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94-236 RESOLUTION NO. 94R-236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 (INCLUDING ZONING AND DEVELOPMENT STANDARDS, A DESIGN PLAN AND GUIDELINES, AND A PUBLIC FACILITIES PLAN) (SP92-2) WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, on July 25, 1994, the Planning Commission by Resolution No. PC94-102 initiated the preparation and processing of Specific Plan No. 92-2 for the Anaheim Resort; and WHEREAS, as more particularly described therein, Specific Plan No. 92-2 for the Anaheim Resort, on file with the Planning Department, includes proposed design guidelines, zoning and development standards and a public facilities plan to enhance and guide future development within an area of approximately 549.5 acres covered by the Specific Plan; and WHEREAS, as authorized in Chapter 18.93 of Title 18 of the Anaheim Municipal Code, a Specific Plan may provide for a different set of zoning and development standards as part of the Specific Plan text in lieu of existing zoning and development standards, said standards to be patterned after the zone districts found in Title 18 of the City of Anaheim Municipal Zoning Code and, upon adoption by ordinance, supersede any zoning previously established for that area; and WHEREAS, The Anaheim Resort project area encompasses approximately 549.5 acres generally located within the City of Anaheim's Anaheim Resort (previously referred to as the Commercial Recreation Area) adjacent to and southwest of the Santa Ana Freeway (I-5) and accessible from Harbor Boulevard, Ball Road, Freedman Way, Katella Avenue, West Street, Orangewood Avenue, Haster Street/Anaheim Boulevard and Walnut Street, more particularly described in Attachment A to this resolution which is incorporated herein; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing upon said application, notices of which public hearing were duly given as required by law; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC94-114 recommending the adoption of The Anaheim Resort Specific Plan (SP92-2) and recommending approval of the zoning and development standards contained in Specific Plan No. 92-2; 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 City Council after careful consideration of the recommendations and findings of the City Planning Commission set forth in Planning Commission Resolution No. PC94- 114, and all evidence and reports offered at said hearing, DOES HEREBY FIND: 1.0 SPECIPIC PLA~ NO. 92-2 FOR THE ANAHEIM RESORT WILL GENERATE SUBSTANTIAL PUBLIC BENEFITS AND IS IN THE PUBLIC INTEREST. 1.1 Increased Revenues for city, County, and State. The Anaheim Resort Specific Plan ("Project") allows for and encourages commercial development which will directly generate significant revenues in property taxes, sales taxes, hotel taxes, utility taxes, and miscellaneous taxes and fees to the City of Anaheim, County of Orange, and the State of California. Evidence of the substantial fiscal benefits of the Project has been documented by the City (see, e.g. Economic and Planning Systems, Anaheim Commercial Recreation Area Fiscal Impact Report, 1993). This evidence confirms that the economic benefits of the Project will include substantial net increases in municipal revenues from the Anaheim Resort Specific Plan area. The net funds accruing to the city will be available to pay for services and enhanced infructure facilities throughout the City. 1.2 Enhancement of Tourism. The Anaheim Resort Specific Plan will improve and enhance the Southern California tourist industry, an industry of immense importance at the local, regional, and state levels. The Anaheim Area Visitor Center and Convention Bureau (VCB), which tracks the county's tourists, estimated that 40 million people visited the Convention Center and the area's theme parks and beaches in 1993. The Bureau estimated that the visitors spent $4.8 billion in Orange County in 1993 (VCB, June 1994). The Orange County region and the city of Anaheim benefit greatly from these revenues from tourism. In 1992, the Governor's Council on California Competitiveness published "California's Jobs and Future." The report identified the tourism industry as a key industry in the State of California and urged "extraordinary efforts" be made to preserve and enhance the competitiveness of such key industries. The Anaheim Resort (previously named Commercial Recreation Area) has been an important and vital source of revenue, jobs, and prestige for the City of Anaheim, with the Anaheim Resort Specific Plan area providing a major portion of the convention facilities and lodging for the tourists in the area. However, to maintain its vital role in the economy, it is necessary to reinvest in the area to support the uses in and around the Anaheim Resort, thereby enabling it to evolve to meet current market demands for a newer, upgraded resort area geared toward longer visitor stays. This reinvestment and revitalization is also necessary to allow the Anaheim Convention Center to retain its status as one of the major West Coast convention facilities. Without the infructure facilities, landscaping/identity enhancements and development opportunities created by the Project, the area and its tax, convention and tourism base will decline. 1.3 Provision of Visual Amenities. The Anaheim Resort currently presents a somewhat confusing visual identity due to an abundance of large signs, varying architectural quality, the presence of overhead utilities, and the lack of consistent landscaping. The Design Plan within the Anaheim Resort Specific Plan provides landscape standards for the setback areas and along public streets that pass through the center of the Specific Plan area in order to reinforce the area's identity. The primary concept of the Design Plan is to transform the visual character of the Anaheim Resort with landscape. The primary component will be streetscape, which will include trees and shrubs, as well as man- made amenities such as light fixtures, benches, entry gateways, and appropriate signage. Streets and their edges provide the primary space in which landscape can be placed to transform the identity of the Anaheim Resort. The Design Plan will be a major factor contributing toward the visual unification of the area. 1.4 Provision for Needed Infructure Improvements. The Anaheim Resort Specific Plan makes provision for needed infructure improvements. Much of the area's current infructure (roads, sewer lines, storm drains, etc.) is old and very near, if not over, capacity. The planned area improvements provided under the Anaheim Resort Specific Plan are proposed to include transportation, storm drain, wastewater, and water system upgrades. These improvements are planned to be coordinated with development within the Anaheim Resort Specific Plan area, as well as the approved Disneyland Resort and the proposed Hotel Circle Specific Plan areas. The infructure improvements would be accomplished through a variety of financial mechanisms, including mitigation measures, developer fees, utility hook-up charges, and potentially a contribution from the net hotel tax revenues to the City. Proposed improvements will be phased to coincide with area needs as individual developments are proposed. Enhanced police, fire, and other public services will also be provided in coordination with the pace of development in the area. Without the coordination, planning and implementation measures provided in connection with the Project, these improvements would not be provided; or, at best, would be provided to a lesser extent and in a less coordinated manner. 1.5 Enhancement of Commercial-Recreation Area Svnerq¥. The Commercial Recreation land use designation was created by the City of Anaheim to provide for development related to the recreation and entertainment industries that provide services to area visitors and tourists. This land use designation is present in the Anaheim Resort as well as the Anaheim Stadium area. The development and enhancement of the Anaheim Resort Specific Plan area will increase the synergy in the area in which all of the area major attractions (Anaheim Convention Center, Disneyland, Anaheim Stadium, The Arrowhead Pond at Anaheim) are located, and all of which will benefit from the reinvestment in the area. For example, it is anticipated that hotel and motel development pursuant to the Project will accommodate overnight guests to all of the foregoing attractions, thereby increasing their length of stay in the area and reducing vehicular travel. Without the additional hotel/motel development capacity created by the Project, guests and visitors to these attractions will be forced to use more distant and less convenient accommodations, or else to forego overnight stays in favor of more frequent day trips. 1.6 Enhancement of the Pedestrian Environment. An objective of the Anaheim Resort Specific Plan Design Plan is to "...create a high-quality pedestrian environment that reinforces the urban character of the Specific Plan area." Anticipated construction of The Disneyland Resort and improvements to the Anaheim Convention Center will create a significant increase in pedestrians in the area. The pedestrian movement will contribute to increased street activity for shopping, dining, lodging, and walking visits to the theme parks and Anaheim Convention Center. The Specific Plan will enhance and accommodate the pedestrian environment by providing landscaped parkways, ornamental street features and other design elements which will enhance the safety and visual appeal of the pedestrian environment. 1.7 Streamlined Entitlement Procedure. The Anaheim Resort Specific Plan EIR (EIR No. 313) will allow for reduced and/or streamlined environmental review for future development within the specific plan area. The EIR will serve as a "project" EIR with respect to the infructure program and other development within the scope and conditions anticipated by the EIR. For development projects which do not come within the conditions and parameters analyzed in the EIR, the EIR will serve as a Master EIR, from which aspects of the environmental analysis for the Project which remain relevant can be taken in order to reduce the scope of further analysis. The preparation and certification of the EIR will greatly reduce the cost and time required to process a development project within the Specific Plan area, and therefore will promote the City's goals of job growth and economic revitalization for the area. 1.8 Enhancement and Maintenance of Anaheim's Position as a World-Class Tourist Destination. In response to market pressures to expand and upgrade the Anaheim Resort, the Anaheim Resort Specific Plan would provide for enhanced public improvements and development standards. The Anaheim Resort Specific Plan, in conjunction with the specific plans for the Disneyland Resort and Hotel Circle, will provide a high-quality development standard that will greatly enhance the viability of the Anaheim Resort and maintain Anaheim's position as one of the country's premiere vacation destinations. Without the Project, the lack of development capacity and the lack of coordinated infructure and development planning will cause the area to decline in visitation and economic viability. 