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03-15-2021 Page 1 of 4 City of Anaheim Planning Commission Agenda Monday, March 15, 2021 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Kimberly Keys • Chairperson Pro-Tempore: Natalie Meeks • Commissioners: Lucille Kring, Rosa Mulleady, LuisAndres Perez Dave Vadodaria, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment SPECIAL NOTICE DURING COVID-19 PANDEMIC On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID- 19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to Executive Order N-29-20, please be advised that Planning Commission members may participate in this meeting remotely. PUBLIC PARTICIPATION: Pursuant to Executive Order N-29-20 and given the current health concerns, members of the public can access the meeting live on-line, with audio and limited video, at www.anaheim.net/planning. Public participation may occur in three ways: (1) members of the public can submit comments electronically for Planning Commission consideration by sending them to planningcommission@anaheim.net or directly to the project planner as indicated on each item below. To ensure distribution to the Planning Commission prior to consideration of the agenda, please submit comments prior to 1:30 p.m. the day of the meeting. Public comments submitted after 1:30 p.m. will be posted to the Planning Commission website the day after the meeting. Email addresses and phone numbers will be redacted; (2) members of the public can provide in-person comments via microphone in the lobby of City Hall. Social distancing measures will be in place, masks are required, and once a participant has made a public comment, the participant will be asked to exit the building; and (3) members of the public can contact the Planning and Building Department at 714- 765-5139, the project planner as indicated on each item below, or planningcommission@anaheim.net with any questions. A copy of the staff report may be obtained 03-15-2021 Page 2 of 4 on the City of Anaheim website www.anaheim.net/planning on Thursday, March 11, 2021, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection by contacting the Planning and Building Department at 714-765-5139 during regular business hours, or by contacting the project planner as indicated on each item below. ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the Building and Planning Department at 714-765-5139 or planningcommission@anaheim.net, no later than 8:00 a.m. on the day of the scheduled meeting. APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 03-15-2021 Page 3 of 4 Public Hearing Items ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2019-06022 VARIANCE NO. 2020-05147 (DEV2019-00040) Location: 3255 East Miraloma Avenue Request: The applicant requests approval of a conditional use permit to establish a new outdoor water park in an Orange County Water District retention basin and a variance from development standards to permit a decomposed granite parking lot. Environmental Determination: The Planning Commission will consider whether an Addendum to Anaheim Canyon Specific Plan EIR No. 348 is the appropriate environmental documentation to comply with the California Environmental Quality Act. Resolution No. ______ Project Planner: Peter Lange PLange@anaheim.net ITEM NO. 3 ZONING CODE AMENDMENT NO. 2021-00176 (DEV2021-00002) Location: Citywide Request: A City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code modifying Chapters 18.16 (Regulatory Permits) and 18.38 (Supplemental Use Regulations) to provide additional standards related to separation requirements for Community Care Facilities – Unlicensed (commonly known as group homes) and Sober Living Homes. Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2) and 15061(b)(3), in that the activity will not result in a direct or reasonably foreseeable indirect change in the environment. Motion Project Planner: Joanne Hwang jhwang@anaheim.net 03-15-2021 Page 4 of 4 Adjourn to Monday, March 29, 2021 at 5:00 p.m. CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. March 10, 2021 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 8:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 8:00 de la mañana un día hábil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: March 15, 2021 SUBJECT: CONDITIONAL USE PERMIT NO. 2019-06022 VARIANCE NO. 2020-05147 LOCATION: 3255 East Miraloma Avenue (Anaheim Adventure Aqua Park) APPLICANT/PROPERTY OWNER: The applicant is Dave Wabiszewski of Anaheim Adventure Aqua Park. The property owner is the Orange County Water District. REQUEST: The applicant requests approval of a Conditional Use Permit to establish a new outdoor water park in an Orange County Water District retention basin and a Variance from development standards to permit a decomposed granite parking lot. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that an Addendum to previously certified Final Environmental Impact Report No. 348 is the appropriate environmental document for this project ; and, approving Conditional Use Permit No. 2019-06022 and Variance No. 2020-05147. BACKGROUND: The project site is the 13.38-acre Miraloma Recharge Basin which is owned and operated by the Orange County Water District (OCWD). The Project provides vehicular access to the site through t wo paved driveways on Miraloma Avenue with the eastern driveway as the point of entry and the western driveway as the point of exit. The project site has an existing c oncrete masonry unit (CMU) wall, which ranges from six feet on the eastern, northern, and western portion of the site to eight feet along the southern perimeter of the project site, which abuts Miraloma Avenue. In addition, the OCWD maintains a pump station for operation and maintenance purposes of the recharge basin which is located in the northern portion of the site. The Project site is loc ated within Development Area No. 6 of the Anaheim Canyon Specific Plan (SP 2015-1) and has a General Plan designation of Open Space-Water (OS-W). The site is bordered by industrial and open space uses, including OCWD Kramer Basin to the west, OCWD Miller Basin to the north, industrial uses to the east, and industrial uses and a religious facility to the south of the site. CONDITIONAL USE PERMIT NO. 2019-06022 AND VARIANCE NO. 2020-05147 March 15, 2021 Page 2 of 5 PROPOSAL: The applicant proposes a Conditional Use Permit to establish and operate a seasonal outdoor water park located at the Miraloma Recharge Basin. The project scope consists of temporary structures for a pro-shop, a life jacket distribution unit, and restrooms, all of which would be modular and portable and would be located within the southwest portion of the site. The land based improvements would also consist of moveable shaded seating areas which will be placed along the perimeter of the water line. In addition, the land based improvements would include 101-parking parking spaces located on the decomposed granite drive aisle in the southern portion of the site. Each parking space would have a pre-case concrete wheel stop, and gypsum chalk would be used to denote the parking stalls dimensions. The scope of work for the water based recreational amenities would include floating recreational equipment such as inflatable slides, runways, jumping pillows, bouncers, swings, ramps, jumps, ladders, slides, and bridges as well as kayaks and paddle boards. The primary attraction for the proposed water park facility, the obstacle course, would be located in the southwestern corner of the basin. A buoy rope line, denoting various depths, would encircle the obstacle course. Further north, a secondary buoy rope would designate the paddle board and kayak area, and a third buoy line located at the northern end of the Miraloma Basin would have a sign denoting “restricted area” to restrict water park patrons. SITE PLAN CONDITIONAL USE PERMIT NO. 2019-06022 AND VARIANCE NO. 2020-05147 March 15, 2021 Page 3 of 5 The operational hours for the proposed use would consist of Monday through Friday from 10:00 AM to 7:00 PM and Saturday and Sunday from 9:00 AM to 7:00 PM for the months of May through September. The operational hours for the months of April and October would consist of Monday through Friday from 10:00 AM to 4:00 PM and Saturday and Sunday from 9:00 AM to 4:00 PM. The facility would have a total of approximately 20-25 temporary seasonal employees, one of which will be a full-time security guard to monitor premises 24-hours per day, seven days per week. The project scope also includes a Variance request to deviate from the surfacing material requirements for the parking lot per Chapter 18.42.060 of the AMC. Specifically, Chapter 18.42.060 requires materials such as concrete or asphalt to be incorporated for proposed parking lots, and the project scope proposes to retain the decomposed granite as the parking lot material. FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a Conditional Use Permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a Conditional Use Permit is authorized by the Zoning Code; 2) 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; 3) 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; 4) That 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; and 5) 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. The project site is located within Development Area No 6 of the Anaheim Canyon Specific Plan (SP 2015-1), and the establishment of a commercial outdoor recreation facility is permitted through the processing and approval of a Conditional Use Permit (CUP). The project site, the Miraloma Recharge Basin, is bordered primarily by industrial uses to the north, east, and west, and an industrial and a religious use to the south. The closest residential uses are approximately 1,500 feet (0.29 miles) to the northwest of the project site. The project scope for the water park use would not involve any permanent buildings or structures; rather, the proposed pro-shop, a life-jacket distribution unit, and restrooms would be temporary. The structures, which would be loc ated in the southwest portion of the site, would not encroach into the required setbacks. The structures would be, at a minimum, 24 feet from the front yard setback (15 feet is required), and 10 feet from the side yard property lines (whereas a zero foot setback is required). Finally, the inflatable recreational components will not impact the circulation or the layout of the site as the inflatable components will be placed in the basin (and secured to the bottom of the basin floor) prior to and at the conclusion of each operating season. The project use would be confined to the project site and would not result in any improvements which could impact the neighboring land uses. The proposed project would not result in any health or safety impacts as the applicant would be required to monitor and maintain water quality of the basin and to ensure the project does not pollute, contaminate, or otherwise adversely impact water quality, and water monitoring testing would CONDITIONAL USE PERMIT NO. 2019-06022 AND VARIANCE NO. 2020-05147 March 15, 2021 Page 4 of 5 occur to ensure that the project complies wit h Orange County Environmental Health requirements and recommendations. The applicable parking category, recreation-commercial outdoor parking, requires the preparation of a Parking Study or a Parking Justification Letter prepared by an independent California state licensed traffic engineer. A parking justification letter was provided as a parking demand study could not be prepared as similar water park facilities are currently not operating. The Parking Justification letter sampled the number of parking spaces provided for two similar water park recreational facilities and the number of parking spaces proposed for the proposed project. Specifically: The Parking Justification letter identifies that the project, which is smaller in overall acreage size, provides more parking spaces than the two entitled water park facilities, at a rate of approximately 7.5 spaces per acre. The Parking Justification Letter concludes that the 101 parking spaces proposed for the water recreational use would be sufficient to satisfy the parking demands for both staff and water park patron parking. 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. A Trip Generation and Queuing analysis and a Vehicle Miles Traveled (VMT) assessment memo was prepared for the project to identify any potential traffic or circulation impacts generated by the project . The Trip Generation and Queuing analysis identified that the project would generate 9 trips during the weekday AM peak hour, 29 trips during the weekday PM peak hour, 40 trips during the Saturday peak-hour , and 34 trips during the Sunday peak-hour. The amount of peak-hour trips generated would not trigger a traffic improvement phasing analysis as less than 100 peak hour trips would be generated by the project. The VMT analysis prepared found that the vehicle miles traveled generated by the project would fall within the amount analyzed in the City’s traffic model as part of the Anaheim Canyon Specific Plan (ACSP) Environmental Impact Report (EIR). The proposed project would not result in any impacts beyond those identified in the previously certified ACSP EIR (EIR No. 348). Variance: The applicant requests a Variance to deviate from the parking lot surfacing requirement as outlined in Chapter 18.42.060 of the AMC. Specifically, Chapter 18.42.060 requires all vehicle parking and outdoor storage areas shall be fully paved with solid materials, such as concrete or asphalt and the project scope proposes to retain the existing decomposed granite as the parking lot material. The Planning Commission may grant the requested Variance upon a finding that the evidence presented shows that all of the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; 2) That, because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. CONDITIONAL USE PERMIT NO. 2019-06022 AND VARIANCE NO. 2020-05147 March 15, 2021 Page 5 of 5 The project proposes a seasonal outdoor water park facility located in the Miraloma Recharge Basin and would operate primarily from May to September with additional operating hours during the months of April and October. During the periods in which the water park is not operating, the designated parking area is utilized by OCWD for grading and stockpiling activities to support the operation of the Miraloma Recharge Basin. The grading activities which would occur during the offseason would demolish the concrete paving if the parking area were to be paved, and the area would need to be repaved prior to each operating season for the water park, which would be a significant time and cost effort. In addition, the site condition is rather unique as there would be two land uses operating on the project site, as the water park would operate only four to five months per year and the operation of the Miraloma Recharge basin would occur through the remainder of the year. The type of use is also unique as only two other water park facilities were identified in the state and although both have permanent parking areas (i.e. paved areas), the facilities operate year round whereas the Anaheim Adventure Water Park would only operate during a small period of the year (i.e. four to five months). Given these circumstances, staff supports the request for a Variance to permit the existing decomposed granite as the parking lot surface. Environmental Impact Analysis: In January 2016, the Anaheim City Council certified Final Environmental Impact Report (EIR) No. 348, concurrent with the adoption of the Anaheim Canyon Specific Plan (ACSP). An Addendum to EIR No. 348 has been prepared to evaluate the potential environmental effects of the proposed project. The Addendum analyzed whether the environmental effects from the proposed project would be any different from those disclosed by EIR No. 348. The Addendum concluded that there are two measures applicable to the proposed project, which the Applicant has satisfied through the preparation of the one of which is satisfied by the applicant Anaheim Adventure Aqua Park Air Quality Odor Assessment, the Applicant will satisfy the second measure through the payment of the applicable fees required for the proposed project. Through the implementation of the mitigation measures identified in the Addendum, the Proposed Project would not result in any environmental impacts beyond those identified in the previously certified EIR No. 348. CONCLUSION: Staff believes that granting the Conditional Use Permit would be compatible with the surrounding uses and that there is justification for a Variance to allow the parking lot material to remain decomposed granite. For these reasons staff recommends approval of Conditional Use Permit No. 2019-06022 and Variance No. 2020-05147. Prepared by, Submitted by, Peter Lange Niki Wetzel, AICP Contract Planner Deputy Director of Planning and Building Attachments: 1. Draft Resolution 2. Project Description 3. Project Plans 4. Variance Justification Letter 5. Parking Justification Letter 6. Addendum to EIR No. 348 SP 2 015-1 DEV 2019 -0004 0 RESERVOIR SP 2 015-1 DA6 RESERVOIR SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 ZUMA BUSINESS PARK SP 2015-1 DA1 RETAIL SP 2015-1 DA1 RELIGIOUS USE SP 2 015-1 DA1 PANATTONI ANAHEIM CONCOURSE SP 2 015-1 DA6 RESERVOIR SP 2 015-1 DA6 RESERVOIR SP 2 015-1 DA6 RESERVOIR SP 2 015-1 DA6 RESERVOIR SP 2 015-1 DA6 RESERVOIRSP 2 015-1 DA6 RESERVOIR SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 INDUSTRIAL SP 2015-1 DA1 INDUSTRIAL SP 2 015-1 DA1 SF R S P 2 0 1 5 -1 R E S E R V O I R E M I R A L O M A A V E N D Y N A M I C S S T E . M I R A L O M A A V E E . L A P A L M A A V E E .O R ANGETHO RPE AVE N . T U S T I N A V E N . M I L L E R S T E. CROWTHER AVE D E V N o. 201 9-00040 Subject Property APN: 345-061-06 °0 50 100 Feet Aeria l Ph ot o: Ma y 2 02 0 3 2 5 5 EAST MIRALO MA AVENUE E M I R A L O M A A V E N D Y N A M I C S S T E . M I R A L O M A A V E E . L A P A L M A A V E E .O R ANGETHO RPE AVE N . T U S T I N A V E N . M I L L E R S T E. CROWTHER AVE D E V N o. 201 9-00040 Subject Property APN: 345-061-06 °0 50 100 Feet Aeria l Ph ot o: Ma y 2 02 0 3 2 5 5 EAST MIRALO MA AVENUE [DRAFT] ATTACHMENT NO. 1 -1- PC2021-*** RESOLUTION NO. PC2021-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2019-06022 AND VARIANCE NO. 2020-05147 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00040) (3255 EAST MIRALOMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2019-06022 to permit a seasonal recreational aqua park within the Miraloma Recharge Basin and (ii) Variance No. 2020-05147 to deviate from the surfacing requirements for the parking lot as decomposed granite (dg) is proposed (“Proposed Project”) at that certain real property located at 3255 E. Miraloma Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, is approximately 13.38-acre in size and consists of the Miraloma Recharge Basin, and supportive infrastructure and structures. The Property is located within the “Water” land use designation of the Anaheim General Plan in Development Area No. 6 of the Anaheim Canyon Specific Plan (SP2015-1) and is subject to the zoning and development standards contained in Chapter 18.20 (Anaheim Canyon Specific Plan) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25- 20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on March 15, 2021 at 5:00 p.m. and notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2019-06022 and Variance No. 2020- 05147 and to investigate and make findings and recommendation in connection therewith; 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 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and -2- PC2021-*** WHEREAS, in January 2016, the Anaheim City Council certified Final Environmental Impact Report (FEIR_No. 348), concurrent with the adoption of the Anaheim Canyon Specific Plan (ACSP) and create a Mitigation Monitoring Program No. 312 to mitigate those impacts. The project is designated within Development Area No. 6 in the Anaheim Canyon Specific Plan (SP 2015-1); and WHEREAS, a draft Addendum to EIR No. 348 has been prepared to evaluate the environmental impacts of the proposed project and to identify necessary mitigation. The Addendu m indicates there are two measures applicable to the proposed project, one of which is satisfied by the applicant paying the applicable fees required for the development and the second is satisfied by the Anaheim Adventure Aqua Park Air Quality Odor Assessment. Through the implementation of the mitigation measures identified in the Addendum, the Proposed Project would not result in any environmental impacts beyond those identified in the previously certified EIR No. 348; 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 for Conditional Use Permit No. 2019-06022, does find and determine the following: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. The permitting of an outdoor water park facility requires the processing and approval of a Conditional Use Permit within Development Area No. 6 of the Anaheim Canyon Specific Plan (SP 2015-1) and is subject to the requirements outlined in Chapter 18.120 of the AMC and; 2. 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 because the water recreational park will be located in the Miraloma Recharge Basin. The Proposed Project consists of temporary structures, such as a pro-shop, life jacket distribution unit, and portable restrooms located in the southwest portion of the site. The Proposed Project also includes the floating recreational amenities which will be placed within the subject water basin. The Proposed Project does contain permanent structures; however, the structures are located in the northwest portion of the site and are utilized by the Orange County Water District. In addition, the project scope includes 101 parking spaces proposed in the southern portion of the site for customers and employees of the proposed water recreational park. The material proposed for the spaces would be the existing decomposed granite (dg) and no paving is proposed. The Proposed Project will not result in any changes which would impact the neighboring land uses. 3. 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 in that the site is already developed with the Miraloma Recharge Basin with supportive infrastructure and structures. The Proposed Project proposes to establish a seasonal water park which includes temporary landside structures consisting of a pro-shop, life jacket distribution unit, and restrooms, as well as shade seating areas which would be adjacent to the water front. The Proposed Project would also include the placement of floatable recreational amenities which would be placed within the basin. The Proposed Project would not result in any health or safety impacts as the applicant would be required to monitor and maintain water quality of the basin and to ensure the project does not pollute, contaminate, or otherwise adversely impact water quality, and that the -3- PC2021-*** water monitoring testing complies with Orange County Environmental Health requirements and recommendations. The Project can adequately incorporate the improvements proposed to permit the proposed seasonal use and no impacts would occur which could impact the health or safety of the surrounding area. 4. 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. A Trip Generation and Queuing analysis and a Vehicle Miles Traveled (VMT) assessment memo was prepared for the project to identify any potential traffic or circulation impacts generated by the project. The Trip Generation and Queuing analysis identified that the Proposed Project would generate 9 trips during the weekday AM peak hour, 29 trips during the weekday PM peak hour, 40 trips during the Saturday peak-hour and 34 trips during the Sunday peak-hour. The amount of peak-hour trips generated would not trigger a traffic improvement phasing analysis as less than 100 peak hour trips would be generated by the project. The VMT analysis prepared found that the vehicle miles traveled generated by the project would fall within the amount analyzed in the City’s traffic model as part of the Anaheim Canyon Specific Plan (ACSP) Environmental Impact Report (EIR). The Proposed Project would not result in any impacts beyond those identified in the previously certified ACSP EIR. (EIR No. 348). 5. 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 in that site development standards proposed for the Proposed Project are consistent with the development standards of Development Area No. 6 of the Anaheim Canyon Specific Plan (SP 2015-1). 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 pertaining to the request for Variance No. 2020-05147 to retain the parking lot material as decomposed granite (dg) whereas Chapter 18.42.060 of the AMC requires solid material such as concrete or asphalt does find as follows: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Specifically the Proposed Project proposes a seasonal outdoor water park facility located in the Miraloma Recharge Basin and would operate primarily from May to September with additional operating hours during the months of April and October. During the periods in which the water park is not operating, the designated parking area is utilized by OCWD for grading and stockpiling activities to support the operation of the Miraloma Recharge Basin. The grading activities which would occur during the offseason would demolish the concrete paving if the parking area were to be paved and the area would need to be repaved prior to each operating season for the water park, which would be a significant time and cost effort. In addition, the site condition is rather unique as there would be two land uses operating on the project site, as the water park would operate only four to five months per year and the operation of the Miraloma Recharge basin would occur through the remainder -4- PC2021-*** of the year. The type of use is also unique as only two other water park facilities were identified in the state and although both have permanent parking areas (i.e. paved areas), the facilities operate year round whereas the Anaheim Adventure Water Park would only operate during a small period of the year (i.e. four to six months). Since the project has a dual uses and operations, it does not seem feasible to require a paved parking area. WHEREAS, this 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. This 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2019-06022 and Variance No. 2020-05147, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2019-06022 and Variance No 2020-05147 is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Code. 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, (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 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. 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. -5- PC2021-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 15, 2021. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 March 15, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of March, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -6- PC2021-*** EXHIBIT “A” CONDITIONAL USE PERMIT NO. 2019-06022 VARIANCE NO. 2020-05147 (DEV2019-00040) -7- PC2021-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2019-06022 VARIANCE NO. 2020-05147 (DEV2019-00040) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF GRADING PERMIT 1 The project’s Final Grading shall be submitted for review and approval to the Development Services Division. Public Works Development Services 2 The applicant shall demonstrate that coverage has been obtained under California’s General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPP). A copy of the current SWPPP shall be kept at the project site and available for City review upon request. Public Works Development Services 3 A private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 4 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large 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. Public Utilities Water Engineering 5 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering -8- PC2021-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 The Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the 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. Public Utilities Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTION 7 All grading shall be completed. The Civil Engineer shall survey and certify the designed elevations and submit a line and grade certification to Public Works. Public Works Development Services 8 All remaining fees/deposits required by Public Works department must be paid in full. Public Works Development Services OPERATIONAL CONDITIONS 9 Ongoing during project operations, should the vehicle queue reach Miraloma Avenue, staff members shall be positioned at the end of the on-site queue near the project entrance to direct traffic to the next available parking spaces. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. If the vehicle queue encroaches into the public right -of-way, the property owner/water park operator shall submit a revised parking plan to mitigate the issue to the satisfaction of the City Traffic Engineer. Public Works Traffic Engineering 10 Ongoing during project operations, both project gates on Miraloma Avenue shall remained opened during business hours. Public Works Traffic Engineering 11 Ongoing during project operations, the parking lot striping shall be inspected and maintained as a part of the Aqua Park staff’s daily scheduled maintenance. Parking stall striping over the decomposed granite parking surface shall be visible and conform to City standards and the approved plans. Public Works Traffic Engineering 12 Ongoing during project operations, vehicle deliveries including loading and unloading shall be performed on site. Deliveries shall not take place on any part of the public right-of-way. Public Works Traffic Engineering -9- PC2021-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 13 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department 14 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department 15 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant’s indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department 16 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities, Electrical Engineering City of Anaheim CUP Project Application Anaheim Adventure Aqua Park PART I – APPLICANT INFORMATION Applicant: Anaheim Adventure Aqua Park Dave Wabiszewski 28430 Corte Portofino Menifee, CA 92584 (714) 747-3459 DavidW3459@gmail.com Contact: Anaheim Adventure Aqua Park Dave Wabiszewski 28430 Corte Portofino Menifee, CA 92584 (714) 747-3459 DavidW3459@gmail.com Property Owner: Orange County Water District D. Park 18700 Ward Street Fountain Valley, CA 92708 (714) 378-3200 PART II – PROPERTY DESCRIPTION Location: The project site is located at 3255 E. Miraloma Avenue in the city of Anaheim between of E. Miraloma Avenue and N. Miller Street. To the north of the site is a water basin owned by the Orange County Flood Control with a mix of industrial buildings. To east is industrial business complex. To the west is Eastside Christian Church (across Miraloma Ave.) and other industrial businesses. To the west is the Kraemer Basin, also owned and operated by The Orange County Water District. Size: 13.5 total acres / 9.6 (wetted) acres ATTACHMENT NO. 2 2 General Plan: DA6 Zoning: Anaheim Canyon Specific Plan – SP 2015-01 Open Space / Water Land Use: The proposed project site is consists of one groundwater recharge basin, covering 9.6 wetted acres which is dedicated to and receives water from the Ground Water Replenishment System (GWRS) pipeline for percolation. APN: 345-061-06 PART III – PROJECT DESCRIPTION General Project Description: The proposed project is located at the existing Miraloma Percolation Basin owned and operated by the Orange County Water District (see attached exhibits on pages 8-9) , which will not only serve as a recharge basin but once the project is approved will also create a city tax generating use. Constructed in 2012, the Miraloma Percolation Basin is the Orange County Water Districts 21st Basin. The basin was developed to increase overall groundwater recharge. Once at the basin the water filters into the central and north Orange County’s aquifer which is the final cleaning process to filter out any impurities from the water. The project will consist of the Aqua Park obstacle course with other selfpropelled features such as Kayaks, Paddle Boards and Peddle Boats . This project will create a new tax generation business for the city of Anaheim. In addition, the Aqua Park will create a family oriented community benefit for all to enjoy. Project: An Aqua Park is a fun and safe family friendly water attraction. They consist of a series of inflatables slides, runways, jumping pillows and bouncers all connected together creating the 3 ultimate obstacle course. Coming in a variety shapes and sizes, aqua parks can feature swings, ramps, jumps, ladders, slides and wiggle bridges. Aqua Parks are entreating for all ages, all skills levels and create a safe fun experience. Anaheim Adventure Aqua Park will be the first of its kind in the City of Anaheim. The project is proposing to use the obstacle course from AquaGlide, which is one of the largest providers of water obstacle courses with the ISO ratings. Anaheim Adventure Aqua Park will be using the AquaPark “Ring Monsoon XXL 225”. With over 50 obstacles to choose from the park creates a fun environment for all ages. Examples of the AquaPark Ring Monsoon XXL 225 are attached as exhibits on pages 12-14. Proposed General Plan: Conforming to the Anaheim Specific Plan Proposed Zoning: Conforming – Open Space / Water Parking Spaces: A total of 101 parking spaces with 4 handicapped spaces will be provided. Similar to many parks within the County of Orange, we are proposing to use the existing DG lot. Parking spaces will be delineated by wheel stops. Additionally, we will provide 4 ADA parking stalls using the same wheel method, but will be painted blue along with the required ADA parking posting. There will be a pathway for wheeled access to the Proshop area and beach. Please see the attached exhibits on pages 15 and 16 that showcase County Park unpaved parking areas. We would be proposing to be exempt to the Green Building Code section 5.106.5.3.3 as indicated under exceptions. The applicant will not be building any new buildings on site and all buildings placed on site will be mobile modular, as seen per the exhibits on pages 18 and 19. 4 Amenities: Non-permanent shade structures will be provided which will have lounge area for guests. See attached exhibit on page 17. Food: We anticipate to partner with a food truck service from the commissary located on E. Coronado and N. Kraemer Boulevard in Anaheim after the business is in operation. Trash Route: It is proposed that the trash truck enter on the east entrance of the site to the trash location site on the west end. The proposed driveway aisle is 18 feet in width. Throughout the truck’s travel path through the site, minimum turning radii of 37’ are provided as required by City standards. The trash truck would then be able to easily exit back onto Miraloma Avenue from the west exit. The trash carts will be located on the southwest end of the site; out of public view behind the Proshop. The carts will be wheeled out for service as necessary. Food waste recycling and commercial recycling carts will be utilized per CalRecycle. We will be coordinating with Anaheim Disposal AKA Republic Services with reporting and educational needs. Hours of Summer Hours Include: May - September Operation: Monday thru Friday 10am – 7pm Saturday 9am – 7pm Sunday 9am – 7pm Seasonal Hours Include: April and October Seasonal Hours (due to California weather) Monday thru Friday 10am – 4pm Saturday 9am – 4pm Business Sunday 9am – 4pm Operations: Anaheim Adventure Aqua Park anticipates employing 10-15 part time employees. All employees will be CPR/First Aid certified. Lifeguards will be licensed and certified by Red Cross and/or YMCA. The park will be regulated by Orange County Health Care Agency. 5 PART IV – ATTACHMENTS Description and Justification: The proposed project consists of an Aqua Park. On-site amenities would include: 1. Modular Pro Shop – approximately 300 square feet – See attached exhibit on page 18. 2. Mobile Modular Restrooms / Changing – portable trailer restrooms - See attached exhibit on page 19. a. Cleaned and monitored through business hours. b. Professionally serviced 2-3 times a week, as needed. c. The mobile modular restrooms are self-contained. 3. Mobile Modular Life Jacket Distribution Center- See attached exhibit on page 20. Modular Pro Shop Using an 8x40 modular structure, The Pro Shop will be used for sales of aqua park passes, rental equipment such as paddle boards, kayaks, and peddle boats. Life-Jacket Distribution Using a 8x30 modular structure, once the guest has paid for their ticket, they will pick up their life jacket storage area. The attendant will distribute life jackets to each guest and ensure proper fit. Mobile Modular Restrooms Using a state of the art portable trailer structure, the restrooms will double as a changing facility and will be compatible to all genders and handicap accessible. The restrooms will be professionally serviced 2-3 times a week as needed and cleaned daily by staff. See attached exhibit on page 19. Shaded Outdoor Seating There will be approximately 3 to 4 for rent Cabanas where the guest can relax in the shade or while waiting for their next water experience. 6 Applicant’s Statement of Justification for CUP May 13, 2019 1. Indicate how the proposed use will not adversely affect the adjoining land uses or the growth and development of the area? The Zoning Code requires approval of a minor or major conditional use permit for specific uses within Anaheim Canyon Specific Plan zone to ensure that the uses are appropriate for the site, compatible with surrounding land uses, and in compliance with Zoning Code requirements. The property is known as DA-6 Open Space / Water Area. The Anaheim Canyon Specific Plan allows for certain water uses allowed in this development area with a Conditional Use Permit The use of an Aqua Park does not adversely affect adjoining land uses as it complies with the intent of the Anaheim Canyon Specific Plan. Since the Aqua Park is utilizing an existing use in an industrial area there is not adverse effect on the adjoining land uses as they remain compatible. 2. Explain how the site proposed for the use is large enough to accommodate anticipated growth of the development and allow the continue operation without causing a detriment to the particular area or to health or safety. The project is not building any additional new structures. 3. Indicate how the traffic generated by the proposed use will not impose an undue burden upon the roads designed and constructed to handle the traffic in the area. Due to the site location in an industrial zone and not located on a major street, traffic does not present an undue burden on the roads. The traffic generated by this use will not exceed the anticipated volumes of traffic on 7 the surrounding streets and adequate parking and circulation will be provided to accommodate the use. 4. Indicate how approval of this Conditional Use Permit or Minor Conditional Use Permit with any conditions of approval will not harm the health and safety of the citizens of the City of Anaheim. The Aqua Park lifeguards will be required to be state certified lifeguards, and training for employees. All water support staff will be CPR trained and certified. All participants will be required to wear lifejackets and any other legally required safety gear. The project will be regulated by the Orange County Health Care Agency. 8 9 10 Street View - Southeast Entrance 11 Street View – Southwest Exit 12 Sample of Aqua Park Inflatables Ring Monsoon XXL 225 13 14 15 DG Parking Lot Example 16 DG Parking Lot Example 17 18 19 20 V C V C V C V C V C V C V C M I R A L O M A A V E N U E V C M T R S P S P V C T R E E S T R E E S G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E S S V C M T R V C V C V C G R O U N D N O T V I S I B L E T R E E S G R O U N D N O T V I S I B L E T R E E S M T R S I G N S I G N M T R M T R M T R G R O U N D N O T V I S I B L E T R E E S G R O U N D N O T V I S I B L E T R E E S U B S P G R O U N D N O T V I S I B L E T R E E S M T R M H G R O U N D N O T V I S I B L E T R E E S V C ' s M T R U / O G R O U N D N O T V I S I B L E T R E E S V C M T R ' s M T R ' s M H M H S P ' s M T R V C S P M T R M T R S S P R O C K S M H 2 2 5 2 2 5 220 215 2 2 5 2 1 5 225 2 2 5 2 1 5 2 2 0 2 1 5 220 2 1 5 2 1 5 2 1 5 2 1 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. 6 2 1 4 . 2 2 1 4 . 0 2 1 4 . 5 2 1 4 . 7 2 1 5 . 0 2 1 5 . 1 2 1 5 . 4 2 2 4 . 2 2 2 3 . 1 2 2 2 . 1 2 2 3 . 2 2 2 2 . 3 2 2 3 . 3 2 2 4 . 5 2 2 4 . 2 2 1 5 . 2 2 1 5 . 1 2 1 4 . 9 2 1 4 . 7 2 1 4 . 4 2 1 4 . 4 2 1 3 . 9 2 1 4 . 3 2 1 4 . 9 2 1 5 . 3 2 1 5 . 2 2 1 5 . 2 2 2 3 . 5 2 2 4 . 1 2 2 3 . 4 2 2 2 . 8 2 2 3 . 8 2 2 3 . 4 2 2 2 . 7 2 2 4 . 4 2 2 3 . 9 2 2 4 . 6 2 2 3 . 7 2 2 4 . 7 2 2 4 . 7 2 2 2 . 8 2 2 0 . 3 2 2 2 . 1 2 1 6 . 9 2 2 2 . 3 2 2 2 . 1 2 2 2 . 7 2 2 2 . 8 2 2 3 . 8 2 1 6 . 3 2 1 5 . 5 2 1 5 . 5 2 2 4 . 0 2 2 4 . 0 2 2 4 . 1 2 2 2 . 4 2 2 2 . 1 2 2 1 . 4 2 2 6 . 7 2 2 5 . 8 2 2 5 . 4 2 2 5 . 1 2 2 5 . 9 2 2 4 . 3 2 2 4 . 3 2 1 4 . 2 2 2 5 . 3 2 2 4 . 4 2 2 3 . 3 2 2 2 . 9 2 2 3 . 9 2 2 3 . 4 2 2 4 . 5 2 2 2 . 8 2 2 4 . 1 2 2 3 . 8 2 2 2 . 1 2 2 2 . 5 2 2 3 . 6 2 2 6 . 1 2 2 4 . 6 2 2 3 . 3 2 2 3 . 2 2 2 3 . 3 2 2 3 . 5 2 2 3 . 0 2 2 2 . 8 2 2 2 . 3 2 2 6 . 6 2 2 2 . 0 2 2 3 . 1 2 2 3 . 2 2 2 3 . 9 2 2 4 . 0 2 2 6 . 0 2 2 5 . 9 2 2 2 . 9 2 2 3 . 1 2 2 3 . 1 2 2 3 . 1 2 2 3 . 9 2 1 4 . 9 2 1 4 . 9 2 1 5 . 1 2 1 5 . 1 2 1 4 . 7 2 1 4 . 9 2 1 4 . 8 2 1 4 . 9 2 1 5 . 3 2 1 4 . 9 2 1 4 . 8 2 1 4 . 8 2 1 4 . 8 2 1 4 . 9 2 1 4 . 9 2 1 5 . 0 2 1 4 . 9 2 1 5 . 4 2 1 5 . 1 2 2 5 . 3 2 2 1 . 9 2 2 5 . 2 2 1 3 . 8 2 1 3 . 9 2 1 5 . 2 2 1 3 . 6 2 1 3 . 8 2 1 3 . 8 2 1 3 . 8 217 2 1 7 150' 15 0 ' 60° 8.5' 1 8 ' 19 . 6 5 ' 18 ' 19 . 6 5 ' 8.5' 18' 6 0 ° R 3 7 ' R3 7 ' 3 4 TYP 12 12TYP TYP TRASH TRUCK PATH SITE ENTRANCE TRASH TRUCK PATH THRU SITE TRASH TRUCK PATH SITE EXIT (E) 8' HIGH CMU PERIMETER FENCE WALL (E) 8' HIGH CMU PERIMETER FENCE WALL 12 R37' 1 (E) 8' HIGH CMU PERIMETER FENCE WALL 13 14 15 13 14 C 45 ' 32 ' 13 ' 24 ' FAMILY SHADE, REST, & VIEWING AREA (TYP) BEACH (E) CURB FACE 5' S I D E W A L K TYP 12 RESTROOMS PR O S H O P LIF E J A C K E T FO O D 2 (E) WATER METER 7 6 8 11 9 10 9 3.5 : 1 3.5:1 3.5 : 1 3.5:1 3.5:1 3.5 : 1 3.5:1 20 7 21 0 21 5 21 5 21 0 20 7 210 215 207 215 210 210 207 2 1 5 16 16 AB C 2 B 2 B 2 A 2 A 14 14 14 6 6 15 F 6 6 J G H J K 17 PA R K U S E OR I E N T A T I O N ZO N E M 12 ' 5 D 20' E D D D 18 18 2 . 0 % 2.0% 2. 0 % 2. 0 % Q 18 18 1 0 % P P (E ) 6 ' H I G H C M U PE R I M E T E R FE N C E W A L L P N R R R 22 (E) 6' HIGH CMU PERIMETER FENCE WALL TRAVEL PATH FROM WATER'S EDGE TO RESTROOMS = 285' R RR R R O MK P O O M P P P O K 20 ' M I N TO W A L L G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E M H G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E M H M H G R O U N D N O T V I S I B L E M H M H G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E W A T E R L E V E L 2 1 7 . 7 2 2 5 2 2 5 2 1 5 2 2 0 2 1 5 2 2 0 2 2 5 220 215 22 5 2 1 5 2 1 5 225 2 2 5 2 2 5 2 2 5 2 2 5 2 1 5 2 2 0 2 1 5 220 2 1 5 2 1 5 2 1 5 2 1 5 2 2 0 2 1 5 2 1 5 2 2 0 2 2 0 2 2 0 2 1 5 2 2 5 2 2 0 2 2 5 21 5 22 0 22 0 2 2 0 2 1 5 2 1 5 2 1 5 2 2 0 22 5 2 1 5 2 2 0 2 2 5 21 5 22 0 22 0 21 5 225 2 3 0 22 0 2 2 5 2 2 5 235 230 2 2 5 2 3 0 225 23 0 215 22 0 21 5 215 22 0 21 5 22 0 2 2 5 2 1 5 2 2 0 22 0 2 2 5 225 2 2 5 2 2 5 220 215 210 22 0 2 2 5 22 5 22 0 2 2 5 24 0 23 5 23 0 22 5 2 2 5 21 5 21 5 M H 22 5 220 2 2 5 2 3 0 2 3 5 2 2 5 SCALE: 1" = 120' OVERALL SITE MAP REVISIONS MARK DATE INIT DATE APP'VD PLANS PREPARED BY:DRAWN BY: DESIGN BY: CHECKED BY: RECOMMENDED BY: PREPARED FOR: SHEET FILE NO. DRAWING NO. OF SHEETS R.C.E. NO. 44029 (EXPIRES 06-30-21)DATE C A L L B E F O R E Y O U D I G Call 2 Full Working Days in Advance 19556 Tumbleweed Trail 714.325.6304 mike@mkacivil.com Desert Hot Springs, CA 92241 MKA Consulting Civil EngineersMike Kowalski & Associates F A W A L A C I T F O E I C A L V I RE M ICHGER S T SI ET NO. C044029 T R P D FO A E L I E S S N O . K O NR O E L I A R E S K I N E I G N L M.T.K. M.T.K. M.T.K. M.T.K. Dave Wabiszewski 38430 Corte Portofino Menifee, CA 92584 (714) 747-3459 ANAHEIM'S ADVENTURE AQUA PARK 3255 E. MIRALOMA AVENUE 4/22/20 3 800-227-2600 S I T E P L A N '24.8 9 8=L "1 2 '6 2 °5 3 =Δ '0 5 .2 5 4 1 = 31 3 . 2 1 ' S 73º 05' 46" W 66.47' N 16º 52' 31" W58.06' 11 4 6 . 0 0 ' PROJECT APPLICANT: David Wabiszewski 38430 Corte Portofino Menifee, CA 92584 (714) 747-3459 PROPERTY OWNER:Orange County Water District 18700 Ward Street Fountain Valley, CA 92708 (714) 378-3200 SITE AREA:582,742 sf = 13.378 acres PARKING: standard parking: accessible parking: total parking: 97 spaces 4 spaces 101 spaces PROJECT INFORMATION E Crowther A v e Orangeth o r p e A v e La Jolla Street N R e d G u m S t K r a e m e r Ave E Miralo m a B l v d . N M i l l e r S t St S M e l r o s e 57 PROJECT SITE NO SCALE PROJECT LOCATION MAP LIMIT OF 30-SCALE SITE PLAN THIS SHEET INSTALL R100B(CA) ACCESSIBLE PARKING ADVISORY SIGN ON PERIMETER FENCE WALL PER DETAIL A ON SHEET 3. A INSTALL TOW-AWAY PARKING ADVISORY SIGN ON PERIMETER FENCE WALL PER DETAIL B ON SHEET 3. B INSTALL "EXIT ONLY/DO NOT ENTER" SIGN ON PERIMETER FENCE WALL PER DETAIL C ON SHEET 3. C INSTALL R99C(CA) ACCESSIBLE PARKING ADVISORY SIGN ON POST PER DETAIL D ON SHEET 3. D INSTALL R7-8b ACCESSIBLE PARKING ADVISORY SIGN ON POST PER DETAIL E ON SHEET 3. E INSTALL HEALTH ADVISORY SIGN ON PERIMTER WALL (PER DETAIL F ON SHEET 3) BARRING WATER ENTRY IF GUEST HAS DIARRHEA. F N 0 6 º 3 0 ' 4 7 " W S 1 6 ° 5 2 ' 5 3 " E R INSTALL CPR INSTRUCTION SIGN (#5330WA2430E FROM POOLWEB.COM) ON FENCE WALL. SIGN SHALL HAVE MINIMUM 1/4" HIGH LETTERING. (https://www.poolweb.com/pool-sign-cpr-instruction-sign-with- 1-4-inch-lettering-5330wa2430e) EASEMENT NOTES: VESTIGIAL EASEMENT FOR IRRIGATION DITCHES RECORDED FEB 3, 1912 IN BOOK 209, PAGE 198, OF DEEDS. 6 PUBLIC UTILITY EASEMENT IN FAVOR OF THE CITY OF ANAHEIM PER INSTRUMENT No. 2013000194475 RECORDED APRIL 1, 2013. EASEMENT CONTAINS BURIED, CONCRETE ENCASED, 4" CONDUIT FOR POWER SUPPLY TO THE BASIN'S PUMPING STATION. 14 PUBLIC UTILITY EASEMENT IN FAVOR OF THE CITY OF ANAHEIM PER INSTRUMENT No. 2015000284859 RECORDED JUNE 2, 2015. 