement can be
accomplished through shielding areas behind buildings or the construction
of a noise barrier.
34
MM 5.10-10: Prior to issuance of each building permit, the property
Planning and
owner/developer shall present plans and calculations to the Planning and
Building
-18- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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 5.10-12: Prior to issuance of each building permit if pile driving and
Planning and
blasting is anticipated during construction, a noise and vibration analysis
Building
must be prepared and submitted to the Planning and Building Department,
Building Division, to assess and mitigate potential noise and vibration
impacts related to these activities.
36
MM 5.12-2: Prior to the issuance of each building permit for a parking
Police
structure, the property owner/developer shall submit plans to the Police
Department for review and approval indicating the provision of closed
circuit television monitoring and recording or other substitute security
measures as may be approved by the Police Department. Said measures
shall be implemented prior to final building and zoning inspections.
37
MM 5.12-4: Prior to issuance of each building permit, the project design
Police
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.
38
MM 5.12-7: Prior to issuance of each building permit; to be implemented
Fire
prior to the final building and zoning inspection, plans shall indicate that all
buildings, exclusive of parking structures, shall have sprinklers installed by
the property owner/developer in accordance with the Anaheim Municipal
Code. Said sprinklers shall be installed prior to each final building and
zoning inspection.
39
MM 5.12-8: Prior to issuance of each building permit, plans shall be
Fire
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. Bridges and underground structures to be used for Fire Department
access shall be designed to support Fire Department vehicles weighing
75,000 pounds.
c. All underground tunnels shall have sprinklers. Water supplies are
required at all entrances. Standpipes shall also be provided when
determined to be necessary by the Fire Department.
d. Adequate off-site public fire hydrants contiguous to the Specific Plan
area and onsite private fire hydrants shall be provided by the property
owner/developer. The precise number, types, and locations of the
hydrants shall be determined during building permit review. Hydrants
-19- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
40
MM 5.12-9: Prior to issuance of the first building permit, the property
Fire
owner/developer shall enter into an agreement recorded against the
property with the City of Anaheim to pay or cause to be paid their fair share
of the funding to accommodate the following, which will serve the
Anaheim Resort Specific Plan area:
a. One additional fire truck company.
b. One additional paramedic company.
c. Modifications to existing fire stations to accommodate the additional
fire units, additional manpower, equipment and facilities.
d. A vehicle equipped with specialty tools and equipment to enable the
Fire Department to provide heavy search and rescue response
capability.
e. A medical triage vehicle/trailer, equipped with sufficient trauma
dressings, medical supplies, stretchers, etc., to handle 1,000 injured
persons, and an appropriate storage facility.
The determination of the allocable share of costs attributable to the property
owner/developer shall be based on an apportionment of the costs of such
equipment/facilities among property owners/developers in the Hotel Circle
Specific Plan Area, the Disneyland Resort Specific Plan Area and the
Anaheim Resort Specific Plan Area or the otherwise defined service area,
as applicable, depending on the area served.
Note: To implement this mitigation measure, the City has adopted the Fire
Protection Facilities and Paramedic Services Impact Fee Program.
Compliance with this Program by the property owner/developer (per
Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995) shall
satisfy the requirements of this Mitigation Measure, or the City may enter
into alternative financing arrangements.
41
MM 5.12-11: Prior to issuance of each building permit, the property
Fire
owner/developer shall submit a Construction Fire Protection Plan to the
Fire Department for review and approval detailing accessibility of
emergency fire equipment, fire hydrant location, and any other construction
features required by the Fire Marshal. The property owner/developer shall
be responsible for securing facilities acceptable to the Fire Department and
hydrants shall be operational with required fire flow.
42
MM 5.12-14: Prior to approval of building plans, the property
Fire
owner/developer shall provide written evidence to the satisfaction of the
Fire Department that all lockable pedestrian and/or vehicular access gates
-20- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
shall be equipped with "knox box" devices as required and approved by the
Fire Department.
43
MM 5.12-17: Prior to issuance of each building permit, the property
Planning and
owner/developer shall provide proof of compliance with Government Code
Building
Section 53080 (Schools).
44
MM 5.12-19: Prior to the issuance of a building permit, the property
Planning and
owner/developer shall comply with the Anaheim Municipal Code, Section
Building
17.08.385, Public Library Facilities Services Areas — Payment of Fees
Required.
45
MM 5.14-2: Prior to issuance of the first building permit for each building,
Public Works
the property owner/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 property owner/developer.
The property owner shall also participate in all applicable reimbursement or
benefit districts, which have been established.
