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RES-2012-158 RESOLUTION NO. 2012 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CERTIFYING FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 2008 -00340 AND ADOPTING FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, MITIGATION MONITORING PROGRAM 85C, AND A WATER SUPPLY ASSESSMENT (MIS2008- 00284) FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN PROJECT AND REQUIRED AND RELATED DISCRETIONARY ACTIONS. (DEV2010- 00044) WHEREAS, the Anaheim Resort Specific Plan area includes 581 gross acres of the 1,078 -acre Anaheim Resort, located generally west of Interstate 5, south of Vermont Avenue, east of Walnut Street and north of Chapman Avenue; and, WHEREAS, in 1989, the City of Anaheim initiated the Commercial Recreation Area Enhancement Program and Transportation/Land Use Strategy Plan. The goal of the City's efforts was to address the need for visual enhancement and infrastructure improvements in the Commercial Recreation Area. Specifically, the Commercial Recreation Area Enhancement Program's goal was to comprehensively address signage, landscaping, and other land use and site development issues. The Transportation/Land Use Strategy's goal was to assess existing and future transportation conditions and recommend improvements commensurate with land use intensification projections over the next 20 years. In 1990, in connection with these studies, the City Council adopted a revised C -R Zoning Ordinance and established Design Guidelines for the area; and, WHEREAS, the Commercial Recreation Area has been renamed The Anaheim Resort and encompasses approximately 1,078 acres designated on the Anaheim General Plan Land Use Plan for Commercial Recreation land uses; and, WHEREAS, in 1993, the Anaheim City Council ( "City Council ") approved The Disneyland Resort Specific Plan and EIR, a proposal for approximately 489.7 acres in The Anaheim Resort to develop an international multi -day resort including a second theme park, hotel rooms, internal transportation systems, public parking facilities, administrative offices and ongoing modification of the existing Disneyland theme park. In 1994, the City Council subsequently approved the Hotel Circle Specific Plan to provide for the development of up to 969 hotel rooms on approximately 6.8 acres in the Anaheim Resort; and, WHEREAS, in order to provide a long range comprehensive plan for future development for the remaining properties in The Anaheim Resort and to further implement the goals of the above -noted studies, City staff began work in 1991 on the Anaheim Resort Specific Plan and Master Environmental Impact Report ( "MEIR No. 313 "); and, WHEREAS, on September 20, 1994, the City Council adopted the Anaheim Resort Specific Plan to provide a long -range comprehensive plan for future development of approximately 549.5 acres surrounding The Disneyland Resort and Hotel Circle. The Anaheim Resort Specific Plan includes zoning and development standards, design guidelines, a streetscape program, and a public facilities plan, intended to maximize the area's potential, guide future development, and ensure a balance between growth and infrastructure. The Anaheim Resort Specific Plan permits the development of hotel, convention, retail, and other visitor - serving uses as well as the infrastructure improvements that are needed to support future development; and, WHEREAS, on September 27, 1994, the City Council adopted Ordinance No. 5453, codifying the Zoning and Development Standards for the Anaheim Resort Specific Plan into the Anaheim Municipal Code and Ordinance No. 5454 rezoning properties into the Anaheim Resort Specific Plan (SP 92 -2) Zone. Conditions of approval were applied to these rezonings; and, WHEREAS, since the adoption of the Anaheim Resort Specific Plan, proposed modifications to the specific plan have included 13 amendments and 6 adjustments, which have expanded the total acreage of the Anaheim Resort Specific Plan area to 581.3 acres; and, WHEREAS, in conjunction with the approval of the Anaheim Resort Specific Plan, the City Council also adopted The Anaheim Resort Identity and Public Realm Landscape Programs. The Anaheim Resort Identity Program contains specific recommendations for the location and design of gateways, directional signs, banners, light fixtures, and street furniture for The Anaheim Resort. This program has been amended once since its approval. The Anaheim Resort Public Realm Landscape Program summarizes landscape concepts proposed for the public streets within The Anaheim Resort and provides a general overview of the different landscape treatments that will help create a unifying resort identity. This program has been amended four times since its approval; and, WHEREAS, in support of the adoption of the Anaheim Resort Specific Plan and The Anaheim Resort Identity and Public Realm Landscape Programs, City Council certified MEIR No. 313. Since being certified in 1994, two validation reports have been prepared (1999 and 2004) to evaluate the continued relevance and accuracy of MEIR No. 313; and, WHEREAS, in June 2008, the City Council approved a contract with BonTerra Consulting to prepare Supplemental Environmental Impact Report No. 2008 -00340 ( "EIR No. 2008- 00340 ") to reevaluate all of the environmental changes that had occurred in and around the Anaheim Resort Specific Plan area since its adoption in 1994. In August 2008, the City Council authorized exclusive negotiations with Sonnenblick Del Rio Development relating to a development project at the Anaheim Convention Center. In order to analyze the environmental impacts of that development project, in October 2008, City Council approved an amendment to the agreement with BonTerra Consulting to include that development project in the analysis for EIR No. 2008 - 00340; and, WHEREAS, the Proposed Project, identified as Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010 - 00060), would allow the maximum build -out of the Anaheim Resort Specific Plan to increase by up to 406,359 square -2- feet of convention center space; 180,000 square feet of commercial development; 900 hotel rooms; and, 40,000 square feet of hotel meeting/ballroom space. The Proposed Project necessitates the amendment of the following documents that govern and regulate development within the Anaheim Resort Specific Plan area: Anaheim General Plan, Anaheim Resort Specific Plan, Title 18 (Zoning) of the Anaheim Municipal Code, Ordinance No. 5454, and The Anaheim Resort Identity and Public Realm Landscape Programs. Accordingly, Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010 - 00060) is proposed in conjunction with General Plan Amendment No. 2010 - 00482, Zoning Code Amendment No. 2010 - 00093, Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010 - 00478), Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010 - 00479), Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010- 00484), and a Water Supply Assessment (Miscellaneous Case No. 2010- 00421) (collectively referred to herein as the "Entitlements "); and, WHEREAS, these Entitlements are intended to streamline development standards, guidelines and requirements to reduce redundancy within and between these documents and update the documents to reflect current conditions within The Anaheim Resort. The proposed Entitlements do not change the types of land uses permitted within the Anaheim Resort Specific Plan area or significantly modify the associated development standards; and, WHEREAS, the City is the "lead agency ", as defined in the California Environmental Quality Act of 1970, as amended ( "CEQA "), and the State of California Guidelines for Implementation of the California Environmental Quality Act ( "CEQA Guidelines "), for the preparation and consideration of environmental documents for the Proposed Project, including the Entitlements; and, WHEREAS, a Notice of Preparation ( "NOP ") for Draft EIR No. 2008 -00340 and the Proposed Project's Initial Study were distributed to the public on February 11, 2009. The public review period for the Initial Study ended on March 13, 2009. The City held a public scoping meeting on February 25, 2009 to provide members of the public with an opportunity to learn about the Proposed Project, ask questions and provide comments about the scope and content of the information to be addressed in Draft EIR No. 2008 - 00340; and, WHEREAS, Draft EIR No. 2008 -00340 was made available for a 45 -day public review period from September 14, 2012 through October 29, 2012. The Notice of Availability ( "NOA "), which also included noticing for a public hearing before the Planning Commission of the City of Anaheim (hereinafter referred to as "Planning Commission ") and a tentative date for a subsequent public hearing before the City Council, was sent to a list of interested persons, agencies and organizations, as well as property owners in the Anaheim Resort Specific Plan area and within a 300 -foot radius of the Anaheim Resort Specific Plan area. The Notice of Completion ( "NOC ") was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk- Recorder's office on September 14, 2012. Copies of Draft EIR No. 2008 -00340 were made available for public review at the City of Anaheim Planning Department and at the Anaheim Central Library. Draft EIR No. 2008 -00340 was also made available for download via the City's website; and, -3- WHEREAS, in accordance with Water Code Section 10910, Draft EIR No. 2008- 00340 includes a Water Supply Assessment, dated November 2009, supplemented with a Water Facilities Assessment, dated November 4, 2009, a Water Demand and Regional Supply Update Memo, dated November 29, 2010, a memo dated July 21, 2011, that documents the consistency of the conclusions regarding water supply reliability presented in the aforementioned documents, and Anaheim's 2010 Urban Water Management Plan adopted by the City Council in June 2011 (collectively referred to herein as the "Water Supply Analysis "); and, WHEREAS, on November 5, 2012, the Planning Commission did hold a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence and testimony concerning the contents and sufficiency of Draft EIR No. 2008- 00340 and for and against the Proposed Project, including the Entitlements, and to investigate and make findings in connection therewith; and, WHEREAS, at said public hearing, the Planning Commission did receive evidence and reports, including all written and verbal comments received during the 45 -day public review period, concerning the contents and sufficiency of Draft EIR No. 2008 -00340 and did adopt its Resolution No. PC2012 -080 containing a report of its findings, a summary of the evidence presented at said hearing, and recommending that the City Council (a) certify Final EIR No. 2008 - 00340, (b) approve and adopt the Water Supply Analysis, (c) determine that Final EIR No. 2008 -00340 fully complies with CEQA and the CEQA Guidelines, and is adequate to serve as the environmental documentation for the Proposed Project, and (d) adopt Findings and a Statement of Overriding Considerations and Mitigation Monitoring Program 85C for the Proposed Project, including the Entitlements; and, WHEREAS, the City has evaluated the comments received from public agencies and persons who reviewed Draft EIR No. 2008 -00340 and has prepared responses to the comments received during the public review period; and, WHEREAS, in conformance with the requirements of CEQA and the CEQA Guidelines, the City has prepared, or caused to be prepared, (a) Findings and a Statement of Overriding Considerations relating to Draft EIR No. 2008 - 00340, which is attached hereto as Exhibit A and incorporated herein by this reference as though set forth in full, and (b) Mitigation Monitoring Program No. 85C, which is attached hereto as Exhibit B and incorporated herein by this reference as though set forth in full; and, WHEREAS, in conformance with Sections 15132 and 15362(b) of the CEQA Guidelines, Final Supplemental Environmental Impact Report No. 2008 -00340 ( "Final EIR No. 2008 - 00340 ") consists of Draft EIR No. 2008 -00340 (including the Water Supply Analysis); comments and recommendations received on Draft SEIR No. 2008 -00340 (either verbatim or in summary); a list of persons, organizations and public agencies that submitted comments on Draft EIR No. 2008 - 00340; the responses of the City, as lead agency, to significant points raised in the review and consultation process; and, -4- WHEREAS, upon receipt of said Resolution No. PC2012 -080, summary of evidence, report of findings and recommendations of the Planning Commission, the City Council did fix the 18th day of December, 2012, as the time, and the City Council Chamber in the Civic Center, as the place, for a public hearing on the Proposed Project, including the Entitlements, and for the purpose of considering Final EIR No. 2008 - 00340, and did give notice thereof in the manner and as provided by law; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments (if any) of all persons desiring to be heard, the City Council considered all factors relating to the Proposed Project, including potential environmental impacts addressed in Final EIR No. 2008 - 00340, the recommendations of the Planning Commission, the Findings and Statement of Overriding Considerations, and Mitigation Monitoring Program No. 85C; and, WHEREAS, to the extent authorized by law, the City desires and intends to use Final EIR No. 2008 -00340 as the environmental documentation required by CEQA and the CEQA Guidelines for the Proposed Project, including the Entitlements; and, WHEREAS, this City Council has reviewed the Water Supply Analysis for the Proposed Project and finds and determines that there will be a sufficient water supply, now and into the future, for the Proposed Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Final EIR No. 2008 -00340 prepared for the Proposed Project, which consists of (a) Amendment No. 14 to the Anaheim Resort Specific Plan (Specific Plan Amendment No. 2010 - 00060), (b) an amendment to the Anaheim General Plan (General Plan Amendment No. 2010 - 00482), (c) Zoning Code Amendment No. 2010- 00093, (d) Amendment to Ordinance No. 5454 (Miscellaneous Case No. 2010 - 00484), (e) Amendment No. 2 to the Anaheim Resort Identity Program (Miscellaneous Case No. 2010 - 00478), (f) Amendment No. 5 to The Anaheim Resort Public Realm Landscape Program (Miscellaneous Case No. 2010- 00479), and (g) a Water Supply Assessment (Miscellaneous Case No. 2010- 00421), has been completed in compliance with the requirements of CEQA and all applicable CEQA Guidelines; and 2. The City Council has carefully reviewed and considered the information contained in Final EIR No. 2008 -00340 prior to acting upon the Proposed Project, including the Entitlements; and 3. Final EIR No. 2008 -00340 reflects the independent judgment and analysis of the City Council and the City of Anaheim; and 4. Based on the information contained in Final EIR No. 2008 - 00340, the City Council finds that Final EIR No. 2008 -00340 provides an adequate assessment of the potentially significant environmental impacts of the Proposed Project and required and related discretionary actions. BE IF FURTHER RESOLVED that the City Council hereby approves and adopts the Water Supply Analysis. -5- BE IT FURTHER RESOLVED that the City Council hereby adopts the Findings and the Statement of Overriding Considerations, which is attached hereto as Exhibit A, which documents and supports the conclusion that even with the implementation of all feasible mitigation measures recommended in Final EIR No. 2008 - 00340, it is infeasible to reduce certain impacts of the Proposed Project to a level of insignificance, and which further sets forth the overriding benefits of the Proposed Project, which outweigh the unavoidable environmental impacts of the Proposed Project. Accordingly, the City Council finds and determines that the Proposed Project's benefits outweigh the adverse impacts. BE IT FURTHER RESOLVED that the City Council hereby adopts the Mitigation Monitoring Program 85C, which is attached hereto as Exhibit B, as the mitigation - monitoring program for the Proposed Project, including the Entitlements; and BE IT FURTHER RESOLVED, based on all of the foregoing, the City Council hereby certifies Final EIR No. 2008 - 00340. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1 8th day of December , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Brandman, Eastman, Kring and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: A ��1i_• CITY CLERK OF T CITY • ANAHEIM 92738 -6- EXHIBIT "A" FINDINGS AND THE STATEMENT OF OVERRIDING CONSIDERATIONS [Behind this sheet.] FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR AMENDMENT NO. 14 TO THE ANAHEIM RESORT SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT NO. 340, ANAHEIM, ORANGE COUNTY, CALIFORNIA STATE CLEARINGHOUSE NO. 91091062 DEV2010 -00044 1. INTRODUCTION The California Environmental Quality Act, Public Resources Code Section 21081, and the CEQA Guidelines, 14 California Code of Regulations, Section 15091 (collectively, CEQA) require that a public agency consider the environmental impacts of a project before a project is approved and make specific findings. The CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. 1 (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. CEQA Guidelines Section 15093 further provides: (a) CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. Having received, reviewed and considered the Draft Supplemental Environmental Impact Report (Draft SEIR) and the Final Supplemental Environmental Impact Report (Final SEIR) for Amendment No. 14 to the Anaheim Resort Specific Plan, SCH No. 91091062 (collectively, the SEIR), as well as all other information in the record of proceedings on this matter, the following Findings and Statement of Overriding Considerations (SOC) are hereby adopted by the City of Anaheim (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the Project. These actions include the approval of the following: • Amendment No.14 to the Anaheim Resort Specific Plan Final Environmental Impact Report (SCH No. 91091062). • Amendment No.14 to the Anaheim Resort Specific Plan Project These actions are collectively referred to herein as the Project. A. Document Format These Findings have been organized into the following sections: (1) Section 1 provides an introduction to these Findings. (2) Section 2 provides a summary of the Project, and overview of the discretionary actions required for approval of the Project, and a statement of the Project's objectives. 2 (3) Section 3 provides a summary of the CEQA process for the Project, including the public participation, and summarizes the documents and other evidence that comprise the Record of Proceedings for the Proposed Project. (4) Section 4 sets forth findings regarding significant or potentially significant environmental impacts identified in the SEIR which the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of Standard Requirements and/or Mitigation Measures. In order to ensure compliance and implementation, all of these measures will be included in the Mitigation Monitoring Program (MMP) for the Project and adopted as conditions of the Project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to Standard Requirements, and/or Mitigation Measures, these findings specify how those impacts were reduced to an acceptable level. Section 4 also includes findings regarding any significant or potentially significant environmental impacts identified in the SEIR which will or which may result from the Project and which the City has determined cannot feasibly be mitigated to a less than significant level, and therefore remain a significant and unavoidable impact. (5) Section 5 sets forth findings regarding alternatives to the Proposed Project. (6) Section 6 consists of a Statement of Overriding Considerations which sets forth the City's reasons for finding that specific economic, legal, social, technological, and other benefits, including region -wide or statewide environmental benefits, of the Project outweigh the Project's potential unavoidable environmental effects. B. Custodian and Location of Records The documents and other materials which constitute the administrative record for the City's actions related to the Project are located at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, California 92805. The City of Anaheim is the custodian of the Administrative Record for the Project. 3 2. PROJECT SUMMARY A. Project Location The Anaheim Resort Specific Plan (ARSP) area encompasses 581.3 gross acres and is located in the City of Anaheim, 35 miles southeast of downtown Los Angeles and 7 miles northwest of Santa Ana, in Central Orange County. The ARSP area is located generally west of the Interstate (I) 5 corridor, south of Vermont Avenue, east of Walnut Street, and north of Chapman Avenue. The Anaheim Convention Center is located within the ARSP area, south of Katella Avenue between West Street and Hotel Way. B. Project Description The Proposed Project involves (1) the build out of the ARSP, as defined in Master Environmental Impact Report No. 313 (MEIR 313) and subsequent amendments and adjustments to date and (2) the expansion of the Anaheim Convention Center. Development in Accordance with the ARSP The ARSP area is divided into two Development Areas: Area 1 and Area 2. Development Area 1 is also known as the Commercial- Recreation (C -R) District and encompasses approximately 518.5 acres. Development Area 2 is also known as the Public Recreational (PR) District and encompassed 62.8 acres. Existing, permitted, and proposed development in these two areas is shown in Table 1 -1. Table 1 -1 Existing, Permitted and Proposed Development District t , retstitte4 Proposed Development C -R District • 11,587 hotel rooms* • 32,500 hotel rooms • 32,500 hotel rooms P -R District • 1,600 hotel rooms • 1,600 hotel rooms • 2,500 hotel rooms • 1,712,004 sf convention • 1,712,004 sf convention • 2,118,363 sf convention center center center • 119,414 sf future traffic • 180,000 sf commercial generating uses development • 100,000 sf outdoor • 40,000 sf of additional programmable space hotel meeting and ballroom space • 100,000 sf outdoor programmable space * Commercial uses are converted to hotel room equivalents on a ratio of 600 square feet of commercial development = 1 hotel room 4 The ARSP permits up to 32,500 hotel rooms within the C -R District. There are 11,587 hotel rooms or hotel room equivalents' that are currently developed within the ARSP area. For impact analysis, commercial uses are converted to hotel room equivalents on a ratio of 600 square feet of commercial development to one hotel room. The Proposed Project does not include any changes to allowable number of hotel rooms in the C -R District. The PR District includes the 1,712,004 square foot (sf) Anaheim Convention Center (Convention Center) and the 1,600 -room Anaheim Hilton Hotel. In addition, 219,414 sf of future traffic- generating development was environmentally cleared within the PR District through the certification of MEIR 313. Of this development potential, 100,000 sf has been allocated toward outdoor programmable space for the Anaheim Convention Center Grand Plaza Project. The Proposed Project includes a further expansion of the Anaheim Convention Center, with the following components: • 406,359 sf of additional convention center space (including exhibit halls, ballrooms, flexible meeting space, office and meeting rooms, and an interior bridge /skyway) and • 180,000 sf of commercial space (including, but not limited to, retail stores, spa facilities, bars and nightclubs, and restaurants). • 900 additional hotel rooms, and • A maximum of 40,000 sf of additional hotel meeting and ballroom space. C. Discretionary Actions Implementation of the Project would require several actions by the City, including • Amendment No.14 to the Anaheim Resort Specific Plan Final Environmental Impact Report (SCH No. 91091062). The Project requires the certification of the environmental document as having been prepared in compliance with the CEQA Statutes and the CEQA Guidelines. By doing this, the City is certifying that the information from the Final SEIR was considered in the final decisions on the Project. • The Proposed Project requires a Water Quality Assessment (Case No. MIS2010- 00421) and amendments to the following documents that govern and regulate development within the ARSP area: o Anaheim General Plan (Case No. GPA2010- 00482) o Anaheim Resort Specific Plan (Case No. SPN2010- 00060) o Title 18 (Zoning Code) of the Anaheim Municipal Code (Case No. ZCA2010- 00093) A hotel room equivalent is a defined area of a specific land use type that has been determined to result in environmental effects (such as traffic generation) that are roughly equivalent to a single hotel room. The use of hotel room equivalents allow for the development of other allowed land uses in an area that the maximum allowable density is defined in terms of hotel rooms. 