2002-057RESOLUTION NO. 2002R-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AMENDING CONDITIONAL USE PERMIT
NO. 4078 WITH WAIVER OF CODE REQUIREMENTS
{MINIMUM NUMBER OF PARKING SPACES).
WHEREAS, on June 22, 1999, the Anaheim City Council
adopted Resolution No. 99R-136 to grant Conditional Use Permit
No. 4078 and permit the Pointe Anaheim Lifestyle Retail and
Entertainment Complex (hereinafter the "Pointe Anaheim Lifestyle
Retail and Entertainment Complex" or the "Pointe Anaheim
Project") consisting of up to 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
approximately 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; a 1,600,000 gross square foot parking structure with
4,800 striped parking spaces and 25 bus 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; and waiver of the minimum number of parking spaces (7,668
spaces required, 4,800 striped spaces proposed with provision for
an additional 400 vehicles bringing the total number of vehicles
that can be accommodated in the parking structure to 5,200); with
development of the project to take place in a single phase; and
WHEREAS, the Pointe Anaheim project encompasses an
irregularly-shaped area consisting of approximately 29.1 acres
located between Harbor Boulevard and Clementine Street, and
Disney Way and Katella Avenue; having approximate frontages of
1,500 feet on the south side of Disney Way between Harbor
Boulevard and Clementine Street, 1,185 feet on the west side of
Clementine Street between Disney Way and Katella Avenue
(excluding Fire Station No. 3 at 1713-1717 South Clementine
Street), 728 feet on the north side of Katella Avenue between
Clementine Street and a point 771 feet west of the centerline of
Clementine Street, and 585 feet on the east side of Harbor
Boulevard between Disney Way and a point 615 feet south of the
centerline of Disney Way, as more specifically described in
Attachment No. 1 hereto, which is incorporated herein by this
reference; and
WHEREAS, pursuant to Chapter 18.93 of the Anaheim
Municipal Code, Robert H. Shelton, Anaheim Center for
Entertainment, LLC, as authorized agent for Excel Pointe Anaheim,
LLC, successor in interest to Anaheim Center for Entertainment,
LLC, submitted a request dated March 12, 2001, that the Planning
Commission initiate General Plan Amendment No. 2001-00393,
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1,
Amendment to Conditional Use Permit No. 4078 and other related
actions pertaining to the Pointe Anaheim project, as proposed to
be modified, including development in up to five phases, on
property within the Specific Plan not owned by Excel Pointe
Anaheim, LLC; and
WHEREAS, on April 9, 2001, the Planning Commission, by
its Resolution No. PC2001-41, duly initiated General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1, Amendment to Conditional Use
Permit No. 4078 and other related actions; and
WHEREAS, pursuant to Chapter 18.93 of the Anaheim
Municipal Code, Robert H. Shelton, Anaheim Center for
Entertainment, LLC, as authorized agent for Excel Pointe Anaheim,
LLC, submitted requests on October 29, 2001 for General Plan
Amendment No. 2001-00393, Amendment No. 5 to The Disneyland
Resort Specific Plan No. 92-1, Amendment to Conditional Use
Permit No. 4078, a request for the City of Anaheim to enter into
the First Amended and Restated Development Agreement No. 99-1
with Excel Pointe Anaheim, LLC, and Amendment No. 3 to The
Anaheim Resort Public Realm Landscape Program (the "Proposed
Project Actions," which Proposed Project Actions address the
Pointe Anaheim project as proposed to be modified, including
development in up to five phases over time; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application for modification of Conditional Use
Permit No. 4078 with waiver of Code required parking at the
Anaheim Civic Center, Council Chambers, 200 South Anaheim
Boulevard in the City of Anaheim, on November 19, 2001, at 1:30
p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of Chapter
18.03 of the Anaheim Municipal Code to hear and consider evidence
for and against the proposed project action and to investigate
and make findings and recommendations in connection therewith;
and
WHEREAS, said Planning Commission, by its Resolution
No. ?C2001-159, as supplemented by its Resolution No. PC2002-22,
has found and determined that the Addendum to the Pointe Anaheim
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Initial Study and Mitigated Negative Declaration and the Modified
Mitigation Monitoring Plan No. 004 were prepared in compliance
with the requirements of the California Environmental Quality Act
and the State and City of Anaheim CEQA Guidelines; that as
demonstrated by the analysis included in said addendum for all
environmental issues, the Proposed Project Actions will not
result in new significant impacts or substantial increases in the
severity of previously identified significant impacts and no
supplemental or subsequent environmental review is required; that
said addendum and the Modified Mitigation Monitoring Plan No.
004, as corrected at the Commission meeting, are adequate to
serve as the required environmental documentation for the
Proposed Project Actions; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt it's Resolution No. PC2001-63 granting a
modification to Conditional Use Permit No. 4078 with a waiver of
the required number of parking spaces required by the Anaheim
Municipal Code; and
WHEREAS, thereafter, the Planning Commission, on its
own motion, requested review of its decision by the City Council;
and
WHEREAS, upon receipt of said request for review, the
City Council did fix the llth day of December, 2001, as the time,
and the City Council Chamber in the Civic Center as the place for
a public hearing on said modification to Conditional Use Permit
with waiver of the minimum number of parking spaces required by
the Anaheim Municipal Code and did give notice thereof in the
manner and as provided by law, and thereafter duly continued the
public hearing to January 8, February 12 and February 26, 2002;
and
WHEREAS, the City Council did hold and conduct said
noticed public hearing on February 26, 2002 and did give all
persons interested therein an opportunity to be heard and did
receive evidence and reports to consider the Addendum to the
Pointe Anaheim Mitigated Negative Declaration and Modified
Mitigation Monitoring Plan No. 004, General Plan Amendment No.
2001-393, Amendment No. 5 to The Disneyland Resort Specific Plan
No. 92-1 (including amendments to the Land Use Plan, Design Plan,
Zoning and Development Standards and Conditions of Approval,
Amendment to Conditional Use Permit No. 4078 with Waiver of Code
Requirement, Amendment No. 3 to the Anaheim Resort Public Realm
Landscape Program and First Amended and Restated Development
Agreement No. 99-01; and
WHEREAS, the City Council, after due consideration of
Planning Commission Resolution No. PC2001-163, including all
files, records, exhibits and plans pertaining to the application
and the Planning Commission hearing which were made available to
the City Council, and all evidence, testimony, and reports
offered at the February 26, 2002, City Council hearing and the
recommended additional conditions of approval recommended by
staff, as indicated in the November 19, 2001, staff report, and
at the public hearing, does hereby find as follows:
1. That based upon the information contained in the
approved Pointe Anaheim Transportation Study (Revised),
dated March 12, 2001, and prepared by Meyer, Mohaddes
Associates, supplemented by the letter dated February 7,
2002 prepared by Meyer, Mohaddes Associates, attached to the
Addendum to the Pointe Anaheim Initial Study and Mitigated
Negative Declaration Revised February 21, 2002, and the
evidence presented, the City Council finds that the
conditions required by Section 18.06.080 of the Anaheim
Municipal Code for granting of a parking variance exist as
follows:
a. That the parking demand analysis determined
the peak parking demand to be 3,573 spaces at 1 PM and
that inasmuch as 4,800 striped parking spaces at and 15
bus spaces at full project buildout, will be provided
pursuant to the mitigation measures set forth in
Modified Mitigation Monitoring Plan No. 004, the waiver
will not cause fewer spaces to be provided for the
Pointe Anaheim project than the number of such spaces
necessary to accommodate all vehicles attributable to
the Pointe Anaheim project under the normal and
reasonably foreseeable conditions of operation of such
use; and
b. That on-street parking is not provided on any
of the streets in the immediate vicinity of the
proposed project, so visitors to the project would not
expect to park on the street; that visitors will park
in the on-site parking structure provided at the Pointe
Anaheim project; that, in accordance with the
mitigation measures set forth in Modified Mitigation
Monitoring Plan No. 004, the parking structure will
accommodate 4,800 striped parking spaces at and 15 bus
spaces at full project buildout, which is more than the
1 PM peak parking demand of 3,573 spaces; and that,
therefore, the waiver will not increase the demand and
competition for parking spaces upon the public streets
in the immediate vicinity of the Pointe Anaheim
project; and
c. That, as demonstrated in the parking
analysis, the Pointe Anaheim parking structure will
provide adequate spaces to meet the project's parking
demands on-site, so the waiver will not increase the
demand and competition for parking spaces upon adjacent
private property in the immediate vicinity of the
?ointe Anaheim project; and
d. That on-site circulation in the parking
structure will be designed to minimize congestion on-
site and that pursuant to the mitigation measures set
forth in Modified Mitigation Monitoring Plan No. 004
and the Pointe Anaheim Overlay zoning and site
development standards, the parking structure layout and
signing plan will be reviewed and approved by the City
Traffic and Transportation Manager prior to Final Site
Plan approval for each development phase and,
therefore, the waiver will not increase traffic
congestion within the off-street parking areas or lots
provided for such use; and,
e. That the City Traffic and Transportation
Manager has reviewed the transportation study and
determined that, with the exception of the driveway on
Katella Avenue which is conditioned to be combined with
the Super 8 Motel driveway or redesigned to comply with
Code requirements, the proposed Pointe Anaheim driveway
entry and exit locations are appropriate for the
project site; and that with the installation of a
right-turn lane on the south side of Disney Way and
installation of dual left turn lanes for west-bound
traffic along Disney Way to the signalized project
entry between Harbor Boulevard and Clementine Street,
the waiver, pursuant to the mitigation measures set
forth in Modified Mitigation Monitoring Program No.
004, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the
immediate vicinity of the use, as proposed to be
modified.
2. That this amendment to Conditional Use Permit No.
4078 to permit the development of the Pointe Anaheim Project
with waiver of minimum number of parking spaces (7,668
spaces required; 4,800 striped parking spaces and 15 bus
spaces in a parking structure at full project buildout
provided), as amended to conform with Amendments No. 5 to
The Disneyland Resort Specific Plan, and staff's recommended
conditions of approval set forth in this Resolution
(including Modified Mitigation Monitoring Plan No. 004,
which is attached hereto as Attachment No. 2 and
incorporated herein by this reference), meets all the
required showings of Section 18.03.030.030 for grant of a
conditional use permit, based upon the evidence presented,
as follows:
a. That the proposed use is properly one for
which a conditional use permit is authorized by Anaheim
Municipal Code Sections 18.78.095.050, 18.78.100.050
and 18.78.105.020 to permit the Pointe Anaheim
Lifestyle Retail and Entertainment Complex (the "Pointe
Anaheim Project") consisting of up to 634,700 gross
square feet of retail/dining/entertainment uses, which
includes a 94,000 square foot aquarium; up to four
hotels comprising a maximum of 1,662 hotel rooms/suites
(of which up to 200 units may be Vacation Ownership
Resort units) with approximately 322,071 gross square
feet of related accessory uses of which up to 178,120
gross square feet on top of the parking structure may
be used for a hotel conference center (the hotel
rooms/suites and accessory uses would encompass a
maximum of 1,370,711 gross square feet); and a
1,949,800 gross square foot parking structure with up
to 4,800 striped parking spaces and 15 bus spaces with
a 10,200 square foot bus terminal/facility for airport
transport and to/from sightseeing venues; and that the
proposed development of the Pointe Anaheim Project
would take place in up to five phases over time; and
b. That as demonstrated in the findings set
forth in City Council Resolution No. 2002R-55 approving
Amendment No. 5 to The Disneyland Resort Specific Plan,
which amendment establishes the provisions for the
Pointe Anaheim Overlay and the development of the
Pointe Anaheim project, as amended, the proposed
Pointe Anaheim project uses will not adversely affect
the adjoining land uses and the growth and development
of the area in which it is proposed to be located; and
c. That inasmuch as the Pointe Anaheim project,
as amended, is proposed to be developed in accordance
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with the zoning and site development standards set
forth for the Pointe Anaheim Overlay, as amended, the
size and shape of the site for the proposed use is
adequate to allow the full development of the proposed
use in a manner not detrimental to the particular area
nor to the peace, health, safety, and general welfare;
and
d. That as demonstrated in the Pointe Anaheim
Transportation Study (Revised), dated March 12, 2001
and prepared by Meyer, Mohaddes Associates, Inc., the
traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed
and improved to carry the traffic in the area.
e. That granting this amended conditional use
permit, under the conditions of approval imposed by
this Resolution, including Attachment No. 2, will not
be detrimental to the peace, health, safety and general
welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
the modifications to Conditional Use Permit No. 4078 be, and the
same are hereby, granted for the Pointe Anaheim project to
entitle the uses, maximum gross square footage and conceptual
site plans and elevations with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTION NOS. 18.06.050.020 -
18.06.080 AND
18.78.110.010.0104
Minimum number of parkinq spaces
(6,581 spaces required; up to 4,800
spaces in the parking structure
proposed at full project buildout)
subject to the conditions of approval to this Resolution set
forth below, which include all mitigation measures, including
project design features set forth in Modified Mitigation
Monitoring Plan No. 004 for this project as required by Section
21081.6 of the Public Resources Code as follows:
A~NDED AND RESTATED CONDITIONS OF APPROVAL
ELECTRICAL
1. That prior to issuance of each building permit, unless
records indicate previous payment, a fee for street lighting
purposes shall be paid to the City of Anaheim based on the length
of street frontage in an amount as established by City Council
resolution with credit against the fee given for city-authorized
improvements installed by the property owner/developer.
