Loading...
Resolution-PC 2020-027RESOLUTION NO. PC2020-027 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM DETERMINING THAT AN ADDENDUM TO THE PREVIOUSLY -CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT NO. 311 SERVES AS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2020-06054, FINAL SITE PLAN NO. 2020-00001, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00173) (1150 WEST MAGIC WAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2020-06054 and Final Site Plan No. 2020-00001 to construct a 12 -story, 350 -unit vacation ownership resort with fitness and laundry facilities, a pool, and outdoor bar for vacation ownership resort guests and employees (collectively referred to herein as the "Proposed Project") for certain real property located at 1150 West Magic Way 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 1.77 acres, and is currently improved with an event lawn, guest fitness and laundry facilities, and back of house maintenance shops. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of the Hotel District (Development Area 2) of the Disneyland Resort Specific Plan area and is subject to the zoning and development standards set forth in Section 18.114.040 (Methods and Procedures for Specific Plan Implementation) and Section 18.114.070 (Land Use and Site Development Standards — Hotel District (Development Area 2)) of Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) of Title 18 (Zoning) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on June 29, 1993, the City Council adopted Resolution No. 93R-146 approving the Disneyland Resort Specific Plan to provide for the development of an international multi -day vacation destination resort on 489.7 acres in the City of Anaheim's Anaheim Resort. The overall goal was to change the existing Disneyland theme park area from a day -oriented attraction to a multi -day destination resort by integrating the Specific Plan's existing and proposed theme parks, hotels, and visitor -serving facilities into an exciting, appealing, unified resort environment. The Disneyland Resort Specific Plan includes a land use plan, design plan, public facilities plan, and zoning and development standards which describe how the Plan's goal will be realized; and WHEREAS, in connection with adoption of Specific Plan No. 92-1 (The Disneyland Resort), the City Council adopted Resolution No. 93R-107 certifying Final Environmental Impact Report No. 311 ("FEIR No. 311 "), with a Statement of Overriding Considerations, and adopting Mitigation Monitoring Program No. 0067; and -1- PC2020-027 WHEREAS, Chapter 18.114 (Disneyland Resort Specific Plan No. 92-1 (SP 92-1) Zoning and Development Standards) prescribes the methods and procedures for implementation of the Disneyland Resort Specific Plan, which for the Proposed Project requires the processing and approval of a Final Site Plan in accordance with Chapter 18.70 (Final Site Plans) of Title 18 (Zoning) of the Code prior to the issuance of building permits; and 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of 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, an Addendum to FEIR No. 311, dated June 2020 (herein referred to as the "Addendum"), a copy of which is on file in the Planning Department and incorporated herein by this reference as though fully set forth, has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in FEIR No. 311 would result or whether previously identified significant impacts would be substantially more severe in connection with the Proposed Project; and WHEREAS, in connection with the project proposed under Conditional Use Permit No. 2020-06054 and Final Site Plan No. 2020-00001 and the Planning Commission's review of the Addendum, the Planning Commission has independently reviewed the Addendum and FEIR No. 311 and has exercised its independent judgment in making the findings and determinations set forth herein; and 1. WHEREAS, the Planning Commission does find and determine that the request for a Conditional Use Permit for a vacation ownership resort should be approved for the following reasons: 2. That the proposed vacation ownership resort is an allowable use within the Hotel District (Development Area 2) of the Disneyland Resort Specific Plan (SP92-1) under Subsection 18.114.050.020.0201 of the Code, subject to approval of a conditional use permit; 3. That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located since the Proposed Project would be located within an existing hotel campus and is aesthetically consistent with the existing hotel towers. Additionally, the Proposed Project will incorporate several design features to ensure no new significant noise impacts will affect neighboring properties, including construction of a twelve -foot masonry wall along the western boundary of the outdoor pool area and insulation of roof -top mechanical equipment; 4. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety since the Proposed Project would be located on approximately 1.77 acres within the existing hotel complex. The Proposed Project will comply with all required height restrictions and setbacks; -2- PC2020-027 5. at the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area since the Proposed Project is a component of The Disneyland Resort Project envisioned and analyzed in FEIR 311. As demonstrated in the Traffic Analysis prepared for the Project by Gibson Transportation, Inc., the Project's traffic impacts were envisioned and analyzed in the EIR and the Project will not result in new, significant traffic impacts at nearby intersections or road segments or increase the severity of previous traffic impacts considered in the EIR. The Traffic Analysis also confirms the street systems in the DRSP have sufficient capacity to accommodate traffic to and from the Project Site after implementation of the Project; 6. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim since the project will be subject to the mitigation measures identified by FEIR 311 to mitigate potential impacts, including aesthetic, noise and traffic impacts; and 7. That there are adequate visitor -serving facilities in the City and the project will not preclude or significantly reduce the development of other needed tourist facilities or hotel or motel facilities since the Proposed Project will provide 350 units in a VOR to assist in meeting the demand for these types of units within The Anaheim Resort. Even accounting for the development of the Project within its 350 units and the existing hotel development within the Hotel District, there will remain 3,258 hotel rooms allowed for the Hotel District under the DRSP. WHEREAS, the Planning Commission does find and determine that the request for a Final Site Plan for the Proposed Project should be approved for the following reasons: 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. 92-1 and is consistent with the zoning and development standards of said Specific Plan, as described in Chapter 18.114 of the Code. 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, theme park and associated 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. -3- PC2020-027 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 presentation, 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anaheim, based upon a thorough review of the Proposed Project, the Addendum to FEIR No. 311 and FEIR No. 311, and the evidence received to date, does determine as follows: That the Addendum was prepared in compliance with the requirements of CEQA, the State 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 Addendum, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental environmental impact report or negative declaration have occurred; specifically; (a) There have not been any substantial changes to the Disneyland Resort Specific Plan or in any of the entitlements that were analyzed in FEIR No. 311 that require major revisions of FEIR No. 311 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 Proposed Project is undertaken that require major revisions of FEIR No. 311 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 FEIR No. 311 was certified as complete and adopted, that shows any of the following: (i) The Proposed Project will have one or more significant effects not discussed in FEIR No. 311; (ii) Significant effects previously examined will be substantially more severe than shown in FEIR No. 311; (iii) Mitigation 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 Proposed Project, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives; or (iv) Mitigation measures or alternatives which are considerably different from those analyzed in FEIR No. 311 would substantially reduce one or more significant effects on the environment, but the proponents of the Proposed Project decline to adopt the mitigation measures or alternatives. -4- PC2020-027 BE IT FURTHER RESOLVED that the Planning Commission, pursuant to the above findings and based upon a thorough review of the evidence received to date, does hereby approve Conditional Use Permit No. 2020-06054 and Final Site Plan No. 2020-00001, contingent upon and subject to the conditions of approval, attached hereto as Exhibit B 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. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered MMP No. 011.4, which is integrated with the aforementioned conditions of approval and together are represented as Exhibit B hereto, and does hereby approve and adopt MMP No. 011.4 for the Proposed Project. 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 July 20, 2020. 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. . a� • � Vii. • t • i i • ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2020-027 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 July 20, 2020, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of July, 2020. v SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2020-027 DEVNO. 2019-00173 APN; 129-321-14 W LYNNE AVE 330 v, Z 4� BE' 14C in f W LASTER AVE Source Recorded Tract Maps andlor City GI& Mease mote Cite accuracy Is ++ trip to five Peet. -7- PC2020-027 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2020-06054 AND FINAL SITE PLAN NO. 2020-00001 (DEV2019-00173) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF DEMOLITION PERMITS The property owner/developer shall submit Demolition and Import/Export Plans. The plans Public Works 1 shall include identification of offsite locations for material export from the project and Department, Traffic and options for disposal of excess material. These options may include recycling of materials Transportation Division 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 applicant 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 3.8-5) The applicant will establish an onsite public information office (which is conveniently and Public Works 2 accessibly located) where construction scheduling and phasing information will be available Department, Traffic and to the public. The public information office shall be open during construction hours. A Transportation Division telephone "hotline" will be provided to the community to allow members of the public to call the office with questions or comments during business hours. At least one liaison officer will be staffed at the office. The liaison officer shall be available to answer questions from the public and shall coordinate with the City of Anaheim, other public agencies, and major developers in the area regarding the coordination of construction activities and infrastructure improvements. The City shall be provided with a monthly summary of the calls received and follow-up actions. (MM 3.8-12) The applicant shall submit a Traffic Mitigation and Construction Phasing and Control Plan. Public Works 3 To the extent needed, as determined by the Public Works Department, the following project Department, Traffic and design features (PDF 3.8-1 — 3.8-8) require the applicant to submit at different times the Transportation Division; plans for construction of the Vacation Ownership Resort Project at Disneyland Hotel. The Planning & Building Traffic Mitigation and Construction Phasing and Control Plan shall identify the following: Department, Planning Services Division a) A Construction Barrier Plan showing the location and types of barriers to 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 provisions 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. (PDF 3.8-2) b) A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the extent feasible and in compliance with the Sound Pressure Level Ordinance. 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 flagpersons and construction signage at appropriate locations. The Truck Route Plan shall provide for monitoring of street conditions and potential repairing and/or repaving by property owner/developer after completion of construction as required by the City Engineer. (PDF 3.8-3) -8- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT c) 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 flagpersons to guide traffic, as determined in the plan. (PDF 3.8-4) PRIOR TO ISSUANCE OF GRADING PERMIT Prepare and submit a final grading plan showing building footprints, pad elevations, finished Public Works 4 grades, drainage routes, retaining walls, erosion control, slope easements and other pertinent Department, information in accordance with Anaheim Municipal Code and the California Building Code, Development Services latest edition. Division Prepare and submit a final drainage study, including supporting hydraulic and hydrological Public Works 5 data to the City of Anaheim for review and approval. The study shall confirm or recommend Department, changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm Development Services water runoff impacts resulting from build -out of permitted General Plan land uses. In Division addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. All required plans and studies shall be prepared by a Registered Professional Engineer. Public Works 6 Department, Development Services Division Submit a Water Quality Management Plan (WQMP) to the City for review and approval. Public Works 7 The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Department, Orange County Drainage Area Management Plan (DAMP) for New Development/ Development Services Significant Redevelopment projects. identify potential sources of pollutants during the long- Division term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit one (1) hard copy, one (1) CD copy, and a plan checking deposit to the Public Works/Development Services for consideration and approval. 8 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Public Utilities Engineering review and approval in determining the conditions necessary for providing Department, Water water service to the project. Engineering Division The applicant shall submit a Traffic Mitigation and Construction Phasing and Control Plan. Public Works 9 To the extent needed, as determined by the Public Works Department, the following project Department, Traffic and design features (PDF 3.8-1 — 3.8-8) require the applicant to submit at different times the Transportation Division; plans for construction of the Vacation Ownership Resort Project at Disneyland Hotel. The Planning & Building Traffic Mitigation and Construction Phasing and Control Plan shall identify the following: Department, Planning Services Division a) A Trip Reduction Plan (excluding the demolition for or relocation of the SCE transmission lines) for construction crew vehicles shall be prepared to reduce potential vehicle trips on the road and identify parking locations for construction employees and equipment. (PDF 3.8-5) -9- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT b) An Infrastructure Improvement Master Phasing Plan containing (a) infrastructure layout, (b) sizing, including supporting calculations, and (c) infrastructure construction phasing. (PDF 3.8-8) 10 The applicant shall show how the project will be in compliance with the Traffic Mitigation Public Works and Construction Phasing and Control Plan. (PDF 3.8-11) Department, Traffic and Transportation Division; Planning & Building Department, Planning Services Division The property owner/developer shall submit a thorough soils and geological report for the Public Works 11 area to be graded, based on proposed grading and prepared by an engineering geologist and Department, geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Development Services Code. (MM 3.6-1) Division The property owner/developer shall obtain required NPDES construction storm permits Public Works 12 from the State Water Resources Control Board, if applicable. Copies of the Notice of Intent Department, or permits, as applicable, shall be submitted to the City Engineer. (MM 3.8-3) Development Services Division The property owner/developer shall submit an emergency fire access plan to ensure that Fire Department 13 service to the site is in accordance with the Fire Department service requirements. (MM 3.10.1-3) The property owner/developer will submit a plan which details procedures that will be taken Fire Department, 14 if a previously unknown UST or other unknown hazardous materials or waste is discovered Environmental Protection onsite. Section