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99-133RESOLUTION N0. 99R-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING PLAN N0. 004, FOR THE POINTE* ANAHEIM PROJECT INCLUDING THE ASSOCIATED ERRATA, AND DETERMINING THEIR ADEQUACY TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED PROJECT ACTIONS. WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on May 19, 1999, at 9:00 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed Mitigated Negative Declaration, Mitigation Monitoring Plan No. 004 and Errata in connection with General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Zoning and Development Standards, the Design Plan and Guidelines and the Public Facilities Plan), Conditional Use Permit No. 4078 with Waiver of Code Requirement, Amendment to the Anaheim Resort Public Realm Landscape Program and Development Agreement No. 99-01 and to investigate and make findings and recommendations in connection therewith; and that said public hearing in connection with Development Agreement No. 99-01 was continued to and held at the June 7, 1999, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, found and determined the following facts: 1) In conjunction with the approval of The Disneyland Resort Specific Plan No. 92-1, the City Council, on June 22, 1993, by its Resolution No. 93R-107, certified Final Environmental Impact Report No. 311 (State Clearinghouse No. 91051055), adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program (MMP) No. 0067 in compliance with the California Environmental Quality Act (CEQA). The Final EIR analyzed the environmental effects resulting from development of The Disneyland Resort Specific Plan, including development of the Pointe*Anaheim project area at the density currently provided for in The Disneyland Resort Specific Plan. MMP No. 0067 included measures to mitigate the significant environmental impacts associated with the Specific Plan, with the exception of impacts that were addressed in the Statement of Overriding Considerations. An -1- addendum to EIR No. 311, along with modifications to MMP No. 0067, by its Resolution No. 96R-176, were subsequently adopted by the City Council in October 1996 in connection with the adoption of Amendment No. 3 to The Disneyland Resort Specific Plan. 2) An Initial Study/Mitigated Negative Declaration (State Clearinghouse No. 99011053) {hereinafter "MND") was prepared under the City's direction for the Pointe*Anaheim project. The MND was circulated for a 30-day public/responsible agency review on January 22, 1999, in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. The MND was provided to the Planning Commission and copies of said document made available for review in all City libraries and the Anaheim Planning Department, and made available for purchase at the Anaheim Planning Department. 3) The MND tiered from the environmental analysis included in Final EIR No. 311. Final EIR No. 311 and the subsequent Addendum have been incorporated by reference into the MND. The purpose of the Initial Study was to describe the proposed Pointe*Anaheim project and provide an evaluation of potential environmental effects associated with the project's construction and use, and determine what level of additional environmental review, if any, was appropriate. 4) The City conducted its own independent evaluation and analysis of the documentation prior to releasing it for public review and determined that a MND was appropriate as the project would not result in any new significant environmental impacts and that further environmental analysis beyond the analysis contained in the tiered Initial Study and in previously-certified Final EIR No. 311 was not warranted. 5) The tiering of the environmental analysis allows the MND to rely on Final EIR No. 311 for a discussion of the general background and setting information for each topical area; overall growth-related issues; issues that were evaluated in sufficient detail in Final EIR No. 311, and for which there is not significant new information, change in circumstances, project changes, or new significant environmental impacts requiring further analysis; and, long- term cumulative impacts. 6) The MND describes the proposed project and analyzes the potential project impacts in relation to the existing environmental analysis in Final EIR No. 311, with regard to the following topical areas: land use and related plans and -2- policies; land use compatibility; transportation and circulation; air quality; noise; earth resources - geology, soils and seismicity; groundwater and surface hydrology; construction; employment, population and housing; public services and utilities - fire protection, police protection, solid waste, parks, schools, water service, wastewater/sewer service, storm drains, electricity, natural gas service, telephone service, television service/reception, hazardous materials, visual resources and aesthetics, cultural resources and energy. 7) Responses to the comments received on the MND during the public review process were prepared and provided to the Planning Commission. As indicated in the public notice, the responses were made available for public review in all City libraries and the Anaheim Planning Department on April 28, 1999, and available for purchase at the Anaheim Planning __ Department. An Errata, which identifies refinements and revisions to the MND and the responses to comments made subsequent to the April 28th release date, was also prepared and is included in Attachment E to the May 19, 1999, staff report. The Errata further refines the project description and various mitigation measures including project design features, but does not alter the conclusions originally presented in the MND circulated for public review. In addition two noise-related mitigation measures were modified at the May 19, 1999 Planning Commission meeting, by its Resolution No. PC99-77, one noise-related mitigation measure and one groundwater surface hydrology mitigation measure were modified at the June 7, 1999, Planning Commission meeting, by its Resolution No. PC99-92 to delete the reference to Family Entertainment Center as it is no longer a component of the project. 8) Mitigation Monitoring Plan No. 004 has been prepared for the Pointe*Anaheim project which includes applicable measures from Modified MMP No. 0067 (some of the wording for these mitigation measures has been modified to reflect applicability to the Pointe*Anaheim project). Mitigation Monitoring Plan No. 004 also includes additional mitigation measures (including a number of project design features which have been incorporated into the design of the project by the petitioner which help to minimize environmental impacts) which are specific to the Pointe*Anaheim project; and WHEREAS, based upon a thorough review of the project proposal and the tiered MND including Mitigation Monitoring Plan No. 004, and the comments received to date and the responses prepared and the Errata, staff finds that potentially significant -3- impacts have been eliminated or reduced to a level considered less than significant; and that there is no substantial evidence that the project will have a significant effect on the environment; and WHEREAS, the Planning Commission, by its Resolution Nos. PC99-77 and Pc99-96, has found and recommends that the City Council determine that the Mitigated Negative Declaration and Mitigation Monitoring Plan. No. 004, including the associated Errata, are adequate to serve as the required environmental documentation for the proposed project actions, based upon a finding by the Planning Commission that the declaration reflects the independent judgment of the lead agency; that it has considered the proposed MND and Mitigation Monitoring Plan. No. 004 together with any comments and responses received during the public review process; and, further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of the mitigation measures identified in Mitigation Monitoring Plan No. 004, that the project will have a significant effect on the environment. The full text of the Mitigation Monitoring Plan No. 004, incorporating the Errata, is provided as Attachment A to Resolution No. PC99-77, as amended by Resolution No. PC99-92 and as incorporated in Resolution PC99-96; and WHEREAS, upon receipt of said Resolution, summary of evidence, reports of findings and recommendations of the City Planning Commission, the City Council did fix the 22nd day of June, 1999, as the time, and the City Council Chamber in the Civic Center as the place for a public hearing on said proposed project actions and did give notice thereof in the manner and as provided by law; and WHEREAS, on June 22, 1999, the City Council did hold a -~ public hearing upon the Pointe*Anaheim project, and considered said recommendation of the Planning Commission, in conjunction with its consideration of General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 (including amendments to the Zoning and Development Standards, the Design Plan and Guidelines and the Public Facilities Plan), Conditional Use Permit No. 4078 with Waiver of Code Requirement, Amendment to the Anaheim Resort Public Realm Landscape Program and Development Agreement No. 99-01, notice of which hearing was given in the manner required by law; and WHEREAS, Attachment A to the June 18, 1999 staff report includes an adjustment to the second Land Use - Related Plan and Policy Mitigation Measure which reads as follows: "Prior to approval of the Final Site Plan; and, on- going during Project construction and operation, the -4- property owner/developer will not seek to change the entitlements for the 1,050 hotel rooms into any other use. These hotel rooms will be developed as an integral part of the Project, which will be developed in a continuous single phase. The design of the Project will incorporate the hotels as integral components of the site plan, and the Project's construction will be consistent with said plan. It is noted, however, that as a general rule, hotels can take longer to design, construct, furnish, equip and train operating personnel than other uses proposed in the Project. Notwithstanding, the property owner/developer anticipates and will use all reasonable commercial efforts to open a majority (526 or more) of the hotel rooms concurrently with the grand opening date for the retail, dining and entertainment components of the Project. Prior to the first building and zoning inspection, ,. certificate of occupancy, or commencement of any activities/uses authorized by Conditional Use Permit No. 4078, the property owner/developer shall have been issued building permits and construction shall have commenced on the remaining hotel rooms. As soon as practical following the grand opening date for the rest of the Project, but in no event any later than 18 months after commencement of any activities/uses authorized by Conditional Use Permit No. 4078, the property owner/developer will open the balance of the hotel rooms." WHEREAS, based upon a thorough review of the project proposal and the tiered MND including Mitigation Monitoring Plan No. 004, and the comments received to date and the responses prepared and the Errata, staff finds that potentially significant impacts have been eliminated or reduced to a level considered less than significant; and, that there is no substantial evidence that the project will have a significant effect on the environment. A copy of Mitigation Monitoring Plan No. 004 is attached to this Resolution as Attachment No. 1 and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED, based upon the foregoing findings and recitals, that the Anaheim City Council adopts the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, including the associated Errata, and determines their adequacy to serve as the required environmental documentation for the proposed project actions, based upon a finding by the City Council that the declaration reflects the independent judgment of the lead agency; that it has considered the proposed MND and Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public review -5- process; and, further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of the mitigation measures identified in Mitigation Monitoring Plan No. 004, that the project will have a significant effect on the environment. