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RES-2018-105RESOLUTION NO. 2 018 -10 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2017-05097, FINAL SITE PLAN NO. 2017-00003, MINOR CONDITIONAL USE PERMIT NO. 2017-05949, AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00413 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00114) (1441 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017-05949,and Administrative Adjustment No. 2017-00413 to permit a 6 -story, 223 -room hotel with a narrower street setback than required by the Anaheim Municipal Code (the "Code"), two wall signs that are visible from the same vantage point, valet parking and fewer parking spaces than required by the Code (the "Proposed Project"), for that certain real property located at 1441 South Manchester Avenue 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 is approximately 2.5 acres in size and is improved with two hotels. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of the Commercial Recreation (C-R) District (Development Area 1) of the Anaheim Resort Specific Plan area and is subject to the zoning and development standards set forth in Section 18.116.060 (Development Density Areas - Commercial Recreation (C-R) District (Development Area 1)) and Section 18.116.070 (Uses - Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of Title 18 (Zoning) of the Code; and WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long-range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor -serving uses as well as the infrastructure improvements that are needed to support future development; and WHEREAS, 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 Implementation of the California Environmental Quality Act (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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a draft Mitigated Negative Declaration ("MND") was prepared to evaluate the physical environmental impacts of the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, a Mitigation Monitoring Plan ("MMP No. 350") has been prepared for the Proposed Project and includes mitigation measures that are specific to the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 2018 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 and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with, but prior in time to, the adoption of its Resolution No.s PC2018-034 and PC2018-037 and pursuant to the provisions of CEQA, the CEQA Guidelines, and the City's Local CEQA Procedure Manual, this Planning Commission found and determined that the Proposed Project will have a less than significant impact upon the environment with the implementation of the conditions of approval and the mitigation measures attached to that concurrent Resolution and contained in MMP No. 350, and approved and adopted the Mitigated Negative Declaration and MMP No. 350; and - WHEREAS, by the adoption of its Resolution No. 2018-037 on June 25, 2018, the Planning Commission approved Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017-05949,and Administrative Adjustment No. 2017-00413, subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. WHEREAS, upon receipt of the Planning Commission's Resolutions Nos. PC2018-034, PC2018-035, PC2018-036, and PC2018-037, a summary of evidence and a report of the findings and recommendations of the Planning Commission, the City Council did fix the 31" day of July, 2018, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project, and did give notice thereof in the manner and as provided by law; and WHEREAS, on July 31, 2018, the City Council did conduct a public hearing to hear and consider evidence for and against the Proposed Project and to investigate and make findings in connection therewith; and WHEREAS, at said public hearing and after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request to construct a 223 -room, six -story hotel with a narrower street setback than required by the Code and two wall signs that would be visible from the same vantage point, the City Council has determined that Variance No. 2017-05097 should be approved for the following reasons: SECTION NO. 18.116.090.020 Minimum Required Building and Landscape Setback. (30 feet required; 13 feet proposed) 2 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification in the vicinity of the proposed Project. The property is irregularly-shaped, which presents unique challenges to this site not experienced by others. A variance of the street setback was previously -approved for the northern portion of the project site; the proposal would maintain a consistent street frontage along Manchester Avenue. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity due to the limited developable area, specifically the irregular shape of the property. SECTION NO. 18.116.160.060 Business Identification Wall Signs — Hotel/Motel. (Wall signs may be on adjacent elevations as long as only one sign is legible at any time from any point on the adjacent right-of-way; two signs are proposed facing the same direction) 3. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification in the vicinity of the proposed Project. The adjacent street and freeway are angled in such a way that signs on different elevations would not be visible from southbound traffic based on curve of the street to the north and the location of the existing building. The fact that two hotel brands will operate within the same building is also an unusual circumstance that the specific plan does not address. 4. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity since the intent of having signs on opposing elevations is to gain visibility from vehicles travelling both directions on the adjacent street; and; WHEREAS, the City Council, after due inspection, investigation and study made by itself and in its behalf, after due consideration of all evidence and reports offered at said hearing, does find and determine that the request for Final Site Plan No. 2017-00003 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. 92-2 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.116 of the Code. 