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Resolution-PC 2001-159~ RESOLUTION NO. PC2001-159 ~ A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION DETERMINING, AND RECOMMENDING THAT THE CITY COUNCIL DETERMINE, THAT THE PREVIOUSLY APPROVED POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION TOGETHER WITH THE ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION DATED OCTOBER 29, 2001, INCLUDING MODIFIED MITIGATION MONITORING PLAN NO. 004, ARE ADEQUATE TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE PROPOSED PROJECT ACTIONS WHEREAS, in conjunction with approval of The Disneyland Resort Specific Plan No. 92- 1 and General Plan Amendment No. 331, the City Council on June 22, 1993 certified Final Environmental Impact Report No. 311 (the "Final EIR"), adopted a statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program ("MMP") No. 0067 in compliance with the California Environmental Quality Act (CEQA); that the Final EIR addresses the environmental impacts and mitigation measures associated with the development of The Disneyland Resort and associated actions; and that MMP No. 0067 ensures compliance with the adopted mitigation measures; and WHEREAS, in conjunction with approval of the project actions associated with the Pointe Anaheim Lifestyle Retail and Entertainment Complex (the "Pointe Anaheim projecY') consisting of General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1, Ar~€ndFn~n~-to Tk~ -e-Anaheim F2esort Public Realm Landscape Program, Conditional Us~ Permit No. 4078 and Development Agreement No. 99-1 with Pointe Anaheim, LLC, the City Council on June 22, 1999, by its Resolution No. 99R-133, approved the Mitigated Negative Declaration and the Mitigation Monitoring Plan No. 004 for the Pointe Anaheim project, and determined their adequacy to serve as the required environmental documentation for the project actions; and WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for Entertainment, LLC, as authorized agent for Excel Pointe Anaheim, LLC, submitted a request dated March 12, 2001, that the Planning Commission initiate General Plan Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1, Amendment to Conditional Use Permit No. 4078 and other related actions pertaining to the Pointe Anaheim project, as proposed to be modified including development in up to five phase, on property within the Specific Plan not owned by Excel Pointe Anaheim, LLC; and WHEREAS, the Planning Commission, by its Resolution No. PC2001-41, duly initiated General Plan Amendment No. 2001-00393, Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1, Amendment to Conditional Use Permit No. 4078 and other related actions at its regularly scheduled meeting on April 9, 2001; and WHEREAS, pursuant to Chapter 18.93 of the Anaheim Municipal Code, Robert H. Shelton, Anaheim Center for Entertainment, LLC, as authorized agent for Excel Pointe Anaheim, LLC, submitted requests on October 29, 2001 for Generai Plan Amendment No. 2001-00393, Amendment iVo. 5 to The Disneyland Resort Specific Plan No. 92-1, Amendment to Conditional Use Permit No. 4078, a request for the City of Anaheim to enter into the First Amended and Restated Development Agreement No. 99-1 with Excel Pointe Anaheim, LLC, and Amendment No. 3 to The Anaheim Resort Public Realm Landscape Program, which "Proposed Project Actions" address the Pointe Anaheim project as it is proposed to be modified, including development in up to five phases; and CR5241 PK.DOC -1- PC2001-159 . • WHEREAS, CEQA and CEQA Guidelines establish the type of environmental documentation which is required when changes to a project occur after an EIR is certified; that Section 15164 of the CEQA Guidelines establishes the use of an Addendum as subsequent environmental documentation if some changes or additions to the Final EIR are necessary but none of the conditions described in Section 15162 calling for preparation of a supplemental or subsequent EIR have occurred; and WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, in the City of Anaheim on November 19, 2001, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against the Proposed Project Actions and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That in conjunction with approval of The Disneyland Resort Specific Plan No. 92-1, the City Council, on June 22, 1993, certified Final Environmental Impact Report No. 311 (State Clearinghouse No. 91051055), adopted a Statement of Findings and Facts and a Statement of Overriding Considerations and adopted Mitigation Monitoring Program (MMP) No. 0067 in compliance with the California Environmental Quality Act; and that the Final EIR analyzed the environmental effects resulting from development of The Disneyland Resort Specific Plan, including development of the Pointe Anaheim project area at the density currently provided for in The Disneyland Resort Specific Plan; and that MMP No. 0067 included measures to mitigate the significant environmental impacts associated with the ~pecifc Plan, with the exception of impacts that were addressed in the Statement of Overriding Considerations; and that an addendum to EIR No. 311, along with modifications to MMP No. 0067, were subsequently adopted by the City Council in October 1996 in connection with the adoption of Amendment No. 3 to The Disneyland Resort Specific Plan. 2. That on June 22, 1999, the City Council approved the Initial Study/Mitigated Negative Declaration (State Clearinghouse No. 99011053), which was prepared under the City's direction for the Pointe Anaheim project; and that Mitigation Monitoring Plan No. 004 was prepared for the Pointe Anaheim project and includes applicable measures from Modified MMP No. 0067 (some of the wording for these mitigation measures was modified to reflect applicability to the Pointe Anaheim project) and also includes additional mitigation measures which are specific to the Pointe Anaheim project. 3. That in connection with the Proposed Project Actions, an Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration dated October 29, 2001 (the "Addendum") and Modified Mitigation Monitoring Plan No. 004 have been prepared; that the Addendum and its technical Appendix have been provided to the Planning Commission and are available for review in the Planning Department; that the Addendum analyzes the Proposed Project Actions as well as updates the analyses to reflect current circumstances and information in order to determine whether any significant impacts which were not identified in the Pointe Anaheim Initial Study and Mitigated Negative Declaration would result or whether previously identified significant impacts would be substantially more severe; that the Addendum also describes minor modifications to the Mitigation Monitoring Plan No. 004 which are necessary fo reflect the Proposed Project Actions (Modified Mitigation Monitorir~g Plan No. 004 9s provided as Attachment F to the Staff Report to the Planning Commission dated November 19, 2001). 4. That certain corrections to the Modified Mitigation Monitoring Plan No. 004 were incorporated into the environmental documentation at the November 19, 2001 Planning Commission hearing; and that said corrections consist of (a) correcting the Location description on the first page of the Modified Mitigation Monitoring Plan No. 004 to read: -2- PC2001-159 ~ ~ "Location: East of Harbor Boulevard, South of Disney Way, West of Clementine Street and North of Katella Avenue within District A/Pointe Anaheim Overlay and Portion of Parking District (East Parking Area)/C-R Overlay and Pointe Anaheim Overlay of The Disneyland Resort Specific Plan" and (b) correcting the second Measure on Page 3 to read: "A phasing plan shall be submitted for review and approval to the City Engineer demonstrating how the following improvements, as approved by the City Engineer, will be constructed by the property owner/developer: - Clementine StreeUPointe Anaheim driveway intersection; and - Clementine Street between Disney Way and Katella Avenue (including the median)." 5. That as demonstrated by the analysis included in the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration for all environmental issues, and based on the information provided in the project documentation and other information including the Staff Report to the Planning Commission dated November 19, 2001 and the evidence and project refinements received during the public hearing process, the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously-identified significant impacts; and, therefore, no supplemental or subsequent environmental review is required; and that staff review further indicates that the previously certified EIR 311, the Pointe Anaheim Initiat Study and Mitigated Negative Declaration, and the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration/Modified Mitigation Monitoring Plan No. 004 are adequate to serve as the required environmental documentation for the Proposed Project Actions; and that the full text of Modified Mitigation Monitoring Plan No. 004, as cor~eeted, is provid~d as-A#tachment A to #his resolution. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does determine that the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration dated October 29, 2001, and the Modified Mitigated Monitoring Plan No. 004 were prepared in compliance with the requirements of the California Environmental Quality Act and the State and City of Anaheim CEQA Guidelines; that as demonstrated by the analysis included in the Addendum for all environmental issues, the Proposed Project Actions will not result in new significant impacts or substantial increases in the severity of previously identified significant impacts and no supplemental or subsequent environmental review is required; and that the Addendum and the Modified Mitigation Monitoring Plan No. 004, as corrected, are adequate to serve as the required environmental documentation for the Proposed Project Actions based on the finding that the Addendum and the Modified Mitigation Monitoring Plan No. 004 reflect the independent judgement of the lead agency; that it has considered the Addendum and the Modified Mitigation Monitoring Plan No. 004 together with any comments and responses received during the public hearing process; and further finding on the basis of the Addendum that there is no substantial evidence that, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Plan No. 004, the project will have a significant effect on the environment THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2001. ~ ~,~ G~ CHAIRPE ON, ANAHEIM C PLANNING COMMISSION -3- PC2001-159 ~ ATTEST: SECRETARY, ANAHEI CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~ I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 19, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~d r'~ day of ~_v tx r , 2002. ~~~~~.-~.r-~_ '/ DJ'V/~htlfs[~.~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION _4_ PC2001-159 ~ ~ ~ ~ O O • N a 0 Z ~ o .,~ ~ ~ a~ ~ 0 ~ o ~ ~ ~ ~ ~ ~ o ~ .,.