46
MM 5.14-12: Prior to the issuance of the first building permit, the location
Public Works
of any proposed gates across a driveway shall be subject to the review and
approval of the City Engineer. Gates shall not be installed across any
driveway or private street in a manner which may adversely affect
vehicular traffic on the adjacent public streets. Installation of any gates
shall conform to the current version of Engineering Standard Detail No.
475.
47
MM 5.14-13: Prior to the issuance of building permits, plans shall show
Public Works
that all driveways shall be constructed with a minimum fifteen (15) foot
radius curb returns as required by the City Engineer, unless otherwise
approved by the City Engineer.
48
MM 5.14-14: Prior to the issuance of building permits or final map
Public Works
approval, whichever occurs first, security in the form of a bond, certificate
of deposit, letter of credit, completion guarantee, or cash, in an amount and
form satisfactory to the City Engineer shall be posted with the City to
guarantee the satisfactory completion of all engineering requirements of the
City of Anaheim, including preparation of improvement plans and
installation of all improvements, such as curbs and gutters, sidewalks, water
facilities, street grading and pavement, sewer and drainage facilities and
other appurtenant work, as required by the City Engineer and in accordance
with the specifications on file in the office of the City Engineer, as may be
modified by the City Engineer. Installation of said improvements shall
occur prior to final building and zoning inspections.
49
MM 5.15-1: Prior to issuance of each building permit (to be implemented
Planning and
prior to final building and zoning inspections, and continuing on an on-
Building
going basis during project operation), the property owner/ developer shall
submit to the Planning Services Division Public Utilities Department plans
-21- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
for review and approval which shall ensure that water conservation
measures are incorporated. The water conservation measures to be shown
on the plans and implemented by the property owner/developer, to the
extent applicable include, but are not limited to, the following:
a) Use of low -flow sprinkler heads in irrigation systems.
b) Use of waterway recirculation systems.
c) Low -flow fittings, fixtures, and equipment, including low flush toilets
and urinals.
d) Use of self-closing valves on drinking valves.
e) Use of efficient irrigation systems such as drip irrigation and automatic
systems which use moisture sensors.
f) Use of low -flow shower heads in hotels.
g) Water efficient ice -machines, dishwashers, clothes washers and other
water- using appliances.
h) Use of irrigation systems primarily at night when evaporation rates are
lowest.
i) Provide information to the public in conspicuous places regarding water
conservation.
j) Use of water conserving landscape plant materials wherever
feasible
50
MM 5.15-2: Prior to issuance of each building permit, all water supply
Public Utilities
planning for the project will be closely coordinated with, and be subject to
the review and final approval of, the Public Utilities Department, Water
Engineering Division and Fire Department.
51
MM 5.15-3: Prior to issuance of each building permit, water pressure
Planning and
greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or
Building
less by means of pressure reducing valves installed at the property
owner/developer's service.
52
MM 5.15-4: Prior to the issuance of each building permit, the property
Planning and
owner/developer shall submit a landscape and irrigation plan which shall be
Building
prepared and certified by a licensed landscape architect. The irrigation plan
shall specify methods for monitoring the irrigation system. The system
shall ensure that irrigation rates do not exceed the infiltration of local soils,
that the application of fertilizers and pesticides do not exceed appropriate
levels of frequencies, and that surface runoff and overwatering is
minimized. The landscaping and irrigation plans shall include water -
conserving features such as low flow irrigation heads, automatic irrigation
scheduling equipment, flow sensing controls, rain sensors, soil moisture
sensors, and other water -conserving equipment. The landscaping and
irrigation plans shall indicate that separate irrigation lines for recycled
water shall be constructed and recycled water will be used when it becomes
available. All irrigation systems shall be designed so that they will function
properly with recycled water.
-22- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
53
MM 5.15-6: Prior to issuance of each building permit, unless records
Public Utilities
indicate previous payment, the appropriate fees for Primary Mains,
Secondary Mains and Fire Protection Service shall be paid to the Public
Utilities Department, Water Engineering Division in accordance with Rule
15A, and Rule 20 of the Public Utilities Department Water Rates, Rules
and Regulations.
54
MM 5.17-1: Prior to issuance of each building permit, the property
Public Utilities
owner/develop shall consult with the City of Anaheim Public Utilities
Department, Business and Community Programs Division, in order to
review energy efficient measures to incorporate into the project design.