5 o The Anaheim Resort Identity Program (Case No. MIS2010- 00478) o The Anaheim Resort Public Realm Landscape Program (Case No. MIS2010- 00479) o Ordinance No. 5454 Conditions of Approval (Case No. MIS2010- 00484) In addition to the discretionary actions listed above, subsequent approvals by the City of Anaheim may include: • Subdivision Maps, • Final Site Plans, • Building Permits, • Conditional Use Permits, and/or • Other entitlement action(s) associated with future development proposals in the ARSP area. The Final SEIR would also provide environmental information to responsible agencies, trustee agencies, and other public agencies that may be required to grant approvals and permits or coordinate with the City of Anaheim as a part of Project implementation. These agencies include, but are not limited to, those listed below. bistretioaary A ry cd Air quality conditions in the South Coast Air Ba South Coast Air Quality Management (SoCAB) are under the jurisdiction of the South Cc District Air Quality Management District (SCAQMD), regional agency that regulates air emissions through the SoCAB. The Regional Water Quality Control Board (RWQC Regional Water Quality Control Board administers the National Pollutant Discha Elimination System (NPDES) storm water permitt program. Wastewater is collected by City of Anaheim collec Orange County Sanitation District facilities and conveyed to trunk sewers owned maintained by the Orange County Sanitation Dist (OCSD). Freeways and associated on- and off -ramps owned maintained by Caltrans are anticipated to be impac California Department of Transportation by the Proposed Project. Recommended improveme (Caltrans, District 12) at the Orangewood Avenue and SR -57 Southboi Ramps intersection would be within Caltrans right way. 6 Agency Discretionary Approval Required The Proposed Project results in cumulative impacts three intersections that are either located within the C of Orange or are shared intersections between Oral and Anaheim including: o State College Boulevard at Orangewood Avenue o State College Boulevard at The City City of Orange Drive /Chapman Avenue o Orangewood Avenue at SR -57 Southbound Ramps The City of Orange would be responsible implementation of recommended improvements at th intersections. D. Statement of Project Objectives Section 15124(b) of the CEQA Guidelines requires a statement of objectives sought by the Proposed Project to help the lead agency develop a reasonable range of alternatives to evaluate in the SEIR and to aid the decision makers in preparing Findings and a Statement of Overriding Considerations. The statement of objectives should include the underlying purpose of the project. Compatibility with project objectives is one of the criteria used in selecting and evaluating a reasonable range of project alternatives, so clear project objectives simplify the selection process by providing a standard against which to measure project alternatives. The City of Anaheim established development and community objectives relative to the Project as proposed in MEIR 313. The objectives were intended to set the framework and criteria in which the pattern of growth for the Anaheim Resort Specific Plan area was envisioned. The following General Plan policies were identified in MEIR 313 as being "especially relevant to development of the Anaheim Resort Specific Plan". These policies continue to apply to the currently Proposed Project: • Maintain and encourage Anaheim's position as a nationally recognized tourist, convention, and recreation center. • Increase sales tax yields and further enhance the economic base of the community, thereby lessening the tax burden on real property. • Encourage the development of quality facilities which complement conventions, family entertainment, and recreation within appropriate areas of the community. • Maintain the integrity of the Commercial- Recreation (C -R) and Public Recreation (PR) Districts by permitting only compatible land uses within these designated areas. • Foster the growth of the City's economic potential by revitalizing The Anaheim Resort. • Treat all landowners and users in The Anaheim Resort area fairly, while recognizing the economic and social needs of the entire City. • Ensure that development complements the City's investment in the Anaheim Convention Center and other area resources and interests. 7 • Maintain and enhance existing recreation and convention- oriented land uses. • Protect adjacent residential land uses by buffering them from land use impacts associated with development of The Anaheim Resort. • Maintain or enhance traffic and circulation in and around The Anaheim Resort. • Provide convenient access to all hotel, restaurant, and retail opportunities in The Anaheim Resort to enhance the areawide tourist experience. • Protect adjacent residential neighborhoods from unnecessary intrusion by vehicles traveling to and from The Anaheim Resort. • Accommodate potential future regional transportation networks into the Plan. • Provide for necessary public infrastructure and services to maximize the development potential of The Anaheim Resort. • Create a coherent, unique resort identity that reinforces the image of The Anaheim Resort as a high - quality destination resort. • Establish a high- quality pedestrian environment. • Improve the aesthetic character of The Anaheim Resort by visually defining the boundaries with appropriate landscape treatments. 8 3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The Final SEIR includes the Draft Supplemental Environmental Impact Report (Draft SEIR) dated September 2012, written comments on the Draft SEIR that were received during the 45 -day public review period, and written responses to those comments and clarifications /changes to the SEIR. In conformance with CEQA and the CEQA Guidelines, the City conducted an extensive environmental review of Amendment No. 14 to the Anaheim Resort Specific Plan: • The City conducted an Initial Study (IS) of the Proposed Project and determined that a Supplemental EIR was required to evaluate the potentially significant environmental effects of the Proposed Project and its related actions. The IS described the purpose of the Supplemental EIR and the proposed development within the Convention Center. The City distributed the IS along with a Notice of Preparation (NOP) of a SEIR to responsible and interested agencies, including surrounding cities, and provided a notice of its availability to adjacent property owners and other interested parties in order to solicit comments and inform the public of the Proposed Project. The NOP /IS was distributed on February 11, 2009, for a 30 -day review period as required by CEQA. • The City held one public scoping meeting on February 25, 2009, to provide the public with a forum to identify any additional environmental issues to be evaluated in the SEIR which were not previously identified in the IS. Attendees were provided an opportunity to identify verbally or in writing the issues they felt should be addressed in this SEIR. The scoping meeting was attended by two members of the public, one of whom noted that potential traffic impacts should be taken into consideration. • The City prepared a Draft SEIR, which was made available for a 45 -day public review period (September 14, 2012 through October 29, 2012). The Notice of Availability (NOA), which included the Notice of Planning Commission and City Council public hearings, was sent to a list of interested persons, agencies and organizations, as well as surrounding property owners. The Notice of Completion (NOC) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk- Recorder's office on September 14, 2012. Copies of the Draft SEIR were made available for public review at the City of Anaheim Planning Department and at the Anaheim Central Library. The Draft SEIR was also available for download via the City's website. • The City prepared a Final EIR, which included the comments and Responses to Comments on the Draft SEIR. The Final EIR/Response to Comments contained: comments on the Draft SEIR, responses to those comments, clarifications /revisions to the Draft SEIR, and appended documents. The Final EIR Responses to Comments was released on December 7, 2012. In compliance with Section 15088(b) of Title 14 of the California Code of Regulations (CEQA Guidelines), the City has met its obligation to provide written Responses to Comments to public agencies at least 10 days prior to certifying an EIR. • A Planning Commission public hearing was held on November 5, 2012. • A City Council public hearing was held on December 18, 2012. For purposes of CEQA and these Findings, the Record of Proceedings for the Proposed Project consists of the following documents and other evidence, at a minimum: • The City's General Plan, as amended, and all environmental documents relating thereto; • NOP and all other public notices issued by the City in conjunction with the Proposed Project; 9 • The materials presented at the Scoping Meeting held during the 30 -day NOP period; • The Final SEIR including the Draft SEIR and all appendices, the Responses to Comments document, and all supporting materials referenced therein. All documents, studies, EIRs, or other materials incorporated by reference in the Draft SEIR and Final SEIR. The reports and technical memoranda included or referenced in the Response to Comments of the Final SEIR; • All written comments submitted by agencies and members of the public during the 45 -day public review comment period on the Draft SEIR and included in the Final SEIR Responses to Comments document; • Planning Commission public hearing on November 5, 2012. • City Council public hearing on December 8, 2012 • All final City Staff Reports relating to the Draft SEIR, Final SEIR, and the Project; • All other public reports, documents, studies, memoranda, maps or other planning documents relating to the Project, the Draft SEIR, and the Final SEIR prepared by the City, consultants to the City, and/or responsible or trustee agencies. • The Mitigation Monitoring Program (MMP) adopted by the City for the Project; the resolutions adopted by the City in connection with the Proposed Project, and all documents incorporated by reference therein; • These Findings of Fact and Statement of Overriding Considerations adopted by the City for the Project. Any documents expressly cited in these Findings of Fact and Statement of Overriding Consideration; and • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Anaheim Planning Department. The custodian for these documents is the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Suite 162, Anaheim, California 92805. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). • 10 4. FINDINGS REGARDING ENVIRONMENTAL IMPACTS Findings Concerning Impacts That Were Found To Be Not Significant In evaluating the potential impacts associated with the Project, the Final SEIR identified potential impacts that would not be significant. This section identifies those impacts that may occur with Project implementation but were found to be below the threshold of significant. Findings are not required for impacts found to be less than significant, and that therefore do not require mitigation. Nevertheless, the following information is provided in order to summarize the basis for determinations of non - significance for various potential impacts, as presented in the Draft SEIR. Although impacts determined to be not significant do not themselves require mitigation, in some cases those mitigation measures that have been required to address other impacts found to be potentially significant and in need of mitigation will also further reduce the non - significant impacts. In these cases, the mitigation measures are noted, although the impacts would be insignificant even without such measures. Impacts Related To Aesthetics Potential Impact. The Project would have a substantial adverse effect on a scenic vista. The Project would substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway or local scenic roadway. Finding: The City hereby determines that there is No Impact and no mitigation is required. Facts in Support of Finding: The ARSP area does not contain any designated scenic resources, nor are any scenic vistas visible from the ARSP area. No impact related to scenic vistas or scenic highways would occur. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. Impacts Related to Air Quality Potential Finding. The Project would create objectionable odors affecting a substantial number of people. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: The Proposed Project would not allow odor - producing land uses such as landfills, wastewater treatment plants, composting, agriculture, chemical plants, and dairies. Odors associated with construction equipment and activities would not be unfamiliar or necessarily objectionable and would be temporary and dissipate rapidly from the source with an increase in distance. Odor impacts would be less than significant. MEIR 313 did not evaluate impacts related to odors; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. 11 Impacts Related to Biological Resources Potential Finding. The Project would interfere substantially with the movement of any native resident or migratory fish or wildlife species or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: The ARSP area does not function as a migratory corridor or a native wildlife nursery site; therefore, no impacts would occur. MEIR 313 did not evaluate impacts related to migratory corridors or native wildlife nursery sites; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. Impacts Related to Cultural Resources Potential Impact. The Project would disturb any human remains, including those interred outside of formal cemeteries. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: There are no cemeteries or identified human remains, including those interred outside of formal cemeteries, known to be located within the ARSP area. Grading and construction activities associated with build out of the ARSP could impact previously unknown human remains, including those interred outside of formal cemeteries, which would be considered significant. However, compliance with the Public Resources Code Section 5097.98 and California Health and Safety Code Section 7050.5 would reduce this impact to a level considered less than significant. MEIR 313 did not evaluate impacts related to disturbance of human remains; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. Impacts Related to Geology and Soils Potential Impact. The Project would result in substantial soil erosion. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: The ARSP area is located within an area of the City with relatively flat topography and minimal potential for erosion impacts. The majority of the ARSP is currently developed with urban uses with limited areas of bare ground. Future build out of the ARSP would expose areas to erosion and loss of topsoil during demolition and/or construction activities. However, all future development within the ARSP would be subject to local and State codes and requirements for erosion control and grading. Compliance with the 12 State's Construction General Permit would ensure that this impact would be less than significant. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. Impacts Related to Greenhouse Gas Emissions Potential Impact. The Project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: The regulations, plans, and polices adopted for the purpose of reducing GHG emissions that are directly applicable to the proposed Specific Plan include the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings and the Title 24 California Green Building Standards Code. Adherence to standard requirements would ensure that the Proposed Project would comply with both of these regulations. MEIR 313 did not evaluate impacts related to greenhouse gas emissions; therefore, a finding regarding the SEIR' s consistency with MEIR 313 cannot be made. Impacts Related to Land Use and Planning Potential Impact. The Project would physically divide an established community. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: Continued build out of the C -R District would eliminate non- conforming uses, thereby enhancing the continuity of the ARSP area as a single, unified community. The only communities which may be subject to redevelopment are the two mobile home parks located southeast of the intersection of Katella Avenue and Haster Street. However, compliance with Anaheim Municipal Code, Section 18.26.070, Conversion and Reclassification from Mobilehome Park Overlay Zone, would result in impacts associated with the conversion of the mobile home parks to other uses to be less than significant. Therefore, impacts associated with the division of an established community would be less- than significant. This conclusion is consistent with that provided in MEIR 313. Potential Impact. The Project would conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Project (including but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating and environmental effect. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. 13 Facts in Support of Finding: The Proposed Project would be consistent with the respective goals and policies of local and regional regulatory and planning documents. No significant land use impacts would occur, and no mitigation is necessary. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. Impacts Related to Population and Housing Potential Impact. The Project would induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure). Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: The Proposed Project has the potential to increase population by approximately 9,099 residents and result in a demand for 2,757 housing units within the City of Anaheim. The increases related to population and housing would be well within City of Anaheim projections as stated in Table 5.11 -5 of the Draft SEIR, which is incorporated by reference herein, representing a less than significant impact. This conclusion is consistent with the conclusion provided in MEIR 313. Potential Impact. The Project would displace substantial numbers of existing houses, necessitating the construction of replacement housing elsewhere. The Project would displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: Implementation of the Proposed Project has the potential to displace housing units and residents associated with two mobile home parks located southeast of the intersection of Katella Avenue and Haster Street, the City's MEP overlay zone. However, assuming compliance with State law and the requirements of the Anaheim Municipal Code, impacts would be less than significant. MEIR 313 did not evaluate impacts related to the displacement of housing or people; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. Impacts Related to Recreation Potential Impact. The Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, a need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives for parks. The Project would include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment. 14 Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: Implementation of the Proposed Project would indirectly increase population by approximately 9,099 residents (8,264 associated with build out of the C- R District and 835 associated with the convention center expansion within the PR District). Because this increase would take place over the next 20 years and because the ARSP area is not located within a designated Park Deficiency Area, impacts related to the construction or expansion of recreational uses would be less than significant. Additionally, any residential development project within the Residential Overlay Zone would be subject to Anaheim Municipal Code, Chapter 17.34 Development Fees, which requires the provision of parkland and/or the payment of fees, consistent with the Quimby Act, thereby ensuring that a significant impact would not occur. The conclusion for recreational facilities impacts is consistent with that provided in MEIR 313. Potential Impact. The Project would increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: The increased visitation at any off -site park facilities because of the increased population generated by the Proposed Project would not be large enough to cause substantial physical deterioration, and no physical impacts to park and recreational facilities would occur. The conclusion for recreation facilities impacts is consistent with that provided in MEIR 313. Impacts Related to Transportation and Traffic Potential Impact. The Project would conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: Orange County CMP guidelines state that development projects must comply with CMP criteria. Since the CMP's LOS standard of E or better is less stringent than the City of Anaheim's LOS standard of LOS D or better and Project impacts would be mitigated to LOS D or better, compliance with the City of Anaheim's standard will generally mean compliance with the Orange County CMP standard. The Proposed Project would not conflict with the Orange County CMP. No mitigation measures are required. 15 Impacts Related to Water Potential Impact. The Project would have sufficient water supplies available to serve the Project (including large -scale developments as defined by Public Resources Code Section 21151.9 and described in Question No. 20 of the Environmental Information Form) from existing entitlements and resources, or are new or expanded entitlements needed. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: Project water demand would be accommodated through existing and projected supplies, according to the Proposed Project's Water Supply Assessment. MEIR 313 did not evaluate impacts related to water supply; therefore, a finding regarding the SEIR' s consistency with MEIR 313 cannot be made. Impacts Related to Sewer Potential Impact. The Project would exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: All wastewater generation would be subject to treatment pursuant to OCSD's Wastewater Discharge Regulations, including the procurement of the necessary permits by food service establishments that would be developed in the ARSP area. No significant impacts would occur, and no additional mitigation would be required. The conclusion for impacts related to wastewater treatment requirements is consistent with that provided in MEIR 313. Potential Impact. The Project would result in a determination by the wastewater treatment provider which serves or may serve the Project that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing commitments. Finding: The City hereby determines that there is Less Than Significant Impact and no mitigation is required. Facts in Support of Finding: Implementation of the Proposed Project would increase sewage flows by approximately 323,656 gpd in the PR District and 2.1 mgd in the C -R District. These increases in sewage flow would be accommodated by available capacity at OCSD Treatment Plant No. 1; impacts would be less than significant. Additionally, adherence to the standard requirements would ensure payment of required fees. The conclusion for impacts related to regional wastewater treatment facilities is consistent with that provided in MEIR 313. 16 Impacts Related to Other Public Utilities Potential Impact. The Project would result in a need for new systems or supplies, or substantial alterations related to natural gas. Finding: The City hereby determines that there is No Impact and no mitigation is required. Facts in Support of Finding: No impact would occur related to provision of natural gas service to future projects within the ARSP area. This conclusion is consistent with that provided in MEIR 313. Potential Impact. The Project would be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs. The Project would comply with Federal, State, and local statutes and regulations related to solid waste. Finding: The City hereby determines that there is No Impact and no mitigation is required. Although mitigation is not required, mitigation measures have been identified to further reduce the potential for impacts. Facts in Support of Finding: Based on solid waste generation rates provided by CalRecycle, the Proposed Project would generate an estimated 109,514 pounds of solid waste per day or approximately 19,986 tons of solid waste annually. The Proposed Project could be accommodated within the permitted capacity of the County's landfill capacity. In addition, once the Alpha Olinda Landfill closes in 2021, capacity would exist for the Proposed Project in the FBR Landfill. No impact would occur related to provision of solid waste service to future projects within the ARSP area; however, implementation of the proposed mitigation would further ensure that adequate solid waste services are provided and that solid waste generation would be minimized. This conclusion is consistent with that provided in MEIR 313. MM 5.19 - Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection, the property owner /developer shall submit Project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and 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 location and design of on -site recycling facilities. b. Providing on -site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation 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 /developer shall implement numerous solid waste 17 reduction programs, as required by the Public Works Department, including, but not limited to: a. Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. b. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. c. Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. d. Providing trash compactors for non - recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. e. Prohibiting curbside pick -up. MM 5.19 - Ongoing during Project operation, the following practices shall be implemented, as feasible, by the property owner /developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. MM 5.19 - Prior to issuance of building permits, plans shall show that trash storage areas shall be provided and maintained in a location acceptable to the City of Anaheim Department of Public Works, Operations Division. On an ongoing basis, trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. MM 5.19 - Prior to issuance of each building permit, the Property Owner/Developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. MM 5.19 - Prior to issuance of each grading and building permit, the Property Owner/Developer shall submit to the Planning Director or Planning Services Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. Potential Impact. The Project would result in a need for new systems or supplies, or substantial alterations related to telephone service. 18 Finding: The City hereby determines that there is No Impact and no mitigation is required. Facts in Support of Finding: Facilities needed to connect the Proposed Project to the existing telephone system may include new conduit, fiber and copper facilities. These improvements would be implemented in accordance with applicable State and local regulations. No impact would occur related to provision of telephone service to future projects within the ARSP area. This conclusion is consistent with that provided in MEIR 313. Potential Impact. The Project would result in a need for new systems or supplies, or substantial alterations related to television service /reception. Finding: The ARSP area can be served by Time Warner Cable with the existing cable resources available to the site. The City hereby determines that there is No Impact and no mitigation is required. Facts in Support of Finding: No impact would occur related to provision of television and cable service to future projects within the ARSP area. This conclusion is consistent with that provided in MEIR 313. Findings Concerning Potentially Significant Impacts That Would Be Reduced to a Level Considered Less Than Significant The following discussion identifies the impacts in the Final SEIR that have been identified as being potentially significant but reduced to a level considered less than significant with the implementation of standard requirements and/or mitigation measures. Impacts Related to Biological Resources Potential Finding. The Project would have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: The ARSP area contains ornamental trees that may have the potential to be used by nesting raptors. State regulations (California Fish and Game Code § §3503, 3503.5, and 3513) prohibit activities that "take, possess or destroy" any raptor nest or egg. Therefore, if construction is initiated during the raptor nesting season, the Project has the potential to impact nesting birds and raptors, which would result in a significant impact. Implementation of MMs 5.3 -1 and 5.3 -2 would reduce these impacts to less than significant levels. MEIR 313 did not evaluate impacts related to candidate, sensitive, or special status species; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. MM 5.3 -1 Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a survey for active raptor nests shall be conducted by a 19 qualified Biologist and submitted to the Planning and Building Department 30 days prior to commencement of any demolition or construction activities during the raptor nesting season (February 1 to June 30) and within 500 feet of a fan palm, juniper, or canary island pine. Should an active nest be identified, restrictions defined by a qualified Biologist will be placed on construction activities in the vicinity of any active nest observed until the nest is no longer active, as determined by a qualified Biologist. These restrictions may include a 300- to 500 -foot buffer zone designated around a nest to allow construction to proceed while minimizing disturbance to the active nest. Once the nest is no longer active, construction can proceed within the buffer zone. MM 5.3 - Prior to the issuance of a demolition permit, grading permit, or building permit, whichever occurs first, a letter detailing the proposed schedule for vegetation removal activities shall be submitted to the Planning and Building Department, verifying that removal shall take place between August 1 and February 28 to avoid the bird nesting season. This would ensure that no active nests would be disturbed. If this is not feasible, then a qualified Biologist shall inspect any trees which would be impacted prior to demolition, grading or construction activities to ensure no nesting birds are present. If a nest is present, then appropriate minimization measures shall be developed by the Biologist. Impacts Related to Cultural Resources Potential Finding. The Project would cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5 of the CEQA Guidelines and/or identified on the Qualified Historic Structure list of the Anaheim Colony Historic Preservation Plan (July 20, 1999). Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: No designated or eligible historical resources, as defined in Section 15064.5 of the CEQA Guidelines, have been identified in ARSP. There are numerous structures within the ARSP that are nearing the 45 -year threshold to be considered for historic designation. Because this EIR does not evaluate any specific development applications, future Project details and timing cannot be committed to at this time. To ensure that any potential resources that have not been formally identified are lost, and since a number of structures are nearing 45 years of age within the ARSP boundaries, implementation of MM 5.4 -3 would reduce potential impacts to less than significant levels. The conclusion for impacts to historical resources is more significant than the conclusion provided in MEIR 313. MM 5.4 - Prior to approval of a final site plan for properties that contain a structure over 45 years old, property owners /developers shall submit to the Planning and Building Department, Planning Services Division documentation to verify the presence /absence of historic resources. On properties where resources are identified, such documentation shall provide a detailed mitigation plan, 20 including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. Potential Finding. The Project would cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the CEQA Guidelines. The project would directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: No archaeological or paleontological resources have been identified within or near the ARSP and no known unique geologic features are located within the ARSP. However, grading and construction activities associated with build out of the ARSP could impact unknown archeological and/or paleontological resources, which would be considered significant. This impact would be mitigated to a level considered less than significant with implementation of the proposed mitigation measures. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.4 - Prior to issuance of each grading permit, the property owner /developer shall submit a letter identifying the certified archaeologist that has been hired to ensure that the following actions are implemented: a. The archaeologist must be present at the pre - grading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and/or salvage. 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. MM 5.4 - Prior to issuance of each grading permit, the property owner /developer shall submit a letter identifying the certified paleontologist that has been hired to ensure that the following actions are implemented: a. The paleontologist must be present at the pre - grading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant 21 paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation with the property owner /developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading shall be diverted around the area until the monitor can survey the area. MM 5.4 - Prior to approval of a final site plan for properties that contain a structure over 45 years old, property owners /developers shall submit to the Planning and Building Department, Planning Services Division documentation to verify the presence /absence of historic resources. On properties where resources are identified, such documentation shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. Impacts Related to Geology And Soils Potential Impact. The Project would expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Seismic activity along nearby or more distant fault zones is likely to cause ground shaking within the City limits and within the ARSP, thus exposing people and structures to adverse effects related to seismic ground shaking. Therefore, the Proposed Project would be exposed to seismic ground shaking. However, with implementation of the proposed mitigation measures, conformance with Titles 15 and 17 of the Anaheim Municipal Code and the 2007 California Building Code, and completion of subsequent design - level studies to be prepared when detailed grading and building plans, impacts would be reduced to a less than significant level. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.5 - Prior to issuance of each building permit, the property owner /developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. MM 5.5 - Prior to issuance of each foundation permit, the property owner /developer shall submit a report prepared by a geotechnical engineer to the Planning and 22 Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. MM 5.5 -3 Prior to issuance of each building permit, the property owner /developer shall submit plans to the Planning Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards • in the California Building Code adopted by the City of Anaheim. MM 5.5 -4 Prior to the final building and zoning inspection for a hotel /motel, the property owner /developer shall submit an earthquake emergency response plan for review and approval by the Fire Department. The plan shall require posted notices in all hotel rooms on earthquake safety procedures and incorporate ongoing earthquake training for hotel staff to the satisfaction of the Fire Department. MM 5.5 -5 Ongoing during grading activities, the property owner /developer shall implement standard practices for all applicable codes and ordinances to prevent erosion to the satisfaction of the Planning and Building Department, Building Services Division. MM 5.5 -6 Prior to issuance of building or grading permits, the property owner /developer shall submit to the Planning and Building Department, Building Services Division geologic and geotechnical investigations in areas of potential seismic or geologic hazards and provide a note on plans that all grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Potential Impact. The Project would be located on expansive soil, as described by Section 1802.3.2 of the California Building Code (2007), creating substantial risks to life or property. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Expansive soils are known to exist within the ARSP area; therefore, build out of the ARSP may result in a significant impact related to expansive soil. Implementation of current codes and regulations, as identified in the Anaheim Municipal Code, and implementation of the proposed mitigation would reduce impacts to less than significant levels. MEIR 313 did not evaluate impacts related to expansive soils; therefore, a finding regarding the SEIR' s consistency with MEIR 313 cannot be made. MM 5.5 -1 Prior to issuance of each building permit, the property owner /developer shall submit to the Planning and Building Department, Building Services Division for review and approval, detailed foundation design information for the subject building(s), prepared by a civil engineer, based on recommendations by a geotechnical engineer. 23 MM 5.5 - Prior to issuance of each foundation permit, the property owner /developer shall submit a report prepared by a geotechnical engineer to the Planning and Building Department, Building Services Division for review and approval, which shall investigate the subject foundation excavations to determine if soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. MM 5.5 - Prior to issuance of each building permit, the property owner /developer shall submit plans to the Planning and Building Department, Building Services Division for review and approval showing that the proposed structure has been analyzed for earthquake loading and designed according to the most recent seismic standards in the California Building Code adopted by the City of Anaheim. Impacts Related to Hazards and Hazardous Materials Potential Impact. The Project would be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: The Proposed Project would have the potential to disturb lead - based paint (LBP) and asbestos containing materials (ACM) depending on the age of existing structures within the PR and C -R Districts. Given the presence of underground storage tanks (USTs), including ones which have been identified as having leaked, the Proposed Project would have the potential to disturb hazardous materials. With implementation of mitigation, including compliance with the State of California Hazardous Substances Control Law, potential impacts related to hazardous material on or near the Project Site would be reduced to less than significant levels. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.7 - Prior to issuance of the first grading or demolition permit, whichever occurs first, in areas of former service stations, in areas known or thought to have been previously occupied by USTs, and in areas where tank removal has not been verified prior to excavation or grading, the property owner /developer shall retain the services of a qualified environmental professional to conduct an investigation for known, or the presence of, cryptic tanks, using geophysical methods. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available, or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be undertaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. 24 MM 5.7 - Prior to the removal of USTs, the property owner /developer shall obtain a permit from the Environmental Protection Section of the Fire Department for the removal of such tanks. During the removal of USTs, a representative from the Environmental Protection Section of the Fire Department shall be onsite to direct soil sampling. MM 5.7 - Ongoing during remediation all remediation activities of surface or subsurface contamination not related to USTs, conducted on behalf of the property owner /developer, shall be overseen by the Orange County Health Care Agency (OCHCA). Information on subsurface contamination from USTs shall be provided to the Public Utilities Department, Environmental Services Division. MM 5.7 - Prior to issuance of the first grading or demolition permit, whichever occurs first the property owner /developer shall submit a plan for review and approval by the Fire Department which details procedures that will be taken if previously unknown USTs, or other unknown hazardous material or waste, is discovered onsite. MM 5.7 - Prior to issuance of the first grading plan or demolition permit, whichever occurs first for future developments within the Anaheim Resort Specific Plan area affecting any property on a published list of leaking underground storage tanks (LUST) that has not been officially closed or resolved, 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 shall be undertaken by a qualified environmental professional, and results of these analyses shall be submitted to the Fire Department and the Environmental Services Division of the Public Utilities Department for review and approval. Appropriate remediation measures will be developed, if necessary, before demolition, excavation, or grading takes place in these areas. MM 5.7 - Ongoing during Project demolition and construction, in the event that hazardous waste, including asbestos, is discovered during site preparation or construction, the property owner /developer shall ensure that the identified hazardous waste and/or hazardous material are handled and disposed of in the manner specified by the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5), and according to the requirements of the California Administrative Code, Title 30, Chapter 22. MM 5.7 - Prior to issuance of any discretionary permit for a current or former hazardous waste disposal site or solid waste disposal site, the Project property owner /developer shall submit a Phase I Environmental Site Assessment to the City. If possible hazardous materials are identified during the site assessments, the appropriate response /remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board (RWQCB), as appropriate. 25 Impacts Related to Hydrology And Water Quality Potential Impact. The Proposed Project would violate any water quality standards or waste discharge requirements. The Proposed Project would otherwise substantially degrade water quality. The Proposed Project would substantially degrade water quality by contributing pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling, or storage, delivery areas, loading docks or other outdoor work areas. The Proposed Project would substantially degrade water quality by discharge which affects the beneficial uses (i.e., swimming, fishing, etc.) of the receiving or downstream waters. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Short-term storm water runoff from individual construction sites could contain pollutants such as soils and sediments that are released during grading and excavation activities and petroleum- related pollutants due to spills or leaks from heavy equipment and machinery. Other common pollutants that can result from construction activities include solid or liquid chemical spills; concrete and related cutting or curing residues; wastes from paints, stains, sealants, solvents, detergents, glues, acids, lime, plaster, and cleaning agents; and heavy metals from equipment. Long -term potential pollutants that could be generated by maximum build out of the C -R District and the expansion of the Anaheim Convention Center in the PR District could include, but are not limited to, bacteria/viruses, heavy metals, nutrients, pesticides, organic compounds, sediments, trash and debris, oxygen - demanding substances, and oil and grease. Specific pollutants would depend on the type of land use and the site improvements proposed by individual projects; basically, residential developments, industrial or commercial developments, automotive repair shops, restaurants, hillside developments, parking lots, and streets would have the potential to generate different storm water pollutants. Implementation of the Proposed Project would result in short-term construction- related and long -term operational water quality impacts. These impacts would be mitigated to a level considered less than significant with implementation of the proposed mitigation measures and compliance with the standard requirements. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.8 - Prior to issuance of the first grading or building permit, whichever occurs first, the property owner /developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited to, the following items: 26 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 runoff. MM 5.8 - Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner /developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. MM 5.8 - Ongoing during Project operations, the property owner /developer shall provide for the following: cleaning 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. MM 5.8 - Prior to each final building and zoning inspection, the property owner /developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. MM 5.8 - Prior to final building and zoning inspection, the property owner /developer shall install piping on -site with Project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. MM 5.8 - Prior to issuance of building permits, the property owner /developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Potential Impact. The Proposed Project would substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Groundwater elevations in the planning area are approximately 140 to 150 feet below the ground surface. Excavation and grading activities for future development according to the ARSP are not expected to be deep enough (up to 140 feet) to affect the underlying groundwater resources. However, build out within the C -R and PR Districts would result in an increase in long -term demand for domestic water, landscape irrigation, and maintenance activities. Implementation of the proposed mitigation would reduce demand for groundwater resources, and potential impacts would be mitigated to less than 27 significant levels. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.8 -3 Ongoing during Project operations, the property owner /developer shall provide for the following: cleaning 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. MM 5.8 -4 Prior to each final building and zoning inspection, the property owner /developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. MM 5.8 -5 Prior to final building and zoning inspection, the property owner /developer shall install piping on -site with Project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. MM 5.8 -6 Prior to issuance of building permits, the property owner /developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. MM 5.15 -1 Prior to issuance of each building permit (to be implemented prior to fmal building and zoning inspections, and continuing on an on -going basis during Project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self - closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice - machines, dishwashers, clothes washers and other water -using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. 28 j. Use of water conserving landscape plant materials wherever feasible. MM 5.15 - Prior to issuance of each building permit, all water supply planning for the Project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. MM 5.15 - Prior to the issuance of each building permit, the property owner /developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The irrigation plan shall 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 surface runoff and overwatering is minimized. The landscaping 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. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. MM 5.15 - Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner /developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: a. Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and b. Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. MM 5.15 - Ongoing, the City shall continue to collaborate with the Metropolitan Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, § 10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. Potential Impact. The Proposed Project would substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site. 29 Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Implementation of the Proposed Project would result in site - specific changes to drainage patterns on development sites through changes to the local hydrology and increases in impervious surface area, but would not adversely impact regional hydrology or drainage flows in the surrounding area. Potential increases in impervious surfaces could increase runoff rates and volumes, while reducing potential for soil erosion. Implementation of the proposed mitigation measures and compliance with the standard requirements would reduce impacts to less than significant levels. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.8 - Prior to issuance of the first grading or building permit, whichever occurs first, the property owner /developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited to, the following items: 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 runoff. MM 5.8 - Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner /developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. MM 5.8 - Ongoing during Project operations, the property owner /developer shall provide for the following: cleaning 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. MM 5.8 - Prior to each final building and zoning inspection, the property owner /developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. MM 5.8 - Prior to final building and zoning inspection, the property owner /developer shall install piping on -site with Project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. 30 MM 5.8 Prior to issuance of building permits, the property owner /developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Potential Impact. The Proposed Project would substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site. The Proposed Project would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of pollutant runoff. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Implementation of the Proposed Project may increase runoff volumes and rates to exacerbate existing storm drain deficiencies in the ARSP, potentially leading to localized street flooding. Implementation of the proposed mitigation measures and compliance with the standard requirements would reduce impacts to less than significant levels. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.8 - Prior to issuance of the first grading or building permit, whichever occurs first, the property owner /developer shall submit a Master Drainage and Runoff Management Plan (MDRMP) for review and approval by the Public Works Department, Development Services Division and Orange County (OC) Public Works /OC Engineering. The Master Plan shall include, but not be limited to, the following items: 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 runoff. MM 5.8 - Prior to issuance of a grading permit for sites that disturb more than one (1) acre of soil, the property owner /developer shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence of attainment shall be submitted to the Planning and Building Department, Building Services Division. MM 5.8 - Ongoing during Project operations, the property owner /developer shall provide for the following: cleaning 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. MM 5.8 Prior to each final building and zoning inspection, the property owner /developer shall submit a letter from a licensed landscape architect to the City certifying that the landscape installation and irrigation systems have been installed as specified in the approved landscaping and irrigation plans. 31 MM 5.8 - Prior to final building and zoning inspection, the property owner /developer shall install piping on -site with Project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. MM 5.8 - Prior to issuance of building permits, the property owner /developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Impacts Related to Noise Potential Impact. The Project would expose people to or generate (long -term) noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The Project would result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft SEIR. Facts in Support of Finding: The Proposed Project would allow an increase in development intensity at the Public Recreational (PR) and Commercial- Recreation (C -R) Districts, but specific locations, site plans, and construction details have not been developed. Construction would be localized and would occur intermittently for varying periods of time. Development associated with the Proposed Project would create land use compatibility issues related to noise and would expose receptors to noise levels in excess of established standards, thereby resulting in significant impacts. Adherence to the standard requirements and implementation of the proposed mitigation measures would reduce impacts to less than significant levels. The conclusion related to increased noise levels is consistent with that provided in MEIR 313. MM 5.10 - Prior to approval of each fmal site plan, the property owner /developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level 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. MM 5.10 - Prior to issuance of each building permit, for structures that are adjacent to noise - sensitive areas such as residences, the property owner /developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. MM 5.10 - Prior to issuance of each building permit for a parking structure, the property owner /developer shall ensure that noise from parking structures adjacent to 32 residential areas will be reduced by the provision of convenient access to parking facilities, sound attenuation devices (louvers and walls), the use of textured deck surfaces to reduce tire squalling, and tiering a parking facility to provide greater distance to the receptor. MM 5.10 -7 Ongoing during construction and Project operation, sweeping operations in the parking facilities and private on -site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. Potential Impact. The Project would expose people to or generate excessive ground -borne vibration or ground -borne noise levels. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures, and soil type. Pile driving and rock blasting, which are less common activities, have the potential to generate higher vibration levels. Construction activities related to future development projects within the ARSP area have the potential to generate vibration and ground -borne vibration impacts. Implementation of the proposed mitigation would reduce these potential impacts to less than significant levels. MEIR 313 did not evaluate impacts related to vibration; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. MM 5.10 -1 Ongoing during construction, the property owner /developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. MM 5.10 -2 Prior to approval of each final site plan, the property owner /developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level 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. MM 5.10 -3 Prior to issuance of each building permit, for structures that are adjacent to noise - sensitive areas such as residences, the property owner /developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. MM 5.10 -4 Prior to issuance of each building permit for a parking structure, the property owner /developer shall ensure that noise from parking structures adjacent to residential areas will be reduced by the provision of convenient access to parking facilities, sound attenuation devices (louvers and walls), the use of textured deck 33 surfaces to reduce tire squalling, and tiering a parking facility to provide greater distance to the receptor. MM 5.10 - Prior to issuance of each building permit, a note shall be provided on building plans indicating that during construction, 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 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. MM 5.10 - Ongoing during construction and Project operation, 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 AM and 8:00 PM. MM 5.10 - Ongoing during construction and Project operation, sweeping operations in the parking facilities and private on -site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. MM 5.10 - Ongoing during construction, property owners /developers 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 and Building 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 PM and 7:00 AM 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. MM 5.10 -9 Prior to issuance of each building permit, the property owner /developer shall present plans and calculations to the Planning Department, Building Division to demonstrate that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. MM 5.10 - 10 Prior to issuance of each building permit, the property owner /developer shall present plans and calculations to the Planning and Building Department, Building Division to demonstrate that noise levels from planned mechanical ventilation 34 equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. MM 5.10 - 11 Prior to issuance of each building permit, a note shall be provided on plans indicating that there shall be no operation of large bulldozers or vibratory rollers within 25 feet of any existing residence. MM 5.10 - 12 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. Impacts Related to Public Services Potential Impact. The Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for police protection. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: The ARSP at build out would generate, on average, in excess of 20,036 calls for service per year. The calls generated by this intensification would require an increase in staffing of 60 officers and 31.5 full -time and 14.4 part-time civilian support personnel to maintain current levels of service. A staffing increase of that - size would necessitate the acquisition of a minimum of 23,884 square feet of additional facility space, 53.4 new vehicles, and a minimum of $306,480 in assigned equipment. Therefore, build out of the ARSP would create additional demand for police services; implementation of the following mitigation measures would reduce impacts to less than significant. MM 5.12 - Prior to the approval of each Final Site Plan and issuance of each building permit, the property owner /developer shall submit plans to the Police Department for review and approval for safety, accessibility, crime prevention, and security provisions during both the construction and operative phases for the purpose of incorporating safety measures in the Project design including the concept of crime prevention through environmental design (e.g., building design, circulation, site planning, and lighting of parking structures and parking areas). MM 5.12 - Prior to the issuance of each building permit for a parking structure, the property owner /developer shall submit plans to the Police Department for review and approval indicating the provision of closed circuit television monitoring and 35 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. MM 5.12 - Ongoing during Project operation, the property owner /developer shall provide private security on the 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 activity in the area. MM 5.12 - Prior to issuance of each building permit, the Project design shall include parking lots and parking structures 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. Potential Impact. The Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Approximately 287 annual requests for fire and/or emergency rescue services are anticipated with implementation of the Proposed Project. Therefore, build out of the ARSP would create additional demand for fire and/or emergency rescue services; payment of all applicable fire facilities fees and implementation of the following mitigation measures would reduce impacts to less than significant. MM 5.12 - Prior to commencement of structural framing on each parcel or lot, onsite fire hydrants shall be installed and charged by the property owner /developer as required and approved by the Fire Department. MM 5.12 - Prior to issuance of each grading permit, the property owner /developer shall submit an emergency fire access plan to the Fire Department for review and approval to ensure that service to the site is in accordance with Fire Department service requirements. MM 5.12 - Prior to issuance of each building permit; to be implemented prior to the final building and zoning inspection, plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers installed by the property owner /developer in accordance with the Anaheim Municipal Code. Said sprinklers shall be installed prior to each final building and zoning inspection. MM 5.12 - Prior to issuance of each building permit, plans shall be submitted to ensure that development is in accordance with the City of Anaheim Fire Department Standards, including: 36 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. Standpipes 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. MM 5.12 - Prior to issuance of the first building permit, the property owner /developer shall enter into an agreement recorded against the property with the City of Anaheim to pay or cause to be paid their fair share of the funding to accommodate the following, which will serve the Anaheim Resort Specific Plan area: a. One additional fire truck company. b. One additional paramedic company. c. Modifications to existing fire stations to accommodate the additional fire units, additional manpower, equipment and facilities. d. A vehicle equipped with specialty tools and equipment to enable the Fire Department to provide heavy search and rescue response capability. e. 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. (Note: To implement this mitigation measure, the City has adopted the Fire Protection Facilities and Paramedic Services Impact Fee Program. Compliance with this Program by the property owner /developer (per Ordinance No. 5496 and Resolution No. 95R -73 dated May 16, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements.) 37 MM 5.12 - 10 Prior to each final building and zoning inspection, the property owner /developer shall place emergency telephone service numbers in prominent locations as approved by the Fire Department. MM 5.12 - 11 Prior to issuance of each building permit, the property owner /developer shall submit a Construction Fire 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. MM 5.12 - 12 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. MM 5.12 - 13 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. MM 5.12 - 14 Prior to approval of building plans, the property owner /developer shall provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. MM 5.12 - 15 Prior to approval of on -site water plans, unless each commercial building is initially connected to separate fire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individual sale of buildings until separate fire services are installed in the building(s) subject to the sale. MM 5.12 - 16 Prior to approval of water improvement plans, the water supply system shall be designed by the property owner /developer to provide sufficient fire flow pressure and storage for the proposed land use and fire protection services in accordance with Fire Department requirements. Potential Impact. The Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for schools. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. 38 Facts in Support of Finding: Approximately 1,188 school -aged students would be generated as an indirect result of the Proposed Project, including 995 elementary students and 193 junior and high school students. This increase in demand for school services and facilities would evolve over the 25 year buildout period as the ARSP area is constructed and potential employees decide to locate within the City limits. In addition, potential resort area employees could live anywhere within the city and would have the potential to utilize any of the Districts' schools. Implementation of the following mitigation measures would reduce impacts to less than significant. MM 5.12 - 17 Prior to issuance of each building permit, the property owner /developer shall provide proof of compliance with Government Code Section 53080 (Schools). MM 5.12 - 18 Ongoing, the City will work cooperatively with school districts to identify opportunities for new schools and school expansion. Potential Impact. The Project would result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for library services. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Draft SEIR. Facts in Support of Finding: A total increase of 9,099 additional residents could occur as a result of the Proposed Project. Currently, one in three Anaheim residents has a library card and uses the public library. This would add new borrowers to the Euclid/Central service areas. The growth in population will increase licensing costs for electronic resources. Therefore, additional funds to support increased demand for library services are required to maintain the current level of community support. Implementation of the following mitigation measure would reduce impacts to less than significant. MEIR 313 did not evaluate impacts related to libraries; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. MM 5.12 - 19 Prior to the issuance of a building permit, the property owner /developer shall comply with the Anaheim Municipal Code, Section 17.08.385, Public Library Facilities Services Areas — Payment of Fees Required. Impacts Related to Water Potential Impact. The Project would require or result in the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. 39 Facts in Support of Finding: Existing facilities serving the ARSP are insufficient to serve the fully built out Commercial- Recreation (C -R) District and the expanded convention center in the Public Recreational (PR) District. Project water demand associated with the Proposed Project would exceed capacities of existing water facilities. Adherence to the proposed mitigation measures would reduce impacts to less than significant. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.15 - Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on -going basis during Project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: a. Use of low -flow sprinlder heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self - closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice - machines, dishwashers, clothes washers and other water -using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. MM 5.15 - Prior to issuance of each building permit, all water supply planning for the Project will be closely coordinated with, and be subject to the review and final approval of, the Public Utilities Department, Water Engineering Division and Fire Department. MM 5.15 - Prior to issuance of each building permit, water pressure greater than 80 pounds per square inch (psi) shall be reduced to 80 psi or less by means of pressure reducing valves installed at the property owner /developer's service. MM 5.15 - Prior to the issuance of each building permit, the property owner /developer shall submit a landscape and irrigation plan which shall be prepared and certified by a licensed landscape architect. The irrigation plan shall specify methods for monitoring the irrigation system. The system shall ensure that irrigation rates do 40 not exceed the infiltration of local soils, that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies, and that surface runoff and overwatering is minimized. The landscaping 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. The landscaping and irrigation plans shall indicate that separate irrigation lines for recycled water shall be constructed and recycled water will be used when it becomes available. All irrigation systems shall be designed so that they will function properly with recycled water. MM 5.15 - Prior to approval of the Final Site Plan and building permits, plans shall specifically show that the water meter and backflow equipment and any other large water system equipment will be installed to the satisfaction of the Public Utilities Department, Water Engineering Utility Division, aboveground and behind the building setback line in a manner fully screened from all public streets and alleys and in accordance with Ordinance No. 4156. Prior to the 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 Engineering Division, in accordance with the Final Site Plan and the building permit plans. MM 5.15 - 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 Engineering Division in accordance with Rule 15A, and Rule 20 of the Public Utilities Department Water Rates, Rules and Regulations. MM 5.15 - 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. 6160. MM 5.15 - Prior to the issuance of the first building permit or grading permit, whichever occurs first, the property owner /developer shall comply with Rule 15E of the Public Utilities Department Water Rates, Rules, and Regulations. Rule 15E shall be amended to include: a. Construction of a new well with a minimum 1,500 GPM capacity to serve The Anaheim Resort Area (tentative location near Ponderosa Park and Orangewood Avenue); and b. Construction of a new 16 -inch water main along Harbor Boulevard from Orangewood to Chapman Avenue. MM 5.15 - Ongoing, the City shall continue to collaborate with the Metropolitan Water District of Southern California (MWD), its member agencies, and the Orange County Water District (OCWD) to ensure that available water supplies meet anticipated demand. If it is forecasted that water demand exceeds available 41 supplies, staff shall recommend to City Council to trigger application of the Water Conservation Ordinance (Anaheim Municipal Code, § 10.18), as prescribed, to require mandatory conservation measures as authorized by Sections 10.18.070 through 10.18.090, as appropriate. Impacts Related to Sewer Potential Impact. The Project would require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Build out of the ARSP would increase sewage flows in existing sewer lines and trunks serving the area as part of Models 1, 13, 15, 16, 17, 20, 21, 22, 40, and 51 of the Combined Central Anaheim Area Master Plan of Sanitary Sewers. Results of the modeling indicate that several sewer lines would become deficient or that future development under the amended ARSP would contribute to existing deficiencies in Models 1, 13, 15, 16, and 40. No deficiencies exist nor would deficiencies be created in sewer lines in Models 17, 20, 21, 22, and 51 due to the Proposed Project. Implementation of the following mitigation measures would reduce potential impacts to less than significant levels. The conclusion for sewer capacity impacts is consistent with that provided in MEIR 313. MM 5.16 - Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the property owner /developer shall participate in the City's Master Plan of Sewers and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future sanitary sewer system deficiencies as follows: The property owner /developer shall submit a report for review and approval of the City Engineer to assist in 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. b. If the development/redevelopment (1) discharges into a sewer system that is currently 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 the City Attorney 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 Area Sewer Deficiency Study. The property owner /developer shall be required to install the sanitary sewer facilities, as 42 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 inspections for the building/structure, whichever comes first. Additionally, the property owner /developer shall participate in the Infrastructure Improvement (Fee) Program, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. As part of guaranteeing the mitigation of impacts for the sanitary sewer system, the property owner /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 build out of the Project and identify local deficiencies for each Project component (i.e., each hotel). MM 5.8 - Prior to approval of building plans, the property owner /developer shall provide written evidence that all storm drain, sewer, and street improvement plans shall be designed and constructed to the satisfaction of the City Engineer. Impacts Related to Electricity Potential Impact. The Project would result in a need for new systems or supplies, or substantial alterations related to electricity. Finding: Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect. Facts in Support of Finding: Build out of the ARSP and expansion of the Convention Center would result in increased demand for electricity of approximately 184,059,772 kilowatts per hour (kWh) annually or an estimated 799,344 kWh on an average day. It is noted that the Anaheim Public Utilities Department has installed and operates a 102 kilowatt photovoltaic power generation system on the roof of the Anaheim Convention Center. This system generates more than 141,000 kilowatt hours (kWh) of electricity annually. Therefore, the estimated net increase in electrical demand associated with implementation of the ARSP is 69.1 Mega Volt Amp (MVA). Compliance with the standard requirements and implementation of the proposed mitigation measures would reduce anticipated demand through conservation efforts. It is expected that the existing electrical distribution system and future planned improvements would adequately accommodate the anticipated demand, thus resulting in a less than significant impact with mitigation. The conclusion for impacts is consistent with that provided in MEIR 313. MM 5.17 - Prior to issuance of each building permit, the property owner /develop shall consult with the City of Anaheim Public Utilities Department, Resource Efficiency Business and Community Programs Division in order to review energy efficient measures to incorporate into the Project design. Prior to the final 43 building and zoning inspection, the property owner developer shall implement these energy efficient measures, which may include the following: a. High - efficiency air- conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100 %) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors /separable activity areas f. Specification of premium - efficiency electric motors (i.e., compressor motors, air - handling units, and fan-coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage 1. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified m. Use of lighting power controllers in association with metal- halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air - conditioning for spaces or facilities that may require air- conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. P. Consideration for participation in Advantage Services Programs such as: a. New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems b. New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements 44 c. Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. MM 5.17 -2 Prior to final building and zoning inspection, the property owner /developer shall install an underground electrical service from the Public Utilities Distribution System. The Underground Service will be installed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. Electrical Service Fees and other applicable fees will be assessed in accordance with the Electric Rules, Rates, Regulations and Electrical Specifications for Underground Systems. MM 5.17 -3 Prior to issuance of each building permit, the property owner /developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. MM 5.17 -4 Prior to approval of a Final Site Plan, the property owner /developer shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures into the Project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. 45 Findings on Unavoidable Significant Impacts The purpose of this section is to present the findings and facts in the support of findings relative to those Project impacts that cannot be reduced to a level considered less than significant with the implementation of standard requirements and/or mitigation measures. Impacts Related to Aesthetics Potential Impact. The Project would substantially degrade the existing visual character or quality of the site and its surroundings. Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: The Proposed Project would alter the existing visual condition of the ARSP area through introduction of new, higher density development within the ARSP area. However, since new development would be required to conform to the ARSP, these changes would create a more visually cohesive and appealing environment and impacts would be less than significant. This conclusion is less than the impacts identified in MEIR 313 for the original ARSP. Shade and shadow impacts associated with the specific development proposed for the PR District would be less than significant. The Proposed Project does not propose any specific development projects within the C -R District; therefore, specific impacts associated with individual proposals cannot be determined at this time. However, development standards within the C R District are not proposed to change from what is currently allowed by the ARSP. Despite compliance with the design guidelines set forth in the ARSP and proposed mitigation that would require each property owner /developer to submit a shade and shadow analysis to the Planning Department for review and approval, prior to final site plan approval, demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible, build out of the C -R District could result in potential shade and shadow impacts on properties immediately adjacent to the ARSP area that cannot be fully mitigated. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.1 -1 Prior to final site plan approval, the property owner /developer shall submit a shade and shadow analysis to the Planning and Building Department for review and approval demonstrating that the proposed structure(s) would avoid creating significant shade and shadow impacts on adjacent land uses to the maximum extent feasible. A significant shade and shadow impact would occur when outdoor active areas (e.g., outdoor eating areas, hotel/motel swimming pools, and residential front and back 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. 46 MM 5.1 - Prior to issuance of building permits, all plumbing or other similar pipes and fixtures located on the exterior of the building shall be shown on plans as fully screened from view of adjacent public rights -of -way and from adjacent properties by architectural devices and/or appropriate building materials. A note indicating that these improvements will be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. MM 5.1 - Ongoing, the property owner /developer shall be responsible for the removal of any on -site graffiti within 24 hours of its application. MM 5.1 - Prior to Final Site Plan approval, 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. MM 5.1 - Prior to fmal building and zoning inspections, 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 Public Utilities Department. MM 5.1 - Prior to final building and zoning inspections, root and sidewalk barriers shall be provided for trees within seven feet of public sidewalks. MM 5.1 - Prior to final building and zoning inspections, the property owner /developer shall submit to the Planning and Building Department a letter from a licensed landscape architect certifying that all landscaping and irrigation systems have been installed in accordance with landscaping plans approved in connection with the Final Site Plan. MM 5.1 - Ongoing, all 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. MM 5.1 - Ongoing, 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. MM 5.1 - 10 Ongoing, a licensed arborist shall be hired by the property owner /developer to be responsible for all tree trimming. MM 5.1 - 11 Prior to issuance of each building permit, unless records indicate previous payment, a fee for street tree purposes shall be paid or cause to be paid to the City of Anaheim based on the length of street frontage in an amount as established by 47 City Council resolution or credit against the fee given for City authorized improvements installed by the property owner /developer. MM 5.1 - 12 Prior to issuance of each building permit, all air conditioning facilities and other roof and ground- mounted equipment shall be shown on plans as shielded from public view and the sound buffered to comply with City of Anaheim noise ordinances from any adjacent residential or transient- occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. MM 5.1 - 13 Prior to Final Site Plan approval, plans shall show that the rear elevations of buildings visible from off-site areas shall be architecturally accented to portray a finished look. MM 5.1 - 14 Prior to Final Site Plan approval, plans shall show that no shuttle/bus /vehicular drop -off areas shall be permitted in hotel/motel or vacation resort front setback area. Impacts Related to Air Quality Potential Impact. The Project would violate any air quality standard or contribute substantially to an existing or projected air quality violation. Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: With incorporation of the proposed mitigation measures, construction emissions of criteria pollutants would be less than significant. The conclusion for construction emissions is not consistent with that provided in MEIR 313. MEIR 313 projected that construction emissions of VOC, NOx, CO, and PM10 would be significant and unavoidable. Long -term operational emissions of VOC, NOx, CO, PM10, and PM2.5 would exceed the SCAQMD CEQA significance thresholds. The proposed mitigation measures would reduce vehicle emissions, but the reductions are not reliably quantifiable and are not anticipated to reduce emissions to less than the SCAQMD CEQA thresholds. Therefore, the impact would be significant and unavoidable. The conclusion for operational emissions is consistent with that provided in MEIR 313, except for PM2.5, which was not a criteria pollutant when MEIR 313 was prepared. 48 Local PM10 and PM2.5 emissions would exceed the SCAQMD CEQA significance thresholds for short-term periods when excavation would occur near sensitive receptors; the impact would be significant and unavoidable. The local impact analysis was not conducted for MEIR 313. MM 5.2 -1 Ongoing during Project operation, the property owner /developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. MM 5.2 -2 Prior to the issuance of each building permit, the property owner /developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the Project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). 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; and, b. Use solvent based coatings, where they are necessary. MM 5.2 -3 Ongoing during construction, the property owner /developer shall implement measures to reduce construction - related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth - moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways 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. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the Project site. 49 f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. P. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2 - Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the Project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a Project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. MM 5.2 - Prior to the issuance of each building permit, the property owner /developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. MM 5.2 - Prior to the issuance of each building permit, the property owner /developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: 50 a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. MM 5.2 - Prior to issuance of the first building permit, the property owner /developer shall submit a human health risk assessment (HRA) for any proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. MM 5.14 - Prior to the fmal building and zoning inspection, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the Project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. MM 5.14 - Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. MM 5.14 Prior to the fmal building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce Project - generated trips. 51 c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. MM 5.14 - Prior to the final building and zoning inspection, the property owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter 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 or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the Project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. 52 j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. 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. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. P. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. MM 5.14 -20 Prior to the approval of a Final Site Plan, the property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). MM 5.14 -21 Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on -site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the Project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the Project participants. MM 5.14 -22 Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan, if the costs of the identified improvements in the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot 53 be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Potential Impact: The Project would expose sensitive receptors to substantial pollutant concentrations. Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: There would be no potential for a CO hotspot or exposure of persons to CO in excess of SCAQMD criteria for CO ambient air quality. Construction activities would result in short-term, Project - generated emissions of diesel PM from the exhaust of off -road heavy -duty diesel equipment used for site preparation (e.g., excavation, grading, and clearing); paving; building construction; application of architectural coatings; and other miscellaneous activities. However, Project - generated, construction- related emissions of toxic air contaminants (TAC)s would not expose sensitive receptors to substantial emissions of TACs because (1) the use of off -road heavy -duty diesel equipment for construction activities would be temporary (short in duration when compared to 70 years) and (2) in combination with the highly dispersive properties of diesel PM and further reductions in exhaust emissions from improved equipment and the impact would be less than significant. Short-term exposure of persons to PM10 and PM2.5 concentrations exceeding the SCAQMD CEQA significance thresholds would occur during the Project's mass grading and excavation phase near sensitive receptors; the impact would be significant and unavoidable. Exposure of persons to TACs would be less than significant. MEIR 313 did not evaluate impacts related to local PM concentrations or toxic air contaminants; therefore, a finding regarding the SEIR's consistency with MEIR 313 cannot be made. MM 5.2 - Ongoing during Project operation, the property owner /developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. MM 5.2 - Prior to the issuance of each building permit, the property owner /developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the Project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property 54 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; and, b. Use solvent based coatings, where they are necessary. MM 5.2 -3 Ongoing during construction, the property owner /developer shall implement measures to reduce construction - related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth- moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways 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. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the Project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. 55 m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. P. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2-4 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the Project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a Project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. MM 5.2 -5 Prior to the issuance of each building permit, the property owner /developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. MM 5.2 -6 Prior to the issuance of each building permit, the property owner /developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. 56 MM 5.2 -7 Prior to issuance of the first building permit, the property owner /developer shall submit a human health risk assessment (HRA) for any proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. MM 5.14 -4 Prior to the final building and zoning inspection, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the Project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. MM 5.14 -5 Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. MM 5.14 -8 Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce Project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. MM 5.14 -9 Prior to the final building and zoning inspection, the property owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. 57 b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter 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 or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the Project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. 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. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees fmancial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 58 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. P. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. MM 5.14 - 20 Prior to the approval of a Final Site Plan, the property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). MM 5.14 - 21 Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on -site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the Project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the Project participants. MM 5.14 - 22 Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan, if the costs of the identified improvements in the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Potential Impact. The Project would result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non - attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors). Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. 59 Facts in Support of Finding: The projected maximum daily emissions for construction of the proposed PR District improvements would not exceed the SCAQMD CEQA significance thresholds but would approach the thresholds for VOC and NOx. It is foreseeable that development in the C -R District could be built concurrently with those in the PR District, or that the size and intensity of concurrent future projects in the C -R district would exceed the assumptions for the calculations in the Draft SEIR. Thus, depending on the sizes of individual projects and the construction phase overlaps, the concurrent construction of several projects could result in a cumulative increase of VOC, NOx, and possibly other criteria pollutants to a level above the thresholds. Additionally, build out of the Anaheim Resort Specific Plan would result in long term emissions of VOC, NOx, PM10, and PM2.5 that would exceed the SCAQMD CEQA significance thresholds. Build out of the Anaheim Resort Specific Plan could result in cumulatively considerable increase of nonattainment pollutants during both the construction and operational phases of the Project. Mitigation measures would not reduce the impact to less than significant. Therefore, the impact would be significant and unavoidable. The conclusion for cumulative emissions is consistent with that provided in MEIR 313. MM 5.2 -1 Ongoing during Project operation, the property owner /developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. MM 5.2 -2 Prior to the issuance of each building permit, the property owner /developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the Project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). The property owner /developer shall also implement the following to limit emissions from architectural coatings and asphalt usage: a. Use non - solvent -based coatings on buildings, wherever appropriate; and, b. Use solvent -based coatings, where they are necessary. MM 5.2 -3 Ongoing during construction, the property owner /developer shall implement measures to reduce construction - related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth - moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. 60 b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways 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. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the Project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. P. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2 -4 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the Project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer 61 recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. MM 5.2 - Prior to the issuance of each building permit, the property owner /developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. MM 5.2 - Prior to the issuance of each building permit, the property owner /developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. MM 5.2 - Prior to issuance of the first building permit, the property owner /developer shall submit a human health risk assessment (HRA) for any proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. MM 5.14 - Prior to the final building and zoning inspection, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the Project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. MM 5.14 - Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation 62 Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. MM 5.14 - Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce Project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. MM 5.14 - Prior to the fmal building and zoning inspection, the property owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter 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 or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the Project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers 63 should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. 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. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. P. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. MM 5.14 - 20 Prior to the approval of a Final Site Plan, the property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation 64 Manager and per the approval of the Orange County Transportation Authority (OCTA). MM 5.14 -21 Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on -site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the Project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the Project participants. MM 5.14 -22 Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan, if the costs of the identified improvements in the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Potential Impact. The Project would conflict with or obstruct implementation of the applicable air quality plan. Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: Build out of the Anaheim Resort Specific Plan would result in long term emissions of VOC, NOx, PM10, and PM2.5 that would exceed the SCAQMD CEQA significance thresholds. The Proposed Project does not propose a change to the General Plan land use designations. However, the anticipated increase in density may result in greater VMT than those anticipated in the 2007 AQMP. Based on the potential for the Proposed Project to result in an increase in the frequency or severity of existing air quality violations, it is concluded that the Proposed Project could conflict with or obstruct implementation of the 2007 AQMP. The Proposed Project would conflict with the applicable air quality plan; the impact would be significant and unavoidable. The conclusion for conformance with the AQMP is more significant than the conclusion provided in MEIR 313. It should be noted, however, that the current criteria for conformance with the AQMP are different than the applicable criteria when MEIR 313 was prepared. MM 5.2 -1 Ongoing during Project operation, the property owner /developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. 65 MM 5.2 -2 Prior to the issuance of each building permit, the property owner /developer shall submit evidence that low emission paints and coatings are utilized in the design and construction of buildings, in compliance with SCAQMD regulations. The information shall be denoted on the Project plans and specifications. The property owner /developer shall submit an architectural coating schedule and calculations demonstrating that VOC emissions from architectural coating operations would not exceed 75 pounds per day averaged over biweekly periods. The calculations shall show, for each coating, the surface area to be coated, gallons (or liters) of coating per unit surface area, and VOC content per gallon (or liter). 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; and, b. Use solvent based coatings, where they are necessary. MM 5.2 -3 Ongoing during construction, the property owner /developer shall implement measures to reduce construction - related air quality impacts. These measures shall include, but are not limited to: a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth - moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. For projects where there is excavation for subterranean facilities (such as parking) on -site haul roads shall be watered at least every two hours or the on -site haul roads shall be paved. c. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacturer's specification, to exposed piles. d. Roadways 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. e. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the Project site. f. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. g. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating onsite roads and staging areas. h. Preventing trucks from idling for longer than 2 minutes. i. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. 66 j. Reduce Traffic speeds on all unpaved road surfaces to 15 miles per hour or less. k. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. 1. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. m. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. n. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. o. Maintain construction equipment engines by keeping them properly tuned. P. Use low sulfur fuel for equipment, to the extent practicable. MM 5.2 -4 Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the Project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. MM 5.2 -5 Prior to the issuance of each building permit, the property owner /developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. MM 5.2 -6 Prior to the issuance of each building permit, the property owner /developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought - resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. 67 e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. MM 5.2 -7 Prior to issuance of the first building permit, the property owner /developer shall submit a human health risk assessment (HRA) for any proposed sensitive land uses (according to SCAQMD standards at that time) to be located within 500 feet of the near edge of the I -5 freeway unless it is demonstrated that the health risks have been determined to be acceptable according to the standards of the SCAQMD at the time of building permit application. MM 5.14 -4 Prior to the final building and zoning inspection, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the Project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. MM 5.14 -5 Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. MM 5.14 -8 Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce Project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. MM 5.14 -9 Prior to the final building and zoning inspection, the property owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options. The options include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during Project 68 operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter 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 or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the Project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. 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. 69 m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. P. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. MM 5.14 - 20 Prior to the approval of a Final Site Plan, the property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). MM 5.14 - 21 Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on -site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the Project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the Project participants. MM 5.14 - 22 Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan, if the costs of the identified improvements in the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Impacts Related to Greenhouse Gas Emissions Potential Impact. The Project would generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment. 70 Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: Temporary impacts would result from Project construction activities. GHGs would be emitted by off -road and on -road construction equipment and worker vehicles. The average annual estimated GHG emissions from construction 1,367 MTCO2e. Long -term annual GHG emissions attributed to the Proposed Project would be generated from vehicle trips generated by the proposed land uses and from the increased use of electricity, natural gas, and water within the ARSP. GHG emissions in 2030 are estimated to be 499,799 MTCO2e per year, which would be more than twice the existing GHG emissions of 231,179 MTCO2e. Vehicle emissions would constitute 67 percent of the GHG emissions. Direct and indirect GHG emissions would be cumulatively considerable and would be a significant and unavoidable impact. MEIR 313 did not evaluate impacts related to GHG emissions; therefore, a finding regarding the SEIR' s consistency with MEIR 313 cannot be made. MM 5.2 - Ongoing during Project operation, the property owner /developer shall implement measures to reduce emissions to the extent practical, schedule goods movements for off -peak traffic hours, and use clean fuel for vehicles and other equipment, as practicable. MM 5.2 - Prior to issuance of each grading permit (for Import/Export Plan) and prior to issuance of demolition permit (for Demolition Plan), the property owner /developer shall submit Demolition and Import/Export plans. The plans shall include identification of offsite locations for materials export from the Project and options for disposal of excess material. These options may include recycling of materials onsite, sale to a soil broker or contractor, sale to a project in the vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner /developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. MM 5.2 - Prior to the issuance of each building permit, the property owner /developer shall comply with all SCAQMD offset regulations and implementation of Best Available Control Technology (BACT) and Best Available Retrofit Control Technology (BARCT) for any new or modified stationary source. Copies of permits shall be given to the Planning and Building Department. MM 5.2 Prior to the issuance of each building permit, the property owner /developer shall implement, and demonstrate to the City, measures that are being taken to reduce operation - related air quality impacts. These measures may include, but are not limited to the following: 71 a. Improve thermal integrity of structures and reduced thermal load through use of automated time clocks or occupant sensors. b. Incorporate efficient heating and other appliances. c. Incorporate energy conservation measures in site orientation and in building design, such as appropriate passive solar design. d. Use drought- resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. e. To the extent feasible, provide daycare opportunities for employees or participate in a joint development daycare center f. Install facilities for electric vehicle recharging, unless it is demonstrated that the technology for these facilities or availability of the equipment current at the time makes this installation infeasible. MM 5.8 -5 Prior to final building and zoning inspection, the property owner /developer shall install piping on -site with Project water mains so that reclaimed water may be used for landscape irrigation, if and when it becomes available. MM 5.14 -4 Prior to the final building and zoning inspection, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the Project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. MM 5.14 -5 Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. MM 5.14 -8 Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce Project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. 72 MM 5.14 - Prior to the final building and zoning inspection, the property owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter 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 or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the Project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. 73 k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. 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. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees financial incentives for bicycling to work. P. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. MM 5.14 - 20 Prior to the approval of a Final Site Plan, the property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). MM 5.14 - 21 Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on -site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the Project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the Project participants. MM 5.15 - Prior to issuance of each building permit (to be implemented prior to final building and zoning inspections, and continuing on an on -going basis during Project operation), the property owner/ developer shall submit to the Public Utilities Department plans for review and approval which shall ensure that water conservation measures are incorporated. The water conservation measures to be shown on the plans and implemented by the property owner /developer, to the extent applicable include, but are not limited to, the following: 74 a. Use of low -flow sprinkler heads in irrigation systems. b. Use of waterway recirculation systems. c. Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. d. Use of self - closing valves on drinking valves. e. Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. f. Use of low -flow shower heads in hotels. g. Water efficient ice - machines, dishwashers, clothes washers and other water -using appliances. h. Use of irrigation systems primarily at night when evaporation rates are lowest. i. Provide information to the public in conspicuous places regarding water conservation. j. Use of water conserving landscape plant materials wherever feasible. MM 5.17 - Prior to issuance of each building permit, the property owner /develop shall consult with the City of Anaheim Public Utilities Department, Resource Efficiency Business and Community Programs Division in order to review energy efficient measures to incorporate into the Project design. Prior to the final building and zoning inspection, the property owner developer shall implement these energy efficient measures, which may include the following: a. High - efficiency air- conditioning systems with EMS (computer) control b. Variable air volume (VAV) distribution c. Outside air (100 %) economizer cycle d. Staged compressors or variable speed drives to flow varying thermal loads e. Isolated HVAC zone control by floors /separable activity areas f. Specification of premium- efficiency electric motors (i.e., compressor motors, air - handling units, and fan-coil units) g. Use of occupancy sensors in appropriate spaces h. Use of compact fluorescent lamps i. Use of cold cathode fluorescent lamps j. Use of light emitting diode (LED) or equivalent energy - efficient lighting for outdoor lighting k. Use of Energy Star® exit lighting or exit signage 1. Use of T -8 lamps and electronic ballasts where applications of standard fluorescent fixtures are identified 75 m. Use of lighting power controllers in association with metal -halide or high - pressure sodium (high intensity discharge) lamps for outdoor lighting and parking lots n. Consideration of thermal energy storage air- conditioning for spaces or facilities that may require air- conditioning during summer, day -peak periods. o. For swimming pools and spas, incorporate solar heating, automatic covers, and efficient pumps and motors, as feasible. P. Consideration for participation in Advantage Services Programs such as: 1) New construction design review, in which the City cost - shares engineering for up to $10,000 for design of energy efficient buildings and systems 2) New Construction — cash incentives ($300 to $400 per kW reduction in load) for efficiency that exceeds Title 24 requirements 3) Green Building Program — offers accelerated plan approval, financial incentives, waived plan check fees and free technical assistance. MM 5.17 - Prior to issuance of each building permit, the property owner /developer shall submit plans and calculations to the City of Anaheim Planning and Building Department, Building Division, to demonstrate that the energy efficiency of each building will exceed the Title 24 Energy Efficiency Standards for Residential and Nonresidential Buildings current at the time of application by at least 10 percent. MM 5.17 - Prior to approval of a Final Site Plan, the property owner /developer shall coordinate with the Public Utilities Department to incorporate feasible renewable energy generation measures into the Project. These measures may include but not be limited to use of solar and small wind turbine sources on new and existing facilities and the use of solar powered lighting in parking areas. MM 5.19 - Prior to issuance of each building permit; to be implemented prior to final building and zoning Inspection, the property owner /developer shall submit Project plans to the Public Works Department for review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Act of 1989, as administered by the City of Anaheim and the County of Orange and 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 location and design of on -site recycling facilities. b. Providing on -site recycling receptacles to encourage recycling. c. Complying with all Federal, State and City regulation for hazardous material disposal. 76 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 /developer shall implement numerous solid waste reduction programs, as required by the Public Works Department, including, but not limited to: 1) Facilitating recycling by providing chutes or convenient locations for sorting and recycling bins. 2) Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and storing. 3) Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. 4) Providing trash compactors for non - recyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. 5) Prohibiting curbside pick -up. MM 5.19 - Ongoing during Project operation, the following practices shall be implemented, as feasible, by the property owner /developer: a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. e. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. MM 5.19 - Prior to issuance of each building permit, the Property Owner/Developer shall demonstrate that the plans include provisions for the installation of trash and recycle receptacles near all benches and near high traffic areas such as plazas, transit stops and retail and dining establishments. MM 5.19 - Prior to issuance of each grading and building permit, the Property Owner/Developer shall submit to the Planning Director or Planning Services Manager for approval a Construction Waste Management Plan that, at a minimum, specifies that at least 75 percent of non - hazardous construction and demolition debris shall be recycled or salvaged and identifies the materials to be diverted from disposal and whether the materials will be sorted on site or co- mingled. 77 Impacts Related to Noise Potential Impact. The Project would expose people to or generate (short-term) noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The Project would result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: Adverse noise impacts during construction would be localized and would occur intermittently for varying periods of time throughout the construction period. Construction of a development project would have the potential to create temporary, significant and unavoidable impacts at nearby noise - sensitive receptors, which would cease after construction. Construction activities associated with future development within the ARSP area have the potential to significantly impact noise - sensitive receptors. Further, if construction within the ARSP area were to occur simultaneously at two or more projects in close proximity, construction noise at sensitive receptors may be greater than for a single project and would be significant and unavoidable. Adherence to the standard requirements and implementation of the proposed mitigation measures would reduce potential impacts; however, these impacts may remain significant and unavoidable. This conclusion for temporary construction noise impacts is consistent with that provided in MEIR 313. MM 5.10 - Ongoing during construction, the property owner /developer shall ensure that all internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. MM 5.10 - Prior to approval of each final site plan, the property owner /developer shall submit a noise study prepared by a certified acoustical engineer to the satisfaction of the Building Division Manager identifying whether noise attenuation is required and defining the attenuation measures and specific performance requirements, if warranted, to comply with the Uniform Building Code and Sound Pressure Level 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. MM 5.10 - Prior to issuance of each building permit, for structures that are adjacent to noise - sensitive areas such as residences, the property owner /developer shall ensure that all mechanical ventilation units are shown on plans and installed in compliance with Sound Pressure Level Ordinance. 78 MM 5.10 - Prior to issuance of each building permit for a parking structure, the property owner /developer shall ensure that noise from parking structures adjacent to residential areas will be reduced by the provision of convenient access to parking facilities, sound attenuation devices (louvers and walls), the use of textured deck surfaces to reduce tire squalling, and tiering a parking facility to provide greater distance to the receptor. MM 5.10 - Prior to issuance of each building permit, a note shall be provided on building plans indicating that during construction, the property owner /developer shall install and maintain specially designed construction batriers at the Project perimeter areas. The construction sound barriers shall be a minimum height of 8 feet with a minimum surface weight of 1.25 pounds per square foot or a minimum Sound Transmission Class (STC) rating of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, astragals, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors should be self closing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision product. MM 5.10 - Ongoing during construction and Project operation, 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 AM and 8:00 PM. MM 5.10 - Ongoing during construction and Project operation, sweeping operations in the parking facilities and private on -site roadways shall be performed utilizing sweeping/scrubbing equipment which operate at a level measured not greater than 60 dBA at the nearest adjacent property line. MM 5.10 - Ongoing during construction, property owners /developers 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 and Building 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 PM and 7:00 AM 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. MM 5.10 - Prior to issuance of each building permit, the property owner /developer shall present plans and calculations to the Planning Department, Building Division to demonstrate that noise levels would be less than 65 dBA CNEL for outdoor use areas (including dining patios, pools, playgrounds, or outdoor gathering areas). This requirement can be accomplished through shielding areas behind buildings or the construction of a noise barrier. 79 MM 5.10 - 10 Prior to issuance of each building permit, the property owner /developer shall present plans and calculations to the Planning and Building Department, Building Division to demonstrate that noise levels from planned mechanical ventilation equipment, loading docks, trash compactors, and other proposed on -site noise sources are designed to meet the City's 60 dBA Sound Pressure Levels standard at the property line, and not create a noise increase greater than 5 dBA over existing ambient noise at the nearest noise sensitive receptor, whichever is more restrictive. MM 5.10 - 11 Prior to issuance of each building permit, a note shall be provided on plans indicating that there shall be no operation of large bulldozers or vibratory rollers within 25 feet of any existing residence. MM 5.10 - 12 Prior to issuance of each building permit if pile driving and blasting is anticipated during construction, a noise and vibration analysis must be prepared and submitted to the Planning and Building Department, Building Division, to assess and mitigate potential noise and vibration impacts related to these activities. Impacts Related to Transportation and Traffic Potential Impact. The Project would conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit. Finding: There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the fording that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or Project alternatives identified in the Final SEIR, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: The Proposed Project would have the potential to cause intersections, arterial segments, freeway ramp termini intersections, freeway ramps, freeway mainlines and freeway weaving areas to operate at unacceptable LOS. Under Year 2030 conditions, the Project would lead to significant adverse impacts at four freeway ramps; however, the necessary improvements are infeasible due to physical, right -of -way, and other environmental constraints, thereby resulting in a significant and unavoidable impact. Even with implementation of mitigation measures, potential impacts related to transportation and traffic will remain significant and unavoidable due to the infeasibility of necessary improvements. The Proposed Project would also create an adverse impact on weaving operations at one freeway ramp and cumulatively contribute to seven other weaving deficiencies. At intersections and arterial segments located in the City of Orange and on Caltrans facilities, including freeway ramps, mainline segments, and weaving segments, the City of Anaheim has no jurisdiction to 80 implement the improvements necessary to mitigate Project impacts. If improvements outside of the City are not completed for reasons beyond the City of Anaheim's control (e.g., the City of Anaheim cannot undertake or require improvements outside of Anaheim's jurisdiction or the City cannot construct improvements in the Caltrans right -of -way without Caltrans approval), traffic impacts on these facilities would remain significant and unavoidable. This conclusion is consistent with that provided in MEIR 313 for the original ARSP. MM 5.14 - Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner /developer shall prepare traffic improvement phasing analyses to identify when the improvements identified in this traffic analysis shall be designed and constructed. MM 5.14 - Prior to issuance of the first building permit for each building, the property owner /developer shall pay the appropriate Traffic Signal Assessment Fees and Transportation Impact and Improvement Fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City - authorized improvements provided by the property owner /developer. The property owner shall also and participate in all applicable reimbursement or benefit districts, which have been established. MM 5.14 - Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, the property owner /developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate arterial highway right(s) -of -way adjacent to their property as shown in the Circulation Element of the Anaheim General Plan. MM 5.14 - Prior to the final building and zoning inspection, the property owner shall join and financially participate in a clean fuel shuttle program such as the Anaheim Resort Transit system, and shall participate in the Anaheim Transportation Network in conjunction with the on -going operation of the Project. The property owner shall also record a covenant on the property that requires participation in these programs ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. MM 5.14 - Prior to the issuance of grading permits, the property owner /developer shall provide to the City of Anaheim Public Works Department a plan to coordinate rideshare services for construction employees with the Anaheim Transportation Network (ATN) for review and a approval and shall implement ATN recommendations to the extent feasible. MM 5.14 - Prior to the issuance of each building permit for a hotel development that exceeds 100 rooms per gross acre within the Commercial Recreation (C -R) District (Development Area 1) within the Convention Center (CC) Medium density category, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall 81 implement TDM measures sufficient to reduce the actual trip generation from the development to no more than the trips assumed by the City's traffic model. The form of the covenant shall be approved by the City Attorney's Office. MM 5.14 - Ongoing during construction, if the Anaheim Police Department or the Anaheim Traffic Management Center (TMC) personnel are required to provide temporary traffic control services, the property owner /developer shall reimburse the City, on a fair -share basis, if applicable, for reasonable costs associated with such services. MM 5.14 - Prior to the final building and zoning inspection, the property owner shall record a covenant on the property requiring that ongoing during Project implementation, the property owner /developer shall implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce Project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. MM 5.14 - Prior to the final building and zoning inspection, the property owner /developer shall provide to the City of Anaheim Public Works Department for review and approval a menu of TDM program strategies and elements for both existing and future employees' commute options, and incentives for hotel patrons transportation options. These options may include, but are not limited to, the list below. The property owner shall also record a covenant on the property requiring that the approved TDM strategies and elements be implemented ongoing during Project operation. The form of the covenant shall be approved by the City Attorney's Office prior to recordation. a. On -site services. Provide, as feasible and permitted, on -site services such as the food, retail, and other services. b. Ridesharing. Develop a commuter listing of all employee members for the purpose of providing a "matching" of employees with other employees who live in the same geographic areas and who could rideshare. c. Vanpooling. Develop a commuter 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 or participate in the existing vanpool programs. d. Transit Pass. Promote Orange County Transportation Authority (including commuter rail) passes through financial assistance and on -site sales to encourage employees to use the various transit and bus services from throughout the region. 82 e. Shuttle Service. Generate a commuter listing of all employees living in proximity to the Project, and offer a local shuttle program to encourage employees to travel to work by means other than the automobile. When appropriate, event shuttle service shall also be made available for guests. f. Bicycling. Develop a Bicycling Program be developed to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers should be provided as part of this program. Maps of bicycle routes throughout the area should be provided to inform potential bicyclists of these options. g. Guaranteed Ride Home Program. Develop 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. h. Target Reduction of Longest Commute Trip. Promote an incentive program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. i. Work Shifts. Stagger work shifts. j. Compressed Work Week. Develop a "compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. k. Telecommuting. Explore the possibility of a "telecommuting" program that would link some employees via electronic means (e.g., computer with modem). 1. Parking Management. 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. m. Access. Provide preferential access to high occupancy vehicles and shuttles. n. Financial Incentive for Ridesharing and/or Public Transit. Offer employees financial incentives for ridesharing or using public transportation. Currently, federal law provides tax -free status for up to $65 per month per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools. o. Financial Incentive for Bicycling. Offer employees fmancial incentives for bicycling to work. P. Special "Premium" for the Participation and Promotion of Trip Reduction. Offer ticket/passes to special events, vacations, etc. to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. q. Incentive Programs. Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. 