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94-195 RESOLUTION NO. 94R-195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE HOTEL CIRCLE SPECIFIC PLAN NO. 93-1 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN PLAN AND GUIDELINES, AND A PUBLIC FACILITIES PLAN) (SP93-1) WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, the Anaheim City Planning Commission did receive a request for approval of the Hotel Circle Specific Plan to provide for the development of hotel rooms with accessory land uses immediately adjacent to two previously approved hotels for a total of 969 rooms; and WHEREAS, the Hotel Circle project area encompasses approximately 6.8 acres with frontages of approximately 246 feet on the east side of Clementine Street, 576 feet on the west side of Zeyn Street, 100 feet on the east side of Zeyn Street, 285 feet on the west side of Haster Street, and 254 feet on the north side of Katella Avenue and further described as 1742 and 1754 S. Clementine Street, 1730, 1733, 1743 and 1755 S. Zeyn Street, 1733 and 1745 S. Haster Street (renamed Anaheim Boulevard) and 201 W. Katella Avenue, situated in the city of Anaheim, County of Orange, State of California, more particularly described in Attachment "A" to this Resolution, which is incorporated herein; and WHEREAS, the Anaheim City Planning Commission also received a request for adoption of zoning and development standards and design guidelines to set forth standards, procedures and guidelines for the development of hotels and other related uses within the Specific Plan area as provided for in Chapter 18.93 of the Anaheim Municipal Code; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said application, notice of said public hearing having been duly given as required by law; and WHEREAS, said 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, did adopt its Resolution No. PC94-76 recommending to the City Council the adoption of The Hotel Circle Specific Plan No. 93-1; and WHEREAS, thereafter, within the time prescribed by law, the City Council caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, the City Council approved a mitigated Negative Declaration for Specific Plan No. 93-1 and adopted Mitigation Monitoring Program No. 0079 (Attachment "B") pursuant to Section 21081.6 of the Public Resources Code on the basis that the declaration reflects the independent judgement of the lead agency and that the City Council considered the proposal with the mitigated Negative Declaration and Monitoring Program, considered the evidence relating to the environmental impacts associated with the project, together with comments received during the public review process and further found, on the basis of the Initial Study, that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the City Council after careful consideration of the recommendations and findings of the City Planning Commission set forth in Planning Commission Resolution No. PC94- 76, and all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That the property proposed for the specific plan has unique site characteristics such as topography, location or surroundings which are enhanced by special land use and development standards. 2. The Specific Plan is consistent with the Commercial Recreation General Plan designation and with the goals and policies of the Anaheim General Plan. 3. That the specific plan results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. 4. That the specific plan contributes to a balance of land uses. 5. That the specific plan respects environmental and aesthetic resources consistent with economic realities. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council having considered the project refinements and the evidence presented during the public hearing process, does hereby approve Specific Plan No. 93-1 (including Zoning and Development Standards, a Design Plan and Guidelines and a Public Facilities Plan), subject to the following conditions of approval. 2 CONDITIONS OF APPROVAL The conditions of approval include all mitigation measures and project design features as part of the mitigation monitoring program (No. 0079) for this project (as required by Section 21081.6 of the Public Resources Code). ELECTRICAL 1. That street lighting facilities along Clementine Street, Zeyn Street, Anaheim Boulevard and Katella Avenue shall be installed as required by the Utilities General Manager in accordance with specifications on file in the office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. 2. That all new development in the Specific Plan area shall be served by underground utilities installed at the legal property owner's/developer's expense. 3. That the legal owner of subject property shall provide the City of Anaheim with public utility easements as required by the Electrical Engineering Division, for electrical public utility purposes. Said easements shall be submitted to the City of Anaheim prior to issuance of building permits. 4. That the legal property owner/developer shall provide and install underground conduits, substructures, and related material per City of Anaheim Electrical Engineering Drawings in accordance with the City of Anaheim Electrical Rates, Rules and Regulations for Underground Line Extensions. 5. That the legal property owner/developer shall pay a fee in accordance with the City of Anaheim Electrical Rates, Rules, and Regulations for the installation of cables, switches, and related material to be installed in property owner/developer provided conduit and substructures. 6. That any private streets within the Hotel Circle Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets. PUBLIC WORKS 7. That a sidewalk, satisfactory to the City Engineer, shall be required on both sides of the private drive (Hotel Circle 3 Drive) or other adequate pedestrian access shall be provided as required by the City Engineer. 8. That Hotel Circle Drive shall be constructed prior to occupancy of the first new hotel adjacent to Hotel Circle Drive. 9. That an unsubordinated maintenance agreement satisfactory to the city Traffic and Transportation Manager and city Attorney shall be recorded to ensure continued maintenance of the private drive, tour bus/shuttle loading area and parking facilities. 10. That the dedication of public street right-of-way along Katella Avenue, Clementine Street and Anaheim Boulevard, public utility easements and other public work improvements shall be required for the entire development prior to the issuance of a building permit except for the dedication of Katella Avenue which shall be required within sixty (60) days of the effective date of the ordinance approving this Specific Plan. 11. That prior to final building and zoning inspections or at such other time as determined by the City, the legal property owner/developer shall be responsible for the installation of the parkway(s) and sidewalks in accordance with the approved plans. If not completed prior to final building and zoning inspections, the legal property owner/developer shall post security with the City in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the city of Anaheim prior to final building and zoning inspections. On an on-going basis thereafter, the property owner shall be responsible for the maintenance of the parkways and sidewalks in accordance with the approved plans. FIRE 12. That prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 13. That prior to the placement of building materials on a building site, fire hydrants shall be charged, and access shall be provided for fire hydrants at all times, as required by the Fire Department. 4 14. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 15. That prior to the approval of on-site water plans, unless each 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. 16. That prior to the placement of building materials on a building site, an all weather driving surface shall be provided from the roadway system to and on the construction site. Every building constructed shall be accessible to Fire Department apparatus. The width and radius of the driving surface shall meet the requirements of Section 10.204 of the Uniform Fire Code as adopted by the City of Anaheim. 17. That the property owner/developer shall maintain access routes during construction for fire protection and emergency vehicles; such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. LANDSCAPING 18. That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within seven feet of any public sidewalk. 