Excluding the relocation of the SCE transmission lines or demolition, a detailed drainage Public Works 15 study and plan that identifies either no increase in area historic drainage flows and no Department, changes in area historic drainage patterns, except as already addressed through Project Development Services Design Features; or, that identifies additional drainage improvements to meet multi-year Division storm design frequency discharges for Phase II and Phase III improvements and to protect property in the event of a 100 -year storm design frequency shall be submitted for review and approval. It is noted that the City has adopted the Storm Drain Impact and Improvement Fee Program for the South Central City Area. Compliance with this Fee Program by the property owner/developer (per Ordinance No. 5491 and Resolution No. 95R-61 dated April 18, 1995) shall satisfy the requirements of this Mitigation Measure, or the City may enter into alternative financing arrangements with the applicant. (MM 3.10.8-2) The property owner/developer shall submit a letter identifying the certified archaeologist Public Works 16 that has been hired to ensure that the following actions are implemented: Department, a. The archaeologist must be present at the pre -grading conference in order to Development Services establish procedures for temporarily halting or redirecting work to permit the Division 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. -10- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 3.13-1) The property owner/developer shall submit a letter identifying the certified paleontologist Public Works 17 that has been hired to ensure that the following actions are implemented: Department, a. The paleontologist must be present at the pre -grading conference in order to Development Services establish procedures to temporarily halt or redirect work to permit the sampling, Division 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 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. 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. (MM 3.13-2) That a rough or precise grading plan prepared by a registered Civil Engineer shall be Public Works 18 submitted to the City Engineer for review and approval. (COA 8) Department, Development Services Division ONGOING DURING PROJECT DEMOLITIONAND CONSTRUCTION The applicant shall submit a quarterly update report showing construction activities for the Public Works 19 upcoming quarter which shall include traffic mitigation and control planning and Department; Planning & construction scheduling. (PDF 3.8-9) Building Department, Planning Services Division To decrease solid waste resulting from the construction phases, asphalt and concrete which Public Works 20 is demolished as a part of project demolition and construction may be crushed and reused Department, on the project site. (PDF 3.8-10) Development Services Division The applicant shall provide for the following: cleaning of all paved areas not maintained by Public Works 21 the City of Anaheim including, but not limited to, private streets and parking lots on not less Department, Operations than a monthly basis. Using water to clean streets, parking lots, and other areas shall be Division allowed on a periodic basis if allowed in the applicant's NPDES permit. Nightly washdown shall be allowed in the theme parks and, where advisable to maintain safe and sanitary working conditions, the back -of -house area, if allowed in the applicant's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the applicant's NPDES requirements. Applicant agrees that material deposited in the City storm drains shall not be in violation of the City's NPDES permit. (MM 3.7-4) The property owner/developer shall implement standard practices from all applicable codes Public Works 22 and ordinances to prevent erosion. (MM 3.8-2) Department, Development Services Division The following measures will be followed by the property owner/developer to reduce air Planning & Building 23 quality impacts: Department, Building Division; Public Works -11- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT a. Normal wetting procedures or other dust palliative measures shall be followed Department, during earth -moving operations to minimize fugitive dust emissions, in compliance Development Services with the City of Anaheim Municipal Code. Division b. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice daily 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 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 container area, remain six inches from the upper edge of the container area, and 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, scarpers, dozers, etc.) where practicable. j. Utilize existing power sources (e.g., power poles) or clean -fuel generators rather than temporary power generators, where practicable. k. Maintain construction equipment engines by keeping them properly tuned. Use low sulfur fuel for equipment, to the extent practicable. (MM 3.8-4) The property owner/developer shall implement the following to limit emissions from Planning & Building 24 architectural coatings and asphalt usage: Department, Building a. Use nonsolvent-based coatings on buildings, whenever appropriate. Division b. Use solvent -based coatings, where they are necessary, in ways to minimize solvent emissions. Encourage use of high -solid or water based coatings. (MM 3.8-6) 25 Construction noise shall be limited by the property owner/developer to 60 dBA along the Planning & Building property boundaries of The Disneyland Resort Specific Plan Area before 7:00 a.m. and after Department, Code 7:00 p.m. as governed by Chapter 6.7, Sound Pressure Levels, of the Anaheim Municipal Enforcement Division Code. (MM 3.8-7) 26 The property owner/developer shall ensure that all internal combustion engines on Planning & Building construction equipment are fitted with properly maintained mufflers. (MM 3.8-9) Department, Code Enforcement Division In the event that hazardous waste, including asbestos, is discovered during site preparation Fire Department, 27 or construction, the property owner/developer shall ensure that the identified hazardous Environmental Protection waste and/or hazardous material are handled and disposed of in the manner specified by the Section State of California Hazardous Substances Control Law (Health and Safety Code, Division -12- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20, Chapter 6.5), according to the requirements of the California Administrative Code, Title 30, Chapter 22, and the Uniform Fire Code, Article 87. (MM 3.8-10) If Anaheim Police Department or Anaheim TMC personnel are required to provide Police Department; 28 temporary traffic control services, the property owner/developer shall reimburse the City, Public Works on a fairshare basis, if applicable, for reasonable costs associated with such services. (MM Department, Traffic and 3.8-11) Transportation Division; City Attorney's Office 29 That the property owner/developer shall install and maintain specially designed construction Planning & Building barriers at the construction project perimeter areas. The construction sound barriers shall be Department, Planning a minimum height of 8' with a minimum surface weight of 1.25 lbs per square foot or a Services Division minimum Sound Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, 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. (COA 23) 30 A permit shall be obtained for removal of underground tanks by the property Fire Department; owner/developer. During removal of the underground storage tank, a representative from Environmental Protection the Environmental Protection Section shall be onsite to direct soil sampling. (MM 3.11-3) Section Remediation activities conducted on behalf of the property owner/developer of surface or Fire Department, 31 subsurface contamination not related to USTs shall be overseen by the Orange County Environmental Protection Health Department. Information on subsurface contamination from an underground storage Section tank shall be provided to the Fire Department. (MM 3.11-4) 32 The applicant shall implement all project design features or their environmental equivalent. Planning & Building The City of Anaheim Planning Department will ensure compliance through the mitigation Department, in monitoring process. (MM 3.2-1, MM 3.3-1, MM 3.4-1, MM 3.5-1, MM 3.7-1, MM 3.8-1, conjunction with any MM 3.9-1, MM 3.10-1, MM 3.10.2-1, MM 3.10.3-1, MM 3.10.5-1, MM 3.10.6-1, MM appropriate agencies or 3.10.9-1, MM 3.11-1, MM 3.12-1, MM 3.14-1) City Departments PRIOR TO THE PLACEMENT OF BUILDING MATERIALS