83 MM 5.14 - 10 Prior to approval of each tentative tract or parcel map, 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 radii, and cul -de -sac radii. MM 5.14 - 11 Prior to the recordation of a subdivision map or issuance of the first building permit, whichever occurs first, in the event that a parcel is subdivided and there is a need for common on -site circulation and/or parking, prior to recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the Planning Director or Planning Services Manager, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning Department. If the reciprocal access is across parcel lines or if public rights of way are required for reciprocal access; Public Works approval shall be required. MM 5.14 - 12 Prior to the issuance of the first building permit, the location of any proposed gates across a driveway shall be subject to the review and approval of the City Engineer. Gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to the current version of Engineering Standard Detail No. 475. MM 5.14 - 13 Prior to the issuance of building permits, plans shall show that all driveways shall be constructed with a minimum fifteen (15) foot radius curb returns as required by the City Engineer, unless otherwise approved by the City Engineer. MM 5.14 - 14 Prior to the issuance of building permits or final map approval, whichever occurs first, 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 Engineer shall be posted with the City to guarantee the satisfactory completion of 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 and other appurtenant work, as required by the City Engineer and in accordance with the specifications on file in the office of the City Engineer, as may be modified by the City Engineer. Installation of said improvements shall occur prior to final building and zoning inspections. MM5.14 - 15 Based upon the improvement phasing analysis in the Project traffic study, the property owner /developer shall implement traffic improvements as identified in the Project traffic study to maintain satisfactory levels of service as defined by the City's General Plan, based on thresholds of significance, performance standards, and methodologies established by the Orange County Congestion Management 84 Program and the City of Anaheim Traffic Study Guidelines. The improvement phasing analyses will specify the timing, funding, construction, and fair -share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions. The property owner /developer shall construct, bond for or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager, unless alternative funding sources have been identified. MM 5.14 -16 Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, property owners /developers will determine when the intersection improvements shall be constructed, subject to the conditions identified in MM 5.14 -1. MM 5.14 -17 Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, the following actions shall be taken in cooperation with the City of Orange: a. The traffic improvement phasing analysis shall identify any impacts created by the Project on facilities within the City of Orange. The fair - share percentage responsibility for mitigating these impacts shall be calculated in this analysis. b. The City of Anaheim shall estimate the cost of the Project's fair -share responsibility in cooperation with the City of Orange. c. The property owner /developer shall pay the City of Anaheim the fair -share cost prior to issuance of a building permit. The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair -share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. MM 5.14 -18 Prior to approval of a Final Site Plan for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, in conjunction with the preparation of any traffic improvement phasing analyses as required in MM 5.14 -1, and assuming that a regional transportation agency has not already programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations, property owners /developers and the City will take the following actions in cooperation with Caltrans: 85 a. The traffic study will identify the Project's proportionate impact on the specific freeway mainline and/or freeway ramp locations and its fair -share percentage responsibility for mitigating these impacts based on thresholds of significance, performance standards, and methodologies established in the Orange County Congestion Management Program and the City of Anaheim Traffic Study Guidelines. b. The City shall estimate the cost of the Project's fair -share responsibility in cooperation with Caltrans. MM 5.14 - 19 Prior to the approval of the final subdivision map or issuance of building permits, whichever occurs first, the property owner /developer shall pay the identified fair - share responsibility as determined by the City as set forth in MM 5.14 -15. The City shall allocate the property owner /developer's fair -share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City, MM 5.14 - 20 Prior to the approval of a Final Site Plan, the property owner /developer shall meet with the Traffic and Transportation Manager to determine whether a bus stop(s) is required to be placed adjacent to the property. If a bus stop(s) is required, it shall be placed in a location that least impacts traffic flow and may be designed as a bus turnout or a far side bus stop as required by the Traffic and Transportation Manager and per the approval of the Orange County Transportation Authority (OCTA). MM 5.14 - 21 Prior to the first final building and zoning Inspection every property owner and/or lessee shall designate an on -site contact that will be responsible for coordinating with the ATN and implementing all trip mitigation measures. The on -site coordinator shall be the one point of contact representing the Project with the ATN. The TDM requirements shall be included in the lease or other agreement with all of the Project participants. MM 5.14 - 22 Subsequent to the certification of Final EIR No. 340, and prior to the approval of the first Final Site Plan, if the costs of the identified improvements in the Traffic Study Report for Amendment No. 14 to the Anaheim Resort Specific Plan cannot be covered by the total funding allocation under the existing City fee programs and funding sources, an update of the existing City traffic fee program or other fee programs shall be developed by the City of Anaheim to ensure completion of the recommended improvements. Impacts Related to Stormwater Potential Impact. The Project would require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. 86 Finding: With implementation of the mitigation program, the Proposed Project would result in less than significant Project impacts related to storm water. However, the Proposed Project's cumulative contribution to the regional storm water collection system would be significant and unavoidable because the City would have no control over the amount of storm water added to the system from other jurisdictions. There are no feasible mitigation measures that would reduce this impact to a less than significant level. Therefore, the City hereby makes the finding that such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency, which would require the adoption of a Statement of Overriding Considerations as a condition of Project approval. Facts in Support of Finding: Implementation of the Proposed Project may worsen several existing deficiencies within the City's storm drain system. Specific impacts are discussed above according to the drainage areas, resulting in significant impacts related to the storm drain facilities. However, the property owner /developer for each future development project will be required to participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies. Additionally, implementation of the proposed mitigation will ensure that impacts to regional flood control facilities are reduced to less than significant levels. Future growth under the Proposed Project will require the implementation of new or modified storm water drainage facilities that would connect to existing utility systems provided by the City of Anaheim and other agencies. All new growth within the ARSP area would occur in compliance with mitigation measures provided in the Draft SEIR; however, the City has no control over the growth and storm water contributions of areas outside of its jurisdiction. Any addition of storm water to the regional storm water system may be cumulatively considerable when combined with potential storm water flow increases from surrounding jurisdictions. Therefore, mitigation of these impacts would be outside of the City's jurisdiction, and the potential cumulative impact would be significant and unavoidable. With implementation of the mitigation program, the Proposed Project would result in less than significant Project impacts related to storm water. However, the Proposed Project's cumulative contribution to the regional storm water collection system would be significant and unavoidable because the City would have no control over the amount of storm water added to the system from other jurisdictions. There are no feasible mitigation measures that would reduce this impact to a less than significant level. MM 5.18 - Prior to approval of a final subdivision map, or issuance of a grading or building permit, whichever occurs first, the property owner /developer shall participate in the City's Master Plan of Storm Drains and related Infrastructure Improvement (Fee) Program to assist in mitigating existing and future storm drainage system deficiencies as follows: 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 property 87 owner /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 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 Master Plan of Drainage for the South Central Area. The property owner /developer shall be required to install the storm drainage 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 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 Infrastructure 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 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. MM 5.18 -2 Ongoing, the City shall work with the Orange County Flood Control District (OCFCD) to ensure that flood control facilities are well maintained and capable of accommodating, at a minimum, future 25 -year storm flows for City -owned and maintained facilities, and 100 -year storm flows for County facilities. Where improvements to local drainage facilities have the potential to increase discharges to County facilities, the City shall analyze potential impacts to County facilities in consultation with the Manager, County of Orange Flood Control Division. Encroachment Permits shall be obtained from the County's Public Property Permits Section for any activity performed within OCFCD's right of way. MM 5.18 -3 Prior to the issuance of building permits, the City shall require that building plans indicate that new developments will minimize stormwater and urban runoff into drainage facilities by incorporating design features such as detention basins, on- site water features, and other strategies. 88 5. FINDINGS REGARDING ALTERNATIVES The CEQA Guidelines requires that an EIR "describe a range of reasonable alternatives to the Project, or to the location of the Project, which could feasibly attain most of the basic objectives of the Project but would avoid or substantially lessen any of the significant effects of the Project, and evaluate the comparative merits of the alternatives" (CEQA Guidelines §15126.6[a]). Four alternatives were evaluated. The alternatives were previously addressed as part of Master EIR 313 and were developed to avoid or minimize impacts associated with implementation of the Proposed Project. The following alternatives were analyzed: • No- Project/Continuing Development • Modified Land Use Alternative: Includes incorporating the Hotel Circle Specific Plan area into the Project Area • Lower Intensity Land Use Alternative A • Lower Intensity Land Use Alternative B The City's findings and facts in support of findings with respect to each of the alternatives considered are provided below. Consistent with the guidance set forth in CEQA Guidelines Section 15126.6, the Findings address whether the alternative would feasibly attain most of the basic objectives of the Project; whether it would avoid or substantially lessen any of the significant effects of the Project; and whether the alternative is feasible, as defined by the CEQA Guidelines Section 15364, as being "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors ". No Project /Continuing Development Description: Implementation of this alternative would involve continued development of the ARSP; however, MEIR 313 would no longer be valid and all future development would be subject to individual environmental reviews. Environmental Effects: A full discussion of No Project/Continuing Development Alternative's environmental impacts as compared to the Proposed Project is set forth in Section 6.3.1.1 of the Final SEIR, which is hereby incorporated by reference. The No Project/Continuing Development Alternative would avoid all environmental impacts associated with Project implementation; however, MEIR 313 would no longer be valid and all future development would be subject to individual environmental reviews. Ability to Achieve Project Objectives: When evaluating the desirability and feasibility of an alternative, it is also important to evaluate the ability of the alternative to meet the Project objectives. An alternative does not need to meet all of the Project objectives to be considered potentially feasible. However, because future development projects cannot proceed, the No Project/Continuing Development Alternative would not fully satisfy any of the Project Objectives: • To maintain and encourage Anaheim's position as a nationally recognized tourist, convention, and recreation center. 89 • To increase sales tax yields and further enhance the economic base of the community, thereby lessening the tax burden on real property. • To encourage the development of quality facilities which complement conventions, family entertainment, and recreation within appropriate areas of the community. • To maintain the integrity of the Commercial- Recreation and Public - Recreation Districts by permitting only compatible land uses within these designated areas. • To foster the growth of the City's economic potential by revitalizing The Anaheim Resort. • To treat all landowners and users in The Anaheim Resort area fairly, while recognizing the economic and social needs of the entire City. • To ensure that development complements the City's investment in the Anaheim Convention Center and other area resources and interests. • To maintain and enhance existing recreation and convention - oriented land uses. • To protect adjacent residential land uses by buffering them from land use impacts associated with development of The Anaheim Resort. • To maintain or enhance traffic and circulation in and around The Anaheim Resort. • To provide convenient access to all hotel, restaurant, and retail opportunities in The Anaheim Resort to enhance the areawide tourist experience. • To protect adjacent residential neighborhoods from unnecessary intrusion by vehicles traveling to and from The Anaheim Resort. • To accommodate potential future regional transportation networks into the Plan. • To provide for necessary public infrastructure and services to maximize the development potential of The Anaheim Resort. • To create a coherent, unique resort identity that reinforces the image of The Anaheim Resort as a high - quality destination resort. • To establish a high - quality pedestrian environment. • To improve the aesthetic character of The Anaheim Resort by visually defining the boundaries with appropriate landscape treatments. Feasibility: This alternative is feasible; however, future development would not benefit from a streamlined environmental review process, thus resulting in a more costly and less time - efficient development process. In addition, development would not be subject to a consistent set of development standards to unify the Resort Area. The development that has progressed to date under the adopted development standards for the Specific Plan would not necessarily proceed as anticipated for one unified Area. Finding: While this alternative would avoid the Project's significant impacts, as individual development projects continue, it can be expected that similar impacts would occur on a cumulative basis. Therefore, the No Project/Continuing Development Alternative would place the burden of future significant, cumulative impacts on multiple, smaller projects. It would not achieve the objectives established for the Project. In light of these considerations, the City finds that the proposed Project is preferred over this alternative. 90 Modified Land Use Alternative Description: The Modified Land Use Alternative, as analyzed in MEIR 313, assumed implementation and build out of The Disneyland Resort Specific Plan; however, the 6.8 -acre Hotel Circle Specific Plan would be withdrawn, not approved, or not approved as proposed. Under this alternative, it was assumed that the 6.8 -acre property would be included as part of the ARSP which would permit development of up to 1,103 hotel units within the Hotel Circle Specific Plan area, which is the same density permitted under the Hotel Circle Specific Plan. The total number of acres within the ARSP would increase to a total of 556.3. Under current -day conditions, the Modified Land Use Alternative would not be feasible because the Hotel Circle Specific Plan has been approved and development has occurred according to the specific plan. Therefore, this alternative is not considered as an alternative to the currently Proposed Project and the City does not make a finding. Lower Intensity Land Use Alternative A: Year 2000 Scenario Description: The Lower Intensity Land Use Alternative A: Year 2000 Scenario assumed that development would be limited to implementation of the first stage of ARSP development (Year 2000). Specifically, the alternative assumed that all approved hotel /motel development within the ARSP would be constructed by Year 2000, which would include approximately 1,000 hotel rooms. Total build out of the ARSP under this alternative would result in approximately 12,190 hotel rooms by Year 2000 (11,190 existing rooms [i.e., at the time MEIR 313 was prepared] plus approximately 1,000 approved hotel rooms). Approximately 11,587 hotel rooms and hotel room equivalents exist in the ARSP, which is slightly less than the assumption for the Lower Intensity Land Use Alternative A. Although the scenario year would not be Year 2000, this alternative can be applied to the Proposed Project to represent a No Project/No Development Alternative. No additional development would be allowed and full build -out would remain as 11,587 hotel rooms and hotel room equivalents. Further, this alternative would not include expansion of the PR District. The purpose of describing and analyzing a no project alternative is to allow decision makers to compare the impacts of approving the Project with the impacts of not approving the Project. Consistent with Section 15126.6(e)(3)(B) of the CEQA Guidelines, the Lower Intensity Land Use Alternative A: Year 2000 Scenario is the circumstance under which the Project does not proceed. Under this alternative scenario, the Project site remains in its existing condition and only previously approved development occurs at the site. Therefore, this alternative addresses the Project in comparison to the existing condition, assuming no new development. Environmental Effects: A full discussion of the Lower Intensity Land Use Alternative A: Year 2000 Scenario's environmental impacts, as compared to the proposed Project, is set forth in Section 6.3.3 of the Final SEIR, which is hereby incorporated by reference. The Lower Intensity Land Use Alternative A: Year 2000 Scenario would avoid all environmental impacts associated with Project implementation. Ability to Achieve Project Objectives: This alternative would fail to achieve established objectives for the Proposed Project related to increasing revenues and enhancing current conditions. Specifically, implementation of this alternative would be inconsistent with the following 12 of the Project's 16 objectives. 91 • To maintain and encourage Anaheim's position as a nationally recognized tourist, convention, and recreation center. • To increase sales tax yields and further enhance the economic base of the community, thereby lessening the tax burden on real property. • To encourage the development of quality facilities which complement conventions, family entertainment, and recreation within appropriate areas of the community. • To foster the growth of the City's economic potential by revitalizing The Anaheim Resort. • To treat all landowners and users in The Anaheim Resort fairly, while recognizing the economic and social needs of the entire City. • To ensure that development complements the City's investment in the Anaheim Convention Center and other area resources and interests. • To maintain and enhance existing recreation and convention oriented land uses. • To maintain or enhance traffic and circulation in and around The Anaheim Resort. • To provide convenient access to all hotel, restaurant, and retail opportunities in The Anaheim Resort to enhance the area -wide tourist experience. • To protect adjacent residential neighborhoods from unnecessary intrusion by vehicles traveling to and from The Anaheim Resort. • To accommodate potential future regional transportation networks into the Plan. • To provide for necessary public infrastructure and services to maximize the development potential of The Anaheim Resort. Feasibility: This alternative is considered feasible as it appears to be capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors; however, it would not achieve the overall purpose of the Project. Finding: Overall, this alternative would avoid all potential impacts associated with the Project, both positive and negative. However, this alternative would fail to achieve established objectives for the Proposed Project related to increasing revenues and enhancing current conditions. This alternative would not meet the fundamental tenets of the Project, being (1) the continued development in accordance with the ARSP, as defined in MEIR 313 and (2) subsequent amendments and adjustments and expanding the Anaheim Convention Center. In light of these considerations, the City finds that the proposed Project is preferred over this alternative. Lower Intensity Land Use Alternative B: Year 2008 Scenario Description: Implementation of this alternative, as analyzed in MEIR 313, would allow for development of up to 16,200 hotel rooms within the ARSP by Year 2008. In comparison with the currently Proposed Project, this alternative would allow for development of up to 16,200 hotel rooms within the ARSP over a 14 -year period, with the build out year changing to Year 2024. This is a net increase of 4,613 hotel rooms or hotel room equivalents over existing development. This would be approximately 1/5 of the total allowable increase associated with the Proposed Project (20,913 92 hotel rooms or hotel room equivalents). The Project area would encompass the current ARSP area, which has been expanded since certification of MEIR 313 and now includes approximately 581.3 acres. Further, this alternative would not include expansion of the PR District. Environmental Effects: A full discussion of this alternative's environmental impacts as compared to the proposed Project is set forth in Section 6.3.4 of the Final SEIR, which is hereby incorporated by reference. The Lower Intensity Land Use Alternative B: Year 2008 Scenario would result in similar impacts as the Project to the following environmental factors: aesthetics, biological resources, cultural resources, geology and soils, agriculture and forestry, cultural resources, hazardous materials, hydrology and water quality, recreation, and traffic. This alternative would have an incremental reduction of impacts compared to the Project in the following areas: • Air Quality —The duration of construction activities associated with this alternative would be reduced due to the overall reduction in development. Mitigation measures similar to those identified throughout the Draft SEIR would be required; however, impacts related to daily construction emissions would continue to potentially exceed established air pollutant criteria because the daily construction activities are assumed to be similar to the Proposed Project and would just occur over a shorter duration due to fewer construction projects. This alternative would result in a significant and unavoidable impact which is consistent with the Proposed Project. Long -term air quality impacts would be similar to the Proposed Project since the proposed uses would be similar and the amount of daily traffic would not be substantially reduced (refer to Transportation and Traffic discussion, below). Mitigation measures similar to those identified throughout the Draft SEIR would be required; however, it is expected that impacts would remain significant and unavoidable which is consistent with the Proposed Project • Greenhouse Gas Emissions — Implementation of this alternative would result in development of the same types of urban uses as would the Proposed Project; however, the overall density of development within the ARSP would be reduced. Impacts associated with Greenhouse Gas Emissions associated with use of the hotel rooms (i.e., lighting, heating, and cooling) would be reduced due to the overall reduction in scale between the Proposed Project and this alternative. However, because it is reasonable to assume that the overall demand for hotel rooms would remain fairly consistent, the GHG emissions may be displaced outside of the ARSP area, but would still occur within the region. There would be an incremental decrease associated with reduction in housing required to accommodate the additional workers (see Population and Housing discussion, below). It should be noted that, since the majority of GHG emissions are due to vehicular emissions, the assumption that the amount of daily traffic would not be substantially reduced under this alternative (refer to Transportation/Traffic discussion, below) means that vehicular emissions would be similar to the Proposed Project. Mitigation measures similar to those identified throughout the Draft SEIR would be required; however, it is expected that impacts would remain significant and unavoidable, which is consistent