Resolution-PC 2016-002RESOLUTION NO. PC2016-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN ADDENDUM TO THE POINTE ANAHEIM INITIAL
STUDY/MITIGATED NEGATIVE DECLARATION AND DETERMINING THAT SAID
ENVIRONMENTAL DOCUMENTATION SERVES AS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED
VARIANCE NO. 2015-05035 AND FINAL SITE PLAN NO. 2015-00002 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00094)
(1775 SOUTH CLEMENTINE STREET)
WHEREAS, in conjunction with the approval of actions that established the Pointe
Anaheim Overlay and provided for the development of the Pointe Anaheim Lifestyle Retail and
Entertainment Complex ("Pointe Anaheim Project", later renamed the "Anaheim GardenWalk
Project"), on June 22, 1999, the City Council adopted its Resolution No. 99R-133 approving an
Initial Study/Mitigated Negative Declaration (herein referred to as the "IS/MND"), including
Mitigation Monitoring Plan No. 004, as the environmental documentation for the project actions
described therein, including the development of up to three hotels comprising a maximum of
1,050 hotel rooms/suites with related accessory retail uses; and
WHEREAS, on February 26, 2002, in conjunction with the approval of amendments to
the Pointe Anaheim Project that included reducing the entertainment component of the project
and increasing the hotel component to a maximum of four hotels with a total of 1,662 rooms, the
City Council adopted Resolution No. 2002R-53, approving an Addendum to the IS/MND (herein
referred to as the "First Addendum") and determining its adequacy to serve as the required
environmental documentation for the proposed project actions; and
WHEREAS, on April 11, 2006, in conjunction with the approval of amendments to the
Land Use Element of the General Plan, which, among other things, amended certain aspects of
the Pointe Anaheim Project that included reducing the total maximum number of hotel rooms to
1,628 rooms, the City prepared a Second Addendum to the IS/MND (herein referred to as the
"Second Addendum"), and the City Council determined, by its adoption of Resolution No. 2006-
061 on April 11, 2006, that the Second Addendum, together with Mitigated Monitoring Program
No. 004a, was adequate to serve as the environmental documentation for the amendments to the
Land Use Element of the General Plan and, by extension, the Pointe Anaheim Project; and
WHEREAS, on August 16, 2011, in conjunction with the approval of amendments to the
Land Use Element of the General Plan, which, among other things, had the effect of amending
the Pointe Anaheim/GardenWalk Project (but did not affect the hotel component of the project),
the City prepared a Third Addendum to the IS/MND (herein referred to as the "Third
Addendum"), and the City Council determined, by its adoption of Resolution No. 2011-119, that
the Third Addendum, together with Mitigated Monitoring Program No. 004a, was adequate to
serve as the environmental documentation for the amendments to the Land Use Element of the
General Plan and, by extension, the project; and
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WHEREAS, on May 26, 2009, the City Council approved an Economic Assistance
Agreement that allowed GardenWalk Hotel I, LLC (the "Developer"), the developer of two of
the hotels ("Hotels") previously approved as part of the Pointe Anaheim/GardenWalk Project
and the applicant for Final Site Plan No. 2015-00002 and Variance No. 2015-05035, now
pending, to receive a portion of the Transient Occupancy Tax generated by the Hotels over a 15 -
year period, up to a total of $76.3 million, which agreement was amended by that certain
Amendment No. 1 to Economic Assistance Agreement by and between the City and the
Developer, dated as of July 1, 2010 (hereinafter, collectively, the "Original Agreement'); and
WHEREAS, the Developer subsequently requested an amendment to the Original
Agreement to provide financial assistance to the Developer and further proposed breaking the
Original Agreement into two separate Economic Assistance Agreements, one for each of the
Hotels; and
WHEREAS, in connection with the proposed two Economic Assistance Agreements, a
fourth Addendum to the previously -approved IS/MND, dated March 27, 2013 (herein referred to
as the "Fourth Addendum") was prepared and the City Council determined, by its adoption of
Resolution No. 2013-069 on May 14, 2013, that the Fourth Addendum was adequate to serve as
the environmental documentation for the proposed Economic Assistance Agreements;
WHEREAS, the Final EIR, the IS/MND, the First Addendum, the Second Addendum,
the Third Addendum and the Fourth Addendum, together with the related Mitigation Monitoring
Programs, shall be referred to herein collectively as the "CEQA Documents"; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified petition for (a) Final Site Plan No. 2015-00002
to permit the construction of a 12 -story, 466 -room luxury hotel with two levels of subterranean
parking, and (b) Variance No. 2015-05035 to permit a front setback that is smaller than required
by the Anaheim Municipal Code (the "Code") (collectively referred to herein as the "Proposed
Project') for certain real property located at 1775 South Clementine Street in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, consisting of approximately 2.84 acres of vacant land, is
designated by the Anaheim General Plan for Commercial Recreation land uses. The Property is
located within the boundaries of the Anaheim GardenWalk Overlay of the Disneyland Resort
Specific Plan and is, therefore, subject to the zoning and development standards set forth in
Section 18.114.105 (Anaheim GardenWalk Overlay) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 11, 2016 at 5:00 p.m., 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 Code, to
hear and consider evidence for and against said proposed Variance No. 2015-05035 and Final Site
Plan No. 2015-00002 to investigate and make findings and recommendations in connection
therewith; and
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WHEREAS, in connection with the Proposed Project, an Addendum to the previously -
approved Pointe Anaheim Initial Study and Mitigated Negative Declaration, dated December
2015 (the "Fifth Addendum"), a copy of which is on file in the Planning Department and
incorporated herein by this reference as though set forth in full, has been prepared in order to
determine whether any significant environmental impacts which were not identified in the
previously -approved CEQA Documents would result or whether previously identified significant
impacts would be substantially more severe;
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the
preparation and consideration of environmental documents for the Proposed Project; and
WHEREAS, in connection with the Proposed Project and the Planning Commission's
review of the Fifth Addendum, the Planning Commission has independently reviewed all of the
CEQA Documents and has exercised its independent judgment in making the findings and
determinations set forth below; and
WHEREAS, based upon a thorough review of the Proposed Project, the Fifth Addendum,
the CEQA Documents, and the evidence received to date, this Planning Commission hereby finds
and determines pursuant to the requirements of the California Environmental Quality Act
("CEQA"), as follows:
1. That the Fifth Addendum was prepared in compliance with the
requirements of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual.