15 SIGNAGE NOTES: INSTALL ADVISORY SIGN ON PERIMTER WALL (PER DETAIL G ON SHEET 3) BARRING USE OF SOAP, SHAMPOO, AND CONDITIONER WITH SHOWER USE. G INSTALL SIGN ON PERIMETER WALL (PER DETAIL H ON SHEET 3) INSTRUCTING USE OF SHOWERS AND RESTROOMS PRIOR TO WATER ENTRY. H INSTALL HEALTH ADVISORY SIGN ON PERIMETER WALL (PER DETAIL J ON SHEET 3) THAT CAUTIONS AGAINST DRINKING BASIN WATER. J M 1 inch = 30 feetGraphic Scale 15 30300 SC A L E : 1 " = 3 0 ' INSTALL INSTRUCTIONAL SIGNS FROM INFLATABLE EQUIPMENT MANUFACTURER THAT EXPLAIN SAFE AND PROPER USE OF THE EQUIPMENT. N ~ SUBMERGED BEACH ~ DEEPENED BASIN FLOATING OBSTACLE COURSE L L GATE ~ RESTRICTED AREA ~ ~ BEACH ~ ~ B E A C H ~ 6 6 14 6 14 14 MIRALOMA A V E N U E C 14 INSTALL 911 SIGN ON PERIMETER WALL (PER DETAIL K ON SHEET 3).K INSTALL RESTRICTED AREA SIGN ON GATE (PER DETAIL L ON SHEET 3).L GATE SITE PLAN AND OVERALL SITE MAP 1 SECTIONS AND DETAILS2 1 SITE PLAN AND OVERALL SITE MAP SHEET INDEX: 3.5:1 SLOPE DOWN FROM SUBMERGED BEACH TO BASIN INVERT ~ WATER BASIN ~ N 73º 05' 46" E187.81' INSTALL OBSTACLE COURSE WATER DEPTH SIGN (PER DETAIL O ON SHT 3.)O INSTALL SUBMERGED BEACH WATER DEPTH SIGN (PER DETAIL P ON SHT 3.)P INSTALL AQUA PARK SAFETY RULES SIGN (PER DETAIL Q ON SHT 3.)Q SIGN DETAILS3 KEYED NOTES: DESIGNATED PLASTIC TRASH CART AREA W/ PLASTIC CONTAINMENT. 1 2 PRO-SHOP (MOBILE - WHEEL MOUNTED).3 LIFE-JACKET DISBURSEMENT (MOBILE - WHEEL MOUNTED). 4 PRE-CAST WHEEL STOP.12 (E) CONCRETE PAVED DRIVEWAY.13 (E) 8' HIGH SLIDING SECURITY GATE.14 DESIGNATED LOADING AREA AND SANITATION TRUCK HAMMERHEAD TURN AREA PER CITY STANDARD. 15 FOOD TRUCK STAGING AREA.5 EXISTING BACKFLOW PREVENTER.6 EXIST. HOSE BIB BEHIND PERIMETER WALL.7 WATER SUPPLY LINE FOR DRINKING FOUNTAINS AND SHOWER/RINSE STATION. 9 WALL MOUNTED TANKLESS WATER HEATER.10 SHOWER/RINSE AREA WITH NON-SLIP, HDPE, RIGID, GRATE OVER EXIST. SAND SURFACE. 11 DRINKING FOUNTAIN.8 8.5' X 18' DOUBLE STRIPED PARKING STALL STRIPING PER CITY OF ANAHEIM ENGINEERING STANDARD DETAIL 470. 16 RESTROOMS (MOBILE - WHEEL MOUNTED) CONTAINING 4 STALLS AND 2 SINKS ON THE WOMAN'S SIDE AND 2 URINALS, 2 STALLS, AND 2 SINKS ON THE MEN'S SIDE. BOTH RESTROOMS SHALL PROVIDE 100°F (MIN.) WATER, DIAPER CHANGING STATIONS, SLIP RESISTANT FLOORING, AND WALLS & FLOORS THAT ARE SMOOTH, WASHABLE, DURABLE, AND WATER RESISTANT. 5' WIDE FABRICATED MODULAR ACCESSIBLE RAMP WITH HANDRAILS AT 8% MAX GRADIENT. 17 5' WIDE ACCESSMAT (OR EQUAL) OVER GRADED PARKING LOT FOR ACCESS FROM ADA PARKING TO RAMP AND OVER BEACH SAND FOR ACCESS TO WATER'S EDGE. THE PRODUCT SHALL ALSO BE USED (AND APPROPRIATELY STRIPED) TO PROVIDE ACCESSIBLE SURFACES IN THE LOADING AISLES NEXT TO ADA PARKING SPACES. 18 ® BUOY ROPE LINE WITH "10 ft" SIGNS PER DETAIL ON SHEET 2. 19 BUOY ROPE LINE WITH "4 ft" SIGNS PER DETAIL ON SHEET 2. 20 BUOY ROPE LINE WITH "STOP" SIGNS PER DETAIL ON SHEET 2. 21 21 20 19 ACCESSIBLE PORTABLE RESTROOM.22 23 (E) BASIN RESUPPLY PIPE OUTLET.23 INSTALL "NO DIVING" SIGN (PER DETAIL R ON SHT 3.)R ATTACHMENT NO. 3 P P OPERATING WATER SURFACE ELEV = 216.5 2% EXISTING GROUND 3.5 1 FG BASIN SIDES (TYP) ~ MAX SLOPE = 3.5:1 AQUAPARK BASIN INVERT ELEV = 206.5 3.5 1 FG BEACH SUBMERGED BEACH FG = 215.5 (E) 6' HIGH PERIMETER FENCE WALL EXISTING GROUND FS EXIST AC PVMT PARKING (E) 6' HIGH PERIMETER FENCE WALL FG BASIN SIDES (TYP) ~ MAX SLOPE = 3.5:1 EXISTING GROUND SECTION A-A SCALE: H :1" = 20', V: 1"=10'*Vertical scale has been distorted by a factor of 2 to better display subtle elevation differences. OPERATING WATER SURFACE ELEV = 216.5 EXISTING GROUND 3.5 1 FG BASIN SIDES (TYP) ~ MAX SLOPE = 3.5:1 AQUAPARK BASIN INVERT ELEV = 206.5 3.5 1 FG BASIN SIDES (TYP) ~ MAX SLOPE = 3.5:1 3.5 1 2% FG BEACH SUBMERGED BEACH FG = 215.5 (E) 8' HIGH PERIMETER FENCE WALL 45' 13'32' P C 24' EXISTING GROUND SECTION B-B SCALE: H :1" = 20', V: 1"=10'*Vertical scale has been distorted by a factor of 2 to better display subtle elevation differences. MI R A L O M A A V E . BASIN MAINTENANCE ACCESS ROAD 4 ft STOP 5' (TYP)5' (TYP) 25' (TYP) 5' (TYP)5' (TYP) ORANGE & WHITE (OR RED & WHIITE) ROPE FLOAT/BUOY (TYP) 4" HIGH RED LETTERS ADVISING WATER DEPTH OR "STOP" PER PLAN (TYP) 1/2" ORANGE & WHITE TWISTED POLYPROPELENE ROPE NO SCALE BUOY ROPE LINE DETAIL NO DIVING SIGN ROPE FLOAT (TYP) PROVIDE ONE SIGN ROPE FLOAT WITH "NO DIVING" GRAPHIC SYMBOL (PER DETAIL R ON SHT. 3) FOR EVERY "4 FT" SIGN. REVISIONS MARK DATE INIT DATE APP'VD PLANS PREPARED BY:DRAWN BY: DESIGN BY: CHECKED BY: RECOMMENDED BY: PREPARED FOR: SHEET FILE NO. DRAWING NO. OF SHEETS R.C.E. NO. 44029 (EXPIRES 06-30-21)DATE C A L L B E F O R E Y O U D I G Call 2 Full Working Days in Advance 19556 Tumbleweed Trail 714.325.6304 mike@mkacivil.com Desert Hot Springs, CA 92241 MKA Consulting Civil EngineersMike Kowalski & Associates F A W A L A C I T F O E I C A L V I RE M ICHGER S T SI ET NO. C044029 T R P D FO A E L I E S S N O . K O NR O E L I A R E S K I N E I G N L M.T.K. M.T.K. M.T.K. M.T.K. Dave Wabiszewski 38430 Corte Portofino Menifee, CA 92584 (714) 747-3459 ANAHEIM'S ADVENTURE AQUA PARK 3255 E. MIRALOMA AVENUE 4/22/20 3 800-227-2600 S I T E P L A N SECTIONS AND DETAILS 2 SIGN POST 84 " M I N FG BEACH NO SCALE NO DIVING ADVISORY SIGN DETAILR 12" 15 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 1/2" RED BORDER 1.5" HIGH BLACK LETTERING ON WHITE RETROREFLECTIVE BACKGROUND NO DIVING RED UNIVERSAL "NO" (CIRCLE/SLASH) SYMBOL OVER BLACK DIVER GRAPHIC RED GRAPHICS UNAUTHORIZED VEHICLES PARKEDIN DESIGNATED ACCESSIBLESPACES NOT DISPLAYINGDISTINGUISHING PLACARDS ORSPECIAL LICENSE PLATES ISSUEDFOR PERSONS WITH DISABILITIESWILL BE TOWED AWAYAT THE OWNER'S EXPENSE TOWED VEHICLESMAY BE RECLAIMED AT OR BY TELEPHONING 24" 24 " 1. 7 5 " 0. 5 " ( T Y P ) 11 . 5 " 1. 2 5 " 2. 5 " 2. 7 5 " 1" ( T Y P ) 1.5" RADIUS (TYP) 3/8" WHITE BORDER 5/8" BLACK BORDER 1" HIGH BLACK LETTERING (TYP) ON WHITE RETROREFLECTIVE BACKGROUND PROVIDE APPROPRIATE ADDRESS AND TELEPHONE NUMBER IN PERMANENT LETTERING NO SCALE R100B(CA) ACCESSIBILE PARKING ADVISORY SIGN DETAILA 12" 24 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 1. 2 5 " 8" 3" HIGH RETROREFLECTIVE WHITE LETTERING (TYP) ON BLUE RETROREFLECTIVE BACKGROUND 2" HIGH RETROREFLECTIVE WHITE LETTERING (TYP) ON BLUE RETROREFLECTIVE BACKGROUND SIGN POST 84 " M I N FS PARKING STALL NO SCALE R99C(CA) ACCESSIBILE PARKING ADVISORY SIGN DETAILD 12" 6" R99C(CA) SIGN PER DETAIL THIS SHEET SIGN POST 84 " M I N FS PARKING STALL NO SCALE R7-8b ACCESSIBILE PARKING ADVISORY SIGN DETAILE RETROREFLECTIVE WHITE LETTERING ON RETROREFLECTIVE BLUE BACKGROUND 1.5" RADIUS (TYP) ANAHEIM ADVENTURE UNAUTHORIZED VEHICLES AQUAPARKPARKING ONLY SUBJECT TO TOW-AWAY AT OWNER'S EXPENSE CVC 22658 - AMC 14.32.220 ANAHEIM POLICE TELEPHONE (714) 999-1900 18" 24 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 1/2" RED BORDER RED RETROREFLECTIVE LETTERING PER HEIGHTS SHOWN HEREON ~ ON WHITE RETROREFLECTIVE BACKGROUND (TYP) 1. 2 5 " L E T T E R S 2" 2" 1" H I G H L E T T E R S NO SCALE TOW-AWAY PARKING ADVISORY SIGN DETAILB ENTERDO NOT ONLYEXIT 12" 18 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 3" 3" 2" 2" RED RETROREFLECTIVE LETTERING PER HEIGHTS SHOWN HEREON ~ ON WHITE RETROREFLECTIVE BACKGROUND (TYP) 1/2" RED BORDER NO SCALE EXIT ONLY DO NOT ENTER ADVISORY SIGN DETAILC 60 " W A L L MO U N T E D 84 " M I N PO S T MO U N T E D 60 " W A L L MO U N T E D 84 " M I N PO S T MO U N T E D 60 " W A L L MO U N T E D 84 " M I N PO S T MO U N T E D FS OR FG BELOW SIGN FS OR FG BELOW SIGN FS OR FG BELOW SIGN PERSONS HAVING CURRENTLYNOTICE ACTIVE DIARRHEA OR WHOHAVE HAD ACTIVE DIARRHEAWITHIN THE PREVIOUS 14DAYS SHALL NOT BE ALLOWEDTO ENTER THE WATER NO SCALE DIARRHEA HEALTH ADVISORY SIGN DETAILF SIGN POST 14 " 84 " M I N 18" 1.5" RADIUS (TYP) 1/2" WHITE BORDER 2" 1" T Y P BLUE RETROREFLECTIVE LETTERING PER HEIGHTS SHOWN HEREON ~ ON WHITE RETROREFLECTIVE BACKGROUND (TYP) 1/2" BLUE BORDER FS OR FG BELOW SIGN THE USE OF SOAP,SHAMPOO OR CONDITIONERAT THIS SHOWERIS PROHIBITED 12" 1/2" WHITE BORDER 18 " 1.5" RADIUS (TYP) 2" HIGH WHITE RETRO- REFLECTIVE LETTERING ON RED RETRO- REFLECTIVE BACKGROUND RED UNIVERSAL "NO" (CIRCLE/SLASH) SYMBOL OVER BLUE SHOWER WITH SHOWERING PERSON GRAPHIC 1" HIGH BLUE RETRO- REFLECTIVE LETTERING ON WHITE RETRO- REFLECTIVE BACKGROUND (TYP) 1/2" RED BORDER NO SCALE NO SOAP SHOWER ADVISORY SIGN DETAILG PLEASE USE SHOWERS AND RESTROOMS BEFORE ENTERING THE WATER THIS BASIN IS FILLED WITH PURIFIED RECYCLED WATERDO NOTDRINK 12" 1/2" WHITE BORDER 18 " 1.5" RADIUS (TYP) 2" HIGH RED RETROREFLECTIVE LETTERING ON WHITE RETRO- REFLECTIVE BACKGROUND 1" HIGH BLUE RETROREFLECTIVE LETTERING ON WHITE RETRO- REFLECTIVE BACKGROUND (TYP) 1/2" RED BORDER 48 " W A L L MO U N T E D NO SCALE USE SHOWER AND RESTROOMS ADVISORY SIGN DETAILH 48 " W A L L MO U N T E D 12" 1/2" WHITE BORDER 18 " 1.5" RADIUS (TYP) 60 " W A L L MO U N T E D 1" HIGH BLUE RETROREFLECTIVE LETTERING ON WHITE RETRO- REFLECTIVE BACKGROUND (TYP) 2" HIGH RED RETROREFLECTIVE LETTERING ON WHITE RETRO- REFLECTIVE BACKGROUND (TYP) 1/2" RED BORDER NO SCALE RECYCLED WATER HEALTH ADVISORY SIGN DETAILJ IN CASE OFEMERGENCY911DIAL YOUR LOCATION IS:ANAHEIM ADVENTURE ANAHEIM POLICE:(714) 765-1900 12" 3/8" WHITE BORDER 18 " 1.5" RADIUS (TYP) 48 " W A L L MO U N T E D 1/2" RED BORDER AQUAPARK3255 E. MIRALOMA RE D R E T R O R E F L E C T I V E LE T T E R I N G P E R H E I G H T S SH O W N H E R E O N 1" HIGH 4" HIGH 3/4" HIGH 1" HIGH BL U E R E T R O R E F L E C T I V E LE T T E R I N G P E R H E I G H T S SH O W N H E R E O N 3/4" HIGH 1" HIGH RETROREFLECTIVE WHITE BACKGROUND RE D R E T R O R E F L E C T I V E LE T T E R I N G P E R H E I G H T S SH O W N H E R E O N NO SCALE 911 EMERGENCY ADVISORY SIGN DETAILK RESTRICTED AREA OCWD STAFF ONLY 12" 18 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 1.5" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND (TYP) 1/2" RED BORDER NO SCALE RESTRICTED AREA ADVISORY SIGN DETAILL 48 " G A T E MO U N T E D FS OR FG BELOW SIGN ANAHEIM ADVENTURE AQUA PARKSAFETY RULES 1. DO NOT swim UNDER features 2. FEET FIRST on all slides 3. NO DIVING / NO FLIPS 4. NO rough play 5. Must be at least 48" tall 6. Only swim apparel - no sharp objects 7. Must wear USCG approved personal flotation vest (TYPE II PFD) 8. Be respectful of all users and give priority to younger & smaller children - LEND A HELPING HAND Failure to follow these rules may result in your removal from Anaheim Adventure Aqua Park 48"48" Top of head must reach this LINE NO SCALE AQUA PARK SAFETY RULES ADVISORY SIGN DETAILQ 30 " W A L L MO U N T E D FG BELOW SIGN 24" 36 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 1/2" RED BORDER 1.25" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND 1" HIGH RED RETRO- REFLECTIVE LETTERING AND GRAPHICS ON WHITE RETROREFLECTIVE BACKGROUND 3" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND 1" HIGH BLACK LETTERING 1.25" HIGH BLACK LETTERING ON WHITE RETROREFLECTIVE BACKGROUND (TYP)* NOTE: ALL LETTERING IS BLACK, 1.25" HIGH, ON A WHITE RETROREFLECTIVE BACKGROUND U.N.O. * 18 " 3/4" HIGH RED RETROREFLECTIVE LETTERING AND GRAPHICS ON WHITE RETROREFLECTIVE BACKGROUND SIGN POST 84 " M I N FG BEACH NO SCALE WATER DEPTH OBSTACLE COURSE ADVISORY SIGN DETAILO DEPTH=10 ft IN OBSTACLE COURSE ZONE 12" 18 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 4" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND 1/2" RED BORDER 1.5" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND DEPTH=1 ft SUBMERGED BEACH ZONE SIGN POST 84 " M I N FG BEACH NO SCALE WATER DEPTH SUBMERGED BEACH ADVISORY SIGN DETAILP 12" 18 " 1.5" RADIUS (TYP) 1/2" WHITE BORDER 4" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND 1/2" RED BORDER 1.5" HIGH RED RETRO- REFLECTIVE LETTERING ON WHITE RETROREFLECTIVE BACKGROUND REVISIONS MARK DATE INIT DATE APP'VD PLANS PREPARED BY:DRAWN BY: DESIGN BY: CHECKED BY: RECOMMENDED BY: PREPARED FOR: SHEET FILE NO. DRAWING NO. OF SHEETS R.C.E. NO. 44029 (EXPIRES 06-30-21)DATE C A L L B E F O R E Y O U D I G Call 2 Full Working Days in Advance 19556 Tumbleweed Trail 714.325.6304 mike@mkacivil.com Desert Hot Springs, CA 92241 MKA Consulting Civil EngineersMike Kowalski & Associates F A W A L A C I T F O E I C A L V I RE M ICHGER S T SI ET NO. C044029 T R P D FO A E L I E S S N O . K O NR O E L I A R E S K I N E I G N L M.T.K. M.T.K. M.T.K. M.T.K. Dave Wabiszewski 38430 Corte Portofino Menifee, CA 92584 (714) 747-3459 ANAHEIM'S ADVENTURE AQUA PARK 3255 E. MIRALOMA AVENUE 4/22/20 3 800-227-2600 S I T E P L A N SIGN DETAILS 3 Michael T. Kowalski P.E. Consulting Civil Engineer 19556 Tumbleweed Trail, Desert Hot Springs, CA 92241 • 714.325.6304 email: mike@mkacivil.com Anaheim Adventure Aqua Park – Variance Justification Letter Page 1 of 2 5 May, 2020 City of Anaheim Planning & Building Department 200 South Anaheim Boulevard, Suite 162 Anaheim, CA 92805 Subject: Variance Justification Letter to Waive Parking Lot Pavement Requirements Anaheim Adventure Aqua Park (AAAP) 3255 E. Miraloma Avenue (CUP2019-06022, DEV2019-00040) To Whom it May Concern, Anaheim Adventure Aqua Park seeks a Conditional Use Permit to make seasonal, recreational, use of Orange County Water District’s (OCWD’s) groundwater replenishment basin at 3255 E. Miraloma Avenue, in the City of Anaheim. AAAP proposes use of the basin to operate an inflatable obstacle course attraction and rent paddleboards to guests in search of water-fun and a respite from summer heat. AAAP proposes use of the only suitably large portion of the site that is above the basin floor for guest and lifeguard parking. Anaheim Municipal Code Section 18.116.140.050 Paving requires; “All permanent off-street parking facilities, including access aisles and driveways, shall be permanently paved.” AAAP proposes parking on the existing DG (decomposed granite) surface and seeks a variance from the City’s pavement requirement because pavement in this area would compromise operation of the basin’s primary use: ground water replenishment. (See attached Exhibit A.) OCWD’s Ground Water Replenishment System (GWRS) is the largest water purification system in the world for indirect potable reuse. OCWD pumps purified reclaimed water (which meets or exceeds State and Federal drinking water standards) 13 miles from its plant in Fountain Valley to Miraloma Basin in Anaheim. The purified water infiltrates the sandy soils of the basin floor and recharges the aquifer below at the rate of 10 billion gallons per year. In order to maintain Miraloma Basin’s phenomenal infiltration rate, OCWD regrades the basin every year (sometimes multiple times per year) with large and heavy earthmoving equipment. The area where parking is proposed for seasonal Aqua Park use is employed during the District’s off-season maintenance grading for staging and stockpiling material excavated from the basin floor. The steel track mounted heavy equipment would pulverize any pavement improvements (thereby requiring construction of new pavement every season) and would create fines (particulate matter from crushed asphalt/cement) that would reduce the basin’s infiltration rate. Please see the attached letter from OCWD (Exhibit B) that disallows any pavement improvements. The City of Anaheim’s variance process requires answers to the following four questions: 1. Identify any special physical characteristics of the property such as shape, topography, location or surroundings that cause the requested development to not meet zoning codes. The Miraloma Basin site was designed and developed in 2012 for the purpose of maximizing replenishment of the aquifer from which Orange County residents get their water. The basin occupies the vast majority of the site (by design – the bigger the basin the more replenishment). However, some of the site is needed for maintenance operations and access. The southern portion of the site between the basin and the 8’ high perimeter wall that fronts Miraloma Avenue was selected and sized by OCWD engineers for temporary material stockpiling, drying, and processing. Paving this area would interfere with the District’s maintenance operations and jeopardize the basin’s very purpose. ATTACHMENT NO. 4 Anaheim Adventure Aqua Park – Variance Justification Letter Page 2 of 2 2. Do other properties in the vicinity have the same type of physical characteristics as this property? If so, please identify a few of them. OCWD operates other groundwater recharging basins in the area (Kraemer Basin, Miller Basin, Anaheim Lake). Anaheim Lake has a small paved parking lot, but its overall site is many times larger than the Miraloma Basin site and the maintenance operations are distantly removed from the parking lot. 3. Identify any other neighboring properties that have the same type of improvement that you are requesting. Some Orange County Park facilities (admittedly not in the City of Anaheim) have DG parking lots (see attached Exhibits C and D). There is precedence for unpaved parking lots associated with recreational use. There is also precedence for unpaved parking lots associated with seasonal use. Customers often park on unpaved surfaces in Orange County to purchase strawberries during the spring. Vacant lots are often used at harvest time (replete with inflatable “bounce house” attractions shaped like huge pumpkins) and pumpkin shoppers often park on unpaved surfaces at these venues. 4. Identify the cause of the special characteristics of the site that limits the ability to comply with code requirements (e.g. natural slope of the land, placement of other structures). The fundamental cause that limits the ability to comply with parking lot pavement requirements is continued operation of the site for its primary purpose: groundwater replenishment. AAAP is proposing seasonal, secondary, use of the site and AAAP operations cannot interfere with the site’s primary use. From a groundwater replenishment perspective, AAAP’s use of the site is “temporary”. When OCWD maintenance activities occur, AAAP’s temporary attractions must be removed from the site. A paved parking lot is not “temporary”, cannot be readily removed, and interferes with the main operation of the site. Sincerely, Michael T. Kowalski, R.C.E. 44029 G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E M H G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E M H M H G R O U N D N O T V I S I B L E M H M H G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E G R O U N D N O T V I S I B L E W A T E R L E V E L 2 1 7 . 7 2 2 5 2 2 5 2 1 5 2 2 0 2 1 5 2 2 0 2 2 5 220 215 22 5 2 1 5 2 1 5 225 2 2 5 2 2 5 2 2 5 2 2 5 2 1 5 2 2 0 2 1 5 220 2 1 5 2 1 5 2 1 5 2 1 5 2 2 0 2 1 5 2 1 5 2 2 0 2 2 0 2 2 0 2 1 5 2 2 5 2 2 0 2 2 5 21 5 22 0 22 0 2 2 0 2 1 5 2 1 5 2 1 5 2 2 0 22 5 2 1 5 2 2 0 2 2 5 21 5 22 0 22 0 21 5 225 2 3 0 22 0 2 2 5 2 2 5 235 230 2 2 5 2 3 0 225 23 0 215 22 0 21 5 215 22 0 21 5 22 0 2 2 5 2 1 5 2 2 0 220 2 2 5 225 2 2 5 22 5 220 215 210 22 0 2 2 5 225 22 0 2 2 5 24 0 23 5 23 0 22 5 2 2 5 21 5 21 5 22 5 2 2 5 2 2 5 OVERALL SITE MAP '24.898=L "1 2 '6 2 °5 3 =Δ '0 5 .2 5 4 1 = 31 3 . 2 1 ' S 73º 05' 46" W 66.47' N 16º 52' 31" W 58.06' 11 4 6 . 0 0 ' N 0 6 º 3 0 ' 4 7 " W S 1 6 ° 5 2 ' 5 3 " E R ~ SUBMERGED BEACH ~ DEEPENED BASIN FLOATING OBSTACLE COURSE GATE ~ RESTRICTED AREA ~ ~ BEACH ~ ~ B E A C H ~ MIRALOMA AVENUE C GATE 3.5:1 SLOPE DOWN FROM SUBMERGED BEACH TO BASIN INVERT N 73º 05' 46" E187.81' Exhibit A Proposed DG parking area is used by OCWD for material stockpiling, drying, and processing P.O. Box 8300 Fountain Valley, CA 92728-8300 18700 Ward Street Fountain Valley, CA 92708 (714) 378-3200 (714) 378-3373 fax www.ocwd.com DIRECTORS DENIS R. BILODEAU, P.E. JORDAN BRANDMAN CATHY GREEN DINA NGUYEN KELLY ROWE VICENTE SARMIENTO STEPHEN R. SHELDON TRI TA ROGER C. YOH, P.E. AHMAD ZAHARA OFFICERS President VICENTE SARMIENTO. First Vice President CATHY GREEN Second Vice President STEPHEN R. SHELDON General Manager MICHAEL R. MARKUS, P.E., D.WRE ORANGE COUNTY WATER DISTRICT ORANGE COUNTY’S GROUNDWATER AUTHORITY January 20, 2020 Dave Wabiszewski 28430 Corte Portofino Menifee, CA 92584 SUBJECT: Anaheim Adventure Park – Parking Lot Pavement Mr. Wabiszewski, In recent discussions with you regarding the status of the Conditional Use Permit Application with the City of Anaheim for the Anaheim Adventure Aquapark (CUP application 2019-06022, Master # DEV2019-00040), you advised that the City of Anaheim, as a condition of your CUP, may require that the proposed parking area at the Aquapark be paved. The purpose of this letter is to advise that the District is not supportive of paving the proposed parking area for the following reasons: 1) The Miraloma basin, located at 3255 E. Miraloma Avenue, Anaheim California (APN # 345-061-06) requires annual or more frequent maintenance to optimize water percolation in the basin. Typically, District maintenance equipment used for this operation weighs in excess of 50,000 pounds and would severely damage the pavement with their metal tracks which they articulate on; moreover, cause undue safety concerns (stability) of transitioning from sand to pavement as the equipment moves around the site. The District would need to repair or replace the pavement annually, causing unnecessary cost and disposal. In addition, particulate matter (dust) from such demolition activity could leave cement particulate or asphalt particulate which would reduce percolation. 2) Paving the area would partially defeat the purpose of the percolation basin by blocking approximately one acre of permeable soil for rain events. Should you have any questions, please feel free to contact me via email at bdosier@ocwd.com or by telephone at (714) 378-3298 or our Property Manager, Daniel Park at dpark@ocwd.com or by telephone at (714) 378-3265. Sincerely, Bruce C. Dosier Director of Information Services / Property Management Exhibit B DG Parking Lot Example Exhibit C DG Parking Lot Example Exhibit D Mizuta Traffic Consulting 5694 Mission Center Road #602-121, San Diego, CA 92108 | 858.752.8212 | mizutatrafficconsulting@gmail.com Technical Memorandum To: Peter Lange, City of Anaheim From: Marc Mizuta, Mizuta Traffic Consulting Date: February 16, 2021 Re: Parking Justification for the Anaheim Adventure Aqua Park Project This memo summarizes the on-site parking proposed for the Adventure Aqua Park project (herein referred to as “the Project”) located at 3255 E. Miraloma Avenue in the City of Anaheim. The purpose of this memo is to justify that the proposed parking will satisfy the requirements outlined in Chapter 18.42.110 of the Anaheim Municipal Code (AMC). PROJECT DESCRIPTION The proposed Project consists of constructing a recreational water park with inflatable, floating, obstacle courses and jungle gyms in the existing Miraloma Basin. The entire water basin is 13.378 acres, but the effective water basin size for the Project is reduced to 12.109 acres since approximately 1 acre will be restricted and the general public will not have access to this area. The Project is providing 101 parking spaces, which includes four accessible parking spaces. PARKING REQUIREMENT According to Chapter 18.42.040 of the AMC, there are no published parking requirements for the proposed Project. As such, the sufficient number of parking spaces were determined from conducting research at two comparable sites in California. It should be noted that due to the COVID-19 pandemic, a parking demand study could not be accomplished since the similar facilities are closed. COMPARABLE SITES Two water park sites have been identified as being comparable to the proposed Project. The following list provides additional details of each water park: 1.Velocity Island Park: This 15 acre water park is located in the City of Woodland at 755 N East Street in the existing Dubach Stormwater Detention Basin. The primary use for this site is a cable wakeboard park. However, later in 2021, a 30,000 sf aqua park is being added to the water park. The site provides 76 parking spaces. The water park has been in operation since 2013. 2.Wake Island (formerly called Stillwater Ranch): This 80 acre water park is located in the County of Placer at 7633 Locust Road. Activities included at the water park include wakeboarding, paddleboarding, zip line, aqua park, and swimming. The site provides 66 parking spaces. The water park has been in operation since 2013. ATTACHMENT NO. 5 Anaheim Adventure Aqua Park Parking Justification Memo 02-16-21 2 Table 1 summarizes the number of parking spaces and parking rate provided at each water park facility. Table 1: Trip Generation Summary Water Park Location Parking Spaces Acreage Parking spaces/acre Velocity Island Woodland, CA 76 15 5.1 Wake Island Placer County, CA 66 80 0.8 Anaheim Adventure Anaheim, CA 101 13.378 7.5 As shown in the table, the Project provides the most parking spaces when compared to the two other water parks. Additionally, the Project is providing parking spaces at a rate of 7.5 spaces per acre, which is higher than the other two water parks. CONCLUSION The Project is providing 101 parking spaces on-site. When compared to two other water park sites that have been in operation since 2013 and have more uses on site than the Project, it is concluded that the 101 parking spaces would adequately satisfy the parking demands of the Project. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 DEV2019-00040 Prepared for: The City of Anaheim 200 S Anaheim Boulevard Anaheim, CA 92805 Contact: Andy Uk, Associate Planner Applicant: Anaheim Adventure Park, LLC David Wabiszewski 38430 Corte Portofino Menifee, CA 92584 Prepared By: 2400 East Katella Avenue, Suite 800 Anaheim, CA 92806 (714) 783-1863 ext. 706 Contact: Christine Saunders Director, Environmental Services January 2021 ATTACHMENT NO. 6 This page is intentionally left blank. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 i TABLE OF CONTENTS 1. INTRODUCTION .......................................................................................................... 1 1.1. California Environmental Quality Act Compliance ........................................................... 2 1.2. Prior Environmental Document(s) Analyzed .................................................................... 3 1.3. Content and Format ......................................................................................................... 4 2. PROJECT DESCRIPTION ............................................................................................... 5 2.1. Project Location................................................................................................................ 5 2.2. Environmental Setting and Surrounding Land Uses ........................................................ 5 2.3. Project Description ......................................................................................................... 10 2.4. Construction Schedule ................................................................................................... 13 2.5. Discretionary Actions ..................................................................................................... 14 3. INITIAL STUDY CHECKLIST ......................................................................................... 21 3.1. Environmental Factors Potentially Affected: ................................................................. 25 3.2. Determination ................................................................................................................ 25 4. EVALUATION OF ENVIRONMENTAL IMPACTS: ........................................................... 26 4.1. Aesthetics ....................................................................................................................... 27 4.2. Agricultural Resources ................................................................................................... 30 4.3. Air Quality ....................................................................................................................... 32 4.4. Biological Resources ....................................................................................................... 44 4.5. Cultural Resources.......................................................................................................... 49 4.6. Energy ............................................................................................................................. 51 4.7. Geology and Soils ........................................................................................................... 53 4.8. Greenhouse Gas Emissions ............................................................................................ 56 4.9. Hazards and Hazardous Materials.................................................................................. 61 4.10. Hydrology and Water Quality ..................................................................................... 64 4.11. Land Use/Planning ...................................................................................................... 68 4.12. Mineral Resources ...................................................................................................... 70 4.13. Noise ........................................................................................................................... 72 4.14. Population and Housing ............................................................................................. 79 4.15. Public Services ............................................................................................................ 81 Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 ii 4.16. Recreation ................................................................................................................... 84 4.17. Transportation ............................................................................................................ 86 4.18. Tribal Cultural Resources ............................................................................................ 94 4.19. Utilities and Service Systems ...................................................................................... 96 4.20. Wildfire ..................................................................................................................... 101 4.21. Mandatory Findings of Significance ......................................................................... 103 5. LIST OF PREPARERS ................................................................................................ 122 6. REFERENCES ........................................................................................................... 123 LIST OF FIGURES Figure 1 – Regional Vicinity Map .................................................................................................... 6 Figure 2 – Project Vicinity Map ....................................................................................................... 7 Figure 3 – Project Site Aerial Photograph ....................................................................................... 8 Figure 4 - Site Plan ........................................................................................................................ 15 Figure 5 – Approved Water Plans ................................................................................................. 16 Figure 6 – AquaPark Equipment ................................................................................................... 17 Figure 7 - Representative Installation ........................................................................................... 18 Figure 8 – Project Line of Sight Section ........................................................................................ 19 Figure 9 – Sign Details ................................................................................................................... 20 LIST OF TABLES Table 1 – Project Site Information .................................................................................................. 9 Table 2 – Weekend Trip Generation Summary ............................................................................ 92 Table 3 – Weekday Trip Generation Summary ............................................................................. 92 APPENDICES Appendix A – Anaheim Adventure Aqua Park Air Quality Odor Assessment, Sagecrest Planning+Environmental, July 2020 Appendix B - AAAP Lifeguard Safety Plan Appendix C – Trip Generation and Queuing for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, September 2020 Appendix D – VMT Assessment for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, October 2020 Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 iii ACRONYMS & ABBREVIATIONS Acronyms/Abbreviation Definition ADT average daily traffic AF&R Anaheim Fire and Rescue Afy acre feet per year AMC Anaheim Municipal Code APD Anaheim Police Department APN Assessor’s Parcel Number APUD Anaheim Public Utilities Department AQMP Air Quality Management Plan ASTs above ground storage tanks BMPs Best Management Practices CAAQS California Ambient Air Quality Standards Caltrans California Department of Transportation CARB California Air Resources Board CBC California Building Code CCR California Code of Regulations CEQA California Environmental Quality Act Cfs cubic feet per second CGS California Geologic Survey CHSC California Health and Safety Code City City of Anaheim CMP Congestion Management Program CNEL Community Noise Equivalent Value CO carbon monoxide County Orange County CRPR California Rare Plant Rank CWA Clean Water Act dB Decibel dBA A-weighted decibels EDR Environmental Data Resources, Inc. EPA Environmental Protection Agency ESA Environmental Site Assessment FEMA Federal Emergency Management Agency FTIP Federal Transportation Improvement Program GHG greenhouse gas GPA General Plan Amendment Gpd gallons per day HCM Highway Capacity Manual Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 iv Acronyms/Abbreviation Definition ICU Intersection Capacity Utilization IS Initial Study Leq Equivalent sound level LBP lead-based paint LOS level of service LSTs Localized Significant Thresholds MBTA Migratory Bird Treaty Act Mgd million gallons per day MLD most likely descendent MND Mitigated Negative Declaration MS4 Municipal Separate Storm Sewer System MSL mean sea level MTCO2e million metric tons of carbon dioxide equivalent MWD Metropolitan Water District NAAQS National Ambient Air Quality Standards NAHC Native American Heritage Commission NCCP Natural Communities Conservation Plan NO2 nitrogen dioxide NPDES National Pollution Discharge Elimination System OCSD Orange County Sanitation District OCTA Orange County Transportation Authority OCWD Orange County Water District OSHA Occupational Safety and Health Administration OUSD Orange Unified School District PM2.5 fine particulate matter PM10 Respirable particulate matter Ppm parts per million PPV peak particle velocity RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCCIC South Central Coastal Information Center SLF Sacred Lands File SO2 sulfur dioxide SR-55 State Route 55 SR-91 State Route 91 SWCRB State Water Resources Control Board Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 v Acronyms/Abbreviation Definition SWPPP Storm Water Pollution Prevention Plan TAC toxic air contaminant TMDLs total maximum daily loads TWC Time Warner Cable USTs underground storage tanks UWMP Urban Water Management Plan V/C volume-to-capacity VOC volatile organic compound WoUS Waters of the United States Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 1 | Page 1. INTRODUCTION Anaheim Adventure Park, LLC (Applicant) proposes to operate a seasonal outdoor waterpark, Anaheim Adventure Aqua Park (Proposed Project) at the 13.38-acre Miraloma Recharge Basin (Project Site). The Proposed Project would include a floating obstacle course, associated parking area, and temporary structures for a pro-shop, a life jacket distribution unit, and restrooms. The Anaheim Municipal Code (Code) classifies the Proposed Project as “Recreation-Swimming & Tennis” and/or “Recreation- Commercial Outdoor” types of use. The Proposed Project would not include the construction of any permanent buildings or pavement; the Applicant would remove all land and water side improvements from the Project Site during the off-season. The Orange County Water District (OCWD) owns the Project Site; the Applicant would operate the Proposed Project through a long-term lease agreement. The Project Site is located at 3255 E. Miraloma Ave (Assessor’s Parcel Number (APN) 345-061-06). Use of the Project Site is subject to the Code and the Anaheim Canyon Specific Plan (ACSP). The Proposed Project is subject to the approval of the following entitlements: • Conditional Use Permit (CUP2019-06022) to permit an outdoor adventure water park. • Variance (VAR2020-05147) for the existing parking surfaces to remain as decomposed granite. The Proposed Project would feature temporary land and water side improvements. The Proposed Project does not include the construction of any permanent buildings or pavement; however, it would include the installation of three (3) water lines on-site via hand trenching by the Applicant. Land side improvements include a parking area, showers and water fountains, and temporary structures for a pro- shop, restrooms, and life-jacket disbursement. Water side improvements would include the floating obstacle course and buoy lines. Temporary ancillary site improvements proposed include food truck staging area and shade structures. Approximately 101 parking spaces would be available. The Proposed Project would be open for seasonal use, typically April through October. The Proposed Project would provide access to the Project Site from two existing paved driveways on Miraloma Avenue. The Proposed Project is a project under the California Environmental Quality Act (Public Resource Code § 21000 et seq.: “CEQA”). The primary purpose of CEQA is to inform the public and decision makers as to the potential impacts of a project and to allow an opportunity for public input to ensure informed decision-making. CEQA requires all state and local government agencies to consider the environmental effects of projects over which they have discretionary authority. CEQA also requires each public agency to mitigate or avoid any significant environmental impacts resulting from the implementation of projects subject to CEQA. Pursuant to Section 15367 of the CEQA Guidelines, the City of Anaheim (the City) is the Lead Agency for the Proposed Project. The Lead Agency is the public agency that has the principal responsibility for carrying out or approving a project. The City, as the Lead Agency for the Proposed Project, is responsible for preparing environmental documentation in accordance with CEQA to determine if approval of the discretionary actions requested and subsequent development of the Proposed Project would have a significant impact on the environment. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 2 | Page 1.1. CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE This Addendum has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] §§ 21000 et seq.); the CEQA Guidelines (Title 14, California Code of Regulations [CCR] §§ 15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Anaheim. PRC Section 21166 and Section 15164(a) of the CEQA Guidelines states that “the Lead Agency or a Responsible Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” Pursuant to Section 15162(a) of the CEQA Guidelines, a subsequent EIR or Negative Declaration is only required when: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) 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 EIR was certified as complete or the negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (b) Significant effects previously examined would be substantially more severe than shown in the previous EIR; (c) 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 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 EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As Lead Agency under CEQA, the City of Anaheim is required to evaluate the environmental impacts associated with the discretionary action to approve a Conditional Use Permit to implement the Proposed Project. The scope of the review for project-related impacts for this Addendum is limited to changes between the ACSP Project and the Proposed Project. The previously certified 2015 Final EIR (EIR No. 348) and related approved mitigation for impacts associated with the ACSP Project, therefore, effectively serve as the “baseline” for the environmental impact analysis. The baseline mitigation includes all applicable mitigation measures from Mitigation and Monitoring and Reporting Plan (MMRP No. 312) Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 3 | Page approved in conjunction with EIR No. 348. As required by CEQA, this Addendum also addresses changes in circumstances or new information that would potentially involve new environmental impacts. The Proposed Project is consistent with the ACSP and EIR No. 348, certified for the ACSP. The Applicant will be responsible for implementing all feasible mitigation measures identified in EIR No. 348, as further identified, and discussed in the Addendum checklist. These mitigation measures will be conditions of approval for the Proposed Project. 1.2. PRIOR ENVIRONMENTAL DOCUMENT(S) ANALYZED On January 26, 2016, the Anaheim City Council approved the ACSP Final and Draft Environmental Impact Reports, cumulatively identified as EIR No. 348 (EIR No. 348), State Clearinghouse Number 2013101087, and Mitigation Monitoring and Report Program No. 312 (MMRP No. 312), in conjunction with its approval of the ACSP. The ACSP is a long-range planning and regulatory document that establishes a clear vision and a series of transformative strategies that will define the future of public and private investment within the Anaheim Canyon area. It supports the community’s vision for Anaheim Canyon as a vital and viable center for research, industry, and commerce that serves both the greater Southern California region and the nation. The Specific Plan envisions transforming Anaheim Canyon into the leading center of the emerging Innovation Economy in Southern California. This includes supporting existing companies while also promoting new businesses that take full advantage of new technologies and manufacturing techniques. The Plan provides a clear action plan for where the public and private sectors should focus investment, development, and improvements to ensure achievement of the City’s vision for and the long-term economic success of Anaheim Canyon. It also establishes a safe and accessible multimodal transportation network that accommodates vehicles, trucks, transit, pedestrians, and bicyclists to provide greater options and healthier living for area residents and workers. The OCWD, as the property owner and Lead Agency, certified the Miraloma Recharge Basin Final EIR (State Clearinghouse No. 2010101093) (Miraloma Recharge Basin FEIR)1 on September 9, 2011 under Resolution No. 11-9-130 and approved the final design, plans, and specifications for the construction of the Miraloma Recharge Basin. The Miraloma Recharge Basin FEIR analyzed the construction and operation of the Miraloma Recharge Basin and identified mitigation measures the OCWD implemented during the construction of the Miraloma Recharge Basin. The Miraloma Recharge Basin FEIR did not identify any significant impacts related to the operation of the Miraloma Recharge Basin and no mitigation measures were required. 1 Miraloma Recharge Basin Final Environmental Impact Report (State Clearinghouse No. 2010101093) is available at both the City of Anaheim Planning Department and the Orange County Water District. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 4 | Page 1.3. CONTENT AND FORMAT The Addendum is an informational document intended to disclose to agencies and to the public the environmental consequences of approving and implementing the Proposed Project. This Addendum includes the following: Section 1: Introduction: This section introduces the Proposed Project, including general project information and CEQA compliance. Section 2: Project Description: This section provides a detailed description of the Proposed Project, including the Proposed Project location, environmental setting and surrounding land uses, project characteristics, and discretionary actions related to the Proposed Project. Section 3: Initial Study Checklist: This section provides the findings that the Proposed Project would not have a significant effect on the environment and the support for this finding. Section 4: Environmental Impact Analysis: This section provides a summary of the analysis that was included in the EIR No. 348 and compares the impacts of the Proposed Project with those analyzed and anticipated by EIR No. 348. This section addresses the potential impacts of the Proposed Project with the implementation of all applicable mitigation measures set forth in MMRP No. 312. The Addendum analyzes environmental issues and concerns surrounding the Proposed Project, compares the level of significance of the Proposed Project’s environmental effects to the determinations made in EIR No. 348, and identifies corresponding mitigation measures from MMRP No. 312 to lessen potentially significant impacts to a less than significant level. Section 5: List of Preparers: This section provides a list of professionals who contributed to the preparation of the Addendum. Section 6: References: This section provides a list of references used to prepare the Addendum. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 5 | Page 2. PROJECT DESCRIPTION 2.1. PROJECT LOCATION The Proposed Project is located at 3255 E. Miraloma Ave (APN 345-061-06) in the City of Anaheim (City), in the northern portion of Orange County, California (Project Site). The Project Site is within the U.S. Geological Survey (USGS) “Anaheim, California” 7.5-minute quadrangle (2015) and located in the northwestern portion of the City on north Miraloma Avenue, south of Orangethorpe Avenue, east of Kraemer Boulevard, and west of N. Miller Street. State Route (SR) 57 and SR 91 provide freeway access to the Project Site (Figure 1 - Regional Vicinity Map). 