Loading...
5689ORDINANCE NO. 5689 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING ORDINANCE NOS. 5377 AND 5378, AS PREVIOUSLY AMENDED, RELATING TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1, AMENDMENT NO. 4 (CHAPTER 18.78 OF THE ANAHEIM MUNICIPAL CODE). WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, on June 29, 1993, the City Council of the City of Anaheim adopted Ordinance No. 5377 amending the zoning map to reclassify certain real property described therein into The Disneyland Resort Specific Plan No. 92-1 Zone subject to certain conditions as specified therein, and Ordinance No. 5378 relating to establishment of Zoning and Development Standards for The Disneyland Resort Specific Plan No. 92-1 by the addition of Chapter 18.78 to said Code; and WHEREAS, on April 12, 1994, the City Council adopted Ordinance No. 5420 amending Ordinances Nos. 5377 and 5378 relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 1, which amendment established "District A", redesignated a portion (approximately 9 acres) of the East Parking Area to District A, and established Zoning and Development Standards for District A; and WHEREAS, on June 20, 1995, the City Council adopted Ordinance No. 5503 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 2, which amendment redesignated a portion (approximately 10 acres) of the East Parking Area to District A; and WHEREAS, on October 22, 1996, the City Council adopted Ordinance No. 5580 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific Plan No. 92-1, Amendment No. 3, which amendment encompassed modifications to The Disneyland Resort Project including a Revised Phasing Plan; modifications to the Specific Plan (including the Zoning and Development Standards, Design Plan and Guidelines and Public Facilities Plan) to implement the Revised Phasing Plan; and, incorporation of text and graphic modifications to the document; and WHEREAS, on September 16, 1997, the City Council adopted Ordinance No. 5613 amending Ordinance Nos. 5377 and 5378, as previously amended, relating to The Disneyland Resort Specific -1- Plan No. 92-1, Adjustment No. 1, which adjustment encompassed standards addressing permitted encroachments, screening requirements and height limitations; and WHEREAS, on December 7, 1998, pursuant to Chapter 18.93 of the Anaheim Municipal Code and a request by Robert Shelton, representing Anaheim Center for Entertainment, LLC, the Planning Commission, by its Resolution No. PC98-192, initiated applications for General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 and Conditional Use Permit No. 4078 associated with the Pointe*Anaheim project for approximately 22.2 acres of the 29.1 -acre Pointe*Anaheim project area, more specifically described as the 1.35 -acre City parcel, the 9.54 -acre Melodyland parcel, the 8.9 -acre Pyrovest Anaheim Plaza Hotel parcel, the 1.4 -acre Berger parcel and the 1 -acre Ursini parcel, for the purpose of presenting the applications for study and consideration at a public hearing. Robert H. Shelton, authorized agent for the remaining 6.9 acres of the 29.1 -acre project area, initiated the above -noted applications for the remaining properties; and WHEREAS, Amendment No. 4 encompasses text and exhibit changes throughout the Specific Plan document to reflect the establishment of the new Pointe*Anaheim Overlay which provides for the development of the Pointe*Anaheim Lifestyle Retail and Entertainment Complex (hereinafter "Pointe*Anaheim Project") including amendments to the Development Plan, the Design Plan and Guidelines, the Public Facilities Plan and the Zoning and Development Standards; and WHEREAS, the Pointe*Anaheim Overlay encompasses the boundaries of The Disneyland Resort Specific Plan No. 92-1 District A (18.9 acres) and a portion of the Parking District (East Parking Area)/C-R Overlay south of Freedman Way (10.2 acres), which area is more particularly described in Attachment No. 1 to this Ordinance, which is incorporated herein, and WHEREAS, on May 19, 1999, the City Planning Commission did hold a public hearing upon Amendment No. 4 to The Disneyland Resort Specific Plan, notice of which hearing was given in the manner required by law; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC99-79 recommending to the City Council (1) the adoption of Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 as set forth in -2- Attachment C to Resolution No. PC99-79, and (2) recommending amendment of Ordinance Nos. 5377 and 5378, as previously amended, relating to zoning for The Disneyland Resort Specific Plan No. 92-1, including changes to the Zoning and Development Standards in Chapter 18.78 of the Anaheim Municipal Code; and WHEREAS, upon receipt of said Resolutions, summary of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix the 22nd day of June, 1999, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed Amendment No. 4 and did give notice thereof in the manner and as provided by law; and WHEREAS, the City Council did hold and conduct said noticed public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports to consider the Pointe*Anaheim Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, including the associated Errata, General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort.Specific Plan No. 92-1 (including amendments to the Zoning and Development Standards, the Design Plan and Guidelines and the Public Facilities Plan), Conditional Use Permit No. 4078 with Waiver of Code Requirement, Amendment to the Anaheim Resort Public Realm Landscape Program and Development Agreement No. 99-01; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), the City Council, by its Resolution No. 99R-133 adopted the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, including the associated Errata for the Pointe*Anaheim project, and determined their adequacy to serve as the required environmental documentation for the proposed project actions, including General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Zoning and Development Standards, the Design Plan and Guidelines and the Public Facilities Plan), Conditional Use Permit No. 4078 with Waiver of Code Requirements, Amendment to the Anaheim Resort Public Realm Landscape Program and Development Agreement No. 99-01, based upon a finding by the City Council that the declaration reflects the independent judgment of the lead agency that it has considered the proposed MND and Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public review process; and further finding on the basis of the Initial Study and the evidence presented that there is no substantial evidence, with the imposition of the mitigation measures identified in -3- Mitigation Monitoring Plan No. 004, that the project will have a significant effect on the environment; and WHEREAS, the City Council desires to amend and add certain conditions of approval to Ordinance No. 5377, as previously amended; and WHEREAS, the City Council also desires to amend the Zoning and Development Standards established by Ordinance No. 5378, as previously amended, contained within Chapter 18.78 of the Anaheim Municipal Code applicable to The Disneyland Resort Specific Plan No. 92-1; and WHEREAS, the City Council finds that the proposed amendments are consistent with the findings and determinations made in Resolution No. 99R-135, adopting Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: A. That Ordinance No. 5377, as previously amended, be, and the same is hereby, amended to revise the introductory section to the Conditions of Approval; amend Conditions of Approval Nos. 27, 34, 50, 63, 67a and 67b, inclusive, and add Conditions of Approval Nos. 76 through 96 and Mitigation Monitoring Plan No. 004, as set forth in Attachment No. 2 to this Ordinance which is hereby incorporated herein as though set forth in full. B. That the City Zoning Map shall be, and the same is hereby, amended to reflect the changes effected by this Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 as above set forth, and said City Zoning Map, as amended, is hereby adopted and the Planning Department is hereby directed to prepare amendments to the City Zoning Map showing the changes hereby approved and adopted. C. That, except as expressly amended herein, Ordinance Nos. 5377 and 5378, as previously amended, shall remain in full force and effect. D. That Ordinance No. 5378, as previously amended, be., and the same is hereby, amended to revise the 90a Zoning and Development Standards in Chapter 18.78 of the Anaheim Municipal Code as follows: SECTION 1 That subsection .020 of Section 18.78.020 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".020 Disneyland Resort Design Plan. The site development standards set forth in Sections 18.78.050 through 18.78.110 of this Chapter have been adopted to operate in conjunction with the Design Plan for The Disneyland Resort Specific Plan identified in Section 5.0 of the Specific Plan document (hereinafter referred to in this Chapter as the "Design Plan") approved by the City Council on June 29, 1993, as amended on April 12, 1994 (Amendment No. 1); June 20, 1995 (Amendment No. 2); October 22, 1996 (Amendment No. 3); and July 13, 1999 (Amendment No. 4), as the same may be hereinafter amended in accordance with the Specific Plan amendment procedures set forth in Chapter 18.93 entitled "SPECIFIC PLANS" of the Anaheim Municipal Code. Said Disneyland Resort Design Plan is incorporated herein by this reference as if fully set forth in this Chapter. All development otherwise permitted by this Chapter shall comply with any applicable provisions of the Design Plan." SECTION 2 That subsection .020 of Section 18.78.040 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0201) to read as follows: 11.020 Final Site Plan Approval. Final Site Plans (as described in this section and hereinafter collectively referred to as the "Final Site Plans") shall be processed in the following ways: .0201 Process for Approval. (a) Planning Commission Report and Recommendation Item. Final Site Plans for the following types of plans shall be subject to the review and approval by the Planning Commission at a public meeting as a Report and Recommendation: (1) All development in the Hotel District with the exception of development subject to the -5- standards and requirements set forth in Section 18.78.100 entitled "C-R OVERLAY" of this chapter. (2) Streetscape and landscape within the Theme Park District, Parking District and Future Expansion District Setback Realms, as described in the Design Plan. (3) Minor boundary and acreage variations not exceeding ten percent (10%) of the larger parcel. (4) Final layout for the parking facility in the East Parking Area. (5) Final detailed layout of the Pointe*Anaheim Overlay Lifestyle Retail and Entertainment Complex designed in accordance with Conditional Use Permit No. 4078 approved in compliance with the Pointe*Anaheim Overlay requirements. Further provided that the Final Site Plan shall be in accordance with the requirements set forth in Section 18.78.105 entitled, "POINTE*ANAHEIM OVERLAY" of this Chapter; encompass the entirety of the 29.1 -acre Pointe*Anaheim Overlay; and, provide for the development of one comprehensive project to be constructed in one single continuous phase. If the Final Site Plan is found to be in substantial conformance with the Specific Plan and the provisions of this Chapter, the Planning Commission shall approve the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date ofsuch decision. Plans submitted for issuance of building permits shall be in substantial conformance with the approved Final Site Plan. (b) Planning Commission Public Hearing Item. (1) Final Site Plans for all development within District A and the Future Expansion District, with the exception of Parking Facilities shown on Exhibit 5.8.3e, "Future Expansion District Concept Plan," of the Specific Plan document, shall be subject to the review and approval by the Planning Commission at a noticed public hearing. (2) Notice of such hearing shall be given at the same time and in the same manner as specified for hearings for Conditional Use Permits in the Anaheim Municipal Code. Final Site Plans processed under this subdivision shall be subject to environmental review. The Planning Commission shall review the Final Site Plan to determine if it is in substantial conformance with the Specific Plan and the provisions of this chapter. The Planning Commission may approve, disapprove or approve with conditions the Final Site Plan. The Planning Commission's decision shall be final unless appealed to the City Council within ten (10) days from the date of such decision. Before approving a Final Site Plan under the provisions of this subsection, the Planning Commission shall make the following findings of fact: [a] That the proposed development will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; [b] That the size and adequate to allow development in a to the particular health, safety an shape of the site is for the full proposed manner not detrimental area nor the peace, d general welfare; [c] That the approval of the Final Site Plan under the conditions imposed, if any, will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim. (3) Notwithstanding the provisions and limitations of the foregoing subsections [a], [b] and [c], the Planning Commission or City Council may approve any Final Site Plan if the Planning Commission or City Council finds and determines, either in its approval of the Final Site Plan or any other finding pertaining to the proposed development (including environmental documentation), that (a) the concerns addressed by subsections [a], [b] and [c] above are mitigated to a level of insignificance or (b) overriding -7- considerations warrant the approval of the Final Site Plan in the event that either (i) one or more of the findings of fact required by subsections [a], [b] and [c] above is not made or (ii) insufficient evidence is set forth in the record to support one or more of the findings of fact. (c) C-R Overlay. Final Site Plans for development within the C-R Overlay shall be processed in the following manner: (1) Proposed development in conformance with the requirements of the District shall be processed according to the requirements of that District. (2) Proposed development in conformance with the requirements of the C-R Overlay shall be processed as a Planning Commission Public Hearing Item as described in subsection (b) above. (d) Exemptions. Development within the Theme Park District intended for theme park and theme park back -of -house support uses, hotels within the theme park, retail entertainment centers in the Theme Park and/or Hotel District(s), parking facilities in the Parking District and parking facilities within the Future Expansion District as shown on Exhibit 5.8.3e entitled "Future Expansion District Concept Plan" of the Specific Plan document, and permitted signage in the Pointe*Anaheim Overlay for the Pointe*Anaheim Lifestyle Retail and Entertainment Complex shall be exempt from the requirements of the Final Site Plan review. Building plans for these areas shall be submitted to the Building Division of the Planning Department and shall be.reviewed for conformance with all applicable provisions of the Specific Plan prior to issuance of building permits. Pointe*Anaheim Lifestyle Retail and Entertainment Complex signage shall be reviewed by the Planning Department for conformance with The Disneyland Resort Specific Plan Pointe*Anaheim Overlay requirements prior to issuance of sign permits. .0202 Content of the Final Site Plan Submittal. Final Site Plans shall contain the information set forth in the Anaheim Resort Specific Plan Final Site Plan Review Application as adopted by Resolution of the City of Anaheim Planning Commission and on file with the Planning Department. .0203 Phased Submittals. Final Site Plans may be submitted for phases or portions of phases as shown and described in Exhibit 3.4a, "Phasing Plan," of the Specific Plan document." SECTION 3 That the introductory paragraph of Section 18.78.050 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "18.78.050 LAND USE AND SITE DEVELOPMENT STANDARDS - GENERAL Set forth below are the standards for the development of The Disneyland Resort Specific Plan Districts excepting that Subsections 18.78.050.010 entitled "GENERAL" through 18.78.050.050 entitled "PROHIBITED USES" of this Chapter, shall not apply to projects in District A or developed under the C-R and Pointe*Anaheim Overlay requirements. Section 18.78.050.0705 entitled "LOT TIES" shall not apply to projects in District A or developed under the C-R Overlay requirements. The C-R Overlay standards for those uses are set forth in Section 18.78.100 entitled "C-R OVERLAY" of this Chapter. The District A standards for those uses are set forth in Section 18.78.095 entitled "DISTRICT A" of this Chapter. The Pointe*Anaheim Overlay standards for those uses are set forth in Section 18.78.105 entitled "POINTE*ANAHEIM OVERLAY" of this Chapter. The Districts and corresponding Development Areas herein are those identified on the Development Plan Map (Exhibit 3.3b entitled "Development Plan" of the Specific Plan document)." SECTION 4 That Section 18.78.105 be, and the same is hereby, added to Chapter 18.78 of Title 18 of the Anaheim Municipal Code to read as follows: 1118.78.105 POINTE*ANAHEIM OVERLAY .010 Purpose. The Pointe*Anaheim Overlay has been established to provide for the development of the Pointe*Anaheim Lifestyle Retail and Entertainment Complex pursuant to the uses set forth in subsection 18.78.105.020 entitled, "CONDITIONAL USES" of the Anaheim Municipal Code and subject to the density limitations set forth in subsection 18.78.105.030 entitled, "POINTE*ANAHEIM DENSITY" of the Anaheim Municipal Code, if the properties are not developed in accordance with The Disneyland Resort Specific Plan Parking District (East Parking Area) requirements or the District A or C-R Overlay requirements. .020 Conditional Use and Structures. .0201 The following buildings, structures and uses set forth in paragraphs .0202 and .0203 shall be permitted as part of the Pointe*Anaheim Lifestyle Retail and Entertainment Complex provided that: (a) Conditional Use Permit No. 4078 is approved pursuant to, and subject to, the conditions and required showings of Section 18.03.030 entitled, "CONDITIONAL USE PERMITS (C.U.P's) - GENERAL" of this Code; (b) The uses and structures are developed in one single continuous phase, as one comprehensive project; (c) All uses and structures set forth in subsection 18.48.070.030 entitled, "PERMITTED ACCESSORY USES AND STRUCTURES" and in subsection 18.48.070.040 entitled "PERMITTED TEMPORARY USES AND STRUCTURES" of the Anaheim Municipal Code shall be permitted in the Pointe*Anaheim Overlay; (d) With the exception of subsection 18.48.070.060.0619 entitled, "PROHIBITED SIGNS" all uses set forth in subsection 18.48.070.060 entitled, "PROHIBITED USES" of the Anaheim Municipal Code shall be prohibited in the Pointe*Anaheim Overlay; (e) All development is subject to the limitations described in Section 18.78.050 entitled, "LAND USE AND SITE DEVELOPMENT STANDARDS - GENERAL" of the Anaheim Municipal Code; and, (f) The Pointe*Anaheim Lifestyle Retail and Entertainment Complex shall be designed in accordance with the Conceptual Site Plans shown in Exhibits 5.8.3.f.1, 5.8.3.f.2, 5.8.3.f.3, -10- 5.8.3.f.4,and 5.8.3.f.5 of The Disneyland Resort Specific Plan document. .0202 Hotels, including suite -type