(The Disneyland Resort Specific Plan ["SP"] Condition No.
2. That pedestrian walkways in the public rights-of-way
shall be reviewed and approved by the Public Utilities
Department, Electrical Services Division, and the Police
Department prior to installation.
3. That prior to approval of each tentative tract or
parcel map or each airspace or vertical subdivision map for the
Pointe Anaheim project, or prior to issuance of each building
permit, whichever occurs first, public utility easements
("PUE's") will be recorded and/or abandonment of PUE's will be
processed to the satisfaction of the Public Utilities Department
for the following circumstances:
A. As a result of increases in rights-of-way, where
electrical and communication facilities are located adjacent to
the existing right-of-way, the facilities shall be either located
within the new right-of-way or relocated to new adjacent areas,
requiring a PUE.
B. The undergrounding of power and communication
lines along the major streets will result in the need to obtain
PUE's for placement of pad mounted equipment and related
facilities required as a result of the overhead to underground
conversion work.
C. Alterations to existing private buildings and/or
construction of new structures (buildings, signs, landscaping
elements, etc.) may require relocation of existing electrical
and/or communication facilities. This will require abandonment
of existing PUE's and recordation of new PUE's to accommodate
such relocation.
4. A. That the roadway lighting of all public streets
shall be designed in accordance with the Anaheim Resort Identity
Program and associated construction specifications.
C. That the property owner/developer shall pay or
cause to be paid all costs associated with replacing the existing
City of Anaheim street light system within the public rights-of-
way adjacent to or within The Disneyland Resort Specific Plan
Area with street lights designed in accordance with the Anaheim
Resort Identity Program. (SP Condition No. 4-A and C)
ENGINEERING
5. That the following street design elements shall be
shown on each tentative tract or parcel map:
A. Street cross-sections, including dimensions,
labels, General Plan Circulation Element designation (i.e.,
Resort Secondary), and whether public or private;
B. Street grades and vertical alignment; and
C. Horizontal alignment, including centerline radii,
and cul-de-sac radii. (SP Condition No. 5-A through C)
6. That prior to approval of each final tract or parcel
map, vehicular access rights to all public streets adjacent to
subject tract or parcel, except at approved access points, shall
be released and relinquished to the City of Anaheim.
(SP Condition No. 6)
7. That prior to approval of each street improvement plan,
the following shall be provided {for a one (1) year maintenance
period) in a manner acceptable to the City Engineer:
A. Public Realm parkway and median island landscaping
and irrigation maintenance. (The "Public Realm" is described in
subsection 5.3 "Landscape Concept Plan" of Section 5.0 "Design
Plan" of The Disneyland Resort Specific Plan document.)
B. Provision for replacement of any tree planted in
accordance with landscaping plans in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
(SP Condition No. 7-A and B)
8. That prior to issuance of each grading permit, a rough
or precise grading plan prepared by a registered Civil Engineer
shall be submitted to the City Engineer for review and approval.
(SP Condition No. 8)
9. That all storm drain, sewer and street improvement
plans shall be designed and improvements constructed to the
satisfaction of the City Engineer. (SP Condition No. 9)
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FIRE
10. That prior to approval of each Final Site Plan and
prior to issuance of each building permit, plans shall be
reviewed and approved by the Fire Department as being in
conformance with the Uniform Fire Code. (SP Condition No. 10)
11. That prior to placement of building materials on a
building site, an all-weather road/driving surface shall be
provided from the roadway system to and on the construction site
and to fire hydrants at all times, as required by the Fire
Department. Such routes shall be paved or, subject to approval
of the Fire Department, shall otherwise provide adequate
emergency access. Every building constructed must be accessible
to Fire Department apparatus. The width and turning radius of
the driving surface must meet the requirements of Section 902
"Fire Department Access" of the Uniform Fire Code as adopted by
the City of Anaheim.
12. That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as required and
approved by the Fire Department. (SP Condition No. 12)
13. That prior to approval of on-site water plans, unless
each commercial building is initially connected to separate fire
services, an unsubordinated covenant satisfactory to the City
Attorney's Office shall be recorded prohibiting any individual
sale of buildings until separate fire services are installed in
the building(s) subject to the sale. (SP Condition No. 13)
LANDSCAPING
14. That root and sidewalk barriers shall be provided for
trees (with the exception of palm trees) within seven (7) feet of
public sidewalks, unless determined to be unnecessary by the City
Engineer. (SP Condition No. 17)
15. That all trees planted in the Public Realm shall be
planted in accordance with the standard City specifications.
16. That prior to final building and zoning inspections, a
licensed landscape architect shall certify to the Planning
Department that all landscaping has been installed in accordance
with landscaping plans approved by the City and on file with the
Building Division of the Planning Department. (SP Condition No.
19)
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17. That on-site non-Public Realm landscaping and
irrigation systems, and Public Realm landscaping and irrigation
systems within area~ in which dedication has not been accepted by
the City, shall be maintained by the property owner/developer in
compliance with City standards. (SP Condition No. 20)
18. That any tree planted within the Setback Realm shall be
replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dies. (The "Setback Realm" is described
in subsection 5.3 "Landscape Concept Plan" of Section 5.0 "Design
Plan" of The Disneyland Resort Specific Plan document.) (SP
Condition No. 21)
19. That a licensed arborist shall be responsible for all
tree trimming within the Setback Realm. (SP Condition No. 22)
NOISE
20. That prior to the commencement of construction
activity, the property owner/developer shall install and maintain
specially designed construction barriers at the construction
project perimeter areas. The construction sound barriers shall
be a minimum height of eight (8) feet with a minimum surface
weight of one and one-quarter pounds (1.25 lbs.) per square foot
or a minimum Sound Transmission Class Rating (STC) of 25. The
structure shall be a continuous barrier. Gates and other entry
doors shall be constructed with suitable mullions, astragals,
seals, or other design techniques to minimize sound leakage when
in the closed position. Access doors should be self closing
where feasible. Vision ports are permissible providing they are
filled with an acceptable solid vision product. (SP Condition No.
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21. That sweeping operations in the parking facilities and
private streets or on-site roadways shall be performed utilizing
sweeping/scrubbing equipment which operates at a sound level
measuring not greater than 60 dba at the nearest adjacent
property line. (SP Condition No. 24)
22. That pressure washing operations for purposes of
building repair and maintenance due to graffiti or other
aesthetic considerations shall be limited to daytime hours of
operation between 7:00 a.m. and 8:00 p.m. (SP Condition No. 25)
PLANNING RELATED
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23. 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, and with
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1.
(It should be noted that Amendment No. 4 and Amendment No. 5 to
The Disneyland Resort Specific Plan No. 92-1 text and
accompanying exhibit changes relate to development which may
occur under the Pointe Anaheim Overlay only. These changes are
set forth in Ordinance No. 5689 and Ordinance No. 5807. Except
as specifically set forth in said ordinances, 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
Adjustments to The Disneyland Resort Specific Plan (Ordinance
Nos. 5613, 5736 and 5768), remain unchanged.
(SP Condition No. 27)
24. That the Final Site Plans for each development phase of
Pointe Anaheim (as shown on Exhibit No. 1, titled "Phasing
Diagram" and dated November 19, 2001) shall be prepared in
conformance with the Anaheim Resort Specific Plan Final Site Plan
submittal requirements on file with the Zoning Division of the
Planning Department. Prior to issuance of building permits,
construction plans shall be in substantial conformance with said
Final Site Plans.
25. That prior to issuance of building permits, unless
records indicate previous payment, a fee for street tree purposes
shall be paid or caused to be paid to the City of Anaheim based
on the length of street frontage in an amount as established by
City Council resolution with credit against the fee given for
City-authorized improvements installed by the property
owner/developer. (SP Condition No. 30)
26. That prior to final building and zoning inspections,
all air conditioning facilities and other roof and ground mounted
equipment shall be shielded from public view as required by the
Specific Plan and the sound buffered to comply with the City of
Anaheim noise ordinances from any adjacent residential or
transient-occupied properties. Such information shall be
specifically shown on the plans submitted for building permits.
(SP Condition No. 31)
27. That prior to final building and zoning inspections,
all plumbing or other similar pipes and fixtures located on
building exteriors shall be fully screened from view of adjacent
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public rights-of-way and from adjacent properties by
architectural devices and/or appropriate building materials; and,
further, that such information shall be specifically shown on the
plans submitted for building permits. (SP Condition No. 32)
28. That the property owner/developer shall be responsible
for removal of any on-site graffiti within twenty four (24) hours
of its application. (SP Condition No. 33)
29. That the location and configuration of all lighting
fixtures including ground-mounted lighting fixtures utilized to
accent buildings and landscape elements, or to illuminate
pedestrian areas, shall be shown on all Final Site Plans. Ail
lighting fixtures shall be shielded to direct lighting toward the
area to be illuminated. Ail lighting fixtures, types and
locations shall be identified on the plans submitted for building
permits. (SP Condition No. 34)
30. That in connection with the submittal of Final Site
Plans, building elevations shall show that the rear elevations of
buildings visible from a five (5) foot high view point from off-
site areas shall be architecturally accented to portray a
finished look. (SP Condition No. 35)
31. That in the event a parcel is subdivided and there is a
need for common on-site circulation and/or parking, prior to
recordation of a subdivision map, an unsubordinated covenant
providing for reciprocal access and/or parking, as appropriate,
approved by the City Traffic and Transportation Manager and 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 then be
submitted to the Planning Division of the Planning Department.
(SP Condition No. 36)
32. That no shuttle/bus/vehicular drop-off areas shall be
permitted in hotel/motel or vacation resort front setback areas.
(SP Condition No. 37)
POLICE
3~. That prior to approval o[ the Final Site Plan for each
development phase and prior to issuance of each building permit,
the Anaheim Police Department shall review and approve plans for
safety, accessibility, crime prevention, and security provisions
during both the construction and operative phases.
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33.a That prior to issuance of the first building permit for
Area B shown on Exhibit No. 1 (titled "Phasing Diagram" and dated
November 19, 2001), the plans which are required to be submitted
for the police/security office (to comply with the mitigation
measures identified in Mitigation Monitoring Plan No. 004) shall
make provision for the following: changing rooms, restrooms,
general office space, public reception counter, adequate storage,
and a temporary detention area, to the satisfaction of the Police
Department.
33.b That prior to issuance of each building permit, the
plans which are required to be submitted to the Police Department
regarding safety and security measures incorporated into the
project including the parking structure {to comply with the
mitigation measures identified in Mitigation Monitoring Plan No.
004) shall include the use of bi-directional antennae to insure
performance of public safety radio communications equipment (800
Mhz) in eighty five percent (85%) of any structure or developed
area, as determined to be necessary by the Police Department.
STREET MAINTENANCE
34. That trash storage areas shall be provided and
maintained in locations acceptable to the Department of
Maintenance and in accordance with approved plans on file with
said Department. Such information shall be specifically shown on
the plans submitted for building permits. {SP Condition No. 41)
TRAFFIC/CIRCULATION
35. That gates shall not be installed across any driveway
or private street in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation
of any gates shall conform to Engineering Standard Plan No. 402
(titled "Parking Structure & Ramp Standard Detail") and shall be
subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
(SP Condition No. 44)
36. That prior to approval of the Final Site Plan, plans
for vehicular and pedestrian circulation shall be submitted to
the City Traffic and Transportation Manager for review and
approval showing conformance with Section 5.0 "Design Plan" of
the Specific Plan document pertaining to parking standards.