Prior to the final building and zoning inspection, the property owner
developer shall implement these energy efficient measures which may
include the following:
a. High -efficiency air-conditioning systems with EMS (computer) control
b. Variable air volume (VAV) distribution
c. Outside air (100%) economizer cycle
d. Staged compressors or variable speed drives to flow varying thermal
loads
e. Isolated HVAC zone control by floors/separable activity areas
f. Specification of premium -efficiency electric motors (i.e., compressor
motors, air -handling units, and fan -coil units)
g. Use of occupancy sensors in appropriate spaces
h. Use of compact fluorescent lamps
i. Use of cold cathode fluorescent lamps
j. Use of light emitting diode (LED) or equivalent energy-efficient
lighting for outdoor lighting
k. Use of Energy Star® exit lighting or exit signage.
1. Use of T-8 lamps and electronic ballasts where applications of standard
fluorescent fixtures are identified
in. Use of lighting power controllers in association with metal -halide or
high-pressure sodium (high intensity discharge) lamps for outdoor
lighting and parking lots
n. Consideration of thermal energy storage air-conditioning for spaces or
facilities that may require air-conditioning during summer, day -peak
periods.
o. For swimming pools and spas, incorporate solar heating, automatic
covers, and efficient pumps and motors, as feasible.
p. Consideration for participation in Advantage Services Programs
such as:
-23- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
i. New construction design review, in which the City cost -shares
engineering for up to $10,000 for design of energy efficient
buildings and systems
ii. New Construction — cash incentives ($300 to $400 per kW
reduction in load) for efficiency that exceeds Title 24 requirements
Green Building Program — offers accelerated plan approval, financial
incentives, waived plan check fees and free technical assistance.
55
MM 5.17-3: Prior to issuance of each building permit, the property
Planning and
owner/developer shall submit plans and calculations to the City of Anaheim
Building
Planning and Building Department, Building Division, to demonstrate that
the energy efficiency of each building will exceed the Title 24 Energy
Efficiency Standards for Residential and Nonresidential Buildings current
at the time of application by at least 10 percent.
56
MM 5.18-3: Prior to the issuance of building permits, the City shall require
Public Works
that 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.
57
MM 5.19-1: Prior to issuance of each building permit; to be implemented
Public Works
prior to final building and zoning Inspection, the property owner/developer
shall submit project plans to the Public Works Department for review and
approval to ensure that the plans comply with AB 939, the Solid Waste
Reduction Act of 1989, as administered by the City of Anaheim and the
County of Orange and City of Anaheim Integrated Waste Management
Plans. Prior to final building and zoning inspection, implementation of said
plan shall commence and shall remain in full effect. Waste management
mitigation measures that shall be taken to reduce solid waste generation
include, but are not limited to:
a. Detailing the location and design of on-site recycling facilities.
b. Providing on-site recycling receptacles to encourage recycling.
c. Complying with all Federal, State and City regulation for hazardous
material disposal.
d. Participating in the City of Anaheim's "Recycle Anaheim" program or
other substitute program as may be developed by the City.
In order to meet the requirements of the Solid Waste Reduction Act of 1989
(AB 939), the property owner/developer shall implement numerous solid
waste reduction programs, as required by the Public Works Department,
including, but not limited to:
a. Facilitating recycling by providing chutes or convenient locations for
sorting and recycling bins.
b. Facilitating cardboard recycling (especially in retail areas) by providing
adequate space and centralized locations for collection and storing.
-24- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
PRIOR TO APPROVAL OF WATER PLANS
58
MM 5.12-15: Prior to approval of on-site water plans, unless each
Fire
commercial building is initially connected to separate fire services, an
unsubordinated covenant satisfactory to the City Attorney's Office shall be
recorded prohibiting any individual sale of buildings until separate fire
services are installed in the building(s) subject to the sale.
59
MM 5.12-16: Prior to approval of water improvement plans, the water
Fire
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 services in accordance with Fire Department
requirements.
ONGOING DURING CONSTRUCTION
60
MM 5.2-3: Ongoing during construction, the property owner/developer
Planning and
shall implement measures to reduce construction -related air quality
Building
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. 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.
-25- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
g. Taking preventive measures to ensure that trucks do not carry dirt on
tires onto public streets, including treating onsite roads and staging
areas.
h. Preventing trucks from idling for longer than 2 minutes.
i. Manually irrigate or activate irrigation systems necessary to water and
maintain the vegetation as soon as planting is completed.
j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per
hour or less.
k. Suspend all grading operations when wind speeds (as instantaneous
gust) exceed 25 miles per hour and during first and second stage smog
alerts.