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 22nd day of June, 1999. ~^ MAY R OF THE CITY O ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 31305.1 -6- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-133 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of July, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-133 on the 13th day of July, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th day of July, 1999. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-133 was duly passed and adopted by the City Council of the City of Anaheim on June 13th, 1999. ~ ,/~ CITY CLERK OF THE CITY OF ANAHEIM MITIGATION MONITORING PLAN N0.004 Project : Pointe~Anaheim Project Actions: General Plan Amendment No. 359 Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 Conditional Use Pernnit No. 4078 Amendment to the Anaheim Resort Public Realm Landscape Program Development Agreement No. 99-01 Location: East of Harbor Boulevard, South of Freedman Way (future Disney Way), West of Clementine Street (future Freedman Way) and North of l{atella Avenue within District A and Portion of Parking District (East Parking Area)/C-R Overlay of the Disneyland Resort Specific Plan This Mitigation Monitoring Plan includes those mitigation measures applicable to this project from Modified Mitigation Monitoring Program No. 007 for the Disneyland Resort Specific Plan (EIR No. 311) and additional mitigation measures as identified in the Mitigated Negative Declaration approved in conjunction with the Pointe~Anaheim Project. Terms and Definitions: i. Property Owner/Developer - Pointe~Anaheim, LLC 2. Project Design Features (PDF's) - Meatstues incorporated into the Pointe~Anaheim Project by the property owner/developer with the intent of m;n;m;~.;ng potential environmental impacts. The project design features included in this mitigation monitoring plan will be implemented as mitigation measures. 3. Environmental Equivalent/Timing -Any Project Design Feature or Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Plarming Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if detemtitted necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall be borne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted Fee Schedule. 4. Timing -This is the point where a mitigation measure/project design feature must be monitored for compliance. In the case where multiple action items are indicated, it is the £ust point where compliance associated with the mitigation measure/project design feature must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Plan will occur, as routine City practices and procedures will ensure that the intent of the measure/project design feature has been complied with. For example, if the timing is, "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 5. Responsibility for Monitoring -Shall mean that wmpliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction with the mitigation measure. 6. Ongoing Mitigation Measures -The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property ownerldeveloper 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 measure/project design feature will be deemed to be satisfied and no fiuther monitoring will occur. For mitigation measureslproject design features that are to be monitored "Ongoing Dining Construction", the annual letter will review those mitigation measures/project design features only while construction is occurring; monitoring will be discontinued after construction is complete, A final annual letter will be provided at the close of construction. 7. Building Permit -For purposes of this Mitigation Monitoring Plan, a building pernut shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. Y,aMMCC.DOC 6/18!99 ATTACilZ1ENT N0. _ 1 Mitigation Monitoring Plan No. 004 Projed: Pointe~Anaheim Page 2 __ . __ Timm .:::::.::...::.~.::::. :. ..:_:: ....:. ....:::.:::::.:..::.9.......:......... .........:..:.::....:.:::.:>;:.:;:..:::>:~,:.;>;:;::.::;::::..:..;.~;::.;:.;;;;:;. :_ ........:.::.:.::::.::..:.~.~:.::.....................................................................:...........:::::::.:.:...::::;;;;::::::.:;:;;:.:.:..:.:::...:... ~:.. ......................::.::::::::, .:..::::::::::::::::..:::.:..:..::..:::.::.~:.::.:::::.::.::.:.::::.:.:.:.:..........:..::....................... .............. :..::.: <;Res onsrblefor P _ :_: LAND USE-RELATED PLANS AND POLICIES Prior to approval of the Final Site Plans (including, but not limited to, a site plan, elevations, landscape plans and signage plans) Planning Department, Plan shall be submitted by the property owner/developer and will be reviewed for consistency with Planning Division The Disneyland Resort Specific Plan. Prior to approval of the Final Site The property owner/developer will not seek to change the entitlements for the 1,050 hotel Planning Department, Plan; and, on-going during Projed rooms into any other use. These hotels rooms will be developed as an integral part of the Planning Division; constrUdion and operations Projed, which will be developed in a continuous single phase. The design of the Projed will incorporate the hotels as integral components of the site plan, and the Project's construction will be consistent with said plan. It is noted, however, that as a general rule, hotels can take longer to design, construct, furnish, equip and train operating personnel than other uses proposed in the Projed. Notwithstanding, the property owner/developer anticipates and will use all reasonable commercial efforts to open a majority (526 or more) of the hotel rooms concurrently with the grand opening date for the retail, dining and entertainment components of the Projed. Prior to the first final building and The property owner/developer shall have been issued building permits and construction shall Planning Department, zoning inspection, certificate of have commenced on the remaining hotel rooms. Planning Division; occupancy, or commencement of any activities/uses authorized by Conditional Use Permit No. 4078, and, As soon as practical following the The property owner/developer will open the balance of the hotel rooms. Planning Department, grand opening date for the rest of Planning Division; the Projed, but in no event any later than 18 months after commencement of any adivities/uses authorized by Conditional Use Permit No. 4078 LAND USE COMPATIBILITY Prior to approval of the Final Site The property owner/developer shall submit plans detailing the setbacks for the parking Planning Department, Plan structures and landscaping plans which minimize compatibility impacts of the parking facilities Planning Division on surroundin areas, consistent with Section 5.8 of The Disne land Resort S ecific Plan. Prior to issuance of the first building A pre-project study of radio transmission from the AM 1500 Highway Advisory Radio Planning Department, permit Transmission Tower located on the Fire Station No: 3 site shall be conducted by the property Planning Division owner/developer to detemtine baseline conditions. Six months after topping out or any earlier time as determined necessary by the City of Anaheim, afollow=up study of radio tower transmissions shall be undertaken immediate) b the ro ert owner/develo er. If the Cit of pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Projed: Pointe~Anaheim Page 3 ....,:... _..:. :.:...::::..:.:::::::. ..........::....:.:.::::::::.::: ......................:::::.?rmm :.:::.~::::.:...:..,............. ............. 9 . .. .... ; ..... >::: .:::::::.::.::.:.::.;::;:.:::>: :::.:.:.:::.:.;..:..:;:.;:;:::::;.::::.. ...:. : .:...:.::.:.:::..:::....................................:.....:...: ........:::::::::: ZVI~...~............:............................~:..:.::::::::.::::.~....:..:...:.:.:.....:...... ... .................... ..... .............::::::::::....::: : :::.: :;:.;:::. ............ . < sable for- Res on _ _ .... P: . ........ . .................. . . . . :. ;: ;: _Mon to n Anaheim determines that the proposed project creates a significant impad on radio transmission, a signal booster relay system, tower relocation, or other solution as approved by the City of Anaheim shall be implemented by the property owner/developer as soon as racticable. TRANSPORTATION AND CIRCULAT ION Prior to issuance of each building Appropriate traffic signal assessment fees shall be paid by the property owner/developer to the Planning Department, permit City of Anaheim in amounts determined by the City Council Resolution in effect at the time of Building Division; Public issuance of the building permit or credit given for City-authorized improvements. Works Department, Traffic and Transportation Division Prior to approval of the first final The property owner/developer shall irrevocably offer for dedication (with subordination of Planning Department, subdivision map or issuance of the easements), including necessary construdion easements, the ultimate rights-of-way (as Planning Division; Public first building permit, whichever indicated in the General Plan Circulation Element) for the following arterial highway/street half- Works Department, occurs first sections on or adjacent to parcels under its ownership to the City of Anaheim: Development Services Division a. Katella Avenue (to ultimate 8-lane facility} b. Harbor Boulevard c. Disney Way (currently Freedman Way) d. Freedman Way (currently Clementine Street} Within 120 days of acquiring If, after the initial dedications, any additional parcels are acquired by the property Planning Department, properties adjacent to arterial owner/developer adjacent to the arterial highway/street intersedion half-sedions included in Planning Division; Public highways/street intersedion half MM 3.3-3A of Modified Mitigation Monitoring Program No. 0067, the applicant shall notify the Works Department, sedions City in writing of said acquisition and the ultimate rights-of-way for said properties shall be Development Services irrevocably offered for dedication to the City of Anaheim. Division Prior to approval of the first grading A phasing plan shall be submitted for review and approval to the City Engineer demonstrating Public Works Department, plan how the following improvements, as approved by the City Engineer, will be construded by the Traffic and Transportation property owner/developer: Division - Freedman WaylPointe-~Anaheim driveway intersection and signal; - Freedman Way between Disney Way and Katella Avenue (including the median); and -Dual westbound and northbound left tum lanes at the intersedion of Disney Way and Freedman Way Prior to issuance of each building Appropriate traffic impact and improvement fees shall be paid by the property owner/developer Planning Department, permit to the City of Anaheim in amounts determined by the City Council Resolution in effect at the Building Division; Public time of issuance of the building permit with credit given for City-authorized improvements Works Department, Traffic provided by the property owner/developer; and, participate in all applicable reimbursement or and Transportation benefit districts which have been established. Division pamtncc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 4 TABLE 4.3-8 LOCATIONS FOR IMPLEMENTATION OF SCOOT SIGNAL SYSTEM UPGRADE MITIGATION MEASURE Intersection Install SCOOT Install 2070 Traffic Loop Detectors Signal Controller Ball 8~ Harbor X Harbor ~ I-5 NB Ramps X Harbor 8 I-5 SB Ramps X Harbor ~ Manchester X Harbor 8~ Esplanade X Harbor 8~ Disney Way X Hafior ~ Katella X Katella 8 Freedman X Katella 8~ Haster X X Katella 8~ I-5 SB Ramps X X Katella & I-5 NB Ramps X X Katella & Lewis X X Freedman 8~ Disney Way X X Disney Way & I-5 SB Ramps X X Disney Way 8~ Haster X X Freedman & Pointe Anaheim Access X X painct~cc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 5 :;;::.:<.::.:;::.::.:.:-.:<;<.::>::;:.;:.:. .......................... :.:::::::.:::.:::.:.::...::.:>;.:::.:::.:.::.::.:.g::::::::.:..:...:.:....::::::.:... ..:.:...::::.::;.:;.;:.;:;:.:::<.::.::.:.;:<:::<.;:.: ;:.:.:<.:: u~......:........................:.::.::.. ... Res :ons~bflefar. Prior to the first final building and The Property owner/developer shall provide proof of participation in the Anaheim Public Works Department, zoning inspection; and, Transportation Network (ATN) Traffic and Transportation Division On-going during Project operations Every owner and/or lessee shall be a voting member of the Anaheim Transportation Network (ATN), subject to the terms and provisions of the by-laws and association rules of the ATN. Every owner and/or lessee shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. Every owner and/or lessee shall financially participate in the operation of a clean fuel shuttle system, if established. Every owner and/or lessee shall designate an on-site contact who will be responsible for coordinatin with the ATN and im lementin all tri miti ation measures. Prior to approval of the Final Site A Parking Structure Layout and Signing Plan demonstrating a layout of required parking spaces Public Works Department, Plan and signage shall be provided to the Public Works Department, Traffic and Transportation Traffic and Transportation Manager, for review and approval. Division Prior to final building and zoning The property owner/developer will implement and administer a comprehensive Transportation Public Works Department, inspection; and, on-going during Demand Management (TDM) program for all employees. Objectives of the TDM program shall Traffic and Transportation Project operations be to increase ridesharing and use of alternative transportation modes by guests and provide a Division menu of commute alternatives for employees to reduce project-generated trips. A menu of TDM program strategies and elements for future employee commute options include, but are not limited to, the following: Onsite Service. Onsite services, such as food, retail, and other services be provided. • Ridesharing. A computer listing of all employee members be developed for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. • 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 rovided. punmcc.doc 6-r8-99 Mitigation Monitoring Plan No. 004 Projed: Pointe~Anaheim Page 6 .;::.;;;:.::.:; :::.:.....:::::::::.: _ Trm ... ...::...................... .....: ................... :<>:;;:;:~::::<~::<: .........::::.::.:::.~::.::::.::.~:::...............................r:::.::.::. .... :::.:.:. ..... ....:: : .::::::::.:...:.:.:.:.::.::::.:::::::::::....................:::..::::.:..:..:.............::.....::::::::.:...::.::::.:::.:........... , . .tile for 'torin n~_ • Shuttle Service. A computer listing of all employees living in proximity to the project be generated, and a local shuttle program offered to encourage employees to travel to work by means other than the automobile. Bicycling. A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program. Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options. . Rental Car Fleet. A "fleet vehicle" program be developed to provide employees who travel to -work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help employees use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Guaranteed Ride Home Program. A program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. • Target Redudion of Longest Commute Trip. An incentives program for ridesharing and other alternative transportation modes to put highest priority on redudion of longest employee commute trips. • Stagger shifts. • Develop a "compressed work week' program, which provides for fewer work days but longer daily shifts as an option for employees. Explore the possibility of a "telecommuting" program that would link some employees via eledronic 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 Redudion. Ticket/passes to special events, vacations, etc. be offered to employees who recruit other employees for vanpool, carpool, or other trip redudion programs. • Actively recruit prospedive 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 redudion of longest commute trips. .ate 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 7 >::<::::. :.:.:: .:.::...:.: :. ~;: .................. .. .................Timm .............:..:. ,.. ....... ::..::.:.:.:::::::.:::::::.::::...:..:....::...:.g::::.:::::....... ...... .... ' :>~:>>::>;;`>~>><:<<:>:>:<:::><:: ... >:<:::::;<:>>:>>~... ; . ........................ ............Measure.:::.::::;::::;»:::::;;>;<::. ~::::::-::«:;: <: <:<::>:<:::<::;::>:;::»:>:<>::: <:.>:::;... .. ... .:::::..:..~::.::..:..:::::::.::..:::..:..::.~::.::.::::::::.::.... ......................................................... .........:.:.:::::..:....::.:: .. ,. Res "onsible for P -, Manitarin Prior to the first final building and The property owner/developer will provide a Parking Maintenance and Operation Plan to the Public Works Department, zoning inspection; and Public Works Department, Traffic and Transportation Manager, for review and approval; and, Traffic and Transportation implementation on-going during said Plan shall be implemented on an on-going basis during Project operation. Division Project operations TRANSPORTATION AND CIRCULA TION Parkin Prior to approval of the Final Site The Pointe Anaheim parking structure will be designed to provide striped parking spaces for Public Works Department, Plan; and to 400 more vehicles. The size of 4,800 cars and 25 bus spaces, with the ability to accommoda Traffic and Transportation _ the parking garage will increase to approximately 1,600,000 square feet, and will add up to two Division levels to the garage structure. The height of the structure will be within the established height limitations set forth in The Disneyland Resort Specific Plan. Prior to the first building and zoning Further, the property owner/developer will submit a plan to the City's Traffic and Transportation inspection Manager for review and approval demonstrating how the property owner/developer will either provide or cause to be provided on the days and at the times needed to accommodate guest demand, tandem employee parking, valet parking (for hotel, retail, dining and entertainment uses), or other means to increase the number of City standard dimensioned parking spaces available for visitors to Pointe Anaheim, bringing the total number of vehicles that can be accommodated in the garage to 5,200 cars. Pedestrian Safe Upon commencement of any If reasonably needed in order to regulate the flow of pedestrian traffic, as determined by the Public Works Department, activity/uses authorized by City's Traffic and Transportation Manager, the property owner/developer shall pay all costs Traffic and Transportation Conditional Use Permit No. 4078; associated with providing one or more pedestrian crossing officers at Harbor Boulevard and Division and, on-going during Project Disney Way, in order to facilitate the flow of pedestrians during the "Peak Period,' which is operations defined as the time period from 5:00 p.m. to 9:00 p.m. during the following seasonal peaks: the Memorial Day weekend through the Labor Day weekend; the week prior to, during and following Christmas week; Easter weeks (one week before and one week after); and, at any other time determined to be necessary by the City's Traffic and Transportation Manager. The continued need for this officer(s) will be reviewed by the City's Traffic and Transportation Manager at least once annually, and the days and/or hours of pedestrian crossing officer staffing shall be adjusted, when determined necessary by the City's Traffic and Transportation Manager. pammoc.doc 6-r 8-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 8 :...:Timm ..; ::..:.....:::...:: .. :..:......: Iii.............::::::............ . :....::>:»::>;:<~~>:<>>:.:>::>:.>:;::;.:;; .