19. That prior to final building and zoning inspections, a licensed landscape architect shall certify to the Planning Department that all on-site landscaping has been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 20. That landscaping plans submitted for plan check shall incorporate "layered" landscaping in the front setback compatible with landscape concepts in the vicinity and the new landscape provisions as they may be amended for the Commercial Recreation Area (Anaheim Resort). 21. That on-site landscaping and irrigation systems, including areas in which dedication has been offered, but not accepted by the City, shall be maintained by the property owner/developer in compliance with City Standards. Further, there shall be no obstructions, subterranean or otherwise that would prevent the full maturity of the proposed landscape screens. 5 22. That a licensed arborist shall be responsible for all tree trimming. PARKS 23. That prior to issuance of a building permit, the legal property owner/developer shall submit to the Parks, Recreation and Community Service Department and the Public Works-Engineering Department, for review and approval, construction plans for the installation of sidewalk/parkway(s) within the ultimate public street right- of-way. The sidewalk plans shall be prepared by a registered civil engineer and the parkway plans shall be prepared to the satisfaction of the City of Anaheim in accordance with city established specifications. Maintenance requirements for the landscaped parkway(s) shall be shown on the plans and shall be in conformance with City specifications. PLANNING 24. That all development shall occur in substantial conformance with the Hotel Circle Specific Plan No. 93-1 document, as amended, on file with the Planning Department and marked "Exhibit A". 25. That all Final Site Plans shall be prepared in conformance with the Pre-File submittal requirements on file with the Zoning Division of the Planning Department. Prior to issuance of building permits, construction plans shall be in substantial conformance with said Final Site Plans. 26. That an unsubordinated covenant satisfactory to the city Attorney shall be recorded on each legal lot or parcel guaranteeing that the entire area zoned SP93-1 will be coordinated as one (1) integral complex for purposes of parking, vehicular circulation, signage, maintenance, landscaping and architectural control, and setting forth the maintenance responsibility for the landscaped parkways and that the covenant shall be referenced in all deeds transferring all or any part of the interest in each property. 27. That prior to final building and zoning inspections, all air conditioning facilities and other roof and ground mounted equipment shall be shielded from public view as required by the Specific Plan and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent hotel, motel and vacation ownership resort occupied properties. Such information shall be specifically shown on the plans submitted for building permits. 6 28. That prior to final building and zoning inspections, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 29. That the legal property owner shall be responsible for the removal of any on-site graffiti within 24 hours of its application. 30. That in connection with the submittal of Final Site Plans, building elevations shall show that the rear elevations of buildings visible from off-site areas shall be architecturally accented to portray a finished look. 31. That no shuttlebus/vehicular drop-off areas shall be permitted in hotel, motel or vacation ownership resort front setback areas. 32. That if amendments are made to areawide signage design standards for the Anaheim Resort, all freestanding signage constructed after such amendments are adopted, shall conform to those new signage design provisions. SANITATION 33. That trash storage areas shall be provided and maintained in a location acceptable to the Streets and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be specifically shown on the plans submitted for building permits. 34. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. POLICE 35. That prior to approval of the Final Site Plan and prior to issuance of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. WATER 36. That prior to issuance of a building permit the appropriate fees due for primary water mains, secondary water mains, and fire protection service shall be paid to the Water 7 Engineering Division, in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 37. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division behind the front building line in a manner fully screened from all public view. 38. That the legal property owner/developer shall pay the prorated share of the cost for construction of Water Production Well No. 55. 39. That the legal property owner of subject property shall provide the City of Anaheim with public utility easements as required by the Water Engineering Division for water public utility purposes. Said easements shall be submitted to the City of Anaheim prior to issuance of building permits. 40. Deleted. TRAFFIC 41. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as established by City Council Resolution. 42. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the latest revision of Engineering Standard Detail Nos. 402, 436, 601, 602, 604, 605, 607 and 609 (or as otherwise specified in the Specific Plan) pertaining to parking and circulation standards. All parking standards not specifically contained within this Specific Plan shall comply with the requirements of the Anaheim Municipal Code. Subject property shall thereupon be developed and maintained in conformance with said plans. 43. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard Detail No. 137. 44. That prior to the issuance of a building permit, the legal property owner/developer shall pay a traffic and transportation improvement fee to the City of Anaheim, in an amount in effect at the time the permit is issued established by the City Council Ordinance/Resolution. This fee will be used to fund traffic and transportation improvements within this area impacted by the project. 8 45. That an on-site trash turn-around area shall be provided per Engineering Standard Detail No. 610 and as required by the Department of Maintenance. Said area shall be shown on plans submitted for building permits and shall be maintained as a turn-around area. 46. That a plan shall be submitted to the City Traffic and Transportation Manager showing the loading space for trucks in conformance with Code Section 18.06.060 or as otherwise provided in the Specific Plan. 47. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with Engineering Standard Detail No. 137 pertaining to sight distance visibility for freestanding sign locations. 48. That the final driveway alignments shall be subject to review and approval by the City Traffic and Transportation Manager. Plans shall be submitted to said manager showing the street and driveway locations adjacent to and across from the requested driveway alignments. 49. That the passenger loading and unloading areas and bus bays shall be provided as required by the City Traffic and Transportation Manager. Plans submitted for building permits shall show said requirements. 50. That signage plans for directing circulation in on-site parking lots and structures shall be reviewed and approved by the City Traffic and Transportation Manager. 51. That when established by the City, the property owner/developer shall participate in the Transportation Network (TMA) to be created for the Anaheim Resort and the Anaheim Stadium Business Center and coordinated with the I-5 Traffic Management Plan. MISCELLANEOUS 52. That within thirty (30) days from the adoption of this ordinance the legal property owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 487, 1122, 1238, 3053, 3241 and 3255 and Variance Nos. 555 and 3290. 53. That the property owner/developer shall be responsible for compliance and any direct costs associated with Mitigation Monitoring Program No. 0079 and further shall conform with all of the requirements of Mitigation Monitoring Program (Attachment "B") established by the City as required by Section 21081.6 of the Public Resources Code to ensure 9 implementation of those mitigation measures identified in the Recommended Conditions of Approval for the Mitigated Negative Declaration. 