Subject property shall be developed and maintained in conformance
with said plans. (SP Condition No. 45)
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37. That all driveways shall be constructed to the
satisfaction of the City Engineer with radius curb returns
ranging from eight {8) to thirty five (35) feet, unless otherwise
approved by the City Engineer. (SP Condition No. 46)
38. That prior to approval of the Final Site Plan for the
parking structure or, if Pointe Anaheim is developed in phases,
prior to approval of the Final Site Plan for each development
phase shown on Exhibit No. 1, titled "Phasing Diagram" and dated
November 19, 2001 (portions of the parking structure may be in
separate phases), 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.
39. That all engineering requirements of the City of
Anaheim, including preparation of improvement plans and
installation of all improvements such as curbs and gutters,
sidewalks, water facilities, street grading and pavement, sewer
and drainage facilities, or other appurtenant work shall be
complied with as required by the City Engineer and in accordance
with specifications on file in the Office of the City Engineer,
as may be modified by the City Engineer; and that security in the
form of a bond, certificate of deposit, letter of credit,
completion guarantee or cash, in an amount and form satisfactory
to the City of Anaheim, shall be posted with the City to
guarantee the satisfactory completion of said improvements. Said
security shall be posted with the City prior to the issuance of a
building permit or prior to approval of a final subdivision map,
whichever occurs first, to guarantee the installation of the
related improvements prior to final building and zoning
inspections in accordance with an approved construction phasing
plan.
40. That prior to issuance of each building permit, the
appropriate Citywide Transportation Impact and Improvement Fee
(as set forth in Chapter 17.32 of the Anaheim Municipal Code)
shall be paid to the City of Anaheim in the amount(s) determined
by City Council resolution. Consistent with the Fee Ordinance,
fees may be reduced in consideration of right-of-way dedication
and/or Master Plan of Arterial Highway facility construction.
(S? Condition No. 53)
41. That prior to issuance of building permits for each
development phase (as shown on Exhibit No. 1, titled "Phasing
Diagram" and dated November 19, 2001), the property
owner/developer shall provide proof of their participation in the
15
Anaheim Transportation Network ("TMA") to be created for the
Anaheim Resort and Anaheim Stadium Business Center and
coordinated with the I-5 Traffic Management Plan.
WATER
42. That prior to final building and zoning inspections,
the water backflow equipment and any other large water system
equipment shall be installed to the satisfaction of the Public
Utilities Department, Water Utility Division, in either
underground vaults or behind the Setback Realm area in a manner
fully screened from all public streets and alleys. Such
information shall be specifically shown on the plans submitted
for Final Site Plan approval and for building permits.
(SP Condition No. 60)
42.a That if landscaping areas for the total project exceed
two thousand five hundred (2,500) square feet, a separate
irrigation meter shall be installed in compliance with Chapter
10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code
and Ordinance No. 5349. Said information shall be specifically
shown on the plans submitted for building permits.
42.b That the property owner/developer shall submit a set of
improvement plans for Public Utilities Water Engineering review
and approval for determining the conditions necessary for
providing water service to the project.
MISCELLANEOUS
43. That in conjunction with construction of the parking
structure, no impact driven piles shall be allowed. (SP Condition
No. 63)
44. That the property owner/developer shall be held
responsible for compliance with the mitigation measures and for
implementation of the project design features identified in
Modified 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 o~ those mitigation measure~
and project design features identified in Modified Mitigation
Monitoring Plan No. 004. Modified Mitigation Monitoring Plan No.
004, which includes mitigation measures and project design
features, is attached and made a part of these conditions of
approval. (SP Condition No. 67b)
16
45. That Final Site Plans required pursuant to Condition
No. 24, herein, shall be supplemented with the following
plans/materials/information which shall be submitted as part of
the Final Site Plan application for each development phase (as
shown on Exhibit No. 1, titled "Phasing Diagram" and dated
November 19, 2001). Ail plans shall be fully-dimensioned and
drawn to scale.
A. A site plan showing all proposed project
components of the development phase (including, but not limited
to, all buildings, landscape areas,) parking areas, hardscape
areas, fountains/water features, works of art, and the adjacent
street improvements.
B. Preliminary Grading Plan for the development phase
of the Pointe Anaheim Overlay area, prepared by a registered
civil engineer as required by, and to the satisfaction of, the
City Engineer.
building.
Elevation plans showing all views of each proposed
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 the proposed landscape plant/tree palette (ten (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
17
how any above-ground equipment is fully screened by landscaping
from any public view.
H. Colored renderings (one (1) full-scale set and ten
(10) reduced color copies) of the site improvements to show the
building elevations from Harbor Boulevard, Katella Avenue,
Clementine Street, and Disney Way, and views of the interior
portions of the site. Additionally, where a development phase
adjoins a future development phase (as yet undeveloped under the
Pointe Anaheim Overlay), a colored rendering shall be provided to
illustrate the building elevation(s) facing that future phase.
I. Material and color boards for each building,
including the parking structure, 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 submitted plan
shall show the location and dimensions of any proposed pedestrian
walkways from the public sidewalk and from any adjacent existing
Pointe Anaheim development phase to the uses in the proposed
phase. The plan shall also show continuity of decorative paving
materials between the proposed development phase and any existing
development phase. 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 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, as amended.
L. That the lighting fixture plan shall include the
style of the fixtures which shall be compatible with the project
theme.
M. That any existing adjacent development on the 29.1
acre Pointe Anaheim site shall be shown on the site plan or other
appropriate plan(s) to clearly illustrate the relationship
between the proposed construction on each development phase and
existing development/uses on adjoining development phase(s).
Such additional information is intended to illustrate vehicle and
pedestrian circulation between development phases, access to
18
public rights-of-way, shared parking spaces, continuity of
building design and placement (including the parking structure),
lines-of-sight to the interior of the Pointe Anaheim project from
public rights-of-way and adjacent properties, etc.
N. That the developer shall provide information
regarding the development status of the other development phases
(i.e., vacant, pre-existing use, construction underway in
accordance with Pointe Anaheim uses, construction completed in
accordance with Pointe Anaheim uses, etc.) for the property in
the Pointe Anaheim site under the control of the developer.
O. That in connection with development in the 29.1-
acre Pointe Anaheim Overlay, submittal of any Final Site Plan
adjacent to a development phase which is vacant or which is not
developed in accordance with Pointe Anaheim Overlay shall show
that a minimum ten (10) foot setback, fully landscaped, shall be
provided and maintained along the property line separating said
development phases.
P. That any portion of the 29.1 acre Pointe Anaheim
Overlay not developed in accordance with the Pointe Anaheim
Lifestyle Retail and Entertainment Complex may be developed in
accordance with the underlying Disneyland Resort Specific Plan
Parking District (East Parking Area) requirements or the
underlying District A or C-R Overlay requirements, as set forth
in Chapter 18.78 of the Anaheim Municipal Code, and within the
parameters established by EIR No. 311 for The Disneyland Resort
Specific Plan and EIR No. 313 for the Anaheim Resort Specific
Plan. (SP Condition No. 76)
46. That in connection with submittal of the Final Site
Plan application for the Initial Development Phase (as shown on
Exhibit No. 1 titled "Phasing Diagram" and dated November 19,
2001), the property owner/developer shall submit a coordinated
signage program for the entire Pointe Anaheim project for
Planning Commission's review and approval as part of the Final
Site Plan application for said Initial Development Phase. The
signs for each subsequent development phase shall be included in
the Final Site Plan application for such subsequent phase, and
shall comply with the signage program approved by the Planning
Commission for the Initial Phase, as it may be amended from time
to time. The sign 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
19
type of sign, banner or other display device; the quality of such
signage shall be equivalen~ 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 staff report to the Planning Commission
shall include a recommendation by the Planning Director regarding
his or her determination as to the orientation of such displays.
Such displays shall not be visible from the public rights-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 (as shown on Exhibit 5.8.3.f.5, titled "Interior
Signage and Icon/Themed Signage Element Plan," of The Disneyland
Resort Specific Plan No. 92-1 document).
C. Sign criteria limiting interior wall signs from
projecting more than fifty percent (50%) of the vertical height
of the sign above the roof parapet or fifty (50%) of the
horizontal length of the sign beyond the side of a building.
Such signs shall not be visible from the public rights-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 (as shown on Exhibit 5.8.3.f.5, titled "Interior
Signage and Icon/Themed Signage Element Plan," of The Disneyland
Resort Specific Plan No. 92-1 document).
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 (as defined in Chapter 18.78.130 of the
Anaheim Municipal Code pertaining to sign regulations for The
2O
Disneyland Resort Specific Plan) which are not part of a
coordinated architectural, informational, directional and
regulatory sign system and which have not been approved under
subsection 18.78.105.020.0203(e) pertaining to conditionally
permitted uses in the Pointe Anaheim Overlay; 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 s~orage 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.
(SP Condition No. 77-A through F)
47. That a maximum of one (1) "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 ten thousand (10,000) square feet; and
that the location of these wall signs shall be identified on the
building elevations submitted as part of each Final Site Plan
application and shall be subject to the review and approval of
the Planning Commission as part of the Final Site Plan.
(SP Condition No. 78)
48. 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 approved by the Planning Commission, and with the
major commercial tenant wall sign locations adopted in connection
with approval of the Final Site Plan for the underlying
development phase. (SP Condition No. 79)
49. That prior to submittal of the Final Site Plan
application for Area A (as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the site plan
shall show that the driveway for ?ointe Anaheim and the driveway
for the Super 8 Motel at 415 West Katella Avenue have been
redesigned to combine the driveways or to meet the distance
requirement set forth in The Disneyland Resort Specific Plan
(i.e., minimum forty (40) foot wide distance between driveways
serving adjacent parcels). If redesigned to combine the
driveways, proof of an agreement with the adjacent property owner
shall also be provided to the satisfaction of the City Attorney's
Office. (SP Condition No. 80)
50. That prior to submittal of the Final Site Plan
application for the Initial Phase of Development or for Area A
21
(as shown on Exhibit No. 1, titled "Phasing Diagram" and dated
November 19, 2001), whichever occurs first, 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 issuance of the first final building and zoning
inspection, or prior to commencement of activities/uses pursuant
to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
occurs first. (SP Condition No. 81)
51. That prior to submittal of the Final Site Plan
application for Area C and/or Area D (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), 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 Disney Way from the parking
garage driveway exit to Clementine Street (thirteen (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 issuance of the first final building and zoning
inspection, or prior to commencement of activities/uses pursuant
to Section 18.02.026.020 of the Anaheim Municipal Code, whichever
occurs first. (SP Condition No. 82a)
51.a That prior to submittal of the Final Site Plan
application for Area C and/or Area D (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), whichever
occurs first, the property owner/developer shall submit street
improvement plans to the Public Works Director for construction
of a driveway on the south side of Disney Way to provide
signalized ingress and egress, including a pedestrian cross walk,
between Pointe Anaheim and west and eastbound traffic along
Disney Way. The property owner/developer shall be responsible
for all costs associated with the preparation and processing of
said street improvement plans and all costs associated with the
construction of the improvements to the satisfaction of the
Public Works Director. These improvements shall be completed
22
prior to the first final building and zoning inspection for Area
C and/or Area D, whichever occurs first, or prior to commencement
of activities/uses pursuant to Section 18.02.026.020 of the
Anaheim Municipal Code, whichever occurs first.
51.b That prior to submittal of the Final Site Plan
application for Area D (as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the property
owner/developer shall submit street improvement plans to the
Public Works Director for construction of a right-turn lane on
the south side of Disney Way from Harbor Boulevard to the mid-
block project entrance. The property owner/developer shall be
responsible for all costs associated with the preparation and
processing of the street improvements 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, or prior to commencement of
activities/uses pursuant to Section 18.02.026.020 of the Anaheim
Municipal Code, whichever comes first.
51.c That prior to submittal of the Final Site Plan
application for Area C (as shown on Exhibit No. 1, titled
"Phasing Diagram" and dated November 19, 2001), the property
owner developer shall demonstrate, to the satisfaction of the
Public Works Director, the feasibility of constructing dual left
turn lanes in Disney Way between the mid-block project entrance
and Clementine Street; and that prior to submittal of the Final
Site Plan application for Area D (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), the
property owner/developer shall construct, to the satisfaction of
the Public Works Director, the dual left turn lanes. The
property owner/developer shall be responsible for all costs
associated with the preparation and processing of the street
improvements plan and all costs associated with the construction
of the improvements to the satisfaction of the Public Works
Director. Working in cooperation with the City of Anaheim and
property owner on the north side of Disney Way, these
improvements shall be completed prior to the issuance of the
first final building and zoning inspection, or prior to
commencement of activities/uses pursuant to Section 18.02.026.020
of the Anaheim Municipal Code, whichever comes first.
