Loading...
Resolution-PC 2017-064RESOLUTION NO. PC2017-064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT AN ADDENDUM TO THE PREVIOUSLY - CERTIFIED FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 340 FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2006-05103C, FINAL SITE PLAN NO. 2014- 000080, AND ADMINSTRATIVE ADJUSTMENT NO. 2014-00361 C; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00064C) (1900 SOUTH HARBOR BOULEVARD) WHEREAS, on June 26, 2006, the Planning Commission adopted Resolution No. PC2006- 59 approving Conditional Use Permit No. 2006-05103 for a period of five years to permit a temporary parking lot for certain real property located at 1900 South Harbor 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, the Property, consisting of approximately 53 acres, is currently developed with a 4,923 -space temporary parking lot. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92-2 (SP 92-2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code"); and WHEREAS, on August 17, 2009, the Planning Commission adopted Resolution No. PC2009-073 approving Conditional Use Permit No. 2006-05103A to expand the existing temporary parking lot on the Property and to permit a phased build -out of up to 2,570 additional temporary parking spaces for use by guests of The Disneyland Resort; and WHEREAS, on October 6, 2014, the Planning Commission adopted Resolution No. PC2014-090 approving Conditional Use Permit No. 2006-05103B, Administrative Adjustment No. 2014-00361, and Final Site Plan No. 2014-00008 to expand the existing temporary parking lot on the Property and to permit the expansion of an existing temporary parking lot with a wall height greater than permitted, and amend a condition of approval pertaining to a time limitation; and 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. 2006- 05103C, Final Site Plan No. 2014-00008C, and Administrative Adjustment No. 2014-00361C to permit the expansion of the existing temporary parking lot with a wall height greater than permitted on the Property (herein referred to as the "Proposed Project"); and - I - PC2017-064 WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor -serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan, the City Council certified Master Environmental Impact Report ("MEIR No. 313"); and WHEREAS, by Resolution No. 2012-158, the City Council certified Final Supplemental Environmental Impact Report No. 2008-00340 ("Final EIR No. 340") for (a) Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010-00060), (b) an amendment to the Anaheim General Plan (General Plan Amendment No. 2010-00482), (c) Zoning Code Amendment No. 2010-00093, (d) Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010-00484), (e) Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010-00478), (f) Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010-00479), and (g) a Water Supply Assessment (Miscellaneous Case No. 2010-00421), which entitlements permitted the maximum build -out of the Anaheim Resort Specific Plan to increase by up to 406,359 square feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 7, 2017 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 and proposed Conditional Use Permit No. 2006-05103C, Final Site Plan No. 2014-00008C, and Administrative Adjustment No. 2014-00361 C and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission finds and determines that Addendum No. 7 to Final EIR No. 340 dated September 2014 (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 in order to determine whether any significant environmental impacts which were not identified in Final EIR No. 340 would result from the Proposed Project or whether previously identified significant impacts would be substantially more severe as a result of the Proposed Project; and WHEREAS, in connection with the Proposed Project under Conditional Use Permit No. 2006-05103C, Final Site Plan No. 2014-00008C, and Administrative Adjustment No. 2014- 00361C and the Planning Commission's review of the Addendum, the Planning Commission has independently reviewed the Addendum and Final EIR No. 340 and has exercised its independent judgment in making the findings and determinations set forth herein; and -2- PC2017-064 NOW, THEREFORE, BE IT RESOLVED that, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum , Final EIR No. 340, and the evidence received to date, does determine as follows: 1. That the Addendum was prepared in compliance with the requirements of CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual; 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically: (a) There have not been any substantial changes in the Anaheim Resort Specific Plan or in any of the entitlements that were analyzed in Final EIR No. 340 that require major revisions of Final EIR No. 340 because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of Final EIR No. 340 due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (c) There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Final EIR No. 340 was certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in Final EIR No. 340; (ii) Significant effects previously examined will be substantially more severe than shown in Final EIR No. 340; (iii) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in Final EIR No. 340 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Planning Commission determines that Final EIR No. 340, together with the Addendum, are adequate to serve as the required environmental documentation for the Proposed Project. -3- PC2017-064 BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered Mitigation Monitoring and Reporting Program No. 344 ("MMP"), which was prepared for the Proposed Project and includes mitigation measures from Final EIR No. 340 that are specific to the Proposed Project, and, in accordance with the requirements of CEQA, finds and determines that, with the imposition of identified mitigation measures, the Proposed Project will not result in any new significant impacts to the environment and there is no substantial evidence that the Proposed Project will have a significant effect on the environment. BE IT FURTHER RESOLVED that the Planning Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to permit the Proposed Project on the Property does find and determine the following facts: 1. The proposed conditional use permit request to permit the expansion of an existing temporary parking lot in the Anaheim Resort Specific Plan No. 92-2 (SP 92-2) is properly one for which a conditional use pen -nit is authorized under Section 18.116.070.040 (Automotive — Public Parking) of the Code; and 2. The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the Proposed Project is consistent and compatible with existing resort and tourism related uses in the zone. Landscaping and dense pine trees and a 16 -foot high sound wall would be added along the property lines shared with multi -family residential uses to provide a buffer. Guests would continue to enter and exit from Harbor Boulevard; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project is designed to ensure its compatibility with surrounding land use. The Proposed Project would be located on within the open air storm water detention basin within a larger 53 acre parking lot; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. -4- PC2017-064 BE IT FURTHER RESOLVED that the Planning Commission does further find and detennine 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 Anaheim Resort Specific Plan No. SP92-2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code, with the exception of the conditional use permit request as described herein. 2. The design and layout of the Proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The design of the Proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the Proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The Proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the Proposed Project. BE IT FURTHER RESOLVED thatthe Planning Commission does further find and determine that the request for an Administrative Adjustment should be approved for the following reasons: 1. The adjustment is consistent with the purposes and intent of the Zoning Code. The proposed 16 -foot high sound wall would maximize sound attenuation and would ensure the proposed use does not generate noise levels in the adjacent residential areas which exceed that required under the Anaheim Municipal Code. The Proposed Project would meet all other Zoning Code requirements; 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment since the only alternative to processing the adjustment is to reduce the height of the wall; however, the height of the sound wall is supported by a noise study and a reduced wall height would not acheieve the necessary sound attenuation; 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood. The proposed landscaping, including dense pine trees, would conceal most of the proposed wall height. -5- PC2017-064 BE IT FURTHERRESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2006-05103C, Final Site Plan No. 2014-00008C, and Administrative Adjustment No. 2014-00361C, contingent upon and subject to the conditions of approval, which are described in Exhibit B, and attached hereto and incorporated herein by this reference. Said conditions are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 7, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2017-064 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 August 7, 2017 by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7"' day of August, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -7- PC2017-064 APN: 137-191-15 137-181-15 137-281-09 EXHIBIT "A" DEVC NO. 2014-00064 W KATELLA AVE 1�Q1�1 00","", O hCet W ORANGEWOOD AVE F-1 F7 H Source. Recorded Tract Maps and/or City GIS. Please note the accuracy is +!- two to five feet. -8- PC2017-064 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2006-05103C ADMINISTRATIVE ADJUSTMENT NO. 2014-00361C FINAL SITE PLAN NO. 2014-00008C (DEV2014-00064C) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 Prior to the issuance of a grading permit, the Property Owner/Developer shall Public Works submit a grading plan to the Public Works Department, Development Services Department, Division, for review and approval. Development Services Division 2 Prior to the issuance of a grading permit, the Property Owner/Developer shall Public Works submit to the City Engineer for review and approval, a soils and geological report Department, for the area to be graded, based on proposed grading and prepared by an Engineering engineering geologist and geotechnical engineer. All grading shall be in Services conformance with Title 17 of the Anaheim Municipal Code. 3 Prior to the issuance of the grading permit, the applicant shall submit to the Public Public Works Works Department, Development Services Division for review and approval a Final Department, Water Quality Management Plan that: Engineering • Addresses Site Design Best Management Practices (BMPs) such as Services minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 4 Prior to issuance of the grading permit, the applicant shall submit a final Drainage Public Works Study prepared by a registered professional Civil Engineer in the State of California. Department, The Study shall be based upon and reference the latest edition of the Orange County Development Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for Services Division -9- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT the project area. All drainage sub -area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100 -year storm frequencies; an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build -out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. 