2. That based upon the evidence submitted and as demonstrated by the
analysis included in the Fifth Addendum, none of the conditions described in Sections 15162 or
15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR
or negative declaration have occurred; specifically:
a. There have not been any substantial changes in the Anaheim
GardenWalk Project that require major revisions of the previous CEQA Documents
because of new significant environmental effects or a substantial increase in the severity
of previously identified significant effects;
b. There have not been any substantial changes with respect to the
circumstances under which the Anaheim GardenWalk Project is undertaken that require
major revisions of the previous CEQA Documents due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects; and
C. There is no new information of substantial importance, which was
not known and could not have been known with the exercise of reasonable diligence at
the time the previous CEQA Documents were adopted, that shows any of the following:
(a) the Proposed Project will have one or more significant effects not discussed in the
previous CEQA Documents; (b) significant effects previously examined will be
substantially more severe than shown in the previous CEQA Documents; (c) mitigation
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measures or alternatives previously found not to be feasible would, in fact, be feasible
and would substantially reduce one or more significant effects of the project, but the
project proponents decline to adopt the mitigation measure or alternative; or (d)
mitigation measures or alternatives which are considerably different from those analyzed
in the previous CEQA Documents would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the mitigation
measure or alternative; and
3. The previously -approved CEQA Documents, together with the Fifth
Addendum, are adequate to serve as the required environmental documentation for the Proposed
Project and that no further environmental documentation need be prepared; and
WHEREAS, the Planning Commission has reviewed and considered Mitigation
Monitoring Plan No. 326 ("MMP No. 326"), incorporated herein by this reference, which was
prepared for the Proposed Project and includes mitigation measures specific to the Proposed
Project, and, in accordance with the requirements of CEQA, finds and determines that, with the
imposition of identified mitigation measures, the Proposed Project will not result in any new
significant impacts to the environment and there is no substantial evidence that the Proposed
Project will have a significant effect on the environment; and
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing with respect to the request to with two levels of subterranean parking and a front
setback that is smaller than required by the Code, has determined that Variance No. 2015-05035
should be approved for the following reasons:
SECTION NO. 18.114.105.060.0601 Setbacks from Abutting Public Rights -of -Way.
(30 feet required; 20 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the proposed Project. The property is irregularly shaped and
development is affected by the existing configuration of the GardenWalk complex. The building
complies with, and substantially exceeds, the minimum setback requirement for 84% of the
Clementine Street frontage and the portion of the proposed hotel that would encroach into the
setback would align with the abutting portion of the GardenWalk building.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity due to the limited developable area, specifically the irregular shape
of the property.
WHEREAS, the Planning Commission does further find and determine that the request
for a Final Site Plan should be approved for the following reasons:
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1. Subject to compliance with the conditions of approval attached to this Resolution as
Exhibit B and incorporated herein by this reference, the Final Site Plan, including its design and
layout, complies with the Disneyland Resort Specific Plan No. SP92-1 and is consistent with the
zoning and development standards of said Specific Plan, as described in Chapter 18.114 of the
Code, with the exception of the variance described herein as Variance No. 2015-05035.
2. The design and layout of the Proposed Project will not interfere with the use and
enjoyment of neighboring existing or future developments, and will not create traffic or
pedestrian hazards.
3. The architectural design of the Proposed Project is compatible with the character of
the surrounding hotels and development located within the land area of the Disneyland Resort
Specific Plan.
4. The design of the Proposed Project will provide a desirable environment for its
occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture
and color, and will remain aesthetically appealing and be appropriately maintained.
5. The Proposed Project will not be detrimental to the public health, safety or welfare,
or materially injurious to the properties or improvements in the vicinity of the Proposed Project.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it; and
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission determines that the previously -approved CEQA Documents, together with
the Fifth Addendum, are adequate to serve as the required environmental documentation for the
Proposed Project and hereby approves and adopts the Fifth Addendum and Mitigation
Monitoring and Reporting Program No. 326 ("MMP"), which is attached hereto as Exhibit B and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that this Planning Commission does hereby approve
Variance No. 2015-05035 and Final Site Plan No. 2015-00002, contingent upon and subject to
the conditions of approval, which are described in Exhibit B, attached hereto and incorporated
herein by this reference. Said conditions are hereby found to be a necessary prerequisite to the
proposed use of the Property in order to preserve the health, safety and general welfare of the
citizens of the City of Anaheim. Timing for compliance with conditions of approval may be
amended by the Planning Director upon a showing of good cause provided (i) equivalent timing
is established that satisfies the original intent and purpose of the condition(s), (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
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BE IT FURTHER RESOLVED that the Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part
thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 11, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIkMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on January 11, 2016, by the following vote of the
members thereof:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NONE
ffemm
IN WITNESS WHEREOF, I have hereunto set my hand this 111h day of January, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00094
APN: 082-551-02
082-551-03
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-8- PC2016-002
EXHIBIT "B"
VARIANCE NO. 2015-05035 AND
FINAL SITE PLAN NO. 2015-00002
(DEV2015-00094)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMIT
1
MM 3.3-4: Prior to approval of the first grading plan in Area A; implemented
Public Works
prior to first final building and zoning inspection in Area A, a phasing plan shall
be submitted for review and approval to the City Engineer demonstrating how the
following improvements, as approved by the City Engineer, will be constructed by
the property owner/developer:
• Clementine Street/ Anaheim GardenWalk driveway intersection; and
• Clementine Street between Disney Way and Katella Avenue (including the
median).
2
MM 3.10.1-2: Prior to approval of each grading plan, the property
Public Works
owner/developer shall submit an emergency fire access plan to ensure that service
to the site is in accordance with Fire Department service requirements.
3
MM 3.7-1: Prior to approval of a grading plan; and, implementation during Project
Public Works
construction and operation, the property owner/developer shall submit a Master
Drainage and Runoff Management Plan (MDRMP) for review and approval and
pay the required South Central Area Master Plan of Drainage (SCAMPD) storm
drain fees. 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.
b. A delineation of the improvements to be implemented for control of project -
generated drainage and runoff.
c. Detailed assessment of existing water quality, potential water quality impacts,
and a description of proposed measures to maintain water quality to the extent
required by the National Pollutant Discharge Elimination System (NPDES) and
its regulations, including the following:
(1) Incorporation of structural and nonstructural City -controlled Best
Management Practices (BMPs). BMPs shall, to the extent permitted by law,
include, but are not limited to, containment of masonry and paint wastes on
the construction site; proper disposal of vehicle fuel and maintenance
wastes; disposal of trash and debris; prohibiting water wash down of paved
areas (both during and after construction unless allowed by the NPDES
permit); and education/training for construction workers on these practices.
Engineering details, maintenance procedures, and funding responsibilities of
these BMPs shall also be described.
(2) Incorporation of measures to comply with applicable actions to be identified
by the RWQCB in conformance with the State Water Resources Control
Board (SWRCB) statewide water quality control plan for inland surface
waters, adopted April 11, 1991.