hotels, as described in subsection 18.78.105.030 entitled, "POINTE*ANAHEIM DENSITY" of the Anaheim Municipal Code. .0203 All conditional uses and structures listed in subsection 18.48:070.040 entitled, "CONDITIONAL USES AND STRUCTURES" of the Anaheim Municipal Code which implements the list of uses described in subsection 18.78.105.030 entitled "POINTE*ANAHEIM DENSITY" of the Anaheim Municipal Code as further described below: (a) Specialty Retail/Entertainment Center with integrated management and a festive theme orientation and plaza/pedestrian-oriented amenities with the following types of uses: (1) Banking facilities. (2) Children's, men's, and women's apparel, shoes, jewelry and accessories. (3) Entertainment facilities (amusement arcades, skating rinks, outdoor recreational playground areas). (4) Shopping services. (5) Specialty merchandise, gifts and toys. (6) Transportation/travel services including an automobile rental agency office with no on-site vehicular storage). (7) Radio and television studio to enable live and/or taped broadcast facilities at the site. (8) Baby-sitting services. (9) Fast-food/food court -type and walk- up/specialty restaurants. (10) Enclosed and semi -enclosed full-service and theme -type restaurants/nightclubs with or without on-site sale and consumption of beer, wine, and alcoholic beverages and associated entertainment -11- ,1, uses (billiards, dancing, live and recorded performances). (11) Art galleries/museums. (b) Outdoor events/uses held within the confines of Pointe*Anaheim, out of view of the public right- of-way and not directed towards the public right- of-way including open-air festival events oriented towards tourists and guests for public gatherings, speeches, concerts, presentations, or shows; outdoor booths, kiosks and stands; and, outdoor special lighting effects. (c) Theaters, including dinner, legitimate or motion picture theaters, performance theaters or night clubs, and indoor amphitheaters (the square footage of the indoor amphitheater use would be deducted from the maximum theater square footage). (d) Parking/transportation facilities for automobiles, buses, shuttles, and taxis. .030 Pointe*Anaheim Density. The maximum density for the Pointe*Anaheim Overlay shall be as follows: 565,000 gross square feet of retail/dining/entertainment uses; two to three hotels comprising 1,050 hotel rooms/suites with approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses would encompass a maximum of 923,800 gross square feet) and an approximate 141,200 gross square foot area on the top floor of the parking structure to be used to provide parking and/or hotel amenities serving guests and patrons of the Pointe*Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24 -screen movie theater with 4,757 seats; and, a 1,600,000 gross square foot parking structure with 4,800 striped parking spaces and 25 bus parking spaces with provision to park an additional 400 vehicles which would bring the total number of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross square foot bus terminal/facility for airport transport and to/from sightseeing venues. The Pointe*Anaheim Overlay density is set forth in more detail in Exhibit 3.3.6b of The Disneyland Resort Specific Plan document entitled "Pointe*Anaheim Overlay Development Program." .040 Maximum Permitted Heights. The maximum permitted height of structures shall be as indicated on Exhibit 1 of the -12- Specific Plan .document entitled "Maximum Permitted Structural Height. .050 Interior Structural Setback and Yard Requirements from Adjacent Interior Lots. A ten -foot minimum setback adjacent to interior lot lines abutting the Anaheim Resort Specific Plan No. 92-1 Zone boundary is required for structures developed under the provisions of Section 18.78.105 entitled "Pointe*Anaheim OVERLAY" of this Chapter. .060 Setbacks from Abutting Public Rights -of -Way. The minimum setback requirements for structures developed under the provisions of this Section shall be as described for the base District the structure is located in with the following exceptions: .0601 Clementine Street (formerly Freedman Way). Twenty (20) feet minimum, if the structure is seventy-five feet or less in height or thirty (30) feet minimum, if the structure is greater than seventy-five (75) feet in height with landscaping consistent with Design Plan Cross Section number 27. .0602 Disney Way (formerly Freedman Way). Twenty (20) feet minimum, if the structure is seventy-five feet or less in height or thirty (30) feet minimum, if the structure is greater than seventy-five (75) feet in height with landscaping consistent with Design Plan Cross Section number 17b. .0603 Katella Avenue. Eleven (11) feet minimum, with landscaping consistent with Design Plan Cross Section numbers 3a and 3b. .0604 Harbor Boulevard. Twenty-six (26) feet, minimum, with landscaping consistent with Design Plan Cross Section number 17a." SECTION 5 That Section 18.78.106 be, and the same is hereby, added to Chapter 18.78 of Title 18 of the Anaheim Municipal Code to read as follows: "18.78.106 Central Core Provisions for the Pointe*Anaheim Overlay -13- .010 Purpose. The purpose of the Central Core is to create a consistent, high quality pedestrian environment that reinforces the character established by the landscape and other streetscape elements identified in the Anaheim Resort Identity Program. The Central Core boundaries encompass lots or parcels with frontage on Harbor Boulevard and Katella Avenue. Subsections .020 and .040 below apply to the minimum required setback areas adjacent to the ultimate public right-of-way. Subsection .030 below applies to the area between the ultimate public right-of-way and the actual (constructed) building setback. .020 Setbacks Adjacent to Harbor Boulevard. The required landscape setback area adjacent to the Harbor Boulevard ultimate public right-of-way may be paved provided: .0201 The paved area will serve pedestrian -related activities (restaurant outdoor dining, and limited pedestrian walkways from the public right-of-way to the Pointe*Anaheim Complex as approved by the Planning Director and the City Engineer); .0202 Landscape shall be designed and installed in conformance with the tree density requirements identified in the Design Plan and depicted in Exhibit 5.6.6.3a entitled, "Tree Density Factor Plan;" and, .0203 A minimum of fifty percent (500) of the required setback area immediately adjacent to the restaurant outdoor dining area, excluding driveways perpendicular to the street, shall contain live landscape materials. .030 Location of Parking Areas. No parking areas shall be located between the ultimate public right-of-way and the actual (constructed) building setback provided, however, that vehicular drop-off areas may be located adjacent to the front of a building, but not in the required minimum setback area. .040 Lighting. Fluorescent, low pressure sodium, high pressure sodium, and mercury vapor are prohibited in the front setback areas." SECTION 6 That subsection .010 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0104) to read as follows: -14- ".010 Minimum Parking Requirements. .0101 Parking Requirements for Theme Parks and Associated Uses (a) Theme park parking shall be provided at the rate of one (1.0) space for each one thousand (1,000) persons of estimated annual attendance with a minimum of twenty-four thousand five hundred (24,500) parking spaces provided for both employees and guests for the theme parks and associated uses at build -out. (b) For retail entertainment center uses, parking shall be provided at the rate of one (1.0) space for each one thousand (1,000) persons estimated. non -theme park incremental annual attendance. (c) Required parking spaces may be provided either within the Parking District or other Districts contained within this Zone. .0102 Parking Requirements for Hotels and Associated Uses in the Theme Park and Hotel Districts. The following number of parking spaces shall be provided: Four-fifths (0.8) of a space for each guest room. One-tenth (0.1) of a space per seat of eating/drinking capacity plus six and seven -tenths (6.7) spaces for each one thousand (1,000) square feet of banquet/meeting room areas, plus the following employee spaces: one-quarter space (.25) for each employee working in guest room areas; two (2.0) spaces per one hundred (100) seats of eating/drinking capacity; one (1.0) space per each one thousand (1,000) gross square feet of retail space. .0103 Minimum Parking Requirements for Administrative Office Facilities. Administrative Office Facilities within the Theme Park District contained within a building of more than fifty thousand (50,000) gross square feet shall provide parking spaces within the Theme Park District adjacent to such administrative facilities. The required parking may be located within a parking facility or in surface parking lots and shall be provided at the following rates: (a) Buildings three (3) stories or less: Four (4.0) spaces for each one thousand (1,000) gross square feet. -15- (b) Buildings greater than three (3) stories: Three (3.0)spaces for each one thousand (1,000) gross square feet. .0104 District A and C-R Parking Requirements. The min of off-street parking spaces f A or under the provisions of t Overlays shall comply with the entitled "VEHICLE PARKING AND Anaheim Municipal Code." SECTION 7 and Pointe*Anaheim Overlay imum number, type and design or uses developed in District he C-R or Pointe*Anaheim requirements of Section 18.06 LOADING REQUIREMENTS" of the That subsection .120 of Section 18.78.110 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the'same is hereby, amended to read as follows: ".120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District, (except for parking for theme park and retail entertainment center uses), District A and the C-R and Pointe*Anaheim Overlays only shall comply with the requirements of Section 18.06.040 entitled "PARKING SPACE AND ACCESS DESIGN" of the Anaheim Municipal Code, and Engineering Standard Detail No. 602-E entitled "Minimum Off -Street Parking Dimensions," and Engineering Standard Detail No. 604 entitled "Parking Dimensions for Structures," except as follows: .1201 Maximum Curb Openings per Street Frontage. A maximum of twenty-five percent (25o) of any street frontage may be used for curb openings; except when the street frontage is less than one hundred (100) feet but not less than twenty-five (25) feet, in which case there shall be a maximum of one (1) twenty-five (25) foot wide curb opening. The maximum number of curb openings per street frontage shall not exceed the following standards: (a) Parcel frontage three hundred (300) feet or less: One (1). (b) Parcel frontage three hundred one (301) to six hundred (600) feet: Two (2). (c) Parcel frontage greater than six hundred(600) feet: Four (4). (d) One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels subject to the approval of the City Traffic and Transportation Manager. -16- I I- _ ,,.. ... _._ _ (e) Access required and limited to emergency vehicles or access to utility easements shall not be considered as curb openings as provided in this section. .1202 Driveway Separation and Spacing. There shall be a minimum distance of thirty-six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty-five (25) feet wide in accordance with the Design Plan, with wider widths subject to the approval of the City Traffic and Transportation Manager. .1204 Curb Return. The curb cut shall have a minimum fifteen (15) foot radius curb return and sight distance clearance in accordance with the Engineering Standard Detail No. 137 entitled "Commercial Drive Approach. .1205 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right-of-way line to the nearest point of the on-site parking area or on-site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry drive, in accordance with Engineering Standard Detail No. 607 entitled "Driveway Location Planning." SECTION 8 That subsection .020 of subsection of Section 18.78.130 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0201) to read as follows: ".020 Signs—General. 0201 Application. (a) Sign standards and regulations contained within this section shall apply to all Districts and the C-R Overlay within the Specific Plan area, except that for theme park or retail entertainment center uses -17- developed in the Theme Park and Hotel Districts, the sign standards contained in this section and other sign regulations contained within the Anaheim Municipal Code shall only apply to signs within the required setback adjacent to perimeter streets, excluding West Street/Disneyland Drive. In the Theme Park and Hotel Districts, wall signs for theme parks and retail entertainment center uses adjacent to the required setback along perimeter streets, excluding West Street/Disneyland Drive, shall be internally oriented. (b) Sign standards and regulations contained within this section shall apply to development in the Pointe*Anaheim Overlay with the exception that signs in the interior areas of the Pointe*Anaheim Lifestyle Retail and Entertainment Complex shall be exempt from the requirements set forth in this section. Signs, objects or structures located in the Pointe*Anaheim Overlay are considered to be "interior" for the purposes of Sections 18.78.020.0201 and 18.78.105.100 if they are: (1) Not visible to pedestrian or vehicular traffic from the public right-of-way at an equal elevation as the Pointe*Anaheim property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the Pointe*Anaheim project; or, (2) At least 160 feet from the adjacent public right- of-way or correspond with the setback of the last building ordering the view corridor, whichever is further as shown on Exhibit 5.8.3.f.5 entitled "Pointe*Anaheim Interior Signage and Icon/Themed Signage Element," and only visible to pedestrian and/or vehicular traffic through limited view corridors at the entrances to the Pointe*Anaheim Lifestyle Retail Entertainment Complex (as shown on Exhibit 5.8.3.f.5). The final dimensions of the view corridor will be shown on the Final Site Plan. In addition, the view corridors to be shown on the Final Site Plan shall not exceed the corridor widths shown on Exhibit 5.8.3.f.5. .0202 Administrative Provisions — Sign Regulations. The location, size, type, construction and all other matters relating to signs in the Specific Plan area, with the exception of theme parks and retail entertainment centers in the Theme Park and Hotel District, which shall be exempt from the provisions of this section and other regulations contained within the Anaheim City Code governing signs, shall be regulated and controlled exclusively by the provisions of this chapter except to the extent reference is expressly made in this chapter to any other provision of the Anaheim Municipal Code. In the event of any conflict between the provisions of this chapter and any other provisions of the Anaheim Municipal Code so referenced herein, the provisions of this chapter shall govern and prevail. All signs and all applications shall therefore be exclusively administered by the Planning Director except those signs which may be sought in conjunction with a conditional use permit or a zone variance. .0203 Coordinated Sign Program. All signs on a property shall be designed as part of a coordinated architectural, informational, regulatory and directional sign system with a consistent design detailing, typeface and color system. All multi -tenant signs shall either use one consistent typeface for all tenants or use one color for all sign copy. The capital letter height of all tenant identification copy shall be the same on.a single sign face. Multi -tenant wall signs shall either be all wall signs or all canopy signs except for as provided elsewhere in this chapter for hotel/motel accessory uses. .0204 Resolution of Inconsistent Provisions. Notwithstanding any other provision of this Code to the contrary, all provisions governing signs or advertising structures of any type in this Zone shall be contained within this chapter; provided, however, the provisions of Section 18.05.070 entitled "TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS — GENERAL," and Chapters 4.04 entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES — GENERAL," 4.08 entitled "OUTDOOR ADVERTISING SIGNS AND STRUCTURES—NEAR FREEWAYS" and 4.09 entitled "ADVERTISING OF MOTEL AND HOTEL RENTAL RATES" of this Code shall apply to signs and advertising structures in this zone to the extent such provisions are not inconsistent with this chapter. .0205 Variances From Sign Requirements. No person shall install or maintain any sign in the Specific Plan area except as permitted herein; provided, however, that any requirements or restrictions may be waived in whole or in part upon such conditions as may be imposed by the Zoning Administrator, Planning Commission or the City Council by a zone variance processed and approved in accordance with all procedures, requirements and restrictions established for variances pursuant to Chapter 18.03 entitled "ZONING -19- PROCEDURES — AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" of the Anaheim Municipal Code. .0206 Signs Approved in Conjunction with Conditional Use Permits. Approval of any conditional use permit shall be deemed to constitute approval of any on-site signs which are otherwise permitted in the Specific Plan area unless, as part of the action approving the conditional use permit, more restrictive sign requirements are imposed. .0207 Legal Nonconforming Signs — General. Any sign or other advertising structure of whatever type or nature, other than an illegal sign, which violates or otherwise does not comply with the applicable requirements of this chapter shall be subject to compliance with the regulations prescribed herein in the time and manner hereinafter set forth. (a) Legal Nonconforming Signs—Continuation and Termination. Any legal nonconforming sign or sign structure in existence on the effective date of this chapter which violates or otherwise does not conform to the provisions hereof shall be removed, altered or replaced so as to conform to the requirements of this chapter (hereinafter the "abatement") either: (1) within twelve (12) years from and after the date said sign first becomes nonconforming to the provisions of this chapter, or (2) on or before December 31, 2005, whichever is later; provided, however, in no event shall such abatement be required unless and until the owner of said sign has received not less than one (1) year's advance written notice from the Planning Director of the City requiring the removal or alteration of sign. Notwithstanding the foregoing: [a] Any advertising display which was lawfully erected, but whose use has ceased, or the structure upon which the display exists has been abandoned by its owner, for a period of not less than ninety (90) days, shall be removed, altered or replaced so as to conform to the provisions of this chapter within -20- six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. Costs incurred by the City in removing an abandoned display shall be borne by or charged to the legal owner of the real property upon which said sign is located. [b] Any advertising display structure which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and said structure cannot be repaired within thirty (30) days of the date of its destruction shall be removed, altered or replaced so as to conform to the provisions of this chapter within six (6) months from the date of