52. That prior to submittal of the Final Site Plan
applications for Area C and Area D (as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001), the
property owner/developer shall redesign the site plan adjacent to
the Disney Way improvements addressed in Condition No. 51,
23
herein, (Condition No. 82a of The Disneyland Resort Specific
Plan) to maintain the minimum building setbacks adjacent to
Disney Way. (SP Condition No. 82b)
(Condition No. 53 intentionally deleted)
54. A. That in connection with submittal of the Final Site
Plan application for each development phase, the property
owner/developer shall provide information regarding the ownership
and/or long term lease status of each of the underlying parcels,
including any airspace or vertical subdivision, of the 29.1 acre
Pointe Anaheim project (i.e., whether the parcels are owned,
leased, under negotiation, etc.). (SP Condition No. 84)
B. That prior to the Planning Commission's review of
Final Site Plans for each development phase, a notice shall be
mailed to the property owners within a three hundred (300) foot
radius of the Pointe Anaheim Project site advising them of the
Planning Commission meeting.
55. That in connection with submittal of the Final Site
Plan application for each development phase, the property
owner/developer shall submit the anticipated construction
schedule for each of the remaining project components by
development phase; and that an updated schedule shall be
submitted to the Planning Department every six (6) months until
the project is completed. (SP Condition No. 85)
56. That 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, Disney 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 approval of the Final Site Plan
application for each development phase (as shown on Exhibit No.
1, titled "Phasing Diagram" and dated November 19, 2001), 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
24
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 each Final Site Plan.
B. Prior to approval of the Final Site Plan
application for each development phase, the property
owner/developer shall submit a plan, as required by the Public
Works Department for review and approval by the Public Works
Director, identifying (and updating) the sequence and timing of
all street improvements along Disney Way, Clementine Street,
Katella Avenue and Harbor Boulevard. Said street improvement
plans shall include all driveways, traffic signals, pedestrian
cross walks, etc. The phasing and timing for commencing and
completing any or all of the street improvements shall be as
required by Public Works Director.
C. That prior to the first final building and zoning
inspection or prior to commencement of activities/uses pursuant
to Section 18.02.026.020 of the Anaheim Municipal Code for the
Initial Phase of Development, the property owner/developer shall
install the driveway on Disney Way to provide access to the
Pointe Anaheim Project, as required by the Public Works Director
and in conformance with City Engineering Standards.
D. Prior to issuance of the first building permit for
each development phase, the final plan for the street
improvements associated with the underlying development phase
shall be prepared to the satisfaction of the Public Works
Director and be reviewed and approved by the Public Works
Director.
E. Prior to the first final building and zoning
inspection for each development phase, or prior to commencement
of activities/uses pursuant to Section 18.02.026.020 of the
Anaheim Municipal Code, whichever occurs first, the street
improvements associated with the underlying development phase as
shown on the approved plan shall be completed to the satisfaction
of the Public Works Director. (SP Condition No. 86)
57. That the property owner/developer shall be responsible
for all costs associated with the review of each Final Site Plan
application by an architect, licensed by the State of California
and selected by the City, to review the Final Site Plan for
conformance with Section 5.0 "Design Plan" of The Disneyland
Resort Specific Plan. The property owner/developer shall pay all
costs associated with this review prior to each Final Site Plan
25
being scheduled for a Planning Commission meeting. (SP Condition
No. 87)
58. That prior to approval of each Final Site Plan, plans
shall show that no less than twenty percent (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. (SP Condition No. 88)
59. That prior to approval of each 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 rights-of-way, as measured from a five (5) foot
high view point from adjacent off-site areas. (SP Condition No.
89)
60. That no exterior-mounted air conditioning facilities
shall be permitted in the Pointe Anaheim Overlay. (SP Condition
No. 90)
61. That prior to approval of each 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. (SP Condition No. 91)
62. That prior to approval of each Final Site Plan, plans
shall show how all on-site service and loading area operations
shall be fully-screened from the public rights-of-way.
(SP Condition No. 92)
63. That prior to approval of each 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. (SP Condition No. 93)
26
64. That in the event that the building shown in the middle
of the Harbor Boulevard view corridor on Exhibit 5.8.3.f.5
(titled "Interior Signage and Icon/Themed Signage Element Plan")
of The Disneyland Resort Specific Plan No. 92-1 document, is
destroyed or proposed to be removed for any reason, it shall be
zeplaced with the construction of an equivalent structure (same
size and dimensions shown on said Exhibit 5.8.3.f.5 and on
Exhibit No. 7 (titled "Elevations, West Elevation - Harbor
Boulevard," dated November 19, 2001) approved in connection with
this conditional use permit) in order to provide for the same
limited views of the interior signage in this view corridor.
Prior to 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 the said building. Prior to
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.
(SP Condition No. 94)
65. 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. (SP Condition No. 95)
66. A. That granting of the parking waiver is contingent
upon operation of the use in conformance with the assumptions
and/or conclusions relating to the operation and intensity of use
as contained in the Pointe Anaheim Transportation Study
(Revised), dated March 12, 2001 and prepared by Meyer, Mohaddes
Associates, Inc., that formed the basis for approval of said
waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions and/or conclusions, as
contained in the Pointe Anaheim Transportation Study (Revised),
shall be deemed a violation of the expressed conditions imposed
upon said waiver which shall subject this conditional use permit
to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
(The Pointe Anaheim Transportation Study (Revised), dated March
12, 2001 and prepared by Meyer, Mohaddes Associates, Inc., is an
appendix to the Addendum to the Pointe Anaheim Initial Study and
Mitigated Negative Declaration, dated October 29, 2001.)
27
B. That prior to submittal of the Final Site Plan
application for each development phase (as shown on Exhibit No.
1, titled "Phasing Diagram" and dated November 19, 2001), the
property owner/developer shall submit a parking analysis to the
City Traffic and Transportation Manager for review and approval,
showing that the proposed number of parking spaces will be
adequate for said phase (i.e., the proposed land uses and
building areas). Further, because the parking for the Pointe
Anaheim project will be shared between multiple land uses, said
analysis shall include information regarding the number of
parking spaces, the land uses and the building areas in the
previously approved phases.
C. That following completion of the Initial Phase of
the Pointe Anaheim project and on-going during project operation,
the property owner/developer shall submit an annual parking
demand study to the City Traffic and Transportation Manager for
review and approval, to assess the adequacy of parking for the
Pointe Anaheim project and the availability of excess parking for
Convention Center overflow use. The study shall be paid for by
the property owner/developer and shall be prepared to the
satisfaction of the City Traffic and Transportation Manager. The
study shall evaluate the peak parking utilization for the entire
project to determine whether the available parking is adequate or
whether additional parking is needed. If the study indicates
that parking is deficient, then additional parking spaces, up to
a project total of 4,800 spaces at full buildout shall be
provided in accordance with the recommendations of the evaluation
and in conformance with the Disneyland Resort Specific Plan. The
parking demand study shall be prepared annually unless otherwise
required by the City Traffic and Transportation Manager.
67. That subject property shall be developed in substantial
conformance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1 through 9 (dated
November 19, 2001), as follows:
Exhibit No. 1
Exhibit No. 2
Exhibit No. 3
Exhibit No. 4
Exhibit No. 5
Exhibit No. 6
Exhibit No. 7
"Phasing Diagram"
"Overall Plan - Level 1 - Street Level"
"Overall Plan - Level 2"
"Overall Plan - Level 3"
"Overall Plan - Conference Center and Hotel
Towers"
"East Elevation - Clementine Street,
and South Elevation - Katella Avenue"
"West Elevation -Harbor Boulevard,
28
Exhibit No. 8
Exhibit No. 9
and North Elevation - Disney Way"
"North Elevation - Phase 1"
Section A - Thru Grand Hotel/Retail/Parking,
and Section B - Thru Toy
Hotel/Retail/Parking."
The Pointe Anaheim project will be developed in accordance
with the quality, design and architectural integrity as shown on
the illustrative exhibits. The referenced exhibits are
conceptual and development options included in the project are
not all depicted on the exhibits.
Additionally, in accordance with subsection
18.78.130.020.0201{b) (2) of the Anaheim Municipal Code, the view
corridors shall be shown on the Final Site Plans for those
development phases which have view corridors, as shown on Exhibit
5.8.3.f.5 "Interior Signage and Icon/Themed Signage Element Plan"
of The Disneyland Resort Specific Plan No. 92-1 document); and
the widths of those view corridors shall not exceed the corridor
widths shown on said Exhibit 5.8.3.f.5. The Pointe Anaheim
project shall be developed in accordance with the quality, design
and architectural integrity as shown on the illustrative Exhibit
Nos. 10 through 12 (dated November 19, 2001), which exhibits are
on file with the Planning Department.
The following four exhibits (dated November 19, 2001)
illustrate and summarize development alternates for the Initial
Phase:
Exhibit No. 13 "Initial Phase ALT-I"
Exhibit No. 14 "Initial Phase ALT-II"
Exhibit No. 15 "Initial Phase ALT-III"
Exhibit No. 16 "East Elevation (Initial Phase ALT-III)
and North Elevation {Initial Phase ALT-III)"
68. That the Pointe Anaheim project shall be developed in
up to five (5) development phases, as shown on Exhibit No. 1,
titled "Phasing Diagram" and dated November 19, 2001, as follows:
A. The property owner/developer shall obtain approval
of Final Site Plans, obtain the appropriate building and other
permits, and commence construction of the Initial Phase within a
period of three (3) years from the date of this resolution.
B. The property owner/developer shall complete the
construction of and open the improvements comprising the Initial
Phase within a period of two (2) years after commencement of
29
construction of the Initial Phase. "Opening" of the improvements
shall be defined as the opening of at least seventy five percent
(75%) of the total square footage of the uses within the
underlying phase.
C. Following the Initial Phase, the property
owner/developer shall use reasonable commercial efforts to
commence construction of subsequent development phases within
approximately two (2) years, but in no event later than four (4)
years, following the opening of the previous phase, provided the
timing of each subsequent phase will depend primarily on market
demand at the time, the availability of project financing, and
acquisition of land for the proposed uses.
D. The property owner/developer shall complete the
construction and open the improvements comprising each subsequent
development phase within a period of two (2) years after the
building permits for said phase were issued; provided, however,
that the final development phase shall commence construction
within a period of ten (10) years from the date of this
resolution.
Extensions for further time to comply with these conditions
may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
69. That approval of this application constitutes approval
of the proposed request only to the extent that it complies with
the Anaheim Municipal Zoning Code and any other applicable City,
State and Federal regulations. Approval does not include any
action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or
requirement.
70. That any time limitation set forth in the conditions of
approval to this Conditional Use Permit No. 4078, as amended,
shall be tolled during the period of time that the project is
delayed due to any third-party litigation and/or administrative
proceedings (not including any administrative proceedings
contemplated by the Conditions of Approval); any approval
required by the City (not including any period of time normally
expected for the processing of such approvals in the ordinary
course of affairs); enactment of conflicting state or federal
laws or regulations; judicial decisions; initiative or
referendum; moratoria; war; insurrections; strikes; walk-outs;
riots; floods; earthquakes; fires; unavoidable casualties; acts
30
of God; or similar basis for excused performance which are not
within the reasonable control of the property owner/developer.
71. That approval of this conditional use permit is
contingent upon the approval and adoption of General Plan
Amendment No. 393, Amendment No. 5 to The Disneyland Resort
Specific Plan, and Amendment No. 3 to the Anaheim Resort Public
Realm Landscape Program.
72. That the property owner/developer shall construct the
Pointe Anaheim project in up to five (5) phases and in accordance
with the following limitations:
A. The property owner/developer will not seek to
change the entitlements for the one thousand six hundred sixty
two (1,662) hotel rooms/suites to any other use; provided,
however, that the owner/developer may elect to construct up to
two hundred (200) vacation ownership resort units in Area D or
Area E (as shown on Exhibit 1, titled "Phasing Diagram" and dated
November 19, 2001) in lieu of two hundred (200) hotel
rooms/suites;
B. The hotel rooms will be developed as an integral
part of the Pointe Anaheim project; and
C. The design of the Pointe Anaheim project shall
incorporate the hotels as integral components of the site plan,
and the Pointe Anaheim project's construction shall be consistent
with said plan.
73. That a public art element shall be installed within the
boundaries of the Pointe Anaheim project. Prior to approval of
the Final Site Plan application for the Initial Phase of
development, the public art element concept (including
dimensions, location and timing for installation), shall be
submitted to the City of Anaheim for review and approval. The
public art element shall be installed prior to the first final
building and zoning inspections for the structures or components
in the development phase in which it is proposed to be located,
excluding the parking structure.