~ ~ ~ . ~. ~ ~ • o ~ ~ ...., ~ ~ ~ a ~ N ~ ~C G l~'.. ~ • ~ ~ O t~. U a ~ ~ 0 a. a~ a ... ~ o ~ ~ v ~ ~.5 MODIFIED MITIGATION MONITORING PLAN NO. 004 (November 19, 2001) Project : Pointe Anaheim Project Actions: General Plan Amendment No. 393 Amendment No. 5 to The Disneyland Resort Specific Plan No. 92-1 Amendment to Conditional Use Permit No. 4078 Amendment No. 3 to the Anaheim Resort Public Realm Landscape Program Amended and Restated Development Agreement No. 99-01 Location: East of Harbor Boulevard, South of Disney Way, West of Clementine Street and North of Katella Avenue within District A/Pointe Anaheim Overlay and Portion of Parking District (East Parking Area)/C-R Overlay and Pointe Anaheim Overlay of The Disneyland Resort Specific Plan ~ This Mitigation Monitoring Plan includes those mitigation measures applicable to this project from Modified Mitigation Monitoring Program No. 0067 for The Disneyland Resort Specific Plan (EIR No. 311) and additional mitigation measures as identified in the Mitigated Negative Declaration approved in conjunction with the Pointe Anaheim Project, as amended per the Addendum approved on in conjunction with the above-listed project actions modifying the project. Terms and Definitions: 1. Property Owner/Developer - Excel Pointe Anaheim, LLC 2. Project Design Features (PDF's) - Measures incorporated into the Pointe Anaheim Project by the property owner/developer with the intent of minimizing potential environmental impacts. The project design features included in this mitigation monitoring plan will be implemented as mitigation measures. 3. Environmental Equivalent/Timing - Any Projcct Design Feature or Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate a~encies or City departments, shall determine the adequacy of any proposed "environmental equivalendtiming" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with information required in order to make a determination of environmental equivalency/timing shall bc borne by thc property owner/developer. Staff time for rcviews will be!charged on a time and materials basis at thc rate in the City's adopted Fee Schedule. 4. Timing - This is the point where a miti~ation measure/project design feature must be monitored for compliance. fn the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure/project design feature must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring P n will occur, as routinc City practiccs and procedures will cnsure that the intent of thc measure/project design fcature has becn complied with. For cxample, if thc timing is, "to be shown on app building plans" subsequent to issuance of the building permit consistent with the approved plans will be final buil.ding and zoning inspections pursuant to thc building permit to ensure compliance. 5. Responsibility for Monitoring - Shall mean tliat compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. Outside public agency review is limited to those public agencies specified in the Mitigation Monitoring Plan which have permit authority in conjunction wifh the mitigation measure. 6. Ongoing n4itigation Measures - The mitigation measures that are designated to occur on an ongoing basis as part of this Mitigation Monitoring Plan will be monitored in the form of an annual letter from the property owner/developer in January of each year demonstrating how compliance with the subject rneasure(s) has been achieved. When compliance with a mitigation measure/project design feature has been demonstrated for a period of one year, monitoring of the mitigation measure/project design feature will be dcemed to be satisfied and no further monitoring will occur. For mitigation measures/project design features that are to be monitored "Ongoing During Construction", the annual letter will review those mitigation measures/project design features only while construction is occurring; monitoring will be discontinued after construction is complete. A final annual letter will be provided at the close of construction. 7. Building Permit - For purposes of this Mitigation Monitoring Plan, a building permit shall be defined as any permit issued for construction of a ne~v building or structurat expansion or modification of any existing building, but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. r~n~n~~r_n~~mm~~n-~ ~i<,~ i~c i~ii~ioi Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Timing Measure Page 2 Responsible for Monitoring LAND USE-RELATED PLANS AND POLICIES Prior to approval of the Final Site Plans (including, but not limited to, a site plan, elevation;s, landscape plans and signage plans) er and will be reviewed for consistency with ner/develo t Planning Department, Planning Division Plan p y ow shall be submitted by the proper The Disneyland Resort Specific Plan. . LAND USE COMPATIBILITY Prior to approval of the Final Site The property owner/developer shall submit plans detailing the setbacks for the parking hich minimi:ze compatibility impacts of the parking facilities l i Planning Department, Planning Division Plan ans w ng p structures and landscap on surrounding areas, consistent with Section 5.8 of The Disneyland Resort Specific Plan. Prior to issuance of the first building A pre-project study of radio transmission from the AM 1~500 Highway Advisory Radio Transmission Tower located on the Fire Station No. 3 siite shall be conducted by the property Planning Department, Planning Division permit owner/developer to determine baseline conditions for the entire Pointe Anaheim Overlay. Six months after topping out or any earlier time as determined necessary by the City of Anaheim, a follow-up study of radio tower transmissions shall be undertaken immediately by the property owner/developer. If the City of Anaheim deterrnines that the proposed project creates a significant impact on radio transmission, a signal booster relay system, tower relocation, or other solution as approved by the City of Anaheim shall be implemented by the property owner/developer as soon as practicable. TRANSPORTATION AND CIRCULATION Prior to issuance of each building Appropriate traffic signal assessment fees shall be paid by the property owner/developer to the unts determined by the City Council Resolution in effect at the time of i i h Planning Department, Building Division; Public permit n amo m e City of Ana issuance of the building permit or credit given for City-authorized improvements. Works Department, Traffic and Transportation Division Prior to approval of the first final f th The property owner/developer shall irrevocably offer for dedication (with subordination of including necessary construction easements, the ultimate rights-of-way (as easements) Planning Department, Planning Division; Public i e subdivision map or issuance o first building permit, whichever , indicated in the General Plan Circulation Element) for the following arterial highway/street half- h i Works Department, Development Services ccurs first e m: sections on or adjacent to parcels under its ownership to the City of Ana o Division a. Katella Avenue (to ultimate 8-lane facility) b. Harbor Boulevard c. Disney Way d. Clementine Street Within 120 days of acquiring If, after the initial dedications, any additional parcels are acquired by the property er adjacent to the arterial highway/street intersection half-sections included in MM l /d Planning Department, Planning Division; Public properties adjacent to arterial hiphwavs/street intersection half op eve owner 3.3-3A of Modified Mitigation Monitoring Program No. q067, the applicant shall notify the City in Works Department, ~nMMCC-MCmirir~-~ .~i~,~ M odified Mitigation Monitoring Plan No. 00 4 Page 3 Pr oject: Pointe Anaheim Responsible for 7imin 9 Measure Monitoring writing of said acquisition and the ultimate rights-of-way for said properties shall be irrevocably Development Services sections offered for dedication to the City of Anaheim. Division Prior to approval of the first grading A phasing plan shall be submitted for review and approv;al to the City Engineer demonstrating constructed by the will be roved by the City Engineer as a nts i Public Works Department, Traffic and Transportation plan , , pp , mproveme how the following Division property owner/developer: ~ - Clementine Street/Pointe Anaheim driveway irrtersection; and - Clementine Street between Disney Way and Katel~a Avenue (including the median). er l /d Planning Department Prior to issuance of each building op eve Appropriate traffic impact and improvement fees shall b~ paid by the property owner to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time , Building Division; Public permit of issuance of the building permit with credit gi~ren for City-authorized improvements provided by Works Department, Traffic the property owner/developer; and, participate un all applicable reimbursement or benefit districts and Transportation which have been established. eak te traffic at d Division Public Works Department, be shown on street improvement T p a Access roads leading up to the parking facilities shall bE sized to accommo o plans; to be implemented prior to hours, thereby substantially reducing the likelihood of backups onto City streets and freeway Design Division final building and zoning inspection ramps. for the parking structure. Prior to issuance of the first building The property owner/developer shall fully fund the implementation of the SCOOT System at the A Public Works Department, Traffic and Transportation permit venue, Haster Street/Katella Avenue intersection and along the Harbor Boulevard, Katella i Disney Way, and Clementine Street corridors in the Anaheim Resort area. The specific on Divis improvements to be implemented are identified in Table 4.3-8. Property owner/developer shall also fund the installation of SCOOT loop detectors at all 16 locations as well as the installation of new traffic signal controllers and cabinets at the eigh;t locations identified in Table 4.3-8, which will also include signal preemption for fire response vehicles. Implementation will be to the satisfaction of the City Engineer. Pavement repair, if needed to provide additional conduit, will be provided by the property owner/developer to the saCisfaction of the City Engineer. TABLE 4.3-8 LOCATIONS FOR IMPLEIV~ENTATION OF SCOOT SIGNAL SYSTEM UF'GRADE MITIGATION MEASURE Intersection Install SCOO'f Instatl 2070 Traffic Loop Detectors Signal Controller Ball & Harbor X Harbor & I-5 NB Ramps X Harbor & I-5 SB Ramps X Harbor & Manchester X i+~n,n,r~~ n~nnlCn I~_I ~i~,~~ M odified Mitigation Monitoring Plan No. 00 4 Page 4 Pr oject: Pointe Anaheim Responsible for Timin 9 Measure Monitoring Harbor & Esplanade X Harbor & Disney Way X Harbor & Katella X Katella & Clementine X ~ Katella & Haster X X Katella & I-5 SB Ramps X X Katella & I-5 NB Ramps X X Katella & Lewis X X Clementine & Disney Way X X Disney Way & i-5 SB Ramps X X Disney Way & Haster X X Disney Way & Pointe Anaheim Access X X i artment Works De P bli Prior to the first final building and on The Property owner/developer shall provide proof of participation in the Anaheim Transpo~tat , p