ON BUILDING SITE That an all weather road/driving surface shall be provided from the roadway system to and Fire Department 33 on the construction site and to 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. (COA 11) 34 That the property owner/developer shall install and maintain specially designed construction Planning & Building barriers at the construction project perimeter areas. The construction sound barriers shall be Department, Planning a minimum height of 8' with a minimum surface weight of 1.25 lbs per square foot or a Services Division minimum Sound Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shall be constructed with suitable mullions, 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. (COA 23) PRIOR TO ISSUANCE OF BUILDING PERMITS Building plans shall be submitted by the property owner/developer and will be reviewed for Planning & Building 35 consistency with the Specific Plan. Department, Planning Services Division Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading Public Works 36 has been completed in accordance with the City approved grading plan. Department, -13- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Development Services Division The Parcel Map shall be recorded pursuant to the Subdivision Map Act and in accordance Public Works 37 with City code. Department, Development Services Division A Right of Way Construction Permit shall be obtained from the Development Services Public Works 38 Division for all work performed in the public right-of-way, including the existing driveway Department, replacement for ADA compliance and the removal of an existing ADA ramp. Development Services Division A private water system with separate water service for fire protection and domestic water Public Utilities 39 shall be provided and shown on plans submitted to the Water Engineering Division of the Department, Water Anaheim Public Utilities Department. Engineering Division All backflow equipment shall be located above ground outside of the street setback area in Public Utilities 40 a manner fully screened from all public streets and alleys. Any backflow assemblies Department, Water currently installed in a vault will have to be brought up to current standards. Any other large Engineering Division water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. All requests for new water services, backflow equipment, or fire lines, as well as any Public Utilities 41 modifications, relocations, or abandonments of existing water services, backflow Department, Water equipment, and fire lines, shall be coordinated and permitted through Water Engineering Engineering Division Division of the Anaheim Public Utilities Department. All existing water services and fire services shall conform to current Water Services Public Utilities 42 Standards Specifications. Any water service and/or fire line that does not meet current Department, Water standards shall be upgraded if continued use is necessary or abandoned if the existing service Engineering Division is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all Public Utilities 43 large domestic above -ground water meters and fire hydrants, including a five (5) -foot wide Department, Water easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide Engineering Division easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner and included and recorded in the Master CC&Rs for the project. The Owner/Developer shall submit to the Public Utilities Department Water Engineering Public Utilities 44 Division an estimate of the maximum fire flow rate and maximum day and peak hour water Department, Water demands for the project. This information will be used to determine the adequacy of the Engineering Division existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. -14- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Water improvement plans shall be submitted to the Water Engineering Division for approval Public Utilities 45 and a performance bond in the amount approved by the City Engineer and form approved Department, Water by City Attorney shall be posted with the City of Anaheim. Engineering Division Individual water service and/or fire line connections will be required for each parcel or Public Utilities 46 residential, commercial, industrial unit per Rule 18 of the City of Anaheim's Water Rates, Department, Water Rules and Regulations. Engineering Division Applicant shall contact Water Engineering for recycled water system requirements and Public Utilities 47 specific water conservation measures to be incorporated into the building and landscape Department, Water construction plans. Engineering Division Project design will incorporate the following energy-saving features. This energy savings Utilities Department, 48 will also contribute to reduced emissions: Water and Electric 1. Improved thermal integrity of structures and reduced thermal load through use of Services automated time clocks or occupant sensors. 2. Efficient heating and other appliances. 3. Incorporation of appropriate passive solar design. 4. Proper sealing of buildings. Use of drought -resistant landscaping wherever feasible to reduce energy used in pumping and transporting water. (PDF 3.4-6) The applicant shall submit a Traffic Mitigation and Construction Phasing and Control Plan. Public Works 49 To the extent needed, as determined by the Public Works Department, the following project Department, Traffic and design features (PDF 3.8-1 — 3.8-8) require the applicant to submit at different times the Transportation Division plans for construction of the Vacation Ownership Resort Project at Disneyland Hotel. The Traffic Mitigation and 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. (PDF 3.8-1) The applicant shall submit a Traffic Mitigation and Construction Phasing and Control Plan. Public Works 50 To the extent needed, as determined by the Public Works Department, the following project Department, Traffic and design features (PDF 3.8-1 — 3.8-8) require the applicant to submit at different times the Transportation Division; plans for construction of the Vacation Ownership Resort Project at Disneyland Hotel. The Planning & Building Traffic Mitigation and Construction Phasing and Control Plan shall identify the following: Department, Planning Services Division a) A Traffic Management Plan for phasing of roadway improvements, specifying the sequencing of construction to do the following: 1. Coordinate scheduling with other planed construction in the area, including the 1-5 widening project. 2. Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improvements, such as sewer, storm drain, and water line improvements. 3. Outline procedures for any required traffic detours during construction, including provision of tour bus stops. 4. Phase each roadway improvement to allow access to all existing business/residential areas. In some instances, this will require lane -by -lane renovation, temporary bypass roads, or traffic reroutes. 5. Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given location. 6. Sequence the construction of each roadway improvement to minimize disruption to residents and businesses. -15- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. (PDF 3.8-6) b) Infrastructure Coordination Plan showing how the project improvement construction schedules and haul routes will be coordinated with other areawide improvements. The applicant 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. (PDF 3.8-7) In order to conserve energy, the Disneyland Resort shall implement numerous energy saving Utilities Department, 51 practices in compliance with Title 10, which may include the following: Resource Efficiency • Consultation with the City energy -conservation experts for assistance with Section energy -conservation design features. • Use of high -efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100 -percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. • Use of electric motors designed to conserve energy. • Use of special lighting fixtures such as motion sensing lightswitch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal halide or high-pressure sodium for outdoor lighting and parking lots. (PDF 3.10.9-2) Building plans shall be submitted by the property owner/developer and will be reviewed for Planning & Building 52 consistency with the Specific Plan. (MM 3.1-1) Department, Planning Services Division 53 For parking facilities associated with the Hotel and Parking Districts, the property Planning & Building owner/developer shall submit plans detailing the setbacks for the parking structures and Department, Planning landscaping plans