Document Anaheim_doc_4868910e57

1 Terms and Definitions 1. Property Owner/Developer − Any owner or developer of real property within the Anaheim Report Specific Plan Area. 2. Environmental Equivalent/Timing − Any mitigation measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning and Building Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed “environmental equivalent timing” and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City’s adopted Fee Schedule. 3. Timing − This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is “to be shown on approved building plans” subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 4. Responsibility for Monitoring − Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 5. Ongoing Mitigation Measures − The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored “Ongoing During Construction,” the annual letter will review those measures only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 6. Building Permit − For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN UPDATED AND MODIFIED MITIGATION MONITORING PROGRAM NO. 85C ---PAGE BREAK--- 2 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion AESTHETICS MM 5.1-1 Prior to final site plan approval Prior to final site plan approval, the property owner/developer shall submit a shade and shadow analysis to the Planning and Building Department for review and approval demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas outdoor eating areas, hotel/motel swimming pools, and residential front and back yards) or structures that include sensitive uses residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. Planning and Building Department MM 5.1-2 Prior to issuance of building permits Prior to issuance of building permits, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning and Building Department MM 5.1-3 Ongoing Ongoing, the property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. Planning and Building Department MM 5.1-4 Prior to Final Site Plan approval Prior to Final Site Plan approval, the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. Planning and Building Department ---PAGE BREAK--- 3 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.1-5 Prior to final building and zoning inspections Prior to final building and zoning inspections, private streets within the Anaheim Resort Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets as determined by the Public Utilities Department. Public Utilities Department MM 5.1-6 Prior to final building and zoning inspections Prior to final building and zoning inspections, root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks. Planning and Building Department MM 5.1-7 Prior to final building and zoning inspections Prior to final building and zoning inspections, the property owner/developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. Planning and Building Department MM 5.1-8 Ongoing Ongoing, all on-site non-Public Realm landscaping and irrigation systems, and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer, in compliance with City standards. Planning and Building Department MM 5.1-9 Ongoing Ongoing, any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department MM 5.1-10 Ongoing Ongoing, a licensed arborist shall be hired by the property owner/developer to be responsible for all tree trimming. Planning and Building Department MM 5.1-11 Prior to issuance of each building permits Prior to issuance of each building permits, unless records indicate previous payment, a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner/developer. Planning and Building Department ---PAGE BREAK--- 4 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.1-12 Prior to issuance of each building permit Prior to issuance of each building permit, all air conditioning facilities and other roof and ground-mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. Planning and Building Department MM 5.1-13 Prior to Final Site Plan approval Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings visible from off-site areas shall be architecturally accented to portray a finished look. Planning and Building Department MM 5.1-14 Prior to Final Site Plan approval Prior to Final Site Plan approval, plans shall show that no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback area. Planning and Building Department AIR QUALITY MM 5.2-1 Ongoing during project operation Ongoing during project operation, the property owner/developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off-peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. Planning and Building Department MM 5.2-2 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the project plans and specifications. The property owner/developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: Planning and Building Department ---PAGE BREAK--- 5 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion a. Use non-solvent-based coatings on buildings, wherever appropriate; b. Use solvent-based coatings, where they are necessary. MM 5.2-3 Ongoing during construction Ongoing during construction, the property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. 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. Planning and Building Department ---PAGE BREAK--- 6 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. l. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. p. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2-4 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan) Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner/developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. Planning and Building Department ---PAGE BREAK--- 7 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.2-5 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. Planning and Building Department MM 5.2-6 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation-related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center 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. Planning and Building Department MM 5.2-7 Prior to issuance of the first building permit Prior to issuance of the first building permit, the property owner/developer shall submit a human health risk assessment (HRA) for any proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I-5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. Planning and Building Department ---PAGE BREAK--- 8 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion BIOLOGICAL RESOURCES MM 5.3-1 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a survey for active raptor nests shall be conducted by a qualified Biologist and submitted to the Planning and Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500-foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. Planning and Building Department MM 5.3-2 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a letter detailing the proposed schedule for vegetation removal activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. Planning and Building Department CULTURAL RESOURCES MM 5.4-1 Prior to issuance of each grading permit Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pre-grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts Planning and Building Department ---PAGE BREAK--- 9 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. MM 5.4-2 Prior to issuance of each grading permit Prior to issuance of each grading