c u Tr.affic and Transportation zoning inspection; and, Network (ATN) Division On-going during Project operations Every owner and/or lessee shall be a voting member ot the Anaheim Transportation Network (ATN), subject to the terms and provisions of the by-laws and association rules of the ATN. Every owner and/or lessee shall participate in ATN coordinated transportation demand management efforts designed to decrease traffic congestion and increase ridesharing. Every owner and/or lessee shall financially participate ~n the operation of a clean fuel shuttle system, if established. Every owner and/or lessee shall designate an on-site contact who will be responsible for coordinating with the ATN and implementing all trip mitigation measures. artment Works De bli P Prior to approval of the Final Site A Parking Structure Layout and Signing Plan demonstrating a layout of required parking spaces Traffic and Transportation the Public Works Department d t id l , p c u Traffic and Transportation Plan , o e be prov and signage shal ~ Division Manager, for review and approval. artment Works De bli P Prior to final building and zoning i d The property owner/developer will implement and administer a comprehensive Transportation Demand Management (TDM) program for all employees. Objectives of the TDM program shall , p u c Traffic and Transportation ur ng inspection; and, on-going Project operations be to increase ridesharing and use of alternative transportation modes by guests and provide a Division menu of commute alternatives for employees to reduce project-generated trips. A menu of TDM program strategies and elements for future employee commute options include, ~,,,~„~~ ~,nn~cir•n i ,i,,,• Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Timing Measure but are not limited to, the following: • Onsite Service. Onsite services, such as food, retail, and other services be provided. • Ridesharing. A computer listing of all employee members be developed for the purpose of providing a"matching" of employees with c~ther employees who live in the same geographic areas and who could rideshare. . Vanpooling. A computer listing of all employees for the purpose of matching numbers of employees who live in geographic proximity to one another and could comprise a vanpool. . Transit Pass. Southern California Rapid Transit District and Orange County Transportation Authority (including commuter rail) passes be promoted through financial assistance and onsite sales to encourage employees to use the various transit and bus services from throughout the region. • Commuter Bus. As commuter "express" bus service expands throughout the region, passes for use on these lines may be provided for employees who choose to use this service. Financial incentives be provided. • Shuttle Service. A computer listing of all employees living in proximity to the project be generated, and a local shuttle program of~ered to Encourage employees to travel to work by means other than the automobile. • Bicycling. A Bicycling Program be develaped to offer a bicycling alternative to employees. Secure bicycle racks, lockers, and showers be provided as part of this program. Maps of bicycle routes throughout the area be provided to inform potential bicyclists of these options. • Rental Car Fleet. A"fleet vehicle" program be developed to provide employees who travel to work by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. 7his service would help employees use alternative modes of transportation by ensuring that they would be able to have personal transportation in the event of special circumstances. • Guaranteed Ride Home Program. A program to provide employees who rideshare, or use transit or other means of commuting to work, with~ a prearranged ride home in a taxi, rental car, shuttle, or other vehicle, in the event of emergencies during the work shift. • Target Reduction of Longest Commute 1'rip. An incentives program for ridesharing and other alternative transportation modes to put highest priority on reduction of longest employee commute trips. !, • Stagger shifts. • Develop a"compressed work week" program, which provides for fewer work days but longer daily shifts as an option for employees. • Explore the possibility of a"telecommuting" program that would link some employees via electronic means (e.g., computer with_modem). Page 5 Responsible for ° Monitorinq , rnn~n~~r-n~~rnrir•n-i ~~~~ Modified Mitigation Monitoring Plan No. 004 Page 6 Project: Pointe Anaheim Timin 9 Me~sure v Responsible for Monitoring .-; . • Develop a parking management program that prov~des incentives to those who rideshare or use transit means other than single-occup~nt auto to travel to work. . Access. Preferential access to high occupancy veE~icles and shuttles may be provided. • Financial Incentive for Ridesharing and/or Public Transit. (Currently, Federal law provides tax-free status for up to $60 per month per employee contributions to employees who vanpool or use public transit including corrimuter rail and/or express bus pools). • Financial Incentive for Bicycling. Employees offered financial incentives for bicycling to work. • Special "Premium" for the Participation and Promotion of Trip Reduction. Ticket/passes to special events, vacations, etc. be offered to employees who recruit other employees for vanpool, carpool, or other trip reduction programs. • Actively recruit prospective employees residing within a 30-minute commute shed. • Design incentive programs for carpooling and other alternative transportation modes so as to put highest priority on reduction of longest commute trips. Prior to the first final building and The property owner/developer will provide a Parking Maintenance and Operation Plan to the f d Public Works Department, Traffic and Tr~ansportation zoning inspection; and ; an , Public Works Department, Traffic and Transportation Manager, for review and approva implementation on-going during said Plan shall be implemented on an on-going basis during Project operation. Division Project operations TRANSPORTATION AND CIRCULATION Parking Prior to approval of the Final Site The Pointe Anaheim parking structure will be designed to provide striped parking spaces for at t dd ' Public Works Department, Traffic and Transportation Plan; and o an up s discretion to a least 3,752 cars and 15 bus spaces, with the ~bility in the developer additional 1,048 striped parking spaces for cars, bringimg the total to 4,800 and 15 bus spaces. Division Assuming the full build-out, the size of the parking garage will total approximately 1,949,800 square feet, and wil~ encompass six levels. The heigh4 of the structure will be within the established height limitations set forth in The Disneyland Resort Specific Plan. t f S i y e an a Pedestr t Public Works Department Upon commencement of any , as IF reasonably needed in order to regulate the flow of pedestrian traffic to the projec 's Traffic and Transportation Manager upon development of Area D due to Cit th i d b , Traffic and Transportation activity/uses authorized by Conditional Use Permit No. 4078; y e ne y determ the project phasing over time, the property owner/developer shall pay all costs associated with Division on-going during Project and providing one or more pedestrian crossing officers at Harbor Boulevard and Disney Way, in , operations order to facilitate the flow of pedestrians during the "P~ak Period," which is defined as the time period from 5:00 p.m. to 9:00 p.m. during the following seasonal peaks: the Memorial Day weekend through the Labor Day weekend; the week prior to, during and following Christmas week; Easter weeks (one week before and one week after); and, at any other time determined to rnn~n~~~-n~~r~irir•n-i ~i~,~ M odified Mitigation Monitoring Plan No. 004 Page 7 P roject: Pointe Anaheim Timin Me~asure Responsible for 9 Monitoring be necessary by the City's Traffic and Transportation Manager. The continued need for this officer(s) will be reviewed by the City's Traffic and Transportation Manager at least once annually, and the days and/or hours of pedestrian crossing officer staffing shall be adjusted, when determined necessary by the City's Traffic and Transportation Manager. Prior to the first final building and The property owner/developer shall submit to the City's Traffic and Transportation Manager for Public Works Department, ram for coordinating traffic signal timing in the area (within the limits Traffic and Transportation ro a l g p , zoning inspection; and, review and approva of the Scoot signal upgrades) which shall thereafter be imp~emented by the property Division owner/developer. In addition, the property owner/developer shall submit to the City's Traffic and Transportation Manager for review and approval, a study assessing the benefits of restricting, during certain peak exiting times, pedestrian crossings on the crosswalk located on the north side of the intersection of Harbor Boulevard and Disneyr Way to improve the circulation of vehicular traffic by causing all east-west crossing pede5trian traffic to occur on the south side of such intersection where pedestrian crossings will not slow the east to north turning movement of cars exiting Disneyland. On-going during Project operations If such restricted pedestrian movement is determined to be necessary by the City's Traffic and i Transportation Manager, the property owner/developer shall pay all costs associated with the design and implementation of such restricted crosswalk for this intersection to the satisfaction of the City Engineer, within the timeframe established by the City Engineer. AIR QUALITY Prior to issuance of each building The property owner/developer shall comply with al~ SCAQMD offset regulations and South Coast Air Quality st Available Control Technology (BACT) for all permitted new and modified Management District; f B ti t e on o a permit implemen stationary sources. Copies of permits shall be given to the Planning Department. Planning Department, Planning Division On-going during Project operations The property owner/developer shall schedule goods movements for off-peak traffic hours to Public Works Department, Traffic and Transportation reduce emissions to the extent practicable. Division Prior to issuance of each building The property owner/developer shall submit evidence that low emission paints and coatings are South Coast Air Quality nstruction of buildings in compliance with AQMD regulations. This Management District; d i d co gn an es permit utilized in the information shall be denoted on the project plans and specifications. Planning Department, Building Division l ill i h Public Utilities Prior to issuance of each building so w a c The project design will incorporate the following energy-saving features wh Electric Depa~tment permit contribute to reduced emissions: , ~,,,~.~~•,- ~~i.~,ir.~r.n i ,i,,.