receipt of a written order of abatement from the Planning Director of the City requiring such abatement. [c] Any advertising display, whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement or remodeling of the advertising display exceeds fifty percent (500) of the cost of reconstruction of the building shall remove, alter or replace such sign so as to conform to the requirements of this chapter in conjunction with said project. [d] Any advertising display for which there has been an agreement between the advertising display owner and the City for its removal as of any given date shall remove such sign per said agreement. -21- r�. [e] Any temporary advertising display erected pursuant to a special events permit issued by the City shall be removed as specified under Section 18.05.070 entitled "TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS — GENERAL," of the Anaheim Municipal Code or within such other time as expressly authorized by the City. [f] Any advertising display which is an immediate danger to public health or safety shall be removed, altered or replaced so as to conform to the requirements of this chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. [g] Any advertising display which in the opinion of the City Traffic and Transportation Manager constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City shall be removed, altered or replaced so as to conform to the requirements of this chapter within thirty (30) days from the date of receipt of a written order of abatement from the Planning Director of the City requiring such removal or alteration. [h] Any other advertising display for which the City is exempt from the payment of compensation in conjunction with requiring its removal as specified in Chapter 2.5 of Division 3 of the Business and Professions Code of the State of California, or any successor provisions thereto shall be subject to removal as specified in said Code. [i] Illegal Signs. Illegal signs as defined in Section 18.78.130.010 "DEFINITIONS PERTAINING TO SIGNS" of this chapter shall be removed, altered or replaced so as to conform to the requirements of -22- this chapter within six (6) months following the effective date of this chapter. .0208 Regulation of Special Types of Signs — General. Notwithstanding any other provisions of this chapter, the following special types and classifications of signs shall be permitted subject to compliance with the limitations and conditions prescribed herein. .0209 Signs Required By Law. Nothing contained in this chapter shall prevent the erection, location or construction of any sign on private property where such erection, location or construction of said sign is required by any law; provided, however, no such sign erected, placed or maintained pursuant to this provision shall exceed four (4) square feet in area except to the extent a greater sign area is expressly required by law. .0210 Signs in the Public Rights -of -Way. Signs shall be prohibited in any public rights-of-way as provided in Section 4.04.130 entitled "PROHIBITION OF SIGNS IN THE PUBLIC RIGHT-OF-WAY" of this Code, except signs and gateways as described in the Design Plan or on the pedestrian overcrossing on West Street/Disneyland Drive. .0211 Political Campaign Signs. Notwithstanding any other provision of this chapter, political campaign signs shall be permitted on private property provided: (a) Sight Distance. Such signs shall comply with the minimum sight distance requirements set forth in Subsection 18.05.093.025 entitled "MINIMUM SIGHT DISTANCE REQUIREMENTS FOR FREESTANDING SIGNS" of this Code; (b) Code Compliance. Such signs shall comply with the provisions of Section 4.04.130 entitled "PROHIBITION OF SIGNS IN THE PUBLIC RIGHT-OF-WAY" of this Code; and, (c) Title 15 Compliance. Any structure to which a political sign is attached shall comply with all applicable provisions of Title 15 "Building and Housing" of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political campaign sign having a surface area of thirty-five (35) square feet or less and -23- which structure is removed within one hundred and twenty (120) days of its erection or placement, or within thirty (30) days after the election to which the sign relates, whichever occurs first." SECTION 9 That subsection .050 of Section 18.78.130 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0506) to read as follows: ".050 Future Establishment Signs. The future establishment of a business or other activity on a parcel or lot may be advertised by means of on-site signage, subject to compliance with the following provisions: .0501 Ownership of Property. The subject property upon which the sign is located must be owned in fee interest, or must be under lease for a minimum ten (10) year period (from the date of issuance of the sign permit), by, or for the purpose of, the future business or establishment referred to upon the copy of said sign. Proof of compliance with this subsection shall be submitted to the Building Division of the Planning Department prior to issuance of a permit. .0502 Maximum Area Per Sign Face: Sixty (60) square feet. .0503 Maximum Height: Four (4) feet with a two (2) foot berm, for a maximum total height of six (6) feet. .0504 Maximum Number Permitted: One (1) single -faced or double-faced freestanding sign per each street or highway frontage. .0505 Location. All future establishment signs shall be located in the middle thirty (30) percent of the street frontage except for corner lot locations where said sign shall be set back in compliance with the Design Plan. .0506 Time Limit. For development in conformance with the Theme Park, Hotel, Parking and Future Expansion Districts, five (5) years from date of construction or erection, and for development in conformance with District A or the C-R or Pointe*Anaheim Overlays, one (1) year from date of construction or erection unless prior to expiration, approved by the Planning Director for an additional period not to exceed one (1) year. -24- .0507 Names and Dates Required on Signs. The name of the sign owner, property owner or sign builder along with a phone number, as well as the date the sign is erected, shall be securely placed on each sign. .0508 Sign Permit Fees and Deposits. For each and every on- site future establishment sign, there shall be paid to the Building Division of the Planning Department, a sign permit fee and cash deposit to guarantee removal of each sign. The amount of said fees and deposits shall be as specified by City Council Resolution. Further, all such signs shall be subject to the following conditions: (a) Return of Deposit. If said sign is removed within thirty (30) days following the expiration date, the removal deposit shall be refunded to the depositor in full. (b) Failure to Remove. If said sign is not removed prior to or upon the permit expiration date, the City or its agents may enter upon subject property and remove the sign, the cost of the removal to be deducted from the removal deposit, and the remainder of the removal deposit, if any, to be returned to the depositor. The person, firm or entity whose name appears on the sign (collectively "person") shall be notified of the City's intent to remove the sign not less than fourteen (14) days prior to removal by the City. Following removal by the City, said person shall be notified of the removal and said sign shall be retained for a minimum of ten (10) days following the date of such notice after which said sign may be disposed of by the City. (c) Authority. Before a permit for such a sign is issued, the owners of record of the premises and the person proposing to erect the sign must furnish the Building Division written authority granting the City of Anaheim or any of its agents or employees irrevocable permission to enter upon the premises and irrevocably appointing the Chief Building Official as the agent of the owners with permission and authority to remove such sign pursuant to the provisions of the section." -25- SECTION 10 That subsection .060 of Section 18.78.130 of Chapter 18.78 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended (to amend paragraph .0602) to read as follows: 11.060 Business and Identification Signs. Business and identification signs shall comply with the Design plan, shall consist of permanent non -changeable copy except as provided for in Section 18.78.130.0602(a) entitled "CHANGEABLE COPY SIGNS" of this chapter, and shall comply with the following: .0601 Permitted Signs. The following sign types are allowed in this Zone subject to the requirements of this chapter. (a) Freestanding Monument Signs. Such signs shall be: (1) Monument signs except as provided elsewhere in this chapter; (2) Limited to the name of the development and/or a maximum of three (3) company names and/or company symbols only; and, (3) Such signs shall use the standard monument sign base and conform to the appropriate sign shape as specified in Exhibit 7.Oa entitled "General Sign Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign Standards Matrix" in Section 18.78.130.0604, entitled "SIGN STANDARDS MATRICES," of this chapter. (b) Informational, Regulatory and Directional (IRD) signs not visible from the Public Right -of -Way. Such signs shall: (1) Be located outside any required setback area; (2) Be designed to direct pedestrians and/or vehicular traffic while said traffic is on the parcel on which said signage is located; and, (3) Be designed as a coordinated architectural, informational, directional and regulatory sign system for said project, provided if a company symbol or logo is part of the sign copy, it shall occupy a maximum of twenty-five percent (250) of the sign area. -26- (c) Informational, Regulatory and Directional (IRD) Signs Visible from the Public Right -of -Way. Such signs shall: (1) Have a maximum sign area of eight (8) square feet; and, (2) Be designed as a coordinated architectural, informational, directional and regulatory sign system for said project, provided if a company symbol or logo is part of the sign copy, it shall occupy a maximum of twenty-five percent (250) of the sign area. (d) Wall Signs. (1) Such signs shall not encroach into any public right-of-way, and are subject to the provisions specified in Exhibit 7.Oa entitled "General Sign Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign Standards Matrix" in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this chapter. (2) Said signs shall have only one (1) display surface; and, (3) Said signs shall be placed parallel to and in front of any exterior wall of the building. (e) Canopy Signs. Canopy Signs as defined in Section 18.78.130.010 entitled "DEFINITIONS PERTAINING TO SIGNS" of this chapter are considered a wall sign and as such, all regulations pertaining to wall signs also pertain to canopy signs. Such signs shall be permitted on awning valances, provided awnings shall not be permitted to project over or into a public right-of-way and the awnings shall be an integral part of the building design. Canopy signs on awning valances are considered wall signs and are subject to the provisions of wall signs as provided in Exhibit 7.Oa entitled "General Sign Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign Standards Matrix" in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this chapter and to the following provisions: -27- r *. (1) Said signs must be oriented to the pedestrian; (2) Said signs shall not be internally illuminated; (3) Only fifteen percent (150) of the entire surface of the awning may be utilized for the sign; and (4) Said sign may include the company name and/or company symbol only. (f) Window Identification Signs subject to Exhibit 7.Oa entitled "General Sign Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign Standards Matrix" in Section 18.78.130.0604 entitled "SIGN STANDARD MATRICES" of this chapter. (g) Other signs as permitted elsewhere in this chapter. .0602 Conditionally Permitted Signs. The following signs shall be permitted subject to the approval of a conditional use permit pursuant to and in accordance with the applicable provisions of Chapter 18.03 entitled "ZONING PROCEDURES — AMENDMENTS, CONDITIONAL USE PERMITS AND VARIANCES" of this Code; this section is not intended to conditionally allow signs prohibited by this chapter or to change the standards contained herein, but is intended to provide a mechanism to address special circumstances. (a) Changeable copy signs (including electronic message boards) for a theater, entertainment facility, amusement park, or for hotel/motel complexes provided the site on which the use is located is a minimum of six (6) acres in area. In addition, the following provisions shall apply to such signs: (1) In addition to the permitted business identification wall signs, changeable copy signs shall be wall signs provided the top of such sign is below the cornice of the building or twenty-five (25) feet whichever is lower except: [a] A theater or entertainment facility may have a changeable copy sign which displays identification and program information, the name of the theater or auditorium and it may be a Marquee sign. (2) Such signs shall not be visible from residential zoned or residentially developed properties; (3) The design of such signs shall be integrated with the architecture of the building; (4) Animation and bare bulbs are allowed as they pertain to bulb matrix technology (the technology used for reader board changeable message signs); and, (b) Signs neither otherwise expressly permitted nor otherwise expressly prohibited in this Zone. (c) Signs for any use, building or structure requiring a conditional use permit. (d) Projecting signs as defined in Section 18.78:130.010 entitled "PROJECTING SIGN" in this chapter. (e) In the Pointe*Anaheim Overlay, up to two icon/themed signage elements (defined as "a structure, sculpture, or having the nature of, an icon, which is a nationally -recognized image or object, including, but not limited to, trademarked objects, logos, or other images and figures associated with nationally -recognized corporate identities") shall be permitted subject to the approval of a conditional use permit provided that the signage shall be associated with a use approved for the Pointe*Anaheim Lifestyle Retail and Entertainment Complex pursuant to Section 18.78.105 (Pointe*Anaheim Overlay); the location shall be in compliance with Exhibit 5.8.3.f.5 and further provided that the size, location, height (not to exceed 30 feet in height), and design of the signage shall be determined by the conditional use permit. -29- .0603 Prohibited Signs. The following types of signs shall be prohibited in this Zone: (a) A -frame or "sandwich board" signs. (b) Animated signs. (c) Attachments or "riders" to signs. (d) Beacon lights or beacon signs, when the intent of such signs is advertising and not entertainment, which shall not have adverse glare on adjoining properties. (e) Billboards. (f) Business information sign. (g) Can -type signs which incorporate translucent copy and translucent background, provided, however, that can -type signs with opaque background, allowing only the copy to be illuminated, shall be permitted. (h) Changeable copy signs (including electronic message boards), as defined (except as permitted under a conditional use permit) for theaters, entertainment facilities, amusement parks or for hotel/motel complexes provided the site on which the use is located is a minimum of six (6) acres in area. (i) Emitting signs. (j) Exposed neon signs. (k) Flashing or traveling light signs. (1) Fluorescent colors on signs except for colors on company symbols. (m) Landscape signs. An arrangement of any plant type (flowers, shrubs, etc.), which spells out words or resembles a symbol or a figure shall not be permitted. (n) Magnetic signs. -30- (o) Off -premises or off-site directional signs. (p) On-site directional guidance and on-site directory signs which are not part of a coordinated architectural, informational, directional and regulatory sign system. (q) Paper, cloth and plastic streamer signs, and flags, banners and fixed balloons except as otherwise permitted pursuant to Section 18.05.070 entitled "TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS — GENERAL," of the Anaheim Municipal Code. (r) Painted signs on exterior walls. (s) Pennants except as otherwise permitted pursuant to Section 18.05.070 entitled "TEMPORARY SIGNS, FLAGS, BANNERS AND BALLOONS—GENERAL," of the Anaheim Municipal Code. (t) Permanent "come-on" signs (e.g. "Sale Today," "Stop," "Look," "Going out of Business," etc.). (u) Pole signs. (v) Portable signs. (w) Product advertising signs (e.g., soft drinks, cigarettes, etc.). (x) Roof signs. (y) Rotating or revolving signs. (z) Signs attached to trees or landscaping. (aa) Signs projecting over or into the public right-of- way except as otherwise expressly permitted herein. (bb) Statues utilized for advertising purposes. (cc) Temporary signs except as otherwise expressly permitted herein. -31- (dd) Replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic. (ee) Vehicle entrance or exit signs which incorporate business name(s) or other advertising not in compliance with Section 18.78.130.061(c) entitled "INFORMATION, REGULATORY AND DIRECTIONAL (IRD) SIGNS VISIBLE FROM THE PUBLIC RIGHT-OF-WAY" of this chapter. (ff) Vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storage of advertising vehicles on public or private property. (gg) Wall signs located below the third (3rd) floor level of a building and which signs are located on a property adjacent to and visible from residential properties. (hh) Window signs, including neon signs and signs painted on display windows with day-glo, or temporary paint (other than permitted window identification signs as defined in Section 18.78.130.0601(f) entitled "WINDOW IDENTIFICATION SIGN" of this chapter.) .0604 Sign Standard Matrices. In addition to all other requirements contained in this chapter, permitted signs shall comply with the provisions of Exhibit 7.Oa entitled "General Sign Standards Matrix" and Exhibit 7.Ob entitled "Hotel/Motel Sign Standards Matrix" as hereinafter set forth in this chapter and the provisions of which are incorporated herein by this reference." THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim t .s 1 day f July, 1999. MAYOR OF THE CITY OF A HEIM ATTES CITY CLERK OF THE CITY OF ANAHEIM =-rZ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5689 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 22nd day of June, 1999, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 13th day of July, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly None None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5689 on the 13th day of July, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of July, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5689 and was published once in the North County News on the 22nd day of June, 1999. CITY CLERK OF THE CITY OF ANAHEIM ATTACHMENT NO. 1 LEGAL DESCRIPTION Pyrovest Parcels: PARCEL 1: THE EAST 660.00 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 07' 52" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. PARCEL 2: BEGINNING AT A POINT SOUTH 00 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING ON THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 00 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 890 54' 30" EAST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 00 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 890 54' 38" EAST 38.66 FEET; THENCE NORTH 00 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 890 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 1 FEET; THENCE WESTERLY AND A CENTRAL ANGLE OF 900 07' TRUE POINT OF BEGINNING OF Melodyland Parcels: PARCEL A SOUTHERLY ALONG SAID CURVE THROUGH 52" A LENGTH OF 23.60 FEET TO THE THIS DESCRIPTION. THE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE WEST 720.00 FEET. ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUCE POINT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. 2 ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Hasenyager Parcel: LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcel: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97- 0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Rist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF 3 LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parcel 2 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FEET WIDE. ALSO EXCEPT THEREFROM THE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE WEST 292 FEET. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON 0 A PARCEL MAP FILED IN BOOK 55, PAGE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 16' 30", EAST 675.11 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 00 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTHERLY LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT CERTAIN FINAL ORDER OF CONDEMNATION DATED JANUARY 30, 1998, CASE NO. 782833 OF M, THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT NO. 19980071981 OF OFFICIAL RECORDS. DH/LEGAL.DOC 31367.1 5 ATTACHMENT NO.2 AMENDED AND NEW CONDITIONS OF APPROVAL A. AMENDED DISNEYLAND RESORT SPECIFIC PLAN CONDITIONS OF APPROVAL INTRODUCTION "The conditions of approval for development in the Theme Park, Hotel, Parking and Future Expansion Districts, District A and the C-R Overlay include all mitigation measures and project design features included as part of Modified Mitigation Monitoring Program No. 0067 (as modified on October 8, 1996)(as required by Section 21081.6 of the Public Resources Code). The conditions of approval for development in the Pointe*Anaheim Overlay include all mitigation measures including project design features included as part of Mitigation Monitoring Plan No. 004 (as required by Section 21081.6 of the Public Resources Code). For purposes of these conditions of approval, the following terms are used: a. Applicant: The Walt Disney Company, its successors and assigns. b. Property Owner/Developer: Any owner or developer of real property within The Disneyland Resort Specific Plan Area, including the C-R and Pointe*Anaheim Overlay Areas and District A. c. Disneyland Resort: The Disneyland Resort, including a second gated theme park, modifications to the Disneyland Hotel, a new Disneyland Administration Building, new hotels, entertainment areas, internal transportation systems, and public parking facilities in the Parking, Theme Park and Hotel Districts, and the South Parking Area in the Future Expansion District. None of the conditions of approval contained herein shall be required to be implemented prior to issuance of any permits for or construction of new structures, improvements, or other modifications within the existing Disneyland Theme Park. d. Second Theme Park: A gated theme park planned south of the existing Disneyland Theme Park. 27. That no development shall occur unless such development is substantially in accordance with The Disneyland Resort Specific Plan No. 92-1 document on file with the Planning Department and marked Exhibit A, Amendment No. 4. (It should be noted that the Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 text and exhibit changes relate to development which may occur under the Pointe*Anaheim Overlay only. These changes are set forth in Ordinance No. 5689. Except as specifically set forth in Ordinance No. 5689, all other Disneyland Resort Specific Plan No. 92-1 provisions, including those adopted in connection with Amendment No. 3 to The Disneyland Resort Specific Plan (Ordinance No. 5580) and Adjustment No. 1 to The Disneyland Resort Specific Plan (Ordinance No. 5613), remain unchanged.)". 34. That the location and configuration of all lighting fixtures including ground -mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas in the Hotel District, Parking District and development in the C-R and Pointe*Anaheim Overlay Areas and in District A, shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down -lighted with a maximum height of twelve (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. All lighting fixtures, types and locations shall be identified on the plans submitted for building permits. 50. That prior to Final Site Plan approval for parking structures in the Hotel District and in the Pointe*Anaheim Overlay, signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the City Traffic and Transportation Manager for review and approval. 63. That in conjunction with the construction of the East and West Public Parking Facilities, the Hotel parking structures, the South Parking Area Structure and the parking structure in the Pointe*Anaheim Overlay, no impact driven piles shall be allowed. 67a. That for all development in the Theme Park, Hotel, Parking and Future Expansion Districts, District A and the C-R Overlay, the applicant and/or property owner/developer, as specified in the individual mitigation measures, shall be held responsible for compliance with the mitigation measures and that the applicant shall be responsible for implementation of the project design features identified in Final EIR No. 311 and Addendum and for complying with the Modified Mitigation Monitoring Program No. 0067, in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the applicant and/or property owner/developer, as specified in the individual mitigation measures, and the applicant for project design features, shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Final EIR No. 311 and Addendum that have been incorporated into the Modified Mitigation Monitoring Program No. 0067 (modified on October 8, 1996). The Modified Mitigation Monitoring Program No. 0067, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. 67b. That for development in the Pointe*Anaheim Overlay, the property owner/developer shall be held responsible for compliance with the mitigation measures and for implementation of the project design features identified in Mitigation Monitoring Plan No. 004 in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the Pointe*Anaheim property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Mitigation Monitoring Plan No. 004. Mitigation Monitoring Plan No. 004, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. B. NEW CONDITIONS OF APPROVAL FOR THE POINTE*ANAHEIM OVERLAY 76. That the Final Site Plan submittal requirements required pursuant to Condition of Approval No. 29 shall be supplemented with the following plans/materials/information which shall be submitted as part of the Final Site Plan application (all plans shall be fully -dimensioned and drawn to scale): A. A site plan showing all proposed project components throughout the 29.1 -acre site including, but not limited to, all buildings, landscape areas, hardscape areas, fountains/water features, works of art, and the adjacent street improvements. B. Preliminary Mass Grading Plan for the entire 29.1 -acre Pointe*Anaheim Overlay area. C. Elevation plans showing all views of each proposed building. D. Floor plans for each building and each level of the parking garage (all parking spaces shall be dimensioned and the total number of spaces on each level shall be shown on the plan). E. Roof -top plans for each building showing all roof -top equipment (roof -top equipment is required to be fully -screened by the architecture of the building and painted in a color to match the color of the roof). The roof -top plan of the parking structure shall show City standard dimensioned parking spaces and/or the hotel amenities which shall serve guests and patrons of the Pointe*Anaheim hotels only. The size, design and type of any hotel amenity must be shown on the Final Site Plan. Building addresses shall also be shown on the roof plan (the location and dimensions of the address numbers shall be to the satisfaction of the Police Department). F. Landscaping plans showing all proposed planting materials and Landscape Plant/Tree Palette (10 copies) including color photographs to show the proposed trees, shrubs and groundcover. G. Above- and below -ground utility equipment shall be shown on each site plan and landscape plan. Plans must indicate how any above- ground equipment is fully screened by landscape from any public view. H. Colored renderings (one full-scale set and 10 reduced color copies) of the site improvements to show the building elevations from Harbor Boulevard, Katella Avenue, Clementine Street (future Freedman Way) and Freedman Way (future Disney Way) and views of the interior portions of the site. Material and color boards for each building which show that all building colors, textures, and materials shall be compatible between on-site uses. J. Material and color boards to show the proposed decorative paving materials for the interior courtyard areas of the site and pedestrian gathering areas. The plan shall show the location and dimensions of any proposed pedestrian walkways from the public sidewalk to the on-site uses. The design and location of the walkways shall not impact the placement of trees in the public right-of-way parkways. In addition, the walkways shall not preclude the planting of the number of trees required for the setback area by the The Disneyland Resort Specific Plan Design Plan. K. Letter from the property owner/developer indicating how the Final Site Plan is in compliance with The Disneyland Resort Specific Plan Pointe*Anaheim Overlay requirements and Conditional Use Permit No. 4078. L. That the lighting fixture plan shall include the style of the fixture which shall be compatible with the project theme. 77. That the property owner/developer shall submit a coordinated signage program for the entire Pointe*Anaheim development for Planning 4 Commission's review and approval as part of the Final Site Plan. The program shall, at a minimum, include the following: A. A sign theme/concept for the Pointe*Anaheim project which demonstrates an overall appearance, quality and type of sign, banner or other display device; the quality of such signage shall be equivalent to those utilized at Universal City Walk, Fashion Island or Irvine Spectrum. This is a quality standard and is not intended, nor does it provide, additional signage rights or permit any specific type of sign which does not conform with the signage regulations set forth in The Disneyland Resort Specific Plan, as amended per the Pointe*Anaheim Overlay. B. Sign criteria for interior corporate sponsorship displays (said displays could include jumbotrons, banners or placards) which are oriented towards the interior of the Pointe*Anaheim project. The report to the Planning Commission shall include a recommendation by the Planning Director regarding his determination as to the orientation of such displays. Such displays shall not be visible from the public right-of-way at an equal elevation as the Pointe*Anaheim property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the Pointe*Anaheim project) except through the limited view corridors set forth in the Pointe*Anaheim Overlay. C. Sign criteria limiting interior wall signs from projecting more than 50% of the vertical height of the sign above the roof parapet or 50% of the horizontal length of the sign beyond the side of a building. Such signs shall not be visible from the public right-of- way at an equal elevation as the Pointe*Anaheim property line (measured at five (5) feet above the grade of the sidewalk on the opposite side of the street from the Pointe*Anaheim project) except through the limited view corridors set forth in the Pointe*Anaheim Overlay. D. Sign Criteria consistent with the adopted sign regulations for the Pointe*Anaheim Overlay. E. Standards for maintenance and replacement of damaged/broken signs and banners and installation and maintenance of changeable sign copy, neon signage or electronic readerboards. F. Prohibited signs include billboards, off -premises or off-site directional signs, on-site directional guidance and on-site directory signs which are not part of a coordinated architectural, information, directional and regulatory sign system, paper signs, permanent "come-on" signs (e.g. "Sale Today", "Stop", "Look", "Going out of Business", etc.), roof signs, vehicle signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storage of advertising vehicles on public or private property), or replicas of official traffic control signs or signs so similar as to be confusing or hazardous to traffic attached to or within the parking structure within the project. 78. That a maximum of one "non -interior" wall sign consistent with the signage regulations in The Disneyland Resort Specific Plan No. 92-1 shall be permitted for each major commercial tenant over 10,000 square feet and that the location of these wall signs shall be identified on the building elevations submitted as part of the Final Site Plan application and shall be subject to the review and approval of the Planning Commission as part of the Final Site Plan. 79. That prior to issuance of each sign permit, the property owner/developer/tenant shall submit a letter and plans demonstrating that the sign plans conform with the coordinated signage program and major commercial tenant wall sign locations adopted in connection with the approval of the Final Site Plan. 80. That prior to the submittal of the Final Site Plan application, the site plan shall show that the Pointe*Anaheim and Super 8 driveways has been redesigned to combine the driveways or to meet the distance requirement set forth in The Disneyland Resort Specific Plan (minimum 40 -foot wide distance between driveways serving adjacent parcels). If redesigned to combine the driveways, proof of agreement with the with the adjacent property owner shall also be provided to the satisfaction of the City Attorney's Office. 81. That prior to the submittal of the Final Site Plan application, the property owner/developer shall submit a street improvement plan to the Public Works Director for the installation of the ultimate public right- of-way improvements on the north side of Katella Avenue from Clementine Street to the first Pointe*Anaheim project driveway west of Clementine Street to improve vehicular access to the project. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shall be completed prior to the issuance of the first final building and zoning inspection, issuance of a certificate of occupancy or commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever occurs first. 6 82a. That prior to the submittal of the Final Site Plan application, the property owner/developer shall submit a street improvement plan to the Public Works Director for the construction of a free right -turn lane on the south side of Freedman Way from the parking garage driveway exit to Clementine Street (13 -foot lane width) in order to improve outbound parking structure operations. The property owner/developer shall be responsible for all costs associated with the preparation and processing of the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shall be completed prior to the issuance of the first final building and zoning inspection, issuance of a certificate of occupancy or commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever occurs first. 82b. Prior to the submittal of the Final Site Plan application, the property owner/developer shall redesign the site plan adjacent to the Freedman Way improvements addressed in Condition No. 82a to maintain the minimum building setbacks adjacent to Freedman Way. 83. That prior to the submittal of the Final Site Plan application, plans shall show the detailed development plans for the entire 29.1 -acre site. 84. That prior to the issuance of the first building permit, the property owner/developer shall provide evidence of ownership or control (e.g., by long-term lease) of the entire 29.1 -acre site and that the parcels are combined as one property (e.g., by parcel map, lot line adjustment or lot ties). Said evidence shall be subject to the review and approval of the City Attorney's Office. 85. That prior to the issuance of the first building permit, the property owner/developer shall submit a detailed construction schedule which addresses each of the project components. An updated schedule shall be submitted to the Planning Department every six months until the project is completed. 86. The Pointe*Anaheim project will result in the reconstruction (including relocation and realignment) of street improvements (including, but not limited to, driveway approaches, streetscape, landscape and bus stop improvements) along Katella Avenue, Harbor Boulevard, Freedman Way and Clementine Street. The property owner/developer shall be responsible for all costs associated with the preparation and processing of plans for these street improvements and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. A. Prior to the approval of the Final Site Plan application, the property owner/developer shall submit a preliminary public right-of-way improvement plan that addresses the proposed improvements. This plan shall be consistent with the Anaheim Resort Identity Program, the Anaheim Resort Public Realm Landscape Program and the criteria and construction details that are shown on the approved Katella Avenue and Harbor Boulevard improvement plans. The preliminary plan shall be prepared to the satisfaction of the Public Works Director and be reviewed and approved by the Public Works Director prior to the approval of the Final Site Plan. B. Prior to the issuance of the first building permit, the final plan shall be prepared to the satisfaction of the Public Works Director and be reviewed and approved by the Public Works Director. C. Prior to the first final building and zoning inspection, issuance of a certificate of occupancy or commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever occurs first, the street improvements shown on the approved plan shall be completed to the satisfaction of the Public Works Director. 87. That the property owner/developer shall be responsible for all costs associated with the review of the Final Site Plan by an architect, licensed by the State of California and selected by the City, to review the Final Site Plan for conformance with The Disneyland Resort Specific Plan Design Guidelines. The property owner/developer shall pay all costs associated with this review prior to the Final Site Plan being scheduled for a Planning Commission meeting. 88. That prior to approval of the Final Site Plan, plans shall show that no less than 20% of the interior courtyards of the Pointe*Anaheim project shall be landscaped with a variety of shrubs, groundcover, mature trees and potted plants to create a lush garden environment for the pedestrian (this landscaping is in addition to the required landscaped setback areas). Seating areas and decorative features including, but not limited to, interactive and decorative water fountains and works of art, may also be included in this percentage. Adjacent to solid portions of building walls (i.e., where there are no store -front windows), small grouping of trees or shrubs, raised planters and site furnishings shall be located to minimize views of blank walls. 