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Resolution-PC 99-80RESOLUTION NO. PC99-80 A RESOLUTION OF THE ANAHEIM CITY 1'LANNING COMMISSION THAT CONDITIONAL USE PERMIT NO. 4078 BE GRANTED WHEREAS, on December 7, 1999, pursuant to Chapter 18.53 of the Anaheim Municipai Code and a request by Robert H. Sheiton, representing Anaheim Center for Entertainment, LLC, the Planning Commission initiated applications for General Plan Amendment No. 359, Amendment No. 4 to The Disneyland Resort Specific Plan No. 92-1 and Conditional Use Permit No. 4078 associated with the Pointe`Anaheim project for approximately 22.2 acres of the 29.1-acre project area, more specifically described as the 1.35-acre City parcel, the 9.54-acre Melodyland parcel, the 8.9-acre Pyrovest Anaheim Plaza Hotel parcel, the 1.4-acre Berger parcei and the 1-acre Ur:~'.~i parcei, for the purpose of presenting the applications for study and consideration at a public hearing (Resolution No. PC98-192). Robe~rt N. Shelton, authorized agent for the remaining 6.9 acres of the 29.1-acre project area, initiated the above-noted applications for the remaining ~roperties; and WHERFAS, the PoinRe*Anaheim project area is irregularly-shaped and consists of ten parcels totaling approximately 29.1 acres with frontages of approximately 585 feet on the east side of Harbor Boulevard, 1,483 feet on the south side of Freedman Way (fiuture Disney Way), 887 feet on the west side of Clementine Street (future Freedman Way) and 726 feet on tho north side of Katella Avenue, and more pa~ticularly described in Attachment A of 4his resolution; and WHEREAS, the proposed Pointe`Anaheim project inciudes up to 565,000 gross square feet of retaii/dining/entertainment uses; two to three hotels comprising 1,050 hotel rooms/suites with approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses wouid encompass a maximum of 923,800 gross square feet) and an approximate 141,200 gross square foot area on the top floor of the parking structure to be used to provide parking and/or hotel amenities serving guests and patrons of the Pointe'Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24- screen movie theater with 4,757 seats; and, a 1,600,000 gross square foat parking structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400 vehicles which would bring the total number of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross square foot bus terminallfacility for airport transport and to/from sightseeing venues; and WHEREAS, this conditional use permit is proposed to entitle the uses, maximum gross square footage and conceptual site pians and elevations associated with the Pointe`Anaheim project. A detailed Final Site Plan is required to be submitted for Planning Commission review and approval as a Report and Recommendation item prior to the approval of the first grading pian or subdivision plan or issuance of the first building permit, whichever occurs first; and WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, in the Ciry of Anaheim on May 19, 1999, at 9:00 a.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 said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, ~nvestigation and study made by itself and in its behalf, and after dus consideration of all evidence and rzports offered at said hearing, does find and determine the following facts: 1) That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipai Code Sections 18.78.095.050 and 18.78.100.050 and in accordance with the Pointe`Anaheim Overlay requir~ments to permit the development of the Pointe'Anaheim project with waiver of the following under the authority of Code Section No. 18.06.080: SECTIdN NOS. 18.06.050.022 - Minimum number of oarkinq snaces AND 18.78.110.010.0104 (7,668 required; 4,800 striped parking spaces with provision to park an additional 400 vehicles, bringing the total number of vehicles that can be accommodated in the parking structure to 5,200 cars) 2) That based upon thE information contained in the approved Pointe'Anaheim Transportation Study, dated December 21, 1998 and prepared by Meyer, Mohaddes Associates and the avidence presented, the Planning Commission finds that the conditinns required by Section 18.06.080 of the Anaheim Municipal Code for granting of a parking variance exist as follows: That the parkiny demand analysis for the Pointe"Anaheim project determined the peak parking demand to be 4,217 spaces at 8:00 p.m. and that inasmuch as 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400 vehicies, bringing the total number of vehicles that can be accommodated in the parking structure to 5,200 cars, will be provided pursuant to the mitigation measures set forth in Mitigation Monitoring Plan No. 004, the waiver will not cause fewer off-street parking spaces to be provided for the Pointe'Anaheim project than the number of such spaces necessary to accommodate all vehicles attributable 2o the Pointe'Anaheim project under the normal and reasonably foreseeable condit?ons of operation of such use; and That on-street parking is n~t provided on any of the streets fn the immediate vicinity of the proposed project, so visitors to the proJect would not expect to park on the street. Visitors wiil park in the on-siYe parking structure provided at the Pointe'Anaheim project. As noted above, in acc.nrdance with the mitigation measures set foi~th in Mitigation Monitoring Plan No. OOh, the parking s!ructure will accommodate 5,200 cars, which is more than the 8:00 p.m. peak parking demand of 4,217 spaces; thereforo, the waiver will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Pointe'Anaheim project; and c) That as demonstrated in the parking analysis, the Pointe•Anaheim parking structure will provide adequate spaces to meet the project's parking dem2~.'