>::::_:>:::>~;.::;: <::>:;::,.::::>:;.:::. :;<:::::::<::::::<::~<::::::<:>::>~:::::::::<:>;»:::<:>>>::::::::»>::::> <:::::><::::::>:..:.::M~asurs.::>:::::~>:<:::::<:::»;::;:«::,>:... :Res ansib a fore Prior to the first final building and The property owner/developer shall submit to the City's Traffic and Transportation Manager for Public Works Department, zoning inspection; and, review and approval, a program for coordinating traffic signal timing in the area (within the Traffic and Transportation limits of the Scoot signal upgrades) which shall thereafter be implemented by the property Division owner/developer. In addition, the property owner/developer shall submit to the City's Traffic and Transportation Manager for review and approval, a study assessing the benefits of restricting, during certain peak exiting times, pedestrian crossings on the crosswalk located on the north side of the intersection of Harbor Boulevard and Disney Way to improve the circulation of vehicular traffic by causing all east-west crossing pedestrian traffic to occur on the south side of such intersection where pedestrian crossings will not slow the east to north fuming movement of cars exiting Disneyland. On-going during Project operations If such restricted pedestrian movement is determined to be necessary by the City's Traffic and Transportation Manager, the property owner/developer shall pay all costs associated with the design and implementation of such restricted crosswalk for this intersection to the satisfaction of the City Engineer, within the timeframe established by the City Engineer. AIR QUALITY Prior to issuance of each building The property owner/developer shall comply with all SCAQMD offset regulations and South Coast Air Quality permit implementation of Best Available Control Technology (BACT) for all permitted new and Management District; modified stationary sources. Copies of permits shall be given to the Planning Department. Planning Department, Planning Division On-going during Project operations The property owner/developer shall schedule goods movements for off-peak traffic hours to Public Works Department, reduce emissions to the extent practicable. Traffic and Transportation Division Prior to issuance of each building The property owner/developer shall submit evidence that low emission paints and coatings are South Coast Air Quality permit utilized in the design and construction of buildings in compliance with AQMD regulations. This Management District; information shall be denoted on the project plans and specifications. Planning Department, Building Division Prior to issuance of each building The project design will incorporate the following energy-saving features which will also Public Utilities permit contribute to reduced emissions: Department, Electric Services Administration, . Improved thermal integrity of structures and reduced thermal load through use of automated Resource Efficiency time clocks or occupant sensors. • Efficient heating and other appliances. • Incorporation of appropriate passive solar design. • Proper sealing of buildings. pa,YUnoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 9 .:.. ..a ..... ..... :.............:.:..:.::.:::.:::.....:...:.::9:.........:.:.:::.............. .. ...............................................................................Nees:are........:::-:>:-::::.>.>.:::<::::>::>:::::<:::.> ...:.......:.: .. ....: ;::. ~ .... ,..:............:..:.:............................................................................................................................................ .......... ................. ;Res ons~ble f _ .... ar ' . ::..;::: .::::...:.. o ' o 'n M n n . :.... . . On-going during Project operations The property owner/developer shall participate in marketing programs which promote the Public Works Department, Anaheim Resort area as amini-vacation site to encourage use of facilities within the area Traffic and Transportation rather than takin cars to destinations off-site. Division NOISE Prior to approval of the Final Site The design and orientation of any use, such as those which could involve amplified live music Planning Department, Plan and open-air festival events, shall be reviewed by a certified acoustical engineer. The property Building Division and owner/developer shall submit a report, for review and approval by the City, to ensure that noise Code Enforcement from areas which involve live amplified music and/or open-air festival events, do not exceed Division the noise levels established by the City of Anaheim Sound Pressure Level Ordinance. Prior to final building and zoning A Noise Monitoring Program prepared by a certified acoustical engineer shall be submitted to Planning Department, inspections the Planning Department for review and approval for any component of Pointe Anaheim that Planning Division and has the potential to involve amplified music or noise from open-air festival events and, within Building Division nine months of commencement of said activity, the property owner/developer shall submit the results of the Noise Monitoring Program conducted by a certified acoustical engineer to ensure that there are no violations of the Sound Pressure Level Ordinance from the Pointe Anaheim activity outside the Project. If noise in excess of the Sound Pressure Level Ordinance is detected, the property owner/developer shall modify operations within three days to bring the noise-generating activity into conformance with the Sound Pressure Level Ordinance. EARTH RESOURCES -GEOLOGY, SOILS AND SEISMICITY Prior to approval of each grading The property owner/developer shall submit a thorough soils and geological report for the area Public Works Department, plan ~ to be graded, based on proposed grading and prepared by an engineering geologist and Development Services geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Code. Division Prior to issuance of each building The property owner/developer shall submit for review and approval detailed foundation design Planning Department, permit information for the subject buildings, prepared by a civil engineer, based on recommendations Building Division by a geotechnical engineer. Prior to issuance of each foundation The property owner/developer shall submit a report prepared by a geotechnical engineer for Planning Department, permit review and approval which shall investigate the subject foundation excavations to determine if Building Division soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. Prior to issuance of each building The property owner/developer shall submit plans showing that the proposed structure has been Planning Department, permit analyzed for earthquake loading and designed according to the most recent seismic standards Building Division in the Unifomt Building Code adopted by the City of Anaheim. ~a,a~.a~ 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 10 . ......:': _ _ Timm :;:;:::;:>:>::::::;:::::<::::::::::::>< :::<:>::::.><a::;::::.::.>::;;.. .~.~.::: <::. eas.ure .....:..:....::.~ ....:::,.:::: ......... ...;> __ _. ; 'ble for : Res on ~_ GROUNDWATER AND SURFACE HYDROLOGY Prior to approval of a grading plan; The property owner/developer shall submit a Master Drainage and Runoff Management Plan Public Works Department, and, implemented during Project (MDRMP) for review and approval and pay the required South Central Area Master Plan of Development Services construction and operation Drainage (SCAMPD) storm drain fees. The Master Plan shall include, but not be limited to, the Division; Regional Water following items: Quality Control Board; Orange County Flood a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic Control District calculations for storms up to and including the 100-year storm. b. A delineation of the improvements to be implemented for control of project-generated drainage and runoff. c. Detailed assessment of existing water quality, potential water quality impacts, and a description of proposed measures to maintain water quality to the extent required by the National Pollutant Discharge Elimination System (NPDES) and its regulations, including the following: (1) Incorporation of structural and nonstructural City-controlled Best Management Practices (BMPs). BMPs shall, to the extent permitted by law, include, but are not limited to, containment of masonry and paint wastes on the construction site; proper disposal of vehicle fuel and maintenance wastes; disposal of trash and debris; prohibiting water wash down of paved areas (both during and after construction unless allowed by the NPDES permit); and education/training for construction workers on these practices. Engineering details, maintenance procedures, and funding responsibilities of these BMPs shall also be described. (2) Incorporation of measures to comply with applicable actions to be identified by the RWQCB in conformance with the State Water Resources Control Board (SWRCB) statewide water quality control plan for inland surface waters, adopted April 11, 1991. (3) Description of a water quality monitoring program to monitor water quality during and subsequent to construction and to evaluate the effectiveness of BMPs. The water quality monitoring program shall identify: (1) the person/agency responsible for implementing the program, (2) sources of pollutants in runoff (e.g., nuisance flows from development areas, irrigation flows), (3) specific types of pollutants expected in runoff that will be monitored (e.g., total suspended solids, phosphorous, lead), (4) water quality sampling stations that are representative of runoff from the sources identified above, 5 sam lin ram methodolo , includin devices to pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 11 .. 9..,:...::.::.:::.. ......: :~:.~ :::::::::.::.:.::141easu~ .........::... >:::~::~::::>::: < . ......... _ _ _ ............. __ .... ....:....:... . 'Res onsible for _ _. ~ .. >.?:::;~:::~«:::::>:::>::>:>;<>:<:»»:<~~ :><:::<::::<:>~>::>:>?<:>:»:<~::»:::<>::><:::::<:>>:::;:<::<::::::>::>:~><>:::;::>::;::;::>:;>::>::»::;:.::;:<:::>:::<:::>:°::~ .:..~ Monitory be used and frequency and duration of sampling, (ti) method for evaluating data collected from a sampling program, including threshold standards for determining effectiveness of BMPs, and (~ additional measures, if necessary, to increase the effectiveness of the BMPs to the threshold standards identified in C 1 above. Prior to issuance of each building The property owner/developer shall submit landscaping and irrigation plans and an Irrigation Public Utilities permit Management Program. This landscape plan shall include a maintenance program to control Department, Electric the use of fertilizers and pesticides, and an irrigation system designed to minimize surface Services Administration, runoff and overwatering. Additionally: Resource Efficiency; Community Services a. The landscape plans shall be prepared and certified by a licensed landscape architect. Department, Parks The landscape architect shall submit plans in accordance with Anaheim's Landscape Division; Planning Water Efficiency Ordinance and Guidelines. Department, Planning Division b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the maximum annual water allowance for the project not exceed 80 percent of the mean annual evapotranspiration, or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reclaimed water, if it should become available. On-going during Project operations The property owner/developer shall provide for the following: cleaning of all paved areas not Public Works Department, maintained by the City of Anaheim including, but not limited to, private streets and parking lots Streets and Sanitation on not less than a monthly basis. Using water to clean streets, parking lots, and other areas Division shall be allowed on a periodic basis if allowed in the applicant's NPDES permit. Nightly washdown shall be allowed where advisable to maintain safe and sanitary working conditions, if allowed in the property owner/developer's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer's NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. pammoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 12 Taman ..;..:..