74. A. That prior to issuance of any permit by the City
of Anaheim for construction in any development phase(s) of the
Pointe Anaheim project, all pre-existing land uses, buildings and
structures on the property underlying said development phase(s)
shall have been removed; and that the property owner/developer
shall have obtained the appropriate permits from the City for the
31
removal or demolition off such buildings or structures. In no
event shall any land use, building, structure and/or other
improvement approved in connection with the Pointe Anaheim
project be allowed in addition to pre-existing land uses and/or
structures.
B. That the land uses permitted in each development
phase shall comply with those specified in Exhibits 5.8.3.f.1
(Street Level), 5.8.3.f.2 (Level 2), 5.8.3.f.3 (Level 3) and
5.8.3.f.4 (Roof Plan) of The Disneyland Resort Specific Plan No.
92-1 document and as shown on Exhibit Nos. 2, 3, 4 and 5,
approved pursuant to Condition No. 67, herein.
C. That the project development density shall not
exceed that which is specified in Exhibit 3.3.6b titled "Pointe
Anaheim Overlay Development Program" of The Disneyland Resort
Specific Plan No. 92-1 document.
D. That prior to issuance of the first building
permit or approval of the first grading permit, whichever occurs
first, for each development phase that incorporates all or a
portion of the following parcels, the property owner(s) shall
submit a letter to the Planning Department requesting termination
of the zoning petitions associated with said underlying parcel(s)
(which zoning entitlements are not associated with the Pointe
Anaheim project), as follows:
Melod¥1and Excel Pointe Anaheim ("EPA") Parcel A
Conditional Use Permit No. 32: Granted by the Planning
Commission on April 20, 1959 under Resolution No. 203, Series
1958-59, to construct a convention hall on the north and south
sides of the Edison Easement east of Harbor Boulevard.
Conditional Use Permit No. 186: Granted on January 9,
1962 under Resolution No. 62R-27 to construct a theater-
convention hall including a restaurant cocktail lounge east of
Harbor Boulevard between Katella Avenue and Midway Drive.
Conditional Use Permit No. 2149: Granted on December 1,
1980 under Resolution No. PC80-218 to permit construction of
recreational facilities in conjunction with an existing
educational institution on 5.85 acres on the north side of
Katella Avenue, about 830 feet east of Harbor Boulevard
(Melodyland Christian Center).
32
(Note: Conditional Use Permit No. 2149 applies to both this
parcel and the Rist EPA Parcel B, below.)
Conditional Use Permit No. 3054: Granted on August 15,
1988 under Resolution No. PC88-226 to permit a 40-patient
birthing center, 200-person child care facility, and a 100-person
adult day care facility at 400 West Freedman Way.
Rist EPA Parcel B
Conditional Use Permit No. 2149: Granted on December 1,
1980 under Resolution No. PC80-218 to permit construction of
recreational facilities in conjunction with an existing
educational institution on 5.85 acres on the north side of
Katella Avenue, about 830 feet east of Harbor Boulevard
(Melodyland Christian Center).
(Note: Conditional Use Permit No. 2149 applies to both this
parcel and the Melodyland EPA Parcel A, above.)
Zab¥ EPA Parcel E
Variance No. 1214: Approved on March 7, 1960 under
Resolution No. PCt87 to establish a motel at the northwest corner
of Katella Avenue and Clementine Street)
Variance No. 3290: Approved on September 20, 1982 under
Resolution No. PC82-175 for waiver of minimum number of parking
spaces to expand an existing motel at 301 West Katella Avenue; on
January 23, 1995 the variance was terminated under Resolution No.
PC95-6; and on March 20, 1995 Resolution No. PC95-28 was adopted,
nunc pro tunc, to rescind the termination resolution)
Pyrovest parcel
Variance No. 1021: Approved by the Planning Commission
under Resolution No. 40, Series, 1958-1959, to establish a motor
hotel and appurtenant uses at 1660-1720 South Harbor Boulevard;
and by the City Council on September 2, 1958 under Resolution No.
4733 regarding only the "appurtenant uses")
Variance No. 3433: Approved on October 29, 1984 under
Resolution No. PC84-225 for waiver of permitted number and type
of flags to retain 25 roof-mounted flags in the CR Zone at 1700
South Harbor Boulevard)
33
75. That any future development phase of the Pointe Anaheim
project or any portion of the underlying property comprising the
Pointe Anaheim Overlay which becomes vacant shall comply with
subsection 18.78.050.100.1010 of the Anaheim Municipal Code
relating to required screening of vacant land in The Disneyland
Resort Specific Plan No. 92-1.
BE IT FURTHER RESOLVED that City Council does hereby find
and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the
conditions herinabove set forth. Should any such conditions, or
any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this
Resolution, and any approval herein contained, shall be deemed
null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim~is~h day~ of February, 2002.
MAY~R~/{~'~~OF THE CITY OF AHEIM
ATTEST:
CITY CLER~ OF THE CITY OF ANAHEIM
43606.2\SMANN
34
ATTACHI~ENT 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 0° 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 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08
FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO THE NORTHERLY
LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET; THENCE NORTH 0° 13'
22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75
FEET; THENCE NORTH 89° 54' 38" EAST 38.66 FEET; THENCE NORTH 0°
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 89° 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 90° 07' 52" A LENGTH OF 23.60 FEET TO
THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
PARCEL 2:
BEGINNING AT A POINT SOUTH 0° 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 0° 13' 22" EAST ALONG SAID EASTERLY
LINE 100.08 FEET; THENCE NORTH 89° 54' 30" EAST PARALLEL TO
THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEET;
THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE
OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38"
EAST 38.66 FEET; THENCE NORTH 0° 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 89° 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 90° 07' 52" A LENGTH OF 23.60 FEET TO THE
TRUE POINT OF BEGINNING OF THIS DESCRIPTION.
Melodyland Parcels:
PARCEL A
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 0° 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 TRUE POINT OF
BEGINNING.
EXCEPT THE WEST 292.00 FEET THEREOF.
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 0° 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
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 0° 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
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
0° 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 0° 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
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.
43606.2
Project '
Project Actions:
MOI:: ~' '~!iD MITIGATION MONITORING PLAN
(February 26, 2002)
Pointe Anaheim
General Plan Amendment No. 359
Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1
Conditional Use Permit No. 4078
General Plan Amendment No. 2001-00393
Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1
Amendment to Conditional Use Permit No. 4078
Amendment to the Anaheim Resort Public Reahn Landscape Program Amendment No. 3 to the Anaheim Resort Public Realm Landscape Program
Development Agreement No. 99-01 First Amended and Restated Development Agreement No. 99-01
Disposition and Development Agreement
Location: East of Harbor Boulevard, South of Disney Way, West of Clmnentine Street and North of Kate/la Avenue within District A/Pointe Anaheim Overlay and
Portion of Parking District (East Parking Area)/C-R Overlay and Pointe Anaheim Overlay of The Disneyland Resort Specific Plan
This Modified 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, as amended per the Addendum approved on February 26, 2002, in conjunction with the above-listed project actions modifying the project.
Terms and Definitions:
1. Property O~vner/Developer- Excel Pointe Anaheim, LLC
2. Project Design Features (PDF's) - Measures incorporated into the Pointe Anaheim Project by the propcrb' owner/developer with the intent of minimizing potential environmental impacts. Thc 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 tinting thcreol; subject to thc approval of thc Git5', 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 thc adequacy of any proposed "environmental
equivaleut/timing" and, if determined ~eccssary, may refer said determination to the Planning Commission. Any costs associated with informatioo required in order to make a determination of
environmental equivalency/timing shall be borne by the property owner/developer. Stafftime lbr rcviews will he charged on a time and materials basis at the rate in thc City's adopted Fee Schedule.
4. Timing - This is the point where a mitigat o ~ mcasurc/proicct design feature must be monitored for compliance. In the case where multiple action items arc indicated, it is the first point where compliance
associated with the mitigation measure/project design feature nmst be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan
will occur, as routine City practices and procedures will ensure that the intent of the measure/project design feature has been complied with. For example, if thc timing is, "to be shown on approved
building plans" subsequent to issuance of thc building permit consistent with the approved plans will be final buildiug and .zoning inspections pursuant to thc building permit to ensure compliance.
5. Responsibility for Monitoring - Shall mean that compliaoce with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation rncasure.
Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with thc 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 measure/project design feature has
been demonstrated for a period of one year, monitoring of the mitigation neasure/project design feature will be deemed to be satisfied and no further monitoring will occur. For mitigation measures/project
design features tbat are to be monitored "Ongoing During Construct'on ', the annual letter will review those mitigation neasures/proicct design features only while construction is occurring; monitoring will
be discontinucd after construction is complete. A final annual letter will be provided at the close of construction.
7. Building Permit - For purposes ,fthis Mitigation Moniloring Plan. a building permit shall he defined as any permit issued for conslructimx ora new building nr struct,ral expansion or modification of any
existing building, but shall not include any permits required l'or interior tenant improvements or Illillor additions to an existing ~tructurc or building.
Attachment No. 2
PAMM-Modified-022602.doc CC 2~26/02
Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim
Timing
Measure
Page 2
Responsible for
3.1 LAND USE - RELATED PLANS AND POLICIES
Monitoring]
-~.1-1 Prior to approval of the Final
Site Plan
Plans (including, but not limited to, a site plan, elevations, landscape plans and signage plans)
shall be submitted by the property owner/developer and will be reviewed for consistency with
The Disneyland Resort Specific Plan.
ipPlanning Department,
lanning ~ivision
3.2
3.2-1
3.2-2
LAND USE COMPATIBILITY
Prior to approval of the Final
Site Plan
Prior to issuance of the first
building permit
The property owner/developer shall submit plans detailing the setbacks for the parking
structures and landscaping plans which minimize compatibility impacts of the parking facilities on
surrounding areas, consistent with Section 5.8 of The Disneyland Resort Specific Plan.
A pre-project study of radio transmission from the AM 1500 Highway Advisory Radio
Transmission Tower located on the Fire Station No. 3 site shall be conducted by the property
owner/developer to determine baseline conditions for the entire Pointe Anaheim Overlay. 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 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
owneddeveloper as soon as practicable.
TRANSPORTATION AND CIRCULATION
3.3-1
building permit
Prior to issuance of each --~ropriate traffic signal assessment fees shall be paid by the property owner/developer to the
City of Anaheim in amounts determined by the City Council Resolution in effect at the time of
issuance of the building permit or credit given for City-authorized improvements.
3.3-2
Prior to approval of the first
final subdivision map or
issuance of the first building
permit, whichever occurs fi rst
The property owneddeveloper shall irrevocably offer for dedication (with subordination of
easements), including necessary construction easements, the ultimate rights-of-way (as
indicated in the General Plan Circulation Element) for the following arterial highway/street half-
sections on or adjacent to parcels under its ownership to the City of Anaheim:
a. Katella Avenue (to ultimate 8-lane facility)
b. Harbor Boulevard
c. Disney Way
d. Clementine Street
Planning Department,
Planning Division
Planning Department,
Planning Division
Planning Department,
Building Division;
Public Works Department,
Traffic and Transportation
Division
Planning Department,
Planning Division;
Public Works Department,
Development Services
Division
PAMM-Modified-O22602.doc
Modified Mitigation Monitoring Plan No. 004 Page 3
Project: Pointe Anaheim
Measure Responsible for
Timing Monitoring
3.3-3 Within 120 days of acqu~nng 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 MM Planning Division;
highways/street intersection 3.3-3A of Modified Mitigation Monitoring Program No. 0067, the applicant shall notify the City in Public Works Department,
.half sections writing of said acquisition and the ultimate rights-of-way for said properties shall be irrevocably Development Services
offered for dedication to the City of Anaheim. Division
3.3-4 Prior to approval of the first A phasing plan shall be submitted for review and approval to the City Engineer demonstrating Public Works Department,
grading plan how the following improvements, as approved by the City Engineer, will be constructed by the Traffic and Transportation
property owner/developer: Division
· Clementine Street/Pointe Anaheim driveway intersection; and
· Clementine Street between Disney Way and Katella Avenue (including the median).
