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90-086 RESOLUTION NO. 90R-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING SPECIFIC PLAN NO. 90-01 FOR ANAHEIM HILLS FESTIVAL WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, the Anaheim City Planning Commission did receive a request for approval of a specific plan for the proposed Anaheim Hills Festival project (hereinafter Festival Specific Plan) on property consisting of approximately 85 acres located at the southwest corner of Santa Ana Canyon Road and Roosevelt Road, and described as: PARCEL 1, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 140, PAGES 35 AND 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Department deemed it appropriate, pursuant to the provisions of the California Environmental Quality Act, to prepare Supplemental Environmental Impact Report No. 300 (Supplemental BIR 300) in connection with Specific Plan No. 90-01 for the proposed development of the property referred to as the Anaheim Hills Festival; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said application, notice of said public hearing having been duly given as required by law; 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, did adopt its Resolution No. PC90-48 recommending the adoption of Specific Plan No. 90-01; and WHEREAS, thereafter, within the time prescribed by law, the City Council caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Cit~ Council does find, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing that: 1. The property proposed for the specific plan has unique site characteristics such as topography, location or surroundings which are enhanced by special land use and development standards. Z. The specific plan is consistent with the Commercial Regional Shopping Center land use designation and the goals and policies of the Anaheim General Flan and with the purposes, standards and land use guidelines therein. 5. The specific plan results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood and establishes development standards to govern the types of commercial development proposed to implement the "Regional Shopping Center" General Plan land use designation; and to create a sense of place for the surrounding community with special design criteria for architecture and landscaping which is sensitive to the natural environment, yet compatible with the surrounding urbanizing area. 4. The specific plan contributes to a balance of land uses within the City by providing a diversity of shopping and entertainment activities, which responds to both the diverse commercial needs of the residents of the Hill and Canyon Area and the needs of the surrounding region by generating estimated public revenues from sales and transient occupancy taxes of 1.3Z to Z.03 million dollars annually; and by providing employment opportunities, including retailing, financial, business services, offices, lodging and entertainment. 5. The specific plan respects environmental and aesthetic resources consistent with economic realities. AND, WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said specific plan, that all of the conditions set forth in Section 18,93.040 of the Anaheim Municipal Code are present. NOW, THEREFORE, BE IT RESOLVED that after considering Draft Supplemental EIR No. 300 for the proposed Anaheim Hills Festival Center and reviewing evidence, both written and oral, presented for Draft Supplemental EIR No. 500, the City Council finds that: (a) Supplemental EIR No. 500 is in compliance with the California Environmental Quality Act and the State and City Guidelines; (b) Supplemental EIR No. 300 indicates that the project mitigation measures can reduce all project-specific impacts to an acceptable level; -2- (c) The project is consistent with the intent of the City's General Plan for the site and will be compatible with the surrounding land uses; (d) Section 15091 of the CEQA Guidelines requires that one or more findings be made for each of those significant environmental effects identified. Three finding categories are possible. Sections A, B and C state each finding, and then identify the impact categories for which these findings are appropriate. A. "Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR." This finding applies to 'the following environmental effects of the project: Land Use Earth Hydrology Biota Traffic/Circulation Air Quality Noise Fire and Police Protection Recreational Facilities Water Sewers Solid Waste Natural Gas Electricity Communication Systems Aesthetics B. "Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." There are no other agencies that have been identified through the EIR process which have jurisdiction over this site. C. "Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final Supplemental EIR." The City Council, having reviewed the various alternatives to the project identified in the -3- Supplemental EIR, concurs with and adopts the findings of the Planning Commission as set forth in Commission Resolution No. PC90-48 and rejects the project alternatives as infeasible for the reasons set forth therein. (e) Section 21081.6 of the Public Resources Code requires that when a public agency is making the findings required by Section 21081(a) of the Public Resources Code, the Agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment. The City Council hereby finds that the mitigation measures incorporated in the Mitigation Monitoring Program set forth in Attachment C meets the requirements of Section 21081.6 of the Public Resources Code and reduces the project's environmental impacts to an acceptable level. AND THEREFORE, the City Council hereby certifies Supplemental EIR No. 500 and adopts the corresponding Mitigation Monitoring Program (Attachment C). BE IT FURTHER RESOLVED, by the City Council of the City of Anaheim that Specific Plan 90-01 be, and the same is hereby adopted, subject to the condition hereinafter set forth. BE IT FURTHER RESOLVED that the approval of, and exercise of any rights under the specific plan as herein adopted shall be subject to the foliowing conditions: TRAFFIC/CIRCULATION ~ 1. That prior to issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as established by City Council resolution. 2. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer prior to issuance of a building permit. 5. That in the event a parcel map is recorded on subject property, an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City Attorney, -4- shall be recorded with the Office of the Orange County Recorder, A copy of the recorded agreement shall then be submitted to the Zoning Division. 4. That plans for vehicular and pedestrian circulation shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 402B, 436F, 602D, 604A and 605 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 5. That all driveways shall be constructed with minimum fifteen (15) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 157. 6. That the most westerly access on Santa ^na Canyon Road shall be signalized with separate left turn phasing and the access road shall have three (5) northbound (one right and two left) and two (2) southbound lanes (sixty-four) (64) feet curb-to-curb minimum). 7. That the mid-access on Santa Ana Canyon Road shall be signalized with a left-turn and U-turn storage and phasing. The access road shall provide three (3) outbound (two righthand, one left) and two (2) inbound lanes sixty-four (64)feet curb-to-curb minimum). 8. That the access to Roosevelt Road at Kaiser Boulevard shall be two (2) lanes in each direction, but not signalized. 9. That Festival Drive shall be one (1) lane in each direction plus a left-turn lane (minimum width of forty (40) feet curb-to-curb) with on-street parking prohibited and enforced by the lessor. 10. That a bus turnout at eastbound Santa Aria Canyon Road and Festival Drive shall be installed to the satisfaction of the City Traffic Engineer. The area adjacent to this turnout shall include a paved passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian accessway shall be provided between this stop and the project buildings. Concrete bus pads sufficient to support the weight of a bus, in accordance with OCTD's Design Guidelines for Bus Facilities, shall be provided at this transit stop. This would be necessary assuming the existing paving material would be insufficient to support continued transit use of the turnout. 11. That unless an alternate plan for truck deliveries is approved by the City Traffic Engineer, truck access for Area No. 1 deliveries shall be designed to minimize conflicts within the parking area and to provide a twenty (20) foot wide truck outlet near M~jor "E". Truck access for Area No. 2 deliveries shall include a twenty (20) foot wide truck outlet in the vicinity of Major "H" in addition to the access near Shop No. 10. 