which minimize compatibility impacts of the parking facilities on Services Division surrounding areas, consistent with Section 5.8 of the Specific Plan. (MM 3.2-2) Appropriate traffic signal assessment fees shall be paid by the property owner/developer to Public Works 54 the City of Anaheim in amounts determined by the City Council Resolution in effect at the Department, Traffic and time of issuance of the building permit or credit given for City -authorized improvements. Transportation section [Note: See Development Agreement No. 96-01 regarding payment of traffic assessment fees.] (MM 3.3-2) The property owner/developer shall submit evidence that low emission paints and coatings Planning & Building 55 are utilized in the design and construction of all buildings in compliance with AQMD Department regulations. This information shall be denoted on the project plans and specifications. (MM 3.4-5) 56 For structures that are adjacent to residential areas, the applicant shall ensure that all Planning & Building mechanical ventilation units are shown on plans and installed in compliance with the Sound Department, Building Pressure Level Ordinance. (MM 3.5-8) Division 57 The property owner/developer shall submit for review and approval detailed foundation Planning & Building design information for the subject buildings, prepared by a civil engineer, based on Department, Building recommendations by a geotechnical engineer. (MM3.6-2) Division The property owner/developer shall submit a report prepared by a geotechnical engineer for Planning & Building 58 review and approval which shall investigate the subject foundation excavations to determine Department, Building if soft layers are present immediately beneath the footing site and to ensure that Division compressibility does not underlie the footing. (MM 3.6-3) -16- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The property owner/developer shall submit plans showing that the proposed structure has Planning & Building 59 been analyzed for earthquake loading and designed according to the most recent seismic Department, Building standards in the Uniform Building Code adopted by the City of Anaheim. (MM 3.6-4) Division 60 The property owner/developer shall submit landscaping and irrigation plans and an Planning & Building Irrigation Management Program to integrate and phase the installation of streetscape Department, Planning landscaping with the proposed construction schedule. This landscape plan shall include a Services Division maintenance program to control the use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff and overwatering. 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, including: 1. Project Information. 2. Maximum Applied Water Allowance and Estimated Applied Water Use expressed as annual totals. 3. Soil management report or specifications. 4. Landscape design plan. 5. Irrigation design plan. 6. Grading design plan. b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the application of fertilizers and pesticides do not exceed appropriate levels of frequencies. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan and Ordinance 6355, which require that the Estimated Applied Water Use (EAWU) be less than the Maximum Applied Water Allowance (MAWA) for the project (excluding theme parks), 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. (MM 3.7-3) 61 The property owner/developer shall submit a Construction Fire Protection Plan which shall Fire Department 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. (MM 3.10.1-4) Plans shall indicate that all buildings, exclusive of parking structures, shall have sprinklers Fire Department 62 installed by property owner/developer. (MM 3.10.1-5) -17- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Plans shall be submitted to ensure that development is in accordance with the City of Fire Department 63 Anaheim Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles weighing 75,000 pounds. c. All underground tunnels shall have sprinklers. Water supplies are required at the 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. A minimum residual water pressure of 20 psi shall remain in the water system. Flow rates for the public parking facilities shall be set at 1,000 to 1,500 gpm. (MM 3.10.1-6) The property owner/developer shall provide proof that school impact fees have been paid Planning & Building 64 consistent with State statute. [Note: For the Anaheim City School District, See 1998 Department, Building Certificate of Compliance executed by the Anaheim City School District and the Walt Services Division Disney Company.] (MM 3.10.5-2) Among the water conservation measures to be shown on plans and implemented by the Planning & Building 65 property owner/developer within the Specific Plan area include the following: Department, Planning • Use of low -flow sprinkler heads in irrigation system. Services Division • Use of waterways re -circulation systems. • Low -flow fittings, fixtures, and equipment, including low flush toilets and urinals. • Use of self-closing valves on drinking foundations. • Use of reclaimed water for irrigation and washdown when it becomes available. • Continuation of the existing cooling tower recirculation system. • Use of efficient irrigation systems such as drip irrigation and automatic systems which use moisture sensors. • Low -flow shower heads in hotels. • Water -efficient ice machines, dishwashers, clothes washers, and other water - using appliances. • Use of irrigation systems primarily at night when evaporation rates are lowest. • Provide information to the public in conspicuous places regarding water conservation. • Use of water -conserving landscape plant materials wherever feasible. • Use of vacuum and other equipment to reduce the use of water for washdown of exterior areas. (MM 3.10.6-2) The property owner/developer shall submit plans showing that each of the project's Utilities Department, 66 buildings will comply with the State Energy Conservation Standard for New Residential and Resource Efficiency Nonresidential Buildings (Title 24, Part 6, Article 2, California Code of Regulations). Section (MM3.10.9-2) -18- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The applicant shall enter into agreement with the City (dated March 18, 1997) to meet the Utilities Department, 67 increased electrical demands for opening day (June 30, 2011) of the Disneyland Resort. Electrical Engineering (MM 3.10.9-3) Division, City Attorney's Office The property owner/developer shall submit plans which shall ensure that buildings are in Utilities Department, 68 conformance with the State Energy Conservation Standards for nonresidential building Energy Services (Title 24, Part 6, Article 2, California Administrative Code). (MM 3.10.10-1) The property owner/developer shall submit plans which illustrate that all mechanical Planning & Building 69 equipment and trash areas for the subject buildings will be screened from adjacent public Department, Planning streets and adjacent residential areas. (MM 3.12-2) Services Division The property owner/developer shall submit a landscape and irrigation plan for areas outside Planning & Building 70 of the theme parks. This plan shall be prepared by a licensed landscape architect. The Department, Planning landscape plan shall include a phasing plan for the installation and maintenance of Services Division landscaping associated with that building permit. (MM 3.12-3) The property owner/developer shall demonstrate on plans that fuel-efficient models of gas- Planning & Building 71 powered building equipment have been incorporated into the proposed project to the extent Department, Building feasible. (MM 3.14-2) Services Division That plans shall be reviewed and approved by the Fire Department as being in conformance Fire Department 72 with the Uniform Fire Code. (COA 10) That the property owner/developer shall provide proof of their participation in the Anaheim Public Works 73 Transportation Network (ATN). (COA 54) Department, Traffic Engineering Division That in conjunction with the construction of the East and West Public Parking Facilities the Planning & Building 74 Hotel parking structures, and the South Parking Area Structure, no impact driven piles shall Department, Planning be allowed. (COA 63) Services Division PRIOR TO THE COMMENCEMENT OF STRUCTURAL FRAMING 75 Onsite fire hydrants shall be installed and charged, as required, by the property Fire Department owner/developer. (MM 3.10.1-2) PRIOR TO EACH FINAL BUILDING AND ZONING INSPECTION All public improvements shall be constructed by the developer, inspected and accepted by