• M odified Mitigation Monitoring Plan No. 004 Page 8 P roject: Pointe Anaheim Responsible for . Timin g Measure Monitoring Services Administration , • Improved thermal integrity of structures and reduced thermal load through use of automated Resource Efficiency time clocks or occupant sensors. • Efficient heating and other appliances. ~ • Incorporation of appropriate passive solar design. • Proper sealing of buildings. the t hi h Public Works Department On-going during Project operations promo e c The property owner/developer shall participate in marketing programs w a mini-vacation site ta encourage use of facilities within the area rather t , Traffic and Transportation area as Anaheim Resor than taking cars to destinations off-site. Division NOISE i artment De Plannin Prior to approval of the Final Site Plan for each area due to the project c The design and orientation of any use, such as those which could involve amplified live mus and open-air festival events, shall be reviewed by a certified acoustical engineer. The property , p g Building Division and Code phasing over time owner/developer shall submit a report, for review and approval by the City, to ensure that noise Enforcement Division from areas which involve live amplified music and/or open-air festival events, do not exceed the noise levels established by the City of Anaheim Sound Pressure Level Ordinance. Prior to final building and zoning A Noise Monitoring Program prepared by a certified acoustical engineer shall be submitted to Planning Department, inspections the Planning Department for review and appraval for any component of Pointe Anaheim that has Planning Division and the potential to involve amplified music or noise from open-air festival events and, within nine Building Division months of commencement of said activity, the property, owner/developer shall submit the results of the Noise Monitoring Program conducted by a certifued acoustical engineer to ensure that there are no violations of the Sound Pressure Level Ordinance from the Pointe Anaheim activity outside the Project. If noise in excess of the Sound Pressure Level Ordinance is detected, the property owner/developer shall modify operations within three days to bring the noise-generating activity into conformance with the Sound Pressure Level Ordinance. EARTH RESOURCES - GEOLOGY, SOILS AND SEISMICITY Prior to approval of each grading The property owner/developer shall submit a thorough~ soils and geological report for the area to Public Works Department, plan be graded, based on proposed grading and prepared by an engineering geologist and Development Services geotechnical engineer. The report shall comply with Title 17 of the Anaheim Municipal Code. Division Prior to issuance of each building The property owner/developer shall submit for review !and approval detailed foundation design Planning Department, I' ~ ~1MC'('-~4(lf)IPII?I~-1.d~~c M odified Mitigation Monitoring Plan No. 0 04 Page 9 P roject: Pointe Anaheim Responsible for Timin 9 Measure ~ Monitoring s ti d Building Division permit on a engineer, based on recommen information for the subject buildings, prepared by a civil by a geotechnical engineer. f artment De Plannin Prior to issuance of each foundation or The property owner/developer shall submit a report prepared by a geotechnicai engineer hich shall investigate the subject foundation excavations to determine if l , p g Building Division permit w review and approva soft layers are present immediately beneath the footing site and to ensure that compressibility does not underlie the footing. s been h t t d Planning Department Prior to issuance of each building ure a s ruc The property owner/developer shall submit plans showing that the propose to the most recent seismic standards ned accordin i d d di , Building Division permit g g es ng an analyzed for earthquake loa in the Uniform Building Code adopted by the City of Anaheim. GROUNDWATER AND SURFACE H Prior to approval of a grading plan; YDROLOGY The property owner/developer shall submit a fVlaster D~ainage and Runoff Management Plan Public Works Department, i and, implemented during Project ti (IVIDRMP) for review and approval and pay the required South Central Area Master Plan of Drainage (SCAMPD) storm drain fees. The Master Plan shall include, but not be limited to, the ces Development Serv Division; Regional Water on construction and opera following items: Quality Control Board; Orange County Flood a. Backbone storm drain layout and pipe size, incl~ding supporting hydrology and hydraulic Control District calculations for storms up to and including the 100-year storm. b. A delineation of the improvements to be implemEnted for control of project-generated drainage and runoff. c. Detailed assessment of existing water quality, potential water quality impacts, and a description of proposed measures to maintain water quality to the extent required by the National Pollutant Discharge Elimination System (NPDES) and its regulations, inctuding the following: (1) Incorporation of structural and nonstructural City-controlled Best Management Practices (BMPs). BMPs shall, to the extent permitted by law, include, but are not limited to, containment of masonry and paint wastes on the construction site; proper disposal of vehicle fuel and maintenance wastes; disposal of trash and debris; prohibiting water wash down of paved areas (both during and after construction unless allowed by the NPDES permit); and education/training for construction workers on these practices. Engineering details, maintenance procedures, and i~ n~+~+~~-n~nniri r• n- ~.d~,~~ Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 10 Me~sure Responsible for Monitoring funding responsibilities of these BMPs shali also be described. (2) Incorporation of ineasures to comply with appiicable actions to be identified by the RWQCB in conformance with the State Water Resources Controi Board (SWRCB) statewide water quality control plan for inland surface waters, adopted April 11, 1991. (3) Description of a water quality monitoring program to monitor water quality during and subsequent to construction and to evaluate the effectiveness of BMPs. The water quality monitoring program shall iden,tify: (1) the person/agency responsible for implementing the program, (2) sources of pollutants in runoff (e.g., nuisance flows from development areas, irrigation flaws), (3) specific types of pollutants expected in runoff that will be monitored (e.g., total suspended solids, phosphorous, lead), (4) water quality sampling stations tYuat are representative of runoff from the sources identified above, (5) sampling program mefhodology, including devices to be used and frequency and duration of sampling, (6) method for evaluating data collected from a sampling prograrri, includio~g threshold standards for determining effectiveness of BMPs, and (7) additional measures, if necessary, to increase the effectiveness of the BMPs to the threshold standards identified in C(1) above. i The property owner/developer shall submit landscaping and irrigation plans and an Irrigation Public Utilities Management Program. This landscape plan shall include a maintenance program to control the Department, Electric use of fertilizers and pesticides, and an irrigation system designed to minimize surface runoff Services Administration, and overwatering. Additionally: Resource Efficiency; Community Services a. The landscape plans shall be prepared and certifi,ed by a licensed landscape architect. The Department, Parks landscape architect shall submit plans in accordance with Anaheim's Landscape Water Division; Planning Efficiency Ordinance and Guidelines. Department, Planning Division b. The Irrigation Management Program shall specify methods for monitoring the irrigation system and shall be designed by an irrigation engineer (plans to be submitted in accordance with the Specific Plan). The system shall ensure that irrigation rates do not exceed the infiltration of local soils and that the aPplication of fertilizers and pesticides do not exceed appropriate levels of frequencies. c. The landscape and irrigation plans shall be developed to be consistent with the provisions of the Specific Plan, which require that the maximum annual water allowance for the project not exceed 80 percent of the mean annual evapotranspiration, or that the landscape irrigation system include water-conserving features such as low-flow irrigation heads, 1'AMMC'C-M(1DIFIF.D-I .doc Modified Mitigation Monitoring Plan No. 004 Page 11 Project: Pointe Anaheim Measure Responsible for . Timing Monitoring automatic irrigation scheduling equipment, flow sensing controls, rain sensors, soil moisture sensors, and other water-conserving equipment. In addition, all irrigation systems shall be designed so that they will function properly with reelaimed water, if it should become available. • On-going during Project operations The prope~ty owner/developer shall provide for the following: cleaning of all paved areas not Public Works Department, maintained by the City of Anaheim including, but not limited to, private streets and parking lots Streets and Sanitation on not less than a monthly basis. Using water to clean streets, parking lots, and other areas Division s~all be allowed on a periodic basis if allowed in the applicant's NPDES permit. Nightly washdown shall be allowed where advisable to maintain safe and sanitary working conditions, if allowed in the property owner/developer's and City's NPDES permit. Flushing debris, residue, and sediment down the storm drains shall conform to the property owner/developer's NPDES requirements. Property owner/developer agrees that material deposited in City storm drains shall not be in violation of the City's NPDES permit. Prior to each final building and The property owner/developer shall submit a C;ertificate of Substantial Completion, as described Planning Department, zoning inspection in the Specific Plan, which establishes that the ~andscape irrigation systems have been installed Planning Division as specified in the approved landscaping and irrigation plans. To be installed with Project water l'o reduce the projecYs demand on potable water, the property owner/developer shall install Public Utilities mains; and, to be connected if water lines on-site so that reclaimed water may be used for landscape irrigation and other Department, Water Services Administration reclaimed water becomes available purposes. CONSTRUCTION Demolition And Earthwork Prior to issuance of each grading The property owner/developer shall submit Demolition and Import/Export Plans. The plans shall Public Works Department, permit (for Import/ Export Plan) and include identification of offsite locations for material export from the project and options for Traffic and Transportation prior to issuance of demolition permit disposal of excess material. These options may include recycling of materials onsite, sale to a Division (for Demolition Plan) soil broker or contractor, sale to a project in tPie vicinity or transport to an environmentally cleared landfill, with attempts made to move it within Orange County. The property owner/developer shall offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects, if