54. That within 60 days after adoption of the ordinance approving the Specific Plan, or prior to issuance of a building permit whichever occurs first, the legal property owner/developer shall pay the fee required to set up the Mitigation Monitoring Program and the fee per mitigation measure as stated in the City Council Resolution authorizing said fee. 55. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 56. That within thirty (30) days from the adoption of this ordinance, the applicant shall provide the Planning Department with three (3) copies of an amended Specific Plan document reflective of the City Council's action incorporating all changes thereto. Upon review and approval of the amended document by the Planning Department, fifty (50) copies of the final document (including all approving resolutions and ordinances), including one master copy suitable for reproduction, shall be provided by the applicant and at the applicant's expense to the Planning Department. 57. That the cost for publication of the adopted ordinance for subject Specific Plan shall be paid for by the project applicant prior to publication in the newspaper. 58. Deleted VACATION OWNERSHIP RESORTS 59. That prior to conversion to or establishment of a vacation ownership resort, if the vacation ownership resort interest is to be coupled with an estate in real property, the legal property owner/developer shall first submit a Condominium Plan to the City of Anaheim for approval, in compliance with all requirements of the State of California Subdivision Map Act. The approved Condominium Plan shall then be recorded with the office of the Orange County Recorder. 60. That prior to conversion to or establishment of a vacation ownership resort, the legal property owner shall provide in addition to all requirements of the Specific Plan, the 10 following to the Zoning Division for transmittal to the office of the City Attorney for review and approval: (a) copies of all relevant enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, restrictions and membership or license agreements; and (b) copies of all California State Department of Real Estate applications and permits including any public report issued. 61. That the operator of subject vacation ownership resort shall submit a yearly report to the City of Anaheim no later than January 31 of each calendar year for the calendar year ending the previous December 31, comparing actual Transient Occupancy Taxes collected for the Vacation Ownership Units. It shall be the responsibility of the operator of subject vacation ownership resort (Operator) to maintain complete records and to report the correct Transient Occupancy Tax (TOT) including the TOT for any rentals of vacation ownership units which are handled be either the owner of such unit (owner) or a third party (a party other than the Owner or Operator). The Operator shall comply with all applicable provisions of Chapter 2.12 "Transient occupancy Tax" of the Anaheim Municipal Code. 62. That the operator of subject vacation ownership resort shall maintain a register for the registration of all guests in both the vacation ownership units and the traditional hotel rental units, as specified in Chapter 7.22 "Hotel Registers" of the Anaheim Municipal Code. 63. That prior to conversion to or establishment of a vacation ownership resort, either as a permitted use or a conditional use, the legal property owner shall provide a proposal satisfactory to the City Attorney's office which sets forth the method of ownership of the vacation ownership units to be established and implemented for the vacation ownership project which guarantees that the City shall be entitled to collect Transient Occupancy Tax for all vacation ownership units as if they were hotel rooms. TIMING 64. Within ninety (90) days after the approval of the Hotel Circle Specific Plan, property owner/developer and the city of Anaheim shall enter into an agreement mutually acceptable to both parties which shall set forth the exact amount of the property owner/developer's fair share cost for the Areawide Improvement Programs set forth in the Mitigation 11 Monitoring Program. Said Agreement shall provide, with specifity, the maximum cost to property owner/developer for the areawide improvements and also provide for termination of the payment obligation thereunder in the event the City has established alternative financing mechanisms for such areawide improvements. In the event that property owner/developer are unable to reach such an agreement, then this matter shall be considered by the Anaheim City Council at the next available City Council meeting, but not later than 120 days after approval of the Hotel Circle Specific Plan, at which time the city Council will establish the property owner/developer's fair share cost for the areawide improvements. The decision of the City Council approving Specific Plan No. 93-1 shall not be deemed complete for the purposes of Sections 1.12.100 and 18.02.060 of the Anaheim Municipal Code, Section 1094.6 of the Government Code, Section 21152 of the Public Resources Code, or the commencement of any other applicable statute of limitations within which to challenge such decision until the date of the approval of said agreement, or the date of the establishment of the property owner/developer's fair share cost, by the City Council pursuant to this Condition. 65. That within thirty (30) days from the adoption of this ordinance, Condition Nos. 52 and 56, above-mentioned, shall be complied with. 66. That prior to issuance of a building permit, Condition Nos. 1, 3, 5, 9, 10, 12, 20, 23, 25, 26, 27, 28, 30, 33, 34, 35, 36, 38, 39, 41, 42, 44, 45, 46, 47, 48, 49, 50 and 64 shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 67. That prior to final building and zoning inspections, Condition Nos 2, 4, 6, 7, 8, 11, 14, 18, 19, 24, 37 and 43 above-mentioned shall be complied with. BE IT FURTHER RESOLVED that the city Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any 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. 7934.1\SMANN\August 16, 1994 12 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 16th day ~ 1994. MAY~F~THE L'~TY OF~NAHEIM ATTEST ~ 7934.1~$MANN\August 16, 1994 13 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 94R-195 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of August, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-195 on the 17th day of August, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of August, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-195 was duly passed and adopted by the City Council of the City of Anaheim on August 16, 1994. LEGAL DESCRIPTION THAT PORTION OF LOT 7 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, SHOWN AS PARCEL 1 OF LOT LINE ADJUSTMENT #235, RECORDED ON NOVEMBER 26, 1990 AS INSTRUMENT NO. 90-620640 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. LOT 8 AND THAT PORTION OF LOT 7 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 113, PAGES 21 AND 22, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, SHOWN AS: PARCEL 2, OF LOT LINE ADJUSTMENT PLAT NO. 235, RECORDED NOVEMBER 26, 1990, AS INSTRUMENT NO. 90-620640, OFFICIAL RECORDS. LOT 5 OF TRACT NO. 3084, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 96, PAGES 39 AND 40 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. LOT 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON LOT LINE ADJUSTMENT PLAT #207, RECORDED AUGUST 7, 1991 AS INSTRUMENT NO. 91-421108, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LOT 3 OF TRACT 3084, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 96, PAGES 39 AND 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 23 FEET. PARCEL NO. 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE 12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 1: THE NORTH 85.00 FEET OF THE WEST 150.00 FEET OF THE EAST 440.00 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER AND THE WEST 150.00 FEET OF THE EAST 440.00 FEET OF THE SOUTH 15 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ATTACHMENT "A" PARCEL 2: THE NORTH 85.00 FEET OF THE WEST 50.00 FEET OF THE EAST 290.00 FEET OF THE SOUTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTH 15.00 FEET OF THE WEST 50.00 FEET OF THE EAST 290 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 22 IN TOWNSHIP 4 SOUTH RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 1: THE NORTH 85.00 FEET OF THE EAST 240.