(3)Description of a water quality monitoring program to monitor water quality
during and subsequent to construction and to evaluate the effectiveness of
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
BMPs. The water quality monitoring program shall identify: (1) the
person/agency responsible for implementing the program, (2) sources of
pollutants in runoff (e.g., nuisance flows from development areas, irrigation
flows), (3) specific types of pollutants expected in runoff that will be
monitored (e.g., total suspended solids, phosphorous, lead), (4) water quality
sampling stations that are representative of runoff from the sources
identified above, (5) sampling program methodology, including devices to
be used and frequency and duration of sampling, (6) method for evaluating
data collected from a sampling program, including threshold standards for
determining effectiveness of BMPs, and (7) additional measures, if
necessary, to increase the effectiveness of the BMPs to the threshold
standards identified in C(1) above.
4
MM 3.8-12: Prior to issuance of each grading permit, the property
Public Works
owner/developer shall obtain required NPDES construction storm permits from
the State Water Resources Control Board, if applicable. Copies of the Notice of
Intent or permits, as applicable, shall be submitted to the City Engineer.
5
MM 3.6-1: Prior to approval of each grading plan, the property owner/developer
Planning and Building
shall submit a thorough soils and geological report for the area to be graded, based
on proposed grading and prepared by an engineering geologist and geotechnical
engineer. The report shall comply with Title 17 of the Anaheim Municipal Code.
6
MM 3.8-1: Prior to issuance of each grading permit (for Import/ Export Plan) and
Public Works
prior to issuance of demolition permit (for Demolition Plan) for Area B, the
property owner/developer shall submit Demolition and Import/Export Plans. The
plans shall include identification of offsite locations for material 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 be
encouraged to 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.
7
MM 3.11-4: Prior to approval of the first grading plan or issuance of the first
Fire
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 a previously unknown UST or other unknown
hazardous materials or waste is discovered onsite.
8
MM 3.13-1: Prior to approval of each grading plan, the property owner/developer
Public Works
shall submit a letter identifying the certified archaeologist that has been hired to
Planning and Building
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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
9
MM 3.13-2: Prior to approval of each grading plan, the property owner/developer
Public Works
shall submit a letter identifying the certified paleontologist that has been hired to
Planning and Building
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
paleontological resources are uncovered. If artifacts are uncovered and found
to be significant, the paleontological observer shall determine appropriate
actions in cooperation with the property owner/developer for exploration
and/or salvage.
b. Specimens that are collected prior to or during the grading process will be
donated to an appropriate educational research institution.
c. Any paleontological work at the site shall be conducted under the direction of
the certified paleontologist. If any fossils are discovered during grading
operations when the paleontological monitor is not present, grading shall be
diverted around the area until the monitor can survey the area.
d. A final report detailing the findings and disposition of the specimens shall be
submitted. Upon completion of the grading, the paleontologist shall notify the
City as to when the final report will be submitted.
PRIOR TO ISSUANCE OF BUILDING PERMITS
10
MM 3.3-1: Prior to issuance of each building permit, appropriate traffic signal
Public Works
assessment fees shall be paid by the property owner/developer to the City of
Anaheim in amounts determined by the City Council Resolution in effect at the
time of issuance of the building permit or credit given for City -authorized
improvements.
11
MM 3.6-3: Prior to issuance of each foundation permit, the property
Planning and Building
owner/developer shall submit a report prepared by a geotechnical engineer 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.
12
MM 3.3-2: Prior to approval of the first final subdivision map or issuance of the
Public Works
first building permit, whichever occurs first, in Area A and Area B, the property
owner/ developer shall irrevocably offer for dedication (with subordination of
easements), including necessary construction easements, the ultimate rights-of-
way (as indicated in the General Plan Circulation Element) for the following
arterial highway/street
half -sections on or adjacent to parcels under its ownership or control to the City of
Anaheim:
Area A
a. Katella Avenue (to ultimate 8 -lane facility)
b. Disney Way, along the frontage of Area A
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
c. Clementine Street
Area B
a. Harbor Boulevard
b. Disney Way, along the frontage of Area B
13
MM 3.3-5: Prior to issuance of each building permit, appropriate traffic impact
Public Works
and improvement fees shall be paid by the property owner/developer 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; and, participate in all
applicable reimbursement or benefit districts which have been established.
14
MM 3.8-2: Prior to issuance of the first building permit, the property
Public Works
owner/developer shall submit a Traffic Mitigation and Construction Phasing and
Control Plan. The Traffic Mitigation, Construction Phasing and Control Plan shall
identify the following:
a. A Construction Staging Area Plan showing the location and size of the
construction staging area. The Plan shall also show how the staging area will
be screened from view in compliance with the City of Anaheim Municipal
Code.
b. A Construction Barrier Plan showing the location and types of barriers that
will be in place during grading and construction. Said plan shall provide for
all construction areas to be screened from view, in compliance with the City
of Anaheim Municipal Code and shall include provision for the type and
height of the barriers to be placed along all construction perimeters prior to
the commencement of demolition, site preparation, or grading, whichever
occurs first.
c. A Truck Route Plan identifying truck routes along arterials, avoiding
residential areas to the extent feasible and in compliance with Chapter 6.70
(Sound Pressure Levels). The Plan shall show conformance with the external
noise limits for construction between 7 p.m. and 7 a.m. The Plan shall also
prohibit construction traffic on residential streets where improvements are not
planned and shall provide measures to ensure that truck drivers are directed
away from residential streets and travel on approved routes only. Measures to
assist in guiding truck movement on the arterial roadway system include, but
are not limited to, provision of truck route maps to truck drivers and
placement of flag persons and construction signage at appropriate locations.
The Truck Route Plan shall provide for monitoring of street conditions and
potential repairing and/or re -paving by property owner/developer after
completion of construction as required by the City Engineer. This plan shall
be adhered to throughout the project construction period.
d. A Construction Traffic Management Plan which includes mechanisms to
reduce construction -related traffic congestion which shall be implemented
during grading and construction, including, but not limited to, the following:
1. Configure construction parking to minimize onsite and offsite traffic
interference.
2. Minimize obstruction of through -traffic lanes.
3. Provide flag persons to guide traffic, as determined in the plan.
4. Coordinate scheduling with other infrastructure improvements to allow
them to be facilitated efficiently during roadway improvements, such as
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
sewer, storm drain, and water line improvements.
5. Outline procedures for any required traffic detours during construction,
including provision of tour bus stops.
6. Phase each roadway improvement to allow access to all existing
businesses. In some instances, this will require lane -by -lane renovation,
temporary bypass roads, or traffic reroutes.
7. Employ vertical shoring as often as possible. This will minimize the
amount of road surface that will be disturbed at a given location.