1.9 Facilitation and Implementation of the General Plan. The Anaheim Resort Specific Plan enables the City of Anaheim to further its achievement of the overall objectives established in the General Plan, as well as the goals and policies provided in each of the Plan elements. Four main General Plan objectives furthered by the Anaheim Resort Specific Plan are: General Communitv Objective 1 - Maintain and enhance the residential environment of Anaheim's living areas. ImDlementation: This objective will be furthered through development of setback areas and landscaped buffers between Specific Plan and residential properties. General Community Objective 2 - Maintain and enhance Anaheim as a regional, cultural, and employment center by diversifying and enhancing the economic base of the community. Implementation: The Specific Plan was written to enhance the Anaheim Resort as an urban destination and create a resort environment. By creating more attractions, lodgings, dining facilities, and shopping opportunities, jobs will be created, and visitors will be encouraged to stay for several days or more and enjoy the variety of the recreational and entertainment opportunities that are available, thereby enhancing The City of Anaheim's economic base. With buildout of the Anaheim Resort Specific Plan area, an estimated 18,113 jobs will be created, plus substantial employment in the construction sector. General Communitv Objective ~ - Maintain and encourage Anaheim's position as a nationally recognized tourist, convention, and recreation center. Implementation: The Anaheim Resort Specific Plan recognizes this General Community Objective as the major purpose of the Anaheim Resort Specific Plan, by enhancing the attractiveness of the area as a family-oriented tourist and convention destination center. The Specific Plan encourages development oriented toward tourist- and convention-related events while complementing and protecting the adjacent residential uses. The Plan provides a long-range plan to create a cohesive and unique resort character and to maintain and enhance the existing commercial-recreation land uses. 5 General Community Objective 4 - Provide all working, living, and recreation areas with a full range of community facilities and services. Implementation: An objective of the Anaheim Resort Specific Plan is to improve public infructure, services, and facilities to accommodate the growth and development that is planned in the Specific Plan area. Additionally, the Anaheim Resort will be complemented with a "...full range of community facilities and services" which will be upgraded and enhanced as development of the area proceeds. ~.L0 Deterrenee of Decline in the Economic Vitalitv of the Area. Without adoption of the Project, commercial properties in the Anaheim Resort would continue to develop on a parcel-by-parcel basis without an identity program, enhanced design and development standards, or coordinated infructure planning. The piecemeal development that would occur, in conjunction with the loss of municipal revenues that would be realized with development in the area, would significantly detract from the attractiveness and economic vitality of the area. The result of preventing improvements and reinvestment to the area may be severe. Without reinvestment and maintenance, existing businesses may close and new development would be inhibited. It is reasonable to assume that a halt in investment and improvement would result in a loss of attractiveness and thus a decline in visits to the area. This in turn results in a further decline in the attractiveness and deterioration of the infructure and economic vitality of the area. 2.0 THE SPECIFIC PLAN AREA HAS UNIQUE SITE CHARACTERISTICS, SUCH AS TOPOGRAPHY, LOCATION OR SURROUNDINGS WHICH ARE ENHANCED BY SPECIAL LAND USE AND DEVELOPMENT STANDARDS. Anaheim Municipal Code ~ ~8.93.070(1). Together with the approved Disneyland Resort Specific Plan and the approved Hotel Circle Specific Plan, the Anaheim Resort Specific Plan covers one of two areas designated for Commercial Recreation land uses by the City of Anaheim General Plan. (Another area which surrounds Anaheim Stadium is also designated Commercial Recreation.) The location of the Specific Plan area adjacent to the I-5 Freeway, and adjacent to Disneyland and including the Anaheim Convention Center, has made it the area of the city with the largest concentration of hotels, motels and restaurants. Because of this unique concentration of visitor- serving uses, it requires special land use and development standards and the kind of comprehensive planning which a specific plan can provide. For example, the Anaheim Resort Specific Plan provides for thematic landscaping, parkways, street features and signage which will result in a more distinct, attractive and unified appearance for the area. 3.0 THE SPECIFIC PLAN IS CONSISTENT WITH THE GOALS AND POLICIES OF THE GENERAL PLAN AND WITH THE PURPOSES, STANDARDS, AND LAND USE GUIDELINES THEREIN. Anaheim Municipal Code § 18.93.070(2). Section 1.9 above in these findings and Section 6.0 of the Anaheim Resort Specific Plan analyze and demonstrate in detail the consistency between the Specific Plan and the City of Anaheim General Plan, and are hereby incorporated by reference. The following are some highlights from that analysis: 3.1 The Specific Plan is Consistent with the General Community Obiectives and Policies of the city of Anaheim General Plan. The Specific Plan will promote orderly development of visitor-serving commercial and recreation uses, thereby enhancing economic vitality and improving Anaheim's status as a nationally recognized tourist, convention and recreation center. 3.2 The Specific Plan is Consistent with the Land Use Element of the City of Anaheim General Plan. The Specific Plan continues and enhances the visitor-serving commercial and recreation character of land uses in the Project area. Additional development, primarily hotel/motel and restaurant uses, will be accommodated at the same time that public infructure, landscaping, and design amenities are implemented. 3.3 The Specific Plan is Consistent with the Circulation Element of the City of Anaheim General Plan. Except for four intersections at which no feasible improvements can be provided, the Specific Plan provides for maintenance of the City's Level of Service "D" standard throughout the study area, even with traffic growth associated with the Project and other development within the City and the region. The Project incorporates TDM measures designed to reduce vehicle traffic and vehicle emissions. 3.4 The Specific Plan is Consistent with the Environmental Resource and Manaqement Element of the city of Anaheim General Plan. Except for isolated parcels, including a 56-acre agricultural field, the Specific Plan area is already developed with urban uses. Agricultural uses will continue to be permitted on the parcel, although the property owner has noticed the parcel for nonrenewal of its Williamson Act contract, which will expire in the Year 2000. 3.5 The Specific Plan is Consistent with the Safety and Seismic Safety Element of the city of Anaheim General Plan. No faults or other geologic hazards are known to underlie the Specific Plan area. Storm drainage improvements and enhanced fire/paramedic equipment and facilities will be provided. 3.6 The Specific Plan is Consistent with the Housinq Element of the City of Anaheim General Plan. The Project will not require the displacement of housing units. Existing mobile homes will be allowed to continue under a Mobile Home Park Overlay designation. Setbacks, landscaping, and other design features have been incorporated to reduce conflicts between commercial and residential land uses. 3.7 The SPecific Plan is Consistent with the Noise Element of the City of Anaheim General Plan. Noise-reduction measures, such as extensive landscaping adjacent to roadways, have been incorporated in the Specific Plan. 3.8 The Specific Plan is Consistent with the Growth Management Element of the Citv of Anaheim General Plan. With the exception of the unavoidably significant environmental impacts identified in the findings proposed for adoption in connection with the certification of EIR No. 313, the Specific Plan and the mitigation measures adopted in connection with the approval thereof will fully mitigate all significant impacts associated with development under the Specific Plan, including impacts on traffic and air quality. The Project lies within an area designated for priority growth in the Economic Development Strategic Plan adopted in 1990. 3.9 The S~e¢ific Plan is Consistent with the Parks, Recreation and Community Services Element of the city of Anaheim General Plan. Design concepts in the Specific Plan provide for the enhancement of landscaping, parkways and street features to create a visually-pleasing and pedestrian-friendly environment consistent with the recreational character of the area. 4.0 THE SPECIFIC PLAN RESULTS IN DEVELOPMENT OF DESIRABLE CHARACTER WHICH WILL BE COMPATIBLE WITH EXISTING AND PROPOSED DEVELOPMENT IN THE SURROUNDING NEIGHBORHOOD. Anaheim Municipal Code § 18.93.070(3). The Specific Plan continues and enhances the existing pattern of visitor-serving commercial and recreation land uses in the area. The Specific Plan is highly complementary to the adjoining Disneyland Resort Specific Plan area, in that it provides for hotel and motel development which will in large part serve guests of the Disneyland Resort and the Anaheim Convention Center, thereby enhancing the status of the area as a multi-day vacation and convention destination. Although neighboring residential areas could be adversely impacted by construction activities and the increased intensity of development within the Specific Plan area, design features and mitigation measures have been incorporated in the Project to reduce or avoid these impacts. 5.0 THE SPECIFIC PLAN CONTRIBUTES TO A BALANCE OF LAND USES. Anaheim Municipal Code ~ 18.93.070(4). The Specific Plan provides for commercial and recreational land uses which are expected to generate substantial net revenues to the city (see Section 1.1 above in these findings), which will offset lower revenue-generating land uses, such as residential 8 development, in other parts of the City. In addition, the employment opportunities and recreational opportunities anticipated from development under the Specific Plan will complement residential development elsewhere in the City. Therefore, although the new development permitted under the Specific Plan will be limited to commercial and recreational uses, the Project will contribute to a balance of land uses on a Citywide basis. 6.0 THE SPECIFIC PLAN RESPECTS ENVIRONMENTAL AND AESTHETIC RESOURCES CONSISTENT WITH ECONOMIC REALITIES. Anaheim Municipal Code ~ 18,93.070(5). The landscape enhancements and other design features of the Specific Plan will improve the aesthetic character of the Specific Plan area. Impacts of the Project on the environment have been analyzed in EIR No. 313, and have been reduced to the extent feasible by the design features and mitigation measures proposed in the Specific Plan and the mitigation monitoring program. By providing for increased intensity of commercial- recreational land uses in an area already predominantly urbanized with these uses, the Project avoids contributing to "urban sprawl", which can sometimes threaten valuable environmental and aesthetic resources. Although the 56-acre agricultural parcel within the Specific Plan area could be viewed as an environmental and aesthetic resource, it will be permitted to continue in agricultural production unless the property owner chooses to abandon that use. There are no other significant natural/environmental resources in the Specific Plan area; and 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 as they apply to the zoning and development standards are present; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, the City Council, in Resolution No. 94R- , did find that FEIR No. 313 with the Statement of Find~-~s and Facts and Statement of Overriding Considerations and the corresponding Mitigation Monitoring Program No. 0085, addressed the environmental impacts and mitigation measures associated with (i) General Plan Amendment No. 333 pertaining to the Land Use, Circulation and Environmental Resource and Management Elements of the General Plan; (ii) The Anaheim Resort Specific Plan No. 92-2 (Including Zoning and Development Standards, a Design Plan and Guidelines, and a Public Facilities Plan); (iii) the Anaheim Identity Program; (iv) the Anaheim Resort Public Realm Landscape Program; (v) the Anaheim Resort 9 Nonconforming Signage Program and (vi) future discretionary actions described in Draft Environmental Impact Report No. 313. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Council, having considered the project refinements and the evidence presented during the public hearing process, does hereby approve Specific Plan No. 92-2 (including Zoning and Development Standards, a Design Plan and Guidelines and a Public Facilities Plan), subject to the following conditions of approval: CONDITIONS OF APPROVAL THE PROPERTY OWNER/DEVELOPER SHALL BE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE CONDITIONS OF APPROVAL AND MITIGATION MEASURES INCLUDED IN MITIGATION MONITORING PROGRAM NO. 0085. A COPY OF WHICH IS ATTACHED HERETO AS "ATTACHMENT 'B'" AND INCORPORATED HEREIN. ALL MITIGATION MEASURES ARE INCLUDED AS PART OF MITIGATION MONITORING PROGRAM NO. 0085 FOR THIS PROJECT (AS REQUIRED BY SECTION 21081.6 OF THE PUBLIC RESOURCES CODE). ELECTRICAL 1. That prior to issuance of each building permit, unless records indicate previous payment, a fee for street lighting purposes shall be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution with credit against the fee given for City authorized improvements installed by the property owner/developer. 