12. That any parking structure which is to be provided on-site shall be designed and constructed to accommodate a '~,,z' maxi-size van (i.e., at least seven feet one inch (7'1") vertical clearance is necessary). 15. That Roosevelt Road and Monte Vista Road shall be signalized with two (2) lane approaches on all legs, plus an eastbound left turn lane with a minimum two hundred (200) foot pocket length, and with signal design approved by the City Traffic Engineer. Bauer Road shall be striped for two (2) approach lanes (now left turn only and one right turn only). The developer shall incur the cost of the interconnection of the signal to the City's interconnection system. 14. (Deleted at Planning Commission hearing). That prior to final building and zoning inspection for the first building, the Transportation Demand Management (TDM) Plan for the Festival Center shall comply with Regulation XV for the South Coast Air Quality Management District (SCAQMD) plus any other TDM measures required by SCAQMD. This TDM Plan shall include, but not be limited to the following: o Each employer of one hundred (100) or more employees shall provide an on-site AQMD certified full-time rideshare coordinator who shall work with other coordinators and with employers of less than one hundred (100) employees in the Festival Center to ~,~ provide incentives to employees to rideshare, including preferential parking, subsidy parking for vanpools and carpools, provisions for transit use (i.e. bus turnouts, shelters, on-site location of transit schedules and on-site sale of OCTD monthly bus passes at the time demand equals fifteen (1S) per month) and subsidies of vanpools and transit passes; o Encourage the use of alternative transportation modes by continuously promoting public transit usage and providing secure bicycle facilities in the vicinity of transit stops, and subsidy parking and preferred parking locations for car and vanpools; ~ ° Install mass transit-user amenities and accommodations for OCTD routes, including bus turnout and bus shelters, route information displays, trash receptacles and public pay telephones; -6- ° Participate in an areawide Transportation Management Association (TMA) at such time as one is established; ° Encourage employers to provide staggered work schedules, flextime, compressed work weeks or other non-traditional work scheduling to minimize employee trip generation during peak periods, and ° Facilitate bicycle access of the office buildings by providing safe and convenient bicycle lockers, and lockers for personal storage. 16. That the one hundred thirty six thousand, six hundred (156,600) square feet of retail adjacent to the theater shall be utilized solely as home furnishing uses, in conformance with the submitted parking analysis. If retail uses other than home furnishing are to be leased, the parking supply shall be increased by another three (5) parking stalls per one thousand square (1,000) feet of gross square feet or a variance must be obtained in conjunction with a parking demand study approved by the City Traffic Engineer. 17. (Deleted at Planning Commission hearing). 18. That prior to issuance of a building permit for any drive-through facility, the drive-through lane shall be reviewed and approved by the City Traffic Engineer. PLANNING 19. That prior to issuance of a building permit, street names for any new private street shall be submitted to and approved by the Planning Department. 20. That prior to issuance of each building permit for Development Areas 3 and 4 (Phases II and III), in order to determine conformance with the approved Specific Plan and Environmental Impact Report and to determine that the Final Site Plan design will not be detrimental to the health, safety and general welfare of the citizens of the City of Anaheim, the following detailed plans shall be submitted to and approved as a "Final Site Plan Approval" by the Planning Commission at a noticed public hearing: o Site plan ° Parking, loading and circulation plan (including drive-through lane configurations), acceptable to the City Traffic Engineer and in conformance with all applicable Engineering Standard Plans o Landscaping plans -7- ° Roof-mounted equipment screening plans ° Elevation plans (including color/material samples) o Signage plans ° Grading plans (including location, size and treatment of any retaining/crib wall) Any uses requiring a conditional use permit may be reviewed in connection with the final site plan approval, subject to procedures in Chapter 18.05 (zoning procedures-amendments, conditional use permits and variances) 21. That there shall be no sale of alcoholic beverages in conjunction with gasoline sales. That during hours of operation for the service station, separate men's and women's restrooms shall be available to the public, and properly supplied and maintained. Said facilities shall be clearly indicated on the plans submitted for building permits. 22A. That automobile car washes shall only be permitted in connection with approval of a conditional use permit. That in conformance with Anaheim Municipal Code Section 18.44.050.070, an unsubordinated recorded agreement shall be provided to the Zoning Division agreeing to remove the service station structures in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. That any outdoor speaker shall be equipped with an operable volume control. 25. That no alcoholic beverages, including beer and wines shall be sold or served via the drive-through restaurant window. 26. That the on-premise sale and consumption of alcohol authorized by this resolution shall only occur in conjunction with the sale of prepared food items. 27. That all air conditioning facilities and other roof and ground mounted equipment shall be permitted only to the extent that such equipment is screened from street view by architectural elements and painted to match building coloration. Roof-mounted equipment shall not exceed the height of the architectural projections. 28. That all plumbing or other similar pipes and fixtures located on the exterior of a building or structure shall be £ully screened by architectural devices and/or appropriate -8- building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 29. Deleted. 30. That no outdoor storage of, display of, or work on vehicles or vehicular parts shall be permitted. 31. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. That prior to issuance of a building permit for Development Areas 1 and 2 (Phase I) the following detailed plans shall be submitted to and approved by the Planning Commission as a Report and Recommendation item in order to satisfy Final Site Plan approval for Development Areas 1 and 2: ° Roof mounted equipment screening plans ° Signage plans o Exterior building color and material samples o Drive-through lane configurations as approved by the City Traffic Engineer. That prior to issuance of a building permit for Phase I, the Planning Director or his designee shall review the Phase I site plan (for Development Areas 1 and 2) for conformance with the Specific Plan Master Site Plan. If the Planning Director determines that the submitted Phase I site plan is not in conformance with the Master Site Plan, then his decision may be appealed to the Planning Commission. 34. That any revisions to the Final Site plans which are determined to be significant by the Planning Director shall be considered reviewed by the Planning Commission at a noticed public hearing for conformance with the Development Standards of the Specific Plan. Their decision may be appealed to the City Council. 35. That the permanent landscaping and irrigation system shall be installed in accordance with approved plans. The landscape architect shall submit certification in accordance with Municipal Code Section 17.06.157 "Slope Certification". 36. That landscaping plans shall emphasize the use of native trees, shrubs, and groundcover wherever possible; and that minimum twenty four inch (24") box trees shall initially be planted in the parking area. -9- 37. That ground-mounted lighting fixtures utilized to accent building or landscape elements, or to illuminate pedestrian areas, shall be shielded to direct lighting toward the area to be illuminated and shall be maintained to minimize the encroachment of light emanating therefrom onto adjoining residential areas. 