5 That on-going during project operation, no required parking areas shall be fenced or Public Works otherwise enclosed for outdoor storage uses. Department, Traffic Engineering 6 Prior to issuance of any grading, demolition or building permits, the Property South Coast Air Owner/Developer shall provide a note on the plans confirming that ongoing Quality during construction, the Property Owner/Developer shall implement measures to Management reduce construction -related air quality impacts. Property Owner/DeveloperThese District; Planning measures shall include, but are not limited to: and Building a. Normal wetting procedures (at least twice daily) or other dust palliative Department, measures shall be followed during earth -moving operations to minimize Building Services fugitive dust emissions, in compliance with the City of Anaheim Division; Public Municipal Code including application of chemical soil stabilizers to Works Department, exposed soils after grading is completed and replacing ground cover in Development disturbed areas as quickly as practicable. Services Division b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. -10- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. in. 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. (MM 5.2-3) 7 Prior to issuance of each grading permit (for Import/Export Plan) and prior to Public Works issuance of demolition permit (for Demolition Plan), the Property Department, Owner/Developer shall submit Demolition and Import/Export plans. The plans Engineering shall include identification of offsite locations for materials export from the Services 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 project site. (MM 5.2-4) 8 Prior to the issuance of a demolition permit, grading permit, or building permit, Planning and whichever occurs first, a survey for active raptor nests shall be conducted by a Building qualified Biologist and submitted to the Planning Department 30 days prior to Department, commencement of any demolition or construction activities during the raptor Building Services nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, Division or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. (MM 5.3-1) 9 Prior to the issuance of a demolition permit, grading permit, or building permit, Planning and whichever occurs first, a letter detailing the proposed schedule for vegetation Building removal activities shall be submitted to the Planning Department, verifying that Department, removal shall take place between August 1 and February 28 to avoid the bird Building Services nesting season. This would ensure that no active nests would be disturbed. If this Division 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. (MM 5.3-2) -11- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 Prior to issuance of each grading permit, the Property Owner/Developer shall Public Works, submit a letter identifying the certified archaeologist that has been hired to ensure Engineering that the following actions are implemented: Services; Planning a. The archaeologist must be present at the pre -grading conference in order and Building to establish procedures for temporarily halting or redirecting work to Department, permit the sampling, identification, and evaluation of artifacts if Planning Division 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. (MM 5.4-1) 11 Prior to issuance of each grading permit, the Property Owner/Developer shall Public Works, submit a letter identifying the certified paleontologist that has been hired to Engineering ensure that the following actions are implemented: Services; Planning a. The paleontologist must be present at the pre -grading conference in order to and Building establish procedures to temporarily halt or redirect work to permit the Department, sampling, identification, and evaluation of fossils if potentially significant Planning Division 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. (MM 5.4-2) 12 Grading plans shall note that ongoing during grading activities, the Property Planning and Owner/Developer shall implement standard practices for all applicable codes and Building ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Department, Building Services Division. (MM 5.5-5) Building Services Division -12- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 Prior to issuance of grading permits, the Property Owner/Developer shall submit Public Works to the Public Works Department, Development Services Division the geologic Department, and geotechnical investigations in areas of potential seismic or geologic hazards Development and provide a note on plans that all grading operations will be conducted in Services Division conformance with the recommendations contained in the applicable geotechnical investigation. (MM 5.5-6) 14 Prior to issuance of the first grading or demolition permit, whichever occurs first, OC Health Care the Property