3.3-5 Prior to issuance of each Appropriate traffic impact and improvement fees shall be paid by the property owner/developer Planning Department,
building permit to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time Building Division;
of issuance of the building permit with credit given for City-authorized improvements provided by Public Works Department,
the property owner/developer; and participate in all applicable reimbursement or benefit districts Traffic and Transportation
which have been established. Division
3.3-6 To be shown on street Access roads leading up to the parking facilities shall be sized to accommodate traffic at peak Public Works Department,
improvement plans; and to hours, thereby substantially reducing the likelihood of backups onto City streets and freeway Design Division
be implemented prior to final ramps.
building and zoning
inspection for the parking
structure
3.3-7 Prior to issuance of the first The property owner/developer shall fully fund the implementation of the SCOOT System at the Public Works Department,
building permit Haster StreetJKatella Avenue intersection and along the Harbor Boulevard, Katella Avenue, Traffic and Transportation
Disney Way, and Clementine Street corridors in the Anaheim Resort area. The specific Division
improvements to be implemented are identified in Table 4.3-8 (in the Pointe Anaheim IS/MND).
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.
PAMM-Modified-022602.doc
Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim
Timing
-3.3-7 Prior to issuance of the first
building permit [continued]
Prior to the first final building
and zoning inspection
On-going during Project
operations
Measure
TABLE 4.3-8
Intersection
LOCATIONS FOR IMPLEMENTATION OF
SCOOT SIGNAL SYSTEM UPGRADE MITIGATION MEASURE
Install SCOOT Install 2070 Traffic
_Loop Detectors Si,qnal Controller
Ball & Harbor X
~larbor & I-5 NB Ramps X
Harbor & I-5 SB Ramps X
Harbor & Manchester X
Harbor & Esplanade X
Harbor & Disney Way X
-larbor & Katella X
(atella & Clementine X
(atella & Haster X
Katella & I-5 SB Ramps X
Katella & 1-5 NB Ramps X
Katella & Lewis X
Clementine & Disney Way X
Disney Way & I-5 SB Ramps X
Disney Way & Haster X
Disney Way& Pointe Anaheim Access X
X
X
X
X
X
X
X
X
The Property owner/developer shall provide proof of participation in the Anaheim Transportation
Network (ATN)
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.
Page 4
Responsible for
Monitoring_
~ublic Works Department,
Traffic and Transportation
Division
--Public Works Department,
Traffic and Transportation
Division
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Modified Mitigation Monitoring Plan No. 004 Page 5
Project: Pointe Anaheim
Timing Measure Responsible for
Monitoring
3.3-9 Prior to approval of the Final A Parking Structure Layout and Signing Plan demonstrating a layout of required parking spaces Public Works Department,
Site Plan and signage shall be provided to the Public Works Department, Traffic and Transportation Traffic and Transportation
Manager, for review and approval. Division
3.3-10 Prior to final building and The property owner/developer will implement and administer a comprehensive Transportation Public Works Department,
zoning inspection; and on- Demand Management (TDM) program for all employees. Objectives of the TDM program shall Traffic and Transportation
going during Project be to increase ridesharing and use of alternative transportation modes by guests and provide a Division
operations 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.
· 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.
· 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.
o 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.
PAMM-Modificd-022602.doc
Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim Page 6
Timing Measure Responsible for
Monitoring
3.3-10 Prior to final building and · Target Reduction of Longest Commute Trip. An incentives program for rideshaiing and Public Works Department,
zoning inspection; and on- other alternative transportation modes to put highest priority on reduction of longest Traffic and Transportation
going during Project employee commute trips. Division
operations [continued] · 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.
3.3-11 Prior to the first final building The property owneddeveloper will provide a Parking Maintenance and Operation Plan to the Public Works Department,
and zoning inspection; and Public Works Department, Traffic and Transportation Manager, for review and approval; and Traffic and Transportation
implementation on-going said Plan shall be implemented on an on-going basis during Project operation. Division
during Project operations
Parkin¢] ....
3.3-12 Prior to approval of the Final The Pointe Anaheim parking structure will be designed to provide striped parking spaces for Public Works Departmentl
Site Plan 4,800 cars and 15 bus spaces. Assuming the full build-out, the size of the parking garage will Traffic and Transportation
total approximately 1,949,800 square feet, and will encompass six levels. The height of the Division
structure will be within the established height limitations set forth in The Disneyland Resort
Specific Plan.
Note: The text reflects the number of parking spaces that were approved and are required for
furl build-out of the Pointe Anaheim project pursuant to Ordinance No. 5807 (The Disneyland
Resort Specific Plan No. 92-1, Amendment No. 5) and Resolution No. 2002R-57 (Conditional
Use Permit No. 4078, as amended).
3.3-13 Deleted intentionally
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Modified Mitigation Monitoring Plan No. 004 Page 7
Project: Pointe Anaheim
Measure Responsible for
Timing Monitoring
~edestrian Safety
3.3-14 Upon commencement of any If reasonably needed in order to regulate the flow of pedestrian traffic to the project, as Public Works Department,
activity/uses authorized by determined by the City's Traffic and Transportation Manager upon development of Area D due to Traffic and Transportation
.Conditional Use Permit No. the project phasing over time, the property owneddeveloper shall pay all costs associated with Division
4078; and on-going during providing one or more pedestrian crossing officers at Harbor Boulevard and Disney Way, in
Project operations order to facilitate the flow of pedestrians during the "Peak Period," which is 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 [east 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.
3.3-15 Prior to the fimt final building The property ownefldeveloper shall submit to the City's Traffic and Transportation Manager for Public Works Department,
and zoning inspection review and approval, a program for coordinating traffic signal timing in the area (within the limits Traffic and Transportation
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.
3.3-16 On-going during Project If such restricted pedestrian movement is determined to be necessary by the City's Traffic and Public Works Department'
operations Transportation Manager, the property owner/developer shall pay all costs associated with the Traffic and Transportation
design and implementation of such restricted crosswalk for this intersection to the satisfaction of Division
the City Engineer, within the timeframe established by the City Engineer.
3.4 AIR QUALITY
3.4-1 Prior to issuance of each The property owner/developer shall comply with all SCAQMD offset regulations and South Coast Air Quality
building permit implementation of Best Available Control Technology (BACT) for all permitted new and modified Management District;
stationary sources. Copies of permits shall be given to the Planning Department. Planning Department,
Planning Division
3.4-2 On-going during Project The property owner/developer shall schedule goods movements for off-peak traffic hours to Public Works Department,
Traffic and Transportation
operations reduce emissions to the extent practicable. Division
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Modified Mitigation Monitoring Plan No. 004 Page 8
Project: Pointe Anaheim
Timing ' Measure Responsible for "
Monitoring
3.4-3 Prior to issuance of each The property owner/developer shall submit evidence that Iow emission paints and coatings are South Coast Air Quality
building 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
3.4-4 Prior to issuance of each The project design will incorporate the following energy-saving features which will also contribute Public Utilities Department,
Electric Services
building permit to reduced emissions: Administration, Resource
· Improved thermal integrity of structures and reduced thermal Icad through use of automated Efficiency
time clocks or occupant sensors.
· Efficient heating and other appliances.
· Incorporation of appropriate passive solar design.
· Proper sealing of buildings.
3.4-5 On-going during Project The property owneddeveloper shall participate in marketing programs which promote the Public Works Department,
operations Anaheim Resort area as a mini-vacation site to encourage use of facilities within the area rather Traffic and Transportation
than taking cars to destinations off-site. Division
3.5 NOISE
~.5-1 Prior to approval of the Final The design and orientation of any use, such as those which could involve amplified live music Planning Depa,'tment,
Site Plan for each area due and open-air festival events, shall be reviewed by a certified acoustical engineer. The property Building Division and Code
to the project phasing over owner/developer shall submit a report, for review and approval by the City, to ensure that noise Enforcement Division
time from areas which involve live amplified music and/or open-air festival events, do not exceed the
noise levels established by the City of Anaheim Sound Pressure Level Ordinance.
3.5-2 Prior to final building and A Noise Monitoring Program prepared by a certified acoustical engineer shall be submitted to the Planning Department,
zoning inspections Planning Department for review and approval for any component of Pointe Anaheim that has the Planning Division and
potential to involve amplified music or noise from open-air festival events and, within nine Building Division
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 owneddeveloper shall modify operations within three days to bring the noise-generating
activity into conformance with the Sound Pressure Level Ordinance.
3.6 EARTH RESOURCES - GEOLOGY, SOILS AND SEISMICITY
3.6-1 Prior to approval of each The property owner/developer shall submit a thorough soils and geological report for the area to Public Works Department,
grading plan 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
PAMM-Modified-022602.doc
Modified Mitigation Monitoring Plan No. 004 Page 9
Project: Pointe Anaheim
Measure Responsible for
Timing Monitoring
3.6-2 Prior to issuance of each The property owner/developer shall submit for rewew and approval detailed foundation design Planning Department,
building permit information for the subject buildings, prepared by a civil engineer, based on recommendations by Building Division
a geotechnical engineer.
3.6-3 Prior to issuance of each The property owner/developer shall submit a report prepared by a geotechnical engineer for Planning Depa~ [i(~ent,
foundation 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.
3.6-4 Prior to issuance of each The property owner/developer shall submit plans showing that the proposed structure has been Planning Department,
building permit analyzed for earthquake loading and designed according to the most recent seismic standards in Building Division
the Uniform Building Code adopted by the City of Anaheim.
3.7 GROUNDWATER AND SURFACE HYDROLOGY
3.7-1 Prior to approval of a grading The property owner/developer shall submit a Master Drainage and Runoff Management Plan Public Works Depa~ment,
plan; and implementation (MDRMP) for review and approval and pay the required South Central Area Master Plan of Development Services
during Project construction Drainage (SCAMPD) storm drain fees. The Master Plan shall include, but not be limited to, the Division;
Regional Water Quality
and operation following items: Control Board;
a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic Orange County Flood
calculations for storms up to and including the 100-year storm. Control District
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.
PAMM-Modificd-022602.doc
Modified Mitigation Monitoring Plan No. 004 Page 10
Project: Pointe Anaheim
Timing Measure Responsible for
Monitoring
3.7-1 Prior to approval of a grading (2) Incorporation of measures to comply with applicable actions to be identified by the Public Works Department,
plan; and implementation RWQCB in conformance with the State Water Resources Control Board (SWRCB) Development Services
during Project construction statewide water quality control plan for inland surface waters, adopted April 11, 1991. Division;
.and operation [continued] Regional Water Quality
(3) Description of a water quality monitoring program to monitor water quality during and Control Board;
subsequent to construction and to evaluate the effectiveness of BMPs. The water Orange County Flood
quality monitoring program shall identify: (1) the person/agency responsible for Control District
implementing the program, (2) sources of pollutants in runoff (e-9., 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 program methodology, including devices to 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 (7)
additional measures, if necessary, to increase the effectiveness of the BMPs to the
threshold standards identified in C(1) above.
3.7-2 Prior to issuance of each The property owner/developer shall submit landscaping and irrigation plans and an Irrigation Public Utilities Department,
building permit' Management Program. This landscape plan shall include a maintenance program to control the Electric Services
use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff Administration, Resource
and overwatering. Additionally: Efficiency;
Community Services
a. The landscape plans shall be prepared and certified by a licensed landscape architect. The Department, Parks
landscape architect shall submit plans in accordance with Anaheim's Landscape Water Division;
Efficiency Ordinance and Guidelines. Planning Department,
Planning Division
b. The Irrigation Management Program shall specify methods for monitoring the irrigation
system and shall be designed by an irrigation engineer (pl.ans 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 Iow-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.
PAMM-Modified-022602.doc
Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim
Timing
3.7-3 On-going during Project
operations
3.7-4
Page 11
3.7-5
Prior to each final building
and zoning inspection
To be installed with Project
water mains; and to be
connected if reclaimed water
becomes available
Measure
The property owner/developer shall provide for the following: cleaning of all paved areas not
maintained by the City of Anaheim including, but not limited to, private streets and parking lots
on not less than a monthly basis. Using water to clean streets, parking lots, and other areas
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 owneddeveloper'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.
-~he property owner/developer shall submit a Certificate of Substantial Completion, as described
in the Specific Plan, which establishes that the landscape irrigation systems have been installed
as specified in the approved landscaping and irrigation plans.
To reduce the project's demand on potable water, the property owner/developer shall install
water lines on-site so that reclaimed water may be used for landscape irrigation and other
purposes.
Responsible for
Monitoring
Public Works Department,
Streets and Sanitation
Division
Planning Department,
Planning Division
Public Utilities Department,
Water Services
Administration
3.8: CONSTRUCTION
Demolition And Earthwork
3.8-1 Prior to issuance of each
grading permit (for Import/
Export Plan) and prior to
issuance of demolition permit
(for Demolition Plan)
Tra__T._ra_.n_.~soortation and Circulation
3.8-2.a Prior to issuance of the first
building permit
The property owner/developer shall submit Demolition and ImportJExport Plans. The plans shall
include identification of offsite locations for material export from the project and options for
disposal of excess material. These options may include recycling of materials onsite, sale to a
soil broker or contractor, sale to a project in the vicinity or transport to an environmentally
cleared landfill, with attempts made to move it within Orange County. The property
owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or
removal by private firms or public agencies for use in construction of other projects, if not all can
be reused on the project site.