not all can be reused on the project site. Transportation and Circulation Prior to issuance of the first building 7he property owner/developer shall submit a Traffic Mitigation and Construction Phasing and Public Works Department, permit; and, Control Plan. The Traffic Mitigation, Construction Phasing and Control Plan shall identify the Traffic and Transportation following: Division; Planning De~artment. Planninq PA~~~1~'C'-49(lf~ll~ll~ll-I ~inc M odified Mitigation Monitoring Plan No. 00 4 Page 12 Pr oject: Pointe Anaheim Responsible for Timin 9 Measure Monitoring in truction sta f th Division g g e cons a. A Construction Staging Area Plan showing the location and size o area. The Plan shall also show how the staging area will be screened from view in compliance with the City of Anaheim Municipal Code. l i Prior to approval of a grading plan or ace n p b. A Construction Barrier Plan showing the I~cation and types of barriers that will be lan shall provide for all construction areas to be Said ction t d issuance of demolition or building p . ru cons during grading an in compliance with the City of Anaheim Municipal Code and shall ed from view permits, whichever occurs first; and, , screen include provision for the type and height of the barriers to be placed along all construction perimeters prior to the commencement of demolition, site preparation, or grading, whichever occurs first. Prior to approval of a grading plan or c. A Truck Route Plan identifying truck routes along arterials, avoiding residential areas to the issuance of demolition or building extent feasible and in compliance with the Sound Pressure Level Ordinance. The Plan whichever occurs first; and, permit shall show conformance with the external noise limits for construction between 7 p.m. and 7 , a.m. The Plan shall also prohibit construction traffic on residential streets where improvements are not planned and shall provide measures to ensure that truck drivers are sidential streets and travel an approved routes only. r f d ~.____._._._._ __, rom e away directe _ _. _ _.... . _ __~____, .._,._,_. - _ _.._ - Public Works Department, Measures to assist in guiding truck movement on the arterial roadway system include, but Traffic and Transportation are not limited to, provision of truck route maps to truck drivers and placement of Division; Planning flagpersons and construction signage at appropriate locations. The Truck Route Plan shall Department, Code provide for monitoring of street conditions and potential repairing and/or repaving by Enforcement Division property owner/developer after completion of construction as required by the City Engineer. This plan shall be adhered to throughout the project construction period. d t i Public Works Department Prior to approval of a grading plan or uce o re sms d. A Construction Traffic Management Plan which includes mechan truction-related traffic congestion which shall! be implemented during grading and , Traffic and Transportation issuance of demolition or building permit, whichever occurs first; and, cons construction, including, but not limited to, the follawing: Division (1) Configure construction parking to minimize onsite and offsite traffic interference. (2) Minimize obstruction of through-traffic lanes. (3) Provide flagpersons to guide traffic, as determined in the plan. Prior to approval of the first grading e. A Trip Reduction Plan for construction crew vehicles shall be prepared to reduce potential Public Works Department, plan; and vehicle trips on the road and identify parking locations for construction employees and Traffic and Transportation , equipment. Division; Planning rnn~n~c~-n~~rnrir~-i.~i~~ M odified Mitigation Monitoring Plan No. 00 4 Page 13 Pr oject: Pointe Anaheim Responsible for Measure Timin9 ; _ Monitoring '_ _ Planning Department , Division Prior to issuance of the first buiiding f. A Traffic Management Plan for phasing of roadway improvements, specifying the Public Works Department, Traffic and Transportation permit; and, sequencing of construction to do the following: Division (1) Coordinate scheduling with other infrastructure improvements to allow them to be facilitated efficiently during roadway improve~nents, such as sewer, storm drain, and water line improvements. (2) Outline procedures for any required traffic detours during construction, including provision of tour bus stops. (3) Phase each roadway improvement to allow access to all existing businesses. In some instances this will require lane-by-lane renovation, temporary bypass roads, or traffic reroutes. (4) Employ vertical shoring as often as possible. This will minimize the amount of road surface that will be disturbed at a given loca'tion. .. __ .___.. . ._ __. _ __.. _ ..__. . - -- - - ~_ . _ . _..._ _ .. _ _~..._. _. _._ . ,.~---_ ._ _..... . . ._. _.. _..._._. . ~ (5) Sequence the construction of each roadway improvement to minimize disruption to . . _ _ .. .___ ^_ residents and businesses. ~ (6) Establish offsite parking and staging areas, where practical and possible, to minimize the impact to existing level of service on adjacent roadways. These offsite parking and staging areas will allow a dispersion of traffic flow to noncritical areas and will encourage bussing of construction workers from the offsite areas to the construction sites. (7) Identify how the project improvements construction schedules and haul routes will be coordinated with other areawide improvem~;nts. The property owner/developer shall coordinate with the Convention Center and area hotels to ensure continued operations of these facilities, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel. artment Works De P bli Prior to issuance of the first building g. An Infrastructure Coordination Plan showing how the project improvement construction schedules and haul routes will be coordinated with other areawide improvements. The , p u c Tra~c and Transportation permit property owner/developer shall coordinate with adjacent uses to ensure continued Division -~nn~MCC-M~~ir•ien-i.a~~ M odified Mitigation Monitoring Plan No. 00 4 Page 14 Pr oject: Pointe Anaheim Responsible for Timin 9 Measure , Monitoring land Di ti i sney ng s operations of these facilities, as well as the continued operation of the ex theme park and Disneyland Hotei. truction i Public Works Department, On-going during construction ng cons The property owner/developer shall submit a quarterly 4pdate report show uarter which shall indude traffic mitigation and control planning and comin th f Traffic and Transportation g q e up or activities Division c~nstruction scheduling. Prior to approval of each grading The property owner/developer shall show how the project will be in compliance with the Traffic Public Works Department, Traffic and Transportation plan Mitigation and Construction Phasing and Control Plan. Division and Development Services Division ora tem id d t Police Department; Public On-going during construction ry p e o prov If Anaheim Police Department or Anaheim TMC personnel are require on a fair share er sMall reimburse the City ner/develo t Works Department, Traffic , p y ow traffic control services, the proper if applicable, for reasonable costs associated wikh such services. basis and Transportation , Division Air Quality ualit duce air t l On-going during construction y q o re oper The following measures will be followed by the property owner/deve Bualdi g Div s orrrrPublic impacts: Works Department, Normal wetting procedures or other dust palliative. measures shall be followed during earth- a Development Services . moving operations to minimize fugitive dust emissions, in compliance with the City of Division Anaheim Municipal Code. b. Roadways adjacent to the project shall be swept and cleared of any spilled export material at least twice a day to assist in minimizing fugitive dust; haul routes shall be cleared as needed if spills of material exported from the project site occur. c. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. d. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. e. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. ~~,n,n+~r.n~nnirir•n-i ~t~~,~ M odified Mitigation Monitoring Plan No. 00 4 Page 15 Pr oject: Pointe Anaheim Responsible for Timin 9 Measure Monitoring f. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. g. Suspend all grading operations when wind speeds (as instantaneous ,gust) exceed 25 miles per hour and during second stage smog alerts. h. The project will comply with the SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visibie emissions from construction. i. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. j. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. k. Maintain construction equipment engines by keeping them properly tuned. I. Use low sulfur fuel for equipment, to the extent practicable. hitectural i f i Air Quality Management On-going during construction rom arc ons ss The property owner/devetoper shall implement the follqwing to limit em District; Planning coatings and asphalt usage: Department, Building a. Use nonsolvent-based coatings on buildi~gs, wherever appropriate. Division b. Use solvent-based coatings, where they are necessary, in ways that minimize solvent i ~ emissions. c. Encourage use of high-solid or water-based coatings. On-going during construction All construction contractors shall comply with SCAQMD regulations, including Rule 402 which acts offsite sufficient to cause a nuisance, and SCAQMD re be no dust im th th t ifi Air Quality Management District; Planning p no e a es spec which restricts visible emissions from construction. Rule 403 was amended by the Rule 403 Department, Building , SCAQMD after preparation of The Disneyland Resort.ElR No. 311. Specific measures Division contained in the rule to reduce fugitive dust include th~ following a. Apply chemical stabilizers to disturbed surface areas (completed grading areas) within five days of completing grading or apply dust suppressants or vegetation sufficient to maintain a rnn,n~r~r~.n~c~nrnn~n-i.d~,r M odified Mitigation Monitoring Plan No. 004 Page 16 Pr oject: Pointe Anaheim Timin Measure , Responsible for ; 9 Monitoring stabilized surface. b. For open storage piles, apply water hourly or cover with temporary coverings. c. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less thar~ 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. d. Wash mud-covered tires and under-carriages of trucks leaving construction sites. e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwis;e be carried off by trucks departing project sites. Noise On-going during demolition and Construction noise shall be limited by the property own.er/developer to 60 dBA along the property Planning Department, Division and Code re Buildin d P S g ressu oun construction boundaries before 7:00 a.m. and after 7:00 p.m. as governed by Chapter 6.7, Enforcement Division Levels, of the Anaheim Municipal Code. On-going during construction 7he property owner/developer shall ensure that all internal combustion engines on construction Planning Department, Building Division equipment are fitted with properly maintained mufflers. Hydrology and Erosion On-going during grading operations The property owner/developer shall implement standard practices from all applicable codes and Public Works Department, ordinances to prevent erosion. Development Services Division the f it o ional Water Quality Re Prior to issuance of each grading rom s nstruction storm perm The property owner/developer shall obtain required NPDES c g permit State Water Resources Control Board, if applicable. Gopies of the Notice of Intent or permits, as Control Board; Public applicable, shall be submitted to the City Engineer. Works Department, Development Services Division i~nMMr~-n~~r~irir:i~-~.