8. Sequence the construction of each roadway improvement to minimize
disruption to residents and businesses. The property owner/developer shall
coordinate with the Convention Center and area hotels to ensure
continued operations of these facilities, as well as the continued operation
of the existing Disneyland theme park and Disneyland Hotel.
9. Establish off-site parking and staging areas, where practical and possible,
to minimize the impact to existing level of service on adjacent roadways.
These off-site parking and staging areas will allow a dispersion of traffic
flow to non-critical areas and will encourage bussing of construction
workers from the off-site areas to the construction sites.
e. A Trip Reduction Plan for construction crew vehicles shall be prepared to
reduce potential vehicle trips on the road and identify parking locations for
construction employees and equipment for each project component that
exceeds 100 construction employees.
15
MM 3.4-3: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit evidence that low emission paints and coatings are
utilized in the design and construction of buildings in compliance with AQMD
regulations. This information shall be denoted on the project plans and
specifications.
16
MM 3.4-4: Prior to issuance of each building permit, the project design will
Public Utilities
incorporate the following energy-saving features which will also contribute to
reduced emissions:
a. Improved thermal integrity of structures and reduced thermal load through use
of automated time clocks or occupant sensors.
b. Efficient heating and other appliances.
c. Incorporation of appropriate passive solar design.
d. Proper sealing of buildings.
17
MM 3.2-2: Prior to issuance of each hotel building permit, a pre -project study of
Planning and Building
radio transmission from the AM 1500 Highway Advisory Radio Transmission
Fire
Tower located on the Fire Station No. 3 site shall be conducted by the property
owner/developer to determine baseline conditions for the entire Anaheim
GardenWalk Overlay. Six months after topping out or any earlier time as
determined necessary by the City of Anaheim, a follow-up study of radio tower
transmissions shall be undertaken immediately by the property owner/developer.
If the City of Anaheim determines that the proposed project creates a significant
impact on radio transmission, a signal booster relay system, tower relocation, or
other solution as approved by the City of Anaheim shall be implemented by the
property owner/developer as soon as practicable.
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18
MM 3.10.1-3: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit a Construction Fire Protection Plan, which shall
Fire
include detailed design plans for accessibility of emergency fire equipment, fire
hydrant location, and any other construction features required by the Fire Marshal.
The property owner/developer shall be responsible for securing facilities
acceptable to the Fire Department and hydrants shall be operational with required
fire flow.
19
MM 3.10.1-4: Prior to issuance of each building permit, and to be implemented
Planning and Building
prior to each final building and zoning inspection, plans shall indicate that all
Fire
buildings, exclusive of open parking structures, shall have sprinklers installed by
property owner/developer, as required by the Anaheim Fire Department.
20
MM 3.10.1-5: Prior to issuance of each building permit, plans shall be submitted
Planning and Building
to ensure that development is in accordance with the City of Anaheim Fire
Fire
Department Standards, including:
a. Overhead clearance shall not be less than fourteen (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 seventy-five
thousand (75,000) pounds.
c. All underground tunnels shall have sprinklers. Water supplies are required at
the entrances. Standpipes shall also be provided when determined to be
necessary by the Fire Department.
d. Adequate offsite public fire hydrants contiguous to the Specific Plan area and
onsite private fire hydrants shall be provided by the property owner/developer.
The precise number, types, and locations of the hydrants shall be determined
during building permit review. Hydrants are to be a maximum of four hundred
(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.
21
MM 3.10.1-6: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall comply with the Fire Protection Facilities and Paramedic
Fire
Services Impact Fee Program (per Ordinance No. 5496 and Resolution No. 95R-
73 dated May 16, 1995), as may be amended by the City.
22
MM 3.10.1-10: Prior to issuance of each building permit for hotels, the property
Planning and Building
owner/developer shall submit an earthquake emergency response plan for review
Fire
and approval by the Fire Department. That plan shall require posted notices in all
hotel rooms on earthquake safety procedures.
23
MM 3.10.2-3: Prior to issuance of each building permit, the Police Department
Planning and Building
shall review and approve the safety measures incorporated into the project
Police
including the parking structures. The security measures shall include, but not be
limited to, closed circuit television surveillance/cameras and recording equipment
or other substitute security measures as may be approved by the Police
Department for the parking structures/ facilities, lighting, and other defensible
space measures throughout the project, as determined necessary by the Police
Department.
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24
MM 3.10.5-1: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall provide proof that school impact fees have been paid
consistent with State statute. (Note: On January 25, 2006, the State Allocation
Board increased the maximum Level 1 school fees from $0.36 to $0.42 per square
foot of enclosed and covered space for commercial/industrial development.)
25
MM 3.10.6-1: Prior to issuance of each building permit; and to be implemented
Public Utilities
prior to final building and zoning inspections, among the water conservation
Planning and Building
measures to be shown on plans and implemented by the property owner/developer
shall include the following:
a. Use of low -flow sprinkler heads in irrigation system
b. Use of waterway re -circulation systems
c. Low -flow fittings, fixtures, and equipment, including low flush toilets and
urinals
d. Use of self-closing valves on drinking fountains
e. Use of reclaimed water for irrigation and wash -down when it becomes
available
f. Continuation of the existing cooling tower re -circulation system
g. Use of efficient irrigation systems such as drip irrigation and automatic systems
which use moisture sensors
h. Low -flow shower heads in hotels
i. Water -efficient ice machines, dishwashers, clothes washers, and other water -
using appliances
j. Use of irrigation systems primarily at night when evaporation rates are lowest
k. Provide information to the public in conspicuous places regarding water
conservation
1. Use of water -conserving landscape plant materials, as appropriate
in. Use of vacuum and other equipment to reduce the use of water for wash -down
of exterior areas.
26
MM 3.10.6-3: Prior to issuance of each building permit, the property
Public Utilities
owner/developer shall comply with the adopted Anaheim Resort Water Facilities
Fee Program (Rule 15E of the Water Utilities Rates, Rules and Regulations per
Resolution No. 95R-140, effective September 1, 1995), as may be amended by the
City.
27
MM 3.10.6-4: Prior to issuance of building permits; and prior to final building and
Public Utilities
zoning inspections, the water backflow equipment and any other large water
system equipment shall be shown on plans to the satisfaction of the Public Utilities
Department, Water Utility Division, in either underground vaults or behind the
Setback Realm area in a manner fully screened from all public streets and alleys;
and the facilities will be installed in accordance with the plans.
28
MM 3.10.7-2: Prior to issuance of the first building permit; to be implemented
Public Utilities
prior to final building and zoning inspection, a report documenting sewer capacity
shall be submitted for review and approval. Prior to the first final building and
zoning inspection, either a reverse -flow public sewer line shall be constructed in
Gene Autry Way from a point east of the I-5/Anaheim Boulevard to State College
Boulevard or other improvement(s) to the sewer system shall be made to
accommodate the sewage flow in excess of that projected from the land uses
permitted by The Disneyland Resort Specific Plan within the boundaries of
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Anaheim GardenWalk, which cannot be accommodated by current capacity.