38. That the design of any proposed parking structure shall incorporate the sensitive siting of that structure and adequate landscape and/or architectural screening so as to minimize the introduction of vehicular-related light into adjoining residential areas. That the theater design shall orient the box office and primary entrances away from residential areas, directing those activities in either a northerly or westerly direction, and encouraging and directing vehicular traffic northerly on Festival Drive, as designated in the Specific Plan. 40. That the rear elevations of buildings visible from off-site and public on-site areas shall be architecturally accented to portray a finished look. 41. That all building colors, textures, and materials shall be compatible between on-site uses; and that the roof color, as approved by the Planning Department, shall be a neutral color, other than black or dark grey. 41A. That setbacks on the corners of Santa Ana Canyon Road at the project entrance shall be thirty (30) feet wide and fully landscaped. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 42A. That on-premise advertising signs and center identification signs shall be illuminated only during the hours of 6:30 a.m. to midnight, except that the sign containing the supermarket logo may be illuminated during the operating hours o£ the supermarket; and illumination of on-premise tenant advertising signs shall be limited to business hours, plus one hour (1) before opening and one (1) hour after closing for each user. That within eighteen (18) months from the issuance of the first structural building permit for the major tenants located in Phase I, the developer or their successors shall use their best efforts to exclusively market all of the property in Development Area IV for retail or hotel land uses, as provided for in the Specific Plan. During this time period, no building permits will be issued for office structures located in Area IV; however, development approvals and building permits for retail or hotel structures may be issued in conformance with provisions and actions in the Specific Plan for the site. Should the retail marketing effort for Area IV prove not to be successful during this 18-month time period, the developer may choose to proceed with office uses for this Development Area. If this is the case, the developer shall submit to the City correspondence demonstrating that their best efforts were unsuccessful to market the area for retail or hotel uses during the 18~month period. Following expiration of said 18-month period plus City Council review and examination of this correspondence, development of office uses may proceed in compliance with provisions and actions contained in the Specific Plan. The obligations set forth in this condition shall be evidenced by a covenant executed by the property owner and recorded against the property prior to the issuance of a grading permit. FIRE/POLICE That prior to commencement of structural framing, on-site fire hydrants shall be installed and charged as required and approved by the City Fire Department. An all-weather road as approved by the Fire Department shall be provided to the hydrant at all times. That fire sprinklers shall be installed as required by the City Fire Department. 46. That adequate unobstructed fire truck turn-around areas, as required by and acceptable to the City Fire Department, shall be shown on plans submitted for building permits. Said turn-around areas shall be permanently marked and maintained to the satisfaction of the Fire Department. 47. That, as required by the Fire Department, each parcel shall be served by a separate fire water service. 48. That a minimum twenty (20) foot wide fire lane shall be marked and maintained behind major shops "A" through "J" as shown in the Specific Plan. 49. That the theater facility shall be equipped with a local fire alarm system in accordance with Article 14 of the Uniform Fire Code. That prior to issuance of a building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operations phases. -11- $1. That on-site security shall be provided 24 hours a day to limit criminal occurrences, to minimize noise, to prevent loitering and to assist in the control of entering and exiting traffic. That prior to the issuance of building permits, the developer shall construct a six (6) foot high ornamental wrought iron-type fence separating the developed portion of subject property from residential properties to the south. The location of said fence shall be approved by the City Engineer. 55. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. NOISE That excavation, grading and other construction activities related to the proposed project shall be restricted to hours between 7:00 a.m. and 6:00 p.m. Monday through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. This restriction will reduce potential noise impacts on nearby residences during the night and early morning hours and Sundays when ambient noise levels are at the lowest. 55. That construction and maintenance activities, including the repair and maintenance of equipment, shall conform to and comply with applicable provisions of the City's Noise Ordinance. Construction equipment shall be equipped with effective muffling devices to further reduce the project's short term construction noise effects. 55A. That use of the trash compactor shall be restricted between the hours of 10 p.m. and 6 a.m,, unless the noise can be muffled to a level where it will not disturb the residential neighbors. SSB. That truck deliveries, except to the supermarket, shall be limited to the hours between 6:00 a.m. and midnight. 56. That, when feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy-equipment truck trips. ENGINEERING That prior to parcel map approval, the original documents of the covenants, conditions, and restrictions (CC&R's), and a letter addressed to the developer's title company authorizing recordation thereof, shall be approved by the City Attorney's Office and Public Works Engineering Department. Said documents, as approved, shall be filed and recorded in the Office of the Orange County Recorder. Said CC~R's shall include provisions for maintaining subject property as an integrated center in regards to parking, circulation and signage and architectural continuity. $8. That all grading activities shall be conducted in conformance with Chapter 17.06 "Grading Excavation and fills in Hillside Areas" of the City's Land Development and Resources Code. 59. That prior to issuance of a grading permit, a precise grading plan prepared by a registered Civil Engineer shall be submitted to the City Engineer for review and approval. 60. That grading plans shall include an erosion, siltation and dust control plan to be approved by the City Engineer. Said plan shall include provisions for mitigation measures such as temporary irrigation and immediate planting on all exposed pads and slopes, temporary sedimentation basins and sandbagging. The plan shall also include provisions to control fugitive dust during clearing, grading, earth moving or excavation, in conformance with AQMD Rule 403 requirements. 61. That all grading shall be conducted in accordance with the geotechnical study entitled "Geotechnical Investigation and Review of 100-Scale Grading Plans - Anaheim Hills Festival Project, Anaheim Hills, Orange County, California for Trammell Crow Company", GeoSoils, Inc., dated September 15, 1989, and subsequent soils and geotechnical reports prepared for the project site as approved by the City Engineer. 62. That the developer shall initiate a watering or other dust suppressant program to minimize wind erosion or fugitive dust. 63. That a blade grass mixture shall be hydroseeded between October 1 and October 15 each year to germinate grass seeds throughout all level future planning areas. These grasses shall be selected from varieties horticulturally compatible to the planting zone in Anaheim Hills. That prior to approval of a grading plan, if necessary, as determined by the Director of Public Works/City Engineer, the developer shall seek a waiver of City code related to slope setbacks, in accordance with Section 17.06 "Grading, Excavations and Fills in Hillside Areas" of the Anaheim Municipal Code. The developer shall also demonstrate compliance with Council Policy No. 211 "Hillside Grading" or acquire any necessary waivers therefrom. 65. That prior to approval of a grading plan, plans for on-site crib walls and retaining walls deviating from the standards in Subsection 17.06.048.020 of the Anaheim Municipal Code shall be reviewed and approved by the City. 66. That prior to approval of a grading plan, landscape elements, such as climbing or trailing groundcovers and the tiering or layering of plant materials shall be integrated into the design of those retaining walls and crib walls which may be visible to the public. These landscape elements shall be submitted to and approved by the Planning Department. 