Public Works 76 Construction Services prior to Final building and zoning inspection. Department, Development Services Division All remaining fees/deposits required by Public Works department must be paid in full. Public Works 77 Department, Development Services Division Set all Monuments in accordance with the parcel map and submit all centerline ties to Public Public Works 78 Works Department. Any monuments damaged as a result of construction shall be reset to Department, the satisfaction of the City Engineer. Development Services Division Provide an updated Solid Waste Management Plan to include type of trash/organic/recycling Public Works 79 collection and program(s), and trash truck circulation utilizing City standards. Department, Operations Division Owner/Developer shall install an approved backflow prevention assembly on the water Public Utilities 80 service connection(s) serving the property, behind property line and building setback in Department, Water accordance with Public Utilities Department Water Engineering Division requirements. Engineering Division -19- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Transportation Management Association: Other measures to achieve trip reductions and Public Works 81 other TDM program objectives will be explored, including the formation of a Disneyland Department, Traffic and Resort Transportation Management Association (TMA), or an Anaheim Resort Area TMA. Transportation Division To increase the likelihood of success of the TDM program, cooperation among other groups and businesses who either have existing TDM programs or have a need for TDM programming could be networked with cast participants. By expanding the number of participants in the various programs, more benefit in trip reduction is likely to be achieved. The TMA would be responsible for matching cast and guest commute services; marketing/promoting ridesharing alternatives (i.e., vanpooling, bicycling, etc.); and providing a "fair share" payment of local TDM programs provided through the TMA. (PDF 3.3-17) To reduce the project's demand on potable water, the property owner/developer shall install Utilities Department, 82 water lines onsite so that reclaimed water may be used for landscape irrigation and other Water Engineering purposes, if and when it becomes available. (PDF 3.7-1) Division The existing solid waste recycling and waste minimization practices at the Disneyland theme Public Works 83 park shall be expanded as feasible to serve the Disneyland Resort. Existing practices include: Department, Operations • Usage of recycled paper products for stationary, letterhead, and packaging. Division • Recovery of materials such as aluminum and cardboard. • Collection of office paper for recycling. • Collection of polystyrene (foam) cups for recycling. • Collection of glass, plastic, kitchen grease, laser printer, toner, cartridges, oil, batteries, and scrap metal for recycling or recovery. (PDF 3.10.3-1) The Disneyland Resort will be developed with piping onsite to use reclaimed water when it Utilities Department, 84 is available from the County Sanitation District of Orange County (CSDOC), for use in the Water Engineering Disneyland Resort waterways and for irrigation. (PDF 3.10.6-1) Division 85 The applicant shall implement all project design features or their environmental equivalent. Planning & Building The. City of Anaheim Planning Department will ensure compliance through the mitigation Department, in monitoring process. (MM 3.2-1, MM 3.3-1, MM 3.4-1, MM 3.5-1, MM 3.7-1, MM 3.8-1, conjunction with any MM 3.9-1, MM 3.10-1, MM 3.10.2-1, MM 3.10.3-1, MM 3.10.5-1, MM 3.10.6-1, MM appropriate agencies or 3.10.9-1, MM 3.11-1, MM 3.12-1, MM 3.14-1) City Departments The property owner/developer shall comply with all SCAQMD offset regulations and Planning & Building 86 implementation of Best Available Control Technology (BACT) for all permitted new and Department, Planning modified stationary sources. Copies of permits shall be given to the Planning Department. Services Division (MM 3.4-2) For hotels, the property owner/developer shall submit an earthquake emergency response Fire Department 87 plan for review and approval. That plan shall require posted notices in all hotel rooms on earthquake safety procedures. (MM 3.6-6) The property owner/developer shall submit a Certificate of Substantial Completion, as Planning Department, 88 described in the Specific Plan, which establishes that the landscape irrigation systems have Planning Division been installed as specified in the approved landscaping and irrigation plans. (MM 3.7-5) 89 Emergency telephone service numbers shall be posted for at least one telephone in each Fire Department facility (for non -occupied facilities) and emergency telephone service numbers shall be posted at each telephone that is deemed appropriate by the Fire Department in each facility (for occupied facilities); prior to Opening Day, emergency telephone service numbers will be posted within The Disneyland Resort for all telephones that are deemed appropriate by the Fire Department. (MM 3.10.1-10) Excluding the relocation of SCE transmission lines, the Disneyland Administration Building Public Works 90 and demolition, the property owner/developer shall submit project plans to the Director of Department, Operations Maintenance for review and approval to ensure that the plans comply with AB 939, The Division -20- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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, administered by the Department of Maintenance. "(Note. Mitigation measure references "Director of Maintenance." This has been changed to Director of Public Works, inasmuch as City Maintenance functions are now overseen by the Public Works Department. Additionally, the Department of Maintenance reference in the mitigation measures has been changed to Department of Public Works, Streets and Sanitation Division.)" (MM 3.10.3-2) A solid waste management plan shall be submitted for review and approval by the applicant Public Works 91 for the Disneyland Resort theme parks to ensure that the project plans comply with AB 939, Department, Operations as administered by the City of Anaheim, and the County's and City's Integrated Waste Division Management Plans. Waste management mitigation measures that shall be taken to reduce solid waste generation shall include: a. Detailing the locations and design of back -of -house recycling facilities. b. Complying with all Federal, State, and City regulations for hazardous material disposal. c. Continuing participation 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 applicant shall implement numerous solid waste reduction programs at the Disneyland Resort, including: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collections and baling. • Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. • Providing trash compactors for nonrecyclable materials whenever feasible to reduce the total volume of solid waste and the number of trips required for collection. • Prohibition of curbside pick-up within Disneyland Resort.) (MM 3.10.3-3) 92 The property owner/developer shall submit a certified water audit for landscape irrigation Utilities Department, systems except for areas within the Theme Parks. (MM 3.10.6-3) Resource Efficiency Section The Southern California Gas Company has developed several programs which are intended Planning & Building 93 to assist in the selection of most energy-efficient water heaters and furnaces. The property Department, Energy owner/developer shall implement a program, as required, to reduce the demand on natural Services gas supplies. (MM 3.10.10-2) 94 The applicant shall participate in a landscape assessment and maintenance district, if one is City Attorney's Office established for the Anaheim Resort. [Note: The City of Anaheim formed the Anaheim Resort Maintenance District in 1999 (City Council Resolution No 99R-144)]. (MM 3.12-5) 95 That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" Fire Department devices as required and approved by the Fire Department. (COA 12) 96 That with the exception of landscaped areas in the theme parks, a licensed landscape Planning & Building architect shall certify to the Planning Department that all landscaping has been installed in Department, Planning accordance with landscaping plans approved by the City and on file with the Building Services Division Division of the Planning Department. (COA 19) -21- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT That gates shall not be installed across any driveway or private street in a manner which Public Works 97 