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 Anaheim Resort Specific Plan. 3 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 and; WHEREAS, the City Council, 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 pertaining to the request for Minor Conditional Use Permit No. 2017-05949, does find and determine the following facts: 1. The proposed request to permit valet parking operations as an accessory use is allowable within the Anaheim Resort Specific Plan under Section 18.116.070.050 (Accessory Uses), of the Code, subject to a minor conditional use permit. 2. The proposed valet parking operations, under the conditions imposed, would be compatible with the hotel uses in the surrounding area. 3. The size and shape of the site are, under the conditions imposed, adequate to allow the full development of the proposed uses in a manner not detrimental to the particular area or to the health and safety because on-site circulation accommodates a vehicle drop off area that complies with City requirements based on the number of hotel rooms. Additionally, a valet operations plan was reviewed and approved by the Public Works Department, Traffic Engineering Division to, in part, ensure that operations do not result in any impacts to the public street. 4. The traffic generated by the proposed use, under the conditions imposed, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area, since valet operations do not result in an increase in the number of vehicles arriving at the site. 5. The granting of Minor Conditional Use Pen -nit No. 2017-05949, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim; and WHEREAS, the City Council, after due inspection, investigation and study made by itself and in its behalf, after due consideration of all evidence and reports offered at said hearing, does find and determine that the for Administrative Adjustment No. 2017-00413 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (275 spaces required; 227 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 nonnal and reasonably foreseeable conditions of operation of such use based upon the observed peak F. parking demand as part of the parking demand analysis conducted on the project site surveying the existing parking demand experienced at the two hotels in operation. 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 hotels. Additionally, on -street parking is not permitted on the adjacent public streets. 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 hotels. 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. 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; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This City Council 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 the City Council does hereby approve Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017-05949,and Administrative Adjustment No. 2017-00413, subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference. 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, (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 any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the City Council does hereby find and detennine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all 5 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 is approved and adopted by the City Council of the City of Anaheim this 31 day of July , 2018, by the following roll call vote: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring,and Faessel NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE C iTY OF ANAHEIM (Acting) 128670/LHM G CITY OF ANAHEIM ---L MA OR OF THE CITY OF ANAHEIM EXHIBIT "y1, DEV 1\O. 2016-00114 APN: 0$2-170-57 082-170-58 L 082.170-59 082-170-60 Xa \. W PALAIS RD J> . \ Z #�lNIA��HESfER AVE W MIDWAY DR v; 4 /r Se,;rce R ax+daa Tract LlaC% arz cr City C IS [J Rlee-Se note Ehe acc—rec, is > - t+c tc five feel EXHIBIT "B" Variance No. 2017-05097, Final Site Plan No. 2017-00003, Minor Conditional Use Permit No. 2017-05949, and Administrative Adjustment No. 2017-00413 (DEV2016-00114) 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 Plan) Planning and and prior to issuance of demolition permit (for Demolition Plan), the Building property owner/developer shall submit Demolition and Import/Export Department, plans. The plans shall include identification of offsite locations for materials Planning Services export from the project and options for disposal of excess material. These Division 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 shall Building be conducted by a qualified Biologist and submitted to the Planning and Department, Building Department 30 days prior to commencement of any demolition or Planning Services construction activities during the raptor nesting season (February 1 to June Division 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 pennit, or Planning and building pennit, whichever occurs first, a letter detailing the proposed Building schedule for vegetation removal activities shall be submitted to the Planning Department, and Building Department, verifying that removal shall take place between Planning Services August 1 and February 28 to avoid the bird nesting season. This would Division 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 4 MM 5.7-1: Prior to issuance of the first grading or demolition permit, Fire Department whichever occurs first, in areas of former service stations, in areas known or thought to have been previously occupied by USTs, and in areas where tank removal has not been verified prior to excavation or grading the property owner/developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. 5 MM 5.7-4: Prior to issuance of the first grading or demolition permit, Fire Department 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 6 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 Department, that has been hired to ensure that the following actions are implemented: Development Services Division 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 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 Department, that has been hired to ensure that the following actions are implemented: Development a. The paleontologist must be present at the pre -grading conference in Services Division order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. 8 MM 5.5-6: Prior to issuance of building or grading permits, the property Planning and owner/developer shall submit to the Planning and Building Department, Building Building Services Division geologic and geotechnical investigations in Department, areas of potential seismic or geologic hazards and provide a note on plans Building Division that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. 