89. That prior to the approval of the Final Site Plan, a line -of -sight study shall be submitted for review and approval by the Planning Department which shows that the light poles on the roof -top areas of the parking structure shall not be visible from the adjacent public right- of -way, as measured from a 5 -foot high view point from adjacent off- site areas. 90. That no exterior -mounted air conditioning facilities shall be permitted in the Pointe*Anaheim Overlay. 91. That prior to the approval of the Final Site Plan, elevation plans shall show that all plumbing or other similar pipes and fixtures located on the exterior of a building or structure shall be fully screened by the architecture of the building; that all exterior appurtenances such as conduits, shall be minimized and integrated into the structure; and, that any rain gutters and downspouts and vents shall be finished to match the building materials and/or colors. 92. That prior to the approval of the Final Site Plan, plans shall show how all on-site service and loading area operations shall be fully -screened from the public right-of-way. 93. That prior to the approval of the Final Site Plan, plans shall show that major project entries shall be enhanced with a more densely planted shrub palette utilizing annual color, perennial color and accent trees. 94. That in the event that the building shown in the middle of the Harbor Boulevard view corridor on Exhibit 5.8.3.f.5 is destroyed or proposed to be removed for any reason, it shall be replaced with the construction of an equivalent structure (same size and dimensions shown on Exhibit 5.8.3.f.5 and Elevation Exhibit No. 7) in order to provide for the same limited views of the interior signage in this view corridor. Prior to the approval of a demolition permit for said building, a Final Site Plan showing the design of the replacement structure shall have been reviewed and approved by the Planning Commission and a building permit shall have been issued for the new building. Construction of the new building shall commence immediately following demolition of said building. Prior to the issuance of a building permit for said building, an unsubordinated covenant providing for the reconstruction, approved by the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Planning Division of the Planning Department. 95. That prior to advertising for any special event which will draw visitors to the Pointe*Anaheim project, the details of said event shall be submitted to and approved by the City Traffic and Transportation Manager. 9 96. That the approval of Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 is contingent upon the approval and adoption of General Plan Amendment No. 359. srpolntet.doc 10 MITIGATION MONITORING PLAN NO. 004 Project : Pointe*Anaheirn Project Actions: General Plan Amendment No. 359 Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 Conditional Use Permit No. 4078 Amendment to the Anaheim Resort Public Realm Landscape Program Development Agreement No. 99-01 Location: East of Harbor Boulevard, South of Freedman Way (future Disney Way), West of Clementine Street (future Freedman Way) and North of Katella Avenue within District A and Portion of Parking District (East Parking Area)/C-R Overlay of the Disneyland Resort Specific Plan This Mitigation Monitoring Plan includes those mitigation measures applicable to this project from Modified Mitigation Monitoring Program No. 0067 for the Disneyland Resort Specific Plan (EIR No. 311) and additional mitigation measures as identified in the Mitigated Negative Declaration approved in conjunction with the Pointe*Anaheim Project. Terms and Definitions: 1. Property Owner/Developer - Pointe*Anaheim, LLC 2. Project Design Features (PDF's) - Measures incorporated into the Pointe*Anaheim Project by the property owner/developer with the intent of minimizirng potential environmental impacts. The project design features included in this mitigation monitoring plan will be implemented as mitigation measures. 3. Environmental Equivalent/Timing - Any Project Design Feature or 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 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. Stall time for reviews will be charged on a time and materials basis at the rate in the Citys adopted Fee Schedule. 4. Timing - This is the point where a mitigation measure/project design feature 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/project design feature 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 measurelproject design feature 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. 5. 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. 6. 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 mitigation measurelproject design feature has been demonstrated for a period of one year, monitoring of the mitigation measuretproject design feature will be deemed to be satisfied and no further monitoring will occur. For mitigation measurestproject design features that are to be monitored "Ongoing During Construction", the annual letter will review those mitigation measures/project design features 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. 7. 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. PAMMCC.DOC 6/18/99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 2 g .......:.:......... :...:.:::..:...:::::.: ::.::...:::.:.:::.:...:::..;.:.:.;::..::: Meaisure.::.......... :::::::....................:.................... Res onsrble'for :......... ........................................:.....:...:.::..::.:.:.. _...... Monitorin LAND USE -RELATED PLANS AND POLICIES Prior to approval of the Final Site Plans (including, but not limited to, a site plan, elevations, landscape plans and signage plans) Planning Department, Plan shall be submitted by the property owner/developer and will be reviewed for consistency with Planning Division The Disneyland Resort Specific Plan. Prior to approval of the Final Site The property owner/developer will not seek to change the entitlements for the 1,050 hotel Planning Department, Plan; and, on-going during Project rooms into any other use. These hotels rooms will be developed as an integral part of the Planning Division; constriction and operations Project, which will be developed in a continuous single phase. The design of the Project will incorporate the hotels as integral components of the site plan, and the Project's construction will be consistent with said plan. It is noted, however, that as a general rule, hotels can take longer to design, construct, fumish, equip and train operating personnel than other uses proposed in the Project. Notwithstanding, the property owner/developer anticipates and will use all reasonable commercial efforts to open a majority (526 or more) of the hotel rooms concurrently with the grand opening date for the retail, dining and entertainment components of the Project. Prior to the first final building and The property owner/developer shall have been issued building permits and construction shall Planning Department, zoning inspection, certificate of have commenced on the remaining hotel rooms. Planning Division; occupancy, or commencement of any activities/uses authorized by Conditional Use Permit No. 4078, and, As soon as practical following the The property owner/developer will open the balance of the hotel rooms. Planning Department, grand opening date for the rest of Planning Division; the Project, but in no event any later than 18 months after commencement of any activities/uses authorized by Conditional Use Permit No. 4078 LAND USE COMPATIBILITY Prior to approval of the Final Site The property owner/developer shall submit plans detailing the setbacks for the parking Planning Department, Plan structures and landscaping plans which minimize compatibility impacts of the parking facilities Planning Division on surrounding areas, consistent with Section 5.8 of The Disneyland Resort Specific Plan. Prior to issuance of the first building A pre -project study of radio transmission from the AM 1500 Highway Advisory Radio Planning Department, permit Transmission Tower located on the Fire Station No. 3 site shall be conducted by the property Planning Division owner/developer to detemline baseline conditions. Six months after topping out or any earlier time as determined necessary by the City of Anaheim, a follow-up study of radio tower transmissions shall be undertaken immediately by the property owner/developer. If the City of pumcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 3 :....._:..:.:..........._ ...............9 ....._..............,.__....................._._..........,....................................................................:._,........:....::..:::::::.:::.:...::.::.::.::::...:.:::::.:......:,::..:...:.:.:.... .:..:..;:::::.:.;::;.;...::.:,:::..;:::;:;,,.; :: ::::::.:::;< : <>::::;>s._: ::.::; ::...::::..:..:..::.:..:..::. assure . . ;;::.:;.:::.: :::.::::: :...:. :..::.....::::::..:.....:.:...:.:.:............................:........................M.........:..:.:::::::.::::.::::::.:.::;.:.::.:::.:.:.:..:....: __.......... _ Res onsible for Anaheim determines that the proposed project creates a significant impact on radio transmission, a signal booster relay system, tower relocation, or other solution as approved by the City of Anaheim shall be implemented by the property owner/developer as soon as practicable. TRANSPORTATION AND CIRCULATION Prior to issuance of each building Appropriate traffic signal assessment fees shall be paid by the property owner/developer to the Planning Department, permit City of Anaheim in amounts determined by the City Council Resolution in effect at the time of Building Division; Public issuance of the building permit or credit given for City -authorized improvements. Works Department, Traffic and Transportation Division Prior to approval of the first final The property owner/developer shall irrevocably offer for dedication (with subordination of Planning Department, subdivision map or issuance of the easements), including necessary construction easements, the ultimate rights-of-way (as Planning Division; Public first building permit, whichever indicated in the General Plan Circulation Element) for the following arterial highway/street half- Works Department, occurs first sections on or adjacent to parcels under its ownership to the City of Anaheim: Development Services Division a. Katella Avenue (to ultimate 8 -lane facility) b. Harbor Boulevard c. Disney Way (currently Freedman Way) d. Freedman Way (currently Clementine Street) Within 120 days of acquiring If, after the initial dedications, any additional parcels are acquired by the property Planning Department, properties adjacent to arterial owner/developer adjacent to the arterial highway/street intersection half -sections included in Planning Division; Public highways/street intersection half MM 3.3-3A of Modified Mitigation Monitoring Program No. 0067, the applicant shall notify the Works Department, sections City in writing of said acquisition and the ultimate rights-of-way for said properties shall be Development Services irrevocably offered for dedication to the City of Anaheim. Division Prior to approval of the first grading A phasing plan shall be submitted for review and approval to the City Engineer demonstrating Public Works Department, plan how the following improvements, as approved by the City Engineer, will be constructed by the Traffic and Transportation property owner/developer: Division - Freedman Way/Pointe*Anaheim driveway intersection and signal; - Freedman Way between Disney Way and Katella Avenue (including the median); and -Dual westbound and northbound left turn lanes at the intersection of Disney Way and Freedman Way Prior to issuance of each building Appropriate traffic impact and improvement fees shall be paid by the property owner/developer Planning Department, permit to the City of Anaheim in amounts determined by the City Council Resolution in effect at the Building Division; Public time of issuance of the building permit with credit given for City -authorized improvements Works Department, Traffic provided by the property oWner/developer, and, participate in all applicable reimbursement or and Transportation benefit districts which have been established. I Division panuncc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 4 e for 10 . ; To be shown on street improvement Access roads leading up to the parking facilities shall be sized to accommodate traffic at peak Public Works Department, plans; to be implemented prior to hours, thereby substantially reducing the likelihood of backups onto City streets and freeway Design Division final building and zoning inspection ramps. for the parkin2 structure. Prior to issuance of the first building The property owner/developer shall fully fund the implementation of the SCOOT System at the Public Works Department, permit Haster Street/Katella Avenue intersection and along the Harbor Boulevard, Katella Avenue, Traffic and Transportation Disney Way, and Freedman Way corridors in the Anaheim Resort area. The specific Division improvements to be implemented are identified in Table 4.3-8. Property owner/developer shall also fund the installation of SCOOT loop detectors at all 16 locations as well as the installation of new traffic signal controllers and cabinets at the eight locations identified in Table 4.3-8, which will also include signal preemption for fire response vehicles. Implementation will be to the satisfaction of the City Engineer. Pavement repair, if needed to provide additional conduit, will be provided by the property owner/developer to the satisfaction of the City Engineer. psmmcc.doc 6-18-99 Intersection TABLE 4.3-8 LOCATIONS FOR IMPLEMENTATION OF SCOOT SIGNAL SYSTEM UPGRADE MITIGATION MEASURE Install SCOOT Install 2070 Traffic Loop Detectors Signal Controller Ball & Harbor X Harbor & 1-5 NB Ramps X Harbor & 1-5 SB Ramps X Harbor & Manchester X Harbor & Esplanade X Harbor & Disney Way X Harbor & Katella X Katella & Freedman X Katella & Haster X X Katella & 1-5 SB Ramps X X Katella & 1-5 NB Ramps X X Katella & Lewis X X Freedman & Disney Way X X Disney Way & 1-5 SB Ramps X X Disney Way & Haster. X X Freedman & Pointe Anaheim Access X X Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheirn Page 5 .:::....:::..;;>.;:.::.::;:..:...... ...... . .. . ... ...... . ..... . ............. ...... .. .............. ib e -for ............... Prior to the first final building and The Property owner/developer shall provide proof of participation in the Anaheim Public Works Department, zoning inspection; and, Transportation Network (ATN) Traffic and Transportation Division On-going during Project operations Every owner and/or lessee shall be a voting member of the Anaheim Transportation Network (ATN), subject to the terms and provisions of the by-laws and association rules of the ATN. Every owner and/or lessee shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. Every owner and/or lessee shall financially participate in the operation of a clean fuel shuttle system, if established. Every owner and/or lessee shall designate an on-site contact who will be responsible for coordinating with the ATN and implementing all trip mitigation measures. Prior to approval of the Final Site A Parking Structure Layout and Signing Plan demonstrating a layout of required parking spaces Public Works Department, Plan and signage shall be provided to the Public Works Department, Traffic and Transportation Traffic and Transportation Manager, for review and approval. Division Prior to final building and zoning The property owner/developer will implement and administer a comprehensive Transportation Public Works Department, inspection; and, on-going during Demand Management (TDM) program for all employees. Objectives of the TDM program shall Traffic and Transportation Project operations be to increase ridesharing and use of alternative transportation modes by guests and provide a Division menu of commute alternatives for employees to reduce project -generated trips. A menu of TDM program strategies and elements for future employee commute options include, but are not limited to, the following: • Onsite Service. Onsite services, such as food, retail, and other services be provided. • Ridesharing. A computer listing of all employee members be developed for the purpose of providing a "matching' of employees with other employees who live in the same geographic areas and who could rideshare. e Vanpooling. A computer 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. • Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes be promoted through financial assistance and onsite sales to encourage employees to use the various transit and bus services from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for employees who choose to use this service. Financial incentives be provided. pan==.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 6 T�nn.in :.:.:..;.;::;;.;:.;.::;..:;:.;;::;>: :. .:...............................................................................:.................. .. .: _Res onsrble .for onUb rig • Shuttle Service. A computer listing of all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. • Bicycling. A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program. Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program be developed to provide employees who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help employees use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Guaranteed Ride Home Program. 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. • Target Reduction of Longest Commute Trip. An incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Stagger shifts. • Develop a "compressed work week' program, which provides for fewer work days but longer daily shifts as an option for employees. • Explore the possibility of a "telecommuting' program that would link some employees via electronic means (e.g., computer with modem). • 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. • Access. Preferential access to high occupancy vehicles and shuttles may be provided. • Financial Incentive for Ridesharing and/or Public Transit. (Currently, Federal law provides tax-free status for up to $60 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools). • Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. • Special "Premium" for the Participation and Promotion of Trip Reduction. Ticket/passes to special events, vacations, etc. be offered to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. • Actively recruit prospective employees residing within a 30 -minute commute shed. • Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. panu,w.aoc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 7 :::..>:>:>::: .:...::::.:.:: - T to .. ::::..:..:.:...:...:.:.:::..:::...m......:::::::::..:::.::..::::.::..::....,.::.......:,:...::::.:,...:...:.:...............__.............................................................................. ..........::.,.......,.....................9......................... :::..:..>..; ::.;:.:;::.;;:.:.: .:..:..:....: :<:::; :.:.>::::>:>:.»