may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates Department, Traffic shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and Engineering Division approval of the City Traffic and Transportation Manager prior to issuance of a building permit. (COA 44) 98 That all air conditioning facilities and other roof and ground mounted equipment shall be Planning & Building shielded from public view as required by the Specific Plan and the sound buffered to comply Department, Planning with City of Anaheim noise ordinances from any adjacent residential or transient occupied Services Division properties. Such information shall be specifically shown on the plans submitted for building permits. (COA 31) That except within the Theme Park District, all plumbing or other similar pipes and fixtures Planning & Building 99 located on the exterior of the building shall be fully screened from view of adjacent public Department, Planning rights-of-way and from adjacent properties by architectural devices and/or appropriate Services Division building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. (COA 32) That the water backflow equipment and any other large water system equipment shall be Public Utilities 100 installed to the satisfaction of the Public Utilities Department, Water Utility Division, in Department, Water either underground vaults or behind the Setback Realm area in a manner fully screened from Engineering Division all public streets and alleys. Such information shall be specifically shown on the plans submitted for Final Site Plan approval and for building permits. (COA 60) ONGOING Ongoing during project operations, on days where Disneyland Hotel convention parkers are Public Works 101 directed to park at the Pixar Pals parking structure, the Pixar Pals parking structure entrance Department, Traffic and on Magic Way shall be open and available for convention users. Transportation Division The Owner shall be responsible for restoring any special surface improvements, other than Public Utilities 102 asphalt paving, within any right-of-way, public utility easement or City easement area Department, Water including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, Engineering Division decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. 103 Transportation Demand Management Program Public Works The need to minimize cast vehicle trips to reduce congestion and improve air quality, Department, Traffic and consistent with the goals of both the Air Quality Management Plan (AQMP) of the South Transportation Division Coast Air Quality Management District (SCAQMD) and with the Regional Transportation Plan of the Sustainability Communities Strategy, is recognized. The Disneyland Resort will implement and administer a comprehensive Transportation Demand Management (TDM) program for all cast, which will strive to achieve an average vehicle ridership (AVR) goal of 1.5 persons per vehicle and, an average length of out -of -area guest stay of 1.72 days, by 2001. At this point in project development, it is not possible to predict precisely which programs and activities would be most successful for the Disneyland Resort in meeting these goals. In addition, applicant will review annually with the City any changes to the TDM Program and the Program's effectiveness toward achieving a 1.5 AVR. In consultation with the SCAQMD, the City of Anaheim and other agencies, and after analyzing the effectiveness of these items, The Walt Disney Company will select specific programs for implementation. -22- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Objectives of the TDM program are: • Increase ridesharing and use of alternative transportation modes by guests. • Meet the cast 1.5 AVR target • Provide a menu of commute alternatives for the Disneyland Resort cast, to reduce project -generated trips. • Provide transportation "linkages" to existing and future transportation modes (other than single -occupant vehicle travel) for both the Disneyland Resort cast and guests. Implementation strategies and elements of the TDM program for cast and guest trips are described below. Cast Making a commitment to commute management and trip reduction will become an integral part of the new -hire training. A menu of TDM program strategies and elements for both existing and future cast commute options would be examined, including, but not limited to, the following: • Onsite Service. Onsite services, such as food, retail, and other services may be provided to the cast. • Ridesharing. A computer listing of all cast members may be developed for the purpose of providing a "matching" of members with other cast members who live in the same geographic areas and who could rideshare to the Disneyland Resort. • Vanaoolin. A computer listing of all cast members may be developed for the purpose of matching numbers of cast who live in geographic proximity to one another and could comprise a vanpool to the Disneyland Resort. • Transit Pass. Los Angeles County Metropolitan Transportation Authority (LACMTA) and Orange County Transportation Authority (including commuter rail) passes may be promoted through financial assistance and onsite sales to encourage cast to use the various transit and bus services to the Disneyland Resort from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for cast members who choose to use this service. Financial incentives will be provided. • Shuttle Service. A computer listing of all cast members living in proximity to the Disneyland Resort may be generated, and a local shuttle program will be offered to encourage cast members to travel to work by means other than the automobile. • Bicyclin. A Disneyland Resort Bicycling Program may be developed to offer a bicycling alternative to cast members. Secure bicycle racks, lockers, and showers will be provided as part of this program. Maps of bicycle routes throughout the area would be provided to inform potential bicyclists of these options. • Rental Car Fleet. A "fleet vehicle" program may be developed to provide cast members 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 cast members use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Guaranteed Ride Home Program. The program may provide cast members 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. In essence, this program addresses the concerns of the cast -23- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT member who rideshares and might be stranded without a vehicle in the event of an emergency. • Housing Coordinator and Referral Program and Local Hiring Efforts. Continue to provide referral service to facilitate employees in finding housing and actively recruit prospective employees residing within 30 -minute commute shed. • Target Reduction of Longest Commute Trip. Design an incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. • Work Schedule o Staggered Shifts. The Disneyland Resort cast may work different hours throughout the daily hours of park operation. A thorough review of cast shifts would be undertaken to provide the potential for cast shifts during nonpeak travel times, thus lessening peak hour congestion. o Compressed Work Week. The Disneyland Resort may review the possibility of developing a "compressed work week" program, which provides for fewer work days but longer daily shifts, as an option for cast members. This program would help eliminate certain trips on certain days that would otherwise be generated daily by the Disneyland Resort Cast. o Telecommuting. The Disneyland Resort employs a variety of cast in different positions, cast members include clerical, office support, and administrative members. The Disneyland Resort may explore the possibility of a "telecommuting" program that would link some of these cast members to The Disneyland Resort via electronic means (e.g., computer with modem). This would help to eliminate certain trips that would otherwise be generated by a cast member who would otherwise physically need to be at the Disneyland Resort. • Work Environment/Facility Management o Parking Management. The Disneyland Resort may 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 Management Staff. The existing Disneyland theme park transportation management staff may be expanded onsite to accommodate new employees and to explore relationships with adjacent employers to determine whether joint efforts can lead to greater reductions in VMT by project employees. o Amenities. Transit systems, transit shelters, bicycle storage areas, and other amenities may be provided with efficient parking management for cast and guests. o Access. Preferential access to high occupancy