Line sizing and implementation of this measure will be as follows:
a. Analyze the Anaheim GardenWalk sewer flows with the City's updated Basin
8 model (now known as the Combined Central Anaheim Master Plan) to
determine local sewer impacts and downstream impacts to the Gene Autry Way
sewer system.
b. Determine the size and limits of a new public sewer in Gene Autry Way, east
of Interstate 5, to intercept and redirect flows from the ASAMLUP tributaries.
c. Coordinate all analysis, findings, and conclusions for approval with the City of
Anaheim.
d. The property owner/developer shall be responsible for funding this
improvement.
29
MM 3.10.8-1: Prior to issuance of each building permit, the property
Public Utilities
owner/developer shall comply with the Storm Drain Impact and Improvement Fee
Program for the South Central City Area (per Ordinance No. 5491 and Resolution
No. 95R-61 dated April 18, 1995, as may be amended by the City); or, the City
may enter into alternative financing arrangements with the property
owner/developer prior to approval of the first Grading Plan.
30
MM 3.10.9-1: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit plans showing that each of the project's buildings
will comply with the State Energy Conservation Standards for New Residential
and Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of
Regulations).
31
MM 3.10.9-2: Prior to issuance of each building permit for tenant improvements;
Planning and Building
and to be implemented prior to each final building and zoning inspection, in order
to conserve energy, the property owner/developer shall implement numerous
energy saving practices in compliance with Title 10, which may include the
following:
a. Consultation with the City energy -conservation experts for assistance with
energy -conservation design features.
b. Use of high -efficiency air conditioning systems controlled by a computerized
management system including features such as a variable air volume system, a
100 -percent outdoor air economizer cycle, sequential operation of air
conditioning equipment in accordance with building demands, isolation of air
conditioning to any selected floor or floors.
c. Use of electric motors designed to conserve energy.
d. Use of special lighting fixtures such as motion sensing light switch devices and
compact fluorescent fixtures in place of incandescent lights.
e. Use of T8 lamps and electronic ballast. Metal halide or high-pressure sodium
for outdoor lighting and parking lots.
32
MM 3.10.9-3: Prior to issuance of the first building permit (submittal of conduit
Planning and Building
plans); to be implemented prior to final building and zoning inspection, the
property owner/developer shall install electrical and communication conduit and
substructures within the development site to provide for electrical distribution to
serve the various uses within the development.
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33
MM 3.10.9-4: Prior to issuance of the first building permit for Area A and Area B,
Planning and Building
the property owner/developer shall pay fees in accordance with Anaheim's
Electric Rates, Rules & Regulations for installation of backbone cables, switches
and related facilities to provide electrical distribution to the development site.
34
MM 3.10.9-5: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall pay fees in accordance with Anaheim's Electric Rates,
Rules and Regulations for electrical commercial/industrial services for specific
uses within the development site.
35
MM 3.10.10-1: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit plans which shall ensure that buildings are in
conformance with the State Energy Conservation Standards for nonresidential
building (Title 24, Part 6, Article 2, California Administrative Code).
36
MM 3.10.12-1: Prior to issuance of the first building permit for Area A, a pre-
Planning and Building
project study of area television reception shall be undertaken by the property
owner/developer to determine baseline conditions; and six months after topping
out of each building over 75 feet in height, a follow-up study of area television
reception shall be undertaken immediately by the property owner/developer. If the
City of Anaheim determines that the proposed project creates a significant impact
on broadcast television reception at local residences, a signal booster or relay
system shall be installed on the roof of the tallest project building to restore
broadcast television reception to its original condition as soon as practicable.
37
MM 3.12-1: Prior to approval of the Final Site Plan; shown on plans submitted for
Planning and Building
building permits; and to be implemented prior to final building and zoning
inspections, the property owner/developer shall submit plans, which illustrate that
all mechanical equipment and trash areas for the subject buildings will be screened
from adjacent public streets.
38
MM 3.12-2: Prior to approval of the first building permit in Area A and in Area B,
Planning and Building
the property owner/developer shall submit a landscape and irrigation plan in
conformance with the landscape plan submitted as part of the Final Site Plan(s) for
the Area. This plan shall be prepared by a licensed landscape architect. The
landscape plan shall include a phasing plan for the installation and maintenance of
landscaping.
39
MM 3.12-5: Prior to issuance of the first building permit in Area A and in Area B,
Planning and Building
the property owner/developer shall submit plans which detail the outdoor and,
when applicable, indoor lighting system. The systems shall be designed and
maintained in such a manner as to conceal light sources to the extent feasible to
minimize light spillage and glare to the adjacent uses. The plans shall be prepared
and signed by a licensed electrical engineer, with a letter from the engineer stating
that, in the opinion of the engineer, this requirement has been met.
40
MM 3.7-2: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit landscaping and irrigation plans and an Irrigation
Public Utilities
Management Program. This landscape plan shall include a maintenance program
to control the use of fertilizers and pesticides, and an irrigation system designed to
minimize surface runoff and over -watering. Additionally:
a. The landscape plans shall be prepared and certified by a licensed landscape
architect. The landscape architect shall submit plans in accordance with
Anaheim's Landscape Water Efficiency Ordinance and Guidelines.
b. The Irrigation Management Program shall specify methods for monitoring the
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DEPARTMENT
irrigation system and shall be designed by an irrigation engineer (plans to be
submitted in accordance with the Specific Plan). The system shall ensure that
irrigation rates do not exceed the infiltration of local soils and that the
application of fertilizers and pesticides do not exceed appropriate levels of
frequencies.
c. The landscape and irrigation plans shall be developed to be consistent with the
provisions of the Specific Plan, which require that the maximum annual water
allowance for the project not exceed 80 percent of the mean annual
evapotranspiration, or that the landscape irrigation system include water -
conserving features such as low -flow irrigation heads, automatic irrigation
scheduling equipment, flow sensing controls, rain sensors, soil moisture
sensors, and other water -conserving equipment. In addition, all irrigation
systems shall be designed so that they will function properly with reclaimed
water, if it should become available.
41
MM 3.6-2: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit for review and approval detailed foundation design
information for the subject buildings, prepared by a civil engineer, based on
recommendations by a geotechnical engineer.
42
MM 3.6-4: Prior to issuance of each building permit, the property
Planning and Building
owner/developer shall submit plans showing that the proposed structure has been
analyzed for earthquake loading and designed according to the most recent seismic
standards in the Uniform Building Code adopted by the City of Anaheim.