2. That prior to the approval of each tentative tract or parcel map, or issuance of each building permit, whichever occurs first, Public Utility Easements (PUE's) will be recorded and/or abandonment of PUE's will be processed to the satisfaction of the Utilities Department for the following circumstances: A. As a result of increases in right-of-way, where electrical and communication facilities are located adjacent to the existing right-of-way, the facilities shall be either located within the new right-of-way or relocated to new adjacent areas, requiring a PUE. B. The undergrounding of power and communication lines along the major streets will result in the need to obtain PUE's for placement of pad mounted equipment, and related facilities required as a result of the overhead to underground conversion work. C. Alterations to existing private buildings and/or construction of new structures (buildings, signs, landscaping elements, etc.) may require relocation of existing electrical and/or communication facilities. This will require abandonment of existing PUE's and recordation of new PUE's to accommodate the relocation. 10 3. Private streets within the Anaheim Resort Specific Plan area shall have street lights installed which are compatible with the design standards used for the public streets as determined by the Utilities Department. ENGINEERING 4. That the following street design elements shall be shown on each tentative tract or parcel map: A. Street cross-sections, including dimensions, labels, circulation designation (i.e., Resort Secondary) and whether public or private. B. Street grades and vertical alignment. C. Horizontal alignment, including centerline radii, and cul-de-sac radii. 5. That prior to the approval of each final tract or parcel map, vehicular access rights to all public streets adjacent to subject tract or parcel, except at approved access points, shall be released and relinquished to the City of Anaheim. 6. That prior to issuance of a grading permit, a rough or precise grading plan prepared by a registered Civil Engineer shall be submitted to the City Engineer for review and approval. 7. That all storm drain, sewer and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. FIRE 8. That prior to the approval of each Final Site Plan and prior to the issuance of each building permit, plans shall be reviewed and approved by the Fire Department as being in conformance with the Uniform Fire Code. 9. That prior to the placement of building materials on a building site, an all-weather road shall be provided from the roadway system to and on the construction site and for fire hydrants at all times, as required by the Fire Department. Such routes shall be paved or, subject to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and radius of the driving surface must meet the requirements of Section 10.204 of the Uniform Fire Code as adopted by the City of Anaheim. 11 10. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 11. That prior to the approval of on-site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. LANDSCAPING 12. That root and sidewalk barriers shall be provided for trees (with the exception of palm trees) within seven feet of public sidewalks. 13. That prior to final building and zoning inspections, a licensed landscape architect shall provide a letter to the Planning Department certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. 14. That on-site non-Public Realm landscaping and irrigation systems and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer in compliance with City standards. 15. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 16. That a licensed arborist shall be responsible for all tree trimming. NOISE 17. That the property owner/developer shall install and maintain specially designed construction barriers at the project perimeter areas. The construction sound barriers shall be a minimum height of 8' with a minimum surface weight of 1.25 lbs per square foot or a minimum Sound Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragels, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. 18. That sweeping operations in the parking facilities and private on-site roadways shall be performed utilizing 12 sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. 19. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetical considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:00 p.m.. 20. That the property owner/developer shall pay for all reasonable costs associated with noise monitoring which shall include monitoring conducted by a certified acoustical engineer under the direction of the Planning Department four times a year on a random basis to ensure that outdoor construction-related sound levels at any point on the exterior project boundary property line do not exceed 60 dBA between the hours of 7:00 p.m. and 7:00 a.m. of the following day where outside construction is occurring. If a complaint is received by the City, additional noise monitoring shall be conducted at the discretion of the city. If the monitoring finds that the 60 dBA threshold is being exceeded, construction activities will be modified immediately to bring the sound level below the 60 dBA requirement, with additional follow-up monitoring conducted to confirm compliance. PLANNING-RELATED 21. That no development shall occur unless such development is substantially in accordance wi'th the Anaheim Resort Specific Plan No. 92-2 document on file with the Planning Department and marked Exhibit A. 22. That the aesthetic concepts related to the Anaheim Resort Specific Plan for improvements along the I-5 shall be coordinated with plans for The Disneyland Resort and the Anaheim Center Master Plan. 23. That all Final Site Plans shall be prepared in conformance with the Pre-File submittal requirements on file with the Zoning Division of the Planning Department. Prior to issuance of building permits, construction plans shall be in substantial conformance with said Final Site Plans. 24. That prior to issuance of building permits, unless records indicate previous payment, a fee for street tree purposes shall be paid or caused to be paid to the City of Anaheim based on the length of street frontage in an amount as established by City Council resolution or credit against the fee given for City authorized improvements installed by the property owner/developer. 25. That prior to final building and zoning inspections, all air conditioning facilities and other roof and ground mounted 13 equipment shall be shielded from public view as required by the Specific Plan and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient-occupied properties. Such information shall be specifically shown on the plans submitted for building permits. 26. That prior to final building and zoning inspections, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 27. That property owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. 28. That the location and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas, shall be shown on all Final Site Plans. All proposed surface parking area lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet adjacent to any residential properties. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated and away from adjacent residential property lines. All lighting fixtures, types and locations shall be identified on the plans submitted for building permits. 29. That in connection with the submittal of Final Site Plans, building elevations shall show that the rear elevations of buildings visible from off-site areas shall be architecturally accented to portray a finished look. 30. That, in the event a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to the recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the City Traffic and Transportation Manager and the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the reoorded covenant shall then be submitted to the Planning Division of the Planning Department. 31. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motel or vacation resort front setback areas. POLICE 14 32. That prior to approval of each Final Site Plan and prior to issuenos of each building permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases. STREET MAINTENANCE 33. That trash storage areas shall be provided and maintained in a location acceptable to the Department of Maintenance and in accordance with approved plans on file with said Department. Suoh information shall be specifically shown on the plans submitted for building permits. TRAFFIC/CIRCULATIO~ 34. 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 and Transportation Manager prior to issuance of a building permit. 35. That all driveways shall be constructed with minimum fifteen (15) foot radius curb returns as required by the city Engineer, unless otherwise approved by the City Engineer. 36. That all engineering requirements of the City of Anaheim, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the city Engineer and in accordance with specifications on file in the office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to the issuance of a building permit or final map approval, whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning inspections. 37. That prior to issuance of each building permit, the appropriate Citywide Transporter%on Impact and Improvement Fee shall be paid to the city of Anaheim in the amount(s) determined by city Council Resolution. Consistent with the Fee Ordinance, fees may be reduced in cons.deration of right-of-way dedication and/or Master Plan of Arterial Highway facility construction. 15 38. That when established by the City, the property owner/developer shall participate in the Transportation Network (TMA) to be created for the Anaheim Resort and Anaheim Stadium Business Center and coordinated with the I-5 Traffic Management Plan. WATER 39. That prior to final building and zoning inspections, the water meter and backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Utility Division, in either underground vaults or behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156 and Section 18.48.070.1107 of the Anaheim Municipal Code. Such information shall be specifically shown on the plans submitted for Final Site Plan approval and for building permits. 40. That prior to issuance of each building permit, unless records indicate previous payment, the appropriate fees for Primary Mains, Secondary Mains and Fire Protection Service shall be paid to the Public Utilities Department, Water Utility Division in accordance with Rule 15A and 20 of the Water Utility Rates, Rules and Regulations. 41. That prior to final building and zoning inspections, a separate water meter shall be installed for landscape water on all projects where the landscape area exceeds 2,500 square feet in accordance with Ordinance No. 5349 MISCELLANEOUS 42. The completion of these reclassification proceedings is contingent upon approval and adoption of General Plan Amendment No. 333 by the City Council. 43. 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. 44. That the property owner/developer shall be held responsible for compliance with the mitigation measures identified in Final EIR No. 313 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 property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation 16 measures identified in Final EIR No. 313 that have been incorporated into the Mitigation Monitoring Program. The Mitigation Monitoring Program, which includes mitigation measures, is attached and made a part of these conditions of approval. 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 this 20thday of September , 1994. ATTEST~ ~ CITY CLERK OF THE OF ANAHEIM 8655.1\SMANN\September 20, 1994 17 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. 94R-236 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of September, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Hunter, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-236 on the 21st day of September, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21th day of September, 1994. 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. 