1. Comply with SCAQMD Rule 402, which states that no dust impacts
offsite are sufficient to be called a nuisance, and SCAQMD Rule 403,
which restricts visible emissions from construction.
m. Use low emission mobile construction equipment (e.g., tractors,
scrapers, dozers, etc.) where practicable.
n. Utilize existing power sources (e.g., power poles) or clean -fuel
generators rather than temporary power generators, where practicable.
o. Maintain construction equipment engines by keeping them properly
tuned.
p. Use low sulfur fuel for equipment, to the extent practicable.
61
MM 5.10-6: Ongoing during construction and project operation, pressure
Planning and
washing operations for purposes of building repair and maintenance due to
Building
graffiti or other aesthetical considerations shall be limited to daytime hours
of operation between 7:00 AM and 8:00 PM.
62
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
Building
performed utilizing sweeping/scrubbing equipment which operate at a level
measured not greater than 60 dBA at the nearest adjacent property line.
63
MM 5.14-7: Ongoing during construction, if the Anaheim Police
Police
Department or the Anaheim Traffic Management Center (TMC) personnel
are required to provide temporary traffic control services, the property
Public Works
owner/developer shall reimburse the City, on a fair -share basis, if
applicable, for reasonable costs associated with such services.
PRIOR TO EACH FINAL BUILDING AND ZONING INSPECTION
64
MM 3.12-5: The applicant shall participate in a landscape assessment and
Planning
maintenance district, if one is established for the City of Anaheim's
Public Works
Commercial Recreation Area.
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
-26- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
66
MM 5.1-7 and 5.8-4: Prior to final building and zoning inspections, the
Planning and
property owner/developer shall submit to the Planning and Building
Building
Department a letter 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.
67
MM 5.5-4: Prior to the final building and zoning inspection for a
Fire
hotel/motel, the property owner/developer shall submit an earthquake
emergency response plan for review and approval by the Fire Department.
The plan shall require posted notices in all hotel rooms on earthquake
safety procedures and incorporate ongoing earthquake training for hotel
staff to the satisfaction of the Fire Department.
68
MM 5.8-5: Prior to final building and zoning inspection, the property
Public Utilities
owner/developer shall install piping on-site with project water mains so that
reclaimed water may be used for landscape irrigation, if and when it
becomes available.
69
MM 5.12-10: Prior to each final building and zoning inspection, the
Fire
property owner/developer shall place emergency telephone service numbers
in prominent locations as approved by the Fire Department.
70
MM 5.14-4: Prior to the final building and zoning inspection, the property
Public Works
owner 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.
71
MM 5.14-8: Prior to the final building and zoning inspection, the property
Public Works
owner shall record a covenant on the property requiring that ongoing during
project implementation, the property owner/developer shall implement and
administer a comprehensive Transportation Demand Management (TDM)
program for all employees. The form of the covenant shall be approved by
the City Attorney's Office. Objectives of the TDM program shall be:
a. Increase ridesharing and use of alternative transportation modes by
guests.
b. Provide a menu of commute alternatives for employees to reduce
project -generated trips.
c. Conduct an annual commuter survey to ascertain trip generation, trip
origin, and Average Vehicle Ridership.
72
MM 5.14-9: Prior to the final building and zoning inspection, the property
Public Works
owner/developer shall provide to the City of Anaheim Public Works
Department for review and approval a menu of TDM program strategies
and elements for both existing and future employees' commute options, and
incentives for hotel patrons' transportation options. These options may
-27- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
include, but are not limited to, the list below. The property owner shall also
record a covenant on the property requiring that the approved TDM
strategies and elements be implemented ongoing during project operation.
The form of the covenant shall be approved by the City Attorney's Office
prior to recordation.
a. On-site services. Provide, as feasible and permitted, on-site services
such as the food, retail, and other services.
b. Ridesharing. Develop a commuter listing of all employee members for
the purpose of providing a "matching" of employees with other
employees who live in the same geographic areas and who could
rideshare.
c. Vanpooling. Develop a commuter listing of all employees for the
purpose of matching numbers of employees who live in geographic
proximity to one another and could comprise a vanpool or participate in
the existing vanpool programs.
d. Transit Pass. Promote Orange County Transportation Authority
(including commuter rail) passes through financial assistance and on-
site sales to encourage employees to use the various transit and bus
services from throughout the region.
e. Shuttle Service. Generate a commuter listing of all employees living in
proximity to the project, and offer a local shuttle program to encourage
employees to travel to work by means other than the automobile. When
appropriate, event shuttle service shall also be made available for
guests.
f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative
to 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
-28- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
in. Access. Provide preferential access to high occupancy vehicles and
shuttles.