permit, the property owner/developer shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pre-grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not Planning and Building Department ---PAGE BREAK--- 10 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion present, grading shall be diverted around the area until the monitor can survey the area. MM 5.4-3 Prior to approval of a final site plan for properties that contain a structure over 45 years old Prior to approval of a final site plan for properties that contain a structure over 45 years old, property owners/developers shall submit to the Planning and Building Department, Planning Services Division, documentation to verify the presence/absence of historic resources. On properties where resources are identified, such documentation shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. Planning and Building Department GEOLOGY AND SOILS MM 5.5-1 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. Planning and Building Department MM 5.5-2 Prior to issuance of each foundation permit Prior to issuance of each foundation permit, the property owner/developer shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Planning and Building Department MM 5.5-3 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit plans to the Planning Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. Planning and Building Department ---PAGE BREAK--- 11 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.5-4 Prior to the final building and zoning inspection for a hotel/motel Prior to the final building and zoning inspection for a hotel/motel, the property owner/developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. Fire Department MM 5.5-5 Ongoing during grading activities Ongoing during grading activities, the property owner/developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. Planning and Building Department MM 5.5-6 Prior to issuance of building or grading permits Prior to issuance of building or grading permits, the property owner/developer shall submit to the Planning and Building Department, Building Services Division geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Planning and Building Department HAZARDS AND HAZARDOUS MATERIALS MM 5.7-1 Prior to issuance of the first grading or demolition permit, whichever occurs first Prior to issuance of the first grading or demolition permit, 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, 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. Fire Department ---PAGE BREAK--- 12 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.7-2 Prior to the removal of USTs Prior to the removal of USTs, the property owner/developer shall obtain a permit from the Environmental Protection Hazardous Materials Management Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. Fire Department MM 5.7-3 Ongoing during remediation all remediation activities of surface or subsurface contamination not related to USTs Ongoing during remediation all remediation activities of surface or subsurface contamination not related to USTs, conducted on behalf of the property owner/developer, shall be overseen by the Orange County Health Care Agency (OCHCA). Information on subsurface contamination from USTs shall be provided to the Public Utilities Department, Environmental Services Division. Santa Ana Regional Water Quality Control Board with a copy to Planning & Building. 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 However, the Anaheim Fire Department will still be responsible for overseeing the removal of USTs. (amended February 26, 2015). Fire Department Public Utilities Department Planning & Building MM 5.7-4 Prior to issuance of the first grading or demolition permit, whichever occurs first Prior to issuance of the first grading or demolition permit, 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. Fire Department MM 5.7-5 Prior to issuance of the first grading or demolition permit, whichever occurs first Prior to issuance of the first grading or demolition permit, whichever occurs first for future developments within the Anaheim Resort Specific Plan area affecting any property on a published list of leaking underground storage tanks (LUST) that has not been officially closed or resolved, a qualified environmental professional, retained by the property owner/developer, shall attempt to contact the current and/or known former property/business owners Fire Department Public Utilities Department Planning & Building ---PAGE BREAK--- 13 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion to obtain information regarding the status of USTs and/or tank closures at these sites. If warranted, subsurface investigation and sampling shall be undertaken by a qualified environmental professional, and results of these analyses shall be submitted to the Fire Department and the Environmental Services Division of the Public Utilities Department Santa Ana Regional Water Quality Control Board for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. A copy of the approval letter with any appropriate remediation measures shall be submitted to Planning & Building. MM 5.7-6 Ongoing during project demolition and construction Ongoing during project demolition and construction, in the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner/developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. Fire Department MM 5.7-7 Prior to issuance of any discretionary permit for a current or former hazardous waste disposal site or solid waste disposal site Prior to issuance of any discretionary permit for a current or former hazardous waste disposal site or solid waste disposal site, the project property owner/developer shall submit a Phase I Environmental Site Assessment to the City. If possible hazardous materials are identified during the site assessments, the appropriate response/remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board as appropriate. Fire Department ---PAGE BREAK--- 14 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion HYDROLOGY AND WATER QUALITY MM 5.8-1 Prior to issuance of the first grading or building permit, whichever occurs first Prior to issuance of the first grading or building permit, whichever occurs first, the property owner/developer shall submit a Master Drainage and Runoff Management Plan for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works/OC Engineering. The Master Plan shall include, but not be limited to, the following items: a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff. Public Works Department MM 5.8-2 Prior to issuance of a grading permit for sites that disturb more than one acre of soil Prior to issuance of a grading permit for sites that disturb more than one acre of soil, the property owner/developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. Planning and Building Department MM 5.8-3 Ongoing during project operations Ongoing during project operations, the property owner/developer shall provide for the following: cleaning of all paved areas not maintained by the City of Anaheim on a basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. Planning and Building Department MM 5.8-4 Prior to each final building and zoning inspection Prior to each final building and zoning inspection, the property owner/developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. Planning and Building Department MM 