94R-236 was duly passed and adopted by the City Council of the City of Anaheim on September 20, 1994. CITY CLERK OF THE CiTY OF ANAHEIM Area 1 Beginning at a point on the centerline of Ball Road, said point being S 89056' 01" W, 145 feet more or less from the centerline Intersection of Ball Road and Cambridge Street as shown on Tract No. 1909 as recorded in Book 59, pages 13 and 14 of Orange County records; thence Westerly along the centerline of Ball Road to the centerline intersection of Ball Road and Harbor Boulevard; thence Southerly along the centerline of Harbor Boulevard to the intersection of the centerline of Harbor Boulevard with the centerline of Inter- state 5 (Santa Ana Freeway); thence Northwesterly along the centerline of Interstate 5 to the intersection with the centerline of Ball Road; thence Westerly along the centerline of Ball Road to the Intersection of the centerline of Ball Road and the Northerly prolongation of the West line of Parcel 2 as shown on a map recorded in Book 78. page 42 of Orange County records: thence Southerly along said Westerly line of Parcel 2 to the South line of said Parcel 2: thence West- erly along the Westerly prolongation of the South line of said Parcel 2 to the intersection with the centerline of West Street; thence Northerly along the centerline of West Street to the intersection of the Easterly prolongation of the South- erly line of Parcel 2 as shown on a map recorded in Book 29, page 14 of Orange County records; thence Westerly along said Southerly line of Parcel 2 to the Southwest corner of said Parcel 2; thence Northerly along the Westerly hne and the Northerly prolongation thereof of said Parcel 2 to the in- terseetlon with the centerline of Ball Road; thence Easterly along the centerline of Ball to a point 53 feet South of the Southeast corner of Tract No. 1620; thence Northerly along the east boundary of said Tract to the centerline of Vermont Avenue; thence Northeasterly along the centerline of Ver- mont Avenue to the centerline of West Street; thence North- westerly along the centerline of West Street to a point on the prolongation of the centerline of Locust Street; thence Northeasterly along said prolongation of the centerline of Locust Street to the centerline of Interstate 5 (Santa Pma Freeway); thence Southeasterly along the centerline of In- terstate 5 to the intersection with the centerline of Ball Road; thence Easterly along the centerline of Ball Road to a point approximately 140 feet West of the centerline of Har- bor Boulevard; thence Northwesterly to the Southeast cor- ner of Tract No. 10954; thence Northwesterly along the Easterly boundary of said Tract to the Northeast corner of Page 3 ATTACHMENT "A" said Tract; thence Southwesterly along the Tract boundary; thence Northwesterly along the Tract boundary and the ex- tension thereof to a point which is approximately 442 feet South of the centerline of Vermont Avenue; thence North- easterly to the Southwest corner of Parcel 2 per Lot Line Ad- justment Plat No. 110 recorded in Book 50, page 9 of Orange County Records; thence Northwesterly along the West line of said Parcel 2 to the Northwest corner of said Parcel 2; thence along the property line Northeasterly, 49 feet; thence Northwesterly along the property line 21 feet to the Southwest corner of Parcel I of said Lot Line Adjust- ment Plat No. 110; thence Northeasterly to the Southeast corner of said Parcel 1; thence Northwesterly along the East line of said Parcel I and the prolongation thereof to the cen- terline of Vermont Avenue; thence Northeasterly along the centerline of Vermont Avenue to the centerline of Harbor Boulevard; thence Southeasterly along the centerline of Harbor Boulevard to the intersection of the prolongation of the North line of Lot 27 of Anal~eim Extension and the cen- terline of Harbor Boulevard; thence Northeasterly along said North line of said Lot 27 to the Northeast corner of said Lot 27; thence Southeasterly approximately 230 feet to the Northwest corner of Tract No. 1909; thence continuing Southeasterly along the West boundary of Tract 1909 to the Southwest corner of Tract No. 1909; thence continuing Southeasterly along the prolongation of the West line of said Tract to the point of intersection with the centerline of Ball Road, said Intersection being the original Point of Beginning Beginning at the centerline intersection of Harbor Boule- vard and Interstate 5 (Santa Ana Freeway); thence South- easterly along the centerline of Interstate 5 to the intersection of the Easterly prolongation of the North line of Alto Way as shown on a map recorded in Book 112, pages 11 and 12 of Parcel Maps records of Orange County; thence Westerly along said North line of Alro Way and the Westerly prolongation thereof a distance of 1450 feet more or less; thence Southerly 505 feet more or less to the North line of Southern California Edison property; thence Westerly along said North line and the prolongation thereof to the intersec- tion with the centerline of Harbor Boulevard; thence North- erly along the centerline of Harbor Boulevard to the intersection with the centerline of Interstate 5, being the point of beginning of this description. Page 4 The Anaheim Resort Specific Plan Anaheim, California Legend Legal Description Areas L.....J Limit of Anaheim Resort F~J Anaheim Resort Specific Plan Legal  Area Boundaries 0 1000 2000 feet North DesLgnated for Future Extension in General Plan Circulation Element Legal Description Areas Page5 Area 3 Beginning at a point being the intersection of the Westerly prolongation o~ the centerline of Gene Autry Way (formerly Pacffico Avenue) and the centerline of Interstate 5; thence Westerly along said Westerly prolongation of the centerline of Gene Autry Way to the intersection of the centerline of Haster Street; thence Northerly along the centerline of Hast- er Street 1050 feet more or less; thence Westerly 660 feet more or less; thence Northerly 265 feet more or less to the centerline of Katella Avenue; thence Westerly along said centerline to the intersection with the centerline of Clemen- tlne Street; thence Northerly along the centerline of Clem- entthe Street to the intersection with the centerline of Freedman Way; thence Southeasterly along the centerline of Freedman Way 550 feet more or less to a point; thence perpendicular to the centerline of Freedman Way and Northeasterly to the intersection of the centerline of Inter- state 5 (Santa Ana Freeway); thence Southeasterly along the centerline of said Interstate 5 to the point of beginning. Excepting Hotel Circle Area: Beginning at the centerline intersection of Katella Avenue and Clementine Street; thence Northerly along the center- line of Clementine Street to the intersection with the West- erly prolongation of the Northerly line of Lot 7 of Tract No. 3330 as recorded in Book 113, pages 21 and 22 of Orange County records; thence Easterly along said North line of said Lot 7 to the Southwest corner of Lot 5 of Tract 3084 as recorded in Book 96, pages 39 and 40; thence Northerly along the West line of said Lot 5 to the Northwest corner of said Lot 5; thence Easterly along the North line of said Lot 5 and the Easterly prolongation thereof to the intersection with the centerline of Haster Street; thence Southerly along the centerline of Haster Street 285 feet more or less; thence Westerly 225 feet more or less; thence Northerly 185 feet more or less; thence Westerly 230 feet more or less to the intersection with the centerline of Zeyn Street; thence Southerly along the centerline of Zeyn Street to the inter- section with the centerline of Katella Avenue; thence West- erly along the centerline of Katella Avenue 284 feet more or less to a point on the Southerly prolongation of the East line of Parcel 2 as shown on a map recorded in Book 10, page 12 of Parcel maps records of Orange County; thence North- erly along the Southerly prolongation of said East line and Page 6 the East line of said Parcel 2 to a point on the South line of Lot 8 of said Tract 3330; thence Westerly along the South line of said Lot 8 to the centerline of Clementine Street; thence Northerly along the centerline of Clementlne Street to the point of beginning. Area 4 Beginning at the Northeast corner of Parcel 1 per Parcel Map recorded in Book 98, page 39; thence Southerly along the West line 6f said Parcel 1 to a point in the centerline of Orangewood Avenue; thence Westerly along the centerline of Orangewood Avenue to the East line of Tract No. 3029; thence Northerly along said East line to the North line of said Tract No. 3029; thence Westerly to the West line of said Tract; thence continuing Westerly along the Westerly pro- longation of said Northerly Tract boundary to a point in the centerline of West Street; thence Northerly along the center- line of West Street to the Northeast corner of Tract No. 3204 per map recorded in Book 97, pages 1, 2 and 3; thence Westerly along the North boundary of said Tract to the Southeast corner of Tract No. 3290 per map recorded in Book 101, pages 43 and 44; thence Northerly along the Easterly boundary of said Tract to the Northeast corner of said Tract; thence S 89° 25' 53" W, 40 feet; thence S 44° 25' 53" W, 28 feet; thence S 89° 25' 53" W, 531 feet; thence S 0o 45' 52" E, 60 feet; thence S 89° 25' 22" W, to the inter- section of the East boundaIy of Tract No. 2489 and the cen- terline of Stella Avenue per map recorded in Book 83, pages 5, 6 and 7; thence Northerly to the centerline intersection of Katella Avenue and Walnut Street; thence Easterly along the centerline of Katella Avenue to the intersection with the centerline of Harbor Boulevard; thence Northerly along the centerline of Harbor Boulevard 675 feet more or less; thence Easterly 835 feet more or less; thence Southerly 675 feet more or less to the centerline of Katella Avenue; thence Easterly along the centerline of Katella Avenue 55 feet more or less; thence Southerly 265 feet more or less; thence Westerly 430 feet more or less; thence Southerly 390 feet more or less; thence Easterly 1510 feet more or less; thence Southerly parallel with the centerline of Haster Street 1300 feet more or less; thence Westerly 1670 feet more or less to the point of beginning. Page 7 Area 5 Beginning at the centerline intersection of Katella Avenue and West Street; thence Northerly along the centerline of West Street 825 feet more or less to the point of beginning; thence Westerly 500 feet more or less; thence Northerly 500 feet more or less; thence Easterly 500 feet more or less thence Southerly 500 feet more or less to the point of begin- ning. Area 6 Parcels i and 2 as shown on a map recorded in Book 10, page 44 oi Parcel Maps records of Orange County. Source: City of Anaheim Page8 (~ 8/26/94 MIIIGATION MONITORING PROGRAM NO. 0US5 FOR THE ANAHEIM RESORT SPECIFIC PLAN CEQA Action: Environmental Impact Report No. 313 (Resolution No. 94R-__2 3 4 ) Project Description: General Plan Amendment No. 333; Specific Plan No. 92-2 (including Zoning and Development Standards, Design Guidelines and a Public Facilities Plan); Anaheim Resort Identity Program; Anaheim Resort Public Realm Landscape Program and Anaheim Resort Non-Conforming Signage Program. Project Location: The Specific Plan Area is generally located adjacent to and southwest of the Santa Ana Freeway (I-5) and is accessible from Harbor Boulevard, Ball Road, Freedman Way, Katella Avenue, West Street, Orangewood Avenue, Haster Street/Anaheim Boulevard and Walnut Street - see Exhibit 2-3 in EIR No. 313. Terms and Definitions: 1. Property O~vner/T)eveloper - Any owner or developer of real property with the Anaheim Resort Specific Plan area. 2. Environmental Equivalent/'nming - Any 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 envimnmant. The Planning Department, in conjunction with any appropriate agencies or C~ty departments, shall determine the adequacy of any proposed "environmental eduivalent/~Jming' and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of anvimnmantal eduivalency/timing shell be berne by the property owner/developer. Staff time for reviews will be charged on a time and materials basis at ~ rate in the Clty's adopted fee schedule. Timing - This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated. it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no addltionaJ monitoring pursuant to the M'~gatJofi Monltodng Program will occur, as routine City practisas and procedures will ensure that the Intent of the measure 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. 