67. That prior to the approval of a building permit, a precise plan of drainage improvements shall be reviewed and approved by the City Engineer. 68. That any and all investigative, monitoring, reporting, containment and abatement responsibilities as may be required under the U.S. Environmental Protection Agency's National Pollution Discharge Elimination System Permit shall be complied with for storm water discharge. 69. That adequate provisions shall be made for the handling of on-site drainage and dewatering of the site in a manner which will not adversely affect adjacent or downstream properties. 70. That the sewer system for the project shall be funded, constructed and maintained in accordance with the requirements of the City of Anaheim Engineering Department and the Orange County Sanitation District. 71. That the developer shall coordinate sewer improvement plans with the Director of Public Works/Engineering and the City Traffic Engineer, so as to minimize potential disruptions to traffic flow along Santa Aria Canyon Road. 72. That prior to the issuance of building permits, the developer shall obtain any and all sewer connection permits as may be required from the Orange County Sanitation District for the connection of the proposed sewer line and the introduction of additional waste water discharge to existing facilities administered by that District, and shall provide to the City Engineer documentation in a form acceptable to the City indicating that adequate capacity currently exists within those facilities or will exist at the time of permit issuance to accommodate waste water demands resulting from the proposed project. WATER/ELECTRICAL 73. That subject property shall be served by underground utilities. That a water line loop shall be provided through subject property as required and approved by the Water Engineering Division. ?S. That water backflow devices shall be placed below grade as directed by the Water Utility Division. 76. That street lighting facilities along Santa Ana Canyon Road, Roosevelt Road and Festival Drive shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit. The above required improvements shall be installed prior to occupancy. 77. That the property owner shall complete the underground electrical conduit system and substructure system into and through the site, including the installation of two (2) electrical vaults as shown on the "Bauer Ranch 12 KV UD System Plan." 78, That the property owner shall pay a fee to the City of Anaheim Utilities Department for the installation of cables, pad-mounted switches, capacitors, transformers and related facilities for 12 kilovolt underground line extensions required to meet the Utilities Department underground line extension and service requirements in accordance with the Electrical Utility Rates. Rules and Regulations. 79. That all water supply planning for the project shall be coordinated with, and subject to review and final approval by the City Water Engineering Division and City Fire Department. 80. That prior to the issuance of building permits, a terminal storage fee (established under the Public Facilities Plan) and other fees established under the City's Water Rates, Rules and Regulations shall be paid to the City by the applicant. 81. That the following water conservation measures shall be incorporated into the project design: (1) installation of low-flow toilets and use of flow restrictors on shower heads, in accordance with State requirements; (2) installation of drinking fountains with self-closing valves; (5) installation of drought-tolerant landscaping and use of native plant species shall be utilized to the extent feasible; and (4) installation of irrigation systems that minimize run-off and evaporation and maximize the water that will reach the plant roots, including consideration of drip irrigation systems, soil moisture sensors and automatic irrigation systems. 82. That the water supply (fire flow) system shall be designed and sized to provide sufficient fire flow pressure and capacity to all portions of the site as required by the Fire Department. MISCELLANEOUS 85. That a fee for street tree purposes shall be paid to the City of Anaheim based on street frontage along Santa Ana Canyon Road and Roosevelt Road in an amount as established by City Council resolution. 84. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. Such information shall be speci£ically shown on the plans submitted for building permits. 85. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 86. That prior to the issuance of a building permit for the proposed service station, any and all permits for the installation of underground storage tanks as may be required by the South Coast Air Quality Management District, the Regional Water Quality Control Board, the County of Orange, the City of Anaheim, and such other agency or agencies having jurisdiction thereupon, shall be obtained. 87. That any and all investigation, monitoring, reporting, and abatement responsibilities as may be required under the U.S. Environmental Protection Agency's "Underground Storage Tanks: Technical Requirements" (40 CFR Part 280) shall be complied with for all underground storage tanks. 88. That roadways and parking areas shall be periodically swept to minimize dust and debris accumulation. 89. That the project design shall be in accordance with conservation measures established by the California Energy Commission for commercial structures and shall conform with Title 24 of the California Administrative Code. -16- 90. That prior to submittal of a Final Site Plan for Development Area 4 (Phase III), the property/owner developer shall work with the Parks, Recreation and Community Services Department to determine the feasibility of locating a community center facility within Development Area 4. 91. That the applicant or subsequent lessees shall comply with those source reduction and recycling requirements as may be adopted by the City in accordance with the California Integrated Solid Waste Management Act of 1989 (A.B. 939). 92. That the developer shall coordinate with the Southern California Gas Company to incorporate energy saving strategies into the project design. That the developer shall complete parkway landscape improvements along Santa Ana Canyon Road and shall undertake and complete all landscape improvements along the rear slope of the project abutting adjoining residential areas. 94. That the construction/operation of the service station shall include the following: (1) covered fuel dispensing areas to reduce the amount of storm runoff to the storm drain system; (2) construction of the fuel dispensing area with impervious materials (e.g. concrete) and in such a manner as to allow containment of spilled fuel until proper cleanup and disposal is performed; and (3) development and maintenance of a spill contingency plan on-site. All employees shall be trained in the spill containment procedures outlined in the spill containment plan to protect li[e, the environment and property. That the property owner/developer shall be responsible for implementation of all applicable stipulations stated in the approved Festival Speci£ic Plan (SP 90-01), including the Public Facilities Analysis. 96. That within thirty (30) days o£ the City Council's action, the property owner/developer shall provide the Planning Department with three (3) copies o£ an amended Specific Plan document reflective of the City Council's action. Upon review and approval of the amended document by the Planning Department, fifty (50) copies of the final document shall be provided by the property owner/developer to the Planning Department. 