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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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... 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.
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• 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.
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Page 7
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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.
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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.
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Project: Pointe~Anaheim
Page 9
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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.
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Mitigation Monitoring Plan No. 004
Project: Pointe~Anaheim
Page 10
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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
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Project: Pointe~Anaheim
Page 11
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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.
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Mitigation Monitoring Plan No. 004
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Page 12
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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 .
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..::,.:: ..:; .. ...........9::::::: .: ..........
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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.
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Mitigation Monitoring Plan No. 004
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(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
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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.
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6-18-99
Mitigation Monitoring Plan No. 004
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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
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6-18-99
Mitigation Monitoring Plan No. 004
Project: Pointe~Anaheim
Page 17
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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.
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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.
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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.
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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
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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
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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.
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Project: Pointe~Anaheim
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.:;~::~:;:;.;::;:><..;<:::;:>«:>:>:::>::;>::>::»::;,::>::::>::»::>::>::;:~><~>::::~:::>~:.:;;::::::<::<:>»>::>::::>::>:<:>:::<:Mealure....:;::»<;<:;:>:>::><::«;:::°:<:><::>:>°::.>: ......
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• 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
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Mitigation Monitoring Plan No. Ol?4
Project: Pointe~Anaheim
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"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.
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Mitigation Monitoring Plan No. 004
Project: Pointe~Anaheim
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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.
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6-18-99
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Project: Pointe~Anaheim
Page 26
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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
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Mitigation Monitoring Plan No. 004
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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.
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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