4. Responsibility for Mofi/to~ng - S;lall mean that compliance with the subject mitigation mansure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 5. Ongoing Mitigation Measures - The mitigation measures that are designated to ocour on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of as annual letter from the property owner/developer in January of each year stating how compliance with the subject measure(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monltodng of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored 'Ongoing During Construction'. the annual letter will review those measures only while construction is ascorring; monitoring will be discontinued after construction is complete. 6. Building Permit - For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. Timing Measure Responsible for Monitoring Completion LAND USE-RELATED PLANS AND POLICIES Prior to Approval of Each Final site plans will be reviewed for future developments within the Planning Department, Final Site Plan Anaheim Resort Specific Plan Area for consistency with the Specific Planning Division Plan. (3.1-1) Attachment B Timitlg Measuro Re.~rx)~lsible for Mo~Qri~g ::: :::::::::::::::::::::::: TRANSPORTATION AND CIRCULATION Prior to Fimt Final Site The property owner/developer of development forecast to generate 100 Public Works/Engineering Plan Approval (Excluding or more peek hour trips, as determined by the City Traffic and Department, Traffic and Signage Plans) Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Transportation Division Generation Rates, shall be required to pay the City of Anaheim for all costs associated with updating the City of Anaheim Resort Transportation Model to include the trips associated with their proposed development. This model update will be used to determine and program the extent and phasing of improvements necessary to accommodate the proposed development. a. If the model demonstrates that the proposed development will cause an intersection to operate at LOS E or worse, prior to the Issuance of whichever building permit necessitates an improvement(s), the construction contract for said improvement(s) must have been awarded; and, prior to finel building and zoning inspections for the applicable building permit, the Improvement(s) shall be accepted by the City. The extent of Improvements required for full buildout of the Anaheim Resort are listed in Tables 3.3-2, 3.3-4 and 3.3-6 of Section 3.3, Transportation and Circulation, of EIR No. 313. The property owner/developer shall have the option to: (1) wait until the improvement(s) is construeted by others or, (2) construct or pay the actual total costs of the improvement(s) which shall inelude the payment for consultant/contractor services for preliminary and final engineering, soils analysis, right-of-way acquisition, demolition, relocation, construction and inspection, and any other related expenses. The City Engineer may make the determination that Option (2) may be waived based on the status and phased implementation of the planned improvement(s) and based on the supporting environmental analysis contained in EIR No. 313 or in supplemental environmental documentation. The City may have the ability to reimburse for the additional expanse beyond the proparty owner/devdopar's fair share contribution of improvement(s) based on the collection of other transportation improvement fees or funding through other public sources. However, if a reimbursement or fair share program has not been established by the City, to the extent that the proparty owner/developer's costs exceed their "fair share" contribution for said improvement(s), the proparbj owner/developar may petition the City Council to establish a reimbursement agreement or benefit district to include other benefiting proparties. All costs associated with the establishment of any such agreement/district shall be at the expanse of the property owner/developar. b. If the updated model demonstrates that LOS E will not be exceeded, no additional transportation improvement(s) will be required of the proposed development. In this Instance, the property owner/developar shall, prior to the issuance of each building parreit, pay to the City of Anaheim ell applicable transportation fees in an amount determined by City Council Resolution in effect at the time of issuance of the building parmit and participate in all applicable reimbursement or bener~ districts which have been established. (3.3-1) Prior to Issuance of Each Appropriate Traffic SignaJ Assessment Fees and Traffic Impact and Planning Department, Building Building Permit Improvement Fees shall be paid by the property owner/developar to Division; Public Works/ the City of Anaheim in amounts determined by the City Council Enginesring Department, Resolution in effect at the time of issuance of the building parreit with Traffic and Transportation credit given for City-authorized improvements provided by the proparty Division owner/developar; and, participate in all applicable reimbursement or benefit districts which have been established. (3.3-2) Prior to Approval of First The property owner/developer shall irrevocably offer for dedication Public Works/Engineering Final Subdivision Map or (with subordination of easements), including necessary construction Department, Development Issuance of Firat Building easements, the ultimate right(s)-of-way as shown in the Circulation Services Division; City Permit, Whichever Element of the Anaheim General Plan adjacent to their proparty. (3.3-3) Attorney's Office Occurs First Timing MeasLJre Responsible for Prior to Final Building The property owner/developer shell join and financially participate in a Public Works/Engineering and Zoning Inspecfion; clean fuel shuttle program, if established; and, shall participate in the Department, Traffic and and, Ongoing During Anaheim Transportation Network/Transportation Management Transportation Division; CEy Project Operation Association. (3.3-4) Attorney's Office Prior to Issuance of The property owner/developer shell coordinate rideshare services for Public Works/Engineering Grading Permit construction ernp~oyees with the Anaheim Transportation Network Department, Traffic and (ATN), and shall implement ATN recommendations to the extent Transportation Division feasible. (3.3-5) Prior to Issuance of Each For a hotel or motel development in the area designated Convention Public Works/Engineering Building Permit Center Medium density (see Exhibit 3.3.3b of the Specific Plan, 'C-R Department, Traffic and District Development Density Plan'), which exceeds 100 rooms per Transportation Division; City gross acre, the propen'y owner/developer shall enter into an agreement Attorney's Office with the City to implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the tripe assumed by the City's traffic model. (3.3-6) Ongoing During If the Anaheim Police Department or Anaheim Traffic Management Police Department; Public Construction Center (TMC) personnel are required to provide temporary traffic Works/Engineering control services, the property owner/developer shall reimburse the City, Department, Traffic and on a fairshare basis, if applicable, for reasonable costs asseelated with Transportation Division such services. (3.3-7) Tirning Measure Responsible for Mor~E~ring ::; Prior to Filial Building The properly ow~er,'developer will implement and administer a Public Works/Engineering and Zoning Inspection; comprehensive Transportation Demand Management (TDM) program Department, Traffic and and, Ongoing During for all employees. Objectives of the TDM program shall be: Transportation Division Project Operation · Increase rideshating and use of alternative transportation modes by guests. · Prov'~e a menu of commute alternatives for employees to reduce project-generated tripe. A menu of TDM program strategies and elements for both existing and future employee commute options include, but are not limited to, the following: ·Onsite Service. Onsite services, such as the 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 8eelstance and onsite sales to encourage employees to use the various transit and bus services from throughout the region. · Commuter Bus. As commuter 'express' bus service expands throughout the region, passes for use on these lines may be provided for employees who choose to use this service. Financial incentives be provided. · Shuttle Service. A computer listing of all employees living in proximity to the, project be generated, and a local shut~e program offered to encourage employees to travel to work by means other than the automobile. · Bicycling. A Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program. Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options. · Rental Car Fleet. A 'fleet vehicle' program be developed to provide employees who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help employees use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. · Guaranteed Ride Home Program. A program to provide employees who rideshare, or use transit or other means of commuting to work, with a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. · Target Reduction of Longest Commute Trip. An incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. · Stagger shifts. · Develop a 'compressed work week' program, which provides for fewer work days but longer davy shifts as an option for employees. · Explore the possibility of a "telecommuting' program that would link some employees via electronic means (e.g., computer with modem). · Develop a parking management program that provides incentives to those who rideshare or use transit means other than single- occupant auto to travel to work. · Access. Preferential access to high occupancy vehicles and shuttles may be provided. Tirning MeaslJre Responsible for Monit~)ri~i~ i · Firlancial Incentive for Ridesharing and/'or Public Transit. (Currently, Federal law provides tax-free status for up to $60 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools) ·Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. · Special "Premium" for the Participation and Promotion of Trip Reduction. Ticket/passes to special events, vacations, etc. be offered to employees who recruit other employees for vanpool, carpooi, or other trip reduction programs. ·Actively recruit prospective employees residing within a 30-minute commute shed. · Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. (3.3-8) AIR QIJAUTY Ongoing During Project The property owner/developer shall implement measures to reduce Public Works/Engineering Operation emissions to the extent practical, schedule goods movements for off- Department, Traffic and peak traffic hours, and use clean fuel for vehicles and other equipment, Transportation Division as practicable. (3.4-1) Prior to Issuance of Each The property owner/developer shall submit evidence that low emission Planning Department, Building Building Permit; and, paints and coatings are utilized in the design of buildings, in Division Ongoing During compliance with SCAQMD regulations. This information shall he Construction denoted on the project plans and specifications. The property owner/developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use nonsolvent-based coatings on buildings, wherever appropriate. b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. (3.4-2) Anaheim Resort Specific Plan EIR 8 Ongoing During The pro[xerty owner/develol)er shall implenient measures to reduce South Coast Air Quality Construction construction-related air quality impacts. These measures shall include, Management District; Planning but are not limited to Department, Building Division a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed dudrig earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including applieation of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed stock piles. c. Roach~ays adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept onsite when not In operation to minimize exhaust emissions associated with vehicles repetitiously entering and ex'itlng the project site. e. Trucks importing or exporting soil material and/or debris shall be covered pdor to entering public streets. f. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. k. Comply with the SCAQMD Rule 402, which states that no dust impacts offsite am 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. m. Utilize existing power sources (e.g., power pales) or clean-fuel generators rather than temporary power generators, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o. Use low sulfur fuel for equipment, to the extent practicable. (3.4-3) Prior to Approval of Each The property owner/developer shall submit Demolition and Public Works/Engineering Grading Plan (for Import/Export Plans, if determined to be necessary by the Public Department, Traffic and Import/Export Plan) and Works/Engineering Department, Traffic Engineering Division and/or Transportation Division; Prior to Issuance of Maintenance Department. The plans shall include identification of Maintenance Department Demolition Permit (for offsite locations for materials export from the project and options for Demolition Plan) disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete, for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on project site. (3.4-4) Prior to Issuance of Each The property owner/developer shall comply with all SCAQMD offset South Coast Air Quality Building Permit regulations and implementation of Best Available Control Technology Management District; Planning (BACT) and Best Available Retrofit Control Technology (BARCT) for any Department, Planning Division new or modified stationary source. Copies of permits shall be given to the Planning Department. (3.4-5) Tirning Measure Responsible for Monito~g: ; ; ::~pletio~~:: :::: Prior to Issuance of Each The property owner.,devefoper shall implement. and demonstrate to the Utilities Department, Resource Building Permit City, measures that are being taken to reduce operation-related air Efficiency Division; Public quality impacts. These measures may include, but are not limited to, Works/Engineering the following: Department, Traffic and Transportation Division 1.Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. 2.Incorporate efficient heating and other appliances. 3.Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. 4.Use drought-resistant landscaping wherever feasible to reduce energy used in pumping and trensporting water. 5. Participate In marketing the existing Anaheim Telecenter (telecommuting/video conferencing center) to guests in their hotels/businesses. 6. To the extent feasible, provide daycare opportunities for employees or participate In a joint development daycare center. (3.4-6) NOIBE Ongoing During Noise generated by construction activEy shell be limited by the Planning Department, Demolition, Grading and property owner/developer to 60 dBA along the property boundaries, Code Enforcement Division Construction before 7:00 a.m. and after 7:00 p.m., as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Code. (3.5-1) Prior to Issuance of Each An 8-feot-high perimeter or portable construction barrier shell be Planning Department, Building Permit provided by the property owner/developer along boundaries of Building Division construction areas which heve noise-sensitive land uses adjacent to them to minimize noise impacts. (3.5-2) Ongoing Project During The property owner/developer shall ensure that all internal combustion Planning Department, Construction engines on construction equipment and trucks are fitted with properly Building Division maintained mufflers. (3.5-3) Timing Measl,re Responsible for Monitoring:::: Prior to Subinitial of Each The property owrmr.,.'develoDer shall submit a noise st[~y prepared by Planning Department, Final Site Plan; to be a certified acoustical engineer to the satisfaction of the Building Division Building Division Implemented Prior to Manager identifying whether noise attenuation is required and defining Final Building and Zoning the attenuation measures and specific performance requirements, if Inspections warranted, to comply with the Uniform Building Code and Sound Pressure Levels Ordinance. Ultimate noise attenuation requirements, if any, shall depend on the final location of such buildings and noise- sensitive uses inside and surrounding the buildings. Attenuation measures shall be implemented by the property owner/developer prior to final building and zoning inspections. (3.5-4) Prior to Issuance of Each For structures that are adjacent to noise-sensitive uses such as Planning Department, Building Permit residences, the property owner/developer shall ensure that ell Building Division mechanical ventilation units are shown on plans and installed in compliance with the Sound Pressure Levels Ordinance. (3.5-5) Ongoing During Project Engine noise from sweeping equipment used in any parking facilities planning Department, Operations located adjacent to residential areas shall be muffled. (3.5-6) Code Enfomement Division Prior to Issuance of Each The property owner/developer shall ensure that noise from parking Planning Department, Building Permit for a structures adjacent to residential areas will be reduced by the provision Building Division Parking Structure of convenient access to parking facilities, sound attenuation devices (i.e., Iouvers and walls), the use of textured deck surfaces to reduce tire squealing, and tiering to provide greater distance to the receptor. (3.5-7) EARTH RESOURCES - GEOLOGY, SOILS, AND SEISMICITY Prior to Approval of Each The property owner/developer shall submit to the City Engineer for Public Works/Engineering Grading Plan review and approval, a soils and geological report for the area to be Department, Development graded, based on proposed grading and prepared by an engineering Services Division geologist and gectechnical engineer. All grading shell be in co~ormance with Title 17 of the Anaheim Municipal Code. (3.6-1) Prior to Issuance of Each The property owner/developer shall submit for review and approval, Planning Department, Building Permit detailed foundation design information for the subject building(s), Building Division prepared by a civil engineer, based on recommendations by a geotechnical engineer. (3.6-2) · . ....... ... · ..... · .. Motoring::: Prior to Issuance of Each The property owner/developer shall submit a report prepared by a Planning Department, Foundation Permit geotechnical engineer for review and approval which shell investigate Building Division the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure thet compressibility does not underlie the footing. (3.6-3) Prior to Issuance of Each The property owner/developer shell submit plans showing that the Planning Department, Building Permit proposed structure has been analyzed for earthquake loading and Building Division designed according to the most recent seismic standards in the Uniform Building Code adopted by the City of Anaheim. (3.64) Prior to Final Building The properb/owner/developer shall submit an earthquake emergency Fire Department and Zoning Inspection for response plan for review and approval. The plan shall require posted a Hotel/Motel notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff. (3.6-5) Ongoing During Grading The property owner/developer shall implement standard practices for Planning Department, Activities all applicable codes and ordinances to prevent erosion. (3.6-6) Building Division GROUNDWATER AND SURFACE HYDROLOGY Prior to Approval of First The property owner/developer shell submit a Master Drainage and Public Works/Engineering Grading Plan or Issuance Runoff Management Plan (MDRMP) for review and approval by the Department, Development of First Building Permit, Public Works/Engineering Department, Development Services Division Services DMsion; Orange Whichever Occurs First and Orange County Environmental Management Agency. The Master County Environmental Plan shall include, but not be limited to, the following items: Management Agency a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic calculations for storms up to and including the 100-year storm; and, b. A delineation of the improvements to be implemented for control of project-generated drainage and ranoff. (3.7-1) Anaheim Resort Specific P/an E/R ~ 13 Timing Measure Responsible for Monitoring: :: i ~pletion: Prior to Approval of a The property owner/developer shall submit for review and approval of Public Works/Engineering Grading Plan the City Engineer, a Water Quality Management Plan 0NQMP) Department, Development specifically identifying Best Management Practices (BMPs) that will be Services DMsion used onsite to contro~ predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures specified in Appendix 7 of the Countywide Drainage Area Management Plan de- tailing implementation of BMPs whenever they are applicable to the project (when the proiect has a below grade loading dock, for example); the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall reference the location(s) of structural BMPs. (3.7-2) Prior to Approval of The property owner/developer shall obtain coverage under the NPDES Public Works/Engineering Grading Plan or Issuance Statewide Industrial Stormwater Permit for General Construction Department, Development of Demolition Permit; Activities from the State Water Resources Contro~ Board. Evidence of Services Division and, Dudrig Cleadng attainment shall be submitted to the City Engineer. (3.7-3) Ongoing During Project The property owner/developer shall provide for the following: cleaning Maintenance Department Operations of all paved areas not maintained by the City of Anaheim on a monthly basis, including, but not limited to, private streets and parking lots. The use of water to clean streets, paved areas, parking lots, and other areas and flushing the debris and sediment down the storm drains shall be prohibited. (3.7-4) Prior to Each Final The property owner/developer shall submit a letter from a licensed Planning Department, Building and Zoning landscape architect to the City certifying that the landscape installation Planning Division Inspection and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. (3.7-5) Prior to Final Building The property owner/developer shall install piping onsite with project Utilities Department, Water and Zoning Inspection water mains so that reelaimed water may be used for landscape Engineering Division irrigation, if and when it becomes available from the County Sanitation District of Orange County. (3,7-6) PUBLIC SERVICES AND UTILITIES Prior to Commencement Ohsire fire hydrants shall be installed and charged by the property Fire Department of Structural Framing on owner/developer as required and approved by the Fire Department. Each Parcel or Lot (3.9.1-1) Timing Measure Responsible for M~ni~i :: ::::::::::::::::::::::: Prior to Approval of Each The property owner,'(faveloper shall submit an emergency fire. access Fire Department Grading Plan plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. (3.9.1-2) Prior to Issuance of Each Plans shall indicate that all buildings, exclusive of parking structures, Fire Department Building Permit; to be shall have sprinklers installed by the property ownar/devalopar in Implemented Prior to accordance with the Anaheim Municipal Code. Said sprinklers shall be Final Building and Zoning insJailed prior to each final building and zoning inspection. (3.9.1-3) Inspection Prior to Issuance of Each Plans shall be submitted to ensure that development is in accordance Fire Department Building Permit with the City of Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at all entrances. Staedpipas shall also be provided when determined to be necessary by the Fire Department. d. Adequate off-site 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. (3.9.1-4) Anaheim Resort Specific Plan EIR 15 Prior to Issuance of First The property owner/developer shall enter into an agreement recorded Fire Department; City Building Permit against the property with the City of Anaheim to pay or cause to be Attorney's Office paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: · One additional fire truck company. · One additional paramedic company. · Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. · A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. · A medical triage vehicle/trailer, equipped with sufficient trauma dressings, medical supplies, stretchers, etc., to handle 1,000 injured persons, and an appropriate storage facility. The determination of the allocable share of costs attributable to the property owner/developer shall be based on an apportionment of the costs of such equipment/facilities among property owners/developers in the Hotel Circle Specific Plan Area, the Disneyland Resort Specific Plan Area and the Anaheim Resort Specific Plan Area or the otherwise defined service area, as applicable, depending on the area served. (3.9.1-5) Prior to Each Final The prope~y owner/developer shall place emergency telephone service Fire Department Building and Zoning numbers in prominent locations as approved by the Fire Department. Inspection (3.9.1-6) Prior to Issuance of Each The property owner/developer shall submit a Construction Fire Fire Department Building Permit Protection Plan to the Fire Department for review and approval detailing accessibility of emergency