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 Department, Master Drainage and Runoff Management Plan (MDRMP) for review and Development approval by the Public Works Department, Development Services Division 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 Department, under the NPDES Statewide Industrial Stormwater Permit for General Development Construction Activities from the State Water Resources Control Board. Services Division 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 Department owner/developer shall submit an emergency fire access plan to the Fire NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 Department, owner/developer shall irrevocably offer for dedication (with subordination Development of easements), including necessary construction easements, the ultimate Services Division 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, Traffic Department a plan to coordinate rideshare services for construction Engineering Division employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. 14 MM 5.14-19: Prior to the approval of the final subdivision map or issuance Public Works of building permits, whichever occurs first, the property owner/developer Department, Traffic shall pay the identified fair -share responsibility as determined by the City Engineering Division 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. 15 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 Department, owner/developer shall participate in the City's Master Plan of Sewers and Development related Infrastructure Improvement (Fee) Program to assist in mitigating Services Division 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 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building/structure, whichever comes first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner/developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system, (2) all facility sizes, including support calculations, (3) construction phasing, and (4) construction estimates. The study shall determine the impact of the project sewer flows for total build out of the project and identify local deficiencies for each project component (i.e., each hotel). 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 Department, owner/developer shall participate in the City's Master Plan of Storm Drains Development and related Infrastructure Improvement (Fee) Program to assist in Services Division mitigating existing and future storm drainage system deficiencies as follows: The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the property owner/developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25 -year storm frequencies and to protect properties/structures for a 100 -year storm frequency. 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 Department, Plan that, at a minimum, specifies that at least 75 percent of non-hazardous Planning Services construction and demolition debris shall be recycled or salvaged and Division identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co-mingled. 18 MM 18-1: Prior to the issuance of any grading permit in which native soil Planning and is disturbed, the Applicant shall provide written evidence to the Planning Building Services Manager, that a Native American monitor has been retained to Department, observe grading activities in native sediment and to recover and catalogue Planning Services tribal cultural resources as necessary. The Native American monitor shall Division be present at the pre-grade conference, shall establish procedures for tribal cultural resource surveillance, and shall establish, in cooperation with the City, procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of the tribal cultural resource as appropriate. If the tribal cultural resources are found to be significant, the Native American observer shall determine appropriate actions, in cooperation with the County for exploration and/or recovery. ONGOING DURING PROJECT DEMOLITION AND CONSTRUCTION 19 MM 5.5-5: Ongoing during grading activities, the property owner/developer Planning and shall implement standard practices for all applicable codes and ordinances Building to prevent erosion to the satisfaction of the Planning and Building Department, Department, Building Services Division. Building Division 20 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. 21 MM 5.7-3: Ongoing during remediation, all remediation activities of Fire Department surface or subsurface contamination not related to USTs, conducted on behalf of the property owner/developer, shall be overseen by the Orange Public T tilit;o� County Health Care Agency (OCHCA). Information on subsurface Depa#meftt NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT contamination from USTs shall be provided to the D��'�otilities Planning and r,epaftment Environmental co,. flees Division. Santa Ana Regional Water Building Quality Control Board (SARWQCB) with a copy to Planning & Department, Building. Building Division Note: Per a memo dated October 22, 2014 from the Public Utilities Department, as of July 1, 2014, the Environmental Services Division of the Public Utilities Department is no longer responsible for overseeing the cleanup of new UST cases, and the responsibility has been delegated to the Santa Ana Regional Water Quality Control Board (SARWQCB). However, the Anaheim Fire Department will still be responsible for overseeing the removal of USTs. (amended February 26, 2015). 22 MM 5.10-8: Ongoing during construction, property owners/developers shall Planning & Building pay for all reasonable costs associated with noise monitoring which shall Department, include monitoring conducted by a certified acoustical engineer under the Planning Services direction of the Planning and Building Department four times a year on a Division random basis to ensure that outdoor construction-related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 PM and 7:00 AM of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the City. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE 23 MM 5.12-13: Prior to the placement of building materials on a building site, Fire Department 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 24 MM 5.12-5: Prior to commencement of structural framing on each parcel or Fire Department 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 25 MM 5.4-6: Prior to the issuance of each building pen-nit for a hotel Public Works development that exceeds 100 rooms per gross acre within the Commercial Department, Traffic Recreation (C-R) District (Development Area 1) within the Convention Engineering Division Center (CC) Medium density category, the property owner shall record a NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the trips assumed by the City's traffic model. The form of the covenant shall be approved by the City Attorney's Office. 26 Prior to issuance of building permits, the property owner shall record a Public Works covenant on the property that requires the parking structure to be operated, Department, Traffic in perpetuity, as valet parking only. If City Standard Plan No. 471 is revised Engineering Division after the recordation of the covenant, resulting in the parking spaces shown in Final Site Plan meeting the revised City Standard, the requirement for valet parking may be eliminated subject to written approval from both the Public Works Director and the Planning Director. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. Proof of the covenant recordation shall be provided to the Public Works Department, Traffic Engineering Division. 27 The property owner/developer shall provide a Traffic Management Plan to Public Works Caltrans for review before construction of the Project. The applicant shall Department, Traffic coordinate with Caltrans to determine the format of the Traffic Management Engineering Division Plan. 28 MM 12-2: The property owner/developer shall develop a sound barrier Planning and along the northern boundary of the pool area. The sound barrier shall be at Building least 6 feet in height and have a density of at least 3.5 pounds per square Department, foot. Planning Services Division 29 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- Department, way and from adjacent properties by architectural devices and/or Planning Services appropriate building materials. A note indicating that these improvements Division will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building pen -nits. 30 MM 5.1-11: Prior to issuance of each building pennits, 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 Department, in an amount as established by City Council resolution or credit against the Building Division fee given for City authorized improvements installed by the property owner/developer. 31 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 Department, City of Anaheim noise ordinances from any adjacent residential or transient- Planning Services occupied properties. A note indicating that these improvements shall be Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. 32 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 Department, compliance with SCAQMD regulations. The information shall be denoted Building Division 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. 33 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 Department, Available Retrofit Control Technology (BARCT) for any new or modified Building Division stationary source. Copies of permits shall be given to the Planning and Building Department. 34 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 Department, measures may include, but are not limited to the following: Building Division 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. 35 MM 5.5-1: Prior to issuance of each building permit, the property Planning and owner/developer shall submit to the Planning and Building Department, Building Building Services Division for review and approval, detailed foundation Department, Building Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 36 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 Department, review and approval, which shall investigate the subject foundation Building Division excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. 37 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 Department, structure has been analyzed for earthquake loading and designed according Building Division to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. 38 MM 5.8-6: Prior to issuance of building permits, the property Public Works owner/developer shall provide written evidence that all storm drain, sewer, Department, and street improvement plans shall be designed and constructed to the Development satisfaction of the City Engineer. Services Division 39 MM 5.10-3: Prior to issuance of each building permit, for structures that are Planning and adjacent to noise -sensitive areas such as residences, the property Building owner/developer shall ensure that all mechanical ventilation units are shown Department, on plans and installed in compliance with Sound Pressure Level Ordinance. Building Division 40 MM 5.10-5: Prior to issuance of each building permit, a note shall be Planning and provided on building plans indicating that during construction, the property Building owner/developer shall install and maintain specially designed construction Department, barriers at the project perimeter areas. The construction sound barriers shall Planning Services be a minimum height of 8 feet with a minimum surface weight of 1.25 Division pounds per square foot or a minimum Sound 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. 41 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 Department, less than 65 dBA CNEL for outdoor use areas (including dining patios, Building Division pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. 42 MM 5.10-10: Prior to issuance of each building permit, the property Planning and owner/developer shall present plans and calculations to the Planning and Building Building Department, Building Division to demonstrate that noise levels Department, from planned mechanical ventilation equipment, loading docks, trash Building Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 43 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, Department, Building Division, to assess and mitigate potential noise and vibration Building Division impacts related to these activities. 44 MM 5.12-2: Prior to the issuance of each building permit for a parking Police Department 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. 