~i~,~ Modified Mitigation Monitoring Plan No. 004 Page 17 Project: Pointe Anaheim Timin Measure , Responsible for g Monitoring Hazardous Materials On-going during demolition and In the event that hazardous waste, including asbestos, is discovered during site preparation or Air Quality Management construction construction, the property owner/developer shall ensure that the identified hazardous waste District; Orange County and/or hazardous material are handled and disposed of in the manner specified by the State of Health Department; California Hazardous Substances Control Law (Heaith ~nd Safety Code, Division 20, Chapter Planning Department, 6.5), according to the requirements of the California Ad:ministrative Code, Title 30, Chapter 22, Building Division; Fire and the Uniform Fire Code, Article 87. Department, Environmental Protection EMPLOYMENT, POPULATION, AND HOUSING On-going during Project operations The property owner/developer will aggressively recruit workers who are already part of the Planning Department, resident work force in the region. Implementation of The Disneyland Resort Specific Plan will Planning Division further efforts in offering employment opportunities at various socioeconomic levels. PUBLIC SERVICES AND UTILITIES Fire Protection Prior to commencement of structural On-site fire hydrants shall be installed and ch~rged, as required, by the property Fire Department framing on each parcel or lot owner/developer. ervice t th Fire Department Prior to approval of each grading s a 7he property owner/developer shall submit an emergency fire access plan to ensure plan to the site is in accordance with Fire Department servi~e requirements. Prior to issuance of each building The property owner/developer shall submit a Construction Fire Protection Plan which shall Fire Department permit include detailed design plans for accessibility of emergency fire equipment, fire hydrant location, ~nd any other construction features required by the Fire Marshal. The property owner/developer shall be responsible for securing facilities acceptable to the Fire Department and hydrants shall ~ be operational with required fire flow. kl i artment De Fi Prior to issuance of each building ers n Plans shall indicate that all buildings, exclusive of open parking structures, shall have spr p re permit; to be implemented prior to installed by property owner/developer. each final building and zoning i inspect on f Anaheim Cit ith th Fire Department Prior to Issuance of each building y o e Plans shall be submitted to ensure that development is in accordance w permit Fire Department Standards, including: a. Overhead clearance shall not be less than 14 feet for the full width of access roads. b. Bridges and underground structures to be used for Fire Department access shall be designed to support Fire Department vehicles vueighing 75,000 pounds. PAM MCC-MODIFI ED-I .doc Modified Mitigation Monitoring Plan No. 0 Project: Pointe Anaheim 04 Page 18 Responsible for Timing Measure , . Monitoring , ~ c. All underground tunnels shall have sprinklers. Water supplies are required at the entrances. Standpipes shall also be provided when determined to be necessary by the Fire Department. d. Adequate offsite public fire hydrants contiguous to the Specific Plan area and onsite private fire hydrants shall be provided by the property owner/developer. The precise number, types, and locations of the hydr~nts shall be determined during building permit review. Hydrants are to be a maximum of 400 feet apart. e. A minimum residua~ water pressure of 20 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. d Paramedic iliti F Fire Department Prior to issuance of the first building permit es an ac The property owner/developer shall comply with the Fire Protection Services Impact Fee Program (per Ordinance No. 5496 and Resolution No. 95R-73 dated May 16, 1995). ide sufficient t l Public Fire Department Prior to approval of street improvement plans o prov oper The water supply system shall be designed by the property owner/deve fire flow pressure and storage for the proposed land uses and fire protection in accordance with Fire Department requirements. , Utilities Department, Water Services Administration minent i b Fire Department Prior to each final building and zoning inspection n pro ers The property owner/developer shall place emergency telephone service num locations as approved by the Fire Department. artment for Fi D ith th Fire Department On-going during Project operations re ep e 7he property owner/developer shall coordinate earthq~ake training w hotel staff and other employees. i f artment Fire De Prior to issuance of each building permit for hotels ew or rev 7he property owner/developer shall submit an earthquake emergency response plan and approval. That plan shall require posted notices in all hotel rooms on earthquake safety p procedures. Services li P ce o il d bl ifi artment Police De Prior to issuance of the first building permit for Area B due to the project phasing over time; and, y eas e an a Plans shall be submitted showing the location of a police/security office ident accessible by the public (i.e., "store-fronY' type of space) along with dedicated parking spaces for Police Department employees working in the space within the project site to the satisfaction of the Police Department. p Prior to the first final building and Said space shall be made available to the Police Department for permanent occupancy at no zoning inspection for Area B due to cost to the City. r~nMMr~~-M~nir•irn-i.~~,~ M odified Mitigation Monitoring Plan No. 004 Page 19 Pr oject: Pointe Anaheim Measure Responsible for Timin 9 Monitoring the project phasing over time oing during Project operations Property owner/developer shall staff the Project with the needed level of uniformed private Police Department On- f g security officers working in pairs for patrol and surveillance of the facilities to the satisfaction o the Police Department, including possibly 24-hour covcrage. , Prior to issuance of each building The Police Department shall review and approve the safety measures incorporated into the Police Department The security rrneasures shall include, but not be limited s t t . ure ruc permit project including the parking s to, closed circuit television surveillance/ cameras and recording equipment or other substitute security measures as may be approved by the Police Department for the parking structures/facilities, lighting, and other defensible spac;e measures throughout the project, as determined necessary by the Police Department. Solid Waste Prior to the first final zoning and The property owner/developer shall submit praject plans to the Director of Maintenance for Public Works Department, review and approval to ensure that the plans comply with AB 939, the Solid Waste Reduction Streets and Sanitation building inspection Act of 1989, as implemented by the City of Anaheim, the County of Orange Integrated Waste Division Management Plan, and the City of Anaheim Integrated Waste Management Plan. Prior to the first final zoning and A Solid Waste Management Plan shall be submitted for review and approval by the property Public Works Department, roject plans comply with AB 939, as administered by City of Streets and Sanitation re that the t l p o ensu oper building inspection; and, owner/deve implemented during Project Anaheim, and the County's and City's Integrated Waste Management Plans. Waste Division operations management mitigation measures that shall be taken to reduce solid waste generation shall include: a. Detailing the locations and design of solid waste and recyclables storage and collection facilities. b. Complying with all Federal, State, and City regulations for hazardous material disposal. ,! c. Participating in the City of Anaheim's voluntary "Recycle Anaheim" program or other substitute program as may be developed by the City. In order to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous 5olid waste reduction programs including, but not limited to, the following: . Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. i~nMMr~-M~rnr•n~.~~-i.d~,~ Modified Mitigation Monitoring Plan No. 004 Page 20 Project: Pointe Anaheim Timin 9 Measure ` Responsible for Monitoring . Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for collection and baling. . Facilitating glass recycling (especially from restaurants) by providing adequate space for sorting and storing. . Providing trash compactors for nonrecyclable materials, whenever feasible, to reduce the total volume of solid waste and the number of trips required for collection. e Prohibition of curbside pick-up within the Pointe Anaheim project. » Recycling of landscape green waste. Schools Prior to issuance of each building The property owner/developer shall provide proof that school impact fees have been paid Planning Department, Building Division permit consistent with State statute. Prior to commencement of The property owner/ developer shall coordinate with th:e Anaheim Union High School District to i l Planning Department, Division Plannin uses/activities authorized by ors. sen incorporate a retail training program into the Project fo~ interested high schoo g Conditional Use Permit No. 4078; and, on-going during Project operations i S ce erv Water the t d b l i Public Utilities Prior to issuance of each building y emen e mp Among the water conservation measures to be shown on plans and permit; to be implemented prior to properfy owner/developer shall include the following: Department, Electric Services Administration, final building and zoning inspections Use of low-flow sprinkler heads in irrigation system Resource Efficiency; Community Services Use of waterway re-circulation systems Department, Parks Division Low-flow fittings, fixtures, and equipment, includirig low flush toilets and urinals Use of self-closing valves on drinking fountains Use of reclaimed water for irrigation and washdown when it becomes available Continuation of the existing cooling tower re-circulation system rnMn~~~-n~~nirie~-i ~i~,~ M odified Mitigation Monitoring Plan No. 00 4 Page 21 Pr oject: Pointe Anaheim Responsible for Timin 9 Measure Monitoring ': ms which use t ti c sys e Use of efficient irrigation systems such as drip irrigation and automa moisture