97. That the developer shall be held responsible for compliance with the mitigation measures identified as the developer's obligations in Final EIR No. 300 and for complying with the monitoring and reporting program established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures identified in Final Environmental Impact Report No. 300 that have been incorporated as conditions of approval for subject project. TIMING 98. That prior to issuance of a building permit for Development Areas 1 and 2, Condition Nos. 11, 19, 32, 33, 39, 52, 76, 78, 83 and 86, above mentioned shall be complied with. 99. That prior to issuance of each building permit in any Development Area, Condition Nos. 1, 2, 4, 18, 22, 23, 27, 28, 36, 41, 46, 50, 67, 69, 71, 72, 79, 80, 82, 84, and 92, above mentioned shall be complied with. 100. That prior to issuance of a building permit for Development Areas 3 and 4, Condition Nos. 1Z, 20, 90 and 38, above mentioned shall be complied with. 101. That prior to final building and zoning inspections for Development Areas 1 and 2, Condition Nos. 6, 7, 8, 9, 10, 13, 48, 49, 76 and 77, above mentioned shall be complied with. 102. That prior to every final building and zoning inspection in each Development Area, Condition Nos. 5, 15, 24, 35, 36, 37, 40, 41, 45, 46, 47, 53, 73, 74, 75, 81 and 93, above mentioned shall be complied with. 103. That prior to final parcel map approval, Condition Nos. 3 and S7, above-mentioned shall be complied with. 104. That prior to grading plan approval/issuance of a grading permit, Condition Nos. 43, 59, 60, 64, 65 and 66, above mentioned and Condition No. 106 shall be complied with. 105. That prior to the issuance of any certificate of occupancy, a traffic signal on Monte Vista and Bauer Road shall be provided, if required by the City Traffic Engineer. 106. That prior to the issuance of a grading permit, the petitioner shall submit for review and approval by the City Engineer, an erosion, siltation and dust control plan. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that the adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any condition or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this20th day of March, 1990. ~R~~~I TY~ CITY CLOTHE CITY OF ANAHEIM SJM:kh 3574L 032290 -19- CLE~ STATE OF CALIFO~IA ) COUNTY OF ORANGE ) ss. CITY OF AN~EIM ) I, LEONO~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-86 was introduced and adopted at a regular meeting provided by law~ of the City Council of the City of Anaheim held on ~e 20~ d~ of March, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, ~rle, Ka~ood and Hunter NOES: COUNCIL M~BERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I ~RTHER certify ~at the Mayor of the City of An~eim signed said Resolution No. 90R-86 on ~e 26th day of March, 1990. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the seal of the City of An~eim this 26th day of March, 1990. CITY CLE~ OF THE CITY OF AN~EIM ( SEAL ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-86, duly passed and adopted by the Anaheim City Council on March 20, 1990. CITY CLERK OF THE CITY OF ANAHEIM ' ~I'~AC~MEI~rf C revised 3/5/90 KITIGKTION I~ONITORING PROGR~ Revised 3/23/90 FOR KNAHEIM MILLS ~S~ C~PRO~ CEOA Action: EIR NO. 300 (a supplement to Final EIR No. 229, certified in October 1979) Pro~ect~scriDtion: Regional Shopping Center ~er/~pllc~t: Tryell Crow Co., 625 The City Drive, Suite 110, Orange, CA 92668/The Ta~m~ Co., 200 E. Long Lake Road, Bloomfield Bills, MI 48303 Bradley Geier, Tryell Crow Comply, 625 The City Drive, Suite 110, Orange, CA 92668 (714) 937-0202, (619) 230-1600 Progect Location: 85A acres at the southwest corner of Roosevelt Road and Santa ~a Canyon Road Cit~ Actions: Specific PI~ No. 90-01, Specific PI~ Zonimg ~d Development Standards (including a P~lic Facilities Plan) Resol~tiom No.: PC90-48 and PC90-49 ~TIGATIO~U~S Responsible Agency Timing Measure to Monitor Com le~ L~ USE Prior to issuance of *Parking lot ill~ination should be located in a Ptmnning Depar~ent building ~rmit manner to minimize light intensity to surrounding residential areas. Prior to issuance of *All air conditioning facilities and o~er roof- Planning Depar~ent building permit and gro~d-mounted equipment shall be permitted onl~ to the extent ~at such equipment is screemed from street view b~ architectural elememts ~d painted to match building coloration. Roof-mounted equipment shall ~ot exceed the architectural projections. *Mitigation measures identified in connection with previously-certified EIR ~o. 229. (~ Mitigation ~easures ( (" Page 2 Responsible Agency Timing Measure to Monitor Completion GEOLOGY The mitigation measures presented in the Environ- mental Impact Report in Section 5.2.3 have been consolidated in the mitigation menitorin~ program. The items listed under "Site Preparation and Removal of Unsuitable ~faterials", "Compacted Fill", "Fill Slopes", "Cut Slopes", 'Foundation Construction", 'Retaining Wall Construction", "Post Grading Criteria", "Grading and Foundation Plan Review", "Slope Maintenance" and "Observation and Testing" are recommendations included in the report entitled "Geote~hnical Investigation and Review of 100-Scale Grading plans-A~aheim Hills Festival ProSect, Anaheim Hills, Oramge Countl~, California for Tra-~ell Crow Company" Geo Soils, Inc. September 15, 1989, but is not a complete llst. The City has determined that the report shou/d be incorporated into the EIR by reference. Compliance with the reco~e~datlons presented in the soils and geological report, and as approved bl~ the CitI~ Engineer, is required by Section 17.06 of the Anaheim M~uicipal Cede. The Code provides for incorporation of the recommended soils and geological reports in the gradin~ design, construction, inspection and testing. Ongoing during grading All grading activities shall be conducted in Public Works-Engineering conformance with Chapter 17.06 (Grading Excavation Dept. and Fills in Hillside Areas) in the City's Land Development and Resources Code. Prior to issuance of Applicant shall submit for review and approval by the Public Works-Engineering grading permit City Engineer, a precise grading plan, prepared by a Dept. registered Civil Engineer. MitiQation~easurea ( ( Page Responsible Agency TiminQ Measure to Monitor Completion Prior to issuance of Applicant shall submit for review and approval by the Public Works-Engineering grading permit City Engineer, an erosion, siltation and dust control Dept. plan. The plan shall include provisions for mitigation measures such as temporary irrigation and immediate planting on all exposed pads and slopes, temporary sedimentation basins and sand bagging. The Plan shall also include provisions to control fugitive dust during clearing, grading, earth moving or excavation, in conformance with AQMD Rule 403 requirements. Ongoing during grading All grading shall be conducted in accordance with the Public Works-Engineering activities geotechnical study entitled "Geotechnical Dept. Investigation and Review of 100-Scale Grading Plans - Anaheim Hills Festival Project, Anaheim Hills, Orange County, California for Tranunell Crow Company", GeoSoils, Inc., September 15, 1989 and subsequent soils and geotechnical reports prepared for the project site as approved by the City Engineer. Ongoing during grading The developer shall initiate a watering or other dust Public Works-Engineering activities suppressant program to minimize wind erosion or Dept. fugitive dust. Between Oct. 1 and The developer shall hydroseed a blade grass mixture Public Works-Engineering Oct. 15 of each year to germinate grass seeds throughout all level future Dept. planning areas. These grasses shall be selected from varieties horticulturally compatible to the planting zone in Anaheim Hills. Prior to approval of If necessary, as determined by the Director of Public Public Works-Engineering grading plans Works/City Engineer, the developer shall seek a Dept. waiver of City Code (related to slope sethacks), in accordance with Section 17.06 of the Anaheim Municipal Code. ( ( ~tigationMeasures Page 4 Responsible Agency Timing Measure to Monitor Coml~ion Prior to approval The developer shall provide a conceptual grading plan Public Works-Engineering of Specific Plan that is in compliance with Council Policy 211 to the Dept. Public Works/Engineering Dept. for the Director of P~blic Works/City Engineer's review and approval. Prior to approval of If the new retaining/crib wall ordinance is approved Public Works-Engineering grading plans/permits as currently proposed, plans for on-site crib walls Dept. and retaining walls deviating from the standards in Subsection 17.06.048.020 of the Municipal Code shall be reviewed and approved by the City. Prior to approval of Landscape elements, such as climbing or trailing Planning Department a grading plan groundcovers and the tiering or layering of plant materials shall be integrated into the design of those retaining walls and crib walls which may be perceptible from off-site locations. T~ese landscape elements shall be submitted and approved by the City Planning Department. HYDROLOGY Prior to approval of Applicant shall submit, for review and approval by Public Works-Engineering Specific Plan the City, a preliminary drainage report. Dept. Prior to the issuance The proposed service station applicant (or subsequent South Coast Air Quality of a building permit(s) lessee) shall obtain any and all permits for the Management District for service station installation of undergroand storage tanks as may be (SCAQMD)/Regional Water required