with the Proposed Project. • Land Use and Planning— Implementation of this alternative would result in development of the same types of urban uses as would the Proposed Project. Development would be consistent 93 with the current general plan and the ARSP. Land use impacts associated with future ARSP development would be anticipated to be less than those identified for the Proposed Project because the reduction in development would reduce potential opportunities for land use incompatibilities. Similar to the Proposed Project, this alternative would result in less than significant impacts related to land use and planning. • Noise — The duration of construction noise associated with this alternative would be reduced due to the overall reduction in development. Mitigation measures similar to those identified throughout the Draft SEIR would be required; however, impacts related to construction would continue to potentially exceed established noise criteria, thereby resulting in a significant and unavoidable impact, which is consistent with the Proposed Project. Long -term noise impacts would be similar to the Proposed Project since the types of proposed uses would be similar and the amount of daily traffic would not be significantly reduced. Mitigation measures similar to those identified throughout the Draft SEIR would be required, which would reduce impacts related to long -term operations to less than significant levels. • Population and Housing This alternative would generate approximately 4,152 jobs, which represents an approximately 78 percent decrease from the Proposed Project. The decrease in job creation would result in a decreased housing demand and a reduced population increase when compared to the Proposed Project. Impacts related to housing and population would be reduced in comparison to the Proposed Project. The housing and population impacts of this alternative and the Proposed Project would be less than significant. • Public Services and Utilities — The reduction in allowable development would result in a decreased demand for public services and utilities. As discussed throughout the Draft SEIR, no significant impacts on public services and utilities would occur after mitigation except for potential cumulative impacts related to storm water facilities. Impacts associated with this alternative would be similar because the same physical area would be subject to development. Due the reduced number of hotel rooms allowed, it is assumed that the amount of pervious surface associated with this alternative may be reduced in comparison to the Proposed Project. However, similar mitigation measures would be required to those identified throughout the Draft SEIR, resulting in an overall reduction in consumption and demand for public services and utilities, which would, in turn, reduce impacts to levels less than significant except for impacts to storm water facilities. Similar to the Proposed Project, the City of Anaheim cannot control storm water discharges from outside its jurisdictional boundaries. Because storm water flows from Anaheim enter into regional facilities, any contribution that the City of Anaheim makes has the potential to exceed capacity of regional facilities due to the volumes contributed by other jurisdictions. Although storm water flows may be reduced due to a reduced level of development and associated amount of impervious surface areas, this cumulative impact would remain significant as with the Proposed Project. • Recreation — The reduction in allowable development would result in a decreased demand for public services, including indirect impacts to recreational and park facilities. Similar to the Proposed Project, no significant impacts on recreation would occur assuming adherence to the standard requirements, which requires provision of parkland to the City of Anaheim and /or the payment of fees, consistent with the Anaheim Municipal Code, Section 17.08.250. 94 • Transportation and Traffic— Development of this alternative would reduce impacts related to traffic based on an overall reduction in vehicle trips associated with hotel uses. However, development of this alternative would not alter the visitor demand for local tourist attractions, such as the Anaheim Convention Center and The Disneyland Resort. Rather, it is possible that an increased amount of vehicular traffic may occur within the ARSP area due to the lack of adequate, local hotel and motel accommodations to house visitors and encourage pedestrian travel from one attraction to another. Visitors would be forced to find alternative accommodations outside the ARSP, which would increase traffic flow into the area on a daily basis. Therefore, impacts associated with this alternative would be similar to the Proposed Project and would be significant and unavoidable. Ability to Achieve Project Objectives: This alternative would not support all of the identified Project objectives. Implementation of this alternative would result in the elimination of expansion of development within the PR District and would be inconsistent with the following nine objectives of the Proposed Project's sixteen objectives. • To maintain and encourage Anaheim's position as a nationally recognized tourist, convention, and recreation center. • To increase sales tax yields and further enhance the economic base of the community, thereby lessening the tax burden on real property. • To encourage the development of quality facilities which complement conventions, family entertainment, and recreation within appropriate areas of the community. • To foster the growth of the City's economic potential by revitalizing The Anaheim Resort. • To ensure that development complements the City's investment in the Anaheim Convention Center and other area resources and interests. • To maintain and enhance existing recreation and convention - oriented land uses. • To maintain or enhance traffic and circulation in and around The Anaheim Resort. • To provide convenient access to all hotel, restaurant, and retail opportunities in The Anaheim Resort to enhance the areawide tourist experience. • To protect adjacent residential neighborhoods from unnecessary intrusion by vehicles traveling to and from The Anaheim Resort. Feasibility: This alternative is considered feasible as it appears to be capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors; however, it would not achieve the overall purpose of the project. Finding: While this alternative would lessen some of the environmental effects of the proposed Project, it would not eliminate the significant and unavoidable impacts related to aesthetics, short- and long -term air quality emissions, greenhouse gas emissions, short-term noise impacts, transportation/traffic impacts, cumulative stormwater impacts identified for the proposed Project. While this alternative is feasible, because it would not eliminate the significant and unavoidable 95 impacts, would not meet all project objectives, and would generally result in similar to slightly reduced environmental impacts, the City finds that the proposed Project is preferred over this alternative. 96 6. STATEMENT OF OVERRIDING CONSIDERATIONS Introduction The City of Anaheim is the Lead Agency under CEQA for preparation, review, and certification of the Final SEIR for the Amendment No. 14 to the Anaheim Resort Specific Plan Project. As the Lead Agency, the City is also responsible for determining the potential environmental impacts of the proposed action and which of those impacts are significant, and which can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action against its significant unavoidable adverse environmental impacts in determining whether or not to approve the proposed Project. In making this determination the City is guided by CEQA Guidelines Section 15093 which provides as follows: CEQA requires the decision - making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region -wide or statewide environmental benefits, of a proposal (sic) project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in an EIR and thereby leave significant unavoidable effects, the public agency must also find that overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects of the project. Pursuant to Public Resources Code Section 21081(b) and the CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed Project against the following unavoidable adverse impact associated with the proposed Project and has adopted all feasible mitigation measures with respect to this impact. The City also has examined alternatives to the proposed Project, none of which 97 both meet the Project objectives and is environmentally preferable to the proposed Project for the reasons discussed in the Section 5 of these Findings. The City of Anaheim, the Lead Agency for this Project, and having reviewed the Final SEIR for the Amendment No. 14 to the Anaheim Resort Specific Plan Project, and reviewed all written materials within the City's public record and heard all oral testimony presented at public hearings, adopts this Statement of Overriding Considerations, which has balanced the benefits of the Project against its significant unavoidable adverse environmental impact in reaching its decision to approve the Project. Significant Unavoidable Adverse Environmental Impacts Although most potential Project impacts have been substantially avoided or mitigated, as described in the Findings, there remains nine Project impacts for which complete mitigation is not feasible. For these impacts, mitigation measures were identified and adopted by the Lead Agency where appropriate, however, even with implementation of the measures, the City finds that the impacts cannot be reduced to a level of less than significant. The impacts and alternatives are described below and were also addressed in the Findings. The EIR identified the following unavoidable adverse impact of the proposed Project: Aesthetics 1. Buildout of the C -R District has the potential to introduce structures which may create a significant shade and shadow impact on surrounding properties, which may result in a significant and unavoidable impact. Air Quality 1. Construction emissions of volatile organic compounds (VOCs) and long -term operational emissions of VOC, nitrogen oxides (NOx), carbon monoxide (CO), respirable particulate matter with a diameter less than 10 microns (PM10), and fine particulate matter with a diameter less than 2.5 microns (PM 2.5) would exceed the South Coast Air Quality Management District (SCAQMD) CEQA significance thresholds and the impact would be significant and unavoidable. Local PM10 and PM2.5 emissions would exceed the SCAQMD CEQA significance thresholds for short-term periods when excavation would occur near sensitive receptors; the impact would be significant and unavoidable. 2. Build out of the Anaheim Resort Specific Plan (ARSP) would result in long -term emissions of VOC, NOx, CO, PM10, and PM2.5 that would exceed the SCAQMD CEQA significance thresholds, resulting in a potentially cumulatively considerable contribution to existing occasional ozone, nitrogen dioxide (NO2), PM10, and PM2.5 standard violations. Therefore, the Proposed Project would have a significant cumulative air quality impact. The implementation of the proposed mitigation would reduce vehicle emissions of nonattainment pollutants, but the reductions would be relatively small compared to the total magnitude of the emissions and would not reduce emissions to less than the SCAQMD CEQA thresholds. Therefore, the impact would be significant and unavoidable. 98 3. Short-term exposure of persons to PM10 and PM2.5 concentrations exceeding the SCAQMD CEQA significance thresholds would occur during excavation near sensitive receptors; the impact would be significant and unavoidable. 4. The Proposed Project would conflict with the applicable air quality plan; the impact would be significant and unavoidable. Greenhouse Gas Emissions 1. Direct and indirect GHG emissions would be cumulatively considerable and would create a significant impact. GHG reductions would be achieved with implementation, at the statewide level, of the measures described in Section 5.6.2 of the Draft SEIR. Additional GHG reductions would be achieved with implementation of the proposed mitigation measures; however, these impacts would remain cumulatively considerable and would be significant and unavoidable. Noise 1. Construction activities associated with future development within the ARSP have the potential to significantly impact noise - sensitive receptors. Adherence to the standard requirements and implementation of the proposed mitigation measures would reduce potential impacts; however, these impacts would remain significant and unavoidable. Transportation and Traffic 1. Within the Cities of Anaheim and Orange and within California Department of Transportation (Caltrans) facilities, the Proposed Project would have the potential to cause intersections, arterial segments, freeway ramp termini intersections, freeway ramps, freeway mainlines, and freeway weaving areas to operate at unacceptable levels of service (LOS). Because all needed roadway and intersection improvements within the City of Anaheim may not be feasible for reasons discussed in Section 5.14, Transportation and Traffic of the Draft SEIR, traffic- related impacts in the City of Anaheim would be significant and unavoidable. The Proposed Project's contribution to traffic volumes and levels of service at intersections in the City of Orange and at freeway ramps and mainlines are considered significant and unavoidable since the City has no jurisdiction over the necessary improvements at these locations. Even with compliance with the standard requirements and implementation of the proposed mitigation measures, potential impacts related to transportation and traffic would remain significant and unavoidable. Storm Water 1. Future growth under the Proposed Project will require the implementation of new or modified storm water drainage facilities that would connect to existing utility systems provided by the City of Anaheim and other agencies. All new growth within the ARSP area would occur in compliance with mitigation measures provided in the Draft SEIR; however, the City has no control over the growth and storm water contributions of areas outside of its jurisdiction. Any addition of storm water to the regional storm water system may be cumulatively considerable when combined with potential storm water flow increases from surrounding jurisdictions. Therefore, mitigation of these impacts would be outside of the City's jurisdiction, and the potential cumulative impact could be significant and unavoidable if development in the surrounding jurisdictions occurs without upgrades to the storm water infrastructure The Draft SEIR identified four alternatives to the Project and analyzed whether these alternatives could avoid or substantially lessen the unavoidable environmental impacts of the proposed Project. While 99 some of the alternatives could lessen or avoid the unavoidable impacts of the proposed Project, none the alternatives achieved all of the Project Objectives set forth for the Project, consequently, for the reasons set forth in Section 5 of these Findings, none of the alternatives were determined to be preferable to the proposed Project: • No- Project/Continuing Development • Modified Land Use Alternative: Includes incorporating the Hotel Circle Specific Plan area into the Project Area • Lower Intensity Land Use Alternative A • Lower Intensity Land Use Alternative B The City, after balancing the specific economic, legal, social, technological, and other benefits including region -wide or statewide environmental benefits, of the Proposed Project, has determined that the unavoidable adverse environmental impacts identified above may be considered acceptable due to specific considerations which outweigh the unavoidable, adverse environmental impacts of the Proposed Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and State CEQA Guideline Section 15093. MEIR 313 Statement of Overriding Considerations A Statement of Overriding Considerations was adopted for MEIR 313. The following overriding considerations of economic, legal, social, technological or other benefits were prepared for the original adoption of the Anaheim Resort Specific Plan. These benefits were determined to outweigh the Project's adverse environmental effects and justified approval of the Anaheim Resort Specific Plan and certification of MEIR 313. Increased Revenues for City, County and State The Anaheim Resort Specific Plan will produce substantial beneficial fiscal impacts. The Project will directly generate significant revenues in property taxes, sales taxes, hotel taxes, and miscellaneous taxes and fees to the City of Anaheim, County of Orange and State of California. Evidence of the substantial fiscal benefits of the Project has been documented by the City (see, e.g. EPS 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 enhanced services and infrastructure facilities throughout the City. Additionally, the Project crease economic benefits from induced economic activity in the City and the surrounding region; however, these multiplier effects are somewhat speculative, and have not been calculated in the fiscal analysis. 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 and Convention Bureau (VCB), which tracks the county's tourists, estimated that 40 million people 100 visited the Convention Center, 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. 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 industries. The Anaheim Resort (previously names the 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 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 enabling it to evolve to meet current market demands for a newer, upgraded resort area 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 infrastructure facilities, landscaping /identity enhancements and development opportunities created by the Project, the area and its tax, convention and tourism base will decline. Provision of Visual Amenities The Anaheim Resort currently presents a visually confusing identity due to an abundance of large signs, varying architectural quality, the presence of overhead utilities, and 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 concept of the 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. Provision for Needed Infrastructure Improvements The Anaheim Resort Specific Plan makes provision for needed infrastructure improvements. Much of the area's current infrastructure (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 proposed Hotel Circle Specific Plan area. The infrastructure 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 the 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. 101 Enhancement of Commercial - Recreation Area Synergy 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 (referred to as the "Platinum Triangle "). The development and enhancement of the Anaheim Resort Specific Plan area will increase the synergy in the area from which all of the area major attractions (Anaheim Convention Center, Disneyland, Anaheim Stadium (Angel Stadium of Anaheim), The Arrowhead Pond at Anaheim (Honda Center)) will benefit. 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 forego overnight stays in favor of more frequent day trips. 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. Streamlined Entitlement Procedure The Anaheim Resort Specific Plan EIR 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 infrastructure 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 of 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. 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 City of Anaheim has prepared the Anaheim Resort Specific Plan to 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 positions as one of the country's premiere vacation destinations. Without the Project, the lack of development capacity and the lack of coordinated infrastructure and development planning will cause the area to decline in visitation and economic viability. 102 Facilitation and Implementation of the General Plan The Anaheim Resort Specific 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 General Plan elements. The four main objectives are furthered by the Anaheim Resort Specific Plan in the following manner: • General Community Objective 1 — Maintain and enhance the residential environment of Anaheim's living area. Implementation: This objective will be furthered through development of setback areas, landscaped buffers between the Specific Plan and residential properties, and increased setbacks from multi -story buildings. • 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, lodging, dining facilities, and shopping opportunities, jobs will be created, and visitors will be encourages 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 18,116 jobs will be created, plus substantial employment in the construction sector. • General Community Objective 3 — Maintain and encourage Anaheim 's positions 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. • General Community Objective 4 — Provide all working, living and recreation area with a full range of community facilities and services. Implementation: An objective of the Anaheim Resort Specific Plan is to improve public infrastructure, 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. 103 Deterrence of Negative Impacts of the No- Project /Continuing Development Alternative 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 infrastructure 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. Given the current economic situation, adequate public funds will not be available for capital infrastructure improvements. 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 further decline in the 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 infrastructure and economic viability of the area. Amendment No. 14 to the Anaheim Resort Specific Plan Project The benefits listed above for MEIR 313 and the adoption of the Anaheim Resort Specific Plan continue to be applicable to the Amendment No. 14 to the Anaheim Resort Specific Plan Project. Since the adoption of the Anaheim Resort Specific Plan, The Anaheim Resort has been transformed through streetscape and pedestrian improvements, a coordinated sign program and the construction and refurbishment of many hotels and restaurants. The Anaheim Convention Center has been improved and expanded, becoming both LEED - certified and the largest convention center on the west coast. In the adjacent Disneyland Resort Specific Plan area, Disney's California Adventure Theme Park, Downtown Disney, Disney's Grand California Hotel and Anaheim GardenWalk have been constructed and continually improved, along with ongoing improvements to the Disneyland Theme Park. The coordination between the Anaheim Resort Specific Plan and the Disneyland Resort Specific Plan have resulted in The Anaheim Resort becoming a visually consistent and vibrant, multi -day destination. The Platinum Triangle, which includes Angels Stadium, Honda Center and the City National Grove of Anaheim, was designed to be complementary to The Anaheim Resort to enhance synergy between these two commercial- recreation areas. Planned and constructed streetscape improvements along Katella Avenue are intended to create this cohesive experience. Current transportation improvements, such extension of Gene Autry Way and Anaheim Regional Transportation Intermodal Center (ARTIC), as well as, and future transportation initiatives, such as Anaheim Rapid Transit (ARC) will continue this synergy. The increase in development intensity analyzed for the Anaheim Convention Center will allow this facility to expand over time to meet diverse and competitive convention and meeting space requirements. In addition, there are a number of hotels and restaurants within The Anaheim Resort at various stages in the development process. While some of these projects are currently undergoing independent environmental review, approval of the proposed project would allow similar projects, as well as future projects, to move forward with streamlined environmental review and clear, well - defined development standards. Hotel and restaurant development that meet Code requirements, as determined by a Final Site Plan application, will not be subject to discretionary approval. This will 104 expedite a property owner's ability to move forward with development of his or her property and likely save the property owner both time and money. The City, after balancing the specific economic, legal, social, technological, and other benefits including region -wide or statewide environmental benefits, of the Proposed Project, has determined that the unavoidable adverse environmental impacts identified by Final SEIR 340 may be considered acceptable due to the foregoing specific considerations which outweigh the unavoidable, adverse environmental impacts of the Proposed Project, each of which standing alone is sufficient to support approval of the Project, in accordance with CEQA Section 21081(b) and State CEQA Guideline Section 15093. 105 EXHIBIT "B" MITIGATION MONITORING PROGRAM NO. 85C [Behind this sheet.] 106 �� ' • U ' b U 'b .'.s �� • �, A wn -0 O .`'+ .F+ to p . i 0 I • r o T o 5 ° �/N • V o o 'er aQ 0 U° 0. 0 o 0 E g 0, cd •~ 4-+ F. U 0 U p 4 t. y ca U 0 v • ~ y ° bA G 3 t N • 1 • tO � '.� , 0 'b • U E 5 b 0 0)) N y. ^C �� U p O" O �, td U '� U w p O • a 2 -- -0 4 . V V i-, � E al g 0,0 O U. 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