45 MM 5.12-4: Prior to issuance of each building permit, the project design Police Department 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. 46 MM 5.12-7: Prior to issuance of each building permit; to be implemented Fire Department 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. 47 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 are to be a maximum of 400 feet apart. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 48 MM 5.12-9: Prior to issuance of the first building permit, the property Fire Department 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 apportiomnent 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. 49 MM 5.12-11: Prior to issuance of each building permit, the property Fire Department 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. 50 MM 5.12-14: Prior to approval of building plans, the property Fire Department owner/developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 51 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). Department, Building Division 52 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 Department, Required. Building Division 53 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 Department, Traffic Assessment Fees and Transportation Impact and Improvement Fees to the Engineering Division 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. 54 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 Department, Traffic approval of the City Engineer. Gates shall not be installed across any Engineering Division 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. 55 MM 5.14-13: Prior to the issuance of building permits, plans shall show that Public Works all driveways shall be constructed with a minimum fifteen (15) foot radius Department, curb returns as required by the City Engineer, unless otherwise approved by Development the City Engineer. Services Division 56 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 Department, of deposit, letter of credit, completion guarantee, or cash, in an amount and Development form satisfactory to the City Engineer shall be posted with the City to Services Division 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. 57 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 Department, Water the review and final approval of, the Public Utilities Department, Water Engineering Engineering Division and Fire Department. 58 MM 5.15-3: Prior to issuance of each building permit, water pressure Public Utilities greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or Department, Water Engineering NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT less by means of pressure reducing valves installed at the property owner/developer's service. 59 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 Department, shall specify methods for monitoring the irrigation system. The system shall Planning Services ensure that irrigation rates do not exceed the infiltration of local soils, that Division 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. 60 MM 5.15-6: Prior to issuance of each building permit, unless records Public Utilities indicate previous payment, the appropriate fees for Primary Mains, Department, Water Secondary Mains and Fire Protection Service shall be paid to the Public Engineering Division Utilities Department, Water Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. 61 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, Department, Business and Community Programs Division, in order to Business and review energy efficient measures to incorporate into the project design. Community Prior to the final building and zoning inspection, the property owner Programs Division 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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: 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. 62 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 Department, the energy efficiency of each building will exceed the Title 24 Energy Building Division Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. 63 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 Department, stormwater and urban runoff into drainage facilities by incorporating design Development features such as detention basins, on-site water features, and other Services Division strategies. 64 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 Department, Streets shall submit project plans to the Public Works Department for review and and Sanitation approval to ensure that the plans comply with AB 939, the Solid Waste Division 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 65 MM 5.19-3: Prior to issuance of building permits, plans shall show that trash Public Works storage areas shall be provided and maintained in a location acceptable to Department, Streets the City of Anaheim Department of Public Works, Operations Division. On and Sanitation an ongoing basis, trash storage areas shall be provided and maintained in Division accordance with approved plans on file with said Department. 66 MM 5.19-4: Prior to issuance of each building permit, the Property Public Works Owner/Developer shall demonstrate that the plans include provisions for the Department, Streets installation of trash and recycle receptacles near all benches and near high and Sanitation traffic areas such as plazas, transit stops and retail and dining Division establishments. PRIOR TO APPROVAL OF WATER PLANS 67 MM 5.12-15: Prior to approval of on-site water plans, unless each Fire Department 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. 