vehicles and shuttles may be provided. o Delivery Management. Schedule deliveries in nonpeak traffic congestion hours to the extent reasonably practicable. • Financial Incentives In addition to the above items, certain financial incentives will be integrated into The Disneyland Resort TDM program, such as: o 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). -24- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT o Financial Incentive for Bicycling. Cast members may be offered financial incentives for bicycling to work; they would be provided with secure bicycle racks, lockers, and showers. o Special "Premium" for the Participation and Promotion of Trio Reduction. Tickets/passes to project theme parks and/or vacations could be offered to employees who recruit other cast members for vanpool, carpool, or other Disney trip reduction programs. o Delivery Management. Schedule deliveries in non -peak traffic congestion hours to the extent reasonably practicable. Guests Even through visitors are estimated to average nearly four persons per vehicle, additional programs and incentives could and will be provided to encourage even more guest use of ridesharing, transit, and other modes of travel to and from the Disneyland Resort. The applicant is currently developing a list of potential programs and is working with the City of Anaheim and OCTA on the provision of convenient linkages to other modes of transportation. Marketing materials for the Disneyland Resort will describe it as an "auto - free" zone with a range of transportation amenities where cars are not needed. (PDF 3.3-15) The Disneyland Resort traffic will be accommodated, and existing traffic conditions and Public Works 104 circulation patterns will be improved through implementation of the identified transportation Department, Traffic and and parking features, including parking facilities, monorail and pedestrian way/guest Transportation Division transportation systems and convenient access to parking facilities from the freeway. (PDF 3.4-4) The applicant will implement a comprehensive and aggressive Transportation Demand Public Works 105 Management (TDM) program for all project employees. (PDF 3.4-8) Department, Traffic and Transportation Division The existing Disneyland theme park and Disneyland Hotel special employment programs Planning & Building 106 such as summer employment for teachers and educational programs offering local high Department, schools students jobs will continue. The Walt Disney Company will also aggressively recruit Planning Services workers who are already a part of the resident work force in the region. Implementation of Division The Disneyland Resort Specific Plan will further efforts in offering employment opportunities at various socioeconomic levels. (PDF 3.9-1) The Disneyland Security Department shall be expanded to provide equivalent levels of Police Department 107 service to the entire Disneyland Resort. These services will include initial response, investigation, and report writing. Entry points to the theme parks will be patrolled by the Disneyland Security Department. (PDF 3.10.2-1) The applicant shall continue to provide and expand its Court Liaison program to meet the Police Department 108 needs of the Disneyland Resort. (PDF 3.10.2-3) The existing Disneyland theme park has developed and/or engaged in a series of educational Planning & Building 109 programs in cooperation with the local community and regional agencies and organizations, Department, Planning designed to enhance and complement the educational opportunities and experiences for the Services Division youth. The 10 educational programs that currently exist are indicated below (see Section 3.10.5, Schools, for detailed information regarding these programs): 1. The Disneyland Creativity Challenge Awards Program 2. Orange County Young Listeners Concerts 3. Junior Achievement (JA) 4. Work Exposure Day at Disneyland 5. Disney Magic Music Days 6. Job Search Strategy Class -25- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. "Free From Drugs" Program 8. Job Training Opportunities 9. School Support Programs 10. CIF Champion Celebration The applicant will continue these programs and/or substitute similar programs of equal importance. (PDF 3.10.5-1) The existing services and capabilities of the Disneyland Fire Department shall be extended Fire Department 110 within the Disneyland Resort. Existing services include preconstruction checks, reinvention of fires and alarms, preplanning for fires and evacuations, fire prevention program activities, and monitoring of pyrotechnics and special effects. (PDF 3.10.1-1) The current compliance efforts for hazardous materials utilized at the existing Disneyland Fire Department 111 theme park and Disneyland Hotel described under Section 3.11.1.1, shall be expanded to encompass the Disneyland Resort to ensure compliance with applicable laws and regulations. (PDF 3.11-1) The applicant shall implement the following measures to reduce emissions: Public Works 112 a. To the extent practicable, schedule goods movements for off-peak traffic hours. Department, Traffic andTransportation Division b. Use clean fuel for attraction rides and other uses, as practicable. (MM 3.4-3) The following will be achieved: (1) the 1.5 AVR target for all cast and (2) the average length Public Works 113 of the out -of -area guest stay of 1.72 days, or a demonstration that the SCAG VMT reduction Department, Traffic and targets have been met through other means. (MM 3.4-6) Transportation Division The property owner/developer shall coordinate earthquake training with the Fire Department Fire Department 114 for hotel staff and cast members. (MM 3.6-5) The operator of the public parking facilities shall provide an adequate staff of private Police Department 115 security officers for patrol and surveillance of the facilities. (MM 3.10.2-2) The applicant shall continue to provide anti -gang and substance abuse educational programs Police Department 116 which are currently provided for park security cast members. (MM 3.10.2-6) That any tree planted within the Setback Realm shall be replaced in a timely manner in the Planning & Building 117 event that it is removed, damaged, diseased and/or dead. (COA 21) Department, Planning Services Division That a licensed arborist shall be responsible for all tree trimming within the Setback Realm. Planning & Building 118 (COA 22) Department, Planning Services Division That sweeping operations in the parking facilities and private streets or on-site roadways Planning & Building 119 shall be performed utilizing sweeping/scrubbing equipment which operate at a sound level Department, Code measured not greater than 60 dBA at the nearest adjacent property line. (COA 24) Enforcement Division 120 That pressure washing operations for purposes of building repair and maintenance due to Planning & Building graffiti or other aesthetical considerations shall be limited to daytime hours of operation Department, Code between 7:00 am and 8:00 pm. (COA 25) Enforcement Division That property owner/developer shall be responsible for the removal of any on-site graffiti Planning & Building 121 within 24 hours of its application. (COA 33) Department, Code Enforcement Division That trash storage areas shall be provided and maintained in a location acceptable to the Public Works 122 Department of Maintenance and in accordance with approved plans on file with said Department, Operations Department. Such information shall be specifically shown on the plans submitted for Division building permits. (COA 41) -26- PC2020-027 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 123 That the applicant and/or property owner developer, as specified in the individual mitigation Planning & Building measures, shall be held responsible for compliance with the mitigation measures and that Department, Planning the applicant shall be responsible for implementation of the project design features Services Division identified in Final EIR No. 311 and Addendum and for complying with the Modified Mitigation Monitoring Program No. 0067, in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the applicant and/or property owner/developer, as specified in the individual mitigation measures, and the applicant for project design features, shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Final EIR No. 311 and Addendum that have been incorporated into the Modified Mitigation Monitoring Program No. 0067 (modified on Oct. 8, 1996). The Modified Mitigation Monitoring Program No. 0067, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. (COA 67) -27- PC2020-027