fire equipment, fire hydrant location, and any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall be operational with required fire flow. (3.9.1-7) Pdor to Approval of The water supply system shall be designed by the property Fire Department; Utilities Water Improvement Plans ownar/devaloper to provide sufficient fire ifow pressure and storage for Department, Water the proposed land use and fire protection in accordance with Fire Engineering Division Department requirements. (3.9.1-8) Timing Measure Responsible for MOnit0r~ng: CompletiOn ..., Prior to Approval of Each The property owner/developer shall submit plans to the Police Police Department Final Site Plan and Department for review and approval for the purpose of incorporating Issuance of Each safety measures in the project design including the concept of crime Building Permit. prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). (3.9.2-1) Prior to Issuance of Each The proparty owner/developer shall submit plans to the Police Police Department Building Permit for a Department for review and approval indicating the provision of closed Parking Structure circuit television monitoring and recording or other substitute security measures as may be approved by the Police Department. Said measures shall be implemented prior to final building and zoning inspections. (3.9.2-2) Ongoing During Project The proparty owner/developer shell provide private security on the Police Department Operation premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal act'nAty in the area. (3.9.2-3) Prior to Issuance of Each The project design shell include parking lots and parking structures Police Department Building Permit with controlled access points to limit ingress and egress if determined to be necessary by the Police Department, and shall be subject to the review and approval of the Police Department. (3.9.2-4) Anaheim Resort Specific Plan EIR 17 : : : : Measure Timing R~sponSibl~ for Uonito~: : Completior~ , Prior to Issuance of Each The property owner/developer shall submit project plans to the Maintenance Department Building Permit; to be Maintenance Department for review and approval to ensure that the Implemented Prior to plans comply with AB 939, the Solid Waste Reduction Act of t9&9, as Final Building and Zoning administered by the City of Anaheim and the County of Orange and Inspection City of Anaheim Integrated Waste Management Plans. Prior to final building and zoning inspection, implementation of said plan shall commence and shall remain in full effect. Waste management mitigation measures that shall be taken to reduce solid waste generation include, but are not limited to: a. Detailing the locations and design of on-site recycling facilities. b. Providing on-site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulations for hazardous material disposal. d. Participating in the City of Anaheim's "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/devaloper shall Implement numerous solid waste reduction programs, as required by the Maintenance Department, including, but not limited to: ·Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. · Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing. ·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. · Prohibiting curbside pick-up. (3.9.3-1) Ongoing During Project The following practices shall be im[)lemented, as feasible. by the Maintonance De[~'~rtment Operation property owner/developer: · Usage of recycled paper products for stationery, letterhead, and packaging. · Recovery of materials such as aluminum and cardboard. · Collection of office paper for recycling. · Collection of polystyrene (foam) cups for recycling. · Coitection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. (3.9.3-2) Pdor to Issuance of Each The property owner/devaloper shall provide proof of compliance with Planning Department, Building Building Permit Government Code Section 53080 (Schools). (3.9.5-1) Division; ACED; AUHSD Prior to issuance of Each The property owner/developer shall submit plans to the Utilities Utilities Department, Resource Building Permit; to be Department for review and approval which shall ensure that water Efficiency Division Implemented Pdor to conservation measures are incorporated. The water conservation Final Building and Zoning measures to be shown on the plans and implemented by the property Inspection; and, owner/developer, to the extent applieable, include, but are not limited Ongoing During Project to, the following: Operation · Use of low-flow sprinkler heads in irrigation systems. · Use of waterway recirculation systems. · Use of low-flow fittings, fixtures, and equipment, including low flush toilets and urinals. · Use of self-closing valves on drinking fountains. · Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. · Use of low-flow shower heads in hotels. · Use of water efficient ice-machines, dishwashers, clothes washers and other water-using appliances. · Use of irrigation systems primarily at night when evaporation rates are lowest. ·Provide information to the public in conspicuous places regarding water conservation. · Use of water-conserving landscape plant materials wherever feasible. (3.9.6-1) Tinling Measure Responsible for MonEorbig:: :: Prior to Approval of First The property owner,developer shall enter into an agreement recorded Utilities Department. Water Subdivision Map or against the property with the City of Anaheim. to the satisfaction of the Engineering; City Attorney's Issuance of First Grading Utilities Department and City Attomey's Office, to guarantee the Office Permit or Building PermE, property owner/developer's participation in water system improvements Whichever Occurs First necessitated by the project. The agreement shall contain provisions requiring the property owner/developer to pay or cause to be paid its fair sham 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's Rates, Rules, and Regulations. Costs shalt include the payment for consultant/contractor sewices for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection, and any other related expenses. FlJrther, the property owner/developer shall submit an engineering report and phasing plan for review and approval by the Utilities Department setting forth the extent and timing of the water system improvements necessitated by the project for use in implementing the agreement. The property owner/developer shall at all times perform its obligations as set forth in said agreement. Water system ~mprovements identified in the environmental documentation for buildoat of the Anaheim Resort, which the property owner/developer may be required to participate in, include: · The existing 8-inch diameter pipe in Clementine Street from Katella Avenue to Freedman Way shall be replaced by a 2g-inch diameter pipe. · The existing 10-inch diameter pipe in Freedman Way from Clementine Street to Harbor Boulevard shall be replaced by a 20- inch diameter pipe, · The existing 10-inch diameter pipe in Harbor Boulevard from Convention Way to Freedman Way shall be replaced by a 20-inch diameter pipe. ·The 12-inch pipe in Katella Avenue from Harbor Boulevard to Clementine Street shall be replaced by a 20-inch diameter pipe. · The existing 10-inch diameter pipe in Harbor Boulevard from Freedman Way to Harbor Boulevard north of Manchester Avenue shall be replaced by a 16-inch diameter pipe. ·An additional water well shell be constructed near the intersection of Clementine Street and Freedman Way. · The existing 14-inch and 12oinch diameter pipes in West Street from Katella Avenue to Ball Road shall be replaced by a 20-inch pipe. (3.9.6-2) Prior to Issuance of Each All water supply planning for the project will be closely coordinated Utilities Department, Water Building Permit with, and be subject to the review and final approve] of, the Utilities Engineering Division; Fire Department, Water Engineering Division and Fire Department. (3.9.6-3) Department Prior to Issuance of Each Water pressure greater than 80 pounds per square inch (psi) shall be Utilities Department, Water Building Permit reduced to 80 psi or less by means of pressure reducing valves Engineering Division installed at the property owner/developer's service. (3.9.6-4) Prior to Approval of a The property owner/developer shall participate in the City's Master Plan Public Works/Engineering Final Subdivision Map or of Sewers and related Infrastructure Improvements (Fee) Program to Department, Design Division Issuance of a Grading or assist in mitigating existing and future sewer system deficiencies as Building Permit, follows: Whichever Occurs First The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the development/redevelopment (1) does not discharge into a sewer system that is currently deficient or will become deficient because of that discharge and/or (2) does not increase flows or change points of discharge, then the property owner's/developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program. Anaheim Resor~ Specific Plan EIR ~' 21 Timing Measure Responsible for Mo~:: ::: b. If tho development/redovelopment (1) discharges into a sewer system that is cu~ently deficient or will become deficient because of that discharge, and/or (2) increases flows or changes points of discharge, then the property owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified in the South Central Ares Sewer Deficiency Study. The property owner/developer shall be required to install the sanitary sewer facilities, as recommended by the South Central Area Sewer Deficiency Study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the h~[[a~ructure Improvement (Fee) Program, as determined by the City Engineer, which could include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owners/developer shall submit a sanitary sewer system improvement phasing plan for the project to the City Engineer for review and approval which shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, Including support calculations; (3) construction phasing; and, (4) construction estimates. The study shall determine the impact of the project sewer flows for total buildout of the project and identify local deficiencies for each project component (i.e., esch hotel). (3.9.7-1) Prior to Approval of a The properly ow~er,,developer shall participate in the City's Master Plan Public Works/Engineering Final Subdivision Map, or of Storm Drains and related Infrastructure improvement (Fee) Program Department, Design Division Issuance of a Grading or to assist in mitigating existing and future storm drainage system Building Permit, deficiencies as follows: Whichever Occurs First The property owner/developer shall submit a report for review and approval by the City Engineer to assist with determining the following: a. If the specific development/redevelopment does not increase or redirect current or historic storm water quantities/flows, then the proparty owner's/developer's responsibility shall be limited to participation in the Infrastructure Improvement (Fee) Program to provide storm drainage facilities in 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency. b. If the specific development/redevelopment increases or redirects the current or historic storm water quantity/flow, then the properly owner/developer shall be required to guarantee mitigation to the satisfaction of the City Engineer and City Attorney's Office of the impact pdor to approval of a final subdivision map or Issuance of a grading or building permit, whichever occurs first, pursuant to the improvements identified In the Master Plan of Drainage for the South Central Area. The property owner/developer shall be required to install the storm dreinage facilities as recommended by the Master Plan of Drainage for the South Central Area to provide storm drainage facilities for 10- and 25-year storm frequencies and to protect properties/structures for a 100-year storm frequency pdor to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first. Additionally, the property owner/developer shall participate in the Infrastructure Improvement (Fee) Program as determined by the City Engineer which could include fees, credits, reimbursements, or a combination thereof. As pert of guaranteeing the mitigation of impacts on the storm drainage system, a storm drainage system improvement phasing plan for the project shall be submitted by the property owner/developer to the City Engineer for review and approval and shall contain, at a minimum, (1) a layout of the complete system; (2) all facility sizes, including