>:>:>:>:::>:<;::::»::>:::,;.:::::;:: ....::' .....:..:.:.:::::................ _ ....... a sible for _ , . . Prior to each final building and The property owner/developer shall submit a Certificate of Substantial Completion, as Planning Department, zoning inspection described in the Specific Plan, which establishes that the landscape irrigation systems have Planning Division been installed ass ecified in the a roved landsca in and irri ation lens. To be installed with Project water To reduce the project's demand on potable water, the property owner/developer shall install Public Utilities mains; and, to be connected if water lines on-site so that reclaimed water may be used for landscape irrigation and other Department, Water reclaimed water becomes available a oses. Services Administration CONSTRUCTION Demolition And Earthwork Prior to issuance of each grading The property owner/developer shall submit Demolition and Import/F~cport Plans. The plans Public Works Department, permit (for Import/ F~cport Plan) and shall include identification.of offsite locations for material export from the project and options Traffic and Transportation prior to issuance of demolition for disposal of excess material. These options may include recycling of materials onsite, sale Division permit (for. Demolition Plan) to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. Trans ortation and Circulation Prior to issuance of the first building The property owner/developer shall submit a Traffic Mitigation and Construction Phasing and Public Works Department, permit; and, Control Plan. The Traffic Mitigation, Construction Phasing and Control Plan shall identify the Traffic and Transportation following: Division; Planning Department, Planning a. A Construction Staging Area Plan showing the location and size of the construction staging Division area. The Plan shall also show how the staging area will be screened from view in compliance with the City of Anaheim Municipal Code. Prior to approval of a grading plan or b. A Construction Barrier Plan showing the location and types of barriers that will be in place issuance of demolition or building during grading and construction. Said plan shall provide for all construction areas to be permits, whichever occurs first; and, screened from view, in compliance with the City of Anaheim Municipal Code and shall include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, site preparation, or grading, whichever occurs first. Prior to approval of a grading plan or c. A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to issuance of demolition or building the extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan permit, whichever occurs first; and, shall show conformance with the 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 awe from residential streets and travel on a roved routes onl . pammoc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 73 ..::,.:: ..:; .. ...........9::::::: .: .......... . :::...............::..............................:............:::::::::.....ea..:............::.................:..~..::::::..::.. :.:::..~:.:......::::::.::.......:....:,.. .....:::.....:...........:.::..:....:........ _. ,: _. . e.. onsibl.: for Measures to assist in guiding truck movement on the arterial roadway system include, but Public Works Department, are not limited to, provision of truck route maps to track drivers and placement of Traffic and Transportation flagpersons and construction signage at appropriate locations. The Truck Route Plan shall Division; Planning provide for monitoring of street conditions and potential repairing and/or repaving by Department, Code property owner/developer after completion of construction as required by the City Enforcement Division Engineer. This plan shall be adhered to throughout the project construction period. Prior to approval of a grading plan or .d. A Construction Traffic Management Plan which includes mechanisms to reduce Public Works Department, issuance of demolition or building construction-related traffic congestion which shall be implemented during grading and Traffic and Transportation permit, whichever occurs first; and, construction, including, but not limited to, the following: Division (1) Configure construction parking to minimize onsite and offsite traffic interterence. (2) Minimize obstruction ofthrough-traffic lanes. (3) Provide flagpersons to guide traffic, as determined in the plan. Prior to approval of the first grading e. A Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential Public Works Department, plan; and, vehicle trips on the road and identify parking locations for construction employees and Traffic and Transportation equipment. Division; Planning Department, Planning Division Prior to issuance of the first building f. A Traffic Management Plan for phasing of roadway improvements, specifying the Public Works Department, permit; and, sequencing of construction to do the following: Traffic and Transportation Division (1) Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. (2) Outline .procedures for any required traffic detours during construction, including . provision of tour bus stops. (3) Phase each roadway improvement to allow access to all existing businesses. In some instances this will require lane-by-lane renovation, temporary bypass roads, or traffic reroutes. , (4) Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. punmx.doa 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 14 .:.::.::..;: 'Ttmi _ :::..:. :........ ... n .................:. ::.:;:...:::.:<::;:;<:::;::.:;:::.:.:;:.:~,.:::,.::.;:.;:..:.;:;:<::.:.:.:,,:...:.;:,::;:.:;..tlllea ure :...>.. .:..... .:..:.::..:::::: ...:<.:...:::.:::::......:~..::.:.:...::.:..:::::.:::::.:....:::.:..:....::<...::::.:.:..::::. s. .......... .;.::..~. ..... , :.: _ R o le ; es ..nsrb for .................. . ..:::.. ::::: (5) Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. (ti) Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. (7) Identify how the project improvements construction schedules and haul routes will ~ be coordinated with other areawide improvements. The property owner/developer shall coorcfinate with the Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel. Prior to issuance of the first building g. An Infrastructure Coordination Plan showing how the project improvement construction Public Works Department, permit schedules and haul routes will be coordinated with other areawide improvements. The Traffic and Transportation property owner/developer shall coordinate with adjacent uses to ensure continued Division operations of these facilities, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel. On-going during construction The property owner/developer shall submit a quarterly update report showing construction Public Works Department, activities for the upcoming quarter which shall include traffic mitigation and control planning Traffic and Transportation and construction scheduling. Division Prior to approval of each grading The property owner/developer shall show how the project will be in compliance with the Traffic Public Works Department, plan Mitigation and Construction Phasing and Control Plan. Traffic and Transportation Division and Development Services Division On-going during construction If Anaheim Police Department or Anaheim TMC personnel are required to provide temporary Police Department; Public traffic control services, the property owner/developer shall reimburse the City, on a fair share Works Department, Traffic basis, if applicable, for reasonable costs associated with such services, and Transportation Division punmcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 15 ~niforin for Alr Qual" On-going during construction The following measures will be followed by the property owner/developer to reduce air quality Planning Department, impacts: Building Division; Public Works Department, a. Normal wetting procedures or other dust palliative measures shall be followed during Development Services earth-moving operations to minimize fugitive dust emissions, in compliance with the City Division of Anaheim Municipal Code. b. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice a day to assist in minimizing fugitive dust; haul routes shall lie cleared as needed if spills of material exported from the project site occur. c. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. d. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. e. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. f. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. g. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during second stage smog alerts. h. The project will comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. i. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. j. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. k. Maintain construction equipment engines by keeping them properly tuned. I. Use low sulfur fuel for equipment, to the extent practicable. .ate 6-18-99 Mitigation Monitoring Plan No. 004 Projed: Pointe~Anaheim Page 16 ......... :: :: :.:::<:.:::;.:>:>;::::«::._ .............. ... ................ 9.... :::::»;::::::.:;:.:;::.;:::;: _ ... . ...:::.::.:.::::.:::.::::..~::::.:.:.::::.:.:.....:::.::..:.~:::::.::::::.:.~:::.~:Measures.......................:,:.:::,:: ;.:.. ,:::....:.:, .:..:::::::::.:::.: :::..:.:.:.:.:..::.::....:...::::...:..:..:..:..:......::..................... ..:....... .: ':..:....Rss onsrb a or.: . On-going during construdion The property owner/developer shall implement the following to limit emissions from Air Quality Management architedural coatings and asphalt usage: District; Planning Department, Building a. Use nonsolvent-based coatings on buildings, wherever appropriate. Division b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. On-going during construdion All construdion contradors shall comply with SCAQMD regulations, including Rule 402 which Air Quality Management specifies that no there be no dust impads offsite sufficient to cause a nuisance, and SCAQMD Distrid; Planning Rule 403, which restricts visible emissions from construdion. Rule 403 was amended by the Department, Building SCAQMD after preparation of The Disneyland Resort EIR No. 311. Specific measures Division contained in the rule to reduce fugitive dust include the following a. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surtace. 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 construdion site. d. Wash mud-covered tires and under-carriages of trucks leaving construdion sites. e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construdion vehicles or mud which would otherwise be carried off by trucks departing projed sites. Noise On-going during demolition and Construdion noise shall be limited by the property owner/developer to 60 dBA along the Planning Department, construdion property boundaries before 7:00 a.m. and after 7:00 p.m. as governed by Chapter 6.7, Sound Building Division and Pressure Levels, of the Anaheim Municipal Code. Code Enforcement Division psma-cc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 17 . ..:..:..... _ .::.::::::..::......:..:...:. .Timm -:;::<.:.;.:::.;::..;<::.;:.>:~::-~::.:;:;;:~:>::::;<:>::.::.:;:::~:,::.<.»;:>;.~::;::::::.::.<:::»::::: , :.....:._ __ ::. es onsible for .. .: . ... On-going during construction The property owner/developer shall ensure that all internal combustion engines on construction Planning Department, e ui ment are fitted with ro r•I maintained mufflers. Buildin Division H drol and Erosion On-going during grading operations The property owner/developer shall implement standard practices from all applicable codes and Public Works Department, ordinances to prevent erosion. Development Services Division Prior to issuance of each grading The property owner/developer shall obtain required NPDES construction storm permits from Regional Water Quality permit the State Water Resources Control Board, if applicable. Copies of the Notice of Intent or Control Board; Public permits, as applicable, shall be submitted to the City Engineer. Works Department, Development Services Division Hazardous Materials On-going during demolition and In the event that hazaMous waste, including asbestos, is discovered during site preparation or Air Quality Management constrcrction construction, the property owner/developer shall ensure that the identified hazardous waste District; Orange County and/or hazardous material are handled and disposed of in the manner specified by the State of Health Department; California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter Planning Department, 6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22, Building Division; Fire and the Uniform Fire Code, Article 87. Department, Environmental Protection A enc EMPLOYMENT, POPULATION AND HOUSING On-going during Project operations The property owner/developer will aggressively recruit workers who are already part of the Planning Department, resident work force in the region. Implementation of The Disneyland Resort Specific Plan will Planning Division further efforts in offerin em to ment o rtunities at various socioeconomic levels. PUBLIC SERVICES AND UTILITIES Fire Protection Prior to commencement of structural On-site fire hydrants shall be installed and charged, as required, by the property Fire Department framing on each parcel or lot owner/developer. Prior to approval of each grading The property owner/developer shall submit an emergency fire access plan to ensure that Fire Department Ian service to the site is in accordance with Fire De artment service re uirements. Prior to issuance of each building The property owner/developer shall submit a Construction Fire Protection Plan which shall Fire Department permit include detailed design plans for accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and h drants shall be o erational with re wired fire flow. pammcc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 18 min ............. :::: .:.:. ..............................9............................ ~::.::::;.:.~::::.:::::::....:. ::::::::;<;~:.><:<~;:.;;::>:;:<.;::::::::;>Measure~:<.;::;:;::::;<>:::.:.;:<::.;;;::;:::::>;:.:::<::>~><~<::>::<:;::;::<:::<::<::: .....:::......................................::.:::::....:...:.:..:.:.:...::::.,,::;.:...::::. ::......... .:.:.::.:........:...:.,;,:.:::...:.:::..;.:::.. .:.:.:::..::.::, :..:: _ . ,,.: - s,>ons'bl _ ~ p ....... t-_ a for :::.: .......................................................................... :.::.,. ........ _. n _. Prior to issuance of each building Plans shall indicate that all buildings, exclusive of open panting structures, shall have sprinklers Fire Department permit; to be implemented prior to installed by property owner/developer. each final building and zoning ins coon Prior to Issuance of each building Plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department permit Fire Department Standarcls, including: . a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate offsite public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydrants shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. e. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. Prior to issuance of the first building The property owner/developer shall comply with the Fire Protection Facilities and Paramedic Fire Department permit Services Impact Fee Program (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995). Prior to approval of street The water supply system shall be designed by the property owner/developer to provide Fire Department, Public improvement plans sufficient fire flow pressure and storage for the proposed land uses and fire protection in Utilities Department, accordance with Fire Department requirements. Water Services Administration Prior to each final building and The property owner/developer shall place emergency telephone service numbers in prominent Fire Department zoning inspection locations as approved by the Fire Department. On-going during Project operations The property owner/developer shall coordinate earthquake training with the Fire Department for Fire Department hotel staff and other employees. ~~.a~ 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 19 :<::><:<:»::~ ... :.:.:.::..: .....::::.;:,..:: :.:::::..:......: ....:...................:...................9....:....:........ ......... ..... M . sum...... ...... ...... :..:. :.... ;;:.:::.::.:::.;::::;:::;;;;~.:;:~:;:.:;:.;:.;....::.~:::::.:::::.:::.:...:::.:~.;:.::.>:.:::.:~.; ea ........................ ..........................................................................................................................:......................~::::.:..:.:.:.~:.. ,.. _ e s r a ib a fo p ................ . Prior to issuance of each building The property ownerldevelopershail submit an earthquake emergency response plan for review Fire Department permit for hotels and approval. That plan shall require posted notices in all hotel rooms on earthquake safety procedures. Police Services Prior to issuance of the first building Plans shall tie submitted showing the location of a police/security office identifiable and easily Police Department permit; and, accessible by the public (i.e., "store-front" type of space) along with dedicated parking spaces for Police Department employees working in the space within the project site to the satisfaction of the Police Department. Prior to the first final building and Said space shall be made available to the Police Department for permanent occupancy at no zoning inspection cost to the City. On-going during Project operations Property owner/developer shall staff the Project with the needed level of uniformed private Police Department security officers working in pairs for patrol and surveillance of the facilities to the satisfaction of the Police Department, including possibly 24-hour coverage. Prior to issuance of each building The Police Department shall review and approve the safety measures incorporated into the Police Department permit project including the parking structures. The security measures shall include, but not be limited to, closed circuit television surveillance/ cameras and recording equipment or other substitute security measures as may be approved by the Police Department for the parking structures/facilities, lighting, and other defensible space measures throughout the project, as ' determined necessa b the Police De artment. Solid Waste Prior to the first final zoning and The property owner/developer shall submit project plans to the Director of Maintenance for Public Works Department, building inspection review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Streets and Sanitation Act of 1989, as implemented by the City of Anaheim, the County of Orange Integrated Waste Division Management Plan, and the City of Anaheim Integrated Waste Management Plan. Prior to the first final zoning and A Solid Waste Management Plan shall be submitted for review and approval by the property Public Worics Department, building inspection; and, owner/developer to ensure that the project plans comply with AB 939, as administered by City Streets and Sanitation implemented during Project of Anaheim, and the County's and City's Integrated Waste Management Plans. Waste Division operations management mitigation measures that shall be taken to reduce solid waste generation shall include: a. Detailing the locations and design of solid waste and recyclables storage and collection facilities. ~~.a~ 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 20 __ ... ..... Taman :.. ...... 9;..::::: ,.: :,.:.:...;.:;;:~..::.:::.:;..:.:::.~:..