Public Works Department,
Traffic and Transportation
Division
The property owner/developer shall submit a Traffic Mitigation and Construction Phasing and
Control Plan. The Traffic Mitigation, Construction Phasing and Control Plan shall identify the
following:
a. A Construction Staging Area Plan showing the location and size of the construction staging
area. The Plan shall also show how the staging area will be screened from view in
compliance with the City of Anaheim Municipal Code.
Public Works Department,
Traffic and Transportation
Division;
Planning Department,
Planning Division
PAMM-Modified-022602.doc
Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim
Timing
3.8-2.b
Prior to approval of a
grading plan or issuance of
demolition or building
· permits, whichever occurs
first
3.8-2.c
Prior to approval of a
grading plan or issuance of
demolition or building
permit, whichever occurs
first
3.8-2.d
Prior to approval of a
grading plan or issuance of
demolition or building
permit, whichever occurs
first
3.8-2.e Prior to approval of the first
grading plan
3.8-2.f Prior to issuance of the first
building permit
PAMM-Modificd-022602.doc
Page 12
Measure
Responsible for
A Construction Barrier Plan showing the location and types of barriers that will be in place
Monitoring
Public Works Department,
b. during grading and construction. Said plan shall provide for all construction areas to be
screened from view, in compliance with the City of Anaheim Municipal Code and shall
inolude 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
oocurs first.
c. A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the
extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan shall
show conformance with the external 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. Measures to assist in guiding
truck movement on the arterial roadway system include, but are not limited to, provision of
truck route maps to truck drivers and placement of flag persons and construction signage at
appropriate locations. The Truck Route Plan shall provide for monitoring of street conditions
and potential repairing and/or re-paving by property owner/developer after completion of
construction as required by the City Engineer. This plan shall be adhered to throughout the
project construction period.
d. A Construction Traffic Management Plan which includes mechanisms to reduce
construction-related traffic congestion which shall be implemented during grading and
construction, including, but not limited to, the following:
(1) Configure construction parking to minimize onsite and offsite traffic interference.
(2) Minimize obstruction of through-traffic lanes.
(3) Provide flag persons to guide traffic, as determined in the plan.
e. A Trip Reduction Plan for construction crew vehicles shall' be prepared to reduce potential
vehicle trips on the road and identify parking locations for construction employees and
equipment.
Traffic and Transportation
Division;
Planning Department,
Planning Division
Public Works Department,
Traffic and Transportation
Division;
Planning Department,
Code Enforcement
Division
Works Department,
Traffic and Transportation
Division
Public Works Department,
Traffic and Transportation
Division;
Planning Department,
Planning Division
A Traffic Management Plan for phasing of roadway improvements, specifying the
sequencing of construction to do the following:
(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.
Public Works Department,
Traffic and Transportation
Division
Modified Mitigation Monitoring Plan No. 004 Page 13
Project: Pointe Anaheim
Measure Responsible for
Timing Monitoring
3.8-2.f Prior to issuance of the first (2) Outline procedures for any required traffic detours during construction, including :ublic Works Department,
building permit [continued] provision of tour bus stops. Traffic and Transportation
Division
(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.
(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 non-critical 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 area-wide 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.
3.8-2.g Prior to issuance of the first g. An Infrastructure Coordination Plan showing how the project improvement construction
building permit schedules and haul routes will be coordinated with other area-wide improvements. The
property owner/developer shall coordinate with adjacent uses to ensure continued operations
of these facilities, as well as the continued operation of th(~ existing Disneyland theme park
and Disneyland Hotel.
3.8-3 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 and Traffic and Transportation
construction scheduling. Division
3.8-4 Prior to approval of each The property owner/developer shall show how the project will be in compliance with the Traffic Public Works Department,
grading plan Mitigation and Construction Phasing and Control Plan. Traffic and Transportation
Division and Development
Services Division
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Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim
3.8-5
Timing
On-going during construction
Measure
If Anaheim Police Department or Anaheim TMC personnel are required to provide temporary
traffic control services, the property owner/developer shall reimburse the City, on a fair share
basis, if applicable, for reasonable costs associated with such services.
Page 14
Responsible for
Monitoring
Police Department;
Public Works Department,
Traffic and Transportation
Division
Air Quality
3.8-6 On-going during construction
The following measures will be followed by the property owner/developer to reduce air quality
impacts:
a. Normal wetting procedures or other dust palliative measures shall be followed during earth-
moving operations to minimize fugitive dust emissions, in compliance with the City of
Anaheim Municipal Code.
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 insiantaneous 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.
i. Use Iow 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
rem ora ower enerators, wher_~9_Eracticable-
Planning Department,
Building Division;
Public Works Department,
Development Services
Division
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Modified Mitigation Monitoring Plan No. 004
Project: Pointe Anaheim
3.8-6
3.8-7
3.8-8
Timing
On-going during construction
[continued]
On-going during construction
On-going during construction
Measure
k. Maintain construction equipment engines by keeping them properly tuned.
I. Use Iow sulfur fuel for equipment, to the extent practicable.
property owneddeveloper shall implement the following to limit emissions from architectural
coatings and asphalt usage:
a. Use non-solvent-based coatings on buildings, wherever appropriate.
b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent
emissions.
c. Encourage use of high-solid or water-based coatings.
All construction contractors shall comply with SCAQMD regulations, including Rule 402 which
specifies that no there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD
Rule 403, which restricts visible emissions from construction. Rule 403 was amended by the
SCAQMD after preparation of The Disneyland Resort EIR No. 311. Specific measures
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.
Page 15
Responsible for
Monitoring
Planning Department,
Building Division;
:ublic Works Department,
Development Services
Division
Air Quality Management
District;
Planning Department,
Building Division
Air Quality Management
District;
Planning Department,
Building Division
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Timing
Measure
Page 16
Responsible for
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No~e
3.8-9 On-going during demolition
and construction
3.8-10 On-going during construction
Construction noise shall be limited by the property owneddeveloper to 60 dBA along the property
boundaries before 7:00 a.m. and after 7:00 p.m. as governed by Chapter 6.7, Sound Pressure
Levels, of the Anaheim Municipal Code.
The property owner/developer shall ensure that all internal combustion engines on construction
equipment are fitted with properly maintained mufflers.
Planning Department,
Building Division and Code
Enforcement Division
Planning Department,
Building Division
Hydrolo[ly and Erosion
3.8-11 On-going during grading
operations
3.8-12 Prior to issuance of each
grading permit
The property owner/developer shall implement standard practices from all applicable codes and
ordinances to prevent erosion.
The property owner/developer shall obtain required NPDES construction storm permits from the
State Water Resources Control Board, if applicable. Copies of the Notice of Intent or permits, as
applicable, shall be submitted to the City Engineer.
Public Works Department,
Development Services
Division
Regional Water Quality
Control Board;
Public Works Department,
Development Services
Division
Hazardous Materials
In the event that hazardous waste, including asbestos, is discovered during site preparation or
3.8-13 On-going during demolition
and construction
construction, the property owneddeveloper shall ensure that the identified hazardous waste
and/or hazardous material are handled and disposed of in the manner specified by the State of
California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter
6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22,
and the Uniform Fire Code, Article 87.
Air Quality Management
District;
Orange County Health
Department;
Planning Department,
Building Division;
Fire Department;
Environmental Protection
Agency
3.9 EMPLOYMENT, POPULATION, AND HOUSING
3.9-1 On-going during Project
operations
The property owner/developer will aggressively recruit workers who are already part of the
resident work force in the region. Implementation of The Disneyland Resort Specific Plan will
further efforts in offering employment opportunities at various socioeconomic levels.
Planning Department,
Planning Division
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Timing I Measure Responsible Monitoring for
I
3.10 PUBLIC SERVICES AND UTILITIES
3.10.1 Fire Protection
3.10.1-1 Prior to commencement of On-site fire hydrants shall be installed and charged, as required, by the property Fire Department
structural framing on each owner/developer.
parcel or lot
3.10.1-2 Prior to approval of each The property owner/developer shall submit an emergency fire access plan to ensure that service Fire Department
grading plan to the site is in accordance with Fire Department service requirements.
3.10.1-3 Prior to issuance of each The property owneddeveloper shall submit a Construction Fire Protection Plan which shall Fire Department
building 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.
3.10.1-4 Prior to issuance of each Plans shall indicate that all buildings, exclusive of open parking structures, shall have sprinklers Fire Department
building permit, and to be installed by property owner/developer.
implemented prior to each
final building and zoning
inspection
3.10.1-5 Prior to Issuance of each Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department
building 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.
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Timing Measure Responsible for
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3.10.1-6 Prior to issuance of the The property owner/developer shall comply with the Fire Protection Facilities and Paramedic Fire Department
first building permit Services Impact Fee Program (per Ordinance No. 5496 and Resolution No. 95R-73 dated May
16, 1995).
3.10.1-7 Prior to approval of street The water supply system shall be designed by the property owner/developer to provide sufficient Fire Department,
improvement plans fire flow pressure and storage for the proposed land uses and fire protection in accordance with Public Utilities Department,
Water Services
Fire Department requirements. Administration
3.10.1-8 Prior to each final building The property owner/developer shall place emergency telePhone service numbers in prominent Fire Department
and zoning inspection locations as approved by the Fire Department.
3.10.1-9 On-going during Project The property owner/developer shall coordinate earthquake training with the Fire Department for Fire Department
operations hotel staff and other employees.
3.10.1-10 Prior to issuance of each The property owner/developer shall submit an earthquake emergency response plan for review Fire Department
building permit for hotels and approval. That plan shall require posted notices in all hotel rooms on earthquake safety
procedures.
3.10.2 Po/ice Services
3.10.2-1 Prior to issuance of the Plans shall be submitted showing the location of a police/security office identifiable and easily Police Department
first building permit for accessible by the public (i.e., "store-front" type of space) along with dedicated parking spaces
Area B due to the project for Police Department employees working in the space within the project site to the satisfaction
phasing over time of the Police Department.
Prior to the first final Said space shall be made available to the Police Department for permanent occupancy at no
building and zoning cost to the City.
inspection for Area B due
to the project phasing over
time .....
3.10.2-2 On-going during Project Property owner/developer shall staff the Project with the needed level of uniformed private Police Department
operations security officers working in pairs for patrol and surveillance of the facilities to the satisfaction of
the Police Department, including possibly 24-hour coverage.
3.10.2-8 Prior to issuance of each The Police Department shall review and approve the safety measures incorporated into the Police Department
building 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
structures/facilities, lighting, and other defensible space measures throughout the project, as
determined necessary by the Police Department.
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Project: Pointe Anaheim Page 19
Timing I Measure Responsible for
Monitorin9
3.10.3 Solid Waste
3.10.3-1 Prior to the first final The property owneddeveloper shall submit project plans to the Director of Maintenance for Public Works Department,
zoning and building review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act Streets and Sanitation
inspection 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.
3.10.3-2 Prior to the first final A Solid Waste Management Plan shall be submitted for review and approval by the property Public Works Department,
zoning and building owner/developer to ensure that the project plans comply with AB 939, as administered by City of Streets and Sanitation
inspection; and to be Anaheim, and the County's and City's Integrated Waste Management Plans. Waste Division
implemented during management mitigation measures that shall be taken to reduce solid waste generation shall
Project operations include:
a. Detailing the locations and design of solid waste and re-cyclables storage and collection
facilities.
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 area. s) 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 non-recyclable 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.
· Recycling of landscape green waste.
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Project: Pointe Anaheim
Timing Measure I Responsible for
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3.~0.5 Schools
3.10.5-1 Prior to issuance of each i The property owner/developer shall provide proof that school impact fees have been paid Planning Department,
building permit consistent with State statute. Building Division
3.10.5-2 Prior to commencement of The property owner/developer shall coordinate with the Anaheim Union High School District to Planning Department,
uses/activities authorized incorporate a retail training program into the Project for interested high school seniors, i Planning Division
by Conditional Use Permit .