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE SOUTH 15.00 FEET OF THE EAST 240.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE SOUTH 185 FEET OF THE NORTH 270 FEET OF THE EAST 240 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ATTACHMENT "A" Page 2 ATrAC~IMIR~T B MITIGATION MONITORING PROGRAM NO. 0079 FOR ttCq~EL CIRC~E ~C PLAN CEQA Action: Mitigated Negative Declaration Project Descrir~tion: Specific Plan No. 93-.01 for the proposed Hotel Circle Project Ownen Tarsadia, Inc., 650 Town Center Drive, Suite 1910, Costa Mesa, CA 92626 Agent: Franklyn Elfend, Elfend and Associates, 610 Newport Center Drive, Suite 1290, Newport Beach, CA 92660 Proiect Location: An irregularly-shaped parcel of land consisting of approximately 6.8 acres with frontages along Clementinc Street, Zeyn Street, Haster Street and Katella Avenue, and further described as 1742 and 1754 S. Clementinc Street, 1730, 1733, 1743 and 1755 S. Zeyn Street, 1733 and 1745 S. Haster Street (renamed Anaheim Boulevard) and 201 W. Katella Avenue. City Actions: City Council meeting of Augast 9, 1994 Resolution No.: PC94-76 (Planning Commission meeting of June 13, 1994) Terms and Definition: Property Owner/I~-~eloper - Any owner or developer of real property w/thin the Hotel Circle Specific Plan area. Ongoing Mitigation Meomae~ - The mitigation measures that are designated to occur on an ongoing basis as part of th/s mitigation monitoring program will be monitored in the form o[' an.annual letter from the property owner/developer in January of each year stating how compliance with the subject measure(s) has been achieved. Tuning Measure Monitor: Cxmaptetioo EARTH RESOURCES - GF~OLOGY, SOILS AND SEISMICITY Prior to approval of each The property owner/developer shall submit to the City Engineer for review and approval, a soils and Public Works/ grading plan geological report for the area to be graded, based on proposed grading and prepared by an engineering Engineering Department~ geologist and geotechnical engineer. All grading shah be in conformance with Title 17 of the Anaheim Development Division Municipal Code. Prior to issuance of each The property owner/developer shall submit for review and approval detailed foundation design information Planning Department, building permit for the subject building(s), prepared by a civil engineer, based on recommendations by a geoteehnical Building Division engineer. Prior to issuance of each The property owner/developer shall submit a reporl prepared by a geotechnical engineer for rev/ew and Planning Department, foundation permit approval which shall investigate the subject foundation excavations to determine if soft layers are present Building Division immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Prior to issuance of each The property owner/developer shall submit plans showing that the proposed structure has been analyzed for Planning Department, building permit earthquake loading and designed according to the mosl recent seismic standards in the Uniform Building Building Division Code adopted by the City of Anaheim. prior to final building and For hotels, the property owner/developer shall submit an earthquake emergency response plan for review and Fire Department zoning inspection approval. That plan shall require po~ted notices in all hotel rooms on earlhquake safety procedures, and incorporate ongoing earthquake training for hotel staff. HOTF~ ~R~ SPE~'IC P]~N 2 GROUNDWAT!~R AND SURFAC~ HYDROLOGY Prior to approval of the The property owner/developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for Orange County first grading plan or review and approval. The Master Plan shall include, but not be limited to, the following items: Environmental Management issuance of the first building Agency;, Public Works/ permit, whichever occurs a. Backbone storm drain layout and pipe size, including supporting hydrolog), and hydraulic calculations for Engineering Department, first; to be implemented in storms up to and including the 100-year storm; and, Development Division accordance with the Phasing b. A delineation of the improvements to be implemented for control of project-generated drainage and Plan runoff. Prior to approval of a The property ovrner/developer shall submit for review and approval to the City Engineer, a Water Quality Regional Water Quality grading plan Management Plan (WQMP) specifically identifying Bast Management Practices (BMPs) that will be used on- Control Board; Public site to control predictable pollutant run-off. Works/ Engineering Department, This WQMP shall identify:. structural and non-structural measures specified in Appendix 7 of the Countywide Development Division Drainage Area Management Plan detailing implementation of BMPs whenever they are applicable to the project (when the project has a below grade loading dock, for example); the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall rcfc,-'ence ~he location(s) of st,-actuml BMPs. Prior to approval of a The property owner/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater State Water Resources grading plan or issuance of a Permit for General Construction Activities from the State Water Resources Control Board. Evidence this has Control Board; Public demolition permit been attained shall be submitted to City Engineer. Works/Engineering Department Ongoing during grading The property owner/developer shall implement standard practices for all applicable codes and ordinances to Public Works/ activities prevent erosion. En~neefing Department Ongoing during project The property owner/developer shall provide for the followin~ cleaning of all paved areas not maintained by Public Works/ operations the City of Anaheim on a monthly basis, including, but not limited to, privale streets and parking lots. The Engineering Department 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. Prior to issuance of each The property owner/developer shall submit landscaping and irrigation plans and an Irrigation Management Public Utilities, Water building permit Program to integrate and phase the installation of streetscape landscaping with the proposed construction Services schedule. This landscape plan shall include a maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. Additionally:. a. The landscape plans shall be prepared and certified by a licensed landscape architect. The landscape Parks, Recreation, and architect shall submit plans in accordance with Anaheim's Landscape Water Efficiency Ordinance and Community Services Guidelines. Department, Parks Division b. The Irrigation Management Program shall specify metho(~ for monitoring the irrigation system and shall Utilities Department, Water be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The Services; Planning system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the Department, Planning application of fertilizers and pesticides do not exceed appropriate levels of frequencies. Division ¢ ¢' HOTE~ C~RCLE SPECIFIC~LAN 3 Prior to issuance of building An 8-foot high perimeter or portable construction barrier along streets adjacent to construction areas and any Pinfining Department, permit noise-sensitive land uses, to be in place during construction, shall be provided by the property Building Division owner/developer to minimize noise impacts. Ongoing during construction The property owner/developer shall ensure that all internal combustion engines on construction equipment Planning Department, and trucks are fitted with properly maintained mufflers. Building Division Ongoing during project Engine noise from ~weeping equipment used in parking facilities adjacent to noise-sensitive land uses shall be Planning Department, Code operation muffled. Enforcement Division Prior to submittal of each The property owner/developer shall submit a noise study prepared by a certified acoustical endneet to the Planning Department, Final Site Plan; to be satisfaction of the Chief Building Official identifying whether noise attenuation is required and defining the Building Division implemented prior to final attenuation measures and specific performance requirements, if warranted, to comply with the Uniform bui[ding and zoning Building Code and Soured pressure Leve} Ordinance. U)timate noise attenuation requirements, if any, shall inspections depend on