~::::::::.; :<:>:«::::<:<<:::>::> Measure:..,.:::..::::::::::...:::::::::<:::::.;:: ... ....:.:::.::.::..: :.:.:::...... - ........................... _ ... Res . _ s"b e on r I for _._ _.... _.._ b. Complying with all Federal, State, and City regulations for hazardous material disposal. c. Participating in the City of Anaheim's voluntary "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid waste reduction programs including, but not limited to, the following: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collection and baling. Facilitating glass recycling (especially from restaurants} by providing adequate space for sorting and storing. • Providing trash compactors for nonrecyclable materials, whenever feasible, to reduce the total volume of solid waste and the number of trips required for collection. . Prohibition of curbside pick-up within the Pointe Anaheim project. • Rec clin of landsca a reen waste. Schools Prior to issuance of each building The property owner/developer shall provide proof that school impact fees have been paid Planning Department, permit consistent with State statute. Building Division Prior to commencement of The property owner/ developer shall coordinate with the Anaheim Union High Schoo{ District to Planning Department, uses/activities authorized by incorporate a retail training program into the Project for interested high school seniors. Planning Division Conditional Use Permit No. 4078; and, on-going during Project o rations Prior to commencement of The property owner/ developer shall coordinate with the school districts in Anaheim to Planning Department, uses/activities authorized by incorporate a school program into the onsite theaters for the benefit of local school children. Planning Division Conditional Use Permit No. 4078; and, on-going during Project operations part~moc.doc 6-18-99 Mitigation Monitoring Plan No. 004 Project; Pointe~Anaheim Page 21 Use of self-closing valves on drinking fountains Use of reclaimed water for irrigation and washdown when it becomes available Continuation of the existing cooling tower re-circulation system Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors Low-flow shower heads in hotels Water-efficient ice machines, dishwashers, Gothes washers, and other water-using appliances Use of irrigation systems primarily at night when evaporation rates are lowest Provide information to the public in conspicuous places regarding water conservation Use ofwater-conserving landscape plant materials wherever feasible Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas Prior to each final zoning and The property owneNdeveloper shall submit a certified water audit for landscape irrigation Public Utilities building inspection systems. Department, Electric Services Administration, Resource Efficiency ~~.a~ 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 22 ;:;::.<;~:.:::::<~: Timm ;: ...::.................................. .: es 'onsible fo <:::::.;:::< ....::... .:... ....;: .:::......... i....:. ~ . ............................................................... ................................................................................................ Monitorin Prior to issuance of the first building The property owner/developer shall comply with the adopted Anaheim Resort Water Facilities Public Utilities permit Fee Program (Rule 15E of the Water Utilities Rates, Rules and Regulations per Resolution No. Department, Water 95R-140 effective Se tember 1, 1995. Services Division Prior to approval of the Final Site The water backflow equipment and any other large water system equipment shall be shown on Public Utilities Plan; and, prior to final building and plans to the satisfaction of the Public Utilities Department, Water Utility Division, in either Department, Water zoning inspections underground vaults or behind the Setback Realm area in a manner fully screened from all Services Division ublic streets and alle s• and, the facilities will be installed in accordance with the tans. Prior to approval of the first Property owner/developer shall enter into an agreement recorded against the property with the Public Utilities subdivision map or issuance of the City of Anaheim, to the satisfaction of the Utilities Department and City of Anaheim Attorney's Department, Water first grading permit or building Office, to guarantee the property owner/developer's participation in water system Services Division permit, whichever occurs first improvements necessitated by the project. The agreement shall contain provisions requiring the property owner/developer to pay or cause to be paid its fair share funding for said improvements and/or construct said improvements, if determined to be necessary by the Utilities Department, with reimbursement by other beneficiaries in accordance with the Utility Rates, Rules, and Regulations. Costs shall include the payment for consultant/contractor services for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection, and any other related expenses. Further, the property owner/developer shall submit an engineering report and phasing plan for review and approval by the Utilities Department setting forth the extent and timing of the water system improvements necessitated by the project for use in implementing the agreement. The property owner/developer shall at all times perform its obligations as set forth in said a reement. Wastewater/Sewer Service Prior to the first final building and The property owner/developer shall comply with the Sewer Impact and Improvement Fee Public Works Department, zoning inspection Program for the South Central City Area (per Ordinance No. 5490 and Resolution No. 95R-60 Design Division dated April 16, 1995). This SCASDS Fee Program applies to the sewer discharge generated above the rate from the existing building footprints (prior to demolition) and up to the maximum of 639,000 peak gpd. This Fee Program does not apply and mitigate the need of the reverse sewer line in Katella Avenue. Prior to the first final building and A reverse-flow public sewer line shall be constructed in Katella Avenue from a point east of the Public Works Department, zoning inspection I-5/Anaheim Boulevard to State College Boulevard to accommodate the sewage flow in excess Design Division of that projected from the land uses permitted by The Disneyland Resort Specific Plan within the boundaries of Pointe Anaheim, which cannot be accommodated by current capacity. Line sizing and implementation of this measure will be as follows: Analyze the Pointe Anaheim sewer flows with the City's updated Basin 8 model to determine local sewer impacts and downstream impacts to the Katella sewer system. .aa 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 23 .. Titmrn :.>:;.:..;:.:....:.~:<~:~:~:::.:.:.; :>::,::;.~:::;.::<.~.;::.;.>:.:: :..::..::.::....: ....9 :.:.;... ;::.;:.:::.;;::.»:<;;.::;;«.::<.;:,.;;:.:::..::::..::~::::.;.;:: ::.....:.:::..:.>::.<;:<:.;::. .:;~::~:;:;.;::;:><..;<:::;:>«:>:>:::>::;>::>::»::;,::>::::>::»::>::>::;:~><~>::::~:::>~:.:;;::::::<::<:>»>::>::::>::>:<:>:::<:Mealure....:;::»<;<:;:>:>::><::«;:::°:<:><::>:>°::.>: ...... ... . <'>R s onsi le ... e b for . • Determine the size and limits of a new public sewer in Katella, east of Interstate 5, to intercept and redirect flows from the ASAMLUP tributaries. Coordinate all anal sis, findin s and contusions fora royal with the Cit of Anaheim. Storm Dralns Prior to issuance of the first building The property ownerldevelopershatl comply with the Storm Drain Impact and Improvement Fee Public Works Department, permit Program for the South Central City Area (per Ordinance No. 5491 and Resolution No. 95R-61 Design Division dated April 18, 1995); or, the City may enter into alternative financing arrangements with the ro rt owner/develo r rior to a royal of the first Gradin Plan. Electrlc Prior to issuance of each building The property owner/developer shall submit plans showing that each of the project's buildings Public Utilities permit will comply with the State Energy Conservation Standants for New Residential and Department, Electric Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations). Services Administration, Resource Efficienc Prior to issuance of each building In osier to conserve energy, the property owner/developer shall implement numerous energy Public Utilities permit; to be implemented prior to saving practices in compliance with Title 10, which may include the following: Department, Electric each final building and zoning Services Administration, inspection . Consultation with the City energy-conservation experts for assistance with energy- Resources Efficiency conservation design features. Use of high-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100-percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. Use of T8 lamps and electronic ballasts. Metal hallide orhigh-pressure sodium for outdoor li htin and arkin lots. Prior to issuance of the first building The property owner/developer shall install electrical and communication conduit and Public Utilities permit substructures within the development site to provide for electrical distribution to serve the Department, Electric various uses within the develo ment. Services Administration Prior to issuance of the first building The property ownerldevelopershatl pay fees in accordance with Anaheim's Electric Rates, Public Utilities permit Rules 8~ Regulations for installation of backbone cables, switches and related facilities to Department, Electric rovide electrical distribution to the develo ment site. Services Administration pu~.a~ 6-18-99 Mitigation Monitoring Plan No. Ol?4 Project: Pointe~Anaheim Page 24 . ......... - :>~::::;:::<:>.;: ::::.:...::::..::.::.:.:..:... Trman .......:::.:.:...:.......... :....:..::..:....:.....:.:.....:.:..:...........Q.................:.................. .. ;»>:<::: ~::>::::::::;::«;::;;::«<:::<:::>::;;::::>:;.::>::<:::~::>::>::::: ..:..............,.............................................:.:.:...._::..::.:::::.::: M~~.. v~:::::::.:::::.:.:::.:......................:...................................... . ,es on ' le for _ ...R . A , .. ,,. , nn "Morto Prior to issuance of each building The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Public Utilities permit Rules and Regulations for electrical commercial/industrial services for specific uses within the Department, Electric development site. Services Administration Prior to the issuance of the first Analysis and validation of available electricity capacity will be conducted to the satisfaction of Public Utilities building permit the Public Utilities Department and, if deemed necessary, additional mitigation will be provided Department, Electric by the property owner/developer to the satisfaction of the Public Utilities Department, if the Services Administration property owner/developer proposes to build the movie theater complex. Natural Gas Prior to issuance of each building The property owner/developer shall submit plans which shall ensure that buildings are in Public Utilities permit conformance with the State Energy Conservation Standards for nonresidential building (Title Department, Electric 24, Part 6, Article 2, Califomia Administrative Code). Services Administration, Resource Efficienc Prior to each final building and The property owner/developer shall implement a program (The Southern Califomia Gas Planning Department, zoning inspection Company has developed several programs which are intended to assist in the selection of the Building Division most energy-efficient water heaters and furnaces.), as required, to reduce the demand on natural gas supplies. Television Servlce/Rece tion Prior to issuance of the first building Apre-project study of area television reception shall be undertaken by the property Planning Department, permit owner/developer to determine baseline conditions; and, six months after topping out, afollow- Planning Division up study of area television reception shall be undertaken immediately by the property owner/developer. If the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences, a signal booster or relay system shall be installed on the roof of the tallest project building to restore broadcast television rece tion to its on final condition as soon as racticable. HAZARDOUS MATERIALS Prior to approval of the first grading Investigation for the presence of cryptic tanks using geophysical methods shall be conducted in Fire Department, plan or issuance of the first the subject area for the property owner/developer by a qualified environmental professional in Environmental Protection demolition permit, whichever occurs the areas of former service stations and those areas known or thought to have been formeriy Section first occupied by USTs and where tank removal has not been verified prior to excavation or grading in these areas. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes lace in these areas. .~ 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 25 _:<:<::»:<:><::<::<s><::::>:: ................................. ....::.:.::....................... :....... .............g..................................... ... ... .......... . . . ~:>_:: >:<:; .....:..:::.~ .:.:.:.:::::.~:.:..:..:.......:.:....;.:::...~:... .........:....................:::.::::::.:..:...........::::.::::.:.:::.::::.::::.::.::..:::..::::.:. lea .u ............... .......................................... es onsrbte for: :: : :: ::: .: .....:...:..........:.:::.:::.:::.. .........:.::::::::.:....,...:.::. . .::........ ............................................................:::.:.:: .:::::::::::::::.:.:........:........... onitorin Prior to removal of underground A permit shall be obtained from the Environmental Protection Section of the Fire Department Fire Department, tanks for removal of underground tanks by the property owner/developer. During removal of the Environmental Protection underground storage tank, a representative from the Fire Department, Environmental Section Protection Section, shall be onsite to dived soil sam lin . On-going during remediation Remediation activities conducted on behalf of the property owner/developer of surface or Orange County Health subsurface contamination not related to USTs shall be overseen by the Orange County Health Department; Public Department. Information on subsurface contamination from an underground storage tank shall Utilities Department, be provided to the Public Utilities Department, Water Services Administration, Environmental Water Services Services. Administration, Environmental Services Prior to approval of the first grading The property owner/developer shall submit a plan for review and approval of the Fire Fire Department, plan or issuance of the first Department, which details procedures that will be taken if a previously unknown UST or other Environmental Protection demolition permit, whichever occurs unknown hazardous materials or waste is discovered onsite. Section; Orange County first Health Department Prior to relocation of any The transformers shall be tested by the property owner/developer for PCBs. Public Utilities transformers within the Project Department, Electric boundaries that may contain PCBs Services Administration which are being moved or relocated as art of ro'ect develo ment Prior to approval of a grading plan A subsurface investigation and sampling, if needed, shall be undertaken by a qualified Public Utilities environmental professional for the property owner/developer to the satisfaction of the Public Department, Water Utilities Department, Water Services Administration, Environmental Services, to determine if Services Administration, the former Chevron station's USTs and/or business practices have environmentally impacted Environmental Services the subject property. Prior to approval of a grading plan A physical inspection of the interiors of 1731-1741 and 1751-1755 South Clementine Street (to Orange County Health be renamed "Freedman Way"), as well as the surrounding grounds, shall be conducted by a Department; Fire qualified environmental professional for the property owner/developer to the satisfaction of the Department, Orange County Health Department/Anaheim Fire Department to accurately assess any Environmental Protection potential presence of hazardous waste materials at said properties. Where possible, interviews Section with property owners and/or company representatives shall be conducted to obtain information on the hazardous material usage histories and handling practices of the sites and, if available, copies of contaminant investigation reports shalt 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. .dam 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 26 ,:: < .:::.:.:::.::. .... ........ 9 :.:::..:......:::. ::>::;:::;>:;>;>::;::>;;:::::..: <:; <....:.:::<..::..... ......:;:::>:><:::<:>~:<>:::>::»:::>:::>:::.>:::::::~<::::~::;:::;;:Measure..::::::::.~.:::.::.::.::::.:::.::..:..:::.::.:::.::. .:........... ::::.::::::::::.::::::::............ ......... a `ble r If warranted, subsurtace investigation and sampling shall be undertaken by a qualified environmental professional in coordination with the Orange County Health Department. Appropriate remediation measures shall be developed, if necessary, before demolition, excavation, or grading take place in these areas. On-going during abatement of LBP All aspects of Title 8, California Code of Regulation, § 1523.1 shall apply. These include Fire Department, manual demolition, manual scraping, manual sanding, heat gun applications, general cleanup, Environmental Protection power tool cleaning with dust collection systems, and spray painting. At a minimum, half-mask Section air purifying respirators shall be utilized during these types of tasks. In addition, all other aspects of Title 8, Califomia Code of Regulations, § 1523.1 shall apply. These include employee exposure assessment respiratory protection program, protective clothing, housekeeping, hygiene facilities and practices, medical surveillance program, proper employee training in the hazards of working with lead-containing materials, posting of warning signs, engineering controls, employer record keeping observation monitoring, and observation procedures. On-going during demolition Appropriate disposal of lead and other hazardous materials to landfill shall be required, Fire Department, depending on waste characterization. The State of Califomia 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 a ro riate dis sal facilit and rocedures. VISUAL RESOURCES AND AESTHETICS Prior to approval of the Final Site The property owner/developer shall submit plans which illustrate that all mechanical equipment Planning Department, Plan; to be implemented prior to and trash areas for the subject buildings will be screened from adjacent public streets. Planning Division final buildin and zonin ins ections Prior to approval of the Final Site The property owner/developer shall submit a landscape and irrigation plan. This plan shall be Planning Department, Plan prepared by a licensed landscape architect. The landscape plan shall include a phasing plan Planning Division for the installation and maintenance of landscaping associated with the Final Site Plan. Prior to the final building and zoning The property owner/developer shall participate in a landscape assessment and maintenance City Attorney's Office inspection district, as adopted for the Anaheim Resort. Prior to submittal of the Final Site If the height of any building onsite is higher than shown on the conceptual plans/exhibits Planning Department, Plan submitted in connection with Conditional Use Permit No. 4078, the property owner/developer Planning Division shall submit a shade and shadow analysis to the Planning Department for review and approval demonstrating that the proposed structure(s) would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel/motel swimming pool areas etc. or structures that include sensitive uses e.., residences have windows that ~~.a~ 6-r 8-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 27 .. Tenn n" :::;::;;;:~•:> ............:........................... 9............................... .............................................. ..... ::~:<»::>s>:;:; ...... .................................................. ............... .................. u ................................................................. .......................................................... ~ ........................... .. ......................... ............ ...::......:::.::.>:;.;:.;:: 5-ble.. o :.:Rss .on. f r ..:..:.:.........:.::...................................... ..........:.:...:............... _ _ n n normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and/or shadow impacts would occur and the building Setback, architectural massing and landscape requirements provisions set forth in Section 5.0, Design Plan of the Anaheim Resort Specific Plan, do not function as feasible mitigation measures, additional technical review of the structure(s) will be required. The height of all structures shall not exceed the maximum height permitted by The Disneyland Resort Specific Plan. Prior to approval of the Final Site The property ownerldevelopershatl submit plans which detail the lighting system for the Planning Department, Plan proposed project. The systems shall be designed and maintained in such a manner as to Planning Division conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the en ineer statin that, in the o inion of the en ineer, this r uirement has been met. CULTURAL RESOURCES Prior to approval of each grading The property owneNdeveloper shall submit a letter identifying the certified archaeologist that Public Works Department, plan has been hired to ensure that the following actions are implemented: Development Services Division a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be concluded 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. ~.a~ 6-18-99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 28 . _ ...:. mrng .~ _ :::. ::.::....::::::.~:::::::.::::::::.:..::..:...:...:.......:.::;;::M~a~:ure.:::.:::::..::::;:;.;.:;>;;:.;:;.;:,::: >_ ..: :....::..:. Re a~n.:i_ for . ~',~ ->i3:%;i:~:::::::::`a:z:iiir:;::i:it i.:::z:::a:::::i :;:`:.;;`:i:;i;:3a:i:::f~:?~;:. .: Prior to approval of each grading The property owner/developer shall submit a letter identifying the certified paleontologist that Public Works Department, plan has been hired to ensure that the following actions are implemented: Development Services Division a. The paleontologist must be present at the pregrading 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. ENERGY Prior to issuance of each building The property owner/developer shall demonstrate on plans that fuel-efficient models of gas- Planning Department, permit powered building equipment have been incorporated into the proposed project to the extent Building Division feasible. pamtncc.dac 6-18-99