ONGOING DURING PROJECT DEMOLITION AND CONSTRUCTION
43
MM 3.8-3: On-going during construction, the property owner/developer shall
Public Works
submit a monthly update report showing construction activities for the upcoming
Planning and Building
month which shall include traffic mitigation and control planning and construction
scheduling.
44
MM 3.8-5: On-going during construction, if Anaheim Police Department or
Public Works
Anaheim Traffic Management Center personnel are required to provide temporary
Planning and Building
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.
45
MM 3.8-6: On-going during construction, the following measures will be followed
Public Works
by the property owner/developer to reduce air quality impacts:
Planning and Building
a. Normal wetting procedures 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.
b. Roadways adjacent to the project shall be swept and cleared of any spilled
export material at least twice a day to assist in minimizing fugitive dust; haul
routes shall be cleared as needed if spills of material exported from the project
site occur.
c. Where practicable, heavy-duty construction equipment shall be kept onsite
when not in operation to minimize exhaust emissions associated with vehicles
repetitiously entering and exiting the project site.
d. Trucks importing or exporting soil material and/or debris shall either be
covered prior to entering public streets, or shall comply with the vehicle
freeboard requirements of Section 23114 of the California Vehicle Code for
both public and private roads. This California Vehicle Code section stipulates
that the load, where it contacts the sides, front and back of the cargo area,
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DEPARTMENT
remain six inches from the upper edge of the container area, and that the load
does not extend, at its peak, above any part of the upper edge of the cargo
container area.
e. Manually irrigate or activate irrigation systems necessary to water and maintain
the vegetation as soon as planting is completed.
f. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less.
g. Suspend all grading operations when wind speeds (as instantaneous gust)
exceed 25 miles per hour and during second stage smog alerts.
h. The project will comply with the SCAQMD Rule 402, which states that no dust
impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403,
which restricts visible emissions from construction.
i. Use low emission mobile construction equipment (e.g., tractors, scrapers,
dozers) where practicable.
j. Utilize existing power sources (e.g., power poles) or clean -fuel generators
rather than temporary power generators, where practicable.
k. Maintain construction equipment engines by keeping them properly tuned.
1. Use low sulfur fuel for equipment, to the extent practicable.
46
MM 3.8-7: On-going during construction, the property owner/developer shall
Planning and Building
implement the following to limit emissions from architectural coatings and asphalt
usage:
a. Use non -solvent -based coatings on buildings, wherever appropriate.
b. Use solvent -based coatings, where they are necessary, in ways that minimize
solvent emissions.
c. Encourage use of high -solid or water-based coatings.
47
MM 3.8-8: On-going during construction, all construction contractors shall
Planning and Building
comply with SCAQMD regulations, including Rule 402 which specifies that no
Public Works
there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD Rule
403, which restricts visible emissions from construction. Rule 403 was amended
by the SCAQMD after preparation of The Disneyland Resort EIR No. 311.
Specific measures contained in the rule to reduce fugitive dust include the
following:
a. Apply chemical stabilizers to disturbed surface areas (completed grading areas)
within five days of completing grading or apply dust suppressants or vegetation
sufficient to maintain a stabilized surface.
b. For open storage piles, apply water hourly or cover with temporary coverings.
c. Water exposed surfaces at least twice a day under calm conditions and as often
as needed on windy days when winds are less than 25 miles per day or during
very dry weather in order to maintain a surface crust and prevent the release of
visible emissions from the construction site.
d. Wash mud -covered tires and under -carriages of trucks leaving construction
sites.
e. Provide for street sweeping as needed, on adjacent roadways to remove dirt
dropped by construction vehicles or mud, which would otherwise be carried off
by trucks departing project sites.
48
MM 3.8-9: On-going during demolition and construction, construction noise shall
Planning and Building
be limited by the property owner/developer to 60 dBA along the property
boundaries before 7:00 AM and after 7:00 PM as governed by Chapter 6.70
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DEPARTMENT
(Sound Pressure Levels) of the Anaheim Municipal Code.
49
MM 3.8-10: On-going during construction, the property owner/developer shall
Planning and Building
ensure that all internal combustion engines on construction equipment are fitted
with properly maintained mufflers.
50
MM 3.8-13: On-going during demolition and construction, in the event that
Fire
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), according to the requirements
of the California Administrative Code, Title 30, Chapter 22, and the Uniform Fire
Code, Article 87.
51
MM 3.8-11: On-going during grading operations, the property owner/developer
Public Works
shall implement standard practices from all applicable codes and ordinances to
prevent erosion.
52
MM 3.11-3: On-going during remediation, remediation activities conducted on
Fire
behalf of the property owner/developer of surface or subsurface contamination not
related to USTs shall be overseen by the Orange County Health Department.
Information on subsurface contamination from an underground storage tank shall
be provided to the Public Utilities Department, Water Services Administration,
Environmental Services.
53
MM 3.11-2: Prior to removal of underground tanks, a permit shall be obtained
Fire
from the Environmental Protection Section of the Fire Department for removal of
underground tanks by the property owner/developer. During removal of the
underground storage tank, a representative from the Fire Department,
Environmental Protection Section, shall be onsite to direct soil sampling.
PRIOR TO COMMENCEMENT OF STRUCTURAL FRAMING
54
MM 3.10.1-1: Prior to commencement of structural framing on each parcel or lot,
Fire
on-site fire hydrants shall be installed and charged, as required, by the property
owner/ developer.
PRIOR TO APPROVAL OF WATER PLANS
55
MM 3.10.6-5: Prior to approval of the Water System Improvement Plan, property
Public Utilities
owner/developer shall enter into an agreement recorded against the property with
the City of Anaheim, to the satisfaction of the Utilities Department and City of
Anaheim Attorney's Office, to guarantee the property owner/developer's
participation in water system improvements necessitated by the project. The
agreement shall contain provisions requiring the property owner/developer to pay
or cause to be paid its fair share funding for said improvements and/or construct
said improvements, if determined to be necessary by the Utilities Department,
with reimbursement by other beneficiaries in accordance with the Utility Rates,
Rules, and Regulations. Costs shall include the payment for consultant/contractor
services for the preliminary engineering, soils analysis, right-of-way acquisition,
demolition, construction and inspection, and any other related expenses. Further,
the property owner/developer shall submit an engineering report and phasing plan
for review and approval by the Utilities Department setting forth the extent and
timing of the water system improvements necessitated by the project for use in
implementing the agreement. The property owner/developer shall at all times
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perform its obligations as set forth in said agreement.