>»:<>:::.::<>:::<>::::::::; :>:.;:::; <::::::>::>::>:;:.;:.:::>;:>:::>::>::>:<:::::> Measu[re........::>:;:>:::;:> ::.:>,::>::<::::;<<::....:..... ..........::...: , ::.;. Res ons'ble for _ p_ ::;.::: .:...........:.:::.::::::.:.:....::...:.... _......... . _ . Prior to the first final building and The property owner/developer will provide a Parking Maintenance and Operation Plan to the Public Works Department, zoning inspection; and Public Works Department, Traffic and Transportation Manager, for review and approval; and, Traffic and Transportation implementation on-going during said Plan shall be implemented on an on-going basis during Project operation. Division Project operations TRANSPORTATION AND CIRCULATION Parkin Prior to approval of the Final Site The Pointe Anaheim parking structure will be designed to provide striped parking spaces for Public Works Department, Plan; and 4,800 cars and 25 bus spaces, with the ability to accommodate 400 more vehicles. The size of Traffic and Transportation the parking garage will increase to approximately 1,600,000 square feet, and will add up to two Division levels to the garage structure. The height of the structure will be within the established height limitations set forth in The Disneyland Resort Specific Plan. Prior to the first building and zoning Further, the property owner/developer will submit a plan to the City's Traffic and Transportation inspection Manager for review and approval demonstrating how the property owner/developer will either provide or cause to be provided on the days and at the times needed to accommodate guest demand, tandem employee parking, valet parking (for hotel, retail, dining and entertainment uses), or other means to increase the number of City standard dimensioned parking spaces available for visitors to Pointe Anaheim, bringing the total number of vehicles that can be accommodated in the garage to 5,200 cars. Pedestrian Safety Upon commencement of any If reasonably needed in order to regulate the flow of pedestrian traffic, as determined by the Public Works Department, activity/uses authorized by City's Traffic and Transportation Manager, the property owner/developer shall pay all costs Traffic and Transportation Conditional Use Permit No. 4078; associated with providing one or more pedestrian crossing officers at Harbor Boulevard and Division and, on-going during Project Disney Way, in order to facilitate the flow of pedestrians during the "Peak Period," which is operations defined as the time period from 5:00 p.m. to 9:00 p.m. during the following seasonal peaks: the Memorial Day weekend through the Labor Day weekend; the week prior to, during and following Christmas week; Easter weeks (one week before and one week after); and, at any other time determined to be necessary by the City's Traffic and Transportation Manager. The continued need for this officer(s) will be reviewed by the City's Traffic and Transportation Manager at least once annually, and the days and/or hours of pedestrian crossing officer staffing shall be adjusted, when determined necessary by the City's Traffic and Transportation Manager. p„nn=.doc 6-l8-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 8 Tim�nQ..................... :::<:::..::;...::;:.... Measure....: :..:. .....:... .... :....................................................................:..:.:...:..:..::..:....:.:.....:.::. _ Res ansrble for P :. ::... ::.::... . :: Moniforin Prior to the first final building and The property owner/developer shall submit to the City's Traffic and Transportation Manager for Public Works Department, zoning inspection; and, review and approval, a program for coordinating traffic signal timing in the area (within the Traffic and Transportation limits of the Scoot signal upgrades) which shall thereafter be implemented by the property Division owner/developer. In addition, the property owner/developer shall submit to the City's Traffic and Transportation Manager for review and approval, a study assessing the benefits of restricting, during certain peak exiting times, pedestrian crossings on the crosswalk located on the north side of the intersection of Harbor Boulevard and Disney Way to improve the circulation of vehicular traffic by causing all east -west crossing pedestrian traffic to occur on the south side of such intersection where pedestrian crossings will not slow the east to north turning movement of cars exiting Disneyland. On-going during Project operations If such restricted pedestrian movement is determined to be necessary by the City's Traffic and Transportation Manager, the property owner/developer shall pay all costs associated with the design and implementation of such restricted crosswalk for this intersection to the satisfaction of the City Engineer, within the timeframe established by the City Engineer. AIR QUALITY Prior to issuance of each building The property owner/developer shall comply with all SCAQMD offset regulations and South Coast Air Quality permit implementation of Best Available Control Technology (BACT) for all permitted new and Management District; modified stationary sources. Copies of permits shall be given to the Planning Department. Planning Department, Planning Division On-going during Project operations The property owner/developer shall schedule goods movements for off-peak traffic hours to Public Works Department, reduce emissions to the extent practicable. Traffic and Transportation Division Prior to issuance of each building The property owner/developer shall submit evidence that low emission paints and coatings are South Coast Air Quality permit utilized in the design and construction of buildings in compliance with AQMD regulations. This Management District; information shall be denoted on the project plans and specifications. Planning Department, Building Division Prior to issuance of each building The project design will incorporate the following energy-saving features which will also Public Utilities permit contribute to reduced emissions: Department, Electric Services Administration, • Improved thermal integrity of structures and reduced thermal load through use of automated Resource Efficiency time clocks or occupant sensors. • Efficient heating and other appliances. • Incorporation of appropriate passive solar design. • Propersealing of buildings. pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 9 Timm ........ :....:........ :.............. _............................._..Q...................._.............................................................................................:.....................................................................................................-. ::.:;.;>:.>:;:::.: ...::...:..::::...:.........:..:.:;;;>::::::.;:::. ::::.::..:;.::.::. sure.;::;::::.;:::::>;>:;;>::;;:.::::::;:r::::;;.:::>.......:......::...:.......:......::.......... . ............................................................................................Mea _ ............................. .................................. ..... _ _ foe Re n e o .._ ...... :.:::::..:.::::.......:...........:........:::::::.:::. :1.;::.;;:.:::::.;.;:;:..:.:.;:::<.;:::;:.::;:.;::;::;::::;::..;:.;:.;;:.::.::<.;:.;:.;:.::.........:::.;:;.:::;.::.;;: _. On-going during Project operations The property owner/developer shall participate in marketing programs which promote the Public Works Department, Anaheim Resort area as a mini -vacation site to encourage use of facilities within the area Traffic and Transportation rather than taking cars to destinations off-site. Division NOISE Prior to approval of the Final Site The design and orientation of any use, such as those which could involve amplified live music Planning Department, Plan and open-air festival events, shall be reviewed by a certified acoustical engineer. The property Building Division and owner/developer shall submit a report, for review and approval by the City, to ensure that noise Code Enforcement from areas which involve live amplified music and/or open-air festival events, do not exceed Division the noise levels established by the City of Anaheim Sound Pressure Level Ordinance. Prior to final building and zoning A Noise Monitoring Program prepared by a certified acoustical engineer shall be submitted to Planning Department, inspections the Planning Department for review and approval for any component of Pointe Anaheim that Planning Division and has the potential to involve amplified music or noise from open-air festival events and, within Building Division nine months of commencement of said activity, the property owner/developer shall submit the results of the Noise Monitoring Program conducted by a certified acoustical engineer to ensure that there are no violations of the Sound Pressure Level Ordinance from the Pointe Anaheim activity outside the Project. If noise in excess of the Sound Pressure Level Ordinance is detected, the property owner/developer shall modify operations within three days to bring the noise -generating activity into conformance with the Sound Pressure Level Ordinance. EARTH RESOURCES -GEOLOGY, SOILS AND SEISMICITY Prior to approval of each grading The property owner/developer shall submit a thorough soils and geological report for the area Public Works Department, plan to be graded, based on proposed grading and prepared by an engineering geologist and Development Services geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Code. Division Prior to issuance of each building The property owner/developer shall submit for review and approval detailed foundation design Planning Department, permit information for the subject buildings, prepared by a civil engineer, based on recommendations Building Division by a geotechnical engineer. Prior to issuance of each foundation The property owner/developer shall submit a report prepared by a geotechnical engineer for Planning Department, permit review and approval which shall investigate the subject foundation excavations to determine if Building Division soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Prior to issuance of each building The property owner/developer shall submit plans showing that the proposed structure has been Planning Department, permit analyzed for earthquake loading and designed according to the most recent seismic standards Building Division in the Uniform Building Code adopted by the City of Anaheim. panuncc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 10 ::...:.::.....:.:: .:.... ;::..... ... ....:. .. .: .. :...:: nsible for Res o:::: .:::::Monitorin GROUNDWATER AND SURFACE HYDROLOGY Prior to approval of a grading plan; The property owner/developer shall submit a Master Drainage and Runoff Management Plan Public Works Department, and, implemented during Project (MDRMP) for review and approval and pay the required South Central Area Master Plan of Development Services construction and operation Drainage (SCAMPD) storm drain fees. The Master Plan shall include, but not be limited to, the Division; Regional Water following items: Quality Control Board; Orange County Flood a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic Control District calculations for storms up to and including the 100 -year storm. b. A delineation of the improvements to be implemented for control of project -generated drainage and runoff. C. Detailed assessment of existing water quality, potential water quality impacts, and a description of proposed measures to maintain water quality to the extent required by the National Pollutant Discharge Elimination System (NPDES) and its regulations, including the following: (1) Incorporation of structural and nonstructural City -controlled Best Management Practices (BMPs). BMPs shall, to the extent permitted by law, include, but are not limited to, containment of masonry and paint wastes on the construction site; proper disposal of vehicle fuel and maintenance wastes; disposal of trash and debris; prohibiting water wash down of paved areas (both during and after construction unless allowed by the NPDES permit); and education/training for construction workers on these practices. Engineering details, maintenance procedures, and funding responsibilities of these BMPs shall also be described. (2) Incorporation of measures to comply with applicable actions to be identified by the RWQCB in conformance with the State Water Resources Control Board (SWRCB) statewide water quality control plan for inland surface waters, adopted April 11, 1991. (3) Description of a water quality monitoring program to monitor water quality during and subsequent to construction and to evaluate the effectiveness of BMPs. The water quality monitoring program shall identify: (1) the person/agency responsible for implementing the program, (2) sources of pollutants in runoff (e.g., nuisance flows from development areas, irrigation flows), (3) specific types of pollutants expected in runoff that will be monitored (e.g., total suspended solids, phosphorous, lead), (4) water quality sampling stations that are representative of runoff from the sources identified above, 5 sampling r ram methodology, including devices to pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 11 ::::.::::<::>:>::>: <:; Tamm a ....:..:...:::..:::............ <:>>:::::<::>:>< .:Meas ra .:.;;;;>:.:;;:::;:;.;:>;:,:;::...;;>:.:.:.:. :..,::.:..::.......................................................................................................:......::.::.:::...:..:.:.:.::.::...::..;:. Res onsrble for _. Montonn '. be used and frequency and duration of sampling, (6) method for evaluating data collected from a sampling program, including threshold standards for determining effectiveness of BMPs, and m additional measures, if necessary, to increase the effectiveness of the BMPs to the threshold standards identified in C(1) above. Prior to issuance of each building The property owner/developer shall submit landscaping and irrigation plans and an Irrigation Public Utilities permit Management Program. This landscape plan shall include a maintenance program to control Department, Electric the use of fertilizers and pesticides, and an irrigation system designed to minimize surface Services Administration, runoff and overwatering. Additionally: Resource Efficiency; Community Services a. The landscape plans shall be prepared and certified by a licensed landscape architect. Department, Parks The landscape architect shall submit plans in accordance with Anaheim's Landscape Division; Planning Water Efficiency Ordinance and Guidelines. Department, Planning Division b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the maximum annual water allowance for the project not exceed 80 percent of the mean annual evapotranspiration, or that the landscape irrigation system 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. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. On-going during Project operations The property owner/developer shall provide for the following: cleaning of all paved areas not Public Works Department, maintained by the City of Anaheim including, but not limited to, private streets and parking lots Streets and Sanitation on not less than a monthly basis. Using water to clean streets, parking lots, and other areas Division shall be allowed on a periodic basis if allowed in the applicant's NPDES permit. Nightly washdown shall be allowed where advisable to maintain safe and sanitary working conditions, if allowed in the property owner/developer's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer's NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. panimcc.aoo 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 12 ....:: ... 9...... ::::.:.... - : a iblefor:: .....:.........:.:.::>:;.:_:>. ... . . .R.,es Monitorin Prior to each final building and The property owner/developer shall submit a Certificate of Substantial Completion, as Planning Department, zoning inspection described in the Specific Plan, which establishes that the landscape irrigation systems have Planning Division been installed asspecified in the approved landscaping and irrigation plans. To be installed with Project water To reduce the project's demand on potable water, the property owner/developer shall install Public Utilities mains; and, to be connected if water lines on-site so that reclaimed water may be used for landscape irrigation and other Department, Water reclaimed water becomes available purposes. Services Administration CONSTRUCTION Demolition And Earthwork Prior to issuance of each grading The property owner/developer shall submit Demolition and Import/Export Plans. The plans Public Works Department, permit (for Import/ Export Plan) and shall include identification_ of offsite locations for material export from the project and options Traffic and Transportation prior to issuance of demolition for disposal of excess material. These options may include recycling of materials onsite, sale Division permit (for Demolition Plan) 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. Transportation and Circulation Prior to issuance of the first building The property owner/developer shall submit a Traffic Mitigation and Construction Phasing and Public Works Department, permit; and, Control Plan. The Traffic Mitigation, Construction Phasing and Control Plan shall identify the Traffic and Transportation following: Division; Planning Department, Planning a. A Construction Staging Area Plan showing the location and size of the construction staging Division area. The Plan shall also show how the staging area will be screened from view in compliance with the City of Anaheim Municipal Code. Prior to approval of a grading plan or b. A Construction Barrier Plan showing the location and types of barriers that will be in place issuance of demolition or building during grading and construction. Said plan shall provide for all construction areas to be permits, whichever occurs first; and, screened from view, in compliance with the City of Anaheim Municipal Code and shall include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, site preparation, or grading, whichever occurs first. Prior to approval of a grading plan or c. A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to issuance of demolition or building the extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan permit, whichever occurs first; and, shall show conformance with the extemal noise limits for construction between 7 p.m. and 7 a.m. The Plan shall also prohibit construction traffic on residential streets where improvements are not planned and shall provide measures to ensure that truck drivers are directed away from residential streets and travel on approved routes only. pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 13 .......... ... Min ...... .... . ........ . :X:::- X ........ . ... I .... .... .. . ... . ... .. . ....... . ...... ....... ..... ....... ..::::.::::::.:<:>::::»>::::>::>.;»»::>:.................. ... ....... U .......... ...... for ...... .. ... . .................. Measures to assist in guiding truck movement on the arterial roadway system include, but Public Works Department, are not limited to, provision of truck route maps to truck drivers and placement of Traffic and Transportation fiagpersons and construction signage at appropriate locations. The Truck Route Plan shall Division; Planning provide for monitoring of street conditions and potential repairing and/or repaving by Department, Code property owner/developer after completion of construction as required by the City Enforcement Division Engineer. This plan shall be adhered to throughout the project construction period. Prior to approval of a grading plan or d. A Construction Traffic Management Plan which includes mechanisms to reduce Public Works Department, issuance of demolition or building construction -related traffic congestion which shall be implemented during grading and Traffic and Transportation permit, whichever occurs first; and, construction, including, but not limited to, the following: Division (1) Configure construction parking to minimize onsite and offsite traffic interference. (2) Minimize obstruction of through -traffic lanes. (3) Provide flagpersons to guide traffic, as determined in the plan. Prior to approval of the first grading e. A Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential Public Works Department, plan; and, vehicle trips on the road and identify parking locations for construction employees and Traffic and Transportation equipment. Division; Planning Department, Planning Division Prior to issuance of the first building f. A Traffic Management Plan for phasing of roadway improvements, specifying the Public Works Department, permit; and, sequencing of construction to do the following: Traffic and Transportation Division (1) Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. (2) Outline procedures for any required traffic detours during construction, including provision of tour bus stops. (3) Phase each roadway improvement to allow access to all existing businesses. In some instances this will require lane -by -lane renovation, temporary bypass roads, or traffic reroutes. (4) Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. pamme.doo 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 14 >::::::.:;::>::>::;>: _ ............ in................................................................................ :.::.::::........................._...................................................................................::::::...::::::::::.::::::::::::::::.::::::::::::.::::.:..:::..:...:..:............................................................................. g....._.........................._ ::;::.:>::>::::::>>: are <>;;::>::::>: <:::::<:::>::::::::;::::; ::<:::::;>:::::::;::>:: _....:::.::.::.:::..:................:...,..........:......:.::.::::.:..:..:.:::..::.::..:.:.::..:.....> .._.._ .-,..:.._............:..............:.........:..............................................................................:........................................................._......................_ Res onsible'for :..:.::.::....... _ .... _ ........ ... _.....: _... ::::.:.:....:.::..:......:..........................:........................... .......... . (5) Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. (6) Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. (7) Identify how the project improvements construction schedules and haul routes will be coordinated with other areawide improvements. The property owner/developer shall coordinate with the Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel. Prior to issuance of the first building g. An Infrastructure Coordination Plan showing how the project improvement construction Public Works Department, permit schedules and haul routes will be coordinated with other areawide improvements. The Traffic and Transportation property owner/developer shall coordinate with adjacent uses to ensure continued Division operations of these facilities, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel. On-going during construction The property owner/developer shall submit a quarterly update report showing construction Public Works Department, activities for the upcoming quarter which shall include traffic mitigation and control planning Traffic and Transportation and construction scheduling. Division Prior to approval of each grading The property owner/developer shall show how the project will be in compliance with the Traffic Public Works Department, plan Mitigation and Construction Phasing and Control Plan. Traffic and Transportation Division and Development Services Division On-going during construction If Anaheim Police Department or Anaheim TMC personnel are required to provide temporary Police Department; Public traffic control services, the property owner/developer shall reimburse the City, on a fair share Works Department, Traffic basis, if applicable, for reasonable costs associated with such services. and Transportation Division panuna.da 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 15 for Air Quality On-going during construction The following measures will be followed by the property owner/developer to reduce air quality Planning Department, impacts: Building Division; Public Works Department, a. Normal wetting procedures or other dust palliative measures shall be followed during Development Services earth -moving operations to minimize fugitive dust emissions, in compliance with the City Division of Anaheim Municipal Code. b. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice a day to assist in minimizing fugitive dust; haul routes shall be cleared as needed if spills of material exported from the project site occur. c. 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. d. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. e. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. f. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. g. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during second stage smog alerts. h. The project will comply with the 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. L Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. j. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. k. Maintain construction equipment engines by keeping them properly tuned. I. Use low sulfur fuel for equipment, to the extent practicable. pammoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 16 n ::::::..........:.:. _ 9...._: .......:...:: ...... ;..::..::::.:::::..:............::::.:. :....................... ..............:.:::..:::..::Measure:.:.....:::::.::...:.:::........: :. ..:.:::.....:.::::.:..:.:.:.::.::.::.::.:::.::::..:.:.:::::..::.::..:....:....:..::....................................................:::......::..:::: sible for::. von.... On-going during construction The property owner/developer shall implement the following to limit emissions from Air Quality Management architectural coatings and asphalt usage: District; Planning Department, Building a. Use nonsolvent-based coatings on buildings, wherever appropriate. Division b. Use solvent -based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high -solid or water-based coatings. On-going during construction All construction contractors shall comply with SCAQMD regulations, including Rule 402 which Air Quality Management specifies that no there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD District; Planning Rule 403, which restricts visible emissions from construction. Rule 403 was amended by the Department, Building SCAQMD after preparation of The Disneyland Resort EIR No. 311. Specific measures Division contained in the rule to reduce fugitive dust include the following a. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface. b. For open storage piles, apply water hourly or cover with temporary coverings. c. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. d. Wash mud -covered tires and under -carriages of trucks leaving construction sites. e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites. Noise On-going during demolition and Construction noise shall be limited by the property owner/developer to 60 dBA along the Planning Department, construction property boundaries before 7:00 a.m. and after 7:00 p.m. as governed by Chapter 6.7, Sound Building Division and Pressure Levels, of the Anaheim Municipal Code. Code Enforcement Division panwwc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 17 Timm >�:::>:...::..::.:.:....:........... :>'>'::>: Q:>;::..;........... :::::::.:::.::.<;::<::.:<:::<:;::::::::;::::<::;:::<:::::::::;::::::::::>>::><:::::>»::><<::::::><::::>Meas..uire<:>::::<:<::>:;:.>:::<:;<:;:.:.::;:::::::..:.<:':::::::»: ::>:::;::>::.::.;:.;:: : b for... Res onsr le P_<. : ................................:, ::.:..........:.::.,.::.:.;.::.. On-going during construction The property owner/developer shall ensure that all internal combustion engines on construction Planning Department, equipment are fitted with propedy maintained mufflers. Buildinq Division Hydrology and Erosion On-going during grading operations The property owner/developer shall implement standard practices from all applicable codes and Public Works Department, ordinances to prevent erosion. Development Services Division Prior to issuance of each grading The property owner/developer shall obtain required NPDES construction storm permits from Regional Water Quality permit the State Water Resources Control Board, if applicable. Copies of the Notice of Intent or Control Board; Public permits, as applicable, shall be submitted to the City Engineer. Works Department, Development Services Division Hazardous Materials On-going during demolition and In the event that hazardous waste, including asbestos, is discovered during site preparation or Air Quality Management construction construction, the property owner/developer shall ensure that the identified hazardous waste District; Orange County and/or hazardous material are handled and disposed of in the manner specified by the State of Health Department; California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter Planning Department, 6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22, Building Division; Fire and the Uniform Fire Code, Article 87. Department, Environmental Protection Agency EMPLOYMENT, POPULATION, AND HOUSING On-going during Project operations The property owner/developer will aggressively recruit workers who are already part of the Planning Department, resident work force in the region. Implementation of The Disneyland Resort Specific Plan will Planning Division further efforts in offering employment ortunities at various socioeconomic levels. PUBLIC SERVICES AND UTILITIES Fire Protection Prior to commencement of structural On-site fire hydrants shall be installed and charged, as required, by the property Fire Department framing on each parcel or lot owner/developer. Prior to approval of each grading The property owner/developer shall submit an emergency fire access plan to ensure that Fire Department Ian service to the site is in accordance with Fire Department service requirements. Prior to issuance of each building The property owner/developer shall submit a Construction Fire Protection Plan which shall Fire Department permit include detailed design plans for 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. pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 18 .:...:.:..:::...::.:..::::.::.:::::9 ::::.::::::::::::::::.:::.:... . ...........:....::........... :..::::.::::.>.;>::;;:;.;:;:.;<.;; ::.>::..>:.:::: ;;:...:: - .:>:,:;:::.>::>: Measure._ .................................... ..............: ss onsible for R . :..:...:. Moniforan Prior to issuance of each building Plans shall indicate that all buildings, exclusive of open parking structures, shall have sprinklers Fire Department permit; to be implemented prior to installed by property owner/developer. each final building and zoning inspection Prior to Issuance of each building Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department permit Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate offsite 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. Prior to issuance of the first building The property owner/developer shall comply with the Fire Protection Facilities and Paramedic Fire Department permit Services Impact Fee Program (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995). Prior to approval of street The water supply system shall be designed by the property owner/developer to provide Fire Department, Public improvement plans sufficient fire flow pressure and storage for the proposed land uses and fire protection in Utilities Department, accordance with Fire Department requirements. Water Services Administration Prior to each final building and The property owner/developer shall place emergency telephone service numbers in prominent Fire Department zoning inspection locations as approved by the Fire Department. On-going during Project operations The property owner/developer shall coordinate earthquake training with the Fire Department for Fire Department hotel staff and other employees. pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 19 ;.:;;.: ....... ;:.>::; ::::.: :::.::..::::.:.:::.Ttman ..::.:.::::::::::.:.:.... ........................................>i............................ ..........::::::::.::::.::.. :::::::;;::::;:::::::>:>.>:>:::.:::;:>::.:>:><:>:>:>::<:>;:;:>::::;:. :.................::.:::...:.::.:::......,...:...Meas.urs.:..:.:...:...:::::::.::...;:....:..:..::..:.:..::.::.... :..:.::.........::.. :.:........:::::.::::::.:::::::::..::..:..::.:::.:. Res ansible for ::........::.::.:::..................................:.::....:.::...:.:.. ... ............................................ :::.:.:.:.:::::.::: :.:.::..:.:.:....................::::.:::.:::....:::::.:.. . .... :.: :::::.:.................:.:.:.......:.....:.: :::.::::<:.<:. :::.::..::>; .:::::.;: ;:::.;:.;.....:;.:::.:::.:..::.:::.:.::..>.>:.:;::.: Monifon Prior to issuance of each building The property owner/developer shall submit an earthquake emergency response plan for review Fire Department permit for hotels and approval. That plan shall require posted notices in all hotel rooms on earthquake safety procedures. Police Services Prior to issuance of the first building Plans shall be submitted showing the location of a police/security office identifiable and easily Police Department permit; and, accessible by the public (i.e., "store -front' type of space) along with dedicated parking spaces for Police Department employees working in the space within the project site to the satisfaction of the Police Department. Prior to the first final building and Said space shall be made available to the Police Department for permanent occupancy at no zoning inspection cost to the City. On-going during Project operations Property owner/developer shall staff the Project with the needed level of uniformed private Police Department security officers working in pairs for patrol and surveillance of the facilities to the satisfaction of the Police Department, including possibly 24-hour coverage. Prior to issuance of each building The Police Department shall review and approve the safety measures incorporated into the Police Department permit project including the parking structures. The security measures shall include, but not be limited to, closed circuit television surveillance/ cameras and recording equipment or other substitute security measures as may be approved by the Police Department for the parking structurestfacilities, lighting, and other defensible space measures throughout the project, as determined necessary by the Police Department. Solid Waste Prior to the first final zoning and The property owner/developer shall submit project plans to the Director of Maintenance for Public Works Department, building inspection review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Streets and Sanitation Act of 1989, as implemented by the City of Anaheim, the County of Orange Integrated Waste Division Management Plan, and the City of Anaheim Integrated Waste Management Plan. Prior to the first final zoning and A Solid Waste Management Plan shall be submitted for review and approval by the property Public Works Department, building inspection; and, owner/developer to ensure that the project plans comply with AB 939, as administered by City Streets and Sanitation implemented during Project of Anaheim, and the County's and City's Integrated Waste Management Plans. Waste Division operations management mitigation measures that shall be taken to reduce solid waste generation shall include: a. Detailing the locations and design of solid waste and recyclables storage and collection facilities. psnuncc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim b. Complying with all Federal, State, and City regulations for hazardous material disposal. c. Participating in the City of Anaheim's voluntary "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 including, but not limited to, the following: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collection and baling. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for nonrecyclable materials, whenever feasible, to reduce the total volume of solid waste and the number of trips required for collection. • Prohibition of curbside pick-up within the Pointe Anaheim project. • Recyclina of landscape Green waste. Page 20 Schools Prior to issuance of each building The property owner/developer shall provide proof that school impact fees have been paid Planning Department, permit consistent with State statute. I Building Division Prior to commencement of usestactivities authorized by Cqnditional Use Permit No. 4078; and, on-going during Project The property owner/ developer shall coordinate with the Anaheim Union High School District to incorporate a retail training program into the Project for interested high school seniors. Planning Department, Planning Division Prior to commencement of . The property owner/ developer shall coordinate with the school districts in Anaheim to Planning Department, uses/activities authorized by incorporate a school program into the onsite theaters for the benefit of local school children. Planning Division Conditional Use Permit No. 4078; and, on-going during Project operations punmcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 21 Use of self-closing valves on drinking fountains Use of reclaimed water for irrigation and washdown when it becomes available Continuation of the existing cooling tower re -circulation system Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors Low -flow shower heads in hotels Water -efficient ice machines, dishwashers, clothes washers, and other water -using appliances Use of irrigation systems primarily at night when evaporation rates are lowest Provide information to the public in conspicuous places regarding water conservation Use of water -conserving landscape plant materials wherever feasible Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas Prior to each final zoning and The property owner/developer shall submit a certified water audit for landscape irrigation Public Utilities building inspection systems. Department, Electric Services Administration, Resource Efficiency pamamdoc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 22 :..:.... .....:.::.;:.: :,;.:....::,...;:...::. . ..:9.. ::... . : :.. >;>: M .... ................. <.........::.:<..::.:..:..::: es ons ble' for :Responsible .. . ::.. .::::.::«...