the final location of such buildings and noise-sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property owner/developer prior to final building and zoning inspections. Ongoing during operation Trash pick-ups, parking lot a,~eeping and general deliveries will be restricted to between the hours of 7:00 a.m. Planning Department, Code and 10:00 p.m. Enforcement Division FIRE Prior to commencement of Ohsitc fire hydrants shall be installed and charged, as required by the Fire Department, by the property Fire Department structural framing on each owner/developer. pateel or lot Prior to approval of each The property owner/developer shall submit an emergency fire access plan to the Fire Department for review Fire Department grading plan and appr~v'al to ensure that service to the site is in accordance with Fire Department settee requirements. · ' ." .... ' ': :::. '. '. .... · Prior to approval of each The property owner/developer shall submit a construction fire protection plan to the Fire Department for Fire Department building permit mew and approval detailing accessibility of emergency fire equipment, fire hydrant location and any other construction features required by the Fire Marshal. The property ov,-aer/developer shall be responsible for ~ecuring facilities acceptable to the Five Department and hydrants shall be operational with required fire flow. Prior to i~suance of each Plans shaft indicate that all building*, exclusive of parking structures, shall have sprinklers installed by property Fire Department building permit; to be owner/developer in accordance with the Anaheim Municipal Code. implemented prior to each final building and zoning inspection Prior to issuance of each Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Fire Department building permit Department standards, including: a. Overhead clearance shall not be less that 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 Fir~ Department vehicles weighing 75,000 pounds. AI! underground tunnels sbal! have sprinkle.'~. Water supplie~ are requi.'ed at the 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 ohsitc private fire hydrants shall be p~wided 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. 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 1,003 to 150~ gpm. Prior to issuance of each All high-rise buildin~ shall conform to the Anaheim Fire Department standards for high-rise buildings (high- Fire Department; building permit rise buildings are defined in the City of Anaheim Ordinance No. 5300). Planning Department, Building Division Prior to approval of street The water supply system shall be designed by the property owner/developer to provide sufficient fire flow Fire Department; Public improvement plans pressure and storage for the proposed land use and fire protection in accordance with Fire Department Utilities Department, Water requipements. Services Prior to each final building The property owner/developer shall place emergency telephone ~ervice numbers in prominent locations as Fire Department and zoning inspection approved by the Fire Department. ,} } HObfilL CIRCLE SPF.~C PLaN 5 'llmmg Mc~urc .MoaJ Prior to issuance of the first The property owner/developer shall enter into an agreement recorded against the property with the City of Fire Department; building pannit Anaheim to the satisfaction of the City Attorney's Office to contribute its silocable share of the cost of: City Attorney's Office A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. ·A medical triage vehicle/trailer, equipped with sufficient trauma dressing, r~edical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. · One additional fire truck company. · One additional paramedic company. · Modifications to existing fire stations to accommodate the additional fire units. The determination of the silocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment among property owners/developers, including the applicant, in the Hotel Circle Spatitle Plan Area, the Disneyland Resort Specific Plan Area and the Commercial Recreation Area (proposed Anaheim Resort Specific Plan Area), or the othe~se defined service a~a, as applicable, depending on the area served. POLICE Prior to approval of each The proper~ owner/developer shall submit plans to the Police Department for review and approval for the Police Department final site plan and issuance purpose of incorporating safety measures in the project design including the concept of crime prevention of each building parmir through environmental design (e.&, building design, circulation, site planning, and lighting of parking structures and parking areas). Prior lo issuance of each The proparty owner/developer shall submit plans to the Police Department for review and approval indicating Police Department building permit for parking the provision of closed circuit television monitoring and recording or other substitute security measures as structure may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. Ongoing during operation The project shall provide pfivate security on the premises to maintain adequate security for the entire project Police Department subject to review and approval of the Police Department. The use of security patrols and electronic security devices (Le, video monitors) should be cornsidereal to reduce the potential for criminal activity in the area. Prior to issuance of each The project design shall include parking lots and parking structures with control[ed access points to limit Police Department building permit; to be ingress and egress to hotel employees and guests subject to the review and approval of the Police Department. implemented prior to final building and zoning inspections PARKS AND RECREATION Prior to final building and The property owner/developar shall provide a pool and spa area for each hotel developed. Parks, Recreation & zoning inspections Community Services Department, Parks Division 'liming Meas~e M°nitOr i: i WA'I'ER Prior to the approval of the The property owner/developer shall enter into an agreement recorded against the property with the City of Utilities Department, Water first final subdivision map or Anaheim, to the satisfaction of the Utilities Department and City Attome)es Office, to guarantee the property Engineering Division; issuance of the first grading ow~er/dev¢lope~s participation in water system improvements necessitated by the project. The agreement City Attorney's Office permit or building permit, shall contain provisions requiring the p~operty owner/developer to pay or cause to be paid its fair share whichever occurs first funding for said improvements and/or construct said improvements, if determined to be necessary by the Utilities Department, with reimbursement by other beneficiaries in accordance with the Utifi~s Rates, Rules and Regulations. Costs shall include the payment for eorksultant/contraetor services for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection and any other related expenses. Further, the property owner/developer shall submit an engineering report and phasing plan for review and approval by the Utilities Department setting forth the extent and timing of the water system improvements necessitated by the project for use in implementing the agreement. The proparty owner/developer shall at all times perform its obligations as set forth in said agreement. Water system improvements identified in the environmental documentation which may be necessitated by the project include: a. The existing 8-inch-diameter pipe in Clemenfine Street from KateIls Avenue to Freedman Way shall be replaced by a 20-inch-diameter pipe. b. The existing 10-inch<liameter pipe in Freedman Way from Clementinc Street to Harbor Boulevard shall be replaced by a 20-inch-diameter pipe, and the existing 10-inch<liameter pipe in Harbor Boulevard from KateIls Avenue to Freedman Way shall be replaced by a 20-inch-diameter pipe. c. The existing 10-inch-diameter pipe in Harbor Boulevard from Ratella Avenue to Convention Way shall be replaced by a 20-inch-diameter pipe and the 12-inch-diameter pipe in Fatella Avenue from Harbor Boulevard to Clementinc Street shall be replaced by a 20-inch-diameter pipe. d. An additional water well shall be constructed near the intersection of Clementinc Street and Freedman Way. Prior to issuance of each Water pre~ure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of Utilities Department, Water