sensors Low-flow shower heads in hotels , Water-efficient ice machines, dishwashers, clothes washers, and other water-using appliances Use of irrigation systems primarily at night when evaporation rates are lowest Provide information to the public in conspicuous places regarding water conservation Use of water-conserving landscape plant materials wherever feasible Use of vacuum and other equipment to reduce thE use of water for washdown of exterior areas Prior to each final zoning and The property owner/developer shall submit a c;ertified water audit for landscape irrigation Departmtente Electric building inspection systems. Services Administration, Resource Efficiency Prior to issuance of the first building 7he property owner/developer shall comply with the adopted Anaheim Resort Water Facilities ulations per Resolution No. Rules and Re t R tiliti Public Utilities Department, Water permit g es, a es Fee Program (Rule 15E of the Water U Services Division 95R-140, effective September 1, 1995). blic Utilities P Prior to approval of the Final Site The water backflow equipment and any other large water system equipment shall be shown on u Plan; and, prior to final building and plans to the satisfaction of the Public Utilities ~epartment, Water Utility Division, in either hind the Setback Realm area in a manner fully screened from all public lt b d Department, Water Services Division zoning inspections e s or vau undergroun streets and alleys; and, the facilities will be installed in accordance with the plans. ith the t h Public Utilities Prior to approval of the first y w e proper Property owner/developer shal~ enter into an agreement recorded against t faction of the Utilities Department and City of Anaheim Attorney's ti th t i Department, Water subdivision map or issuance of the first grading permit or building s e sa m, o City of Anahe Office, to guarantee the property owner/developer's participation in water system improvements Services Divi4sion permit, whichever occurs first necessitated by the project. The agreement shall contain provisions requiring the property owner/developer to pay or cause to be paid its fair share funding for said improvements and/or construct said improvements, if determined to be necessary by the Utilities Department, with reimbursement by other beneficiaries in accordance with the Utility Rates, Rules, and Regulations. Costs shall include the payment for consultant/contractor services for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection, and any other related expenses. Further, the property owner/developer shall submit ~nMMCC-MOi~irir:~-i.~~~~ Modified Mitigation Monitoring Plan No. 004 Page 22 Project: Pointe Anaheim Timing Measure Responsible for, Monitoring an engineering report and phasing plan for review and approval by the Utilities Department setting forth the extent and timing of the water system improvements necessitated by the project for use in implementing the agreement. The property owner/developer shall at all times perform its obligations as set forth in said agreement. Wastewater/Sewer Service Prior to the first final building and The property owner/developer shall comply with the Sewer Impact and Improvement Fee Public Works Department, zoning inspection for each phase of Program for the South Central City Area (per Ordinance No. 5490 and Resolution No. 95R-60 Design Division development due to the project dated April 18, 1995). This SCASDS Fee Program applies to the sewer discharge generated phasing over time above the rate from the existing building footprints (prior to demolition) and up to the maximum of 639,000 peak gpd. This Fee Program does not apply and mitigate the need of the reverse sewer line in Gene Autry Way. Prior to the first final building and A reverse-flow public sewer line shall be constructed in Gene Autry Way from a point east of the Public Works Department, zoning inspection I-5/Anaheim Boulevard to State College Boulevard to accommodate the sewage flow in excess Design Division of that projected from the land uses permitted by The Disneyland Resort Specific Plan within the boundaries of Pointe Anaheim, which cannot be accornmodated by current capacity. Line sizing and implementation of this measure will be as follows: • Analyze the Pointe Anaheim sewer flows with the City's updated Basin 8 model to determine local sewer impacts and downstream impacts to the Gene Autry Way sewer system. • Determine the size and limits of a new public sevuer in Gene Autry Way, east of Interstate 5, to intercept and redirect flows from the ASAMLUP tributaries. + Coordinate all analysis, findings, and conclusions for approval with the City of Anaheim. Storm Drains Prior to issuance of the first building The property owner/developer shall comply with the Storm Drain Impact and Improvement Fee Public Works Department, permit Program for the South Central City Area (per Ordinance No. 5491 and Resolution No. 95R-61 Design Division dated April 18, 1995); or, the City may enter into alternative ~nancing arrangements with the ~ property owner/developer prior to approval of the first ~Grading Plan. ' Electricity Prior to issuance of each building The property owner/developer shall submit plans showing that each of the projecYs buildings will Public Utilities permit comply with the State Energy Conservation Standards for New Residential and Nonresidential Department, Electric Buildings (Title 24, Part 6, Article 2, California Code of Regulations). Services Administration, Resource Efficiency Prior to issuance of each building In order to conserve energy, the property owner/developer shall implement numerous energy Public Utilities i~nn~n~~r-n~~rnrirn-i a~~~ Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 23 Timing Measure Responsible for Monitoring permit; to be implemented prior to saving practices in compliance with Title 10, which may include the following: Department, Electric Services Administration, each final building and zoning inspection • Consultation with the City energy-conservation experts for assistance with energy- Resources Efficiency conservation design features. , • Use of high-efficiency air conditioning systems controlled by a computerized management system including features such as a variable air volume system, a 100-percent outdoor air economizer cycle, sequential operation of air conditioning equipment in accordance with building demands, isolation of air conditioning to any selected floor or floors. e Use of electric motors designed to conserve energy. » Use of special lighting fixtures such as motion sensing light switch devices and compact fluorescent fixtures in place of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal hallide or high-pressure sodium for outdoor lighting and parking lots. Prior to issuance of the first building The property owner/developer shall install electrical and communication conduit and Public Utilities permit substructures within the development site to provide fpr electrical distribution to serve the Department, Electric various uses within the development. Services Administration Prior to issuance of the first building The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Public Utilities permit Rules & Regulations for installation of backbone cables, switches and related facilities to provide Department, Electric electrical distribution to the development site. Services Administration Prior to issuance of each building The property owner/developer shall pay fees in accordance with Anaheim's Electric Rates, Public Utilities permit Rules and Regulations for electrical commercial/industrial services for specific uses within the Department, Electric development site. Services Administration Prior to the issuance of the first Analysis and validation of available electricity capacity will be conducted to the satisfaction of Public Utilities building permit the Public Utilities Department and, if deemed necessary, additional mitigation will be provided Department, Electric by the property owner/developer to the satisfaction of the Public Utilities Department, if the Services Administration property owner/developer proposes to build the movie theater complex. ~ Natural Gas Prior to issuance of each building The property owner/developer shall submit plans which shall ensure that buildings are in Public Utilities permit conformance with the State Energy Conservation Standards for nonresidential building (Title 24, Department, Electric Pa~t 6, Article 2, California Administrative Code). Services Administration, Resource Efficiency PAMMCC-MODIfILD-I.doc Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 24 Timing Measure. Responsible for Monitoring Prior to each final building and The property owner/developer shall implement a prog~ram (The Southern California Gas Planning Department, zoning inspection Company has developed several programs which are intended to assist in the selection of the Building Division most energy-efficient water heaters and furnaces.), as required, to reduce the demand on natural gas supplies. Television Service/Reception Prior to issuance of the first building A pre-project study of area television receptinn shall be undertaken by the property Planning Department, permit for each phase of owner/developer to determine baseline conditions; and, six months after topping out, a follow-up Planning Division development due to the project study of area television reception shall be undertaken immediately by the property phasing over time owner/developer. If the City of Anaheim determines that the proposed project creates a significant impact on broadcast television reception at local residences, a signal booster or relay system shall be installed on the roof of the tallest project building to restore broadcast television reception to its original condition as soon as practicabile. HAZARDOUS MATERIALS Prior to approval of the first grading Investigation for the presence of cryptic tanks using g,eophysical methods shall be conducted in Fire Department, plan or issuance of the first the subject area for the property owner/developer by a qualified environmental professional in Environmental Protection demolition permit for Area D due to the areas of former service stations and those areas known or thought to have been formerly Section the project phasing over time, occupied by USTs and where tank removal has not been verified prior to excavation or grading whichever occurs first in these areas. Soil sampling or a soil organic vapor survey may be required if soil sampling results are not available or indicate contamination is present above regulatory guidelines. If warranted, subsurface investigation and sampling shall be underkaken in these areas, and appropriate remediation measures developed, if necessary, before demolition, excavation, or grading takes place in these areas. Prior to removal of underground A permit shall be obtained from the Environmental Protection Section of the Fire Department for Fire Department, tanks removal of underground tanks by the property