PRIOR TO EACH FINAL BUILDING AND ZONING INSPECTION
56
MM 3.3-8: Prior to the first final building and zoning inspection, the property
Public Works
owner/developer shall provide proof of participation in the Anaheim
Planning and Building
Transportation Network (ATN). On-going during Project operations,
a. Every property owner and/or lessee shall be a voting member of the ATN,
subject to the terms and provisions of the by-laws and association rules of the
ATN.
b. Every property owner and/or lessee shall participate in ATN coordinated
transportation demand management efforts designed to decrease traffic
congestion and increase ridesharing.
c. Every property owner and/or lessee shall financially participate in the
operation of a clean fuel shuttle system, if established.
d. Every property owner and/or lessee shall designate an on-site contact who will
be responsible for coordinating with the ATN and implementing all trip
mitigation measures. The requirements of the mitigation measure will be
included in the lease or other agreement with all of the project participants.
Documentation indicating compliance with this mitigation measure will be
included in the annual monitoring report ongoing during project operation.
57
MM 3.3-10: Prior to the first final building and zoning inspection in Area A and in
Public Works
Area B; and on-going during Project operations with verification by participating
lessees, the property owner/developer will implement and administer a
comprehensive Transportation Demand Management (TDM) program for all
employees. Objectives of the TDM program shall be to increase ridesharing and
use of alternative transportation modes by guests and provide a menu of commute
alternatives for employees to reduce project -generated trips.
A menu of TDM program strategies and elements for future employee commute
options include, but are not limited to, the following:
a. Onsite Service. Onsite services, such as food, retail, and other services be
provided.
b. Ridesharing. A computer listing of all employee members be developed for the
purpose of providing a "matching" of employees with other employees who
live in the same geographic areas and who could rideshare.
c. Vanpooling. A computer listing of all employees for the purpose of matching
numbers of employees who live in geographic proximity to one another and
could comprise a vanpool.
d. Transit Pass. Southern California Rapid Transit District and Orange County
Transportation Authority (including commuter rail) passes be promoted
through financial assistance and onsite sales to encourage employees to use the
various transit and bus services from throughout the region.
e. Commuter Bus. As commuter "express" bus service expands throughout the
region, passes for use on these lines may be provided for employees who
choose to use this service. Financial incentives be provided.
f. Shuttle Service. A computer listing of all employees living in proximity to the
project be generated, and a local shuttle program offered to encourage
employees to travel to work by means other than the automobile.
g. Bicycling. A Bicycling Program be developed to offer a bicycling alternative to
employees. Secure bicycle racks, lockers, and showers be provided as part of
this program. Maps of bicycle routes throughout the area be provided to inform
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potential bicyclists of these options.
h. Rental Car Fleet. A "fleet vehicle" program be developed to provide employees
who travel to work by means other than an automobile with access to
automobiles in case of emergency, medical appointments, etc. This service
would help employees use alternative modes of transportation by ensuring that
they would be able to have personal transportation in the event of special
circumstances.
i. Guaranteed Ride Home Program. A program to provide employees who
rideshare, or use transit or other means of commuting to work, with a
prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event
of emergencies during the work shift.
j. Target Reduction of Longest Commute Trip. An incentives program for
ridesharing and other alternative transportation modes to put highest priority on
reduction of longest employee commute trips.
k. Stagger shifts.
1. Develop a "compressed work week" program, which provides for fewer work
days but longer daily shifts as an option for employees.
in. Explore the possibility of a "telecommuting" program that would link some
employees via electronic means (e.g., computer with modem).
n. 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.
o. Access. Preferential access to high occupancy vehicles and shuttles may be
provided.
p. Financial Incentive for Ridesharing and/or Public Transit. (Currently, Federal
law provides tax-free status for up to $60 per month per employee
contributions to employees who vanpool or use public transit including
commuter rail and/or express bus pools).
q. Financial Incentive for Bicycling. Employees offered financial incentives for
bicycling to work.
r. Special "Premium" for the Participation and Promotion of Trip Reduction.
Ticket/passes to special events, vacations, etc. be offered to employees who
recruit other employees for vanpool, carpool, or other trip reduction programs.
s. Actively recruit prospective employees residing within a 30 -minute commute
shed.
t. Design incentive programs for carpooling and other alternative transportation
modes so as to put highest priority on reduction of longest commute trips.
Every property owner and/or lessee shall designate an on-site contact who will be
responsible for coordinating with the ATN and implementing all trip mitigation
measures with an on-site coordinator. The on-site coordinator will be the one point
of contact representing the project with the ATN. The requirements of the
mitigation measure will be included in the lease or other agreement with all of the
project participants. Documentation indicating compliance with this mitigation
measure will be included in the annual monitoring report ongoing during project
operation.
58
MM 3.3-11: Prior to the first final building and zoning inspection in Area A and in
Planning and Building
Area B; and implementation on-going during Project operations, the property
owner/developer will provide a Parking Maintenance and Operation Plan to the
Planning Department Planning Services Division, for review and approval; and
said Plan shall be implemented on an on-going basis during Project operation.
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59
MM 3.4-1: Prior to each final building and zoning inspection, the property
Planning and Building
owner/developer shall comply with all SCAQMD offset regulations and
implementation of Best Available Control Technology (BACT) for all permitted
new and modified stationary sources. Copies of permits shall be given to the
Planning Department.
60
MM 3.10.1-8: Prior to each final building and zoning inspection, the property
Planning and Building
owner/developer shall place emergency telephone service numbers in prominent
Fire
locations as approved by the Fire Department.
61
MM 3.10.6-2: Prior to each final zoning and building inspection, the property
Public Utilities
owner/developer shall submit a certified water audit for landscape irrigation to the
Public Utilities Systems Department, Electric Services Administration, Resource
Efficiency Division, for review and approval.
62
MM 3.10.7-1: Prior to each final building and zoning inspection, the
Public Utilities
owner/developer shall comply with the Sewer Impact and Improvement Fee
Program for the South Central City Area (per Ordinance No. 5490 and Resolution
No. 95R-60 dated April 18, 1995, as may be amended by the City). This SCASDS
Fee Program applies to the sewer discharge generated above the rate from the
building footprints existing prior to the demolition of building on the project site
(in 2003) and up to the maximum of 639,000 peak gpd. This Fee Program does
not apply and mitigate the need of the reverse sewer line in Gene Autry Way.
63
MM 3.10.3-1: Prior to the first final zoning and building inspection, the property
Public Works
owner/developer shall submit project plans to the Director of Maintenance for
review and approval to ensure that the plans comply with AB 939, the Solid Waste
Reduction Act of 1989, as implemented by the City of Anaheim, the County of
Orange Integrated Waste Management Plan, and the City of Anaheim Integrated
Waste Management Plan.