68 MM 5.12-16: Prior to approval of water improvement plans, the water Fire Department supply system shall be designed by the property owner/developer to provide NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. ONGOING DURING CONSTRUCTION 69 MM 5.2-3: Ongoing during construction, the property owner/developer Planning and shall implement measures to reduce construction -related air quality impacts. Building These measures shall include, but are not limited to: Department, a. Normal wetting procedures (at least twice daily) or other dust palliative Building Division measures shall be followed during earth -moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on-site haul roads shall be watered at least every two hours or the on-site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 70 MM 5.10-1: Ongoing during construction, the property owner/developer Planning and shall ensure that all internal combustion engines on construction equipment Building and trucks are fitted with properly maintained mufflers. Department, Building Division 71 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 Department, of operation between 7:00 AM and 8:00 PM. Building Division 72 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 Department, measured not greater than 60 dBA at the nearest adjacent property line. Building Division 73 MM 5.14-7: Ongoing during construction, if the Anaheim Police Police Department 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 Department, Traffic applicable, for reasonable costs associated with such services. Engineering Division PRIOR TO FINAL BUILDING AND ZONING INSPECTION 74 MM 5.1-5: Prior to final building and zoning inspections, private streets Public Utilities within the Anaheim Resort Specific Plan area shall have street lights Department, installed which are compatible with the design standards used for the public Electrical Utilities streets as determined by the Public Utilities Department. Division 75 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 Department, Planning Services Division 76 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 Department, landscaping and irrigation systems have been installed in accordance with Planning Services landscaping plans approved in connection with the Final Site Plan. Division 77 MM 5.5-4: Prior to the final building and zoning inspection for a Fire Department hotel/motel, the property owner/developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. NO. CONDITIONS OF APPROVAL RESPONSIBLE 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. 78 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 Department, Water reclaimed water may be used for landscape irrigation, if and when it Engineering Division becomes available. 79 MM 5.12-10: Prior to each final building and zoning inspection, the Fire Department property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. 80 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. 81 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 Department, Traffic project implementation, the property owner/developer shall implement and Engineering Division 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. 82 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, Traffic Department for review and approval a menu of TDM program strategies and Engineering Division elements for both existing and future employees' commute options, and incentives for hotel patrons' transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT a. On-site services. Provide, as feasible and permitted, on-site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on- site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop a program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. Develop a parking management program that provides incentives to those who rideshare or use transit means other than single -occupant auto to travel to work. m. Access. Provide preferential access to high occupancy vehicles and shuttles. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 83 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 Department, Traffic responsible for coordinating with the ATN and implementing all trip Engineering Division mitigation measures. The on-site coordinator shall be the one point of contact representing the project with the ATN. The TDM requireinents shall be included in the lease or other agreement with all of the project participants. 84 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. Department, 6160. Planning Services Division 85 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 Department, Public Utilities Distribution System. The Underground Service will be Electrical Utilities installed in accordance with the Electric Rules, Rates, Regulations and Division 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 86 The property owner/developer shall limit reservation of the meeting room Planning and to guests of the hotel. Building Department, Planning Services Division 87 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Department, Planning Services Division 88 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 Department, maintained by the property owner/developer, in compliance with City Planning Services standards. Division 89 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. Department, Planning Services Division 90 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 Department, Planning Services Division 91 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 Department, vehicles and other equipment, as practicable. Planning Services Division 92 MM 5.8-3: Ongoing during project operations, the property Public Works owner/developer shall provide for the following: cleaning of all paved areas Department, not maintained by the City of Anaheim on a monthly basis, including, but Development not limited to, private streets and parking lots. The use of water to clean Services Division streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. 93 MM 5.12-3: Ongoing during project operation, the property owner/developer Police Department shall provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 94 MM 5.15-9: Ongoing, the City shall continue to collaborate with the Public Utilities Metropolitan Water District of Southern California (MWD), its member Department, Water agencies, and the Orange County Water District (OCWD) to ensure that Engineering Division 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 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. 95 MM 5.19-2: Ongoing during project operation, the following practices shall Public Works be implemented, as feasible, by the property owner/developer: Department, Street and Sanitation a. Usage of recycled paper products for stationary, letterhead, and Division 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. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2018-105 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 31s' day of July 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of August, 2018. ACTING CITY CLARK OF THE CITY OF ANAHEIM (SEAL)