Owner/Developer shall submit a plan for review and approval of the Agency; Fire Department which details procedures that will be taken if previously Environmental unknown USTs, or other unknown hazardous material or waste, is discovered Protection Section onsite. (MM 5.7-4) of the Fire Department 15 Ongoing during project construction, in the event that hazardous waste, including OC Health Care asbestos, is discovered during site preparation or construction, the Property Agency; Owner/Developer shall ensure that the identified hazardous waste and/or Environmental hazardous material are handled and disposed of in the manner specified by the Protection Section State of California Hazardous Substances Control Law (Health and Safety Code, of the Fire Division 20, Chapter 6.5), and according to the requirements of the California Department; South Administrative Code, Title 30, Chapter 22. (MM 5.7-6) Coast Air Quality Management District 16 Prior to issuance of the first grading permit, the Property Owner/Developer shall Public Works submit a Master Drainage and Runoff Management Plan (MDRMP) for review Department, and approval by the Public Works Department, Development Services Division Development and Orange County (OC) Public Works/OC Engineering. The Master Plan shall Services Division include, but not be limited to, the following items: and Orange County a. Backbone storm drain layout and pipe size including supporting hydrology (OC) Public and hydraulic calculations for storms up to and including the 100 -year storm; Works/OC and Engineering Agency b. A delineation of the improvements to be implemented for control of project - generated drainage and runoff. (MM 5.8-1) 17 Prior to issuance of a grading permit for sites that disturb more than one (1) acre Planning and of soil, the Property Owner/Developer shall obtain coverage under the NPDES Building Statewide Industrial Stormwater Permit for General Construction Activities from Department, the State Water Resources Control Board. Evidence of attainment shall be Building Services submitted to the Planning and Building Department, Building Services Division. Division (MM 5.8-2) 18 Prior to issuance of grading permits, the Property Owner/Developer shall provide Planning and written evidence that all storm drain, sewer, and street improvement plans shall Building be designed and constructed to the satisfaction of the City Engineer. (MM 5.8-6) Department, Building Services Division 19 Ongoing during construction, the Property Owner/Developer shall ensure that all Planning and internal combustion engines on construction equipment and trucks are fitted with Building properly maintained mufflers. (MM 5.10-1) Department, -13- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Building Services Division 20 Prior to issuance of each grading permit, a note shall be provided on plans Planning and indicating that during construction, the Property Owner/Developer shall install Building and maintain specially designed construction barriers at the project perimeter Department, areas. The construction sound barriers shall be a minimum height of 8 feet with Building Services a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Division Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self- closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. (MM 5.10-5) 21 Ongoing during construction and project operation, sweeping operations in the Planning and parking facilities and private on-site roadways shall be performed utilizing Building sweeping/scrubbing equipment which operate at a level measured not greater than Department, 60 dBA at the nearest adjacent property line. (MM 5.10-7) Building Services Division 22 Prior to issuance of each grading permit, a note shall be provided on plans Planning and indicating that there shall be no operation of large bulldozers or vibratory rollers Building within 25 feet of any existing residence. (MM 5.10-11) Department, Planning Services Division 23 Prior to issuance of each grading permit, the project design shall include parking Planning and lots and parking structures with controlled access points to limit ingress and Building egress if determined to be necessary by the Police Department, and shall be Department, subject to the review and approval of the Police Department. (MM 5.12-4) Planning Division; Police Department 24 Prior to issuance of each grading permit, the Property Owner/Developer shall Planning and submit an emergency fire access plan to the Fire Department for review and Building approval to ensure that service to the site is in accordance with Fire Department Department, service requirements. (MM 5.12-6) Planning Division; Fire Department 25 Prior to issuance of each grading permit, plans shall be submitted to ensure that Planning and development is in accordance with the City of Anaheim Fire Department Building Standards, including: Department, a. Overhead clearance shall not be less than 14 feet for the full width of access Planning Division; roads. Fire Department b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. 