2.2. ENVIRONMENTAL SETTING AND SURROUNDING LAND USES The Project Site is 13.38-acres and is one parcel located north of Miraloma Avenue, south of Orangethorpe Avenue, east of Kraemer Boulevard, and west of N. Miller Street in the City of Anaheim (Figure 2 – Project Vicinity Map and Figure 3 – Project Site Aerial Photograph). The Project Site is the existing Miraloma Recharge Basin, owned and operated by OCWD. Topography on the Project Site is generally flat at approximately 129 to 135 feet above mean sea level. The Proposed Project provides vehicular access to the Project Site via two paved driveways on Miraloma Avenue. The eastern driveway is the point of entry to the site and the western driveway is the point of exit. An existing decomposed granite (DG) drive aisle, ranging in widths from approximately 22 feet at the north, east, and west ends, to 58 feet at the southern end, routinely used by OCWD maintenance vehicles, surrounds the entire Miraloma Recharge Basin. The Project Site’s street frontage is on the northern side of Miraloma Avenue, east of North Kramer Boulevard and west of North Miller Street. The Project Site has an existing concrete masonry unit (CMU) wall along the perimeter ranging from 6 feet on the east, west and north, of the Project Site to 8 feet on the south perimeter of the Project Site, along Miraloma Avenue. The existing use on the Project Site is the Miraloma Recharge Basin. The OCWD maintains a pump station, fire-safety improvements such as backflow preventer and hose bib, two 8-foot-high sliding security gates and paved driveways at the entrance and exit to E. Miraloma Avenue, and drought-tolerant landscaping in the front yard setback and parkway. Industrial and open space/water uses, including OCWD Kraemer Basin to the west, OCWD Miller Basin to the north, Zuma Business Park which houses industrial, warehousing and manufacturing uses to the east, and industrial uses and a religious facility to the south, surround the Project Site. Carbon Creek is directly adjacent to west of the Project Site and separates it from the other two OCWD basins. Table 1 - Project Site Information summarizes key information associated with the Project Site. Anaheim Adventure Aqua Park Project Figure 1: Regional Location Map Source: Google Maps Project Site Anaheim Adventure Aqua Park Project Figure 2: Project Vicinity Map Source: Google Maps Project Site Anaheim Adventure Aqua Park Project Figure 3: Project Site Aerial Photograph Source: Google Earth Project Site Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 9 | Page Table 1 – Project Site Information Address 3255 E. Miraloma Ave Assessor’s Parcel Number 345-061-06 Size 13.38-acres Existing General Plan Designation Water Uses Existing Zoning Open Space/ Water (DA-6) of the Anaheim Canyon Specific Plan No. 2015-1 (ACSP) Existing Use Miraloma Recharge Basin Surrounding Uses and Zoning North General Plan Designation: Water Uses Zoning: Open Space/ Water (DA-6) Uses: Miller Basin South: General Plan Designation: Industrial Zoning: Industrial Area (DA-1) Uses: Industrial, Church East General Plan Designation: Industrial Zoning: Industrial Area (DA-1) Uses: Industrial Warehouses and Manufacturing West General Plan Designation: Water Uses Zoning: Open Space/ Water (DA-6) Uses: Kraemer Basin 2.2.1. General Plan The Anaheim General Plan designates the Project Site for Water Uses. The Water Uses designation applies to water bodies, such as the Santa Ana River, lakes, and reservoirs, and other water-related uses such as flood control channels and drainage basins. The Project Site is within the Open Space/Water Area (DA-6) of the ACSP. The Project Site is located within an area predominantly designated Water Uses to the north and to the west and Industrial to the south and to the east. 2.2.2. Zoning The Applicant is requesting a Conditional Use Permit for the operation of a seasonal aqua park at the Miraloma Recharge Basin and a Variance for the parking surfaces requirement as outlined in Chapter 18.42.060 of the AMC. Specifically, the Variance requests that the material of the proposed parking area remain as the existing DG rather than being fully paved with solid materials, such as concrete or asphalt. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 10 | Page The Applicant would establish and maintain the parking lot striping with the application and daily maintenance of gypsum chalk. At the beginning and end of each season of use, the Applicant would install and remove pre-cast concrete wheel stops for each parking space. In accordance with the ACSP, the City of Anaheim Zoning Ordinance--Chapter 18.120 governs the specific plan area with regard to zoning and development standards. The intent of the Open Space/Water Area (DA-6) is to ensure the protection and maintenance of all existing water-related, open space areas from incompatible uses in an orderly manner (Section 18.120.030.060). Anaheim Canyon is located on some of the most permeable soil in Orange County, and groundwater recharge is a critically important activity of regional importance. Protecting these areas is an important focus of the Specific Plan. In addition to groundwater recharge activities, this area also encourages the creation of bicycle and pedestrian trails that link Anaheim Canyon to surrounding neighborhoods and the Santa Ana Trail system. The ACSP also allows certain non- open space or water uses within this development area. The underlying base zone for this area is the “OS” Open Space Zone, and, unless otherwise indicated, the standards of the “OS” Open Space Zone apply to the Project Site. The Project Site is located within an area predominantly designated Open Space/Water (DA-6) to the north and to the west and Industrial Area (DA-1) to the south and to the east 2.3. PROJECT DESCRIPTION 2.3.1. Background The OCWD owns the Project Site and the Applicant would operate the Proposed Project through a long- term lease agreement. The Miraloma Recharge Basin facility is part of OCWD’s Ground Water Replenishment System (GWRS) – the largest water purification system in the world for indirect potable reuse. OCWD pumps purified reclaimed wastewater from its treatment plant in Fountain Valley to the Miraloma Recharge Basin in Anaheim, a distance of thirteen miles. The purified water infiltrates through the floor of the basin to the aquifer below at the rate of almost 10 billion gallons per year (18,000 gallons per minute). Significant grading operations every winter (excavation, stockpiling, removal of fines, etc.) preserve the basin’s ability to infiltrate at this rate. For this reason, all of the Proposed Project’s improvements (except signage and other improvements attached to the perimeter walls) must be temporary. The Miraloma Recharge Basin FEIR, adopted in 2011, analyzed the construction and operation of the Miraloma Recharge Basin. OCWD holds Section 401, Section 1600, and Section 404 permits for all the Miraloma Recharge Basin operational activities, including grading. 2.3.2. Proposed Project The Proposed Project would consist of the operation of a seasonal aqua park that would operate annually from April to October; weather permitting. The Applicant would accept the Miraloma Recharge Basin in the configuration and condition delivered by OCWD at the beginning of every season – after OCWD’s winter grading and infiltration improving operations conclude. The proposed hours are as follows: Summer Hours (months May through September) Monday through Friday 10am to 7pm, Saturday and Sunday 9am to 7pm. Seasonal Hours (months of April and October) Monday through Friday 10am to 4pm and Saturday and Sunday 9am to 4pm. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 11 | Page Temporary and removable improvements include the inflatable AquaPark equipment and buoy lines in the water; and, a pro-shop, a life jacket distribution unit, restrooms, and sunshade structures on land. All of these items would be modular/portable and removed during the off-season. A food truck staging area would be located on the southwestern corner of the Project Site (Figure 4 – Site Plan). The Proposed Project would also include installation of a half-inch water line to be installed on the ground surface inside the perimeter wall, similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control. The Applicant would trench this line by hand, approximately two inches below the western driveway. In addition, the Applicant would hand trench a ¾-inch PVC pipeline from the water source in the south west corner of the Project Site to the water’s edge in order to provide potable water to the spray features on the AquaPark equipment. The offsite improvements are limited to the City Public Utilities Department installation of a secondary water line, separate from the irrigation line, from Miraloma Avenue to the southwest corner of the Project Site. This line would provide water to the drinking fountains, four outdoor showers/rinse stations, and potable water for the spray features on the AquaPark Equipment, as shown in Figure 5 – Approved Water Plans. The Applicant has already paid a fee to the City’s Public Utilities Department for this work to occur. Kayaks and/or paddleboards would be located on the beach and returned to a portable rack in the evenings. ADA accessible pedestrian access would be provided by an Accessmat© or similar pathway to provide access to the water’s edge. The Proposed Project would not involve any demolition, or construction of permanent buildings; however, it would include the installation of three (3) water lines (half-inch, water supply line, and ¾”). The Proposed Project would include seasonal improvements both on-ground and in the Basin that would be removable with a minimum 72-hour advanced notice from the OCWD in the event that operation of the aqua park would be interrupted by operational activities of the groundwater basin. During the off season (month of November through March), the OCWD may drain the Basin and perform routine maintenance activities as needed. These maintenance operations would include maintaining the sandy floor of the Basin and slopes, as part of their ongoing management of the groundwater recharge system, analyzed in the Miraloma Recharge Basin FEIR, and permitted under separate Section 401, Section 1600, and Section 404 permits. Land Side Improvements and Temporary Structures The proposed seasonal aqua park would be comprised of water recreation and ancillary support facilities. The land side improvements would include a 101-space parking lot comprised of the existing decomposed granite (DG) surface area on the southern end of the Project Site. The Proposed Project would include installation of pre-cast concrete wheel stops (Figure 4 – Keynote 12) that would be installed and removed every season and serve as reference points to aid Aqua Park staff in striping the parking lot per the City’s required dimensions (Figure 4 – Keynote 16). The parking stalls would be striped with inert gypsum chalk, commonly used to mark sports fields. Aqua Park staff would routinely inspect and re-chalk as necessary as part of daily scheduled maintenance. The parking lot would also feature straw wattles to contain potential runoff from the parking lot to the basin, one-way entry and exit from Miraloma Avenue, and a hammerhead turnaround within the existing DG area (Figure 4). The Proposed Project would include installation of a half-inch water line to be installed on the ground surface inside the perimeter wall, similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control. The Applicant would trench this line by hand approximately two inches below the western driveway. Land based temporary structures include a pro-shop, a life jacket distribution unit, Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 12 | Page restrooms, and sunshade structures; all of these items would be modular/portable. No additional lighting would be installed on the Project Site as the park would only be operational during daylight hours. A 5-foot-wide ADA access ramp with railing (as needed) would connect the parking lot to the temporary structures. A secondary water line would connect to the two-inch water service installed by the City, in the southwestern corner of the Project Site, where the Applicant would connect a water supply line to provide potable water for drinking fountains, shower/rinse stations, and tankless water heater. A ¾ inch water line to supply the Monsoon attraction water spray feature on the floating recreational equipment would continue from this water supply line (Figure 4). Water Side Temporary Structures The proposed seasonal aqua park would include floating recreational equipment of a series of inflatable slides, runways, jumping pillows, bouncers, swings, ramps, jumps, ladders, slides, bridges (Figure 6 – AquaPark Equipment and Figure 7 – Representative Installation). Non-motorized and human-powered activities such as kayaks and paddle boards would be available for use and stored in portable racks on the beach. The primary attraction, the obstacle course, would be located in the southwestern corner of the Basin and would include the AquaPark equipment anchored to the floor of the Basin. The area of the obstacle course would be approximately 22,500 square feet with varying depths that currently exist within the basin. The height of the tallest feature of the obstacle course would be 26’ 3” above the water surface. The top point of the obstacle course would be approximately nine feet above the top of the 8’ perimeter wall and would be visible from beyond the property line by approximately one foot at the south side of Miraloma Avenue, as shown in Figure 8 – Project Line of Sight Section. A buoy rope line, denoting various depths, would encircle the obstacle course. Further north of the obstacle course, a secondary buoy rope would designate the paddle board and kayak area. A third buoy line located at the northern end of the Miraloma Water Basin would have a sign denoting “restricted area”. The portion of the basin directly north of the third buoy line would be restricted to aqua park patrons. Parking and Circulation The Proposed Project would include 101 parking spaces, located along the interior southern edge of the Project Site. The proposed parking area would be comprised of the existing DG surface with gypsum chalk striping. Four (4) of the 101 spaces would be ADA compliant parking spaces. The Applicant would install signs within the parking area, stating that the on-site speed limit is five miles per hour (Figure 9 – Sign Details). The Proposed Project would also include installation of a half-inch water line to be installed on the ground surface inside the perimeter wall, similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control. The Applicant would hand trench this line, approximately two inches below the western driveway. The Proposed Project would provide vehicular, fire, and sanitation truck access to the Project Site via a one-way drive aisle entering the Project Site at the eastern driveway and exiting from the western driveway (Figure 4). An 18-foot drive aisle would divide two rows of 60-degree parking spaces. A hammerhead turnaround at the western end of the parking area would allow for emergency vehicles and sanitation vehicles to access the Project Site. A secondary turnaround and loading area would be located east of the exit driveway for loading and turnaround of sanitation trucks. A 20-foot by 12-foot loading zone would be at the northwestern edge of the parking area. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 13 | Page Security The Applicant would secure the Project Site using the existing gated access driveways located at the southern property line of the Project Site, which are signed with “No Trespassing” signs 602(k) P.C., and an existing a 6-foot to 8-foot CMU wall located along the perimeter of the Project Site. Installation of security and safety signage would be included for the proposed use (Figure 9). The Applicant would place these signs throughout the Project Site, at vehicular entry and exit access points, water line, and adjacent to the shower and drinking fountain areas (Figure 4). Motion detection lights would be mounted on the Pro Shop, restrooms, life jacket distribution unit, and entry/exit gates. The Applicant would retain a full- time security guard to monitor premises 24-hours per day, seven days per week during the operating season. Closed Circuit Television (CCTV) cameras would be installed at entry/exit gates, parking lot, Pro Shop, information kiosk, lifejacket distribution unit, along the perimeter wall, and facing the water basin activities and recreation areas. Security footage would be monitored by security personnel, who would be equipped with communication devices. Security camera notification would be posted in the Pro Shop, the information kiosk, life jacket distribution unit, and would be included in the participation waiver. The Proposed Project would also include operational safety measures, such as lifeguards on duty and safety vest requirements. The Applicant requires lifeguards to maintain current certification by the American Red Cross and/or the YMCA and would be equipped with rescue buoy, whistle, handheld two-way radio, rescue paddle boards, and a first-aid kit. Staff Occupancy Staffing for the Proposed Project would include up to approximately 20-25 temporary seasonal jobs. The floating recreational equipment has a 225-person maximum capacity with up to an additional 30 users simultaneously accessing the kayaks and paddleboards. The proposed use would operate and maintain lifeguards on duty at a minimum rate of 1 lifeguard per 30 persons, resulting in up to nine (9) lifeguards on duty at maximum capacity. Approximately five to eight administrative and customer service employees would staff the pro-shop and life jacket distribution area. A full-time security guard would be present on the premises 24-hours per day, seven days per week. Off-Site Improvements The Applicant would not be completing any off-site improvements, instead, the Applicant has paid a fee for a secondary waterline installation by the City, per its Public Utilities department. The secondary water line would be separate from the existing irrigation line, from Miraloma Avenue to the southwest corner of the Project Site as shown in Figure 5 – Approved Water Plans. The Applicant would install a new backflow preventer on this secondary water line next to the existing backflow preventer, per City Standard W-104 and shown as Keynote 7 in Figure 4. The Applicant has paid the fee associated with this secondary waterline and the City Public Utilities is currently waiting for project approval prior to installation. 2.4. CONSTRUCTION SCHEDULE Construction activities would be limited to installation of the parking lot gypsum chalk striping and wheel stops, drinking fountains, tankless water heater, shower area, backflow preventer, parking lot water line, secondary potable water line, and a ¾” water line to supply the Monsoon attraction water spray feature on the floating recreational equipment. The City Public Utilities Department would install the secondary water line from Miraloma Avenue to the Project Site which would feed the three on-site water lines; the Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 14 | Page Applicant has paid the costs associated with the installation of the secondary water line. The Applicant would place the temporary and removable land side structures and AquaPark Equipment and buoy lines at the beginning of the 2021 season in March/April 2021. As no mass grading or permanent buildings are proposed, no grading or building permits from the City would be required. The Applicant would be required to obtain a plumbing permit from the City’s Building Department for installation of the backflow preventer and potable water lines. The Applicant anticipates beginning operation in April 2021. 2.5. DISCRETIONARY ACTIONS The Applicant is requesting approval of the following entitlement for the Proposed Project: • Conditional Use Permit (CUP2019-06022) to permit an outdoor adventure water park located at the existing Miraloma Recharge Basin (Development Project Review (DEV2019-00040)). • Variance Permit (VAR2020-05147) to deviate from the surfaces requirement as outlined in Chapter 18.42.060 of the AMC, specifically to allow the proposed parking area to remain as decomposed granite rather than be fully paved with solid materials, such as concrete or asphalt. Anaheim Adventure Aqua Park Project Figure 4: Site Plan Source: MKA Anaheim Adventure Aqua Park Project Figure 5: Approved Water Plans Source: City of Anaheim Water Services Anaheim Adventure Aqua Park Project Figure 6: AquaPark Equipment Source: aquaglide.com – Ring Monsoon XXL 225 Anaheim Adventure Aqua Park Project Figure 7: Representative Installation Source: www.lakelasvegaswatersports.com Anaheim Adventure Aqua Park Project Figure 8: Project Line of Sight Section Source: MKA Anaheim Adventure Aqua Park Project Figure 9: Sign Details Source: MK & Associates (MKA) Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 21 | Page 3. INITIAL STUDY CHECKLIST CASE NOS.: Development Project No. 2019-00040 (DEV2019-00040) Conditional Use Permit No. 2019-06022 (CUP2019-06022) Variance No. 2020-05147 (VAR2020-05147) SITE ADDRESS: 3255 E. Miraloma Ave ACCESSOR PARCEL NUMBERS (APN): 345-061-06 GENERAL PLAN DESIGNATION: Water Uses ZONING: Open Space/Water Area (DA-6) of the Anaheim Canyon Specific Plan No. 2015-1 (ACSP) PROJECT NAME: Anaheim Adventure Aqua Park LEAD AGENCY NAME AND ADDRESS: City of Anaheim 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92805 CONTACT PERSON AND PHONE NUMBER: Andy Uk, Associate Planner, 714-765-5238 APPLICANT: Anaheim Adventure Park, LLC. David Wabiszewski 38430 Corte Portofino Menifee, CA 92584 PROJECT DESCRIPTION: Anaheim Adventure Park, LLC (Applicant) proposes the seasonal recreational use, typically April through October, of Orange County Water District (OCWD) Miraloma Recharge Basin. The Anaheim Adventure Aqua Park (Proposed Project) would include a floating obstacle course, temporary structures for a pro-shop, a life jacket distribution unit, and restrooms, associated parking, and installation of three water lines via hand trenching. The Proposed Project does not include the constructions of any buildings or pavement improvements; the Applicant would remove all land and water side improvements from the Project Site during the off-season. The Code classifies the Proposed Project as a “Recreation-Swimming & Tennis” and/or “Recreation-Commercial Outdoor” types of use. LOCATION: The Proposed Project is located in the Anaheim Canyon, in the northern portion of Anaheim, approximately 25 miles southeast of downtown Los Angeles. The Anaheim Canyon encompasses approximately 2,600 acres. The boundaries for Anaheim Canyon are Orangethorpe Avenue, on the north; the Santa Ana River, on the south; Imperial Highway (State Route 90), on the east; and Orange Freeway (State Route 57) on the west. The Santa Ana River traverses Anaheim Canyon. The Santa Ana River is the major means of drainage for the San Bernardino Mountains and a major water source for four counties. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 22 | Page The boundaries for the Project Site are Miller Basin and E Orangethorpe to the north, Industrial uses and N Miller Street to the east, Kraemer Basin and N Kraemer Boulevard to the west, and Miraloma Avenue and Eastside Church to the south. Figure 1 – Regional Vicinity Map, Figure 2 - Project Vicinity Map, Figure 3 – Project Site Aerial Photograph, and Figure 4 – Site Plan show the Project Site and its boundaries. The Project Site is the OCWD Miraloma Recharge Basin, which is 13.38-acres on Assessor Parcel Number (APN) 345-061-06 (Project Site). The existing Project Site land use designation is Water Uses in the ACSP. PROJECT DESIGN: The proposed temporary pro-shop would utilize a fold-open structure design and include a roof deck area. The temporary structure would be comprised of a variety of high-quality building materials in a contemporary architectural style including a matte white metal finish; faux stone veneer on interior counter facades; and metal flooring. The varying colors and textures, as well as the open, pass through design, add dimension and interest, and all facades are treated to the same standard of quality. The proposed temporary structure is in a modern architectural style, with clean horizontal lines and modern materials consisting of metal and aluminum. ACCESS AND CIRCULATION: The Proposed Project’s parking area would include 101 parking spaces, comprised of the existing DG surface with gypsum chalk striping. Four of the 101 spaces would be ADA compliant parking spaces. Vehicular, fire, and sanitation truck circulation for the Proposed Project would involve entry-only access from the southeastern corner of the Project Site off Miraloma Avenue. A one-way, 18-foot drive aisle would divide the two rows of 60-degree parking spaces, with the exit located at the western end of the parking area. A hammerhead turnaround at the western end of the parking area would allow for emergency vehicles and sanitation vehicles to access the Project Site. A secondary turnaround and loading area would be located east of the exit driveway for loading and turnaround of sanitation trucks. The Proposed Project would include a 20-foot by 12-foot loading zone at the northwestern edge of the parking area. An existing 22- to 58-foot-wide DG drive aisle, routinely used by OCWD maintenance vehicles, surrounds the entire Basin. OFFSITE IMPROVEMENTS: The Applicant would not be completing any off-site improvements. Per the City’s Public Utilities Department, the City would install a secondary water line from Miraloma Avenue to the southwest corner of the Project Site. The Applicant would install a new backflow preventer on this secondary water line next to the existing backflow preventer, per City Standard W-104 as shown in Figure 5 – Approved Water Plans. The Applicant has paid the fee associated with the water line and the City Public Utilities is currently waiting for project approval before installation. CONSTRUCTION ACTIVITIES: Construction activities would be limited to installation of the parking lot gypsum chalk striping and wheel stops, the drinking fountains, tankless water heater, shower area, backflow preventer, a two-inch water line, a half-inch water line to be installed on the ground surface inside the perimeter wall; similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control, and a ¾” water line to supply the Monsoon attraction water spray feature on the floating recreational equipment. The Applicant would hand trench a half-inch line approximately two inches below the western driveway. The City Public Utilities Department would install the secondary water line from Miraloma Avenue to the Project Site which would feed the three on-site water lines. The Applicant has paid the fee to the City’s Public Utilities Department install the secondary water line. The Applicant would place the temporary and removable land side structures and AquaPark Equipment and Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 23 | Page buoy lines at the beginning of each season. As no mass grading or permanent buildings are proposed, no grading or building permits from the City would be required. OTHER PUBLIC AGENCIES WHOSE APPROVAL IS REQUIRED: Orange County Water District, Orange County Health Care Agency, State Water Quality Control Board, Santa Ana Regional Water Quality Control Board ENVIRONMENTAL REVIEW: In January 2016, the Anaheim City Council certified Final Environmental Impact Report (EIR) No. 348, concurrent with the adoption of the ACSP. EIR No. 348 evaluated the environmental impacts associated with the implementation of the ACSP and created Mitigation Monitoring Reporting Plan No. 312 (MMRP No. 312). EIR No. 348 serves as the environmental document for Projects implemented in accordance with the ACSP. At buildout, the ACSP would allow for the redevelopment of existing uses resulting in approximately 47 million square feet of non-residential and 2,919 dwelling units. CEQA Statute and Guidelines limit the scope of the City’s review of the Proposed Project. This review is limited to evaluating the environmental effects associated with the Proposed Project, in comparison to the ACSP Project as set forth in EIR No. 348. This Addendum also reviews new information, if any, of substantial importance not known and could not have been known with the exercise of reasonable due diligence at the time EIR No. 348 was certified. This evaluation includes a determination as to whether the changes proposed for the project would result in any new significant impacts or a substantial increase in a previously identified significant impact. Although CEQA Guidelines Section 15164 does not stipulate the format or content of an addendum, this Addendum used the topical areas identified in Appendix G of the 2019 CEQA Guidelines as guidance for this Addendum. This comparative analysis provides the City with the factual basis for determining whether any changes in the Project, any changes in circumstances, or any new information since EIR No. 348 was certified would require additional environmental review or preparation of a Subsequent EIR or Supplemental EIR. Pursuant to Section 15162 of the CEQA Guidelines, the City has determined, on the basis of substantial evidence in the light of the whole record, that implementation of the Proposed Project does not propose substantial changes to the Approved Project. In addition, no substantial changes in circumstances would occur which would require major revisions to EIR No. 348. Furthermore, there has been no new information of substantial importance revealed since the certification of EIR No. 348 that would result in either new significant effects or an increase in the severity of previously analyzed significant effects. The City Council adopted Mitigation Monitoring and Reporting Plan (MMRP No. 312) as a part of EIR No. 348 that minimized impacts associated with implementation of the ACSP Project. This Addendum identifies the previously adopted mitigation measures applicable to the Proposed Project, which will be conditions of approval for the Proposed Project. This Addendum discusses these mitigation measures in each relevant section of the Addendum. This Addendum was prepared to summarize the analysis that was included in the EIR No. 348 and compare the impacts of the Proposed Project with those analyzed and anticipated by EIR No. 348. The Addendum addresses the potential impacts of the Proposed Project with the applicable mitigation measures set forth in MMRP No. 312, as described in the technical studies prepared specifically for the Proposed Project. The City, as Lead Agency, would implement the applicable mitigation measures, as Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 24 | Page conditions of approval, which the City would apply to the Proposed Project, as part of its discretionary approval of the Proposed Project. The Addendum indicates there are two measures applicable to the Proposed Project, one of which is satisfied by the Applicant paying the applicable fee required for all development and the second is satisfied by the Anaheim Adventure Aqua Park Air Quality Odor Assessment (Appendix A). With implementation of the mitigation measures identified in the Addendum, the Proposed Project would not result in any environmental impacts beyond those identified in the previously certified EIR No. 348. The Addendum concludes the following: • The Proposed Project will not cause significant effects on the environment that were not examined in EIR No. 348. • All potentially significant impacts of the Proposed Project are mitigated and avoided pursuant to paragraph (1) of subdivision (a) of Section 21081 of the Public Resources Code, as a result of the EIR No. 348. • EIR No. 348 examined at a sufficient level of detail the Proposed Project’s effects on the environment to enable those effects to be mitigated or avoided by site-specific revisions, the imposition of conditions, or by other means in connection with the approval of the Proposed Project. • The Proposed Project is consistent with the ACSP, the applicable local land use plans and zoning of the City of Anaheim. • No substantial changes are proposed to the implementation of the ACSP through the Proposed Project which will require major revisions of EIR No. 348. • No substantial changes have occurred with respect to the circumstances under which the Proposed Project is being undertaken, which will require major revisions in EIR No. 348. • Lastly, no new information has become available, which was not known and could not have been known, at the time that EIR No. 348 was certified as complete that is relevant to the conclusions and findings of EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 25 | Page 3.1. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ☐ Aesthetics ☐ Agriculture & Forestry Resources ☐ Air Quality ☐ Biological Resources ☐ Cultural Resources ☐ Energy ☐ Geology/Soils ☐ Greenhouse Gas Emissions ☐ Hazards & Hazardous Material ☐ Hydrology/Water Quality ☐ Land Use/Planning ☐ Mineral Resources ☐ Noise ☐ Population/Housing ☐ Public Services ☐ Recreation ☐ Transportation ☐ Tribal Cultural Resources ☐ Utilities/Service Systems ☐ Wildfire ☐ Mandatory Findings of Significance 3.2. DETERMINATION On the basis of this initial evaluation: ☐ I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ☐ I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ☐ I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ☐ I find that the Proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ☒ I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Proposed Project, nothing further is required. Signature of City of Anaheim Representative Date Printed Name, Title Phone Number Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 26 | Page 4. EVALUATION OF ENVIRONMENTAL IMPACTS: 1) All answers must take account of the whole action involved, including offsite as well as onsite, cumulative as well as Project-level, indirect as well as direct, and construction as well as operational impacts. 2) A list of “Supporting Information Sources” must be attached and other sources used, or individuals contacted should be cited in the Narrative Summary for each section. 3) Response column heading definitions: a) Potentially Significant Impact is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an Environmental Impact Report (EIR) is required. b) Potentially Significant Unless Mitigation Incorporated applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact”. The mitigation measures must be described, along with a brief explanation of how they reduce the effect to a less than significant level. c) Less Than Significant Impact applies where the Project creates no significant impacts, only “Less Than Significant impacts”. d) Impacts Analyzed in EIR No. 348; No New Impact applies where the impacts for the category were analyzed in EIR No. 348 and implementation of the proposed project would not result in any new impacts that were not analyzed in EIR No. 348. e) No Impact applies where a Project does not create an impact in that category. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to Projects like the one proposed (e.g., the Project falls outside of a fault rupture zone). A “No Impact” answer should be explained where it is based on Project-specific factors as well as general standards (e.g., the Project will not expose sensitive receptors to pollutants, based on a Project-specific screening analysis). 4) Earlier analyses may be used where, pursuant to a tiering, program EIR, Master EIR, or other California Environmental Quality Act (CEQA) process, an effect has been adequately analyzed in an earlier EIR or negative declaration (§ 15062(c)(3)(D)). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated”, describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the Project. 5) Incorporate into the checklist any references to information sources for potential impacts (e.g., the General Plan, zoning ordinance). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 6) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and The mitigation measure identified, if any, to reduce the impact to less than significant. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 27 | Page 4.1. AESTHETICS EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway or local scenic expressway, scenic highway, or eligible scenic highway? c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 28 | Page Narrative Summary (a-d): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the aesthetic impacts associated with the implementation of the ACSP (Section 5.1). EIR No 348 identified that all potential impacts were less than significant. EIR No. 348 analyzed the impact of the ACSP on the existing landform and existing aesthetic characteristics of the site and surroundings, including scenic vistas, scenic resources, and the visual quality of the site and surroundings. EIR No. 348 also analyzed impacts of the ACSP associated with light and glare adjacent to sensitive uses. EIR No. 348 concluded that implementation of the ACSP would not adversely impact any scenic vista or damage scenic resources within a state scenic highway. State Route (SR) 91 runs along the southern edge of the Santa Ana River and is officially designated as a state scenic highway from SR-55 to east of Anaheim city limit. Additionally, EIR No. 348 concluded that implementation of the ACSP would not degrade the visual quality of the Project area (EIR No. 348, pp. 5.1-9 – 5.1-11). EIR No. 348 concluded that implementation of the ACSP would not have adverse light and glare impacts adjacent to sensitive uses, Impact 5.1-3. (EIR No. 348, pp. 5.1-10 – 5.1-11). Impacts Associated with the Proposed Project (a-d) No New Impacts. The Project Site is northwest of the SR-91/SR-55 interchange and is not within the limits of the state scenic highway. Therefore, potential impacts associated with scenic vistas and scenic resources within a state scenic highway would be less than significant. The Project Site is in the Miraloma Recharge Basin and is not located directly adjacent to any sensitive receptors. Under Section 5.10.1.2 in EIR No. 348, the definition of sensitive receptors includes residence, schools, hospital facilities, houses of worship, and open space/recreation areas (p. 5.10-16). The nearest sensitive receptors to the Project Site are the residence located across the Carbon Creek Channel to the west, fronting off of Miraloma Avenue and the Eastside Christian Church located to the south, across Miraloma Avenue. The inflatable obstacle course would be the tallest portion of the Proposed Project, at a height of 26’-3” at its highest point. Figure 8 – Project Line of Sight Section shows that the tallest point of the obstacle course would maintain approximately one foot of visibility as seen by a pedestrian located on the sidewalk on the south side of Miraloma Avenue (across the street from the Project Site). The existing block wall surrounding the Project Site would shield the obstacle course from view from all vehicles passing by on Miraloma Avenue and pedestrian traffic located on the north side of Miraloma Avenue. No view sheds or corridors would be impacted as a result of the Proposed Project. The Proposed Project would operate May through September with hours of operation of Monday through Friday 10am to 7pm and Saturday and Sunday 9am to 7pm. Seasonal hours of operation for the months of April and October would be Monday through Friday 10am to 4pm and Saturday and Sunday 9am to 4pm. No nighttime lighting would be required for the Proposed Project. The Project Site has an existing six to eight-foot-high concrete wall along the perimeter of the Project Site, which would help reduce any aesthetics impacts during seasonal operations. During the off season, the Applicant would remove the temporary amenities such as floating obstacle course and the wheel-mounted units (restrooms, pro-shop, and life-vest kiosk) from the Project Site. Therefore, no new impacts associated with aesthetics would occur. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 29 | Page Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348 Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 30 | Page 4.2. AGRICULTURAL RESOURCES In determining whether Impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation (DOC) as an optional model to use in assessing impacts on agriculture and farmland. Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code § 12220(g)), timberland (as defined by Public Resources Code § 4526), or timberland zoned Timberland Production (as defined by Government Code § 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 31 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-e): Impacts Analyzed in EIR No. 348 No Impacts. During preparation of the EIR No. 348, agriculture resources were identified as not being significantly affected by or affecting the ACSP. The ACSP area is an urbanized area, disturbed by human activity and development (EIR No. 348, pp. 4-4, 8-2). Implementation of the Proposed Project as anticipated by the ACSP would not result in the rezoning, conversion, or loss of agricultural resources. Impacts Associated with the Proposed Project (a-e) No New Impacts. The Project Site is a groundwater recharge basin. According to the California Department of Conservation’s Orange County Important Farmland Data Availability website2, the Project Site is urban and built-up land. The Proposed Project is a seasonal water park that would not result in any potential impacts to agricultural resources. Therefore, no new impacts associated with agricultural resources would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. 2 California Department of Conservation. (2016). Farmland Mapping and Monitoring Program, Orange County https://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx Accessed June 23, 2020. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 32 | Page 4.3. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment under an applicable Federal or State ambient air quality standard? c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? In July 2020, Sagecrest Planning+Environmental completed an odor assessment to determine potential impacts related to odors associated with the development of the Proposed Project as they related to MM AQ-11 (Appendix A - Anaheim Adventure Aqua Park Air Quality Odor Assessment, Sagecrest Planning+Environmental, July 2020). Appendix A assesses verified odor complaints monitored by the SCAQMD in order to identify applicability of MM AQ-11. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 33 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-1: Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a note on plans indicating that ongoing during grading and construction, contractors will use equipment that meets the following United States Environmental Protection Agency (EPA)- Certified emissions standards: All off-road diesel-powered construction equipment greater than 50 horsepower shall meet the Tier 4 Final emission standards. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB regulations. Mitigation Measure is not applicable. The Proposed Project would not include the use of heavy off- road machine equipment for the installation of the temporary structures and improvements on the Project Site. No construction or demolition of permanent buildings would occur. The Applicant would install the three (3) proposed water lines via hand trenching. AQ-2: Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the Project Site. This list may be provided on the building plans. The construction equipment list shall state the makes, models, and numbers of the equipment; that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board’s Rule 2449. Mitigation Measure is not applicable. The Proposed Project would not include the use of heavy off- road machine equipment for the installation of the temporary structures and improvements on the Project Site. No construction equipment for the purposes of demolition or construction of permanent buildings would be a part of the Proposed Project. The Applicant would install the three (3) proposed water lines via hand trenching. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 34 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-3: Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall submit a dust control plan that implements the following measures during ground-disturbing activities, in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403, to further reduce PM10 and PM2.5 emissions: a) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. b) During all construction activities, the construction contractor shall sweep streets with Rule 1186–compliant, PM10-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. c) During all construction activities, the construction contractor shall maintain a minimum 24-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. d) During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day. e) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The Building Division shall verify compliance during normal construction site inspections. Mitigation Measure is not applicable. The Proposed Project would not include the use of heavy off- road machine equipment for the installation of the temporary structures and improvements on the Project Site. No construction equipment for the purposes of demolition or construction of permanent buildings would be a part of the Proposed Project. The Applicant would install the three (3) proposed water lines via hand trenching. A half-inch water line, to be installed on the ground surface inside the perimeter wall, would periodically water the DG parking area for fugitive dust control. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 35 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-4: Prior to issuance of a building permit, the property owner/developer shall provide a note on plans indicating that: a) All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). b) All architectural coatings shall be applied either by (1) using a high-volume, low pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. c) The construction contractor shall also use precoated/natural colored building materials, where feasible. The Building Division shall verify compliance during normal construction site inspections. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. No construction equipment for the purposes of demolition or construction of buildings would be a part of the Proposed Project. No material coatings for the purposes of exterior structure finishes would be applied as a part of the Proposed Project. AQ-5: Prior to issuance of building permits, for residential development, the property owner/developer shall provide a note on building plans that indicates that all shared community barbeques will be electric powered barbeque units. These units shall be verified on site by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. AQ-6: Prior to issuance of a building permit, the property owner/developer shall show on plans that all applicant-provided appliances be Energy Star appliances (dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star appliances shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings that require appliances. All facets of the Proposed Project would be seasonal and temporary. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 36 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-7: Prior to issuance of building permits for new construction of residential development, the property owner/developer shall indicate on plans that garage and/or car port parking are electrically wired to accommodate a Level 2 (240 volt) electric vehicle charging. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. AQ-8: Prior to issuance of building permits for new construction of non-residential development of 100,000 building square feet or more, the property owner/developer shall indicate on plans that Level 2 vehicle charging stations will be provided for public use, and where feasible, the property owner/developer shall coordinate with the City of Anaheim to install Level 3 (480 volt or higher) charging stations. The location of the charging station(s) shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 37 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-9: Prior to issuance of building permits for new industrial or warehousing projects that meets the following criteria: a) Have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units (TRUs), and b) Are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. The property owner/developer shall submit a health risk assessment (HRA) to the Planning Department. The HRA shall be prepared in accordance with policies and procedures of the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD). If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 μg/m3, or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. The property owner/developer shall record a covenant on the property that requires ongoing implementation of T-BACTs identified in the HRA. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of new industrial or warehousing buildings. The Proposed Project would not generate 100 or more diesel truck trips per day. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 38 | Page AQ-10: Prior to issuance of building permits for new residential developments, the property owner/developer shall submit a health risk assessment (HRA) to the Planning Department. The HRA shall be prepared in accordance with policies and procedures of the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD). If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 μg/m3, or the appropriate noncancer hazard index exceeds 1.0, the following is required prior to issuance of building permits: a) The HRA shall identify the level of high-efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold. b) Installation of high efficiency MERV filters in the intake of residential ventilation systems consistent with the recommendations of the HRA, shall be shown on plans. Heating, air conditioning, and ventilation (HVAC) systems shall be installed with a fan unit designed to force air through the MERV filter. c) To ensure long-term maintenance and replacement of the MERV filters in the individual units, the property owner/developer shall record a covenant on the property that requires ongoing implementation of the actions below. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. 1. The property owner/developer shall provide notification to all future tenants or owners of the potential health risk for affected units and the increased risk of exposure to diesel particulates when windows are open. 2. For rental units, the property owner/developer shall maintain and replace MERV filters in accordance with the manufacture’s recommendations. 3. For ownership units, the Homeowner’s Association shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of Mitigation Measure is not applicable. The Proposed Project would not include any residential development. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 39 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable their responsibility to maintain the MERV filter in accordance with the manufacturer’s recommendations. AQ-11: For Projects located within 1,000 feet of an industrial facility that emits substantial odors, which includes but is not limited to: • Wastewater treatment plants • Composting, greenwaste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large-capacity coffee roasters • Food-processing facilities The property owner/developer shall submit an odor assessment to the Planning Director prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units. Mitigation Measure is applicable as there are eight industrial facilities within 1,000 feet of the Project Site. The Odor Assessment contained in Appendix A of this Addendum addresses and satisfies MM AQ- 11. This is the only mitigation measure applicable to the Proposed Project and therefore, the City is not requiring a Mitigation Monitoring and Reporting Plan for the Proposed Project. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 40 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-1: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees’ commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-2: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-3: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 41 | Page Narrative Summary (a-d): Impacts Analyzed in EIR No. 348 Significant and Unavoidable Impact. EIR No. 348 addressed the air quality impacts associated with implementation of the ACSP (Section 5.2). EIR No. 348 analyzed criteria pollutant emissions from both construction and operational activities of the proposed 19.6 million square feet of additional industrial and commercial uses and 2,607 additional residential units permitted by the ACSP. EIR No. 348 concluded that after mitigation, significant and unavoidable impacts would still occur with respect to short-term construction emissions, long-term operational emissions, exposing sensitive receptors to substantial construction and operational pollutants, and violating air quality standards. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. After mitigation, EIR No. 348 concluded that implementation of the ACSP would have less than significant impacts with respect to creating objectionable odors that affect a substantial number of people. EIR No. 348 concluded that significant air quality impacts would occur from both construction and operation of all foreseeable development as detailed in the ACSP. Construction activities associated with the ACSP would exceed the South Coast Air Quality Management District’s (SCAQMD) regional thresholds for volatile organic compounds (VOC) and nitrogen oxides (NOX). Operation of the ACSP Project at buildout would generate air pollutant emissions that exceed SCAQMD’s regional significance thresholds for VOC, NOX, carbon monoxide (CO), PM10, and PM2.5. Impacts Associated with the Proposed Project (a-d) No New Impacts. The Proposed Project would involve the use of a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). The operation of the seasonal water park would occur in the months of April through October. No demolition, construction, or grading activities which would substantially alter the Project Site would occur as a part of this project. The Proposed Project would occur on a site currently developed with the Miraloma Recharge Basin operated by the OCWD. The City’s Public Utilities Department would install the Proposed Project’s approximately 40linear feet of 2-inch potable water line in the southwest corner of the Project Site (Figure 5). This line would require trenching in the area for placement of the water line and would connect to an existing water line in East Miraloma Avenue. The 40-feet of trenching for the 2-inch line could result in potential dust due to ground disturbance. However, the Proposed Project would comply with the SCAQMD Rule 403 - Fugitive Dust by applying best available control measures (BACT) outlined in Table 1 of Rule 403. The Applicant would install a half-inch water line on the ground surface inside the perimeter wall in order to periodically water the DG parking area for fugitive dust control. This line would be trenched by hand approximately 2-inches beneath the western driveway. The Applicant would also install a water supply line, for drinking fountains and showers, connecting from the 2-inch potable water line installed by the City, which would then connect to a ¾” water line to supply the Monsoon attraction water spray feature on the floating recreational equipment. The Applicant would hand trench the three (3) proposed water lines. Speed limit signs placed within the parking area would limit the speed of on-site vehicles for the purposes of fugitive dust control as well. Installation of the temporary equipment would involve unloading of two storage containers and one small trailer that the Applicant would have delivered via on-road trucks. The inflatable water structure Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 42 | Page is modular and designed to be stored in sections that can be unloaded and installed by hand and does not require the use of any off-road equipment. Temporary equipment would be removable with a minimum 72-hour advanced notice from the OCWD. There would be no construction related air quality impacts since the Proposed Project involves nominal construction activity for the temporary improvements and no mass grading. Operations-Related Air Quality Impacts The on-going operation of the Proposed Project would not result in a long-term increase in air quality emissions. The Proposed Project entails the operation of a seasonal water park for recreational purposes. The majority of the proposed use would take place outdoors as active and passive recreation involving non-motorized, human-powered activities such as swimming, paddle boarding and/or kayaking and would not generate significant levels of emissions compromising air quality as a direct result of the on-going recreation use of the Proposed Project. Equipment use on site during the operation of the Proposed Project would include a tankless water heater for the shower area, which would connect to the existing electrical infrastructure on the Project Site. At the beginning and end of each season, electric air pumps would inflate/deflate the obstacle course. These pumps would not continuously run throughout operation of the waterpark season. An onsite generator with a 48hp limit would provide backup power, as needed. The Applicant would install a half-inch water line on the ground surface inside the perimeter wall in order to periodically water the DG parking area for fugitive dust control. This line would be trenched by hand approximately 2-inches beneath the western driveway. Speed limit signs placed within the parking area would limit the speed of on-site vehicles for the purposes of fugitive dust control as well. Anticipated emissions from the Proposed Project would involve Project-generated vehicle trips from visitors and employees of the Proposed Project, which includes a maximum weekend peak-hour trip rate of 40 trips (Appendix C). As discussed in Appendix D – VMT Assessment for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, October 2020, the project-generated vehicle trips from visitors and employees falls within the amount allowed in the traffic analysis for the ACSP. Therefore, the Proposed Project would not result in substantial changes or major revisions to the information previously analyzed in EIR No. 348 and is not expected to generate levels of vehicle trips that would result in potentially significant impacts. The on-going operations of the Proposed Project would not result in operations-related impacts to regional air quality. Air emissions from onsite sources such as architectural coatings, landscaping equipment, and onsite usage of natural gas appliances may have the potential to create emissions areas that exceed the State and Federal air quality standards in the project vicinity, even though these pollutant emissions may not be significant enough to create a regional impact to the Air Basin. However, the Proposed Project would not involve any demolition, construction, or grading activities which would result in the application of architectural coatings, landscaping equipment, or the onsite usage of natural gas appliances. The on- going operations of the Proposed Project would not result in operations-related impacts to local air quality due to on-site emissions. The Proposed Project would not violate an air quality standard or contribute substantially to an existing or projected air quality violation. The Proposed Project would not result in any short-term construction related impacts, as the Proposed Project would not involve substantial demolition, construction, or grading for the purposes of permanent buildings. Installation of the temporary equipment would involve unloading of two storage containers and one small trailer that the Applicant would have delivered via Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 43 | Page on-road trucks. The inflatable water structure is modular and designed to be stored in sections that can be unloaded and installed by hand and does not require the use of any off-road equipment. The Proposed Project would not expose sensitive receptors to any pollutants which would result in a significant impact and would not result in objectionable odors as the Proposed Project does not include any type of operational function that results in objectionable odor emissions, such as a coffee roaster, recycling facility, or wastewater treatment facility. The Proposed Project is located within 1,000 feet of multiple potential odor emitting facilities; however, none has been in violation with SCAQMD more than three times for odor emissions (Appendix A). The Odor Assessment contained in Appendix A of this Addendum addresses and satisfies MM AQ-11. This is the only mitigation measure applicable to the Proposed Project and therefore, the City is not requiring a Mitigation Monitoring and Reporting Plan for the Proposed Project. Development of the Proposed Project would be consistent with the land use designations provided in the ACSP and would promote the goals and policies of the ACSP by providing open space recreational uses in close proximity to the existing urban and built-out area of the City. Therefore, no new impacts associated with air quality would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, which was not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 44 | Page 4.4. BIOLOGICAL RESOURCES Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or United States Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 45 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable BIO-1: Prior to issuance of grading permits for any project that occurs within the areas identified as having potential for the occurrence of special plant communities and sensitive species as shown in Figure 5.3-1, Areas with Potential for Sensitive Species and Plant Communities, the property owner/developer shall submit a biological survey prepared by a qualified biologist. The biological survey shall assess potential impacts to wildlife movement and identify any impacts to sensitive vegetation communities, including coastal sage scrub, riparian, wetland, and open water habitats. The property owner/developer shall be required to restore and revegetate where the loss of small and/or isolated habitat patches is proposed and maintain existing wildlife movement opportunities. Mitigation Measure is not applicable. Although the Project Site is within Figure 5.3-1, the Proposed Project would not require mass grading. The Applicant would install the three (3) proposed water lines via hand trenching. BIO-2: Prior to issuance of demolition, grading or building permits, whichever occurs first, for construction activity that is set to occur during nesting season (typically between February 1 and July 1), the property owner/developer shall be required to conduct nesting bird surveys in accordance with the California Department of Fish and Wildlife requirements, and submit said surveys to the City of Anaheim Planning Department. Such surveys shall identify avoidance measures to protect active nests. Mitigation Measure is not applicable. The Proposed Project does not include demolition or construction of permanent buildings. The Proposed Project would not involve mass grading. The Applicant would install the three (3) proposed water lines via hand trenching. BIO-3: Prior to issuance of building permits, for projects with new lighting located adjacent to natural areas, the property owner/developer shall submit a lighting plan indicating that the proposed lighting has been designed to prevent artificial lighting from reflecting into adjacent natural areas. Mitigation Measure is not applicable. The Proposed Project does not include the construction of permanent buildings. The Proposed Project would operate only during daylight hours. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 46 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable BIO-4: Prior to preliminary design of any bridge crossing the Santa Ana River, a qualified biologist shall conduct a jurisdictional delineation of the potential disturbance area at locations where construction activity could affect jurisdictional waters. The jurisdictional delineation shall determine if features are under the jurisdiction of the US Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), and/or the California Department of Fish and Wildlife (CDFW). The result shall be a preliminary jurisdictional delineation report that shall be submitted to the City of Anaheim and any responsible agency, ACOE, RWQCB, and CDFW, as appropriate, for review and approval. Based on the results of the preliminary jurisdictional delineation, bridge design shall be completed so that impacts to jurisdictional waters are minimized in consultation with the ACOE, RWQCB, and CDFW. After final design but prior to construction, permits shall be obtained from each agency where applicable. Mitigation Measure is not applicable. The Project Site is not within the Santa Ana River. BIO-5: Prior to the issuance of grading permits for projects potentially affecting riparian or wetland habitat, the property owner/developer shall provide evidence that all necessary permits have been obtained from the California Department of Fish And Wildlife (pursuant to Section 1601-1603 of the Fish and Game Code) and the U.S. Army Corps of Engineers (pursuant to section 404 of the Clean Water Act) or that no such permits are required, in a manner meeting the approval of the City of Anaheim Planning Department. Should a Section 404 Permit from the Army Corps of Engineers be required, a Section 401 Water Quality Certification would also be obtained from the California Regional Water Quality Control Board, Santa Ana Region. Mitigation Measure is not applicable. The Proposed Project does not include demolition or construction of permanent buildings. During the nonoperational months of the Proposed Project (November through March) maintenance activities may be undertaken by the OCWD, which are permitted under separate permits, including approved Section 401, Section 404, and Section 1600 permits. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 47 | Page Narrative Summary (a-f): Impacts Analyzed in EIR No. 348 Less Than Significant with Mitigation. EIR No. 348 addressed the potential impacts to biological resources associated with implementation of the ACSP (Section 5.3). EIR No. 348 evaluated the potential for the ACSP to impact biological resources in the local and regional context of the City of Anaheim, including sensitive species, riparian and sensitive habitats, wetlands, and migratory waterfowl. EIR No. 348 also evaluated the ACSP for consistency with local plans, policies and ordinances protecting biological resources. EIR No. 348 concluded that after mitigation, Mitigation Measures BIO-1 through BIO-5, which require a biological report, nesting bird survey, lighting plan, and a jurisdictional delineation prior to grading and demolition, impacts would be less than significant with respect to sensitive species, riparian or other sensitive habitats, protected wetlands, and migratory waterfowl. Impacts would also be less than significant, and no mitigation measures required, with respect to conflicts with any local policies or ordinances, and provisions of an adopted conservation plan (EIR No. 348, pp. 5.3-12 – 5.3-17). EIR No. 348 identified that the ACSP area contains wetland and aquatic habitats that are potentially suitable for a number of sensitive species. These sensitive species include the Santa Ana sucker (Catostomus santaanae), a federally listed fish species, and southwestern pond turtle (Actinemys marmorata pallida), burrowing owl (Athene cunicularia), and northwestern San Diego pocket mouse (Chaetodipus fallax)—all of which are California Species of Concern. The potentially suitable habitat areas for these species are in areas designated Open Space under the General Plan and maintained as Open Space/Water in the proposed ACSP. However, Open Space/Water around Kraemer Basin, Anaheim Lake, and Warner Basin would be improved with California- friendly plants, trails, and seating areas. Additionally, the ACSP intensity of development would also increase (EIR No. 348, pp. 5.3-12 – 5.3-14). EIR No. 348 determined these impacts would be less than significant with the implementation of Mitigation Measures BIO -1 though BIO- 4 (EIR No. 348, p. 5.3-16). EIR No. 348 determined that potential impacts to riparian, wetland, or other habitat associated with project development would be mitigated through compliance with regulations under Section 404 and CDFW regulations under Sections 1601 to 1603 and with the implementation of Mitigation Measures BIO -1 though BIO- 5 (EIR No. 348, pp. 5.3-13 – 5.3-14., 5.3-17). EIR No. 348 identified sensitive vegetation communities in the ACSP area including areas of riparian vegetation and wetlands in the Santa Ana River and basin areas, which contain open water habitat that migratory and resident waterfowl and other bird species use, principally for foraging. Despite these areas being heavily disturbed, there are patches of vegetation that could support sensitive species, and thus could directly affect sensitive species (EIR No. 348, p. 5.3-13). EIR No. 348 determined these impacts would be less than significant with the implementation of Mitigation Measures BIO -1 though BIO- 4 (EIR No. 348, p. 5.3-16). The EIR found the ACSP is consistent with the goals and policies for protection of biological resources in the Green Element of the Anaheim General Plan. Therefore, future projects in accordance with the ACSP, would comply with all relevant policies and ordinances relating to tree preservation, including the City of Anaheim Street Tree Ordinance. Finally, the ACSP area is not located within a designated Natural Communities Conservation Plan/Habitat Conservation Plan (NCCP/HCP) area (EIR No. 348, p. 5.3-14). Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 48 | Page Impacts Associated with the Proposed Project (a-f) No New Impacts. The Project Site is in the Miraloma Recharge Basin and has the potential to impact sensitive species, riparian and sensitive habitats, wetlands, and migratory waterfowl. EIR No. 348 determined that with the implementation of Mitigation Measures BIO-1 through BIO-5 impacts would be less than significant. However, the Proposed Project does not include permanent structures, or nighttime lighting as the hours of operations are during daylight hours. The Proposed Project would operate May through September, Monday through Friday from 10am to 7pm and Saturday and Sunday from 9am to 7pm. Seasonal hours of operation for the months of April and October would be Monday through Friday 10am to 4pm and Saturday and Sunday 9am to 4pm. The Project Site is the Miraloma Recharge Basin and does not contain fish, or water vegetation or animals. The Project Site is within an urbanized setting; surrounding uses include the adjacent Kraemer and Miller Basins, industrial and commercial uses, and one single family residence. Much of the surrounding disturbed habitat is ruderal, non-native vegetation. Because the Project Site is developed and is located in an urbanized setting, the site generally lacks the suitable habitat that would support a wildlife corridor. The Carbon Canyon Creek diversion channel extends north and west of the Project Site; however, the channel is deep and fenced which inhibits wildlife access. The Project Site’s existing condition involves high human activity due to maintenance including the removal of litter, trash, and food scraps, which could encourage wildlife activity. OCWD maintains the recharge basin regularly, including an annual cleaning with heavy equipment. The existing activities of the Project Site limits the establishment and presence of wildlife on-site. The Proposed Project would not impact any water dwelling species because the existing recharge basin contains no water dwelling species. Operation of the Proposed Project would include human activity. Worker staff would maintain litter on the Project Site as a part of operating processes for the use. The increased level of human activity, and litter, trash, and food scrap clean up maintained as a part of the Proposed Project’s operation would discourage wildlife from establishing within the basin, similar to existing conditions. According to EIR No. 348, no areas surrounding the water bodies within the City, identified in the General Plan’s Green Element, contain any significant biological resources. OCWD would perform routine grading activities every winter, which are not part of the Proposed Project. Streambed Alteration Agreement Notification No 1600-2012-0013-R5, between OCWD and CDFW, covers OCWD’s grading activities. Additionally, OCWD’s 401 Water Quality Certification obtained from the California Regional Water Quality Control Board and a 404 Permit obtained from United State Army Corps of Engineers (USACE), also allow these grading activities. The Proposed Project would not limit or interfere with the existing permitted maintenance of the Basin. Therefore, no new impacts associated with biological resources would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 49 | Page 4.5. CULTURAL RESOURCES Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines §15064.5 and/or identified on the Anaheim Citywide Historic Preservation Plan. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5? c) Disturb any human remains, including those interred outside of formal cemeteries? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-c): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. During preparation of the EIR No. 348, cultural resources were identified as not being significantly affected by or affecting the ACSP. The ACSP has been previously disturbed and lacks identified historical, archaeological, and paleontological resources. Therefore, the EIR No. 348 concluded that impacts to cultural resources were not significant (EIR No. 348, p. 4-4). Impacts Associated with the Proposed Project (a-c) No New Impacts. The Project Site has been previously disturbed and lacks identified historical, archaeological, and paleontological resources. The Proposed Project does not propose any ground disturbing activities requiring heavy machinery or off-road vehicles. The Applicant would install three waterlines as a part of the Proposed Project using hand trenching. Therefore, no new impacts associated with cultural resources would occur. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 50 | Page Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 51 | Page 4.6. ENERGY Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 In December 2018, the Natural Resources Agency revised Appendix G of the CEQA Guidelines to include a checklist item relating to a project’s impacts relating to Energy. Appendix G of the CEQA Guidelines now includes a checklist item that provides the following questions (as shown in the Table above): Energy. Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? The City certified EIR No. 348 in 2016, two years before the State added the above checklist item to the CEQA Guidelines. California courts have held that where a new guideline or threshold is adopted after the certification of an EIR, an Addendum to the EIR need not include additional environmental analysis relating to that guideline or threshold where the potential environmental impact at issue in the new guideline or threshold was known or could have been known at the time the EIR was certified (Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal.App.4th 788, 806 [even though CEQA Guidelines were amended on March 18, 2010 to address greenhouse gas emissions, lead agency’s 2010 Addendum to a 1997 EIR did not require analysis of greenhouse gas emissions because “information about the potential environmental impact of greenhouse gas emissions was known or could have been Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 52 | Page known at the time the 1997 EIR and the 2003 SEIR for the [project] were certified”]; Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, 1319-1320 [“the adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified”]; see also Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515, 532.) Impacts Associated with the Proposed Project (a-b) and Conclusion The City, as the Lead Agency knew or could have known the impacts at issue in the above-referenced threshold (i.e., the potential environmental impacts of energy inefficiency) when EIR No. 348 was certified in 2016. EIR No. 348 repeatedly and explicitly discusses the importance of energy efficiency, including MM AQ-6, which requires applicant-provided appliances be Energy Star appliances, and inclusion of Green Building and LEED program assistance in the ACSP Implementation Action Plan. EIR No. 348 did not include the Energy environmental factor in its checklist, therefore, California law does not require the City to analyze these impacts in this Addendum. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 53 | Page 4.7. GEOLOGY AND SOILS Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? f) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 54 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-f): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the geotechnical and soils impacts associated with the implementation of the ACSP (Section 5.4). All impacts were less than significant, with no mitigation measures required. EIR No. 348 evaluated the potential for implementation of the ACSP to impact geological and soil resources and expose people to geologic and seismic hazards. EIR No. 348 identified that residences, occupants, visitors, etc., would be subject to potential seismic related hazards, such as liquefaction, settlement, subsidence, or collapse, but that appropriate measures to reduce and minimize the effects of earthquakes are included in the California Building Code (CBC), with specific provisions for seismic design. The ACSP area is located in a relatively flat area with minimal potential for landslides and ground lurching. Additionally, the ACSP area has low to moderate potential for expansive soils (EIR No. 348, pp. 5.4-16 – 5.4-17). Impacts Associated with the Proposed Project (a-f) No New Impacts. The Proposed Project does not include the construction of any permanent buildings and no site-specific geological investigation would be required. All the proposed amenities, including a floating obstacle course, mobile-wheel pro-shop, life-jacket disbursement structure, and restrooms are mobile and temporary for removal from the Project Site during the off season. Soils in the Project Site have already been disturbed and would continue to be disturbed every winter by OCWD to preserve the basins ability to infiltrate groundwater by undergoing significant grading maintenance (as approved under separate permits). These routine winter grading activities are not part of the Proposed Project and occur with or without the Proposed Project. The Proposed Project includes three water lines, which the Applicant would install via hand trenching. The Proposed Project includes the installation of a half-inch water line and speed limit signs in the parking area to limit dust during project operation. The Proposed Project would install straw wattles at the northern edge of the proposed parking area to ensure erosion and drainage control. The Proposed Project would not require the installation of a septic tank or alternative wastewater disposal system as future the Proposed Project would include wheel mounted portable restrooms, serviced daily, as needed. A private service provider would remove wastewater collected from the portable restrooms, as part of the provider’s existing route; as a result, wastewater from the restrooms would not be retained onsite. Therefore, no new impacts associated with geology and soils would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 55 | Page not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 56 | Page 4.8. GREENHOUSE GAS EMISSIONS Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts analyzed in EIR No. 348 No New Impact No Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-5: Prior to issuance of building permits, for residential development, the property owner/developer shall provide a note on building plans that indicates that all shared community barbeques will be electric powered barbeque units. These units shall be verified on site by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. AQ-6: Prior to issuance of a building permit, the property owner/developer shall show on plans that all applicant-provided appliances be Energy Star appliances (dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star appliances shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include permanent structures that require appliances. All facets of the Proposed Project would be seasonal and temporary. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 57 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-7: Prior to issuance of building permits for new construction of residential development, the property owner/developer shall indicate on plans that garage and/or car port parking are electrically wired to accommodate a Level 2 (240 volt) electric vehicle charging. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. AQ-8: Prior to issuance of building permits for new construction of non-residential development of 100,000 building square feet or more, the property owner/developer shall indicate on plans that Level 2 vehicle charging stations will be provided for public use, and where feasible, the property owner/developer shall coordinate with the City of Anaheim to install Level 3 (480 volt or higher) charging stations. The location of the charging station(s) shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings. T-1: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees’ commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 58 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-2: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-3: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 Significant and Unavoidable Impacts EIR No. 348 analyzed the potential impacts from greenhouse gas (GHGs) emissions associated with the implementation of the ACSP (Section 5.5). EIR No. 348 concluded that implementation of the ACSP would result in significant and unavoidable impacts with respect to GHG emissions and less than significant impacts with respect to conflicts with applicable plans, policies or regulations adopted for reducing emissions of GHGs. EIR No. 348 evaluated the potential for implementation of the ACSP to generate GHGs, either indirectly or directly, that may have a significant impact on the environment; or conflict with an applicable plan, policy or regulation adopted for reducing the emissions of greenhouse gases. EIR No. 348 concluded that although the ACSP Project would not conflict with applicable regulations and policies adopted for reducing greenhouse gas (GHG) emissions and, although the ACSP would incorporate feasible mitigation measures, the magnitude of the increase in GHG emissions would remain cumulatively considerable and the impact to GHG emissions would be significant and unavoidable. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 59 | Page Impacts Associated with the Proposed Project (a-b) No New Impacts. The Proposed Project would involve the use of a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). The Proposed Project would occur on a site currently developed with the Miraloma Recharge Basin operated by the OCWD. The City’s Public Utilities Department would install the Proposed Project’s approximately 40 linear feet of a two-inch potable water line in the southwest corner of the Project Site (Figure 5). This line would require trenching in the area for placement of the water line and would connect to an existing water line in East Miraloma Avenue. The Proposed Project would also include installation of a half-inch water line to be installed on the ground surface inside the perimeter wall, similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control. The Applicant would hand trench this line approximately two inches below the western driveway. In addition, the Proposed Project includes installation of a ¾” water line to supply the Monsoon attraction water spray feature on the floating recreational equipment. The three proposed water lines would be hand trenched. Installation of the temporary equipment would involve unloading of two storage containers and one small trailer, delivered via on-road trucks. The inflatable water structure is modular and designed to be stored in sections that can be unloaded and installed by hand and does not require the use of any off- road equipment. The operator would inflate the inflatable water structure once per season by an electrical air pump, which does not require continuous operation through the water park season. Since installation of the Proposed Project would occur with on-road vehicles, manual installation, and hand trenching of the proposed three water lines, greenhouse gas emissions from nominal construction activity and no mass grading would not result in new impacts. The primary potential greenhouse gas impacts from the Proposed Project would include those from mobile vehicle sources during operational use. The ACSP allows for up to 3.6 million square feet of non-residential uses in the DA-6 (Open Space/Water) development area at buildout. The Proposed Project would involve temporary, seasonal structures and uses that the Applicant would remove during the winter months (November through March). Operational impacts from mobile sources would be limited to passenger vehicles accessing the Project Site between April and October annually. The majority of the proposed use would take place outdoors as active and passive recreation involving non-motorized, human-powered activities such as swimming, paddle boarding and/or kayaking and would not generate significant levels of greenhouse gas emissions compromising air quality as a direct result of the on-going recreation use of the Proposed Project. Equipment use on site during the operation of the Proposed Project would include a tankless water heater for the shower area, which would connect to the existing electrical infrastructure on the Project Site. At the beginning and end of each season, electric air pumps would inflate/deflate the obstacle course. These pumps would not continuously run throughout operation of the waterpark season. An onsite generator with a 48hp limit would provide backup power, as needed. The Proposed Project would not involve any demolition, construction, or grading activities which would result in the application of architectural coatings, landscaping equipment, or the onsite usage of natural gas appliances which could result in greenhouse gas emissions. Any indirect emissions associated with increased water use and wastewater generation association with the on-site showers and restrooms would be nominal comparted to those identified in EIR No. 348. The Proposed Project would not result in substantial Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 60 | Page changes or major revisions to the information previously analyzed in EIR No. 348. Therefore, no new impacts associated with greenhouse gas emissions would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 61 | Page 4.9. HAZARDS AND HAZARDOUS MATERIALS Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code § 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a Project located within an airport land use plan (Los Alamitos Armed Forces Reserve Center or Fullerton Municipal Airport), would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? f) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 62 | Page g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-g): Impacts Analyzed in EIR No. 348 EIR No. 348 analyzed the hazards and hazardous materials impacts associated with the implementation of the ACSP (Section 5.6). All impacts were determined to be less than significant, with no mitigation measures required. EIR No. 348 evaluated the potential impacts of the ACSP Project on human health and the environment due to exposure to hazardous materials or conditions associated with the Project Area, construction, and operations. The ACSP area contains various industrial uses that handle, store, and dispose various hazardous materials. With the ACSP’s emphasis on green technology and sustainable development, EIR No. 348 did not anticipate that implementation of the ACSP would substantially increase the use, transport, or disposal of hazardous materials. A Phase 0 Site Assessment (Appendix D of the DEIR No. 348, Phase 0 Site Assessment, The Planning Center|DC&E, January 2014) was prepared for the ACSP area. The Assessment identified uses and properties that could potentially pose a variety of environmental hazards within the boundaries of the ACSP. The ACSP area includes a number of facilities listed on the hazardous materials sites list compiled by various government agencies. The listed facilities would be required to conduct site-specific evaluation in accordance with the State of California Hazardous Substances Control Law (Health and Safety Code, Division 20, Chapter 6.5) and the requirements of the California Administrative Code, Title 30, Chapter 22. EIR No. 348 did not identify the Project Site as a property that could potentially pose environmental hazard. Impacts Associated with the Proposed Project (a-g) EIR No. 348, Appendix D - Phase 0 Site Assessment, identifies the Project Site as a property with recognized environmental conditions (RECs) (p. D-8). In September 2011, the OCWD Board of Directors certified the Miraloma Recharge Basin FEIR, which analyzed the hazards and hazardous materials impacts associated with the development of the Miraloma Recharge Basin for the groundwater recharge basin. As part of the environmental planning process for the Miraloma Recharge Basin FEIR, a Phase I and Phase II Hazardous Waste Site Assessments were prepared. Historical records indicated three leaking underground storage tanks (USTs) existed at the Project Site. However, as part of the Miraloma Recharge Basin project, OCWD reviewed and confirmed the Anaheim Fire Department and Office for the Coordination of Humanitarian Affairs closed-out the records associated with these issues; subsequent testing showed no detectable concentrations of hazardous waste contaminants (Miraloma Recharge Basin FEIR, p. 52 of 108). Hazards warranting mitigation measures were those associated with demolition Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 63 | Page of existing structures on the Project Site prior to construction and development of the Basin, specifically asbestos. The Proposed Project would involve the use of a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). No demolition or construction of permanent buildings, or grading activities requiring heavy machinery or off-road vehicles would occur as a part of this project, therefore, the Proposed Project would not alter structures potentially containing asbestos. The City’s Public Utilities Department would install the Proposed Project’s approximately 40 linear feet of a potable water line in the southwest corner of the Project Site (Figure 5). This line would require trenching in the area for placement of the water line and would connect to an existing water line in East Miraloma Avenue. The Proposed Project would also include installation of a half-inch water line to be installed on the ground surface inside the perimeter wall, similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control. This Applicant would hand trench this line approximately two inches below the western driveway. A ¾” water line to supply the Monsoon attraction water spray feature on the floating recreational equipment would also be installed as a part of the Proposed Project. The three (3) proposed water lines would be hand trenched. The Project Site currently operates as the Miraloma Recharge Basin and there are no other tenants conducting environmentally sensitive activity, which this analysis would reasonably expect to present an environmental issue of concern, so no new impacts associated with the release or disposal of hazardous materials would occur. William Ng Woodworking School is located to the east of the Project Site within the Zuma Business Park, within one-quarter mile of the Project Site. However, a minimum 6-foot CMU block wall separates the Project Site from the private school facility. No other public or private schools are located within one- quarter mile of the Project Site. The proposed seasonal water park uses would not create a significant hazard to the public through the routine transport, use or disposal of hazardous materials; release hazardous materials into the environment; or emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. The Project Site is not in the vicinity of an airport or within the jurisdiction of an Airport Land Use Plan. The ACSP area, including the Project Site, is already developed and no significant roadway changes would occur that would adversely affect any emergency response or evacuation plans. Anaheim Fire and Rescue (AF&R) will review the Proposed Project to assess for adequate access for emergency vehicles. The Project Site and its surrounding area are in an urbanized setting, and no undeveloped wildland areas are adjacent to the Project Site. The Proposed Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. Therefore, no new impacts associated with hazards and hazardous materials would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 64 | Page 4.10. HYDROLOGY AND WATER QUALITY Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surface, in a manner which would: i) result in substantial erosion or siltation on- or off-site? ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? iv) impede or redirect flood flows? d) In flood or hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 65 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-e): Impacts Analyzed in EIR No. 348 EIR No. 348 analyzed the hydrology and water quality impacts associated with the implementation of the ACSP (Section 5.7). All impacts were determined to be less than significant, with no mitigation measures required. EIR No. 348 evaluated the potential for implementation of the ACSP to impact hydrology and water quality conditions, including impacts to groundwater, drainage patterns, and runoff. EIR No. 348 also analyzed the potential for flooding, seiche, tsunami or mudflow onsite. According to EIR No. 348, development in the ACSP area and the change in land uses could result in an increase in impervious surfaces. This could result in an increase in storm water runoff, higher peak discharges to drainage channels, the potential to cause erosion or sedimentation in drainage swales and streams and reduce groundwater recharge. The County of Orange and City of Anaheim require as a standard condition of approval that all new development, or significant redevelopment projects, complete drainage and hydrology analysis to ensure that on-site and off-site drainage facilities can accommodate increased storm water flows. EIR No. 348 identified that water demand from maximum build out in the ACSP area would not deplete groundwater resources. Implementation of the ACSP Project would result in short-term construction- related and long-term operational water quality impacts. However, implementation of mitigation measures and compliance with the standard requirements, including obtaining a National Pollutant Discharge Elimination System (NPDES) permit and preparing a SWPPP reduces these impacts. As identified in EIR No. 348, implementation of the ACSP would not increase the potential flooding compared to the existing conditions. Implementation of the ACSP would not expose people or structures to a significant risk of loss, injury, or death in the case of dam failure, or result in inundation by seiche, tsunami, or mudflow. Impacts Associated with the Proposed Project (a-e) No New Impacts. The Proposed Project would involve the use of a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). The operation of the seasonal water park would occur in the months of April through October. No demolition or construction of permanent buildings would occur as a part of the Proposed Project. The Proposed Project would occur on a site currently developed with the Miraloma Recharge Basin operated by the OCWD. The Project Site is located within Flood Zone X according to the Federal Emergency Management Agency’s (FEMA) Flood Map Service. According to FEMA and the City of Anaheim’s Floodplain Areas map (2014), the area of Zone X encompassing the Project Site maintains a reduced flood risk due to levees. The Proposed Project would not result in increased rates of surface runoff or impede flood flows in a way that would result in flooding on or off site. The Proposed Project would maintain the existing Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 66 | Page drainage patter for the Project Site, which results in all surface runoff being retained on-site in the basin itself. As a part of the lease agreement between the Applicant and OCWD, the Applicant is required to maintain water quality of the Basin to ensure that the Proposed Project does not pollute, contaminate, or otherwise adversely impact water quality, and ensure testing complies with any Orange County Environmental Health requirements and recommendations (OCWD Lease Agreement, Section 24118 and 2432). Additionally, the Proposed Project would require approval from the State Water Quality Control Board and the Santa Ana Regional Water Quality Control Board. The Applicant would post signs adjacent to the shower/rinse station prohibiting soap, shampoo, and conditioner from being used (Figure 9). The shower runoff water would percolate naturally through the sand below the shower platform. Dilution within the basin occurs at an infiltration/resupply rate of 46 cubic feet per second (cfs)3. This refresh rate results in approximately 82,800 cubic feet (620,000 gallons) of water turnover and would aid in diluting impurities resulting from human excrement and vomit. The average time of water in the basin is typically one-half day to one full day. Presence of residual chloramine and hydrogen peroxide from the OCWD treatment train that processes reclaimed water would also be effective in offsetting potential microbial loading due to the proposed use. The subsequent soil-aquifer treatment process and required underground retention time would also offset potential increases in microbial loading. UV exposure, the basin schmutzdecke, the soil aquifer-treatment during infiltration, and the retention time within the aquifer, would control topical consumer products associated with operations of the Proposed Project (e.g., sunscreen) that may potentially percolate within the basin. No new potential impacts to water quality would occur. The proposed parking lot improvements, which include temporary wheel stops and gypsum chalk striping, would not impact the drainage on the Project Site. The Applicant proposes to place the temporary wheel stops at approximately 60-degree angles to the basin. The positioning of the wheel stops would not create a physical barrier and would maintain openings between wheel stops (Figure 4). During the off-season, the operator would remove the temporary wheel stops and return the site to its original site conditions. The parking area would not be located within the basin proper and would not impact the percolation or percolation rate of GRSW. To ensure parking lot runoff would not impact water quality, the Proposed Project includes the placement of straw wattles directly north of the parking area boundary to maintain the current erosion run-off plan standards. The project operation would also involve a spill management plan, in the event of an accidental spill on-site, to maintain water quality. No erosion, siltation, or flooding on or off-site would occur because of the Proposed Project. The Proposed Project does not include the construction of any residences or permanent structures for habitation. The Proposed Project would not result in substantial changes or major revisions to the information previously analyzed in EIR No. 348, and therefore, no new impacts associated with hydrology and water quality would occur. 3 based on a rate of 9.45 billion gallons per year as quoted in an OCWD brochure published in May of 2018; 9.45 billion gallons per year converts to a little over 40 cubic feet per second. More recent analyses by OCWD reveal an infiltration rate of 46 cfs. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 67 | Page Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 68 | Page 4.11. LAND USE/PLANNING Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Physically divide an established community? b) Cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the land use impacts associated with the implementation of the ACSP (Section 5.8). All impacts were determined to be less than significant, with no mitigation measures required. EIR No. 348 evaluated the potential for implementation of the ACSP to physically divide an established community; conflict with any applicable land use plan, policy, or regulation with jurisdiction over the Project; or conflict with any habitat conservation plan or natural community conservation plan. EIR No. 348 identified that no established community would be divided as a result of implementation of the ACSP, and no significant impact is anticipated. The EIR concluded that implementation of the ACSP would not conflict with applicable plans adopted for the purpose of avoiding or mitigating an environmental effect. EIR No. 348 provided a consistency analysis with all relevant goals and policies identified in the City of Anaheim General Plan, Southern California Association of Governments (SCAG’s) 2008 Regional Comprehensive Plan and SCAG’s 2012 Regional Transportation Plan/Sustainable Communities Strategy. Impacts would be less than significant, and no mitigation would be required. Impacts Associated with the Proposed Project (a-b) No New Impacts. The Proposed Project would occur on a site currently developed with the Miraloma Recharge Basin operated by the OCWD. The surrounding uses are primarily industrial and open space/water uses. The Proposed Project would not divide an established community and would be seasonal. Operation of the Proposed Project would occur April through October and nonoperation November through March, with associated project improvements removed from the site during this Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 69 | Page time. The Code classifies the Proposed Project as a “Recreation-Swimming & Tennis” and/or “Recreation-Commercial Outdoor” types of use, which are conditionally permitted uses within the DA-6 zone of Open Space/Water per Table 120-B – Primary Uses by Development Area: Non-Residential Use Classes of Chapter 18.120 of the Anaheim Municipal Code. Chapter 18.120 includes the development standards for the ACSP. Chapter 2 - Key Findings and Opportunities of the ACSP details major land use opportunities for the specific plan area, including the specific direction of “[c]oordinat[ing] and cooperat[ing] with the Orange County Water District (OCWD) to identify dual or multi-use opportunities (such as recreation and enhanced stormwater capture/treatment) in groundwater recharge basins…” (p. 22). The Proposed Project is consistent with the governing zoning ordinance for the implementation of the ACSP and goals of the ACSP itself. EIR no. 348 states the ACSP is not part of any habitat conservation plan. The Project Site is an urbanized and built-up site. Therefore, no new impacts associated with Land Use/Planning would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 70 | Page 4.12. MINERAL RESOURCES Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the mineral resources impacts associated with the implementation of the ACSP (Section 5.9). Impacts were determined to be less than significant with no mitigation measures required. EIR No. 348 evaluated the potential for the ACSP to impact the mineral resources in a local and regional context. EIR No. 348 identified that almost the entire ACSP area is within Mineral Resource Zone (MRZ)- 2, where current information indicates that significant mineral deposits are present or there is a high likelihood of their presence. The ACSP area contains Richfield Oil Field; Olive Oil Field; and a number of quarry, sand, gravel, or clay pit and oil and gas wells. However, the regionally significant sectors contain urban uses such as industrial, commercial, and office; and, surrounded by urban development. (EIR No. 348, p. 5.9-5) The review of historical aerial photographs and database search results indicated that the ACSP area, including the Project Site, does not include historic or present-day for mining operations other than for aggregate materials in the former quarries. As shown in Figure 5.9-1 of EIR No. 348, Mineral Resource Map, the ACSP has three sectors identified as containing mineral resources of regional significance: • Sector D: aggregate-sand and gravel deposits, located between Orangethorpe Avenue and La Palma Avenue. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 71 | Page • Sector E: aggregate-sand and gravel deposits, located at the southwest corner of the intersection of Miraloma Avenue and North Lakeview Avenue. • Sector F: aggregate-sand and gravel deposits, located in the Warner Basin near the intersection of La Palma Avenue and Tustin Avenue. (EIR No. 348, p. 5.9-5) Impacts Associated with the Proposed Project (a-b) No New Impacts. The Project Site is within Mineral Resource Zone (MRZ)-2. Figure 5.9-1 of EIR No. 348, Mineral Resource Map, does not include the Project Site as an area of containing mineral resources of regional significance. The existing quarry, sand, gravel, or clay pits in the ACSP area do not exist on the Project Site and displacement of these uses would not occur because of the Proposed Project. Therefore, no new impacts associated with mineral resources would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 72 | Page 4.13. NOISE Would the Project result in: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or groundborne noise levels? c) For a Project located within the vicinity of a private airstrip or an airport land use plan (Los Alamitos Armed Forces Reserve Center or Fullerton Municipal Airport), would the Project expose people residing or working in the Project Site to excessive noise levels? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 73 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable N-1: Ongoing during grading, demolition, and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: • Construction activity is limited to the daytime hours between 7 AM to 7 PM, as prescribed in the City’s Municipal Code. • All internal combustion engines on construction equipment and trucks are fitted with properly maintained mufflers. • Stationary equipment such as generators, air compressors shall be located as far as feasible from nearby noise- sensitive uses. • Stockpiling is located as far as feasible from nearby noise- sensitive receptors • Construction traffic shall be limited to the haul routes established by the City of Anaheim. Mitigation Measure is not applicable. The Proposed Project would not involve the demolition or construction of permanent buildings. The Applicant would install three water lines via hand trenching and no grading permit would be required. N-2: Prior to issuance of a building permit for any project requiring pile driving or blasting during construction, the property owner/developer shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. The maximum levels shall not exceed 0.2 inches/second, which is the level that can cause architectural damage for typical residential construction. If maximum levels would exceed these thresholds, alternative uses such static rollers, non-explosive blasting, and drilling piles as opposed to pile driving shall be used. Mitigation Measure is not applicable. The Proposed Project would not involve the demolition or construction of permanent buildings. The Applicant would install three via hand trenching and no grading permit would be required. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 74 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable N-3: Prior to issuance of building permits, if new vibration- sensitive land uses are located within 200 feet of any railroad line, the property owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. Mixed use buildings shall be designed to eliminate vibration amplifications due to resonances of floors, walls, and ceilings. The detailed analysis shall be submitted to the Planning Department prior to issuance of building permits and shall show that the vibration levels would be below 72 VdB, which is Federal Transit Administration’s nighttime criteria to regulate vibration impacts to affected residential uses. Mitigation Measure is not applicable. The Project Site is not located within 200-feet of any railroad line. The nearest railroad is located over 1,500-feet to the north of the Project Site. N-4: Prior to issuance of building permits for projects involving development of new industrial uses within 200 feet of any existing residential use or Development Area 3, the property owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by industrial activities. The detailed analysis shall be submitted to the Planning Department showing that the vibration levels to any nearby residential use would be below 78 VdB during the daytime (7 AM to 10 PM) and 72 VdB during the nighttime (10 PM to 7 AM), which is the Federal Transit Administration’s nighttime criteria to regulate vibration impacts to affected residential uses. Mitigation Measure is not applicable. The Proposed Project would not involve construction of any industrial uses or structures within 200-feet of any existing residential uses or in Development Area 3. While a sensitive receptor is located within 200-feet of the Project Site, the AMC does not consider the proposed use an industrial use, per Section 18.36.040 of the AMC. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 75 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable N-5: Prior to issuance of a building permit, the property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development would be sound attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, etc.), and railroad, to meet City interior standards as follows: a) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). b) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from train horns such that interior single-event noise levels are below 81 dBA Lmax. The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. Mitigation Measure is not applicable. No permanent or habitable structures are involved in the Proposed Project that would be required to meet City interior standards. Narrative Summary (a-c): Impacts Analyzed in EIR No. 348 Significant and Unavoidable Impacts. EIR No. 348 analyzed the noise impacts associated with the implementation of the ACSP (Section 5.10). EIR No. 348 concluded that after mitigation, impacts would still be significant and unavoidable with respect to temporary construction noise increases. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. After mitigation, impacts would be less than significant with respect to exposing sensitive receptors to strong levels of groundborne vibration and transportation-related noise sources. Impacts would be less than significant, with no mitigation measures required, with respect to all other issue areas. EIR No. 348 evaluated the potential noise and vibration impacts associated with buildout of the ACSP. EIR No. 348 determined that construction activities associated with the ACSP would result in temporary noise increases in the vicinity of the ACSP Area, including the Project Site, and have the potential to significantly impact noise-sensitive receptors. Vibration impacts associated with the ACSP may also occur from construction equipment associated with development. The EIR also concluded that buildout of the individual land uses and Projects for implementation of the ACSP, including the Proposed Project, would expose sensitive uses to strong levels of groundborne vibration in areas adjacent to the railroad line, including additional residential units in the vicinity of the Anaheim Canyon Metrolink Station. Implementation of the ACSP could also expose future residential Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 76 | Page uses within the ACSP area to potential noise impacts from traffic and rail activity. Although compliance with Policies 3 to 7 from Goal 1.1 of the General Plan Noise Element would encourage proper site planning to reduce potential noise impacts from transportation sources to noise- sensitive receptors, there is no guarantee that all receptors would comply with the applicable exterior and interior noise standards; EIR No. 348 identified mitigation measures to reduce these potential impacts. EIR No. 348 concluded that implementation of the ACSP could expose noise-sensitive uses to elevated noise levels from stationary sources. However, noise generated by residential or commercial uses as part of the implementation of the ACSP is generally short and intermittent, and these uses are not a substantial source of noise. Through compliance with the City’s Noise Ordinance, stationary-source noise from these types of proposed land uses would not substantially increase the noise environment. EIR No. 348 identified that the closest airport from the edges of the ACSP boundaries is the Fullerton Municipal Airport, approximately 5.5 miles to the northwest. The Kaiser Permanente Anaheim Medical Center Heliport is located within the ACSP boundaries. However, the operation of this heliport would be sporadic and will not generate substantial amounts of noise. Impacts would be less than significant, and no mitigation would be required. Impacts Associated with the Proposed Project (a-c) No New Impacts. The Proposed Project would not involve demolition or construction of permanent buildings on-site. Manual installation of the temporary seasonal improvements would occur, and the Proposed Project would not require any heavy machinery or off-road vehicles for its construction or operations. The proposed use is a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). Noise and groundborne vibrations as a part of demolition, construction and ground disturbing activities would not occur under the Proposed Project; therefore, no construction related impacts would occur. The Project Site is in the Miraloma Recharge Basin and is not located directly adjacent to any sensitive receptors. EIR No. 348 defines sensitive receptors under Section 5.10.1.2 as including residence, schools, hospital facilities, houses of worship, and open space/recreation areas (p. 5.10-16). The nearest sensitive receptors to the Project Site are the residence located across the Carbon Creek Channel approximately 100-feet to the west, fronting Miraloma Avenue, and the Eastside Christian Church located approximately 350-feet to the south, across Miraloma Avenue. Construction sources of noise would include the installation of approximately 40 linear feet of a potable water line in the southwest corner of the Project Site, by the City’s Public Utilities Department (Figure 5). This line would require hand trenching in the area for placement of the water line and would connect to an existing water line in East Miraloma Avenue. The Proposed Project would also include installation of a half-inch water line to be installed on the ground surface inside the perimeter wall, similar to an irrigation line, in order to periodically water the DG parking area for fugitive dust control. The Applicant would hand trench this line approximately two inches below the western driveway. In addition, the Proposed Project would include installation of a ¾” water line to supply the Monsoon attraction water spray feature on the floating recreational equipment. The three proposed water lines would be hand trenched. Installation of the temporary equipment would involve unloading of two storage containers and one small trailer, delivered via on-road trucks. The inflatable water structure is modular and Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 77 | Page designed to be stored in sections that can be unloaded and installed by hand and does not require the use of any off-road equipment. The operator would inflate the inflatable water structure once per season by an electrical air pump; therefore, it would not be in continuous operation through the water park season. AMC Section 6.70.010 establishes an exemption for any construction within City limits during the hours of 7am to 7pm. Therefore, potential construction noise impacts would be less than significant. Anticipated sources of noise for the use would be mostly operational in nature and involve noise associated with non-motorized water recreation, such as swimming, kayaking, and paddle boarding. Seasonal mobile units for the aqua park’s facilities (restrooms, life vest rentals, pro-shop) would connect to the City electrical system via an existing on-site connection. Other additional operational noise sources would include human voices, walkie-talkie radios for communication among staff, ambient noise from vehicles, amplified music playing within the pro-shop, and a handheld bullhorn for emergency purposes. Equipment use on site during the operation of the Proposed Project would include a tankless water heater for the shower area, which would connect to the existing electrical infrastructure on the Project Site. Speed limit signs placed within the parking area would limit the speed of on-site vehicles. An existing CMU wall wholly encloses the Project Site with the exception of the driveway access. The CMU wall would vary in height between 6-feet and 8-feet and would attenuate noise from the proposed use and limit noise impacts to the sensitive receptors in the vicinity, including the single-family residence located approximately 100-feet to the west. AMC Section 6.72.070.020 allows for sound-amplifying equipment when the operator uses it so that only occupants of the premises in which the devices are located can hear the sound. The operator would play music from the pro-shop at ambient background levels for patrons entering and leaving the proposed use. EIR No. 348’s ambient noise survey conducted for the specific plan area determined the major source of noise in the specific plan area is from mobile sources, most specifically from “traffic traveling through the City on its various roadways and freeways” (p. 5.10-13). The Project Site is located directly adjacent Miraloma Avenue between Miller Street and Kramer Boulevard, which measured at 67 dBA according to EIR No. 348, Table 5.10-5 – Existing Conditions Traffic Noise Levels. EIR No. 348 states under implementation of the ACSP, the noise conditions for this portion of Miraloma Avenue would increase by 2.1 dBA (to 69.1 dBA) and result in a less than significant impact due to noise. Vehicle traffic associated with the Proposed Project would include patron vehicles which would enter and exit the site at the two existing access points. The Trip Generation and Queuing analysis (Appendix C) determined that the Proposed Project would generate 40 new trips during the Saturday peak-hour and 34 trips during the Sunday peak-hour, and weekday trip generation rates would be 18- to 39-percent lower than the weekend trip rates. Additional vehicles onsite would include food trucks which would be located at the southwest corner in the designated food truck staging area (Figure 3) and service vehicles for the disposal of waste associated with the temporary restrooms and trash receptacles. Service vehicles would only be onsite temporarily for their respective waste pick up resulting in ephemeral potential noise impacts. The ambient noise levels from Miraloma Avenue coupled with the existing onsite attenuation from the CMU wall and low trip generation rates associated with the Proposed Project would result in no new noise impacts from the Proposed Project. The Proposed Project would not result in substantial changes or major revisions to the information previously analyzed in EIR No. 348; therefore, no new impacts associated with noise would occur. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 78 | Page Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 79 | Page 4.14. POPULATION AND HOUSING Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the population and housing impacts associated with the implementation of the ACSP (Section 5.11). All impacts were determined to be less than significant with no mitigation measures required. EIR No. 348 evaluated the socioeconomic effects of implementation of the ACSP to determine if implementation of the ACSP would induce substantial population growth and/or displace substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere. EIR No. 348 concluded that the ACSP would directly result in population growth in the ACSP area; however, impacts associated with the population growth would be less than significant. Impacts Associated with the Proposed Project (a-b) No New Impacts. No establishment of new residence or roadway improvements would occur that might induce permanent population growth. The proposed business (the Aqua Park) on the Project Site would create approximately 20-25 temporary seasonal jobs through the employment opportunities offered, which include, but are not limited to, lifeguards, administrative and customer service staff. The Project Site’s proximity to the Pacific Ocean (approximately 16-miles) and immediate vicinity to coastal cities provides viable employment opportunities for lifeguards within the Orange County area. The addition of the seasonal lifeguard and administrative and customer service positions is not significant enough to Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 80 | Page require new residential development. The Project Site is in the Miraloma Recharge Basin and does not consist of any residential units. The Proposed Project would not remove or demolish any existing housing or informal residences. Therefore, no new impacts associated with population displacement and housing would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, which was not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 81 | Page 4.15. PUBLIC SERVICES a) Would the Project result in substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact Fire protection? Police protection? Schools? Parks? Other public facilities? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the impacts on public services associated with the implementation of the ACSP (Section 5.12). All impacts were determined to be less than significant with no mitigation measures required. EIR No. 348 evaluated whether implementation of the ACSP would result in substantial adverse physical impacts associated with the provisions of new or physically altered governmental facilities or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, park or other public facilities servicing the ACSP area. EIR No. 348 concluded that buildout of the ACSP would result in additional structures and population in the Anaheim Fire and Rescue service boundaries, thereby increasing the demands for fire protection facilities and personnel. However, compliance with the applicable fire and building codes and the increase tax revenues from the ACSP would ensure that implementation of ACSP would not result in Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 82 | Page significant impact to fire protection services. EIR No. 348 determined that implementation of the ACSP would introduce new structures and population into the Anaheim Police Department service boundaries, thereby increasing the requirement for police protection facilities. However, EIR No. 348 anticipated that an increase in tax revenues, over an extended period, relative to the increase in development intensity would mitigate impacts to police services. EIR No. 348 determined that implementation of the ACSP would generate new students and create additional school facilities demands. However, the payment of development fees would mitigate impacts to less than significant. EIR No. 348 determined that implementation of the ACSP would further exacerbate impacts to library services. However, EIR No. 348 anticipated that an increase in tax revenue, over an extended period, relative to the increase in development intensity would mitigate these impacts. Impacts Associated with the Proposed Project (a) No New Impacts. The Proposed Project would involve the use of a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). The operation of the seasonal water park would occur in the months of April through October. No demolition, construction, or mass grading activities would occur as a part of this project. The Proposed Project includes operational features to reduce impacts on police and fire services. A CMU block wall surrounds the Project Site, with varying heights between 6-feet and 8-feet. Two 8-foot sliding security gates exist at the two driveway access points to the Project Site, the Applicant and/or the Property Owner would keep these gates closed during hours of nonoperation. This would provide security for the seasonal improvements. The Proposed Project would be subject to the Orange County Health Care Agency’s approval for the recreation (swimming) use. On May 7, 2020, the Applicant received approval by the Orange County Health Care Agency for the Proposed Project. This includes the installation of security and safety signage for the proposed use, as detailed in Figure 9 – Sign Details. The proposed signage includes “No Diving” in tandem with signs detailing water depths, as well as emergency signage located at the north and east facing beaches and entry to the entire beach areas. These signs provide safety information which would inform patrons of the safety rules to prevent potentially harmful situations from occurring. The Proposed Project would also include operational safety measures, such as lifeguards on duty at a ratio of 1 per 30 occupants, and safety vest requirements. Lifeguards would be required to maintain current certification by the American Red Cross and/or the YMCA and be versed in the park’s Emergency Action Plan (EAP) (Appendix B - AAAP Lifeguard Safety Plan). All lifeguards would be equipped with rescue buoy, whistle, handheld two-way radio, rescue paddle boards, and a first-aid kit. The lifeguards would administer emergency aid in event of an emergency and call emergency services, if needed. Through both preventative measures such as safety signage and lifejacket requirements, and the onsite staffing of certified lifeguards, no new impacts to fire and police services would occur. The Proposed Project would not result in substantial changes or major revisions to the information previously analyzed in EIR No. 348 and no new impacts would occur to police and fire protection services. The Proposed Project would not impact other public services, such as schools, parks, and libraries because it is a recreation use, which would not result in additional residents. The proposed use would Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 83 | Page intend for patrons visiting the seasonal water park to stay for a majority of their day during the operating hours, acting as the primary attraction for visitors and thus limiting the frequenting of the other public services. Therefore, no new impacts associated with these public services would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 84 | Page 4.16. RECREATION Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 Less Than Significant Impacts. EIR No. 348 analyzed the impacts on parks and recreational services associated with the implementation of the ACSP (Section 5.13). Impacts were determined to be less than significant with no mitigation measures required. EIR No. 348 evaluated whether implementation of the ACSP would result in the increased use of existing neighborhood and regional parks or other recreational facilities such that implementation of the ACSP would substantially accelerate the physically deterioration these facilities. EIR No. 348 also evaluated whether implementation of the ACSP would result in the provision of recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. EIR No. 348 determined that implementation of the ACSP would increase demands on existing parks and recreational facilities but would not result in adverse physical environmental impacts. The additional residents and employees in the City would create the need for additional passive and active recreational amenities and accelerate the normal wear and tear on existing park facilities. Although the ACSP area does not contain any city or regional parks, there are a number of groundwater recharge basins owned by OCWD, which the ACSP as DA-6 Open Space/Water Area. In addition to the groundwater recharge activities, implementation of the ACSP would encourage the creation of bicycle Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 85 | Page and pedestrian trials that link Anaheim Canyon to surrounding neighborhoods and the Santa Ana River Trail system. The ACSP has also identified other potential open space improvements. Provision of open space in the ACSP would not result in adverse physical impact to the environment and with on-going coordination with OCWD to provide more open space and improve connectivity with the trail system; impacts associated with recreation would be less than significant level. Impacts Associated with the Proposed Project (a-b) No New Impacts. The Proposed Project would occur on a site currently developed with the Miraloma Recharge Basin operated by the OCWD. The Proposed Project would not result in increased use of existing recreational facilities as the proposed use would be a seasonal recreational use, operating April through October and nonoperational and not located onsite from November through March. The Proposed Project is classified as “Recreation-Swimming & Tennis” and/or “Recreation-Commercial Outdoor” types of use, which are conditionally permitted uses within DA-6 per Table 120-B – Primary Uses by Development Area: Non-Residential Use Classes of Chapter 18.120 of the Anaheim Municipal Code. Chapter 18.120 includes the development standards for the ACSP. Chapter 2 - Key Findings and Opportunities of the ACSP details major land use opportunities for the specific plan area, including the specific direction of “[c]oordinat[ing] and cooperat[ing] with the Orange County Water District (OCWD) to identify dual or multi-use opportunities (such as recreation and enhanced stormwater capture/treatment) in groundwater recharge basins…” (p. 22). However, the Proposed Project would not include any demolition, construction, or mass grading for permanent buildings and would be seasonal. All proposed land and water-side improvements would be temporary and not result in any significant impacts to the environment. Therefore, no new impacts associated with recreation would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 86 | Page 4.17. TRANSPORTATION Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3 subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses? d) Result in inadequate emergency access? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 87 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable T-1: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees’ commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-2: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-3: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 88 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-4: Prior to issuance of the first building permit for each building, the property owner/developer shall pay all applicable transportation impact fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. Mitigation Measure is not applicable. Applicant transportation fees associated with regulatory requirements would be paid during the building plan check process. T-5: Prior to issuance of building permits for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner/developer shall submit to the City Traffic and Transportation Manager traffic improvement phasing analyses to identify when the improvements identified in the Anaheim Canyon Specific Plan EIR Traffic Impact Study, Iteris, September 2014 (Appendix G of the Draft EIR) shall be designed and constructed. a) The traffic improvement phasing analyses will specify the timing, funding, construction and fair-share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions, as defined by the City’s General Plan, based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. b) The property owner/developer shall construct, bond for, or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager. At minimum, fair-share calculations shall include intersection improvements, rights-of-way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. Mitigation Measure is not applicable. Expected maximum peak-hour trips is 40. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 89 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-6: Prior to first final building and zoning inspection, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer shall implement traffic improvements to maintain satisfactory levels of services, as identified in the project traffic improvement phasing analysis. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings and would not require traffic improvements. T-7: Prior to issuance of building permits, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer and the City of Anaheim shall take the following actions in cooperation with the Cities of Orange, Fullerton and Placentia: a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the Cities of Orange, Fullerton, or Placentia. b) The traffic improvement phasing analysis shall calculate the fair- share percentage responsibility for mitigating these impacts. c) The City of Anaheim shall estimate the cost of the project’s fair- share responsibility in cooperation with the Cities of Orange, Fullerton, and Placentia. d) The property owner/developer shall pay the City of Anaheim the fair-share cost prior to issuance of a building permit. e) The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair-share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 90 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-8: Prior to issuance of building permits, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer and the City of Anaheim shall take the following actions in cooperation with Caltrans: a) The traffic improvement phasing analysis shall identify the project’s proportionate impact on the specific freeway mainline and/or freeway ramp locations. b) The traffic improvement phasing analysis shall determine the property owner/developer’s fair-share percentage responsibility for mitigating project impacts based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. c) The traffic improvement phasing analysis shall determine if a regional transportation agency has programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations d) The City of Anaheim shall estimate the cost of the project’s fair- share responsibility in cooperation with Caltrans. e) The property owner/developer shall pay the City of Anaheim the identified fair-share responsibility as determined above. f) The City shall allocate the property owners/developers fair-share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City of Anaheim. g) Future traffic improvement phasing analyses for Caltrans facilities shall utilize the latest adopted HCM methodology. In addition, proposed intersection modifications within Caltrans right-of-way shall be consistent with Caltrans Traffic Operations Policy Directive 13-02: Intersection Control Evaluation (ICE) Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 91 | Page Narrative Summary (a-d): Impacts Analyzed in EIR No. 348 Significant and Unavoidable Impacts. EIR No. 348 analyzed the transportation and traffic impacts associated with the implementation of the ACSP (Section 5.14). EIR No. 348 concluded that after mitigation, significant and unavoidable impacts would still occur with respect to freeway facilities as well as intersection peak hour impacts and roadway segment impacts under Existing 2013 Plus Project and Forecast Year 2040 General Plan Buildout Plus Project (5.14-1, -2, and -3). Transportation impacts 5.14-4 through 5.14-7 would be less than significant with no mitigation measures required. Due to right-of-way constraints, many identified improvements are not feasible. Therefore, potential impacts would remain significant and unavoidable. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. EIR No. 348 determined that implementation of the ACSP would result in potentially significant traffic impacts to freeway facilities for Existing 2013 Plus Project scenario AM and PM peak hour levels of service. Out of the 11 study locations, EIR No. 348 only projected one location to have a worse LOS than the existing condition; however, the off-ramp is under the jurisdiction of Caltrans. Therefore, the City of Anaheim cannot guarantee the implementation of this improvement and it may not be feasible. Therefore, potential impacts would remain significant and unavoidable. The Anaheim City Council adopted a Statement of Overriding Considerations with regard to this potential impact. Impacts Associated with the Proposed Project (a-d) MMRP No. 312 MM T-5 requires all projects forecast to generate 100 or more peak-hour trips to prepare a traffic improvement phasing analysis to identify when the improvements identified in the EIR No. 348 Traffic Impact Study shall be designed and constructed as determined by the City’s Traffic and Transportation Manager (Appendix G of EIR No. 348). A Trip Generation and Queuing analysis (Appendix C – Trip Generation and Queuing for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, September 2020) and a VMT assessment memo (Appendix D – VMT Assessment for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, October 2020) were prepared for the Proposed Project to identify any potential traffic and circulation impacts associated with the Proposed Project. The Trip Generation and Queuing analysis determined that the Proposed Project would generate 9 trips during the weekday AM peak hour, 29 trips during the weekday PM peak hour, 40 trips during the Saturday peak-hour and 34 trips during the Sunday peak-hour as shown in Table 2 – Weekend Trip Generation Summary and Table 3 – Weekday Trip Generation Summary. Therefore, a traffic improvement phasing analysis is not required for the Proposed Project. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 92 | Page Table 2 – Weekend Trip Generation Summary Trip Generation Rates1 Land Use Saturday Peak Sunday Peak Rate In:Out Ratio Rate In:Out Ratio Water Slide Park 0.39 0.13 : 0.87 0.33 0.21 : 0.79 Trip Generation Calculations Land Use Amount Saturday Peak Sunday Peak In Out Total In Out Total Adventure Aqua Park 101 Parking Spaces 6 34 40 8 26 34 Table 3 – Weekday Trip Generation Summary Trip Generation Rates1 Land Use AM Peak PM Peak Rate In:Out Ratio Rate In:Out Ratio Water Slide Park 0.08 0.70:0.30 .28 0.21 : 0.79 Trip Generation Calculations Land Use Amount AM Peak PM Peak In Out Total In Out Total Adventure Aqua Park 101 Parking Spaces 7 2 9 7 22 29 1 The trip rates for the project’s land uses are based on Land Use Code 482 contained in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition Mizuta Traffic Consulting prepared a VMT assessment (Appendix D) for the Proposed Project, consistent with the City’s Traffic Impact Analysis Guidelines for CEQA – VMT. The VMT Assessment demonstrates that VMT generated by the Proposed Project falls within the amount analyzed for TAZ 2759 in the City’s traffic model as analyzed in the ACSP EIR; therefore, the Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project would not result in hazardous condition to air traffic patterns. The Project Site is not within any airport land use plan area, and the ACSP does not permit other aircraft landing areas, such as helipads, within the DA-6 area. The Proposed Project would not exceed the maximum height for the zone, which is 30-feet per Section 18.120.060 of the AMC. According to EIR No. 348, structures of 200-feet or more could pose hazards to air traffic circulation (p. 5.14-93). The Proposed Project’s inflatable obstacle course would be 26’-3” in height. The Proposed Project would not substantially increase hazards due to a design feature (sharp curves, etc.) or conflicting uses. The Proposed Project would include a 101-space parking lot on existing DG surface area within the Project Site, which would require review and approval of the proposed striping layout by the Anaheim Fire and Rescue (AF&R) for access. The proposed parking lot consists of a one-way, 18-foot drive aisle with 60-degree parking stalls on either side of the drive aisle. This parking space configuration meets the City’s Standard Detail 470 for angled parking4. The proposed layout includes a hammerhead turnaround at the western end of the proposed parking lot to allow safe maneuvering and turnaround for larger vehicles, such as sanitation 4 City of Anaheim. (2018). Minimum Off-Street Angled Parking. http://www.anaheim.net/DocumentCenter/View/8160/470---Minimum- Off-Street-Parking-Dimensions?bidId= accessed June 16, 2020 Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 93 | Page trucks. No impacts from hazardous design features or air traffic patterns would occur. The EIR No. 348 determined that implementation of the ACSP would not result in inadequate emergency access. Development would occur incrementally over a 20-year period and each individual development project with the ACSP and would be required to provide appropriate fire and emergency access, approved by the AF&R. The Project Site is the existing Miraloma Recharge Basin, which has improved vehicle access driveways at the western and eastern ends of the site’s frontage off Miraloma Avenue. Since the Proposed Project is seasonal/temporary in nature, no new grading, paving, or other ground disturbing activities would take place for access purposes. The Proposed Project includes existing vehicle access within the Project Site designed in accordance with the requirements of the City’s Public Works Department. The existing driveway width is approximately 26-feet wide, which is within the range of widths required by Public Works Standard Detail No. 115-B for arterial highway and commercial driveway approaches. The 26-foot driveways also exceed the 24-foot minimum width outlined in AFD’s specification and requirements for access to newly constructed commercial developments in order to provide fire access to open parking areas. Therefore, no potential impacts to emergency access would occur. EIR No. 348 determined that implementation of the ACSP would comply with adopted policies, plans, and programs for alternative transportation, including Orange County Transportation Authority’s (OCTA)’s Congestion Management Plan and the RTP/SCS. The Proposed Project would not result in substantial changes or major revisions to the information previously analyzed in EIR No. 348 and would comply with all adopted policies, plans and programs where applicable to the Proposed Project’s scope. No potential impacts would occur associated with conflict with applicable plans. Therefore, no new impacts associated with traffic and transportation would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 94 | Page 4.18. TRIBAL CULTURAL RESOURCES Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 95 | Page Narrative Summary (a-b): Impacts Analyzed in EIR No. 348 In December 2018, the Natural Resources Agency revised Appendix G of the CEQA Guidelines to include a checklist item relating to a project’s impacts relating to Tribal Cultural Resources. Appendix G of the CEQA Guidelines now includes a checklist item that provides the following question (as shown in the Table above): Tribal Cultural Resources. Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? The City certified EIR No. 348 in 2016, two years before the above checklist item was added to the CEQA Guidelines. California courts have held that where a new guideline or threshold is adopted after the certification of an EIR, an Addendum to the EIR need not include additional environmental analysis relating to that guideline or threshold where the potential environmental impact at issue in the new guideline or threshold was known or could have been known at the time the EIR was certified (Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal.App.4th 788, 806 [even though CEQA Guidelines were amended on March 18, 2010 to address greenhouse gas emissions, lead agency’s 2010 Addendum to a 1997 EIR did not require analysis of greenhouse gas emissions because “information about the potential environmental impact of greenhouse gas emissions was known or could have been know at the time the 1997 EIR and the 2003 SEIR for the [project] were certified”]; Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, 1319-1320 [“the adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified”]; see also Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515, 532.) Impacts Associated with the Proposed Project (a-b) and Conclusion The City, as the Lead Agency knew or could have known the impacts at issue in the above-referenced threshold (i.e., the potential environmental impacts on Tribal Cultural Resources) when EIR No. 348 was certified in 2016. EIR No. 348 explicitly discusses analysis of cultural resources, including historic, archaeological, paleontological resources under Sections 4.3.4 - Cultural Resources and Table 8-1. Because the City know or could have known the potential cultural resource-related impacts at issue in the above checklist item when EIR No. 348 was certified in 2016, and because EIR No. 348 did not include the Tribal Cultural Resources environmental factor in its checklist, California law does not require these impacts to be analyzed in this Addendum. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 96 | Page 4.19. UTILITIES AND SERVICE SYSTEMS Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years? c) Result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project's Projected demand in addition to the provider's existing commitments? d) General solid waste in exceed of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with Federal, State, and local management reduction statutes and regulations related to solid waste? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 97 | Page EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable USS-1: Prior to the issuance of demolition, grading, or building permits, whichever occurs first, the property owner/developer shall submit plans to the City Engineer for review. The City Engineer shall review the location of each project to determine if it is an area served by potentially deficient sewer facilities, as identified in the latest updated sewer study for the ACSP. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall perform additional sewer analysis using flow, wet-weather data, and other information specific for the project to determine the surcharge levels for final design. The property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office, which could include additional related fees, construction of combination thereof. Mitigation Measure is not applicable. The Proposed Project would not involve any mass grading, demolition, or construction of permanent buildings on the Project Site. The Proposed Project would utilize temporary and mobile restroom facilities which would not connect to City services. USS-2: Prior to approval of sanitary sewer connections for each development project, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer surcharge in the public system for back-flowing into below-grade structure of the proposed development based upon the latest updated sewer study for the ACSP. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe, and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when the invert elevation of the sewer laterals are above the pipe crown. Mitigation Measure is not applicable. The Proposed Project would not involve any mass grading, demolition, or construction of permanent buildings. The Proposed Project would utilize temporary and mobile restroom facilities which would not connect to City services. The Proposed Project would include three (3) water lines installed via hand trenching by the Applicant. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 98 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable USS-3: Prior to the approval of any street improvement plans within the ACSP that encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or are making other improvements, the property owner/developer shall coordinate with OCSD to ensure that backflow prevention devices are installed at the lateral connections to prevent surcharge flow from entering private properties. Proof of such coordination, such as a latter form OCSD affirming review of proposed plans, shall be provided by the property/owner developer to the City prior to approval of the street improvement plans. Mitigation Measure is not applicable. The Proposed Project would not involve any mass grading, demolition, or construction of permanent buildings. The Proposed Project would include a new backflow preventer on the secondary water line next to the existing backflow preventer, per City Standard W-104. Narrative Summary (a-e): Impacts Analyzed in EIR No. 348 Less Than Significant Impact with Mitigation. EIR No. 348 analyzed the impacts to utilities and service systems associated with the implementation of the ACSP (Section 5.15). EIR No. 348 concluded that all impacts would be less than significant, with no mitigation measures required, with the exception of impacts on existing sewer facilities. However, with implementation of mitigation measures, impacts to sewer facilities would be less than significant. EIR No. 348 analyzed the following: potential for implementation of the ACSP to exceed wastewater treatment requirements; need for construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; and/or result in a determination by the wastewater treatment provider that it has inadequate capacity to serve the ACSP’s projected demand in addition to the provider's existing commitments. EIR No. 348 concluded that implementation of the ACSP would not result in exceedance of the treatment capacity at Orange County Sanitation treatment plant, requiring construction of new or expanded wastewater treatment facilities. However, the analysis projected that some of the City’s existing sewer collection facilities are inadequate to handle the projected increase in flow from implementation of the ACSP. As required by MM USS-1, individual projects require Project-specific analysis during final design to evaluate sewer capacities. EIR No. 348 determined that the City’s Public Utility provides adequate water facilities within the ACSP area and that it could serve the ACSP area with sufficient water supplies without procurement of additional water entitlements. The Water Supply Assessment for the ACSP evaluated the additional water demands based on buildout of the ACSP and determined that the City could provide sufficient and a reliable water supply for build-out of the ACSP. EIR No. 348 determined that existing solid waste facilities would be able to accommodate ACSP- generated solid waste and comply with related solid waste regulations. EIR No. 348 determined that there would be increased demand on electrical and natural gas; however, the potential impacts would occur incrementally no significant impacts would occur. Compliance with the California Building Codes related to energy efficiency and Chapter 10.16 of the AMC would aid in Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 99 | Page reducing impacts. Impacts Associated with the Proposed Project (a-e) No New Impacts. The Proposed Project would feature temporary land and water side improvements. The Proposed Project does not include the construction of any permanent buildings or pavement improvements. In addition, the Proposed Project would not include any additional DG for construction or operation of the Proposed Project. Land side improvements include temporary structures for a pro- shop, restrooms, and life-jacket disbursement structure. Water side improvements would include the floating obstacle course and buoy lines. Temporary ancillary site improvements proposed include parking area improvements, such as gypsum chalk striping and wheel stops, food truck staging area and incidental items such as water fountains, rinse area, shade structures, and three (3) water lines of varying sizes all to be hand trenched by the Applicant. Pursuant to the lease agreement between OCWD and the Applicant, all project improvements would be required to be cleared from the Project Site if the lease is terminated or when OCWD requires the site to be vacated for basin servicing. The proposed use is a seasonal water park with temporary/seasonal improvements that the Applicant would remove during the offseason (November through March). These improvements would not connect to any sewer service and the Applicant would contract with a portable restroom vendor to provide and service the temporary restroom daily, as needed. Neither the City nor the Applicant would need to create or enlarge wastewater or stormwater facilities because of the Proposed Project. The Applicant would be required to pay the Citywide Storm Drain Assessment Area Fee if required by the City’s Public Works Department. The Project Site is comprised primarily of pervious surfaces, with the proposed parking area, pro-shop, life jacket area, restrooms, and shower area consisting of DG. The Proposed Project would not include any additions of impervious surfaces to the Project Site resulting in drainage alterations that could lead to siltation runoff or impacts to existing storm drain systems. Since the Project Site is an existing infiltration basin, the existing drainage patterns retain runoff onsite. As shown in Figure 4, walls enclose the Project Site, and its topography involves higher elevation points at the property boundaries resulting in runoff draining into the existing basin. The Project Site accepts no offsite runoff and discharges no runoff to the storm drain system, public right-of-way, or downstream properties. The Proposed Project would not include any grading, demolition, or construction that would modify or impact existing drainage patterns and result in impacts to existing drainage infrastructure. An existing irrigation water line currently serves the Project Site; however, a 40-foot, 2-inch potable domestic water line located at the southwestern corner of the Project Site would be required as a part of the Proposed Project and installed by the City’s Public Utilities Department. The potable line would service the drinking fountains, shower/rinse area, and tankless water heater. Installation of a half-inch water line would occur across the interior drive aisle for watering to control fugitive dust and a ¾” water line would supply the Monsoon attraction water spray feature on the floating recreational equipment. Anticipated water use would be minimal, and the Applicant has paid the required fee for the secondary water line installation by the City. Solid waste receptacles would be located onsite and be required to meet the Chapter 10.10 - Waste Collection and Disposal of the City’s Municipal Code. The Proposed Project would not result in substantial changes or major revisions to the information previously analyzed in EIR No. 348; and therefore, would accommodate existing solid waste facilities. The Proposed Project would not require new facilities associated with electricity, natural gas, telephone, or television as the proposed use is a recreational, Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 100 | Page seasonal outdoor use. Therefore, no new impacts associated with utilities and service systems would occur. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 101 | Page 4.20. WILDFIRE Would the Project: Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water resources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post- fire slope instability, or drainage changes? EIR No. 348 Mitigation Measures EIR No. 348 Mitigation Measure Applicable/Not Applicable No EIR No. 348 Mitigation Measures were required. - Narrative Summary (a-d): Impacts Analyzed in EIR No. 348 In December 2018, the Natural Resources Agency revised Appendix G of the CEQA Guidelines to include a checklist item relating to a project’s impacts relating to Wildfire. Appendix G of the CEQA Guidelines now includes a checklist item that provides the following questions (as shown in the Table above): Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 102 | Page Wildfire. Would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water resources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? The City certified EIR No. 348 in 2016, two years before the above checklist item was added to the CEQA Guidelines. California courts have held that where a new guideline or threshold is adopted after the certification of an EIR, an Addendum to the EIR need not include additional environmental analysis relating to that guideline or threshold where the potential environmental impact at issue in the new guideline or threshold was known or could have been known at the time the EIR was certified (Citizens Against Airport Pollution v. City of San Jose (2014) 227 Cal.App.4th 788, 806 [even though CEQA Guidelines were amended on March 18, 2010 to address greenhouse gas emissions, lead agency’s 2010 Addendum to a 1997 EIR did not require analysis of greenhouse gas emissions because “information about the potential environmental impact of greenhouse gas emissions was known or could have been know at the time the 1997 EIR and the 2003 SEIR for the [project] were certified”]; Concerned Dublin Citizens v. City of Dublin (2013) 214 Cal.App.4th 1301, 1319-1320 [“the adoption of guidelines for analyzing and evaluating the significance of data does not constitute new information if the underlying information was otherwise known or should have been known at the time the EIR was certified”]; see also Citizens for Responsible Equitable Environmental Development v. City of San Diego (2011) 196 Cal.App.4th 515, 532.) Impacts Associated with the Proposed Project (a-d) and Conclusion The City, as the Lead Agency knew or could have known the impacts at issue in the above-referenced threshold (i.e., the potential environmental impacts of wildfire) when EIR No. 348 was certified in 2016. EIR No. 348 explicitly discusses analysis of impairment to the implementation of an emergency response plan or emergency evacuation plan and exposure of people or structures to wildland fires under Section 5.6 - Hazards and Hazardous Materials. Because the Lead Agency knew or could have known the potential wildfire-related impacts at issue in the above checklist item when the City Council certified EIR No. 348 in 2016, and because EIR No. 348 did not include the Wildfire environmental factor in its checklist, California law does not require the Addendum to analyze these impacts. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 103 | Page 4.21. MANDATORY FINDINGS OF SIGNIFICANCE Mandatory Findings of Significance Environmental Issues Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact Impacts Analyzed in EIR No. 348 No New Impact No Impact a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have Impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 104 | Page EIR No. 348 Mitigation Measures Air Quality EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-1: Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a note on plans indicating that ongoing during grading and construction, contractors will use equipment that meets the following United States Environmental Protection Agency (EPA)- Certified emissions standards: All off-road diesel-powered construction equipment greater than 50 horsepower shall meet the Tier 4 Final emission standards. Any emissions control device used by the contractor shall achieve emissions reductions that are no less than what could be achieved by a Level 4 diesel emissions control strategy for a similarly sized engine, as defined by CARB regulations. Mitigation Measure is not applicable. The Proposed Project would not include the use of heavy off- road machine equipment for the installation of the temporary structures and improvements on the Project Site. No construction or demolition of permanent buildings would occur. The Applicant would install the three (3) proposed water lines via hand trenching. AQ-2: Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall provide a list of all construction equipment proposed to be used on the Project Site. This list may be provided on the building plans. The construction equipment list shall state the makes, models, and numbers of the equipment; that the equipment shall be properly serviced and maintained in accordance with the manufacturer’s recommendations; and, that all nonessential idling of construction equipment is restricted to five minutes or less in compliance with California Air Resources Board’s Rule 2449. Mitigation Measure is not applicable. The Proposed Project would not include the use of heavy off- road machine equipment for the installation of the temporary structures and improvements on the Project Site. No construction equipment for the purposes of demolition or construction of permanent buildings would be a part of the Proposed Project. The Applicant would install the three (3) proposed water lines via hand trenching. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 105 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-3: Prior to issuance of grading, demolition or building plans, whichever occurs first, the property owner/developer shall submit a dust control plan that implements the following measures during ground-disturbing activities, in addition to the existing requirements for fugitive dust control under South Coast Air Quality Management District Rule 403, to further reduce PM10 and PM2.5 emissions: f) Following all grading activities, the construction contractor shall reestablish ground cover on the construction site through seeding and watering. g) During all construction activities, the construction contractor shall sweep streets with Rule 1186–compliant, PM10-efficient vacuum units on a daily basis if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. h) During all construction activities, the construction contractor shall maintain a minimum 24-inch freeboard on trucks hauling dirt, sand, soil, or other loose materials and tarp materials with a fabric cover or other cover that achieves the same amount of protection. i) During all construction activities, the construction contractor shall water exposed ground surfaces and disturbed areas a minimum of every three hours on the construction site and a minimum of three times per day. j) During all construction activities, the construction contractor shall limit onsite vehicle speeds on unpaved roads to no more than 15 miles per hour. The Building Division shall verify compliance during normal construction site inspections. Mitigation Measure is not applicable. The Proposed Project would not include the use of heavy off- road machine equipment for the installation of the temporary structures and improvements on the Project Site. No construction equipment for the purposes of demolition or construction of permanent buildings would be a part of the Proposed Project. The Applicant would install the three (3) proposed water lines via hand trenching. A half-inch water line, to be installed on the ground surface inside the perimeter wall, would periodically water the DG parking area for fugitive dust control. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 106 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-4: Prior to issuance of a building permit, the property owner/developer shall provide a note on plans indicating that: d) All coatings and solvents will have a volatile organic compound (VOC) content lower than required under Rule 1113 (i.e., super compliant paints). e) All architectural coatings shall be applied either by (1) using a high-volume, low pressure spray method operated at an air pressure between 0.1 and 10 pounds per square inch gauge to achieve a 65 percent application efficiency; or (2) manual application using a paintbrush, hand-roller, trowel, spatula, dauber, rag, or sponge, to achieve a 100 percent applicant efficiency. f) The construction contractor shall also use precoated/natural colored building materials, where feasible. The Building Division shall verify compliance during normal construction site inspections. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. No construction equipment for the purposes of demolition or construction of buildings would be a part of the Proposed Project. No material coatings for the purposes of exterior structure finishes would be applied as a part of the Proposed Project. AQ-5: Prior to issuance of building permits, for residential development, the property owner/developer shall provide a note on building plans that indicates that all shared community barbeques will be electric powered barbeque units. These units shall be verified on site by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. AQ-6: Prior to issuance of a building permit, the property owner/developer shall show on plans that all applicant-provided appliances be Energy Star appliances (dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star appliances shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings that require appliances. All facets of the Proposed Project would be seasonal and temporary. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 107 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-7: Prior to issuance of building permits for new construction of residential development, the property owner/developer shall indicate on plans that garage and/or car port parking are electrically wired to accommodate a Level 2 (240 volt) electric vehicle charging. The location of the electrical outlets shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. AQ-8: Prior to issuance of building permits for new construction of non-residential development of 100,000 building square feet or more, the property owner/developer shall indicate on plans that Level 2 vehicle charging stations will be provided for public use, and where feasible, the property owner/developer shall coordinate with the City of Anaheim to install Level 3 (480 volt or higher) charging stations. The location of the charging station(s) shall be specified on building plans, and proper installation shall be verified by the Building Division prior to issuance of a Certificate of Occupancy. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 108 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-9: Prior to issuance of building permits for new industrial or warehousing projects that meets the following criteria: a) Have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel-powered transport refrigeration units (TRUs), and b) Are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use. The property owner/developer shall submit a health risk assessment (HRA) to the Planning Department. The HRA shall be prepared in accordance with policies and procedures of the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD). If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 μg/m3, or the appropriate noncancer hazard index exceeds 1.0, the applicant will be required to identify and demonstrate that best available control technologies for toxics (T-BACTs) are capable of reducing potential cancer and noncancer risks to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, restricting idling onsite or electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. The property owner/developer shall record a covenant on the property that requires ongoing implementation of T-BACTs identified in the HRA. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of new industrial or warehousing buildings. The Proposed Project would not generate 100 or more diesel truck trips per day. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 109 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-10: Prior to issuance of building permits for new residential developments, the property owner/developer shall submit a health risk assessment (HRA) to the Planning Department. The HRA shall be prepared in accordance with policies and procedures of the State of California’s Office of Environmental Health Hazard Assessment (OEHHA) and the South Coast Air Quality Management District (SCAQMD). If the HRA shows that the incremental cancer risk exceeds one in one hundred thousand (1.0E-05), PM concentrations would exceed 2.5 μg/m3, or the appropriate noncancer hazard index exceeds 1.0, the following is required prior to issuance of building permits: a) The HRA shall identify the level of high-efficiency Minimum Efficiency Reporting Value (MERV) filter required to reduce indoor air concentrations of pollutants to achieve the cancer and/or noncancer threshold. b) Installation of high efficiency MERV filters in the intake of residential ventilation systems consistent with the recommendations of the HRA, shall be shown on plans. Heating, air conditioning, and ventilation (HVAC) systems shall be installed with a fan unit designed to force air through the MERV filter. c) To ensure long-term maintenance and replacement of the MERV filters in the individual units, the property owner/developer shall record a covenant on the property that requires ongoing implementation of the actions below. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. 1. The property owner/developer shall provide notification to all future tenants or owners of the potential health risk for affected units and the increased risk of exposure to diesel particulates when windows are open. 2. For rental units, the property owner/developer shall maintain and replace MERV filters in accordance with the manufacture’s recommendations. 3. For ownership units, the Homeowner’s Association shall incorporate requirements for long-term maintenance in the Covenant Conditions and Restrictions and inform homeowners of their responsibility to maintain the MERV filter in accordance with the manufacturer’s recommendations. Mitigation Measure is not applicable. The Proposed Project would not include any residential development. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 110 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable AQ-11: For Projects located within 1,000 feet of an industrial facility that emits substantial odors, which includes but is not limited to: • Wastewater treatment plants • Composting, greenwaste, or recycling facilities • Fiberglass manufacturing facilities • Painting/coating operations • Large-capacity coffee roasters • Food-processing facilities The property owner/developer shall submit an odor assessment to the Planning Director prior to approval of any future discretionary action that verifies that the South Coast Air Quality Management District (SCAQMD) has not received three or more verified odor complaints. If the Odor Assessment identifies that the facility has received three such complaints, the applicant will be required to identify and demonstrate that Best Available Control Technologies for Toxics (T-BACTs) are capable of reducing potential odors to an acceptable level, including appropriate enforcement mechanisms. T-BACTs may include, but are not limited to, scrubbers at the industrial facility, or installation of Minimum Efficiency Reporting Value (MERV) filters rated at 14 or better at all residential units. Mitigation Measure is applicable as there are eight industrial facilities within 1,000 feet of the Project Site. The Odor Assessment contained in Appendix A of this Addendum addresses and satisfies MM AQ- 11. This is the only mitigation measure applicable to the Proposed Project and therefore, the City is not requiring a Mitigation Monitoring and Reporting Plan for the Proposed Project. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 111 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-1: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees’ commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-2: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-3: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 112 | Page Biological Resources EIR No. 348 Mitigation Measure Applicable/Not Applicable BIO-1: Prior to issuance of grading permits for any project that occurs within the areas identified as having potential for the occurrence of special plant communities and sensitive species as shown in Figure 5.3-1, Areas with Potential for Sensitive Species and Plant Communities, the property owner/developer shall submit a biological survey prepared by a qualified biologist. The biological survey shall assess potential impacts to wildlife movement and identify any impacts to sensitive vegetation communities, including coastal sage scrub, riparian, wetland, and open water habitats. The property owner/developer shall be required to restore and revegetate where the loss of small and/or isolated habitat patches is proposed and maintain existing wildlife movement opportunities. Mitigation Measure is not applicable. Although the Project Site is within Figure 5.3-1, the Proposed Project would not require mass grading. The Applicant would install the three (3) proposed water lines via hand trenching. BIO-2: Prior to issuance of demolition, grading or building permits, whichever occurs first, for construction activity that is set to occur during nesting season (typically between February 1 and July 1), the property owner/developer shall be required to conduct nesting bird surveys in accordance with the California Department of Fish and Wildlife requirements, and submit said surveys to the City of Anaheim Planning Department. Such surveys shall identify avoidance measures to protect active nests. Mitigation Measure is not applicable. The Proposed Project does not include demolition or construction of permanent buildings. The Proposed Project would not involve mass grading. The Applicant would install the three (3) proposed water lines via hand trenching. BIO-3: Prior to issuance of building permits, for projects with new lighting located adjacent to natural areas, the property owner/developer shall submit a lighting plan indicating that the proposed lighting has been designed to prevent artificial lighting from reflecting into adjacent natural areas. Mitigation Measure is not applicable. The Proposed Project does not include the construction of permanent buildings. The Proposed Project would operate only during daylight hours. BIO-4: Prior to preliminary design of any bridge crossing the Santa Ana River, a qualified biologist shall conduct a jurisdictional delineation of the potential disturbance area at locations where construction activity could affect jurisdictional waters. The jurisdictional delineation shall determine if features are under Mitigation Measure is not applicable. The Project Site is not within the Santa Ana River. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 113 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable the jurisdiction of the US Army Corps of Engineers (ACOE), the Regional Water Quality Control Board (RWQCB), and/or the California Department of Fish and Wildlife (CDFW). The result shall be a preliminary jurisdictional delineation report that shall be submitted to the City of Anaheim and any Responsible Agency, ACOE, RWQCB, and CDFW, as appropriate, for review and approval. Based on the results of the preliminary jurisdictional delineation, bridge design shall be completed so that impacts to jurisdictional waters are minimized in consultation with the ACOE, RWQCB, and CDFW. After final design but prior to construction, permits shall be obtained from each agency where applicable. BIO-5: Prior to the issuance of grading permits for projects potentially affecting riparian or wetland habitat, the property owner/developer shall provide evidence that all necessary permits have been obtained from the California Department of Fish And Wildlife (pursuant to Section 1601-1603 of the Fish and Game Code) and the U.S. Army Corps of Engineers (pursuant to section 404 of the Clean Water Act) or that no such permits are required, in a manner meeting the approval of the City of Anaheim Planning Department. Should a Section 404 Permit from the Army Corps of Engineers be required, a Section 401 Water Quality Certification would also be obtained from the California Regional Water Quality Control Board, Santa Ana Region. Mitigation Measure is not applicable. The Proposed Project does not include demolition, or the construction of permanent buildings. During the nonoperational months of the Proposed Project (November through March) maintenance activities may be undertaken by the OCWD, which are permitted under separate permits, including approved Section 401, Section 404, and Section 1600 permits. Noise EIR No. 348 Mitigation Measure Applicable/Not Applicable N-1: Ongoing during grading, demolition, and construction, the property owner/developer shall be responsible for requiring contractors to implement the following measures to limit construction-related noise: • Construction activity is limited to the daytime hours between 7 AM to 7 PM, as prescribed in the City’s Municipal Code. • All internal combustion engines on construction Mitigation Measure is not applicable. The Proposed Project would not involve the demolition or construction of permanent buildings. The Applicant would install three water lines via hand Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 114 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable equipment and trucks are fitted with properly maintained mufflers. • Stationary equipment such as generators, air compressors shall be located as far as feasible from nearby noise- sensitive uses. • Stockpiling is located as far as feasible from nearby noise- sensitive receptors • Construction traffic shall be limited to the haul routes established by the City of Anaheim. trenching and no grading permit would be required. N-2: Prior to issuance of a building permit for any project requiring pile driving or blasting during construction, the property owner/developer shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. The maximum levels shall not exceed 0.2 inches/second, which is the level that can cause architectural damage for typical residential construction. If maximum levels would exceed these thresholds, alternative uses such static rollers, non-explosive blasting, and drilling piles as opposed to pile driving shall be used. Mitigation Measure is not applicable. The Proposed Project would not involve the demolition or construction of permanent buildings. The Applicant would install three via hand trenching and no grading permit would be required. N-3: Prior to issuance of building permits, if new vibration- sensitive land uses are located within 200 feet of any railroad line, the property owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by operation of the rail line. Mixed use buildings shall be designed to eliminate vibration amplifications due to resonances of floors, walls, and ceilings. The detailed analysis shall be submitted to the Planning Department prior to issuance of building permits and shall show that the vibration levels would be below 72 VdB, which is Federal Transit Administration’s nighttime criteria to regulate vibration impacts to affected residential uses. Mitigation Measure is not applicable. The Project Site is not located within 200-feet of any railroad line. The nearest railroad is located over 1,500-feet to the north of the Project Site. N-4: Prior to issuance of building permits for projects involving development of new industrial uses within 200 feet of any existing residential use or Development Area 3, the property owner/developer shall retain an acoustical engineer to conduct an acoustic analysis that includes a vibration analysis for potential impacts from vibration generated by industrial activities. The detailed analysis shall be submitted to the Planning Department Mitigation Measure is not applicable. The Proposed Project would not involve construction of any industrial uses or structures within 200-feet of any existing Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 115 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable showing that the vibration levels to any nearby residential use would be below 78 VdB during the daytime (7 AM to 10 PM) and 72 VdB during the nighttime (10 PM to 7 AM), which is the Federal Transit Administration’s nighttime criteria to regulate vibration impacts to affected residential uses. residential uses or in Development Area 3. While a sensitive receptor is located within 200-feet of the Project Site, the proposed use is not considered an industrial use per Section 18.36.040 of the AMC. N-5: Prior to issuance of a building permit, the property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development would be sound attenuated against present and projected noise levels, including roadway, aircraft, helicopter, stationary sources (e.g., industrial, commercial, etc.), and railroad, to meet City interior standards as follows: c) The report shall demonstrate that the proposed residential design will result in compliance with the 45 dBA CNEL interior noise levels, as required by the California Building Code and California Noise Insulation Standards (Title 24 and 25 of the California Code of Regulations). d) The report shall demonstrate that the Proposed Project residential design shall minimize nighttime awakening from train horns such that interior single-event noise levels are below 81 dBA Lmax. The property owner/developer shall submit the noise mitigation report to the Planning Director for review and approval. Upon approval by the City, the project acoustical design features shall be incorporated into construction of the Proposed Project. Mitigation Measure is not applicable. No permanent or habitable structures are involved in the Proposed Project that would be required to meet City interior standards. The Proposed Project does not require a building permit. Transportation/Traffic EIR No. 348 Mitigation Measure Applicable/Not Applicable T-1: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owners/developer shall complete the following steps below to develop, implement and administer a comprehensive Transportation Demand Management (TDM) program. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 116 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable a) The property owner/developer shall provide to the City of Anaheim Public Works Department, for review and approval, a comprehensive TDM program that includes a menu of TDM program strategies and elements for both existing and future employees’ commute options. b) The property owner/developer shall record a covenant on the property that requires ongoing implementation of the approved TDM program and designation of an on-site contact that will be responsible for coordinating the TDM program. c) The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. buildings on the Project Site. The proposed use would not generate 50 or more employees. T-2: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall join and financially participate in a clean fuel shuttle program, if established. The property owner/developer shall record a covenant on the property that requires participation in the program ongoing during project operation. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-3: Prior to the first final building and zoning inspection for any non-residential project generating 50 or more employees, the property owner/developer shall participate in the Anaheim Transportation Network (ATN)/Transportation Management Association. The property owner/developer shall record a covenant on the property that requires ongoing participation in the program and designation of an on-site contact that will be responsible for coordinating and representing the project with the ATN. The form of the covenant shall be approved by the City Attorney’s Office prior to recordation. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings on the Project Site. The proposed use would not generate 50 or more employees. T-4: Prior to issuance of the first building permit for each building, the property owner/developer shall pay all applicable transportation impact fees to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. Mitigation Measure is not applicable. Applicant transportation fees associated with regulatory requirements would be paid during the building plan check process. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 117 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable T-5: Prior to issuance of building permits for any project forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utilizing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner/developer shall submit to the City Traffic and Transportation Manager traffic improvement phasing analyses to identify when the improvements identified in the Anaheim Canyon Specific Plan EIR Traffic Impact Study, Iteris, September 2014 (Appendix G of the Draft EIR) shall be designed and constructed. a) The traffic improvement phasing analyses will specify the timing, funding, construction and fair-share responsibilities for all traffic improvements necessary to maintain satisfactory levels of service within the City of Anaheim and surrounding jurisdictions, as defined by the City’s General Plan, based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348, Orange County Congestion Management Program and established in City of Anaheim Traffic Study Guidelines. b) The property owner/developer shall construct, bond for, or enter into a funding agreement for necessary circulation system improvements, as determined by the City Traffic and Transportation Manager. At minimum, fair-share calculations shall include intersection improvements, rights-of-way, and construction costs, unless alternative funding sources have been identified to help pay for the improvement. Mitigation Measure is not applicable. Expected maximum peak-hour trips is 40. T-6: Prior to first final building and zoning inspection, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer shall implement traffic improvements to maintain satisfactory levels of services, as identified in the project traffic improvement phasing analysis. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings and would not require traffic improvements. T-7: Prior to issuance of building permits, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer and the City of Anaheim shall take the following actions in cooperation with the Cities of Orange, Fullerton and Placentia: Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 118 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable a) The traffic improvement phasing analysis shall identify any impacts created by the project on facilities within the Cities of Orange, Fullerton, or Placentia. b) The traffic improvement phasing analysis shall calculate the fair- share percentage responsibility for mitigating these impacts. c) The City of Anaheim shall estimate the cost of the project’s fair- share responsibility in cooperation with the Cities of Orange, Fullerton, and Placentia. d) The property owner/developer shall pay the City of Anaheim the fair-share cost prior to issuance of a building permit. e) The City of Anaheim shall hold the amount received in trust, and then, once a mutually agreed upon joint program is executed by both cities, the City of Anaheim shall allocate the fair-share contribution to traffic mitigation programs that result in improved traffic flow at the impacted locations, via an agreement mutually acceptable to both cities. T-8: Prior to issuance of building permits, in conjunction with the preparation of any traffic improvement phasing analyses required by Mitigation Measure T-5, the property owner/developer and the City of Anaheim shall take the following actions in cooperation with Caltrans: a) The traffic improvement phasing analysis shall identify the project’s proportionate impact on the specific freeway mainline and/or freeway ramp locations. b) The traffic improvement phasing analysis shall determine the property owner/developer’s fair-share percentage responsibility for mitigating project impacts based on thresholds of significance, performance standards and methodologies utilized in EIR No. 348 and established in the Orange County Congestion Management Program and City of Anaheim Traffic Study Guidelines. c) The traffic improvement phasing analysis shall determine if a regional transportation agency has programmed and funded the warranted improvements to the impacted freeway mainline or freeway ramp locations d) The City of Anaheim shall estimate the cost of the project’s fair- share responsibility in cooperation with Caltrans. Mitigation Measure is not applicable. The Proposed Project would not include the demolition or construction of permanent buildings. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 119 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable e) The property owner/developer shall pay the City of Anaheim the identified fair-share responsibility as determined above. f) The City shall allocate the property owners/developers fair-share contribution to traffic mitigation programs that result in improved traffic flow on the impacted mainline and ramp locations, via an agreement mutually acceptable to Caltrans and the City of Anaheim. g) Future traffic improvement phasing analyses for Caltrans facilities shall utilize the latest adopted HCM methodology. In addition, proposed intersection modifications within Caltrans right-of-way shall be consistent with Caltrans Traffic Operations Policy Directive 13-02: Intersection Control Evaluation (ICE) Utilities and Service Systems EIR No. 348 Mitigation Measure Applicable/Not Applicable USS-1: Prior to the issuance of demolition, grading, or building permits, whichever occurs first, the property owner/developer shall submit plans to the City Engineer for review. The City Engineer shall review the location of each project to determine if it is an area served by potentially deficient sewer facilities, as identified in the latest updated sewer study for the ACSP. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall perform additional sewer analysis using flow, wet-weather data, and other information specific for the project to determine the surcharge levels for final design. The property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney’s Office, which could include additional related fees, construction of combination thereof. Mitigation Measure is not applicable. The Proposed Project would not involve any mass grading, demolition, or construction of permanent buildings on the Project Site. The Proposed Project would utilize temporary and mobile restroom facilities which would not connect to City services. USS-2: Prior to approval of sanitary sewer connections for each development project, the property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer, to prevent the sewer surcharge in the public system for back-flowing into below-grade structure of the Mitigation Measure is not applicable. The Proposed Project would not involve any mass grading, demolition, or construction of Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 120 | Page EIR No. 348 Mitigation Measure Applicable/Not Applicable proposed development based upon the latest updated sewer study for the ACSP. Where requested by the City Engineer, sewer improvements shall be constructed with larger than recommended diameter to maintain the surcharge levels within the pipe, and the invert elevation of sewer laterals shall be located above the hydraulic grade line elevation of the surcharge levels when the invert elevation of the sewer laterals are above the pipe crown. permanent buildings. The Proposed Project would utilize temporary and mobile restroom facilities which would not connect to City services. The Proposed Project would include three (3) water lines installed via hand trenching by the Applicant. USS-3: Prior to the approval of any street improvement plans within the ACSP that encompass area(s) where Orange County Sanitation District (OCSD) will be upsizing trunk lines and/or are making other improvements, the property owner/developer shall coordinate with OCSD to ensure that backflow prevention devices are installed at the lateral connections to prevent surcharge flow from entering private properties. Proof of such coordination, such as a latter form OCSD affirming review of proposed plans, shall be provided by the property/owner developer to the City prior to approval of the street improvement plans. Mitigation Measure is not applicable. The Proposed Project would not involve any mass grading, demolition, or construction of permanent buildings. The Proposed Project would include a new backflow preventer on the secondary water line next to the existing backflow preventer, per City Standard W-104. Narrative Summary (a-c): Impacts Analyzed in EIR No. 348 EIR No. 348 analyzed the Project’s impacts associated with the implementation of the ACSP. Refer to Section 1.8, Table 1-2 in EIR No. 348 for a summary of environmental impacts, mitigation measures and levels of significance after mitigation. EIR No. 348 analyzed levels of significance before mitigation resulting in determinations of less than significant or no impacts for the following environmental impact sections: aesthetics, agricultural resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use planning, mineral resources, population and housing, public services, and recreation. The remaining environmental impact sections, air quality, biological resources, greenhouse gas emissions, noise, transportation/traffic, and utilities and service systems were analyzed as having potentially significant impacts unless mitigated for certain issues. EIR No. 348 determined that certain impacts to air quality, greenhouse gas emissions, noise, and transportation/traffic were significant and unavoidable. For all impacts which EIR No. 348 deemed potentially significant unless mitigated, the City Council adopted the mitigation measures detailed in the table above under MMRP No. 312. Proposed improvements within the ACSP would be subject to these mitigation measures, where applicable, as designated by the mitigation measure’s language. For impacts which EIR No. 348 deemed significant and unavoidable, the City Council adopted a Statement of Overriding Considerations with regard to these potential impacts. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 121 | Page Impacts Associated with the Proposed Project (a-c) No New Impacts. The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. MMRP No. 312 addresses the impacts identified by EIR No. 348; this Addendum identifies and includes the one mitigation measures applicable to the Proposed Project. The Proposed Project would comply with Mitigation Measure AQ-11 through the provided study (Appendix A). For impacts that remain significant, unavoidable, and adverse after mitigation measures are applied, the Anaheim City Council has adopted a Statement of Overriding Considerations with regard to these potential impacts. The Proposed Project contains no substantial changes to the implementation of the ACSP. Conclusion The Proposed Project would not result in any impacts beyond those identified in the previously certified EIR No. 348. The Proposed Project contains no substantial changes to the implementation of the ACSP, there have been no substantial changes in circumstances, and no new information has become available, not known and could not have been known, at the time that EIR No. 348 was certified, that would require major revisions to EIR No. 348. Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 122 | Page 5. LIST OF PREPARERS Sagecrest Planning+Environmental Christine Saunders, Director, Environmental Services Veronica Morones, Planning Consultant Monica Tobias, Assistant Environmental Planner Subconsultants Marc Mizuta, PE, TE, PTOE, Principal City Staff Planning Services Division Susan Kim, AICP, Principal Planner Peter Lange, Contract Planner Lucita Y. Tong, Contract Planner Andy Uk, Associate Planner Development Services Division Esperanza Rios, Assistant Engineer David Kim, Principal Civil Engineer Public Works Department Leticia Mercado, Sanitation Contract Specialist Traffic Engineering Division Eunice Lee, Associate Engineer Anaheim Adventure Aqua Park Addendum to the Anaheim Canyon Specific Plan EIR No. 348 123 | Page 6. REFERENCES Appendix A Anaheim Adventure Aqua Park Air Quality Odor Assessment, Sagecrest Planning+Environmental, July 2020 Appendix B AAAP Lifeguard Safety Plan Anaheim Adventure Aqua Park. (April 2020). Appendix C Trip Generation and Queuing for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, September 2020 Appendix D VMT Assessment for the Anaheim Adventure Aqua Park Project, Mizuta Traffic Consulting, October 2020 Anaheim Adventure Aqua Park. (April 2020). Operations and Maintenance Manual Version 1.0 City of Anaheim. (May 2015). Anaheim Canyon Specific Plan, Draft Environmental Impact Report No. 348. (Available at http://anaheim.net/1073/Anaheim-Canyon, accessed June 2020) City of Anaheim. (August 2015). Anaheim Canyon Specific Plan, Final Environmental Impact Report No. 348. (Available at http://anaheim.net/1073/Anaheim-Canyon, accessed June 2020) City of Anaheim. (January 2016). Anaheim Canyon Specific Plan. (Available at http://www.anaheim.net/DocumentCenter/View/9959/Entire-Specific-Plan- Document?bidId=, accessed June 2020) City of Anaheim. (2018). Minimum Off-Street Angled Parking. (Available at http://www.anaheim.net/DocumentCenter/View/8160/470---Minimum-Off- Street-Parking-Dimensions?bidId= accessed June 26, 2020) City of Anaheim. (March 2020). Municipal Code, Title 18, and Article 10.10. (Available at https://codelibrary.amlegal.com/codes/anaheim/latest/anaheim_ca/0-0-0- 51668, accessed June 2020) California Department of Conservation. (2016). Farmland Mapping and Monitoring Program, Orange County. (Available at https://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx, accessed June 23, 2020. Orange County Water District, Miraloma Recharge Basin Final Environmental Impact Report, September 2011. Orange County Water District, Storm Water Pollution Prevention Plan (Risk Level 1) for Miraloma Recharge Basin, SWPPP Solutions, Inc., November 2011 NEW CORRESPONDENCE ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MARCH 15, 2021 SUBJECT: ZONING CODE AMENDMENT NO. 2021-00176 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide additional separation requirements for Unlicensed Community Care Facilities and Sober Living Homes. RECOMMENDATION: Staff r ecommends that the Planning Commission, by motion, recommend that the City Council determine that the Proposed Draft Ordinance (Attachment 1) is not subject to California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(2) and 15061(b)(3); and, that the City Council adopt the Proposed Draft Ordinance. BACKGROUND: On September 29, 2020, the City Council adopted Ordinance No. 6493 (Adopted Ordinance) to provide standards and regulations for Unlicensed Community Care Facilities and Sober Living Homes. Unlicensed Community Care Facilities, commonly known as group homes, are residential homes, which provide a supportive living environment for persons considered “handicapped” by State or federal law. Sober Living Homes provide residential accommodation to those persons who are recovering from an alcohol or drug addiction. The State does not regulate these two types of facilities because they do not provide any services or treatment (i.e. care and supervision, detoxification, counseling). The September 15, 2020 City Council staff report (Attachment 3) contains detailed background information on the Adopted Ordinance. The main intent of the Adopted Ordinance was to strike a balance between preserving the residential characterist ics of our City’s neighborhoods while providing opportunities for persons considered “handicapped” to reside in residential zones that are enjoyed by the non-disabled, in compliance with State and federal law. In summary, t he Adopted Ordinance provided for the following: •Updated the Code to provide new and revised types of uses and definitions to distinguish between State licensed and unlicensed facilities; •Established ministerial permitting processes for Unlicensed Community Care Facilities and Sober Living Homes with six or fewer residents; and •Established a number of operational standards for all Unlicensed Community Care Facilities and Sober Living Homes, regardless of the size. Attachments 4 and 5 provide a detailed summary of the adopted permitting processes and operational standards for these two types of facilities. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 ZONING CODE AMENDMENT NO. 2021-00176 March 15, 2021 Page 2 of 5 In particular, the adopted operational standards require that all Unlicensed Community Care Facilities and Sober Living Homes comply with certain separation requirements. The Adopted Ordinance included these separation requirements to prevent overconcentration of these facilities, which may lead to institutionalization and commercialization of residential neighborhoods. The adopted separation requirements are as follows: • Unlicensed Community Care Facilities: Minimum 300-foot separation required from any other Community Care Facility, regardless of size or licensing; and • Sober Living Homes: Minimum 800-foot separation required from any other Sober Living Home or a State-licensed Alcohol or Drug Abuse Recovery or Treatment Facility, regardless of size. The Adopted Ordinance included a 300-foot separation distance related to Unlicensed Community Care Facilities, as it is consistent with State law regulations for State-licensed community care facilities. The Adopted Ordinance included a larger separation requirement of 800 feet related to Sober Living Homes because Sober Living Homes present a potential for additional issues beyond those typically associated with other Unlicensed Community Care Facilities due to their unique nature of providing housing to a population that is highly independent from each other. Unlicensed Community Care Facilities and Sober Living Homes that have been in existence prior to effective date of the Adopted Ordinance are exempt from the separation requirements as long as they apply for the applicable Regulatory Permit by April 27, 2021 (180 days from the effective date of the Adopted Ordinance). The Adopted Ordinance also allows existing facilities with valid Regulatory Permit to continue t heir operations even if an applicable State-licensed facility moves within the required separation distance after the issuance of the Regulatory Permit. The Adopted Ordinance included these provisions in order to prevent displacement of existing residents. Since the Adopted Ordinance has been in effect, members of community have raised concerns regarding continued overconcentration of quasi-residential facilities in neighborhoods (i.e. Community Care Facilities; Alcohol or Drug Abuse Recovery or Treatment Facilities; Sober Living Homes; Transitional Housing; Supportive Housing ; and, Short -Term Rental Units). In voicing their concerns, the members of community expr essed that the adopted separation requirements are ineffective in preventing overconcentration of different types of facilities because the current standards only require separation between the same types of facilities and not between different types of facilities. As such, t here may be a situation where a number of different types of facilities could locate in a close proximity to each other, as long as they fall under different classification of land use. For an example, a Sober Living Home and an Unlicensed Community Care Facility could locate on a street that already has a Short Term Rental, regardless of distance between the facilities. In response to this concern, at its January 12, 2021 meeting, the City Council directed staff to review this matter and bring forward a Zoning Code Amendment that includes additional separation requirements between different types of residential facilities to the extent possible. PROPOSAL: Staff has reviewed these community concerns and Council direction and has prepared the Proposed Draft Ordinance (Attachment 1), which would amend Title 18 (Zoning) of the Anaheim Municipal Code to provide additional separation requirements for Unlicensed Community Care Facilities and Sober Living Homes. Attachment 2 provides a redline copy of the ZONING CODE AMENDMENT NO. 2021-00176 March 15, 2021 Page 3 of 5 Proposed Draft Ordinance, which highlights the changes between the existing Code requirements and the proposed Code requirements. The Proposed Draft Ordinance would require that the Unlicensed Community Care Facilities and Sober Living Homes maintain certain distance from each other and from State-licensed facilities, along with other quasi-residential facilities, includ ing Transitional Housing with seven or more residents, Supportive Housing with seven or more residents, Senior Living Facilities (regardless of size ), and Short -Term Rental Units. The required separation distances from these additional quasi-residential facilities would be consistent with the separation distances currently required of each type of facilit y, which is 300 feet related to Unlicensed Community Care Facilities and 800 feet related to Sober Living Homes. The Proposed Code Amendment does not include separation requirements from Transitional Housing and Supportive Housing with six or fewer residents. State law requires that cities consider Transitional and Supportive Housing as residential use s and only apply those restrictions that apply to other residential dwellings of the same type in the same zone. These uses do not require discretionary approval, registration, or a State license ; therefore, they are not tracked by either the City or the State. As such, the City does not have a practical way to identify the locations of these homes , which is necessary for the City to implement the proposed separation requirements. The table below provides a detailed summary of the existing separation requirements, proposed separation requirement s, and the final combined existing and proposed separation requirements: Table 1: Summary of Proposed Separation Requirements Type of Facility Existing Separation Requirements Proposed Separation Requirements Combined Existing + Proposed Separation Requirements Unlicensed Community Care Facility • 300 ft. from: o Community Care Facility, Licensed or Unlicensed • 300 ft. from: o Transitional Housing (Large) o Supportive Housing (Large) o Senior Living Facilities o Short-Term Rental Unit • 800 ft. from: o Alcoholism or Drug Abuse Recovery or Treatment Facility; o Sober Living Homes • 300 ft. from: o Transitional Housing (Large); o Supportive Housing (Large); o Senior Living Facilities o Short -Term Rental Unit o Community Care Facilities, Licensed or Unlicensed • 800 ft. from: o Alcoholism or Drug Abuse Recovery or Treatment Facility o Sober Living Homes ZONING CODE AMENDMENT NO. 2021-00176 March 15, 2021 Page 4 of 5 Type of Facility Existing Separation Requirements Proposed Separation Requirements Combined Existing + Proposed Separation Requirements Sober Living Home • 800 ft. from: o Alcohol or Drug Abuse Recovery or Treatment Facilities o Sober Living Homes • 800 ft. from: o Community Care Facilities, Licensed or Unlicensed o Transitional Housing (Large) o Supportive Housing (Large) o Senior Living Facilities o Short -Term Rental Unit • 800 ft. from: o Community Care Facilities, Licensed or Unlicensed o Transitional Housing (Large) o Supportive Housing (Large) o Senior Living Facilities o Short-Term Rental Unit o Alcohol or Drug Abuse Recovery or Treatment Facilities o Sober Living Homes Consistent with the intent of the Adopted Ordinance, the existing facilities would continue to be exempt from the new separation requirements if such facilities apply for applicable Regulatory Permit by April 27, 2021 (within 180 days of the effective date of the Adopted Ordinance, which initiated the requirement for the Regulatory Permit). However, if a new, subsequent Operator’s Registration or Operator’s Permit is required for an existing facility per Code, which the City previously granted the exemption from the separation requirement, due to change in circumstances (i.e. change in owner and/or operator), this exemption would become null and void, and the facility would be required to comply with applicable separation requirement. In addition, the Proposed Draft Ordinance would allow existing facilities with a valid Regulatory Permit to continue their operat ion even if one of the quasi-residential facilities listed in above table moves within the required separation distance. Continuation of this provision is necessary as the City does not have jurisdiction over where certain quasi-residential facilities can locate within the City (i.e. most state licensed facilities). Staff believes that the Proposed Draft Ordinance sufficiently addresses the concerns raised regarding the lack of effectiveness of the existing separation requirements in preventing overconcentration of quasi-residential facilities, while providing opportunities for persons considered “handicapped” to reside in a group setting in residential zones in compliance with State and federal law. Environmental Impact Analysis Staff recommends that the Planning Commission recommend that the City Council determine that this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3)of the State CEQA Guidelines. Pursuant to Section 15060(c)(2), the Proposed Draft Ordinance is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change in the environment . In addition, p ursuant to Section 15061(b)(3), the Proposed Draft Ordinance fit s within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. In that, the Proposed Draft Ordinance would only provide ZONING CODE AMENDMENT NO. 2021-00176 March 15, 2021 Page 5 of 5 separation requirements between uses, it would not have a significant effect on the environment; and, therefore, the activity is not subject to CEQA. CONCLUSION: The Proposed Draft Ordinance provides additional separation requirements for Unlicensed Community Care Facilities and Sober Living Homes. The proposed separation requirements would continue to provide opportunities for persons considered “handicapped” to reside in residential zones that are enjoyed by the non-disabled, in compliance with State and federal law, while preserving the residential characteristics of surrounding neighborhood in which such facilities are located. In addition, t he Proposed Draft Ordinance will help prevent overconcentration of quasi-residential facilities, which can result in the very type of institutional character that State law intended to discourage. As such, staff recommends that the Planning Commission, by motion, recommend approval of the proposed Zoning Code Amendment to the City Council. Prepared by, Submitted by, Joanne Hwang, AICP Niki Wetzel, AICP Senior Planner Deputy Planning and Building Director Attachments: 1. Draft City Council Ordinance 2. Draft City Council Ordinance - Redline 3. September 15, 2020 City Council Staff Report (without attachments) 4. Summary of Existing Regulatory Permit Processes 5. Summary of Existing Operational Standards 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.16 (REGULATORY PERMITS) AND 18.38 (SUPPLEMENTAL USE REGULATIONS) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15060(C)(2) AND 15061(B)(3) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2021-00176) (DEV2021-00027) WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution and Section 400 of the City Charter, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and WHEREAS, in exercising its police power, the City may act to restrict residential zones to specified types of uses deemed compatible with such areas to promote public health, safety and general welfare and preserve the residential characteristics of its residential neighborhoods; and WHEREAS, both the California Supreme Court and United States Supreme Court have held that cities have the right to regulate both the number of people who may reside in a single- family home and the manner in which the single-family homes is used, as long as such regulations do not unfairly discriminate or impair an individual’s rights of privacy and association; and WHEREAS, the Federal Fair Housing Amendments Act (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit pubic agencies from making land use decisions or policies that exclude or otherwise discriminate against persons with disabilities or other protected classes; and WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to provide a broader range of housing opportunities to the disabled, to free the disabled from institutional style living to the extent possible, and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and WHEREAS, enacted in 1973, the California Community Care Act provides for a state- wide system of residential care facilities for persons with disabilities and preempts local zoning. The Act requires “Community Care Facilities” to be licensed by the Department of Social Services (CDSS) and defines these facilities as any building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for ATTACHMENT NO. 1 2 children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children; and WHEREAS, in contradistinction, licensing for facilities providing 24-hour, non-medical, adult residential alcohol and other drug recovery or treatment facilities (AOD Facilities) is under the California Department of Health Care Services (DHCS). State law mandates that AOD Facilities provide certain services including but not limited to assessment, detoxification, education, recovery or treatment planning, and individual and group counseling sessions; and WHEREAS, cities are required to treat state-licensed Community Care Facilities and AOD Facilities serving six or fewer residents as a residential use. However, these licensed residential care facilities enjoy preemption only to the extent that they comply with their license; and WHEREAS, other care facilities such as independent living arrangements or supportive housing may not require State licensing. In addition, residential recovery homes providing an alcohol and drug- free living environment where no formal treatment is provided (“Sober Living Homes”) do not need a state license; and WHEREAS, over the past several years, cities within Orange County and the State have seen an increase in the number of homes in residential neighborhoods being utilized as locations for a variety of facilities, including the following: state licensed and non-state licensed community care facilities ; state-licensed AOD facilities; transitional housing, supportive housing and other non-state licensed facilities such as Sober Living Homes. In addition, upon satisfaction of Chapter 4.05 of the Anaheim Municipal Code, residential dwelling units may be rented as a short-term rentals for a period of less than thirty days to a person or group of persons. The increasing number of these quasi-residential facilities in residential neighborhoods has become a rising concern in many cities and counties in the State, and as such, there have been numerous state attempts at legislative fixes that have failed; and WHEREAS, records from CDSS dated May 28, 2020 show more than 100 state-licensed community care facilities for adults and the elderly are located in the City and that the City is home to 15 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, providing 205 beds; and WHEREAS, because there is no required licensing for some community care facilities and Sober Living Homes, the exact number of these unlicensed nonmedical facilities within the City of Anaheim is unknown; and WHEREAS, overconcentration of quasi-residential facilities (i.e. community care facilities, AOD Facilities, Sober Living Homes, transitional housing, supportive housing and short -term rentals) impair the integrity of residential neighborhoods by leading to the institutionalization and commercialization of such neighborhoods; and WHEREAS , the City receives continuous resident complaints regarding quasi-residential facilities expressing concerns such as overcrowding, parking, noise, and loitering. The lack of separation between quasi-residential uses results in the very type of institutional living and negative neighborhood impacts that state law intended to discourage; and 3 WHEREAS, on September 29, 2020, the City Council adopted Ordinance No. 6493 to regulate non-State licensed residential care facilities and Sober Living Homes intending to strike a balance between the City’s and residents’ interest in preserving the residential characteristics of residential neighborhoods and providing opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled; and WHEREAS, the intent of this ordinance is to extend the distance requirements codified by Ordinance No. 6493 to other quasi-residential facilities in order to preserve the character of single- family residential neighborhoods and to further the purposes of FEHA, FHAA and the Lanterman Act by providing standards and regulations to: (1) limit impacts by reducing noise and traffic, preserve safety and provide adequate parking; (2) provide an accommodation for disabled persons that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (3) ensure comfortable living environments that will enhance the opportunity for disabled persons and recovering addicts to be successful in their programs; and WHEREAS, a 300-foot distance requirement between licensed and non-state licensed community care facilities, transitional and supportive housing and other quasi-residential facilities is appropriate as it is consistent with State Law, which states that there is an overconcentration of certain state-licensed community care facilities if such facilities are separated by a distance of 300 feet or less; and WHEREAS, a 800-foot distance requirement between quasi-residential facilities, Sober Living Homes and AODs are appropriate and consistent with an average block length of a typical residential neighborhood in the City and provides a reasonable market for the operation of such facilities while preventing overconcentration; and WHEREAS, even with the separation requirements, this ordinance provides non-state licensed community care facilities and Sober Living Homes with preferential treatment in that non-disabled individuals in a similar living situation (i.e. boarding house) cannot reside in single family residential zones; and WHEREAS, this ordinance provides a mechanism for quasi-residential facilities to seek additional accommodation upon making a showing, as required by state and federal law, that such additional accommodation is reasonably necessary to afford the disabled the right to use and enjoy a dwelling in a manner similar to that enjoyed by the no n-disabled; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for 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 “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the Planning Commission of the City of Anaheim, at its March 15, 2021 public hearing, recommended, by motion, that the City Council determine that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 4 WHEREAS, the City Council hereby finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.16.058 (Community Care Facilities-Unlicensed (Small) and Sober Living Homes (Small)) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.058 COMMUNITY CARE FACILITIES – UNLICENSED (SMALL) AND SOBER LIVING HOMES (SMALL). .010 Permits Required. .0101 Operator's Registration. Any person desiring to operate a Sober Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Registration in compliance with the provisions of this section. .0102 Operator's Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Permit in compliance with the provisions of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations. .020 Application Requirements. All applications for Operator's Registration and Operator's Permit shall be submitted on forms approved by the Planning Director. The application shall be signed and submitted by the owner/operator of the facility and filed with the Planning and Building Department, and shall include all applicable fee or deposit as approved and set by resolut ion of the City Council. .030 Permit Issuance. .0301 Operator's Registration. Upon receipt of a written application for an Operator's Registration, the Planning Director (or his or her designee) shall conduct a review. An Operator's Registration application shall be issued if the applicant provided all required information and is in compliance or has agreed to comply with Section 18.38.123 of this Code. .0302 Operator's Permit. Upon receipt of a written application for an Operator's Permit, the Planning Director (or his or her designee) shall conduct a review and the Chief of Police (or his or her designee) shall conduct an investigation to ascertain compliance with subsection 18.16.058.04.0403 of this section. An Operator's Permit application shall be issued if the Chief of Police recommends issuance of the permit, the applicant provided all required 5 information, and is in compliance or has agreed to comply with this section and Section 18.38.123 of this Code. .040 Permit Denial and Revocation. .0401 In addition to the grounds for permit revocation specified in Section 18.16.040 of this chapter, an Operator's Registration and an Operator's Permit application shall be denied or revoked if any of the following circumstances exist: .01 Any owner/operator or staff person of the facility has provided materially false or misleading information on the application or omitted any pertinent information. .02 The owner/operator or staff person of the facility accepts residents, other than a house manager or staff, who are not handicapped as defined by the FHAA and FEHA. .03 The facility does not comply with the applicable separation requirements specified in Section 18.38.123.020.0205. (a) Exceptions. (1) If a Community Care Facility – Licensed an Alcohol or Drug Abuse Recovery or Treatment Facility, a Transitional Housing, a Supportive Housing, a Senior Living Facility, or a Short-Term Rental moves within the required separation distance of an existing Community Care Facility - Unlicensed (Small) or an existing Sober Living Home (Small) with a valid Operator's Registration or an Operator's Permit, this shall not cause the revocation of existing facility's Operator's Registration or Operator's Permit. (2) A Community Care Facility – Unlicensed (Small) or a Sober Living Home (Small) that has been in existence prior to effective date of this ordinance shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance, which is April 27, 2021. If a new, subsequent Operator's Registration or Operator's Permit is required for an existing facility that was granted the exemption from the separation requirement due to change in circumstances, such exemption shall become null and void and the facility shall be required to comply with applicable separation requirement. .04 The owner/operator or staff person of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. .05 For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. .0402 Additional grounds for denial or revocation of an Operator's Registration. .01 The Sober Living Home does not have or no longer holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department. .0403 Additional grounds for denial or revocation of an Operator's Permit. .01 Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. .02 Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the following offenses: (a) Any offenses in violation of California Penal Code Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314, 315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as may be amended. 6 (b) Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290, as may be amended. (c) Arson offenses in violations of Penal Code Sections 451- 455, as may be amended. (d) Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person. (e) Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as may be amended. .03 Any owner/operator or staff person of the facility is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. .0404 If a facility has obtained a reasonable accommodation pursuant to Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved deviation shall not be a cause for a denial or revocation of the facility's permit. .050 Changes to Operator's Registration and Operator's Permit. .501 If any of the information submitted on the original application changes, such as any personnel changes (i.e. owner/operator of the facility, employees and staff including house manager), the current or new owner/operator of the facility shall notify the Planning Director of such change within ten (10) business days thereafter, in writing, which may require additional review and fee. .502 The owner/operator of a Sober Living Home with an Operator's Registration shall notify the Planning Director if there is any changes to the status of the facility's Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department (i.e. renewals, expirations, revocations) within ten (10) business days of such change. .060 Sale or Transfer of Operator's Registration and Operator's Permit. No Operator's Registration or Operator's Permit issued hereunder may be sold, transferred or assigned by a permittee, or by operation of law, to any other person(s), entity, or facility. Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a voluntary surrender or such permit and such permit shall thereafter be null and void. A change in owner/operator of the facility shall require a new application for an Operator's Registration or an Operator's Permit. .070 Operator's Registration and Operator's Permit Expiration. .0701 The Operator's Registration and the Operator's Permit shall expire and be of no further force or effect if after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six (6) months. .0702 The Operator's Registration shall automatically expire and be of no further force or effect if after establishment, the Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department for the facility is expired or revoked. .080 Operational Standards. All facilities subject to this section shall comply with all operational standards specified in Section 18.38.123 of this Code, unless otherwise permitted by this Code. .090 Existing Facilities. Facilities existing prior to effective date of regulations set forth in this section shall comply with the following: .0901 Existing facilities shall apply for the Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of regulations set forth in this section. 7 .01 If an existing facility is seeking an exemption from the applicable separation requirement as specified in Subsections 18.38.123.020.0205.03 and 18.16.058.040.03.a.(2), such facility shall provide necessary evidence demonstrating that the facility has been in existence prior to the effective date of this ordinance, to the satisfaction of the Planning Director. .0902 Existing facilities shall have one (1) year from the effective date of the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their provisions. .0903 Existing facilities obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to two (2) additional years grace period pursuant to approval of an Operator's Permit. .0904 If an Operator's Registration or Operator's Permit submitted for existing facilities is denied pursuant to this section, such facility shall be deemed unlawful and shall seize its operations immediately after a denial of the Operator's Registration or Operator's Permit is issued. SECTION 2. That Section 18.38.123 (Community Care Facilities-Unlicensed and Sober Living Homes) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.123 COMMUNITY CARE FACILITIES – UNLICENSED AND SOBER LIVING HOMES Uses classified as Community Care Facilities–Unlicensed (Small), Community Care Facilities–Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section. .010 Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility–Unlicensed and a Sober Living Home, regardless of size, within the City without first obtaining a valid permit. .020 Operational Standards. .0201 Number of Residents. .01 Community Care Facilities–Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded. .02 Community Care Facilities–Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to det ermine the total number of residents. .0202 The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose. .0203 The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility. .0204 Parking. 8 .01 All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times. .02 All vehicles shall be operable and be parked on-site. .0205 Separation requirements. .01 Community Care Facility–Unlicensed. a. Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any of the following facilities: (1) Community Care Facility, Unlicensed, regardless of size; (2) Community Care Facility, Licensed, regardless of size; (3) Senior Living Facility, regardless of size; (4) Transitional Housing (Large); (5) Supportive Housing (Large); and (6) Short -Term Rental Unit b. In addition, such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property line, of any of the following facilities: (1) Alcohol or Drug Abuse Recovery or Treatment Facility, regardless of size; and (2) Sober Living Home, regardless of size .02 Sober Living Home. Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any of the following facilities: other a. Sober Living Home, regardless of size; b. Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size; c. Community Care Facility, Licensed, regardless of size; d. Community Care Facility, Unlicensed, regardless of size; e. Senior Living Facility, regardless of size; f. Transitional Housing (Large); g. Supportive Housing (Large); and h. Short -Term Rental Unit .03 Exceptions. a. A Community Care Facility–Unlicensed (Small) or a Sober Living Home (Small), which has been in existence prior to effective date of this ordinance, shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance, which is April 27, 2021. b. A Community Care Facility-Unlicensed (Large) or a Sober Living Home (Large), which obtained an approval of a Conditional Use Permit prior to effective date of this ordinance, shall not be subject to the applicable separation requirement. .0206 All facilities shall not provide "Care and supervision" to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended. .0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning 9 .0208 The property shall be fully in compliance with all building codes, codified ordinances, and this Code. .0209 Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 Intake procedures .02 Facility rules and regulations .03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. .04 Eviction and involuntary termination procedures, which, at minimum, ensure the following: a. Notification to the resident's emergency contact or contact of record. b. Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment. c. Provision of the information obtained regarding services available to the resident and any other treatment provider or service to the resident prior to his or her release. d. Provision of transportation to the address listed on the resident's driver license, state-issued identification card, or the permanent address identified in the resident's application or referral to the other community care facilities, sober living homes, or similar facilities. .0210 In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery programs located off- site. The sober living home operator shall maintain current records of program attendance. .02 A visitation policy that preclude any visitors who are under the influence of any drug or alcohol. .03 Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit. .0211 Refusal to comply with the facility's rules and regulations, as provided in the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of this section, shall be a cause of eviction. .0212 The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing herein shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information. .0213 Exception. Community Care Facilities, Unlicensed and Sober Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this 10 section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation). SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: 11 ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 139249 / LM 1 REDLINED TO SHOW PROPOSED CHANGES ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.16 (REGULATORY PERMITS) AND 18.38 (SUPPLEMENTAL USE REGULATIONS) OF THE ANAHEIM MUNICIPAL CODE AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTIONS 15060(C)(2) AND 15061(B)(3) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. (ZONING CODE AMENDMENT NO. 2021-00176) (DEV2021-00027) WH EREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution and Section 400 of the City Charter, the City Council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and WH EREAS, in exercising its police power, the City may act to restrict residential zones to specified types of uses deemed compatible with such areas to promote public health, safety and general welfare and preser ve the residential characteristics of its residential neighborhoods; and WHEREAS, both the California Supreme Court and United States Supreme Court have held that cities have the right to regulate both the number of people who may reside in a single- family home and the manner in which the single-family homes is used, as long as such regulations do not unfairly discriminate or impair an individual’s rights of privacy and association; and WHEREAS, the Federal Fair Housing Amendments Act (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit pubic agencies from making land use decisions or policies that exclude or otherwise discriminate against persons with disabilities or other protected classes; and WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to provide a broader range of housing opportunities to the disabled, to free the disabled from institutional style living to the extent possible, and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and WHEREAS, enacted in 1973, the California Community Care Act provides for a state- wide system of residential care facilities for persons with disabilities and preempts local zoning. The Act requires “Community Care Facilit ies” to be licensed by the Department of Social Services ATTACHMENT NO. 2 2 (CDSS) and defines these facilities as any building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children; and WHEREAS, in contradist inction, licensing for facilities providing 24-hour, non-medical, adult residential alcohol and other drug recovery or treatment facilities (AOD Facilities) is under the California Department of Health Care Services (DHCS). State law mandates that AOD Facilities provide certain services including but not limited to assessment, detoxification, education, recovery or treatment planning, and individual and group counseling sessions; and WHEREAS, cities are required to treat state-licensed Community Care Facilities and AOD Facilities serving six or fewer residents as a residential use. However, these licensed residential care facilities enjoy preemption only to the extent that they comply with their license; and WHEREAS, other care facilities such as independent living arrangements or supportive housing may not require State licensing. In addition, residential recovery homes providing an alcohol and drug- free living environment where no formal treatment is provided (“Sober Living Homes”) do not need a state license ; and WHEREAS, over the past several years, cities within Orange County and the State have seen an increase in the number of homes in residential neighborhoods being utilized as locations for a variety of facilities, including the following: state licensed and non-state licensed community care facilities; state-licensed AOD facilities; transitional housing, supportive housing and other non-state licensed facilities such as Sober Living Homes. In addition, upon satisfaction of Chapter 4.05 of the Anaheim Municipal Code, residential dwelling units may be rented as a short-term rentals for a period of less than thirty days to a person or group of persons. The increasing number of these quasi-residential facilities in residential neighborhoods has become a rising concern in many cities and counties in the State, and as such, there have been numerous state attempts at legislative fixes that have failed; and WHEREAS, records from CDSS dated May 28, 2020 show more than 100 state-licensed community care facilities for adults and the elderly are located in the City and that the City is home to 15 licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, providing 205 beds; and WHEREAS, because there is no required licensing for some community care facilities and Sober Living Homes, the exact number of these unlicensed nonmedical facilities within the City of Anaheim is unknown; and WHEREAS, overconcentratio n of quasi-residential facilities (i.e. community care facilities, AOD Facilities, Sober Living Homes, transitional housing, supportive housing and short -term rentals) impair the integrity of residential neighborhoods by leading to the institutionalization and commercialization of such neighborhoods; and WHEREAS , the City receives continuous resident complaints regarding quasi-residential facilities expressing concerns such as overcrowding, parking, noise, and loitering. The lack of separation between quasi-residential uses results in the very type of institutional living and negative neighborhood impacts that state law intended to discourage; and 3 WHEREAS, on September 29, 2020, the City Council adopted Ordinance No. 6493 to regulate non-State licensed residential care facilities and Sober Living Homes intending to strike a balance between the City’s and residents’ interest in preserving the residential characteristics of residential neighborhoods and providing opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled; and WHEREAS, the intent of this ordinance is to extend the distance requirements codified by Ordinance No. 6493 to other quasi-residential facilities in order to preserve the character of single- family residential neighborhoods and to further the purposes of FEHA, FHAA and the Lanterman Act by providing standards and regulations to: (1) limit impacts by reducing noise and traffic, preserve safety and provide adequate parking; (2) provide an accommodation for disabled persons that is reasonable and actually bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (3) ensure comfortable living environments that will enhance the opportunity for disabled persons and recovering addicts to be successful in their programs; and WHEREAS, a 300-foot distance requirement between licensed and non-state licensed community care facilities, transitional and supportive housing and other quasi-residential facilities is appropriate as it is consistent with State Law, which states that there is an overconcentration of certain state-licensed community care facilities if such facilities are separated by a distance of 300 feet or less; and WHEREAS, a 800-foot distance requirement between quasi-residential facilities, Sober Living Homes and AODs are appropriate and consistent with an average block length of a typical residential neighborhood in the City and provides a reasonable market for the operation of such facilities while preventing overconcentration; and WHEREAS, even with the separation requirements, this ordinance provides non-state licensed community care facilities and Sober Living Homes with preferential treatment in that non-disabled individuals in a similar living situation (i.e. boarding house) cannot reside in single family residential zones; and WHEREAS, this ordinance provides a mechanism for quasi-residential facilities to seek additional accommodation upon making a showing, as required by state and federal law, that such additional accommodation is reasonably necessary to afford the disabled the right to use and enjoy a dwelling in a manner similar to that enjoyed by the non-disabled; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for 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 “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the Planning Commission of the City of Anaheim, at its March 15, 2021 public hearing, recommended, by motion, that the City Council determine that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA 4 Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council hereby finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council determines that this ordinance is a matter of City-wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18.16.058 (Community Care Facilities-Unlicensed (Small) and Sober Living Homes (Small)) of Chapter 18.16 (Regulatory Permits) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.16.058 COMMUNITY CARE FACILITIES – UNLICENSED (SMALL) AND SOBER LIVING HOMES (SMALL). .010 Permits Required. .0101 Operator's Registration. Any person desiring to operate a Sober Living Home (Small) that holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Registration in compliance with the provisions of this section. .0102 Operator's Permit. Any person desiring to operate a Community Care Facility - Unlicensed (Small), or a Sober Living Home (Small) without a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department shall first obtain an Operator's Permit in compliance with the provisio ns of this section. All such applications shall be referred to the Chief of Police (or his or her designee), who shall conduct all necessary investigations. .020 Application Requirements. All applications for Operator's Registration and Operator's Permit shall be submitted on forms approved by the Planning Director. The application shall be signed and submitted by the owner/operator of the facility and filed with the Planning and Building Department, and shall include all applicable fee or deposit as approved and set by resolution of the City Council. .030 Permit Issuance. .0301 Operator's Registration. Upon receipt of a written application for an Operator's Registration, the Planning Director (or his or her designee) shall conduct a review. An Operator's Registration application shall be issued if the applicant provided all required information and is in compliance or has agreed to comply with Section 18.38.123 of this Code. .0302 Operator's Permit. Upon receipt of a written application for an Operator's Permit, the Planning Director (or his or her designee) shall conduct a review and the Chief of Police (or his or her designee) shall conduct an investigation to ascertain compliance with 5 subsection 18.16.058.04.0403 of this section. An Operator's Permit application shall be issued if the Chief of Police recommends issuance of the permit, the applicant provided all required information, and is in compliance or has agreed to comply with this section and Section 18.38.123 of this Code. .040 Permit Denial and Revocation. .0401 In addition to the grounds for permit revocation specified in Section 18.16.040 of this chapter, an Operator's Registration and an Operator's Permit application shall be denied or revoked if any of the following circumstances exist: .01 Any owner/operator or staff person of the facility has provided materially false or misleading information on the application or omitted any pertinent information. .02 The owner/operator or staff person of the facility accepts residents, other t han a house manager or staff, who are not handicapped as defined by the FHAA and FEHA. .03 The facility does not comply with the applicable separation requirements specified in Section 18.38.123.020.0205. (a) Exceptions. (1) If a Community Care Facility - Licensed or, an Alcohol or Drug Abuse Recovery or Treatment Facility, a Transitional Housing, a Supportive Housing, a Senior Living Facility, or a Short-Term Rental moves within the required separation distance of an existing Community Care Facility - Unlicensed (Small) or an existing Sober Living Home (Small) with a valid Operator's Registration or an Operator's Permit, this shall not cause the revocation of existing facility's Operator's Registration or Operator's Permit. (2) A Community Care Facility – Unlicensed (Small) or a Sober Living Home (Small) that has been in existence prior to effective date of this ordinance shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance, which is April 27, 2021. If a new, subsequent Operator's Registration or Operator's Permit is required for an existing facility that was granted the exemption from the separation requirement due to change in circumstances, such exemption shall become null and void and the facility shall be required to comply with applicable separation requirement. .04 The owner/operator or staff person of a Sober Living Home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents. .05 For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations. .0402 Additional grounds for denial or revocation of an Operator's Registration. .01 The Sober Living Home does not have or no longer holds a valid Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department. .0403 Additional grounds for denial or revocation of an Operator's Permit. .01 Any owner/operator or staff person of the facility has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. .02 Any owner/operator or staff person of the facility has been convicted of or pleaded nolo contendere, within the previous five (5) years for an owner/operator or within the previous three (3) years for a staff person, to any of the fo llowing offenses: 6 (a) Any offenses in violation of California Penal Code Sections 186.10(a), 186.10(b), 236.1(a), 236.1(b), 236.1(c)(2), 240 to 248, 266h, 266i, 314, 315, 316, 318, 368, 484, 484.1, and Subsections (a) or (b) of Penal Code Section 647, as may be amended. (b) Any sex offense for which the person is required to register as a sex offender under California Penal Code Section 290, as may be amended. (c) Arson offenses in violations of Penal Code Sections 451- 455, as may be amended. (d) Violent felonies, as defined in Penal Code Section 667.5, as may be amended, which involve doing bodily harm to another person. (e) Any offenses in violation of California Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, as may be amended. .03 Any owner/operator or staff person of the facility is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. .0404 If a facility has obtained a reasonable accommodation pursuant to Section 18.62.090 to deviate from requirements of Section 18.38.123, such approved deviat ion shall not be a cause for a denial or revocation of the facility's permit. .050 Changes to Operator's Registration and Operator's Permit. .501 If any of the information submitted on the original application changes, such as any personnel changes (i.e. owner/operator of the facility, employees and staff including house manager), the current or new owner/operator of the facility shall notify the Planning Director of such change within ten (10) business days thereafter, in writing, which may require additional review and fee. .502 The owner/operator of a Sober Living Home with an Operator's Registration shall notify the Planning Director if there is any changes to the status of the facility's Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department (i.e. renewals, expirations, revocations) within ten (10) business days of such change. .060 Sale or Transfer of Operator's Registration and Operator's Permit. No Operator's Registration or Operator's Permit issued hereunder may be sold, transferred or assigned by a permittee, or by operation of law, to any other person(s), entity, or facility. Any such sale, transfer or assignment, or attempted sale, shall be deemed to constitute a voluntary surrender or such permit and such permit shall thereafter be null and void. A change in owner/operator of the facility shall require a new application for an Operator's Registration or an Operator's Permit. .070 Operator's Registration and Operator's Permit Expiration. .0701 The Operator's Registration and the Operator's Permit shall expire and be of no further force or effect if after establishment, the use or activity for which the permit was approved is discontinued or abandoned for a period of six (6) months. .0702 The Operator's Registration shall automatically expire and be of no further force or effect if after establishment, the Orange County Adult Alcohol and Drug Sober Living Facilities Certification issued by the Orange County Sheriff's Department for the facility is expired or revoked. .080 Operational Standards. All facilities subject to this section shall comply with all operational standards specified in Section 18.38.123 of this Code, unless otherwise permitted by this Code. .090 Existing Facilities. Facilities existing prior to effective date of regulations set forth in this section shall comply with the following: 7 .0901 Existing facilities shall apply for the Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of regulations set forth in this section. .01 If an existing facility is seeking an exemption from the applicable separation requirement as specified in Subsections 18.38.123.020.0205.03 and 18.16.058.040.03.a.(2), such facility shall provide necessary evidence demonstrating that the facility has been in existence prior to the effective date of this ordinance, to the satisfaction of the Planning Director. .0902 Existing facilities shall have one (1) year from the effective date of the regulations set forth in Sections 18.16.058 and 18.38.123 to comply with their provisions. .0903 Existing facilities obligated by a written lease exceeding one (1) year from the effective date of the ordinance, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to two (2) additional years grace period pursuant to approval of an Operator's Permit. .0904 If an Oper ator's Registration or Operator's Permit submitted for existing facilities is denied pursuant to this section, such facility shall be deemed unlawful and shall seize its operations immediately after a denial of the Operator's Registration or Operator's Permit is issued. SECTION 2. That Section 18.38.123 (Community Care Facilities-Unlicensed and Sober Living Homes) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.123 COMMUNITY CARE FACILITIES – UNLICENSED AND SOBER LIVING HOMES Uses classified as Community Care Facilities–Unlicensed (Small), Community Care Facilities–Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section. .010 Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility–Unlicensed and a Sober Living Home, regardless of size, within the City wit hout first obtaining a valid permit. .020 Operational Standards. .0201 Number of Residents. .01 Community Care Facilities–Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded. .02 Community Care Facilities–Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all unit s shall be combined to determine the total number of residents. .0202 The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose. .0203 The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will 8 be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility. .0204 Parking. .01 All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times. .02 All vehicles shall be operable and be parked on-site. .0205 Separation requirements. .01 Community Care Facility–Unlicensed. a. Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any of the following facilities: other (1) Community Care Facility, Unlicensed, regardless of size; (2) or Community Care Facility, Licensed, regardless of size; (3) Senior Living Facility, regardless of size; (4) Transitional Housing (Large); (5) Supportive Housing (Large); and (6) Short -Term Rental Unit b. In addition, such facility, r egardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property line, of any of the following facilities: (1) Alcohol or Drug Abuse Recovery or Treatment Facility, regardless of size; and (2) Sober Living Home, regardless of size .02 Sober Living Home. Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any of the following facilities: other a. Sober Living Home, regardless of size; b. or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size; c. Community Care Facility, Licensed, regardless of size; d. Community Care Facility, Unlicensed, regardless of size; e. Senior Living Facility, regardless of size; f. Transitional Housing (Large); g. Supportive Housing (Large); and h. Short -Term Rental Unit .03 Exceptions. a. A Community Care Facility–Unlicensed (Small) or a Sober Living Home (Small), which has been in existence prior to effective date of this ordinance, shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance, which is April 27, 2021. b. A Community Care Facility-Unlicensed (Large) or a Sober Living Home (Large), which obtained an approval of a Conditional Use Permit prior to effective date of this ordinance, shall not be subject to the applicable separation requirement. .0206 All facilities shall not provide "Care and supervision" to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended. 9 .0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning .0208 The property shall be fully in compliance with all building codes, codified ordinances, and this Code. .0209 Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 Intake procedures .02 Facility rules and regulations .03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. .04 Eviction and involuntary termination procedures, which, at minimum, ensure the following: a. Notification to the resident's emergency contact or contact of record. b. Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment. c. Provision of the information obtained regarding services ava ilable to the resident and any other treatment provider or service to the resident prior to his or her release. d. Provision of transportation to the address listed on the resident's driver license, state-issued identification card, or the permanent address identified in the resident's application or referral to the other community care facilities, sober living homes, or similar facilities. .0210 In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies: .01 An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery programs located off- site. The sober living home operator shall maintain current records of program attendance. .02 A visitation policy that preclude any visitors who are under the influence of any drug or alcohol. .03 Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit. .0211 Refusal to comply with the facility's rules and regulations, as provided in the required written policies listed in Subsections 18.38.123.20.0209 and/or 18.38.123.20.0210 of this section, shall be a cause of eviction. .0212 The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing 10 herein shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information. .0213 Exception. Community Care Facilities, Unlicensed and Sober Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation). SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM 11 By: _________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 139249 / LM CITY COUNCIL AGENDA REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE:SEPTEMBER 15, 2020 FROM:PLANNING AND BUILDING DEPARTMENT SUBJECT:UNLICENSED COMMUNITY CARE FACILITIES AND SOBER LIVING HOMES ZONING CODE AMENDMENT ATTACHMENTS (Y/N): YES ITEM # 23 RECOMMENDATION: That the City Council, by Motion, introduce an ordinance to: 1)Amend Title 18 (Zoning) of the Anaheim Municipal Code to provide standards and regulations for unlicensed community care facilities and sober living homes that are not operating as a single housekeeping unit; and 2) Determine that the proposed Zoning Code Amendment is not subject to the California Environmental Quality Act under Sections 15060 (c)(2) and 15060(c)(3), and also categorically exempt under Section 15301. DISCUSSION: Staff proposes that the City Council introduce the attached draft ordinance (Attachment 1) to provide standards and regulations for unlicensed community care facilities and sober living homes that are not operating as a single housekeeping unit. The proposed ordinance requires changes to multiple chapters of Title 18 (Zoning) of the Anaheim Municipal Code (Code) to provide internal consistency. Attachment 2 shows the red-line changes from the existing Zoning Code. Staff prepared the proposed ordinance based on similar ordinances already enacted by the cities of Costa Mesa, Laguna Niguel and Huntington Beach; and the County of Orange. At its August 3, 2020 meeting, the Planning Commission reviewed and recommended City Council approval of the proposed zoning code amendment on a 4-3 vote, with Commissioners Keys, Mulleady and White being the dissenting votes. In recent years, many cities and counties in California have seen an increase in the number of residential care facilities in single-family residential neighborhoods. State law requires that homes providing care and supervision and/or detoxification services, such as community care facilities and alcohol or drug abuse recovery or treatment facilities, obtain and maintain licenses with appropriate State agencies. State law requires cities and counties to treat State licensed community care facilities and alcoholism or drug abuse recovery or treatment facilities serving six or fewer disabled residents as a single-family residential use, and allow them by right in residential districts. State law allows cities and counties to require a conditional use permit for licensed facilities with over six residents. ATTACHMENT NO. 3 Zoning Code Amendment No. 2020-00170 September 15, 2020 Page 2 of 7 In contrast, the State does not regulate or license other supportive living facilities, commonly known as group homes and sober living homes, which do not provide any services or treatments. Group homes are residential homes that provide a supportive living environment for persons considered as handicapped under State or federal law; this staff report and the draft ordinance refer to group homes as unlicensed community care facilities. Sober living homes provide residential accommodation to those persons who are recovering from an alcohol or drug addiction. Unlicensed community care facilities and sober living homes cannot provide any services or treatments (i.e. care and supervision, detoxification, counseling). There is no specific State law that requires cities and counties to treat unlicensed community care facilities and sober living homes, which do not provide services or treatments, regardless of the number of residents, as a single-family residential use. However, pursuant to Federal Fair Housing Act Amendments (“FHAA”), the California Fair Employment Housing Act (“FEHA”), and the Lanterman Developmental Disabilities Services Act (“Lanterman Act”), cities and counties are required to make reasonable accommodations in zoning laws when such accommodation is reasonably necessary to provide people with disabilities the opportunity to enjoy a residential dwelling. The core purpose of the FHAA, FEHA and Lanterman Act is to provide a broader range of housing opportunities to people with disabilities and to free them from institutional style living to the extent possible. In addition, these laws ensure that people with disabilities have the opportunity to live in normal residential surroundings and to use and enjoy a dwelling in a manner similar to the way that people without disabilities would enjoy said dwelling. In 2014, the Costa Mesa City Council adopted a zoning ordinance to regulate “unlicensed” group homes and sober living homes serving six or fewer persons. Per the adopted ordinance, Costa Mesa requires a ministerial permit and a background check for all applicants, and requires such facilities to comply with a number of operational standards, such as a requirement for a 24-hour house manager, parking controls, and a separation requirement of 650 feet for sober living homes. After its adoption, a number of sober living home operators and industry trade groups filed several lawsuits against the City of Costa Mesa, arguing that such ordinance was discriminatory and in violation of the FHAA and FEHA; however, the City of Costa Mesa has recently received a number of favorable rulings in these lawsuits, which reaffirmed the validity of City of Costa Mesa’s ordinance. In light of these recent rulings, the City of Laguna Niguel and Huntington Beach, and the County of Orange recently adopted an ordinance to regulate group homes and sober living homes within single-family residential zones in a similar manner as Costa Mesa. The notable differences are that all three jurisdictions require a 1,000 foot separation instead of 650 foot separation, and that County of Orange and City of Laguna Niguel rely on self-certification instead of requiring a background check. In Orange County, there are two voluntary non-State certification/registration programs available for sober living homes. The Orange County Sheriff’s Department (OCSD) and the California Consortium of Addiction Programs and Professionals (CCAPP) administer these two programs. The OCSD provides certification of sober living homes based on its Adult Alcohol and Drug Sober Living Facilities Certification Guidelines (see Attachment 3). OCSD certification requires compliance with these guidelines and includes an application process that consists of a background check of all staff, review of facility rules and policies (i.e. intake procedures, alternative referral policies, relapse policy) and inspections. CCAPP provides registration of sober living homes based on its Certified Recovery Residence Standards (see Attachment 4). Zoning Code Amendment No. 2020-00170 September 15, 2020 Page 3 of 7 CCAPP requires applicants to submit liability insurance and to self-certify compliance with the CCAPP Sober Living Environment Code of Conduct (included in Attachment 4); however, unlike OCSD, registration with CCAPP does not require a background check of all staff, review of facility rules and policies (i.e. intake procedures, alternative referral policies, relapse policy) and inspections. As shown in Attachment 5, the City is currently home to more than 100 State licensed community care facilities that house six or fewer persons, under the State’s categories of adult residential care facility and residential care facility for elderly. In addition, there are 15 State licensed and/or certified alcoholism and drug abuse recovery or treatment facilities, and six sober living homes certified by OCSD’s voluntary program. Additionally, staff estimates that there are approximately 154 possible unlicensed community care facilities and sober living homes within the City, based on the City’s Business License and Code Enforcement databases. However, the exact number of these facilities is unknown, as the City does not currently have a mechanism to track unlicensed community care facilities and sober living homes. Single family homes used for unlicensed community care facilities and sober living homes may function more as an institutional or commercial use rather than a typical family or a household (aka “Single Housekeeping Unit”) and may create unique problems that are typically not associated with traditional single-family uses. To help clarify the meaning of a Single Housekeeping Units, the draft ordinance includes the following definition: “Single Housekeeping Unit." A non-transient group of persons jointly occupying a single dwelling unit, including the use of common areas, for the purpose of sharing household activities and responsibilities such as meals, chores and expenses. If the dwelling is rented, each adult resident is named on and is a party to a single written lease that gives each resident joint use and responsibility for the premises. The membership of the household is determined by the residents, not by a landlord, property manager or other third party. Other typical factors that indicate a household operating as a Single Housekeeping Unit may include, but not limited to, the following: the residents do not have separate and private entrances from other residents; the residents do not have a separate secured food facilities such as separate refrigerators or food-prep areas; the household is strictly resident-run; there is no care or supervision provided by a third-party or a paid resident/house manager at the dwelling unit or on the property. In addition to clarifying what a Single Housekeeping unit is, the proposed draft ordinance also clarifies the definitions for uses other than unlicensed community care facilities and sober living homes that don’t meet the definition of a Single Family Housekeeping Unit, such as “Boarding House,” “Convalescent & Rest Homes,” and “Senior Living Facility.” These changes also distinguish between State licensed and unlicensed facilities, along with other minor clarifications, in order to clearly distinguish between different types of residential facilities. In addition, the amendment would modify various chapters of the Zoning Code, including certain specific plans, to update the existing land use tables to reflect the changes to the Type of Uses described above. Attachment 6 provides a list of the Types of Uses and Definitions and the proposed changes. Staff did not intend for these changes to regulate a group of people that live together in a sober living environment as a Single Housekeeping Unit, only homes that do not operate as a Single Housekeeping Unit. Zoning Code Amendment No. 2020-00170 September 15, 2020 Page 4 of 7 Like many cities in Orange County, the City has been receiving continuous resident complaints regarding operation of facilities and sober living homes. Reported concerns include overcrowding, increased demand for parking, and noise. Because the Code currently does not provide specific regulations for such facilities, the City’s ability to effectively address said impacts has been limited, and as stated above, the City currently does not have a mechanism to accurately track locations and numbers of these facilities. These limitations resulted in many community members, along with Mayor Pro Tem Faessel and Council Members Moreno and O’Neil, expressing the need to provide appropriate standards and regulations for such unlicensed community care facilities and sober living homes, similar to Costa Mesa’s ordinance. The proposed ordinance is intended to strike a balance between the City’s and residents’ interest in preserving the residential characteristics of residential neighborhoods and providing opportunities for the disabled to reside in residential zones that are enjoyed by the non-disabled. The proposed ordinance provides an accommodation for disabled persons that is reasonable and bears some resemblance to the opportunities afforded non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood. It also requires reasonable standards to unlicensed community care facilities and sober living homes to ensure quality living environment for the disabled. In addition, the draft ordinance would reduce potential secondary impacts of such unlicensed community care facilities and sober living homes in single-family residential neighborhoods. This ordinance exempts any unlicensed community care facilities or sober living home that operates as a Single Housekeeping Unit, and only applies to those facilities that do not operate as a Single Housekeeping Unit. Also, the proposed ordinance provides the means for the City to keep an inventory of unlicensed community care facilities and sober living homes. Proposed Permitting Process The proposed ordinance would continue to permit unlicensed community care facilities and sober living homes with six or fewer residents to locate in residential zones. However, all unlicensed community care facilities and sober living homes that are not a Single Housekeeping Unit would be required to obtain a ministerial Regulatory Permit prior to commencing operations. The City would continue to allow licensed and unlicensed community care facilities and sober living homes with seven or more residents, in locations where the Zoning Code allows such use, subject to review and approval of a conditional use permit. A table with a detailed summary of the proposed permitting process for unlicensed community care facilities and sober living homes is Attachment 7. Attachment 8 shows the proposed draft application forms and submittal requirements. In summary, there are two types of permit proposed: An Operator’s Registration would be required for sober living homes with OCSD certification. As described earlier in this report, in Orange County, there are two voluntary non-State certification/registration programs available for sober living homes OCSD and CCAPP. Staff selected OCSD certification over CCAPP registration because OCSD requires a more thorough application, which includes a background check. An Operator’s Permit would be required for all other unlicensed community care facilities and sober living homes. Owner/operator and staff members of the facility applying for an Operator’s Permit would be subject to a background check from the City’s Police Department. Zoning Code Amendment No. 2020-00170 September 15, 2020 Page 5 of 7 Staff would use certain criteria to deny or, if already issued, revoke Operator’s Registrations and Operator’s Permits, such as provision of false information, incompliance with the operational standards, and violation of the established conditions related to past criminal and employment history. The criterion related to past criminal and employment history would not apply to the Operator’s Registration, as OCSD is the entity that conducts the background check with its own conditions related to past criminal and employment history. Once issued, both permits are not subject to a renewal requirement. However, both permits are not transferrable to any other person, entity or facility; as such, a new Operator’s Registration or Operator’s Permit would be required if a new owner or a new facility is proposed to take over an existing facility, even if the existing facility was issued a valid permit. Also, both permits would expire automatically after six months of inactivity. Operators of all existing unlicensed facilities and sober living homes would be required to apply for the applicable permit within 180 days of the effective date of the ordinance and must comply with all provisions of the Code within one year of the effective date of the proposed ordinance. The proposed ordinance would allow the City to grant extensions for the required compliance period of up to two-years, based on an existing lease term and/or financial hardship. Proposed Operational Standards All unlicensed community care facilities and sober living homes, regardless of number of residents, would be required to comply with various operational standards. Facilities may seek relief from the strict application of these operational standards by submitting a request setting forth specific reasons as to why accommodation over and above is necessary under State and Federal laws, pursuant to Section 18.62.090 of the Zoning Code (Request for Reasonable Accommodation). A table with a detailed summary of the proposed operational standards for unlicensed community care facilities and sober living homes is Attachment 9. Notable operational standards include requirement of a house manager, parking controls, and separation requirements. To ensure orderly operation, the facility must have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis, or who will be available 24 hours a day, 7 days a week to physically respond within 45 minutes notice and who are responsible for the day-to-day operation of the facility. All vehicles associated with these facilities must be operable and parked on-site, and all driveways, garages and on-site parking areas must be available for vehicle parking, in order to reduce potential impacts on neighborhood parking. Since overconcentration of these facilities may lead to institutionalization and commercialization of residential neighborhoods, all unlicensed community care facilities and sober living homes would be subject to certain separation requirements. Unlicensed community care facilities would be subject to a 300-foot separation requirement, consistent with the State Law regulations for State-licensed community care facilities. Sober living homes would be subject to a larger separation requirement of 800-feet. Sober living homes present the potential for additional problems beyond those typically associated with unlicensed community care facilities due to their unique nature of providing housing to a population that is highly independent from each other. Since 800 feet is consistent with an average block length of a typical residential neighborhood in the City, this requirement still provides a reasonable market for the Zoning Code Amendment No. 2020-00170 September 15, 2020 Page 6 of 7 purchase/lease and operation of a sober living home in the City while preventing overconcentration of sober living homes. However, in order to prevent unnecessary displacement of existing residents, these separation requirements would be waived for existing facilities if such facilities apply for applicable Regulatory Permit within 180 days of the effective date of the ordinance. However, if a new, subsequent Operator’s Registration or Operator’s Permit is required for an existing facility, which the City previously granted the exemption from the separation requirement due to change in circumstances, this exemption would become null, and void and the facility would be required to comply with applicable separation requirement. Planning Commission Review On July 6, 2020, the Planning Commission was scheduled to hold a public hearing to consider the proposed ordinance; however, the Planning Commission continued the public hearing to August 3, 2020 in consideration of continuance requests received from representatives of Lighthouse Treatment Center and CCAPP, and to allow staff time to work with these stakeholder groups regarding their concerns. Staff continuously communicated with, and held a meeting with these stakeholder groups on July 20, 2020, to further discuss their concerns. The stakeholder groups emphasized the uniqueness of sober living homes and the important role they play in assisting individuals in their recovery process, and urged the City to utilize CCAPP’s registration program. Also, the group questioned the legal validity of the proposed draft ordinance and potential impacts of the proposed ordinance on existing facilities. Staff, including the City Attorney’s Office, have reviewed the concerns expressed and made a number of changes to the proposed standards that addressed a number of the concerns raised by the stakeholder groups. The draft ordinance presented at the August 3, 2020 Planning Commission meeting included these changes. At the August 3, 2020 meeting, the Planning Commission recommended approval of the proposed zoning code amendment to City Council on a 4-3 vote, with Commissioners Keys, Mulleady and White being the dissenting votes. Commissioners Keys and Mulleady raised concerns about not requiring that a house manager be on site on a 24-hour basis, while Commissioner White expressed that a requirement for a house manager to be on site on a 24- hour basis or available within 45 minutes on a 24-hour basis is overly restrictive. In recommending approval of the proposed Zoning Code amendment to the City Council, the Planning Commission directed staff to add clarifying languages to the draft ordinance pertaining to existing facilities. The draft ordinance attached to this report reflects the clarifying languages directed by the Planning Commission, along with additional changes made by staff in response to comments submitted by Lighthouse Treatment Center during the August 3, 2020 Planning Commission meeting. The July 6, 2020 and August 3, 2020 Planning Commission staff reports are included in this report as Attachments 10 and 11, respectively. Recommendation Staff recommends that the City Council introduce the attached draft ordinance to amend the Zoning Code to provide standards and regulations for unlicensed community care facilities and sober living homes that are not operating as a Single Housekeeping Unit. As described above, the proposed regulations and standards would ensure a quality living environment for the residents of such facilities while preserving the residential characteristics of surrounding neighborhoods in which such facilities are located. In addition, the proposed amendment furthers Zoning Code Amendment No. 2020-00170 September 15, 2020 Page 7 of 7 the purpose of the FEHA, FHAA and the Lanterman Act by allowing these facilities to be located in residential neighborhoods, providing people with disabilities with the opportunity to enjoy a dwelling in a manner similar to that enjoyed by people without disabilities. When operated responsibly, unlicensed community care facilities and sober living homes provide a societal benefit by providing people with disabilities the opportunity to live in residential neighborhoods, as well as providing support for individuals attempting to overcome their drug and alcohol addictions. Environmental Impact Analysis: The Planning Commission has determined that this action is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State CEQA Guidelines. In addition, Planning Commission found that the effects of the proposed ordinance and the issuance of the Operator’s Registration and Regulatory Permit and are typical of those generated within the Class 1, Existing Facilities, Categorical Exemption, and therefore, the proposed project is categorically exempt from the provisions of CEQA. IMPACT ON BUDGET: Funding to process and implement this Code amendment is included in the Planning & Building Department’s FY 2020/21 General Fund budget, as part of the department’s on-going work program to update the City’s Zoning Code as deemed necessary. Respectfully submitted, Ted White Planning and Building Director Attachments: 1.Draft Ordinance 2.Red-lined Draft Ordinance 3.OCSD Certification Guidelines 4.CCAPP Recovery Residence Standards and Registration Application 5.Map of Existing Community Care Facilities 6.Summary of Proposed Changes to Types of Uses and Definitions 7.Summary of Proposed Regulatory Permit Processes 8.Draft Regulatory Permit Applications 9.Summary of Proposed Operational Standards 10.July 6, 2020 Planning Commission Staff Report (without attachments) 11.August 3, 2020 Planning Commission Staff Report (without attachments) SUMMARY OF EXISISTING PERMITTING PROCESS FOR UNLICENSED COMMUNITY CARE FACILITIES AND SOBER LIVING HOMES WITH SIX OR FEWER PERSONS Homes that are operated as “Single Housekeeping Unit” are exempted CATEGORIES REGULATORY PERMIT PROCESS Required Permit Operator’s Registration Operator’s Permit Sober Living Homes certified by the Orange County Sheriff’s Department (OCSD) All other unlicensed Community Care Facilities and Sober Living Homes Type of Permit Regulatory Permit (Ministerial) Background Checks No Yes Required Public Notice/Hearing None Grounds for Permit Denial or Revocation Applicable to Both Permits •Provision of false information •Acceptance of residents who are not handicapped •Repeated violations for applicable regulations and standards •Failure to remove residents who are not complying with house rules and policies •Incompliance with required operational standards in Chapter 18.38 Additional Grounds for Permit Denial or Revocation •Expiration/Revocation of OCSD’s certification • Owner/Operator’s employment, criminal and/or alcohol and drug abuse history (5 years for owners, 3 years for employees) Existing Facilities •Must apply for a Regulatory Permit by April 27, 2021 (within 180 days of the effective date of the adopted ordinance) •Must comply with all provision of the code within 1 year from the effective date or the ordinance •Exception: up to two year extension may be granted based on existing lease term and/or financial hardship Expiration •Both Permits: Expires automatically after 6 months of inactivity •Operator’s Registration: Expires if OC Sheriff’s certification expires or gets revoked Transferability Permit is not transferable to any other person, entity or facility Amendments Applicant must provide a written update if there is any changes to the information provided in the original permit application – 10 days, including renewal, expiration, or revocation of OCSD’s certification, if applicable ATTACHMENT NO. 4 SUMMARY OF EXISTING OPERATIONAL STANDARDS FOR ALL UNLICESNED COMMUNITY CARE FACILITIES AND SOBER LIVING HO MES Homes that are operated as “single housekeeping unit” are exempted CATEGORIES OPERATIONAL STANDARDS Maximum Number of Occupants •Community Care Facilities – Unlicensed (Small) and Sober Living Homes (Small): Six (6) plus one (1) house manager • Community Care Facilities – Unlicensed (Large) and Sober Living Homes (Large): At least seven (7) residents with one (1) house manager Required Management A house manager must be on site on a 24-hour basis; or A house manager who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice Parking Requirements All vehicles must be operable and parked on-site. Driveways, garages, and on-site parking areas must be available for vehicle parking Separation Requirements* •Sober Living Homes: A minimum of 800 ft. required from any other Sober Living Home or a State licensed Alcoholism or Drug Abuse R ecovery or Treatment Facility •All other Community Care Facilities: A minimum of 300 ft. required from any other Community Care Facilities (both unlicensed/licensed) Other Requirements •ADUs cannot be used as a Community Care Facility/Sober Living Home unless the primary dwelling is used for the same purpose •Number of residents in all units within the property including ADUs are combined to determine the total number of residents •The facilities cannot provide “Care and Supervision” defined by Health and Safety Code nor services related to detoxification/recovery as defined in Section 10501(a) of Title of CA Code of Regulations •Must comply with all building, municipal and zoning codes •Owners/operators are required to certify under penalty of perjury that the facility will implement written procedures/policies on the following: o Intake procedures o Facility rules and regulations o Good neighbor policy o Eviction/involuntary termination procedures Additional Requirements for Sober Living Homes •Owners/operators are required to certify under penalty of perjury that the facility will implement written procedures/policies on the following: o Active program participation policy o Visitation policy o Controlled substance policy related to alcohol and non-prescription drugs *Existing facilities would be exempt from the separation requirements if they apply for the applicable permit by April 27, 2021 (within 180 days from the effective date of the ordinance). However, if a new, subsequent permit is required for an existing facility that was granted the exemption from the separation requirement due to change in circumstances, this exemption would become null and void and the facility would be required to comply with applicable separation requirement. ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.