n. Financial Incentive for Ridesharing and/or Public Transit. Offer
employees financial incentives for ridesharing or using public
transportation. Currently, federal law provides tax-free status for up to
$65 per month per employee contributions to employees who vanpool
or use public transit including commuter rail and/or express bus pools.
o. Financial Incentive for Bicycling. Offer employees financial incentives
for bicycling to work.
p. Special "Premium" for the Participation and Promotion of Trip
Reduction. Offer ticket/passes to special events, vacations, etc. to
employees who recruit other employees for vanpool, carpool, or other
trip reduction programs.
q. Incentive Programs. Design incentive programs for carpooling and
other alternative transportation modes so as to put highest priority on
reduction of longest commute trips.
73
MM 5.14-11: Prior to the recordation of a subdivision map or issuance of
Planning and
the first building permit, whichever occurs first, in the event that a parcel is
Building
subdivided and there is a need for common on-site circulation and/or
parking, prior to recordation of a subdivision map, an unsubordinated
covenant providing for reciprocal access and/or parking, as appropriate,
approved by the Planning Director or Planning Services Manager, shall be
recorded with the Office of the Orange County Recorder. A copy of the
recorded covenant shall then be submitted to the Planning Division of the
Planning Department. If the reciprocal access is across parcel lines or if
public rights of way are required for reciprocal access; Public Works
approval shall be required.
74
MM 5.14-21: Prior to the final building and zoning Inspection every
Public Works
property owner and/or lessee shall designate an on-site contact that will be
responsible for coordinating with the ATN and implementing all trip
mitigation measures. The on-site coordinator shall be the one point of
contact representing the project with the ATN. The TDM requirements
shall be included in the lease or other agreement with all of the project
participants.
75
MM 5.15-7: Prior to final building and zoning inspections, a separate water
Planning and
meter shall be installed for landscape water on all projects where the
Building
landscape area exceeds 2,500 square feet in accordance with Ordinance No.
6160.
-29- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
76
MM 5.17-2: Prior to final building and zoning inspection, the property
Public Utilities
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.
ONGOING
77
Ongoing, the on-site hotel management shall abide by the approved Internal
Public Works
Operations Plan for the project. Any changes to said plan shall be reviewed
and approved by the City Traffic and Transportation Manager. The City
Traffic and Transportation Manager shall have the authority to recommend
modifications to the plan, once the hotel is in operation.
78
MM 5.1-3: Ongoing, the property owner/developer shall be responsible for
Planning and
the removal of any on-site graffiti within 24 hours of its application.
Building
79
MM 5.1-8: Ongoing, all on-site non -Public Realm landscaping and
Planning and
irrigation systems, and Public Realm landscaping and irrigation systems,
Building
within area in which dedication has not been accepted by the City, shall be
maintained by the property owner/developer, in compliance with City
standards.
80
MM 5.1-9: Ongoing, any tree planted within the Setback Realm shall be
Planning and
replaced in a timely manner in the event that it is removed, damaged,
Building
diseased and/or dead.
81
MM 5.1-10: Ongoing, a licensed arborist shall be hired by the property
Planning and
owner/developer to be responsible for all tree trimming.
Building
82
MM 5.2-1: Ongoing during project operation, the property owner/developer
Planning and
shall implement measures to reduce emissions to the extent practical,
Building
schedule goods movements for off-peak traffic hours, and use clean fuel for
vehicles and other equipment, as practicable.
83
MM 5.8-3: Ongoing during project operations, the property
Planning and
owner/developer shall provide for the following: cleaning of all paved areas
Building
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.
84
MM 5.12-3: Ongoing during project operation, the property owner/developer
Police
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.,
-30- PC2016-030
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
video monitors) should be considered to reduce the potential for criminal
activity in the area.
85
MM 5.12-18: Ongoing, the City will work cooperatively with school
Planning and
districts to identify opportunities for new schools and school expansion.
Building
86
MM 5.15-9: Ongoing, the City shall continue to collaborate with the
Public Utilities
Metropolitan Water District of Southern California (MWD), its member
agencies, and the Orange County Water District (OCWD) to ensure that
available water supplies meet anticipated demand. If it is forecasted that
water demand exceeds available supplies, staff shall recommend to City
Council to trigger application of the Water Conservation Ordinance
(Anaheim Municipal Code, §10.18), as prescribed, to require mandatory
conservation measures as authorized by Sections 10.18.070 through
10.18.090, as appropriate.
87
MM 5.19-2: Ongoing during project operation, the following practices shall
Public Works
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.
-31- PC2016-030