owner/developer. During removal of the Environmental Protection underground storage tank, a representative from the Fire Department, Environmental Protection Section Section, shall be onsite to direct soil sampling. On-going during remediation Remediation activities conducted on behalf of the property owner/developer of surface or Orange County Health subsurface contamination not related to USTs shall b~ overseen by the Orange County Health Department; ~Public Department. Information on subsurface contamination from an underground storage tank shall Utilities Department, Water be provided to the Public Utilities Department, Water 5enrices Administration, Environmental Services Administration, Services. Environmental Services PAMMCC-MODIFILD-1.doc Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 25 Timing Measure Responsible for Monitoring ~ . Prior to approval of the first grading The property owner/developer shall submit a plan for review and approval of the Fire Fire Department, plan or issuance of the first Department, which details procedures that will be taken if a previously unknown UST or other Environmental Protection demolition permit, whichever occurs unknown hazardous materials or waste is discovered onsite. Section; Orange County first Health Department Prior to relocation of any The transformers shall be tested by the property owner/developer for PCBs. Public Utilities transformers within the Project Department, Electric boundaries that may contain PCBs Services Administration which are being moved or relocated as part of project development Prior to approval of a grading plan A subsurface investigation and sampling of Area D due to the project phasing over time, if Public Utilities needed, shall be undertaken by a qualified environmental professional for the property Department, Water owner/developer to the satisfaction of the Public Utilities Department, Water Services Services Administration, Administration, Environmental Services, to determine if the former Chevron station's USTs Environmental Services and/or business practices have environmentally impacted the subject property. Prior to approval of a grading plan A physical inspection of the interiors of 1731-1741 and 1751-1755 South Clementine Street , as Orange County Health well as the surrounding grounds, shall be conducted by a qualified environmental professional Department; Fire for the property owner/developer to the satisfaction of the Orange County Health Department, Department/Anaheim Fire Department to accurately assess any potential presence of hazardous Environmental Protection waste materials at said properties. Where possible, interviews with property owners and/or Section company representatives shall be conducted to obtain information on the hazardous material usage histories and handling practices of the sites and, if available, copies of contaminant investigation reports shall be reviewed to evaluate the presence and level of hazardous substances in the soil at each property. The results of this investigation shall be submitted to the Orange County Health Department and the Anaheim Fire Department for review and approval. If warranted, subsurface investigation and sampling shall be undertaken by a qualified environmental professional in coordination with the Orange County Health Department. Appropriate remediation measures shall be developeci, if necessary, before demolition, excavation, or grading take place in these areas. On-going during abatement of LBP All aspects of Title 8, California Code of Regulation, §; 1523.1 shall apply. These include manual Fire Department, demolition, manual scraping, manual sanding, heat gun applications, general cleanup, power Environmenfal Protection tool cleaning with dust collection systems, and spray painting. At a minimum, half-mask air Section purifying respirato.rs shall be utilized during these types of tasks. In addition, all other aspects of Title 8, California Code of Regulations, § 1523.1 shall apply. These include employee exposure Pnh1 n~trC-ntoDn~ n:D- ~ .doc Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 26 Timing Measure Responsible for -. ' Monitoring3.. assessment respiratory protection program, protectivc clothing, housekeeping, hygiene facilities and practices, medical surveillance program, proper employee training in the hazards of working with lead-containing materials, posting of warning signs, engineering controls, employer record keeping observation monitoring, and observation procedures. On-going during demolition Appropriate disposal of lead and other hazardous materials to landfill shall be required, Fire Department, depending on waste characterization. The State of California requires that all waste streams be Environmental Protection characterized based on Waste Extraction Tests (WET), such as total Soluble Threshold Limit Section Concentrations (STLC), to determine appropriate disposal facility and procedures. VISUAL RESOURCES AND AESTHETICS Prior to approval of the Final Site The property owner/developer shall submit plans for each development phase, due to the Planning Department, Plan; to be implemented prior to final project phasing over time, which illustrate that all mechanical equipment and trash areas for the Planning Division building and zoning inspections subject buildings will be screened from adjacent public streets. Prior to approval of the Final Site The property owner/developer shall submit a landscape and irrigation plan for each development Planning Department, Plan phase, due to the project phasing over time. This plan shall be prepared by a licensed Planning Division landscape architect. The landscape plan shall include a phasing plan for the installation and maintenance of landscaping associated with the Final Site Plan. Prior to the final building and zoning The property owner/developer shall participate in a landscape assessment and maintenance City Attorney's Office inspection district for any properties owned by the property owner/developer, as adopted for the Anaheim Resort. Prior to submittal of the Final Site If the height of any building onsite is higher than shown on the conceptual plans/exhibits Planning Department, Plan submitted in connection with Conditional Use Permit No. 4078, the property owner/developer Planning Division shall submit a shade and shadow analysis to the Planning Department for review and approval demonstrating that the proposed structure(s) would not create significant shade and shadow impacts on adjacent land uses. A significant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel/motel swimming pool i areas, etc.) or structures that include sensitive uses (e.g., residences) have windows that normally receive sunlight are covered by shadows for more than 50 percent of the sunlight hours. If the analysis identifies shade and/or shadow impacts would occur and the building setback, architectural massing and landscape require;ments provisions set forth in Section 5.0, ~nMtitcc-MO~ir•ie~-i.a~,~ Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 27 Timing Measure~ Responsible for_ Monitoring . Design Plan of the Anaheim Resort Specific Plan, do ~not function as feasible mitigation measures, additional technical review of the structurej(s) will be required. The height of all structures shall not exceed the maximum height permitted by The Disneyland Resort Specific Plan. Prior to approval of the Final Site The property owner/developer shall submit plans which detail the lighting' system for each Planning Department, Plan development phase of the proposed project due to the project phasing over time. The systems Planning Division shall be designed and maintained in such a manner as to conceal light sources to the extent feasible to minimize light spillage and glare to the adjacent uses. The plans shall be prepared and signed by a licensed electrical engineer, with a le;tter from the engineer stating that, in the opinion of the engineer, this requirement has been met. CULTURAL RESOURCES Prior to approval of each grading The property owner/developer shall submit a letter idEntifying the certified archaeologist that has Public Works Department, plan been hired to ensure that the following actions are implemented: Development Services Division a. The archaeologist must be present at the pregrading conference in order to establish procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts if potentially significant artifacts are uncovered. If artifacts are uncovered and determined to be significant, the archaeological observer shall determine appropriate actions in cooperation with the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational or research institution. : c. Any archaeological work at the site shall be con;ducted under the direction of the certified archaeologist. If any artifacts are discovered during grading operations when the archaeological monitor is not present, grading s~hall be diverted around the area until the monitor can survey the area. ~ d. A final report detailing the findings and disposition of the specimens shall be submitted to the City Engineer. Upon completion of the grad.ing, the archaeologist shall notify the City as to when the final report will be submitted. j PAMMCC-MODIf IED-l.doc Modified Mitigation Monitoring Plan No. 004 Project: Pointe Anaheim Page 28 Timing Measure Responsible for Monitoring " Prior to approval of each grading The property owner/developer shall submit a letter identifying the certified paleontologist that Public Works Department, plan has been hired to ensure that the following actions ar~ implemented: Development Services Division a. The paleontologist must be present at the pregrading conference in order to establish procedures to temporarily halt or redirect work to permit the sampling, identification, and evaluation of fossils if potentially significant paleontological resources are uncovered. If artifacts are uncovered and found to be significant, the paleontological observer shall determine appropriate actions in cooperation wi:th the property owner/developer for exploration and/or salvage. b. Specimens that are collected prior to or during the grading process will be donated to an appropriate educational research institution. c. Any paleontological work at the site shall be conducted under the direction of the certified paleontologist. If any fossils are discovered during grading operations when the paleontological monitor is not present, grading Shall be diverted around the area until the monitor can survey the area. d. A final report detailing the findings and disposition of the specimens shall be submitted. Upon completion of the grading, the paleontologist shall notify the City as to when the final repo~t will be submitted. ENERGY Prior to issuance of each building The property owner/developer shall demonstrate on plans that fuel-efficient models of gas- Planning Department, permit powered building equipment have been incorporated into the proposed project to the extent Building Division feasible. PAMMCC-MODIPICD-l.doc