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 -14- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT shall be determined during grading permit review. Hydrants are to be a maximum of 400 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. (MM 5.12-8) 26 Prior to issuance of the first grading permit, the Property Owner/Developer shall Planning and enter into an agreement recorded against the property with the City of Anaheim Building to pay or cause to be paid their fair share of the funding to accommodate the Department, following, which will serve the Anaheim Resort Specific Plan area: Planning Division; a. One additional fire truck company. Fire Department 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.) (MM 5.12-9) 27 Prior to issuance of each grading permit, the Property Owner/Developer shall Planning and submit a Construction Fire Protection Plan to the Fire Department for review and Building approval detailing accessibility of emergency fire equipment, fire hydrant Department, location, and any other construction features required by the Fire Marshal. The Planning Division; Property Owner/Developer shall be responsible for securing facilities acceptable Fire Department to the Fire Department and hydrants shall be operational with required fire flow. (MM 5.12-11) 28 Prior to the placement of building materials on a building site, an all-weather road Planning and shall be provided from the roadway system to and on the construction site and for Building fire hydrants at all times, as required by the Fire Department. Such routes shall Department, be paved or, subject to the approval of the Fire Department, shall otherwise Planning Division; provide adequate emergency access. Every building constructed must be Fire Department 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. (MM 5.12-13) -15- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 Prior to approval of water improvement plans, the water supply system shall be Planning and designed by the Property Owner/Developer to provide sufficient fire flow Building pressure and storage for the proposed land use and fire protection services in Department, accordance with Fire Department requirements. (MM 5.12-16) Planning Division; Fire Department 30 Prior to issuance of the first grading permit, the Property Owner/Developer shall Public Works pay the appropriate Traffic Signal Assessment Fees and Transportation Impact Department, and Improvement Fees to the City of Anaheim in amounts determined by the City Transit Planning; Council Resolution in effect at the time of issuance of the grading permit with Planning and credit given for City -authorized improvements provided by the Property Building Owner/Developer. The property owner shall also participate in all applicable Department, reimbursement or benefit districts, which have been established. (MM 5.14-2) Building Services Division 31 Ongoing during construction, if the Anaheim Police Department or the Anaheim Police Department; Traffic Management Center (TMC) personnel are required to provide temporary Public Works traffic control services, the Property Owner/Developer shall reimburse the City, Department, on a fair -share basis, if applicable, for reasonable costs associated with such Transit Planning services. (MM 5.14-7) 32 Prior to issuance of each grading permit (to be implemented prior to final building Public Utilities and zoning inspections, and continuing on an on-going basis during project Department; operation), the property owner/ developer shall submit to the Public Utilities Planning and Department plans for review and approval which shall ensure that water Building conservation measures are incorporated. The water conservation measures to be Department, shown on the plans and implemented by the Property Owner/Developer, to the Building Services extent applicable include, but are not limited to, the following: Division a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. d. Use of irrigation systems primarily at night when evaporation rates are lowest. e. Provide information to the public in conspicuous places regarding water conservation. f. Use of water conserving landscape plant materials wherever feasible. (MM 5.15-1) 33 Prior to issuance of each grading permit, all water supply planning for the project Public Utilities will be closely coordinated with, and be subject to the review and final approval Department, Water of, the Public Utilities Department, Water Engineering Division and Fire Engineering Department. (MM 5.15-2) Division and Fire Department 34 Prior to issuance of each grading permit, water pressure greater than 80 pounds Public Utilities per square inch (psi) shall be reduced to 80 psi or less by means of pressure Department, Water reducing valves installed at the Property Owner/Developer's service. (MM 5.15- Engineering 3) 1 Division -16- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 35 Prior to issuance of each grading permit, unless records indicate previous Public Utilities payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Department, Water Protection Service shall be paid to the Public Utilities Department, Water Engineering Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Division Utilities Department Water Rates, Rules and Regulations. (MM 5.15-6) 36 Prior to the issuance of the first grading permit, the Property Owner/Developer Public Utilities shall comply with Rule 15E of the Public Utilities Department Water Rates, Department, Water Rules, and Regulations. Rule 15E shall be amended to include: Engineering a. Construction of a new well with a minimum 1,500 GPM capacity to serve Division 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. (MM 5.15-8) 37 Prior to approval of a final subdivision map or issuance of a grading or building Public Utilities permit, whichever occurs first, the Property Owner/Developer shall participate in Department, Water the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Engineering Program to assist in mitigating existing and