5.8-5 Prior to final building and zoning inspection Prior to final building and zoning inspection, the property owner/developer shall install piping on-site with project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. Public Utilities Department ---PAGE BREAK--- 15 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion MM 5.8-6 Prior to issuance of building permits Prior to issuance of building permits, the property owner/developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Public Works Department NOISE 5.10-1 Ongoing during construction, Ongoing during construction, the property owner/developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. Planning and Building Department 5.10-2 Prior to approval of each final site plan Prior to approval of each final site plan, the property owner/developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level Ordinance. Ultimate noise attenuation requirements, if any, shall 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. Planning and Building Department 5.10-3 Prior to issuance of each building permit Prior to issuance of each building permit, for structures that are adjacent to noise-sensitive areas such as residences, the property owner/developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. Planning and Building Department 5.10-4 Prior to issuance of each building permit for a parking structure Prior to issuance of each building permit for a parking structure, the property owner/developer shall ensure that noise from parking structures adjacent to residential areas will be reduced by the provision of convenient access to parking facilities, sound attenuation devices (louvers and walls), the use of textured deck surfaces to reduce tire squalling, and tiering a parking facility to provide greater distance to the receptor. Planning and Building Department 5.10-5 Prior to issuance of each building permit Prior to issuance of each building permit, a note shall be provided on building plans indicating that during construction, the property owner/developer shall install and maintain specially designed construction barriers at the project Planning and Building Department ---PAGE BREAK--- 16 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion perimeter areas. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 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. 5.10-6 Ongoing during construction and project operation Ongoing during construction and project operation, pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 AM and 8:00 PM. Planning and Building Department 5.10-7 Ongoing during construction and project operation Ongoing during construction and project operation, sweeping operations in the parking facilities and private on-site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. Planning and Building Department 5.10-8 Ongoing during construction Ongoing during construction, property owners/developers shall pay for all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning and Building Department four times a year on a 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. Planning and Building Department ---PAGE BREAK--- 17 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.10-9 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall present plans and calculations to the Planning Department, Building Division to demonstrate that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. Planning and Building Department 5.10-10 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall present plans and calculations to the Planning and Building Department, Building Division to demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on-site noise sources are designed to meet the City’s 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. Planning and Building Department 5.10-11 Prior to issuance of each building permit Prior to issuance of each building permit, a note shall be provided on plans indicating that there shall be no operation of large bulldozers or vibratory rollers within 25 feet of any existing residence. Planning and Building Department 5.10-12 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction Prior to issuance of each building permit if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. Planning and Building Department PUBLIC SERVICES 5.12-1 Prior to the approval of each Final Site Plan and issuance of each building permit Prior to the approval of each Final Site Plan and issuance of each building permit, the property owner/developer shall submit plans to the Police Department for review and approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design building design, circulation, site planning, and lighting of parking structures and parking areas). Police Department ---PAGE BREAK--- 18 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.12-2 Prior to the issuance of each building permit for a parking structure Prior to the issuance of each building permit for a parking 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. Police Department 5.12-3 Ongoing during project operation Ongoing during project operation, the property owner/developer shall provide private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices video monitors) should be considered to reduce the potential for criminal activity in the area. Police Department 5.12-4 Prior to issuance of each building permit Prior to issuance of each building permit, the project design shall include parking lots and parking structures with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. Police Department 5.12-5 Prior to commencement of structural framing on each parcel or lot Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and charged by the property owner/developer as required and approved by the Fire Department. Fire Department 5.12-6 Prior to issuance of each grading permit Prior to issuance of each grading permit, the property owner/developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. Fire Department 5.12-7 Prior to issuance of each building permit; to be implemented prior to the final building and zoning inspection Prior to issuance of each building permit; to be implemented 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. Fire Department 5.12-8 Prior to issuance of each building permit Prior to issuance of each building permit, plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of Fire Department ---PAGE BREAK--- 19 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. 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. 5.12-9 Prior to issuance of the first building permit Prior to issuance of the first building permit, the property 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 Fire Department ---PAGE BREAK--- 20 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment/facilities among property owners/developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner/developer (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements. 