64
MM 3.10.3-2: Prior to the first final zoning and building inspection; and to be
Public Works
implemented during Project operations, a Solid Waste Management Plan shall be
submitted for review and approval by the property owner/developer to ensure that
the project plans comply with AB 939, as administered by City of Anaheim, and
the County's and City's Integrated Waste Management Plans. Waste management
mitigation measures that shall be taken to reduce solid waste generation shall
include:
a. Detailing the locations and design of solid waste and recyclables storage and
collection facilities.
b. Complying with all Federal, State, and City regulations for hazardous material
disposal.
c. Participating in the City of Anaheim's voluntary "Recycle Anaheim" program
or other substitute program as may be developed by the City.
In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB
939), the property owner/developer shall implement numerous solid waste
reduction programs including, but not limited to, the following:
a. Facilitating paper recycling by providing chutes or convenient locations for
sorting and recycling bins.
b. Facilitating cardboard recycling (especially from retail areas) by providing
adequate space and centralized locations for collection and baling.
c. Facilitating glass recycling (especially from restaurants) by providing adequate
space for sorting and storing.
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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. Prohibition of curbside pick-up within the Anaheim GardenWalk project.
f. Recycling of landscape green waste.
65
MM 3.10.10-2: Prior to each final building and zoning inspection, the property
owner/developer shall implement a program (The Southern California Gas
Company has developed several programs which are intended to assist in the
selection of the most energy-efficient water heaters and furnaces) to reduce the
demand on natural gas supplies. Proof of this program shall be submitted to the
Planning Department in the form of a letter documenting compliance.
66
MM 3.7-4: Prior to each final building and zoning inspection, the property
Planning and Building
owner/developer shall submit a letter from a landscape architect stating that
Public Utilities
landscape materials and irrigation systems have been installed as specified in the
approved landscaping and irrigation plans. Any modifications to the landscape
plan shall be specifically approved by the Planning Department.
67
MM 3.7-5: To reduce the project's demand on potable water, the property
owner/developer shall install water lines on-site so that reclaimed water may be
used for landscape irrigation and other purposes to be installed with the project
water mains; and to be connected if reclaimed water becomes available.
ONGOING
68
MM 3.3-14: Upon commencement of any activity/uses authorized by Conditional
Planning and Building
Use Permit No. 4078 as amended; and, on-going during Project operations, if
Public Works
reasonably needed in order to regulate the flow of pedestrian traffic to the project,
as determined by the City's Traffic and Transportation Manager, the property
owner/developer shall pay all costs associated with providing one or more
pedestrian crossing officers at Harbor Boulevard and Disney Way, in order to
facilitate the flow of pedestrians during the "Peak Period," which is defined as the
time period from 5:00 p.m. to 9:00 p.m. during the following seasonal peaks: the
Memorial Day weekend through the Labor Day weekend; the week prior to,
during and following Christmas week; Easter weeks (one week before and one
week after); and at any other time determined to be necessary by the City's Traffic
and Transportation Manager. The continued need for this officer(s) will be
reviewed by the City's Traffic and Transportation Manager at least once annually,
and the days and/or hours of pedestrian crossing officer staffing shall be adjusted,
when determined necessary by the City's Traffic and Transportation Manager.
69
MM 3.3-16: On-going during Project operations, if such restricted pedestrian
Planning and Building
movement is determined to be necessary by the City's Traffic and Transportation
Public Works
Manager, the property owner/developer shall pay all costs associated with the
design and implementation of such restricted crosswalk for this intersection to the
satisfaction of the City Engineer, within the timeframe established by the City
Engineer.
70
MM 3.4-2: On-going during Project operations, the property owner/developer
Public Works
shall schedule goods movements for off-peak traffic hours to reduce emissions to
the extent practicable.
71
MM 3.4-5: On-going during Project operations, the property owner/developer
Planning and Building
shall participate in marketing programs which promote The Anaheim Resort area
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as a Vacation Destination to encourage use of facilities within the area rather than
taking cars to destinations off-site. This will be demonstrated through
documentation in the MMRP Annual Report of the various marketing programs in
which the Anaheim GardenWalk participated during the year.
72
MM 3.5-1: On-going during project operations, the property owner/developer
Planning and Building
shall ensure that noise from areas which involve live amplified music and/or open-
air festival events, do not exceed the noise levels established by Chapter 6.70
(Sound Pressure Levels) of the Anaheim Municipal Code.
73
MM 3.9-1: On-going during Project operations, the property owner/developer will
Planning and Building
aggressively recruit workers who are already part of the resident work force in the
region. Implementation of The Disneyland Resort Specific Plan will further efforts
in offering employment opportunities at various socioeconomic levels. The
requirements of the mitigation measure will be included in the lease or other
agreement with all of the project participants. Documentation indicating
compliance with this mitigation measure will be included in the annual monitoring
report ongoing during project operation.
74
MM 3.10.1-9: On-going during Project operations, an on-site coordinator for the
Planning and Building
project shall coordinate earthquake training with the Fire Department for hotel
Fire
staff and other employees. The requirements of the mitigation measure will be
included in the lease or other agreement with all of the project participants.
Documentation indicating compliance with this mitigation measure will be
included in the annual monitoring report ongoing during project operation.
75
MM 3.10.2-2: On-going during Project operations, property owner/developer shall
Planning and Building
staff the Project with the needed level of uniformed private security officers
Police
working in pairs for patrol and surveillance of the facilities to the satisfaction of
the Police Department, including possibly 24-hour coverage.
76
MM 3.10.5-2: Prior to commencement of uses/activities authorized by Conditional
Planning and Building
Use Permit No 4078, as amended, and on-going during Project operations, the
property owner/developer shall coordinate with the Anaheim Union High School
District to incorporate a retail training program into the Project for interested high
school seniors. An on-site project coordinator shall ensure compliance with the
plan. Proof of this program shall be submitted to the Planning Department within
ninety (90) days following commencement of the uses/activities.
77
MM 3.12-3: On-going during project operation, the property owner/developer
Planning and Building
shall participate in a landscape assessment and maintenance district for any
properties owned by the owner/developer, as adopted for the Anaheim Resort.
78
MM 3.7-3: On-going during Project operations, the property owner/developer
Public Works
shall provide for the following: cleaning of all paved areas not maintained by the
City of Anaheim including, but not limited to, private streets and parking lots on
not less than a monthly basis. Using water to clean streets, parking lots, and other
areas shall be allowed on a periodic basis if allowed in the applicant's NPDES
permit. Nightly washdown shall be allowed where advisable to maintain safe and
sanitary working conditions, if allowed in the property owner/developer's and
City's NPDES permit. Flushing debris, residue, and sediment down the storm
drains shall conform to the property owner/developer's NPDES requirements.
Property owner/developer agrees that material deposited in City storm drains shall
not be in violation of the City's NPDES permit.
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