future sanitary sewer system Division deficiencies as follows: The Property Owner/Developer shall submit a report for review and approval of the City Engineer to assist in determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of discharge, then the property owner's/developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. b. If the development/redevelopment (1) discharges into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) increases flows or changes points of discharge, then the Property Owner/Developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney of the impact prior to approval of a final subdivision map or issuance of a grading or building permit whichever occurs first, pursuant to the improvements identified in the South Central Area Sewer Deficiency Study. The Property Owner/Developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building/structure, whichever comes first. Additionally, the Property Owner/Developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the Property Owner/Developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support -17- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT calculations, (3) construction phasing, and (4) construction estimates. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). (MM 5.16-1) 38 Prior to issuance of each grading permit, the Property Owner/Developer shall Public Utilities consult with the City of Anaheim Public Utilities Department, Business and Department, Community Programs Division in order to review energy efficient measures to Business incorporate into the project design. Prior to the final zoning inspection, the Community property owner developer shall implement these energy efficient measures which Program Division may include the following: a. Use of light emitting diode (LED) or equivalent energy-efficient lighting for outdoor lighting. b. Use of Energy Star® exit lighting or exit signage. c. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified. d. Use of lighting power controllers in association with metal -halide or high- pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots. (MM 5.17-1) 39 Prior to approval of a final subdivision map, or issuance of a grading or building Public Utilities permit, whichever occurs first, the Property Owner/Developer shall participate in Department, Water the City's Master Plan of Storm Drains and related Infrastructure Improvement Engineering (Fee) Program to assist in mitigating existing and future storm drainage system Division deficiencies as follows: The Property Owner/Developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the Property Owner/Developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25 -year storm frequencies and to protect properties/structures for a 100 -year storm frequency. 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 -18- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. (MM 5.18-1) 40 Prior to issuance of each grading permit; to be implemented prior to final zoning Public Works Inspection, the Property Owner/Developer shall submit project plans to the Public Department; OC Works Department for review and approval to ensure that the plans comply with Waste & Recycling 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 zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: a. Detailing the location and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation for hazardous material disposal. d. Participating in the City of Anaheim's "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the Property Owner/Developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: a. Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. b. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non -recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick-up. (MM 5.19-1) -19- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 41 Prior to issuance of grading permits, plans shall show that trash storage areas shall Department of be provided and maintained in a location acceptable to the City of Anaheim Public Works, Department of Public Works, Operations Division. On an ongoing basis, trash Operations storage areas shall be provided and maintained in accordance with approved plans Division on file with said Department. (MM 5.19-3) 42 Prior to issuance of each grading permit, the Property Owner/Developer shall Planning and demonstrate that the plans include provisions for the installation of trash and Building recycle receptacles near all benches and near high traffic areas such as plazas, Department, transit stops and retail and dining establishments. (MM 5.19-4) Building Services Division 43 Prior to issuance of each grading permit, the Property Owner/Developer shall Planning and submit to the Planning Director or Planning Services Manager for approval a Building Construction Waste Management Plan that, at a minimum, specifies that at least Department, 75 percent of non -hazardous construction and demolition debris shall be recycled Planning Services or salvaged and identifies the materials to be diverted from disposal and whether Division the materials will be sorted on site or co -mingled. (MM 5.19-5) PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 44 Prior to final building and zoning inspections, the applicant shall submit a letter Planning and detailing the operations pertaining to elimination of the toll booth queue. Should Building queued guest vehicles reach Harbor Boulevard, the method to eliminate the queue Department, may include, but not be limited to, parking staff opening the entry gates to allow Planning Division free flow of vehicles into the parking lot, free of charge, until the queue dissipates. A copy of the letter will be maintained on-site during operations. 