support calculations; (3) construction phasing; and, (4) construction estimates. (3.9.8-1) Prior to Issuance of Each The property owner/developer shall submit plans showing that each Utilities Department, Resource Building Permit; to be structure will comply with the State Energy Efficiency Standards for Efficiency Division Implemented Pdor to Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Each Final Building and Regulations); and, will constilt with the City of ^naheim Utilities Zoning Inspection Department, Resource Efficiency Division in order to review above Title 24 measures to incorporate into the project design including energy efficient designs. (3.9.9-1) Prior to Final Building The property owner/developer shall implement energy-saving practices Utilities Department, Resoume and Zoning Inspection in compliance with Title 24, which may include the following: Efficiency Division · Use of high-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air vc~ume 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 salected floor or floors. · Use of electric motors designed to consewe energy. · Use of special lighting fixtures such as motion sensing lightswitch devices and compact fluorescent fixtures in place of incandescent lights. · Use of T8 lamps and electronic hallasts. Metal hallide or high- pressure sodium for outdoor lighting and parking lots. (3.9.9-2) Pdor to Issuance of Each The property owner/developer shall install an underground alectdcal Utilities Department, Electdcal Building Permit for Any service from the Public Utilities Distribution System. The Underground Engineering Division Building Requiring a Service will be installed in accordance with the Electdc Rules, Rates, Change in Electrical Regulations and Electdcel Specifications for Underground Systems. Service Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. (3.9.9~) Pdor to Installation of Any The property owner/developer shall submit evidence that the Utilities Department, Electrical Transformers transformers are PCB free. (3.9.9-4) Engineering Division Anaheim Resort Specific Plan EIR 24 Prior to Each Final The Southern California Gas Company has developed several programs Southern California Gas Building and Zoning which are intended to assist in the selection of the most energy-efficient Company; Planning Inspection water heaters and furnaces. The property owner/developer shall Department, Building Division implement a program, as required, to reduce the demand on natural gas supplies. (3.9.10-1) Within 6 Months After A study of area television reception shall be undertaken by the property Public Works/Engineering Completion of Building owner/developer and submitted to the City Engineer for review and Department, Development Exteriors of New approval. If the City of Anaheim determines that the proposed project Services Division Developments Over 75 creates a significaot impect on broadcast television reception at local Feet in Height residences and other existing hotels/restaurants or other businesses, a signal booster or relay system shall be installed by the property owner/developer immediately on the roof of the tallest project building to restore television reception to its original condition. In no event shall heights set forth in Section 18.04.035 of the Anaheim Municipal Code entitled, "Structural Height Limitations-Anaheim Commercial Recreation Area' be exceeded. (3.9.12-1) HAZARDOUS MATERIALS Prior to Approval of First The property owner/developer shall retain the services of a qualified Orange County Health Grading Plan or Issuance environmental professional to conduct an Investigation for known, or Department; Fire Department, of First Demolition the presence of, cryptic tanks, using geophysical methods. Environmental Protection Permit, Whichever Section Occurs First, in areas of Soil sampling or a soil organic vapor survey may be required if soil Former Service Stations, sampling results are not available, or indicate contamination is present in Areas Known or above regulatory guidelines. If wananted, subsurface Investigation and Thought to Have Been sampling shall be undertaken in these areas, and appropriate Previously Occupied by remedietion measures developed, if necessary, before demolition, USTs, and in Areas excavation, or grading takes place in these areas. (3.10-1) Where Tank Removal has Not Been Verified Prior to Excavation or Grading Prior to the Removal of The property owner/developer shall obtain a permit from {he Orange County Health USTs Environmental Protection Section of the Fire Department for the Department; Fire Department, removal of such tanks. During the removal of USTs, a representative Environmental Protection from the Environmental Protection Section of the Fire Department shall Section be onsite to direct soil sampling. (3.10-2) Anaheim Resort Specific Plan EIR 25 Timing Moas[,re Responsible for MonitOring::::::: :Cbmpietlon: i::: ;: ;; · ~ Ongoing During All remediation activities of sudace or subsurface contamination not Orange County Health ~ Remediation related to USTs, conducted on behalf of the property owner/developer, Department; Fire Department, shell be overseen by the Orange County Health Department. Environmental Protection :~ information on subsurface contamination from USTs shell be provided Section to the Fire Department. (3.10-3) Prior to Approval of First The property owner/developer shell submit a plan for review and Orange County Health Grading Plan or Issuance approval of the Fire Department which details procedures thet will be Department; Fire Department, of First Demolition taken if previously unknown USTs, or other unknown hazardous Environmental Protection Permit, Whichever material or waste, is discovered onsite. (3.10-4) Section Occurs First Prior to Approval of First For future developments within the Anaheim Resort Specific Plan area Fire Department, Grading Plan or affecting the California Chemical Company, 1772 S. Haster Street; Arco Environmental Protection Demolition Permit, Service Station, 1037 W. Ball Road; Avis Rent-a-Car System, 1400 S. Section Whichever Occurs First Harbor Blvd.; Mobile Service Station, 1800 S. Harbor Blvd.; Shell Service Station, 2100 S. Harbor Blvd; Texaco Service Station, 100 W. Kateila Avenue; and Mobil Service Station, 100 E. Katella Way, a qualified environmental professional, retained by the property owner/developer, shall attempt to contact the current and/or known former property/business owners to obtain Information regarding the status of USTs and/or tank closures at these sites. If warranted, subsurface investigation and sampling shell he undertaken by a qualified environmental professional, and results of these analyses shell be submitted to the Fire Department for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. (3.10-5) Prior to Approval of First Several representative samples of shallow soils shell be collected and Orange County Health Grading Plan or Issuance analyzed by a qualified environmental professional for the proparty Department; Fire Department, of an Excavation Permit, owner/developer for pesticide and herbicide residue. If soils Environmental Protection Whichever Occurs First containing pesticides or herbicides above regulated limits are found, Section; Orange County on the 56-Acre Parcel remedial actions shell be carried out before any disturbance to the soils Agriculture Department Located in the Southeast occurs. Remedial actions should consist of removal and disposal or Portion of the Anaheim treatment of affected soils according to all applicable local, state, and Resort Specific Plan Area federal regulations· (3.10-6) Anaheim Resort Specific Plan EIR 26 Ongoing During Proiect Irl the event theft hazardous waste. including asbestos. is discovered Orange County Health Demolition and during site preparation or construction, the property owner/developer Department; Fire Department, Construction shell ensure that the identified hazardous waste and/or hazardous Environmental Protection materiaJ are handled and disposed of in the manner specified by the Section State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. (3.10-7) VISUAL RESOURCES AND AESTHETICS Prior to Issuance Of Each The property owner/developer shall submit plans which illustrate that Planning Department, Building Permit all mechanical equipment and trash areas for the subject building(s) will Planning Division be screened from adjacent public streets and adjacent residential areas. Screening shall be installed pdor to final building and zoning inspection. (3.11-I) Prior to Issuance of Each The property owner/developer shall submit a landscape and irrigation Planning Department, Zoning Building Permit plan which shell be prepared and certified by a licensed landscape Division; Utilities Department, architect. The landscape plan shall include a phasing plan for the Resource Efficiency Division Installation and maintenance of landscaping associated with that building permit and shall be in conformance with the Water Efficiency Landscape Ordinance. The irrigation plan shell specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do not exceed the infiltration Of local soils, that the application Of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that sun'ace runoff and overwatering is minimized. The landscape and irrigation plans shall 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, once a system is available. (3.11-2) Anaheim Resort Specific Plan EIR 27 Prior to Submittal of Each The property owner/developer shall submit a shade and shadow Planning Department, Final Site Plan analysis to the Planning Department for review and approval Planning Division 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 pools, and residential front and hack yards) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and/or shadow impacts would occur and the building sethack, architectural massing and landscape requirement 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. (3.11-3) Prior to the Final Building The property owner/developer shall perticipate in an assessment City AttorneY's Office and Zoning Inspection or district for landscape installation and maintenanca if one is established Whenever Established; for the Anaheim Resort. (3.11-4) and, on an Ongoing Basis Pdor to Issuance of Each The property owner/developer shall submit plans which detail the Planning Department, Building Permit lighting system for any parking facilities adjacent to residential or light- Planning DMsion sensitive uses. The systems shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a letter from the engineer stating that, in the opinion of the engineer, this requirement has been met. (3.11-5) Timing Measure Responsible lot Mo ~ormg:: CULTURAL RESOURCES Prior to Approval of Each The property owner/developer shall submit a letter identifying the Public Works/Engineering Grading Plan certified archaeologist that has been hired to ensure that the following Department, Development actions are implemented: Services Division; Planning a. The archaeologist must be present at the pregrading conference in Department, Planning Division order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any archaeological work at the site shall be conducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grading, the archaeologist shall notify the City as to when the final report will be submitted. (3.12-1) Timing Measure Responsible for Prior to Approval of Each The property ownor..'developer shall slJ[)mit a Istler identllying the Public Works..'Enginearing Grading Plan certified paleontologist that has been hired to ensure that the following Department, Development actions are implemented: Services Division; Planning a. The paleontologist must be present at the pregrading conference Department, Planning Division in order to establish procedures to temporarily halt or redirect work to permE 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 dudng the grading process will be donated to an appropriate educational or research institution. c. Any paleontologlcal work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor Is not present, grading shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final report will be submitted. (3.12-2) ENERGY Prior to Issuance of Each The property owner/developer shall demonstrate on plans that fuel- Planning Department, Building Building Permit efficient models of gas-powered building equipment have been Division incorporated into the project, to the extent feasible. (3.13-1) mitmon.tbl