building perrail pressure reducing valves installed at the property or, met/developers service. Engineering Division Prior to issuance of each All water supply planning for the project will be closely coordinated with, and be subject to the review and Utilities Department, Water building permit final approval of, the Utilities Department, Water Engineering Division and Fire Department. Engineering Division/Fire Department Prior to each final building The property owner/developer shall comply with the City of Anaheim's Landscape Water Efficiency Utilities Department, Water and zoning inspection Ordinance, and submit a Landscape Documentation package for review and appix)val by the Planning and/or Services; Utilities Department, as appropriate. Planning Department HOTEL C~CLE SPEC~IC~LAN 7 prior to issuance of each The property ova~¢r/daveloper shall submit to the Utilities Department plans for review and approval which Utilities Department, Water building permit or approval incorporate water comenation measures, which shall include, to the extent applicable, but not be limited to, Sexyices; Parks, Recreation of each landscape plan, the following and Community Service, whichever occurs first; to be Parks Division; Planning implemented prior to final · Use of low-flow sprinkler heads in irrigation systems. Department, Building building and zoning · Use of waterway recirculation systems. Division inspections; and, continuing · Use of low-flow fittings, ftxtures, and equipment, including low flush toilets and urinals. on an ongoing basis during · Use of self<losing valves on drinking fountains. project operation · Use of reclaimed water for irrigation and ',washdown when it becomes available. · Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture · Use of low-flow shower heads in hotels. · Use of water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances. · Use of irrigation systems primarily at night when evaporation rates are lowest. · Provide information to the public in conspicuous places rearcling water conservation. · Use of water-consevfing landscape plant materials wherever feasible. EI~21'RICAL prior to issuance of each The proparty owner/developer will coordinate with the Utilities Department regarding the location and Utilities Department, building permit phasing of on-site electrical service facilities. Electrical Division Prior to issuance of each Tile proparty owner/developer shall provide conduits and substructures to the public right-of-way for placing Utilities Department. building pannit existing power, communication, CATV, and street light facilities underground. Additionally, par the Electric Electrical Division Rates, Rules and Regulations, a non-refundable fee shall be paid to the City for the installation of power cables and related facilities. The reloeation of existing overhead utility lines within and connecting the Hotel Circle Specific Plan Area to underground utilities, shall be consistent with the City Underground Policy for undergrounding all utilities within the Anaheim Resort. Prior to final building and Street lights shall be required on all public streets within the Hotel Circle Specific Plan Area. The property Utilities Department, zoning inspections owner/developer shall, at no cost to the City, instaft street lights in accordance with City Standards. Electrical Division Prior to issuance of each For any buildin~ requiring a change in electrical service, the property owner/developer shall install an Utilities Department, building permit undergoround electrical service from the Public Utilities Distribution System. The Underground Service will be Electrical Division 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, Regn]ations and Electrical Specifications for Underground Systems. Prior to issuance of each Project planners and architects will consider the use of energy-efficient architecture and landscaping design Utilities Department, building permit concepts which 'a~Ork to reduce the demands for fossil fuels. Such measures include the following: Electrical Division Architectural planning and design, to the extent feasible, should take full advantage of concepts such as natural heating and/or cooling through sun and wind exposure and solar energy collection system opportunities. Hotel hot water systems, to the e~ent feasible, should be designed to util/ze alternative energy sources (e.g., solar energy collectors). Should such systems be deemed infeasible at the time of initial construction, building design should incorporate provisions to allow them to be easily accommodated/installed at a later date. HOTEL CIRCLE SPEC~C L~LAN 8 Pcior to issuance of each The property owner/developer shall submit plans showing that each structure will comply with the State Utilities Department, building permit Energy Efficiency Standards for Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Energy Sexyices Regulations); and, will consult with the City of Anaheim Public Utilities Resource Efficiency Division in order to r~view Title 24 menures to incorporate into the project including energy efficient designs. Prior to final building and The property owner/developer shall implement energy-saving practices in compliance with Title 10, which may Utilities Department, zoning inspections include the following: Energy Services Use of high-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100-percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. Use of electric motors designed to conserve energy. Use of special lighting t'txtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. Use of T8 lamps and electronic ballasts. Metal hallid¢ or high-pressure sodium for outdoor lighting and parking lots. Improvement (Fee) Program. NATURAL GAS Prior to issuance of each Natural gas sexyice will be provided in acco~ance with the Southern California Gas Company's policies and Planning Department building permit e~ension rules on file with the California Public Utilities Coramission at the time that contractual arrangements are made. Prior to issuance of each The properOy owner/developer shall submit plans for review and approval which shall ensure that building Utilities Department, building permit are in conformance with the State Energy Conservation Standards for Nonresidential Buildings (Title 24, Part Energy Sezvices 6, Article 2, California Administrative Code). Prior to final building and The Southern California Gas Company has developed several proga'ams which are intended to assist in the Southern California Gas zoning inspection selection of the mo~t energy-efficient water heaters and furnaces. The property owner/developer shall Company;, Utilities implement a program, as required, to reduce the demand on natural gas supplies. Department, Energy Services SOLID Prior to issuance of building The property owner/developer shall submit project plans to the Maintenance Department for review and Maintenance Department permits; to be implemented approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as prior to final building and administered by the City of Anaheim, and the County of Orange and City of Anaheim Integrated Waste zoning inspections Management Plans. Prior to final building and zoning inspections, implementation of said plan shall commence and shall remain in full effect as required by the Maintenance Department. Waste management measures that shall be taken to reduce solid waste generation include, but are not limited, to: a. Detailing the locations and design of on-site recycling facilities. b. Providing on-sile recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulations 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 Maintenance Department, including, but not limited to: Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. Providing on-site recycling receptacles accessible to the public to encourage recycling for all businesses, employees, and patx~ns where feasible. Prohibiting curbside pick-up. Prior to i~uance of each The storage and handling of project solid waste and recyclehies will be in accordance with City codes and the Maintenance Department; building permit City recycling program. Storage space will be designed and located consistent with the storage and access Planning Department plans on file in the Department of Maintenance. HOTEL CIRCLE SP~C PLAN 10 Ongoing during project The property owner/developer shall implement the following practices, as feasible: Maintenance Department operation Usage of recycled paper products for stationery, letterhead and packaging. Recovery of material such as aluminum and cardboard. Collection of office paper for recycling. Collection of polystyrene (foam) cups for recycling. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recychng or recovery. Prior to approval of each The propart7 owner/developer shall submit Demolition and Import/Exl~ort Plans, if determined to be Public Works/ grading plan (for necessary by the Public Works/Engineering Department, Traffic Engineering Division and/or Maintenance Engineering Department, import/export plan) and Department. The plans shall include identification of off-site locations for material export from the project Traffic Engineering Division prior to issuance of and options for disposal of excess material. These options may include recycling of materials on-site, sale to a and/or Maintenance demolition permit (for soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, Department demolition plan) with attempts made to move it within Orange Couniy. 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. During demolilion activities Measures will be taken to urilizc current technology to minimize the amount of construction materials Maintenance Department; requiring disposal from the demolition of existing buildings. Planning Department During construction Measures ~ll be implemented using the latest lechnology in recycling Io reduce the amount and bulk of waste Maintenance Department; activities and project requiring disposal, and to minimize the project's impact on the County's solid waste disposal system, both Planning Department operation during construction and project operation. Prior to final buiMing and The project will consider special landscaping treatments to minimize yard trimmin~ and waste. Maintenance Department; zoning inspections; and, Planning Department ongoing during project operation Prior to approval of the first The property owner/developer shall submit a plan which details procedures that will be taken if a previously Orange County Health grading plan or issuance of unknown UST or other unknown hazardous material or waste is discovered on-site. Department; Fire the first demolition permit, Department, Environmental whichever occurs first Protection Section TELEVISION Within 6 months after A study of area television reception shall be undertaken by the property owner/developer and submitted to Public Worki-Engineering completion of building the City Engineer for review and approval. If the City of Anaheim determines that the proposed project Department exteriors creates a significant impact on broadcast television reception at local residences and other existing hotels/restaurants or other businesses, a signal booster or relay system shall be installed immediately by the property owner/developer on the roof of the tallest project building to restore television reception to its original condition. SCHOOLS Prior to issuance of each The property owner/developer shall provide proof to the Building Division of the Planning Department that Planning Department, building permit school impact fees have been paid consistent with State statutes. Building Division HC~i'Ic~ CIRCLE SPEC~IC I~N 11 Prior to approval of a final The property owner/developer shall participate in the City's Master plan of Storm Drains and related Public Works-Engineering subdivision map or issuance Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary storm drainage Department, Design of a grading or building system deficiencies as follows: Division permit, whichever occurs first The proparty owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the followinc a. If the project does not increase or redirect current or historic storm water quantities/flows, then the property ow'ner/develope~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 10~year storm frequency. b. If the project 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 permit 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 pro,fide 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 inspections for the building/structure, whichever occms first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which would include fees, credits, or reimbursements, or a combination theveofi As part of guaranteeing the mitigation of impacts on the storm drainaga system, a storage 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. Prior to issuance of each Project design shall incorporate measures to control erosion and sedimentation as required by the Public Public Works/ building permit Works/Engineering Department. Engineering Department, Design Division AIR QLIALITY Ongoing during project The property owner/developer shall implement measures to reduce emissions to the extent practical, including Public Works/ operation scheduling goods movements for off-peak traffic hours, and using clean Fuel for vehicles and other equipment, Engineering Department, as practicable. Traffic Eng/neering Division Prior to issuance of each The property owner/developer shall submit evidence that low emission paints and coatin~ are utilized in the South Coast Air Quality building pertnit design and construction of buildings in compliance with SCAQMD regulations. This information shall be Management District; denoted on the project plans and specifications. Planning Department, Building Division HOTI~ CIRCLE SPEC~q;IC I~LAN 12 Ongoing during construction The property owner/developer shall implement measures to reduce construction-related air quality impacts. Planning Department, These measures shall include, but are not limited, to: Building Division a. Normal wetting procedures (at least t~ce daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground over in disturbed areas as quickly as practicable. h. Enclosing, covering, watering twice daily, or applying approved soil binders, accoxxling to manufacturers specification, to exposed stock piles. 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 material exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept on-site when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. Taking preventive measures to ensure that trucks do not carry din on tires onto public streets, including treating on-site roads and staging areas. g, Preventing trucks from idling for longer than 2 minutes. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 9_5 miles per hour and during first and second stage smog alerts. k. Comply with the SCAQMD Rule 402, which states that no dust impacts off-site are sufficient to be called a nuisance, and SCAQMD Rules 403, which restricts visible emissions from construclion. I. U~e low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicak m. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generatom, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o Use low sulfur fuel for equipment, to the extent practicable. Ongoing during construction The property owner/developer shall implement the following to limit emissions from architectural coatings Planning Department, and asphalt usage: Building Division a. Use-nonsolvent based coatings on building, wherever appropriate. b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. Prior to issuance of each The property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best South Coast Air Quality building permit Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new Management District; or modified stationary sources. Copies of permits shall be given to the Planning Department. Planning Department, Planning Division HOTHL CIRCLE SPECIl~IC PLAN Prior to issuance of each The property owner/developer shall implement, and demonstrate to the City, measures that are being taken to Utilities Department, Water building permit reduce operation-~lated air quali~y impacts. These measures may include, but are not limited to, the and Electric Services followinl~. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or Incorporate efficient heating and other appliances. Incorporate energy conse~ation measures in site orientation and in building design, such as appropriate passive solar design, Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting Participate in marketing the existing Anaheim Telecenter (telecommuting/video conferencing center) to gaeats in their hotels/businesse& To the extent feasible, prodde flay care opportunities for employees or participate in a joint development VISUAL RESOURCES AND AESTHETICS Prior to issuance of each The property ownerjdeveloper shall submit plans to the Planning Department which illustrate that all Planning Department, building permit; to be mechanical equipment and trash are~-~ for the subject building(a) will be screened from adjacent public streets. Planning Division implemented prior to final Screening shall be installed prior to final building and zoning inspections. building and zoning Prior to issuance of each The proparty owner/developer shall submit a landscape and irrigation plan to the Planning Department. This Planning Department building permit plan shaft be prepared by a {icerlsed landscape architect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping associated with the building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. Prior to final building and The property ow~er/developer shall participate in a landscape assessment and maintenance district if one is City Attorney's Office; zoning inspection established for the Anaheim Resort. Planning Department, Planning Division Prior to issuance of each The property owner,/developar shall submit plans which detail the lighting system for any parking facilities Planning Department, building permit adjacent to any light-sensitive uses. The systems shall be designed and maintained in such a manner as to Building Division conceal light sourcos to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the endricer stating that, in the opinion of the engineer, this r~quiremem has been met. HOTEL CUR(RE SPECIFIC ~LAN 14 C~./LTURAL RESOURCES P~or to app~l of each ~c pm~ ~cr/dc~lo~r z~H submit a letter to the Public Wor~/En~ncc~ng Dc~men~, Publ~c ~ding plan De~lopmcnt D~ion, and the Plann~g ~mcnt, P~nning Dillon, identi~ng the ~ificd a~hacolo~t ~nce~ng Dec.merit, Pla~ing Dc~mcnt, a. ~c a~hacolo~st m~t be p~nt at ~c p~gm~ng confc~ncc in o~cr to e~tabli~h p~u~s for P~ing Di~i~ o~er/d~lo~r for e~lo~tion and/or ~l~ge. c. Any archaeolo~l work at the site shall be ~nducted under the ~irection of the ce~ifie~ archaeolo~st. ~ding shall be dive~ed around the a~a until the monitor can su~ey the area~ d. A final re~ detailing the findin~ and d~sition of the s~imens shall be submitted to the City Prior to app~val of each ~e pro~y ~er/develo~r shall submit a letter to the Public Wor~/Eng neet ng Depa~ment, Public Wor~/ g~ding plan Development Diasion, and the Planning De~ment, Planning Diasion, identif~ng the ce~ified En~neehng Depa~ment, ~leontolo~st that has been hired to ensure that the follo~Sng actions are implemented: Development Di~sion; a. ~e paleontologist musl be present at the pregrading conference in order to establish pr~edures to Planning Di~sion pro~y ~er/develo~r for e~lo~tion and/or ~l~ge. ~GY I~.ZARDOUS MATERIALS Prior to approval of the first T~¢ prope.,ly owner/developer shall submit a plan for review and approval to the Environmental protection Orange County Health gra4dng plan or issuance of Section of the Fire Department which details procedures that will be taken if a pre~iousiy unknown USE or Department; Fire the first demolition permit, other unknown hazardous material or waste is discovered on-site. Department, Environmental whichever occurs first Protection Section Ongoing during remediation Remediation activities conducted on behalf of the property owner/developer of surface or subsurface Oran~ County Health contamination not related to Ufffs shall be overseen by the Orange County Health Department. Department; Ongoing during demolition In the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the AQMD for asbestos and construction property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are dispo~l; Orange County handled and disposed of in the manner specified by the State of Callfomia Hazardous Substances Control Law Health Department for (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California hazardous waste and Administrative Code, Title 30, Chapter 22. material disposal '~x~SPOffFAT~ON Prior to issuance of each The property ovmer/deve]oper shall pay a traffic and transportation improvement fee to the City of Anaheim, Public Works/ building permit in an amount established by City Council Ordinance/Resolution, in effect at the time the permit is issued; Engineering Department, and, shall participate in all applicable reimbursement or benefit districts which have been established. Traffic Engineering Division Prior to final building and The property ow~ler/developer shall join and financially participate in a clean fuel shuttle program, if Public Works/ zoning inspection; and, established, use clean fuel vehicles. as practical and to the extent feasible as determined by the City Engineer Engineering Department, ongoing during project and participate in the Anaheim Transportation Neiwork Association. Traffic Engineering DMsion operation Ongoing dur/ng construelion If Anaheim Police Depertn~ent or Anaheim Traffic Management Center (TMC) personnel are required to Police Department; Public provide ternporeT traffic control seaices, the property owner/developer shall reimburse the City, on a Works/ fairshare basis, if applicable, for reasonable costs associated ~ith such services. Engineering Department, Traffic Engineering Dis/sion; City Attorney's Office HOTI~ CIRCLE SPECIFIC ~ 16 Prior to final building and The property owner/developer wgl implement and administer a comprehensive Transportation Demand Southern California zoning inspection; and, Management (TDM) program for all employees. Association of ongoing during project Governments; South Coast operation Objecfive~ of the TDM program shall be: Air Quality Management D~strict; Public · Increase rideshating and use of alternative transportation modes by guests. Wor~/Engineering Department, Traffic · Provide a menu of commute alternatives for employees to reduce project~enerated trips. Engineering Division A menu of TDM program strategies and eremerits for both existing and future employee commute options include, but are not limited to, the following: · OhSitC Service. OhSitc services, such as the food, retail, and other services be provided. · Pridesharing. A computer listing of all employee members be developed for the puq3ose of providing a 'matching' of employees with other employees who live in the same geographic areas and who could ~Jdcsbare. · Vanpooling. A computer liztJng of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool. · Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes be promoted through financial assistance and ohsire ~les to encourage employees to use the various transit and bus services from throughout the region. · Commuter Bus. As commuter %xpeess" bus service expands throughout the region, passes for use on these lines may be provided [or employees who choose to use this service. Financial incentives he provided. · Shuttle Service. A computer listing of all employees living in proximity to the Hotel Circle project be generated, and a lecal shuttle pro,am offered to encourage employees to travel to work by means other than the automobile. HOTEL CI~-~ SPF~CrI~IC I~LAN 17 Me..~saue · Bicycling. A Bicycling Program be deve/oped to offer a bibcling alte~a~ve to employee~ ~c~ bi~e Rental ~r Heel. A "fleet vehicle~ proem be develo~d to pro,de employees who travel to work by means other than an autom~ile ~th acg~ to automobiles in ca~ of emergent, medical ap~intments, other means of commuting to work, Mth a preamnged fide home in a t~i, rental car, shuttle, or other vehicle, in the e~nt of eme~encies during the work shift. Target Reduction of ~ngest Commute Trip. An incentives pm~m for fideshating and other alternative trans.nation m~es to put highest priority on reduction of longest employee commute trips. an option for employe~. means (e.g., computer Mth m~em). means other than sin~e~cupant auto to tra~l to work. · Financial Incentive for Ridesharing and/or Public Transit. (Currently, Federal law provides tax-free status for up to S60 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bas pools) · Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. · Special 'Premium' for the Participation and Promotion of Trip Reduction. Ticket/passes to special events, wacations, etc. be offered to employees who recruit other employees for vanpool, carpool, or other trip reduction programs.