by the South Coast Air Quality Management Quality Control Board/ District, the Regional Water Quality Control Board, County of Orange the County of Orange, the City of Anaheim, and such other agency or agencies having ~urisdiction thereupon. ~tigatlonMeasures Page 5 Responsible Agency Timin~ Measure to Monitor Completion Ongoing during Applicant (or subsequent lessee) shall comply with U.S. Environmental operation ~ny and all investigative, monitoring, reporting, and Protection Agency (EPA) abatement responsibilities as may be reqnired under the U.S. Environmental Protection kgency's "Underground Storage Tanks: Technical Requirements" (40 CFR Part 280) for all underground storage tanks located within the project area. Ongoing during Applicant (or subsequent lessee) shall comply with U.S. Environmental operation any and all investigative, monitoring, reporting, Protection Agency (EPA) containment and abatement responsibilities as may be required under the U.S. Environmental Protection Agency's National Pollution Discharge Elimination System Permit for storm water discharge. Ongoing during *Adequate provisions shall be made for the handling Public Works-Engineering construction of on-site drainage and dewatering the tract in a Dept. manner which will not adversely affect adjacent or downstream properties. BIOTA Prior to issuance of *The landscaping plan of the proposed commercial planning Department a building permit shopping center shonld emphasize the use of native trees, shrubs, and groundcover wherever possible. Upon completion of *All cut and fill areas should be seeded with Public Works-Engineering cut and fill California wildflowers and grasses. These plants Dept. would not only beantify the slopes, bnt provide forage and shelter appropriate to the resident wildlife species. TRAFFIC/CIRCULATION Prior to final building The most westerly access On Santa A~a Canyon Road Public Works-Engineering and zoning inspections shall be signalized with separate left tnrn phasing Dept. for Development Areas and the access road shall have three northbound (one 1 and 2 right and two left) and two soutb-boand lanes (64 feet curb-to-curb minimum). *Mitigation measures identified in connection with previously-certified EIR No. 229 (' ( Mitiqatlon Measures ( ( Page 6 Responsible Agency Timing Measure to Monitor _Completion Prior to final building The mid-access on Santa Ana Canyon Road shall be Public Works-Engineering and zoning inspections signalized with left turn phasing and the access road Dept. for Development Areas should provide three outbound (two right and one 1 and 2 left) and two inbound lanes (64 feet curb-to-curb minimum). Prior to final building The access to Roosevelt Road at Kaiser Boulevard Public Works-Engineering and zoning inspections shall be two lanes in each direction, but not Dept. for Development Areas signalized. 1 and 2 Prior to final building Roosevelt Road and Monte Vista Road shall be Public Works-Engineering and zoning inspections signalized with two lane approaches on all legs plus Dept. for Development Areas an eastbound left turn lane with a minimum 200 foot 1 and 2 pocket length. This signal shall operate to maximize access for Bauer Road, with signal design approved by the City Traffic Engineer, possibly as split phase (i.e., one direction is green while all other directions are red) and prohibit eastbound and right turns on red to provide adequate clearance for Bauer Road traffic entering onto Monte Vista Road. Bauer Road shall be striped for two approach lanes (one left tura only and one right turn only). The developer shall post a surety for the construction of that traffic signal and shall incur the cost of interconnection of the signal to the City's interconnection system. Prior to final building The on-site Festival Drive shall provide one lane in Public Works-Engineering and zoning inspections each direction plus a left-turn lane (minimum width Dept.; Planning Dept. for Development Areas of 40 feet curb-to-curb) with on-street parking 1 and 2 and ongoing prohibited and enforced by the lessor. during operation ~ Mitiqatiom~easures Page 7 Responsible Agency ~ Timing Measure to Monitor Coml~ion Prior to final building Incorporate a bus turnout at eastbound Santa Ana Public Works-Engineering and zoning inspections Canyon Road and farside Festival Drive. The area Dept. for Development Areas adjacent to this turnout shall include a paved 1 and 2 passenger waiting area complete with a bus shelter and bench. A paved, lighted and handicapped accessible pedestrian accessway shall be provided between this stop and the project buildings. Concrete bus pads sufficient to support the weight of a bus, in accordance with OCTD's Design Guidelines for Bus Facilities), to be provided at this transit stop. This would be necessary assuming the material used to construct would be insufficient to support continued transit use of the turnout. Prior to occupancy of All traffic signals to be constructed and operational Public Works-Engineering first building prior to the occupancy of the first building. Dept. Ongoing during *Prohibit parking along all arterials in the Public Works-Engineering operation i~ediate vicinity of the Canyon Mall site. Dept. Prior to issuance of Truck access for Area No. 2 deliveries shall include Public Works-Engineering a building permit for a twenty (20) foot wide truck outlet in the vicinity Dept.; Planning Dept. Development Areas of Ma~or "H" in addition to the access near Shop No. 1 and 2 10. Prior to issuance of Truck access for Area No. 1 deliveries shall be planning Dept.; Public a Building Permit for designed to minimize conflicts within the parking Works-Engineering Dept. Development Areas area and to provide a twenty (20) foot wide truck 1 and 2 outlet near Major "E". Prior to issuance of Any parking structure which is to be provided on-site a Building Permit for shall be constructed to accomodate a maxl-size van Development Area 3 & 4 (i.e., at least 7'1" vertical clearance is necessary). *Mitigation measures identified in connection with previously-certified EIR No. 229 ( ( Mitlgation ~4easures (' (' Page 8 Responsible Agency Timing Measure to Monitor CQmpletion Prior to first final The Transportation Demand Management (TDM) Plan for SCAQMD/Public Works- building and zoning the Festival Center shall comply with Regulation XV Engineering Dept. inspection for the of the South Coast Air Qnality Management District. first building This TDM Plan shall include, but not be limited to the following: - Each employer of 100 or more employees shall provide an on-site AQMD certified full-time rideshare coordinator who shall work with other coordinators and with employers of less than 100 employees in the Festival Center to provide incentives to employees to rideshare, including preferential parking, subsidy parking for vanpools and vanpools, provisions for transit use (i.e., bus turnouts, shelters, on-site location of transit schedules and on-site sale of 0CTD monthly bus passes at the time demand equals fifteen (15) per month} and subsidies of vanpools and transit passes; - Encourage the use of alternative transportation modes by continuously promoting public transit usage and providing secure bicycle facilities in the vicinity of transit stops, and subsidy parking and preferred parking locations for car and van pools; - Install mass transit-user amenities and accon~odations for 0CTD routes, including bus turnout and bus shelters, route information displays, trash receptacles and public pay telephones; - Provide sufficient service establishments within the office/commercial areas, such as restaurants, copy centers, financial services, etc. with direct pedestrian route connections to minimize the number and length of trips to obtain these services; - Participate in an areawide Transportation Management Association (TM3%) at such time as one is established; (~ ( Mitlgation Measures ( Resp°nsible Agency( Page 9 Timin~ Measure to Moni~Qr Com let~___igD__ - Encourage employers to provide staggered work schedules, flextime, compressed work weeks or other non-traditional work scheduling to minimize employee trip generation during peak periods; and, - Facilitate bicycle access of the office building by providing safe and convenient bicycle lockers, and lockers for personal storage. Prior to occupancy of The 136,600 square feet of retail adjacent to the Planning/Public Works- retail use in Develop- theatre shall be leased solely to home furnishing Engineering Dept. ment Area 1 and uses, in conformance with the parking analysis. If ongoing during retail uses other than home furnishings are to be operation leased, the parking supply must increase by another three parking stalls per one thousand square feet of gross leasable square feet or a variance must be obtained on the basis of a parking study approved by the City Traffic Engineer. AIR 0UALITY Ongoing during grading Roadways and parking areas shall be periodically Public Works-Engineering activities swept or otherwise cleared of spilled export. This Division will assist in minimizing fugitive dust. Ongoing during Applicant shall comply with SCAQ14D District Rule 15, $CAQMD operation requiring future employers with more than 100 employees to implement ridesharing programs (e.g. carpooling) and utilization of alternative modes of transportation. Prior to issuance of Project design shall be in accordance with Planning Department Building Permit conservation measures established by the California Energy Commission for com~erclal structures and shall conform with Title 24 of the California Administrative Code.  ( MitiqationMeasures (' ( Page 10 Responsible Agency to Monitor Com letlon Timing Measure ~OISE Ongoing during Excavation, grading and other construction activities This measure is more restrictive than construction related to the proposed proSect shall be restricted the Anaheim Municipal Code and has beeu to hours between 7:00 a.m. and 6:00 p.m., Monday included as a condition of approval. through Friday, and between 8:00 a.m. and 6:00 p.m. on Saturday. This restriction will reduce potential noise impacts on nearby residences during the night and early morning hours and Sundays when ambient noise levels are at the lowest. Ongoing during Construction and maintenance activities, including Planning Department construction and the repair and maintenance of equipment, shall maintenance activities conform to and comply with applicable provisions of the City's Noise Ordinance. Ongoing throughout When feasible, construction equipment shall be stored Public Works-Engineering construction on-site to eliminate and/or reduce heavy-equipment Dept. truck trips. Prior to issuance of Where feasible, roof-mounted mechanical equipment Planning Department Building Permit in any shall be screened from residential receptors to Development Area reduce potential noise impacts upon those areas. PUBLIC SERVICES Fire Protection Prior to issuance of Plans shall be submitted to the City of Anaheim Fire Dept./Planning Building Permits Fire Department for review and approval. Applicant Dept. shall undertake and complete all permit requirements as may be imposed therewith. Prior to issuance of All buildings shall incorporate an interior/exterior Fire Dept./Planning Building Permits sprinkler system in accordance with Uniform Fire Code Dept. standards and City of Anaheim Ordinance No. 4999. Prior to the co~,ence- Accessible fire hydrants shall be installed and Fire Dept./Planning ment of structural charged within one hundred fifty (150) feet of all Dept. framing portions of the exterior walls of the first floor of each building, in conformance with City standards. 11 Measures Page ( ( Mitigation ( Responsible Agency Timin~ Measure to Monitor Completion Prior to Site Plan The loading area incorporated within the project's Fire Department approval "retail commercial and entertainment" area shall be designed to facilitate accessibility by emergency vehicles and shall include a fire and trash truck turnaround in accordance with the Department of Public Works-Engineering's standard detail or such other alternative as may be approved hy the City Fire Marshal. That road shall have a minimum clear width (i.e., no parking) of twenty (20) feet. Prior to Site Plan The theatre shall have a local fire alarm system Fire Department approval in accordance with Article 14 of the Uniform Fire Code (1988). Prior to issuance of Each parcel of record shall have its own fire water Fire Dept./Planning the first Building service. If there is more than one building on a Dept. Permit parcel, applicant shall record a deed restriction, acceptable to the City, indicating that buildings will not be sold separately until a separate fire water service is installed. Prior to site plan *All construction must meet City of Anaheim ordinance Fire Dept./Planning approval for the construction of buildings within Fire Zone ~4. Dept. Police Protection Prior to issuance of The developer shall submit site plan(s) to the Police Police Dept./Planning Building Permits Department for their review and approval. The Dept. developer shall incorporate into the pro~ect design those defensible space concepts and strategies as deemed appropriate by the Police Department. Ongoing during On-site security shall be provided 24 hours a day Planning Dept./Police operation to limit criminal occurrences, to minimize noise, to Dept. prevent loitering and to assist in the control of entering and exiting traffic. *Mitigation measures identified in connection with previously-certified No. 229. ( F~ti9~tion Measures Page 12 Responsible Agency Timin~ Measure to Monitor Completion Prior to issuance of The developer shall construct a six (6) foot high Police Department Building Permits ornamental wrought iron-type fence separating the developed portion of subject property from residential properties to the south. The location of said fence shall be approved by the City Engineer. Ongoing during *During the construction phase of the project, Police Department construction consideration should he given to (1) proper lighting around construction area; (2) security fencing around the project; (3) hea%~y-duty locks and hardware; (4) security guards during construction. Prior to Site Plan *Mitigation measures that could be designed into the Police Department approval project that could reduce future service calls include: (1) landscaping that provides uninterrupted viewing by patrolling units around buildings; (2) adequate lighting around buildings; (3) private security patrols in the area; (4) no louvered windows. RECREATIONAL FACILITIES Ongoing throughout Project design shall incorporate formal and informal Parks, Recreation and development opportunities for haman interaction. Community Services Prior to submittal The developer shall work with the Parks, Recreation Parks, Recreation and of any final plans and Community Services Department to determine the Community Services/ for the "business feasibility of locating a community center facility Planning Department commercial zone" within the proposed Anaheim Hills Festival Center. PUBLIC UTILITIES Water Prior to issuance of All water supply planning for the project shall be Public Utilities/Fire each building permit coordinated with, and subject to review and final Departments in any Development approval by the Water Engineering Division of the Area Public Utilities Dept. and the Fire Dept. *Mitigation measures identified in connection with previously-certified EIR No. 229 Responsible Agency Timinq Measure to Monitor Com letion Prior to final building The applicant shall extend the existing public water Public Utilities Dept. and zoning inspections main through the installation of a 12-inch water line within the internal street system. Prior to the issuance A terminal storage fee (established under the Public Public Utilities Dept. of Building Permits Facilities Plan) and other fees established under the City's Water Rates, Rules and Regulations shall be paid to the City by the applicant. Prior to every final The applicant shall incorporate the following water Public Utilities Dept. building and zoning conservation measures into the project design: (1) inspection in each installation of low-flow toilets and use of flow Development Area restrictors on shower heads, in accordance with State requirements; (2) installation of drinking fountains with self-closing valves; (3) installation of drought-tolerant landscapes and use of native plant species to the extent feasible; and (4) installation of irrigation systems that minimize run-off and evaporation and maximize the water that will reach the plant roots, including consideration of drip irrigation systems, soil moisture sensors and automatic irrigation systems. Prior to issuance of *Incorporation of State Mandated Interior Water Public Utilities Dept./ building permits Conservation Measures. Planning Department Prior to issuance of The water supply (fire flow) system shall be designed Fire Dept./Planning each building permit a~d sized to provide sufficient fire flow pressure Dept. in any Development and capacity to all portions of the site as required Area by the Fire Department. SANITARY SEWERS Prior to issuance of Sewer reimbursement fees for installation of the grid Public Works-Engineering/ Building Permits system