<...:.::..;:.;.::;:.:.... ::.,...,..... :. :...... .... .........:..:...:...:... onitorin Prior to issuance of the first building The property owner/developer shall comply with the adopted Anaheim Resort Water Facilities Public Utilities permit Fee Program (Rule 15E of the Water Utilities Rates, Rules and Regulations per Resolution No. Department, Water 95R-140 effective September 1, 1995. Services Division Prior to approval of the Final Site The water backflow equipment and any other large water system equipment shall be shown on Public Utilities Plan; and, prior to final building and plans to the satisfaction of the Public Utilities Department, Water Utility Division, in either Department, Water zoning inspections underground vaults or behind the Setback Realm area in a manner fully screened from all Services Division public streets and alleys; and, the facilities will be installed in accordance with the plans. Prior to approval of the first Property owner/developer shall enter into an agreement recorded against the property with the Public Utilities subdivision map or issuance of the City of Anaheim, to the satisfaction of the Utilities Department and City of Anaheim Attorney's Department, Water first grading permit or building Office, to guarantee the property owner/developer's participation in water system Services Division permit, whichever occurs first improvements necessitated by the project. The agreement shall contain provisions requiring the property owner/developer to pay or cause to be paid its fair share funding for said improvements and/or construct said improvements, if determined to be necessary by the Utilities Department, with reimbursement by other beneficiaries in accordance with the Utility Rates, Rules, and Regulations. Costs shall include the payment for consultant/contractor services for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection, and any other related expenses. Further, the property owner/developer shall submit an engineering report and phasing plan for review and approval by the Utilities Department setting forth the extent and timing of the water system improvements necessitated by the project for use in implementing the agreement. The property owner/developer shall at all times perform its obligations as set forth in said agreement. Wastewater/Sewer Service Prior to the first final building and The property owner/developer shall comply with the Sewer Impact and Improvement Fee Public Works Department, zoning inspection Program for the South Central City Area (per Ordinance No. 5490 and Resolution No. 95R-80 Design Division dated April 18, 1995). This SCASDS Fee Program applies to the sewer discharge generated above the rate from the existing building footprints (prior to demolition) and up to the maximum of 639,000 peak gpd. This Fee Program does not apply and mitigate the need of the reverse sewer line in Katella Avenue. Prior to the first final building and A reverse -flow public sewer line shall be constructed in Katella Avenue from a point east of the Public Works Department, zoning inspection 1-5/Anaheim Boulevard to State College Boulevard to accommodate the sewage flow in excess Design Division of that projected from the land uses permitted by The Disneyland Resort Specific Plan within the boundaries of Pointe Anaheim, which cannot be accommodated by current capacity. Line sizing and implementation of this measure will be as follows: • Analyze the Pointe Anaheim sewer flows with the City's updated Basin 8 model to determine local sewer impacts and downstream impacts to the Katella sewer system. pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 23 pammoc.doc 6-18-99 : _. s:for R s ns .......... .. ;:.:...... ::: . .: : . ; Monitoring Determine the size and limits of a new public sewer in Katella, east of Interstate 5, to intercept and redirect flows from the ASAMLUP tributaries. • Coordinate all analysis, findings, and conclusions for approval with the City of Anaheim. Stonm Drains Prior to issuance of the first building The property owner/developer shall comply with the Storm Drain Impact and Improvement Fee Public Works Department, permit Program for the South Central City Area (per Ordinance No. 5491 and Resolution No. 95R-61 Design Division dated April 18, 1995); or, the City may enter into alternative financing arrangements with the property owner/developer prior to approval of the first Grading Plan. Electricity Prior to issuance of each building The property owner/developer shall submit plans showing that each of the project's buildings Public Utilities permit will comply with the State Energy Conservation Standards for New Residential and Department, Electric Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations). Services Administration, Resource Efficiency Prior to issuance of each building In order to conserve energy, the property owner/developer shall implement numerous energy Public Utilities permit; to be implemented prior to saving practices in compliance with Title 10, which may include the following: Department, Electric each final building and zoning Services Administration, inspection . Consultation with the City energy -conservation experts for assistance with energy- Resources Efficiency conservation design features. Use of high -efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100 -percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. • Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. Use of T8 lamps and electronic ballasts. Metal hallide or high-pressure sodium for outdoor lighting and parking lots. Prior to issuance of the first building The property owner/developer shall install electrical and communication conduit and Public Utilities permit substructures within the development site to provide for electrical distribution to serve the Department, Electric various uses within the development. Services Administration Prior to issuance of the first building The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Public Utilities permit Rules & Regulations for installation of backbone cables, switches and related facilities to Department, Electric provide electrical distribution to the development site. Services Administration pammoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 24 ..<> . . .:.. : ; M...: es pnrble:for ::.:.:.:.....:. ...:. ...................... . <:: ;.::: :: . .; : .. . :. . . : :. : .:...:.:....:.. .. .... ....:.....: Prior to issuance of each building The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Public Utilities permit Rules and Regulations for electrical commercial/industrial services for specific uses within the Department, Electric development site. Services Administration Prior to the issuance of the first Analysis and validation of available electricity capacity will be conducted to the satisfaction of Public Utilities building permit the Public Utilities Department and, if deemed necessary, additional mitigation will be provided Department, Electric by the property owner/developer to the satisfaction of the Public Utilities Department, if the Services Administration property owner/developer proposes to build the movie theater complex. Natural Gas Prior to issuance of each building The property owner/developer shall submit plans which shall ensure that buildings are in Public Utilities permit conformance with the State Energy Conservation Standards for nonresidential building (Title Department, Electric 24, Part 6, Article 2, California Administrative Code). Services Administration, Resource Efficient Prior to each final building and The property owner/developer shall implement a program (The Southern California Gas Planning Department, zoning inspection Company has developed several programs which are intended to assist in the selection of the Building Division most energy-efficient water heaters and furnaces.), as required, to reduce the demand on natural gas supplies. Television Service/Reception Prior to issuance of the first building A pre -project study of area television reception shall be undertaken by the property Planning Department, permit owner/developer to determine baseline conditions; and, six months after topping out, a follow- Planning Division up study of area television reception shall be undertaken immediately by the property owner/developer. If the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences, a signal booster or relay system shall be installed on the roof of the tallest project building to restore broadcast television reception to its original condition as soon as practicable. HAZARDOUS MATERIALS Prior to approval of the first grading Investigation for the presence of cryptic tanks using geophysical methods shall be conducted in Fire Department, plan or issuance of the first the subject area for the property owner/developer by a qualified environmental professional in Environmental Protection demolition permit, whichever occurs the areas of former service stations and those areas known or thought to have been formerly Section first occupied by USTs and where tank removal has not been verified prior to excavation or grading in these areas. 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 lace in these areas. pammoa.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 25 .:...::..........:. ;;:>;::.: :::::<::>:«::..........::.:..:..::.:.:.::::....,:.::...::::.:::::.:::::.:::.:::.::::::::.:::::::::::.:.:....:..:::::.::::.:.:::.. ::.:...:::.:.::::......:.....::Timm ..._.....:......... ..........................._ 9 ».»:.:;.::.:.::::.:.::.:.:.::;::..:<::.>::.::.:.::.::.::,>....:..;:.. ......................................................_...................MBure.............:..::.:.:.:..:...::....:..:.:....,................:...::::..::..:.:.:::..:.:::......;.:::>::::::.:........ Res onsible for _ . _ . ........................................................ ....................:: .....................................:::..:.:::::.::.::.:::::::::::::::.:::::. :..:........:..:.:...:............:.:.......:::::: . :.:......:::::::. ::::..:.:..,...::.::..::::.:.:...,::.:.:...:......:...:.... ::: ;:.: ::::.:.:::.:::.::::::::::.:::::::.:::.::::..:::.:::.:::..::.:::::::..:::::.:..::::...::.::.:.::.:.::::..::....:.:.:.: :::.::.:.:>.:..:.::::.:..;: .....:..:..................................... . Prior to removal of underground A permit shall be obtained from the Environmental Protection Section of the Fire Department Fire Department, tanks for removal of underground tanks by the property owner/developer. During removal of the Environmental Protection underground storage tank, a representative from the Fire Department, Environmental Section Protection Section, shall be onsite to direct soil sampling. On-going during remediation Remediation activities conducted on behalf of the property owner/developer of surface or Orange County Health subsurface contamination not related to USTs shall be overseen by the Orange County Health Department; Public Department. Information on subsurface contamination from an underground storage tank shall Utilities Department, be provided to the Public Utilities Department, Water Services Administration, Environmental Water Services Services. Administration, Environmental Services Prior to approval of the first grading The property owner/developer shall submit a plan for review and approval of the Fire Fire Department, plan or issuance of the first Department, which details procedures that will be taken if a previously unknown UST or other Environmental Protection demolition permit, whichever occurs unknown hazardous materials or waste is discovered onsite. Section; Orange County first Health Department Prior to relocation of any The transformers shall be tested by the property owner/developer for PCBs. Public Utilities transformers within the Project Department, Electric boundaries that may contain PCBs Services Administration which are being moved or relocated as part of project development Prior to approval of a grading plan A subsurface investigation and sampling, if needed, shall be undertaken by a qualified Public Utilities environmental professional for the property owner/developer to the satisfaction of the Public Department, Water Utilities Department, Water Services Administration, Environmental Services, to determine if Services Administration, the former Chevron station's USTs and/or business practices have environmentally impacted Environmental Services the subject property. Prior to approval of a grading plan A physical inspection of the interiors of 1731-1741 and 1751-1755 South Clementine Street (to Orange County Health be renamed "Freedman Way"), as well as the surrounding grounds, shall be conducted by a Department; Fire qualified environmental professional for the property owner/developer to the satisfaction of the Department, Orange County Health Department/Anaheim Fire Department to accurately assess any Environmental Protection potential presence of hazardous waste materials at said properties. Where possible, interviews Section with property owners and/or company representatives shall be conducted to obtain information on the hazardous material usage histories and handling practices of the sites and, if available, copies of contaminant investigation reports shall be reviewed to evaluate the presence and level of hazardous substances in the soil at each property. The results of this investigation shall be submitted to the Orange County Health Department and the Anaheim Fire Department for review and approval. pammoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 26 ... .... . ........ . T" rn n .... . ...;::<::::>;>::::>........::;;.:.........:.......Respo . ........... X.Q. . ....... ... ....................... ..... .. - - - . 1. - --X-...... ... ..... ........... .. ......... . iiiii�.:....:. ................. . ... risible for ........... . ................... .............................. ................. . .... ............. . . ....... ............ HEM,. . . ... ... If warranted, subsurface investigation and sampling shall be undertaken by a qualified environmental professional in coordination with the Orange County Health Department. Appropriate remediation measures shall be developed, if necessary, before demolition, excavation, or grading take place in these areas. On-going during abatement of LBP All aspects of Title 8, California Code of Regulation, § 1523.1 shall apply. These include Fire Department, manual demolition, manual scraping, manual sanding, heat gun applications, general cleanup, Environmental Protection power tool cleaning with dust collection systems, and spray painting. At a minimum, half -mask Section air purifying respirators shall be utilized during these types of tasks. In addition, all other aspects of Title 8, California Code of Regulations, § 1523.1 shall apply. These include employee exposure assessment respiratory protection program, protective clothing, housekeeping, hygiene facilities and practices, medical surveillance program, proper employee training in the hazards of working with lead -containing materials, posting of warning signs, engineering controls, employer record keeping observation monitoring, and observation procedures. On-going during demolition Appropriate disposal of lead and other hazardous materials to landfill shall be required, Fire Department, depending on waste characterization. The State of California requires that all waste streams be Environmental Protection characterized based on Waste Extraction Tests (WET), such as total Soluble Threshold Limit Section Concentrations (STI -C), to determine appropriate disposal facility and procedures. VISUAL RESOURCES AND AESTHETICS Prior to approval of the Final Site The property owner/developer shall submit plans which illustrate that all mechanical equipment Planning Department, Plan; to be implemented prior to and trash areas for the subject buildings will be screened from adjacent public streets. Planning Division final building and zoning inspections Prior to approval of the Final Site The property owner/developer shall submit a landscape and irrigation plan. This plan shall be Planning Department, Plan prepared by a licensed landscape architect. The landscape plan shall include a phasing plan Planning Division for the installation and maintenance of landscaping associated with the Final Site Plan. Prior to the final building and zoning The property owner/developer shall participate in a landscape assessment and maintenance City Attorney's Office inspection district, as adopted for the Anaheim Resort. Prior to submittal of the Final Site If the height of any building onsite is higher than shown on the conceptual plans/exhibits Planning Department, Plan submitted in connection with Conditional Use Permit No. 4078, the property owner/developer Planning Division shall submit a shade and shadow analysis to the Planning Department for review and approval demonstrating that the proposed structure(s) would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel/motel swimming pool areas, etc.) or structures that include sensitive uses (e.g., residences) have windows that pammoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheirn Page 27 i................................... �. I .. ............ .. ............................. ................ .............. ............. ..... .. .. .... . .. . .... . ....... .......... . . ...... . ....... . ..... . . .................... ... Wi. .. ... .............. .. ... ........ . ........ I . ......... .... ............................. .. ....... ... ..................... ................. ...... . . ......... .. ..... - . ponsiblelor ............... . .... . .., . a ............. ...... . . ..... . ....... .. . . . .. ................ ............. ....... : : - .............. . ..... ....... ... ................ ...... .... ........... .... . . ........... ........... ....................... ... ........ .......... ............... . .. ......... ... . : : . ......... ............. ................................. ............ %. .-I. -*...-.-.-.% 2' ...... 6hitonng normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and/or shadow impacts would occur and the building setback, architectural massing and landscape requirements provisions set forth in Section 5.0, Design Plan of the Anaheim Resort Specific Plan, do not function as feasible mitigation measures, additional technical review of the structure(s) will be required. The height of all structures shall not exceed the maximum height permitted by The Disneyland Resort Specific Plan. Prior to approval of the Final Site The property owner/developer shall submit plans which detail the lighting system for the Planning Department, Plan proposed project. The systems shall be designed and maintained in such a manner as to Planning Division conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. CULTURAL RESOURCES Prior to approval of each grading The property owner/developer shall submit a letter identifying the certified archaeologist that Public Works Department, plan has been hired to ensure that the following actions are implemented: Development Services Division a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. panm=.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe*Anaheim Page 28 b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. ENERGY Prior to issuance of each building The property owner/developer shall demonstrate on plans that fuel-efficient models of gas- Planning Department, permit powered building equipment have been incorporated into the proposed project to the extent Building Division feasible. panuncc.doc 6-18-99 PROOF OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange, ) am a citizen of the United States and a resident of the County aforesaid; I am over the age of twenty one years, and not a party to or interested in the above entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 22, 1999 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct': Date July 22 , 19 99 Signature Anaheim Bulletin 1771 S. Lewis St. Anaheim, CA 92805 (714) 634-1567 PROOF OF This space is for the County Clerk's Filing Stamp Proof of Publication of AVEW i060440mg. Igen, hen; aro s r►ritm t ): dented .: e: a tln. n Th!y i, i f�ti fot 1�ii aN st�xi, i 'PUBLICATION