No. 4078; and on-going i
during Project operations
3.~0.6 Water Service
3.10.6-1 Prior to issuance of each Among the water conservation measures to be shown on plans and implemented by the property Public Utilities Department,
Electric Services
building permit; and to be owner/developer shall include the following: Administration, Resource
implemented prior to final Efficiency;
building and zoning · Use of Iow-flow sprinkler heads in irrigation system Community Services
inspections · Use of waterway re-circulation systems
Low-flow fittings, fixtures, and equipment, including Iow flush toilets and urinals Department, Parks
· Division
· Use of self-closing valves on drinking fountains
· Use of reclaimed water for irrigation and wash-down 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 re,garding water conservation
· Use of water-conserving landscape plant materials wherever feasible
· Use of vacuum and other equipment to reduce the use of water for wash-down of exterior
areas
3.10.6-2 Prior to each final zoning The property owner/developer shall submit a certified water audit for landscape irrigation Public Utilities Depaltment,
Electric Services
and building inspection systems. Administration, Resource
Efficiency
3.10.6-3 Prior to issuance of the The property owneddeveioper shall comply with the adopted Anaheim Resort Water Facilities Public Utilities Department,
first building permit Fee Program (Rule 15E of the Water Utilities Rates, Rules and Regulations per Resolution No. Water Services Division
95R-140, effective September 1, 1995).
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Timing Measure Responsible for
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3.10.6-4 Prior to approval of the The water back-flow equipment and any other large water system equipment Shall be shown on Public Utilities Department,
Final Site Plan; and prior plans to the satisfaction of the Public Utilities Department, Water Utility Division, in either Water Services Division
to final building and zoning underground vaults or behind the Setback Realm area in a manner fully screened from all public
inspections streets and alleys; and the facilities will be installed in accordance with the plans.
3.10.6-5 Prior to approval of the first Property owner/developer shall enter into an agreement recorded against the property with the Public Utilities Department,
subdivision map or City of Anaheim, to the satisfaction of the Utilities Department and City of Anaheim Attorney's Water Services Division
issuance of the first Office, to guarantee the property owner/developer's participation in water system improvements
grading permit or building necessitated by the project. The agreement shall contain provisions requiring the property
permit, whichever occurs owner/developer to pay or cause to be paid its fair share funding for said improvements and/or
first 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 owneddeveloper 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 owneddeveloper shall at all times perform
its obligations as set forth in said agreement.
3.10.7 Wastewater/Sewer Service
3.10.7-1 Prior to the first final The property owner/developer shall comply with the Sewer Impact and improvement Fee Public Works Department,
building and zoning Program for the South Central City Area (per Ordinance No. 5490 and Resolution No. 95R-60 Design Division
inspection for each phase dated April 18, 1995). This SCASDS Fee Program applies to the sewer discharge generated
of development due to the above the rate from the existing building footprints (prior to demolition) and up to the maximum
project phasing over time of 639,000 peak gpd. This Fee Program does not apply and mitigate the need of the reverse
sewer line in Gene Autry Way.
3.10.7-2 Prior to the first final A reverse-flow public sewer line shall be constructed in Gene Autry Way from a point east of the Public Works Department,
building and zoning 1-5/Anaheim Boulevard to State College Boulevard to accommodate the sewage flow in excess Design Division
inspection 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 Gene Autry Way sewer system.
· Determine the size and limits of a new public sewer in Gene Autry Way, 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.
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Project: Pointe Anaheim
Timing I Measure Responsible Monitorin~lf°r
I
3.10.8 Storm Drains
3.10.8-1 Prior to issuance of the The property owner/developer shall comply with the Storm Drain Impact and Improvement Fee Public Works Department,
first building 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.
3. lo.g Electricity
3.10.9-1 Prior to issuance of each The property owner/developer shall submit plans showing that each of the project's buildings will Public Utilities Department,
building permit comply with the State Energy Conservation Standards for New Residential and Nonresidential Electric Services
Buildings (Title 24, Part 6, Article 2, California Code of Regulations). Administration, Resource
Efficiency
3.10.9-2 Prior to issuance of each In order to conserve energy, the property owner/developer Shall implement numerous energy Public Utilities Department,
building permit; and to be saving practices in compliance with Title 10, which may include the following: Electric Services
implemented prior to each Administration, Resources
final building and zoning · Consultation with the City energy-conservation experts for assistance with energy- Efficiency
inspection 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 ofT8 lamps and electronic ballast. Metal halide or high-pressure sodium for outdoor
lighting and parking lots.
3.10.9-3 Prior to issuance of the The property owner/developer shall install electrical and comrflunication conduit and Public Utilities Department,
first building permit substructures within the development site to provide for electrical distribution to serve the various Electric Services
uses within the development. Administration
3.10.9-4 Prior to issuance of the The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Rules Public Utilities Department',-
first building permit & Regulations for installation of backbone cables, switches and related facilities to provide Electric Services
electrical distribution to the development site. Administration
3.10.9-5 Prior to issuance of each The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Rules Public Utiliiies Department,
building permit and Regulations for electrical commercial/industrial services for specific uses within the Electric Services
development site. Administration
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Timing Measure Responsible for
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3.10.9-6 Prior to the issuance of the Analysis and validation of available electricity capacity will be conducted to the satisfaction of the Public Utilities Department,
first building permit Public Utilities Department and, if deemed necessary, additional mitigation will be provided by Electric Services
the property owneddeveloper to the satisfaction of the Public Utilities Department, if the property Administration
owneddeveloper proposes to build the movie theater complex.
3.10.10 Natural Gas.
3.10.10-1 Prior to issuance of each The property owner/developer shall submit plans which shall ensure that buildings are ~n Public Utilities Department,
building permit conformance with the State Energy Conservation Standards for nonresidential building (Title 24, Electric Services
Administration, Resource
Part 6, Article 2, California Administrative Code). Efficiency
3.10.10-3 Prior to each final building The property owneddeveloper shall implement a program (The Southern California Gas Planning Department,
and 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.
3.~0.~2 Television Service/Reception
3.10.12-1 Prior to issuance of the A pre-project study of area television reception shall be undertaken by the property Planning Department,
first building permit for owner/developer to determine baseline conditions; and six months after topping out, a follow-up Planning Division
each phase of study of area television reception shall be undertaken immediately by the property
development due to the owner/developer. If the City of Anaheim determines that the proposed project creates a
project phasing over time 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.
3.11 HAZARDOUS MATERIALS
3.11-1 Prior to approval of the first Investigation for the presence of cryptic tanks using geophysical methods shall be conducted in Fire Department,
grading plan or issuance of the subject area for the property owner/developer by a qualified environmental professional in Environmental Protection
the first demolition permit the areas of former service stations and those areas known or thought to have been formerly Section
for Area D due to the occupied by USTs and where tank removal has not been verified prior to excavation or grading
project phasing over time, in these areas.
whichever occurs first
Soil sampling or a soil organic vapor survey may be required if soil sampling results are not
available or indicate contamination is present above regulatory guidelines. If warranted,
subsurface investigation and sampling shall be undertaken in these areas, and appropriate
remediation measures developed, if necessary, before demolition, excavation, or grading takes
place in these areas.
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Measure Responsible for
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3.11-2 Prior to removal of A permit shall be obtained from the Environmental Protection Section of the Fire Department for Fire Department,
underground tanks 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 Protection Section
Section, shall be onsite to direct soil sampling.
3.11-30n-9oing during remediation Reined/at/on 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;
Department. Information on subsurface contamination from an underground storage tank shall Public Utilities Department,
be provided to the Public Utilities Department, Water Services Administration, Environmental Water Services
Administration,
Services. Environmental Services
3.11-4 Prior to approval of the first The property owner/developer shall submit a plan for review and approval of the Fire Fire Department,
grading plan or issuance of Department, which details procedures that will be taken if a previously unknown UST or other Environmental Protection
the first demolition permit, unknown hazardous materials or waste is discovered onsite. Section;
Orange County Health
whichever occurs first Department
3.11-5 Prior to relocation of any The transformers shall be tested by the property owner/developer for PCBs. Public Utilities Department,
Electric Services
transformers within the Administration
Project boundaries that may
contain PCBs which are
being moved or relocated as
part of project development
3.11-6 Prior to approval of a grading A subsurface investigation and sampling of Area D due to the project phasing over time, if Public Utilities Department,
needed, shall be undertaken by a qualified environmental professional for the property Water Services
plan
owner/developer to the satisfaction of the Public Utilities Department, Water Services Administration,
Administration, Environmental Services, to determine if the former Chevron station's USTs Environmental Services
and/or business practices have environmentally impacted the subject property.
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3.11-7 Prior to approval of a grading A physical inspection of the interiors of 1731-1741 and 1751-1755 South Clementine Street, as Orange County Health
welt as the surrounding grounds, shall be conducted by a qualified environmental professional Department;
plan
for the property owner/developer to the satisfaction of the Orange County Health Fire Department,
Department/Anaheim Fire Department to accurately assess any potential presence of hazardous Environmental Protection
waste materials at said properties. Where possible, interviews with property owners and/or Section
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.
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.
3.11-8 On-going during abatement All aspects of Title 8, California Code of Regulation, § 1523.1 shall apply. These include manual Fire Depalb~'~ent,
of LBP demolition, manual scraping, manual sanding, heat gun applications, general cleanup, power Environmental Protection
tool cleaning with dust collection systems, and spray painting. At a minimum, half-mask air Section
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.
3.11-9 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 (STLC), to determine appropriate disposal facility and procedures.
3.12 VISUAL RESOURCES AND AESTHb i
3.12-1 Prior to approval of the Final The property owner/developer shall submit plans for each development phase, due to the project Planning Depa~[ment,
Site Plan; and to be phasing over time, which illustrate that all mechanical equipment and trash areas for the subject Planning Division
implemented prior to final buildings will be screened from adjacent public streets.
building and zoning
inspections
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Timing Measure Responsible for
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3.12-2 Prior to approval of the Final The property owneddeveloper shall submit a landscape and irrigation plan for each development Planning Department,
Site Plan phase, due to the project phasing over time. This plan shall be prepared by a licensed Planning Division
landscape architect. The landscape plan shall include a phasing plan for the installation and
maintenance of landscaping associated with the Final Site Plan.
3.12-3 Prior to the final building and The property owner/developer shall participate in a landscape assessment and maintenance City Attorney's Office
zoning inspection district for any properties owned by the property owneddeveloper, as adopted for the Anaheim
Resort.
3.12-4 Prior to submittal of the Final If the height of any building onsite is higher than shown on the conceptual plans/exhibits Planning Department,
Site Plan submitted in connection with Conditional Use Permit No. 4078, the property owneddeveloper 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
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.
3.12-5 Prior to approval of the Final The property owneddeveloper shall submit plans which detail the lighting system for each Planning Department,
Site Plan development phase of the proposed project due to the project phasing over time. The systems Planning Division
shall be designed and maintained in such a manner as to 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.
3.'13 CULTURAL RESOURCES
3.13-1 Prior to approval of each The property owneddeveloper shall submit a letter identifying the certified archaeologist that has Public Works Department,
grading plan been hired to ensure that the following actions are implemented: Development Services
Division
a. The archaeologist must be present at the pre-grading conference in order to establish
procedures for temporarily halting or redirecting work to permit the sampling, identification,
and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are
uncovered and determined to be significant, the archaeological observer shall determine
appropriate actions in cooperation with the property owner/developer for exploration and/or
salvage.
PAMM-Modi fied-022602.doc
Modified Mitigation Monitoring Plan No. 004 Page 27
Project: Pointe Anaheim
Timing Measure Responsible for
Monitoring
3.13-1 Prior to approval of each b. Specimens that are collected prior'to or during the grading process will be donated to an Public Works Department,
grading plan [continued] appropriate educational or research institution. Development Services
Division
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.
3.13-2 Prior to approval of each The property owner/developer shall submit a letter identifying the certified paleontologist that has Public Works Department,
grading plan been hired to ensure that the following actions are implemented: Development Services
Division
a. The paleontologist must be present at the pre-grading conference in order to establish
procedures to temporarily halt or redirect work to permit the sampling, identification, and
evaluation of fossils if potentially significant paleontological resources are uncovered. If
artifacts are uncovered and found to be significant, the paleontological observer shall
determine appropriate actions in cooperation with the property owner/developer for
exploration and/or salvage.
b. Specimens that are collected prior to or during the grading process will be donated to an
appropriate educational 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.
3.14 ENERGY
3.14-1 Prior to issuance of each The property owner/developer shall demonstrate on plans that fuel-efficient models of gas- Planning Department,
building permit powered building equipment have been incorporated into the proposed project to the extent Building Division
feasible.
PAMM-Modified-022602.doc
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-57 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of February, 2002, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kring, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
"~ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)