line shall be paid to the City by applicant. Planning Dept. *Mitigation measures identified in connection with previously-certified EIR No. 229. ( MitlgationMeasures ( Page 14 Responsible Agency ~ Timin~ Measure to Monitor Completion Ongoing during The sewer system for the project shall be funded, Public Works-Engineering operation and constrncted and maintained in accordance with the Dept./0.C. Sanitation Dist. construction requirements of the Public Works-Engineering Department and the Orange County Sanitation District. Prior to issuance of The developer shall coordinate sewer improvement plans Public Works-Engineering each building permit with the Director of Public Works-Engineering and the Dept./Planning Dept. in any Development City Traffic Engineer, so as to minimize potential Area disruptions to traffic flow along Santa Ana Canyon Road. Prior to issuance of The developer shall obtain any and all sewer Public Works-Engineering Building Permits connection permits as may be required from the Orange Dept./Planning Dept. County Sanitation District for the connection of the proposed sewer line and the introduction of additional wastewater discharge to existing facilities administered by that District and shall provide, to the City Engineer, documentation in a form acceptable to the City indicating that adequate capacity currently exists within those facilities or will exist at the time of permit issuance to accommodate wastewater demands resulting from the proposed project. SOLID WASTE Ongoing during Applicant or subsequent lessees shall comply with Planning Dept./ construction and those source reduction and recycling requirements as Maintenance Dept. operation may be adopted by the City in accordance with the California Integrated Solid Waste Management Act of 1989 (A.B. 939). Prior to Site Plan Access to and construction of trash enclosures shall Maintenance Department approval meet the City design specifications. NATURAL GAS Prior to issuance of Design of all structures shall be in accordance with Planning Department Building Permits Title 24 of the California Administrative Code for implementation of California Energy Commission conservation measures. MitlgationMeasures ( Responsible Agency( Page 15 Timing Measure to Monitor Comlp~9~ion Prior to issuance of The Applicant shall coordinate with the Southern So. California Gas Co./ each building permit California Gas Company to incorporate energy saving Planning Dept. in any Development Area strategies into the project design. ELECTRICITY AS development occurs The Applicant shall complete the underground Public Utilities Dept. electrical conduit system and substructure system into and through the site, including the installation of two electrical vaults as sbo~rn on the "Bauer Ranch 12 k~g UD System Plan". Prior to issuance of The Applicant shall pay a fee to the City of Anaheim Public Utilities Dept. a building permit for Public Utilities Department for the installation of Development Areas cables, pad-mounted switches, capacitors, 1 and 2 transformers and related facilities for 12 kilovolt andergroand line extensions required to meet the City of Anaheim Public Utilities Department underground line extension and service requirements in accordance with the Electrical Utility's Rates, Rules and Regulations. Prior to occupancy Street lighting facilities shall be installed along Public Utilities Dept. public streets into and through the site in accordance with specifications on file with the City of Anaheim Public Utilities Department, Electrical Engineering Division. COMMUNICATION SYSTEMS As required by Placement of new cable and reinforcement of existing Pacific Bell/Planning Pacific Bell cable, if required, shall be iu a manner specified by Dept. the City of Anaheim and Pacific Bell. As required by Applicant shall coordinate Comunication system Pacific Bell Pacific Bell improvements with Pacific Bell. To the extent feasible, Applicant shall maximize the time period afforded Pacific Bell to allow for the design and construction of additional facilities as may be required to meet project demands. Responsible Agency · Timin~ Measure to Monitor Completion AESTHETICS Prior to issuance of Building plans, including exterior elevations, planning Department Building Permits landscape plans and lighting plans shall be s~bmitted to the Planning Department for review and approval. Ongoing during All outdoor lighting fixtures, other than Planning Department operation ground-mounted lighting sources, shall be shielded or constructed so that light rays emitted by the fixtures are pro~ected below the horizontal plane passing through the lowest point on the fixture from which light is emitted. Ongoing during Lighting fixtures used to illuminate any outdoor Planning Department operation advertising display or sign shall be monnted on the top of the outdoor advertising display or sign. Ongoing during On-premise advertising signs and center identification Planning Department operation signs shall be illuminated only during the hours of 6:30 a.m. to midnight, except that the sign containing the supermarket logo may be illuminated during supermarket operating hours; and illumination of on-premise tenant advertising signs shall be limited to b~siness hours plus one ho~r before opening and one hour after closing for each user. Prior to each final Ground-mounted lighting fixtures utilized to accent Planning Department building and zoning building or landscape elements, or to illuminate inspection pedestrian areas, shall be shielded to direct lighting toward the area to be illuminated and shall be maintained to minimize the encroachment of light emanating therefrom onto adjoining residential areas. Prior to Site Plan No less than seventy-five percent (75%) of the Planning Department approval properry's frontage along Santa Ana Canyon Road shall include landscaping and/or vehicular areas (e.g. parking lots, accessways) for a depth, measured perpendicularly from that right-of-way, of one hundred (100) feet, so as to minimize the extent and concentration of building frontages within the Santa Ana Canyon Scenic Corridor. Mitigation Measures Responsible Agency(' Page 17 Timing Measnre to Monitor Completion Prior to each final The developer shall undertake and complete parkway Planning Department building and zoning landscape improvements along Santa Aria Canyon Road inspection and shall undertake and complete all landscape improvements along the rear slope of the project abutting adjoining residential areas. Prior to issuance of The design of any parking structure proposed in the Planning Department a building permit for project's "business commercial zone" shall Development Areas incorporate the sensitive siting of that structure 3 and 4 and adequate landscape and/or architectural screening so as to minimize the introduction of vehicular-related light into adjoining residential areas. Prior to issuance of Theatre design shall orientate the box office and Planning Department building permits for primary entrances away from residential areas, Development Areas directing those activities in either a northerly or 1 and 2 westerly direction, and by encouraging and directing vehicular traffic northerly on Festival Drive. In connection with All parking areas and vehicular areas shall be Planning Department Landscape Plan extensively landscaped. Loading areas shall approval integrate peripheral landscape so as to adequately screen interior loading areas consistent with public safety considerations. Landscaping to be provided within the project shall include at least one tree for each 3,000 square feet of parking area and vehicular accessways. There shall be an average of forty-eight (48) square feet of planting area provided per tree. Said planter area shall have a minimum dimension of six (6) feet, and trees in the parking lot area(s) shall consist of a minimum 24" box size. ( MitlgatlonMeasures ~' ~ Page 18 Responsible Agency Timing Measure to Monitor Completion GENERAL At time of construc- The construction/operation of the service station O.C. Environmental tion/operation shall include the following: (1) covered fuel Management Agency dispensing areas to reduce the amount of storm runoff to the storm drain system; (2) construction of the fuel dispensing area with impervious materials (e.g. concrete) and in such a manner as to allow containment of spilled fuel until proper cleanup and disposal is performed; and (3) development and maintenance of a spill contingency plan on-site. employees shall be trained in the spill containment procedures outlined in the spill containment plan to protect life, the environment and property. 2444p