5.12-10 Prior to each final building and zoning inspection Prior to each final building and zoning inspection, the property owner/developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. Fire Department 5.12-11 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit a Construction Fire Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. Fire Department 5.12-12 Prior to the approval of each Final Site Plan and prior to the issuance of each building permit 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. Fire Department 5.12-13 Prior to the placement of building materials on a Prior to the placement of building materials on a building site, an all-weather road shall be provided from the roadway system to and on the construction Fire Department ---PAGE BREAK--- 21 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion building site 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. 5.12-14 Prior to approval of building plans Prior to approval of building plans, the property 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. Fire Department 5.12-15 Prior to approval of on-site water plans Prior to approval of on-site water plans, unless each 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. Fire Department 5.12-16 Prior to approval of water improvement plans Prior to approval of water improvement plans, the water supply system shall be designed by the property owner/developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. Fire Department 5.12-17 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall provide proof of compliance with Government Code Section 53080 (Schools). Planning and Building Department 5.12-18 Ongoing Ongoing, the City will work cooperatively with school districts to identify opportunities for new schools and school expansion. Planning and Building Department 5.12-19 Prior to the issuance of a building permit Prior to the issuance of a building permit, the property owner/developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas – Payment of Fees Required. Planning and Building Department TRANSPORTATION AND TRAFFIC 5.14-1 Prior to approval of a Final Site Plan for any project forecast to generate 100 or Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, Public Works Department ---PAGE BREAK--- 22 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion more peak hour trips the property owner/developer shall prepare traffic improvement phasing analyses to identify when the improvements identified in this traffic analysis shall be designed and constructed. 5.14-2 Prior to issuance of the first building permit for each building Prior to issuance of the first building permit for each building, the property owner/developer shall pay the appropriate Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer. The property owner shall also participate in all applicable reimbursement or benefit districts, which have been established. Public Works Department 5.14-3 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s)-of- way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. Public Works Department 5.14-4 Prior to the final building and zoning inspection Prior to issuance of the first building permit Prior to the final building and zoning inspection Prior to issuance of the first building permit, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit Transportation (ART) system, and shall participate in the Anaheim Transportation Network (ATN) in conjunction with the on-going operation of the project. Proof of compliance with this requirement shall be submitted by the Anaheim Transportation Network to the City Traffic Engineer. 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. Proof of compliance with this requirement shall be the submittal of a copy of the recorded covenant to the City Traffic Engineer. Public Works Department 5.14-5 Prior to the issuance of grading permits Prior to the issuance of grading permits, the property owner/developer shall provide to the City of Anaheim Public Works Department a plan to Public Works Department ---PAGE BREAK--- 23 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. 5.14-6 Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation District within the Convention Center Medium density category Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation (C-R) District (Development Area 1) within the Convention Center (CC) Medium density category, the property owner shall record a 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. Public Works Department 5.14-7 Ongoing during construction Ongoing during construction, if the Anaheim Police Department or the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner/developer shall reimburse the City, on a fair-share basis, if applicable, for reasonable costs associated with such services. Police Department Public Works Department 5.14-8 Prior to the final building and zoning inspection Prior to issuance of the first building permit Measure 5.14-8: Prior to the final building and zoning inspection Prior to issuance of the first building permit, the property owner shall record a covenant on the property requiring that ongoing during project implementation, the property owner/developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney’s Office and proof of compliance with this requirement shall be the submittal of a copy of the recorded covenant to the City Traffic Engineer. 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 Public Works Department ---PAGE BREAK--- 24 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion origin, and Average Vehicle Ridership. 5.14-9 Prior to the final building and zoning inspection Prior to issuance of the first building permit Prior to the final building and zoning inspection Prior to issuance of the first building permit, the property owner/developer shall provide to the City of Anaheim Public Works Department, City Traffic Engineer, for review and approval a menu of TDM program strategies and elements for both existing and future employees’ commute options, and incentives for hotel patrons’ transportation options. These options may 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 and proof of compliance with this requirement shall be the submittal of a copy of the recorded covenant to the City Traffic Engineer. 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 Public Works Department ---PAGE BREAK--- 25 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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 computer with modem). l. 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. 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 ---PAGE BREAK--- 26 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion $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. 