45 Prior to final building and zoning inspections, the Property Owner/Developer Planning and shall submit to the Planning and Building Department a letter from a licensed Building landscape architect certifying that all landscaping and irrigation systems have Department, been installed in accordance with landscaping plans approved in connection with Planning Division; the Final Site Plan. (MM 5.1-7) Public Utilities Department, Water Engineering Division 46 Prior to final building and zoning inspection, the Property Owner/Developer shall Public Utilities implement, and demonstrate to the City, measures that are being taken to reduce Department operation -related air quality impacts. These measures may include, but are not limited to the following: a. Use drought -resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. b. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center. c. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. (MM 5.2-6) -20- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 47 Prior to each final building and zoning inspection, the Property Owner/Developer Planning and shall submit a letter from a licensed landscape architect to the City certifying that Building the landscape installation and irrigation systems have been installed as specified Department, in the approved landscaping and irrigation plans. (MM 5.8-4) Planning Services Division; Public Utilities Department 48 Prior to final building and zoning inspection, the Property Owner/Developer shall Public Utilities install piping on-site with project water mains so that reclaimed water may be Department used for landscape irrigation, if and when it becomes available. (MM 5.8-5) 49 Prior to each final building and zoning inspection, the Property Owner/Developer Planning and shall place emergency telephone service numbers in prominent locations Building as approved by the Fire Department. (MM 5.12-10) Department, Planning Division; Fire Department 50 Prior to final building and zoning inspections, a separate water meter shall be Planning and installed for landscape water on all projects where the landscape area exceeds the Building square footage specified in the Guidelines for Implementation of the City of Department, Anaheim Landscape Water Efficiency Ordinance for projects that are subject to Planning Services the Anaheim Municipal Code, Chapter 10.19. (MM 5.15-7) Division 51 Prior to final building and zoning inspection, the Property Owner/Developer shall Public Utilities install an underground electrical service from the Public Utilities Distribution Department 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. (MM 5.17-2) GENERAL / ONGOING DURING PROJECT OPERATION 52 This permit shall terminate on September 8, 2024. Planning and Building Department 53 The temporary parking lot shall be operated in accordance with the Statement of Operations submitted as part of this application. Any changes to the operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request. 54 Ongoing, should queued guest vehicles reach Harbor Boulevard, the method to Public Works, eliminate the queue may include, but not be limited to, parking staff opening the Traffic Engineering entry gates to allow free flow of vehicles into the parking lot, free of charge, until the queue dissipates. Additional methods may be utilized, subject to the approval of the Traffic Engineering Division. -21- PC2017-064 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 55 Ongoing, the Property Owner/Developer shall be responsible for the removal of Planning and any on-site graffiti within 24 hours of its application. (MM 5.1-3) Building Department, Planning Division 56 Ongoing, all on-site non -Public Realm landscaping and irrigation systems, and Planning and Public Realm landscaping and irrigation systems, within area in which dedication Building has not been accepted by the City, shall be maintained by the Property Department, Owner/Developer, in compliance with City standards. (MM 5.1-8) Planning Division; Public Utilities Department, Water Engineering Division 57 Ongoing, a licensed arborist shall be hired by the Property Owner/Developer to Planning and be responsible for all tree trimming. (MM 5.1-10) Building Department, Planning Division 58 Ongoing during project operations, the Property Owner/Developer shall provide Public Works for the following: cleaning of all paved areas not maintained by the City of Department 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. (MM 5.8-3) 59 Ongoing during project operation, the Property Owner/Developer shall provide Planning and private security on the premises to maintain adequate security for the entire Building project subject to review and approval of the Police Department. The use of Department, security patrols and electronic security devices (i.e., video monitors) should be Planning Services considered to reduce the potential for criminal activity in the area. (MM 5.12-3) Division; Police Department 60 Ongoing during project operation, the following practices shall be implemented, Planning and as feasible, by the Property Owner/Developer: Building a. Usage of recycled paper products for stationary, and packaging. Department, Planning Services b. Recovery of materials such as aluminum and cardboard. Division 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. (MM 5.19-2) -22- PC2017-064