5.14-10 Prior to approval of each tentative tract or parcel map Prior to approval of each tentative tract or parcel map, the following Street Design Elements shall be shown on each tentative tract or parcel map: a. Street cross-sections, including dimensions, labels, circulation designation Resort Secondary) and whether public or private. b. Street grades and vertical alignment. c. Horizontal alignment, including radii, and cul-de-sac radii. Public Works Department 5.14-11 Prior to the recordation of a subdivision map or issuance of the first building permit, whichever occurs first Prior to the recordation of a subdivision map or issuance of the first building permit, whichever occurs first, in the event that a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning and Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. Planning and Building Department 5.14-12 Prior to the issuance of the Prior to the issuance of the first building permit, the location of any proposed Public Works ---PAGE BREAK--- 27 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion first building permit gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. Department 5.14-13 Prior to the issuance of building permits Prior to the issuance of building permits, plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. Public Works Department 5.14-14 Prior to the issuance of building permits or final map approval, whichever occurs first Prior to the issuance of building permits or final map approval, whichever occurs first, security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City Engineer shall be posted with the City to guarantee the satisfactory completion of all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements, such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. Public Works Department 5.14-15 Based upon the improvement phasing analysis in the project traffic study Based upon the improvement phasing analysis in the project traffic study, the property owner/developer shall implement traffic improvements as identified in the project traffic study to maintain satisfactory levels of service as defined by the City’s General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair-share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner/developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Public Works Department ---PAGE BREAK--- 28 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion Manager, unless alternative funding sources have been identified. 5.14-16 Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14-1, property owners/developers will determine when the intersection improvements shall be constructed, subject to the conditions identified in MM 5.14-1. Public Works Department 5.14-17 Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14-1, the following actions shall be taken in cooperation with the City of Orange: a. The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the City of Orange. The fair- share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b. The City of Anaheim shall estimate the cost of the project’s fair-share responsibility in cooperation with the City of Orange. c. The property owner/developer shall pay the City of Anaheim the fair- share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair-share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. Public Works Department 5.14-18 Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses Public Works Department ---PAGE BREAK--- 29 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion as required in MM 5.14-1, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners/developers and the City will take the following actions in cooperation with Caltrans: a. The traffic study will identify the project’s proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair- share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards, and methodologies established in the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. b. The City shall estimate the cost of the project’s fair-share responsibility in cooperation with Caltrans. 5.14-19 Prior to the approval of the final subdivision map or issuance of building permits, whichever occurs first Prior to the approval of the final subdivision map or issuance of building permits, whichever occurs first, the property owner/developer shall pay the identified fair-share responsibility as determined by the City as set forth in MM 5.14-15. The City shall allocate the property owner/developer’s fair- share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City. Public Works Department 5.14-20 Prior to the approval of a Final Site Plan Prior to the approval of a Final Site Plan, the property owner/developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). Public Works Department 5.14-21 Prior to the first final building and zoning Inspection Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on-site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on-site coordinator shall be the one point of contact representing the Public Works Department ---PAGE BREAK--- 30 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the project participants. 5.14-22 Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan, if the costs of the identified improvements in the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Public Works Department WATER SUPPLY AND INFRASTRUCTURE 5.15-1 Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on-going basis during project operation) Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on-going basis during project operation), the property owner/ developer shall submit to the Public Utilities Department Planning and Building Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner/developer, to the extent applicable include, but are not limited to, the following: a. Use of low-flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self-closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low-flow shower heads in hotels. g. Water efficient ice-machines, dishwashers, clothes washers and other water-using appliances. Public Utilities Department Planning and Building Department ---PAGE BREAK--- 31 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. 5.15-2 Prior to issuance of each building permit Prior to issuance of each building permit, all water supply planning for the project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. Public Utilities Department Fire Department 5.15-3 Prior to issuance of each building permit Prior to issuance of each building permit, water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves installed at the property owner/developer’s service. Planning and Building Department 5.15-4 Prior to the issuance of each building permit Prior to the issuance of each building permit, the property owner/developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping and irrigation plans shall include water-conserving features such as low flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. Planning and Building Department 5.15-5 Prior to approval of the Final Site Plan and building permits Prior to approval of the Final Site Plan and building permits, plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, aboveground and behind the building setback line in a manner fully screened from all public streets Public Utilities Department ---PAGE BREAK--- 32 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion and alleys and in accordance with Ordinance No. 4156. Prior to the final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division, in accordance with the Final Site Plan and the building permit plans. 5.15-6 Prior to issuance of each building permit, unless records indicate previous payment Prior to issuance of each building permit, unless records indicate previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the Public Utilities Department, Water Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. Public Utilities Department 5.15-7 Prior to final building and zoning inspections Prior to final building and zoning inspections, a separate water meter shall be installed for landscape water on all projects where the landscape area exceeds 2,500 square feet in accordance with Ordinance No. 6160. Planning and Building Department 5.15-8 Prior to the issuance of the first building permit or grading permit, whichever occurs first Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner/developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: a. Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and b. Construction of a new 16-inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. Public Utilities Department 5.15-9 Ongoing Ongoing, the City shall continue to collaborate with the Metropolitan Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, §10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. Public Utilities Department ---PAGE BREAK--- 33 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion SEWER 5.16-1 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the property owner/developer shall participate in the City’s Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies as follows: The property owner/developer shall submit a report for review and approval of the City Engineer to assist in determining the following: a. If the development/redevelopment does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or 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 discharges into a sewer system that is currently deficient or will become deficient because of that discharge and/or increases flows or changes points of discharge, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and the City Attorney of the impact prior to approval of a final subdivision map or issuance of a grading or building permit whichever occurs first, pursuant to the improvements identified in the South Central Area Sewer Deficiency Study. The property owner/developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspections for the building/structure, whichever comes first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts Public Works Department ---PAGE BREAK--- 34 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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, a layout of the complete system, all facility sizes, including support calculations, construction phasing, and 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 each hotel). ELECTRICITY 5.17-1 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/develop shall consult with the City of Anaheim Public Utilities Department, Business and Community Programs Division, in order to review energy efficient measures to incorporate into the project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures which may include the following: a. High-efficiency air-conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100%) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors/separable activity areas f. Specification of premium-efficiency electric motors 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 Public Utilities Department ---PAGE BREAK--- 35 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 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. l. Use of T-8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. 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: a. New construction design review, in which the City cost-shares engineering for up to $10,000 for design of energy efficient buildings and systems b. New Construction – cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements c. Green Building Program – offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. 5.17-2 Prior to final building and zoning inspection Prior to final building and zoning inspection, the property owner/developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other Public Utilities Department ---PAGE BREAK--- 36 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. 5.17-3 Prior to issuance of each building permit Prior to issuance of each building permit, the property owner/developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. Planning and Building Department 5.17-4 Prior to approval of a Final Site Plan Prior to approval of a Final Site Plan, the property owner/developer shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures into the project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. Public Utilities Department STORM WATER 5.18-1 Prior to approval of a final subdivision map, or issuance of a grading or building permit, whichever occurs first Prior to approval of a final subdivision map, or issuance of a grading or building permit, whichever occurs first, the property owner/developer shall participate in the City’s Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as 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 Public Works Department ---PAGE BREAK--- 37 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney’s office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm drainage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, a layout of the complete system; all facility sizes, including support calculations; construction phasing; and, construction estimates. 5.18-2 Ongoing Ongoing, the City shall work with the Orange County Flood Control District (OCFCD) to ensure that flood control facilities are well maintained and capable of accommodating, at a minimum, future 25-year storm flows for City-owned and maintained facilities, and 100-year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County’s Public Property Permits Section for any activity performed within OCFCD’s right of way. Public Works Department ---PAGE BREAK--- 38 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.18-3 Prior to the issuance of building permits Prior to the issuance of building permits, the City shall require that building plans indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on-site water features, and other strategies. Planning and Building Department OTHER PUBLIC UTILITIES ---PAGE BREAK--- 39 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.19-1 Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection, the property owner/developer shall submit project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: a. Detailing the location and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation for hazardous material disposal. d. Participating in the City of Anaheim’s “Recycle Anaheim” program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: a. Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. b. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. 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. Public Works Department ---PAGE BREAK--- 40 Mitigation Measure Number Timing Measure Department Responsible for Monitoring Completion 5.19-2 Ongoing during project operation Ongoing during project operation, the following practices shall be implemented, as feasible, by the property owner/developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. Public Works Department 5.19-3 Prior to issuance of building permits Prior to issuance of building permits, plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Public Works Department 5.19-4 Prior to issuance of each building permit, Prior to issuance of each building permit, the Property Owner/Developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. Public Works Department 5.19-5 Prior to issuance of each grading and building permit Prior to issuance of each grading and building permit, the Property Owner/Developer shall submit to the Planning Director or Planning Services Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non-hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co-mingled. Planning and Building Department