~ on-site, so the waiver will not increase the demand and competition for parking spaces upon adjacent private property in the immzdiate vicinity of the Pointe*Anaheim project; and That o~-site circulation in the parking structure will be designed to minimize congestion on-site and that pursuant to the mitigation rneasures set forth in Mitigation Monitoring Plan No. 004 and the Pointe*Anaheim Overlay zoning and site development standards, the parking stn~cture layout and signing plan will be reviewed and approved by the City Traffic and Transportation Manager prior to Final Site Plan approvai; therefore, the waiver will not increase tra~c congestion within the off-street parking areas or lots provided for such use; and, e) That the City Traffic and Transportation Manager has reviewed and determined that, with the exception of the drivaway on Katella Avenue which is conditioned to be combined with the Super 8 Motei driveway or redesigned to comply with Code requirements, the proposed Pointe`Maheim driveway entry and exit locations are appropriate for the project site, and that with the installation of the right-throuyh lane on the south side of Freedman Way between the parking structure entry and Clementine St~ eet, the waiver, pursuant to the mitigation measures set forth in Mitigation Monitoring Plan No. 004, will not impede vehicuiar ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 3) That this Conditional Use Permit to permit the development of the Pointe"Anaheim Lifestyle Retail and Entertainment Complex with waiver of minimum number of parking spaces (7,668 spaces required; 4,8Q0 striped- parking spaces in a parking stivcture with provision to park an additional 400 vehicles, bringing the total number of vehicles that can be accommodated in the parking structure to 5,200 cars proposed), as amended in acca:dance with Planning Commission Resolution No. PC99- 79 recommending adoption of Amendment No. 4 to The Disneyland Resort Specific Plan and per staffs recommendations set forth in paragraph (21) of the May 19, 1999, staff report, as refined during the May 19, 1999, Planning Commission meeting, and subject to staff's recommended conditions of approval identified in Attachment [3 to this resolution be approved, based upon the following findings that the evidence presented shows that all of the following conditions exist: a) That ih~ proposed uses are authorized for a conditional use permit under the authority of Code Section 18.78.095.050 and 18.78.10Q.05U and in accordance with the Pointe*Anaheim Overlay requirements; and b) That as demonstrated fn the findings recommending approval of Amendment No. 4 to The Disneyland Resort Specific Plan, which amendment establishes the provisions for the Pointe'Anaheim Overlay and the development of the Pointe'Anaheim project, the proposed Pointe•Anaheim project uses will not advarsely affect the adjoining 12nd uses and the growth and devel~~^?e~t of the area in which it is proposed to be located; and c) That inasmuch as the Pointe"Anaheim project is proposed to be developed in accordance with the zoning and site development standards set forth for the Pointe'Anaheim Overlay, the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; and d) That as demonstrated in the Painte'Anaheim Transportation Study, dated December 21, 1998 and prepared by Meyer, Mohaddes Associates, the tra~c generated by the proposed use will not impose an undue burden upon the streeis and highways designed and improved to carry the traffic in the area; and, e) That the granting of the conditional use permit under the recommended conditions of approval imposed (set forth in Attachment B to this Resolution and incorporated herein by reference), will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. WHEREAS, the Anaheim City Planning Commission has reviewed the proposed Conditional Use Permit No. 4078, and by its Resolution No. PC99-77 has found and recommends that the City Council determine that the Mitigated Negative Declaration and Mitigation Monitoring Plan No. 004, including the associated Errata, are adequate to serve as the required environmentai documentation for the proposed Conditional Use Permit No. 4078; and, further finding on the basis of the Initial Study and the evidence presented that there is no substantial evidence, with the imposition of the mitigation measures id2ntified in Mitigation Monitoring Plan No. 004, that Conditional Use Permit No. 4078 will have a signi icant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing facts and findings, the Anaheim Ciry Planning Commission does hereby: 1) Grant subjtct ~etition for Conditional Use Permit, upon the conditions identified in Attachment B to this Resolution and incorporated herein, which are hereby found to be a necessary prerequisite to the proposed usa of the subject property in order to prese~ve the safety and general welfare of the Citizens of the City of Anaheim; and, Grant the requested waiver pertaining to minimum number of parking spaces contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Pointe"Anaheim Transportation Study, dated December 21, 1998, and prepared by Mayer, Mohaddes Associz;~s that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise c:~viating from any of said assumptions as contained in 4he parking demand study shall be deemed a violation of the express conditions imposed upon said waiver, which shail subje„i said variancr to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution fs expressly predicated upon applicanYs compliance with each and ali of the conditions set forth in Attachment B to this Resolution. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESO UTI N wa ~a8 t d at the Planning Commission meeting of May 19, 1999. ~/ j ~ ~ ~ ~~z CHAIRPE ~ ON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~ ~~ SECRE A Y, A AHEIM C! PLANNING COMMISSIOId STATE OF CALIFORNIA ) COUNIY OF ORANu[ ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Cammission, do hereby certify that the foregoing resolution v~as passed and adopted at a meeting of the Anaheim City . Planning Commission held on May 19, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOS'NVICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, VP,NDERBILT NOES: COMMISSIONERS: NO-JE ABSENT: COMMISSIONERS: NONE ~. IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~, 1999. ~ • ` c~-C1/~1~..~ .T~ ~ %l'~.~ s SECRETARY', ANAHEIM CITY PLA, NING COMMISSION CR3633EH.DOC ATTACHMENT A LEGAL DESCRIPTION Pyrovest Parcels: PARCEL 1: THE EAST 660.~0 FEET OF THE WEST 720.00 FEET OF THE NORTH 585.00 FEET OF THE SOUTH 1260 FEET OF THE SOUTHEAST QUARTER OF SECTION 22, T06NNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RFCORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM, THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT A POINT SOUTH 0° 13' 22" EAST 15.03 FEET FROM THE NORTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY SAID POINT BEING QN THE EASTERLY LINE OF HARBOR BOULEVARD 120 FEET WIDE; THENCE SOUTH 0° 13' 22" EAST ALONG SAID EASTERLY LINE 100.08 FEET; THENCE NORTH 89° 54' 30" F~ST PARALLEL TO THE NORTHERLY LINE OF ABOVE DESCRIBED PARCEL 111.34 FEE7; THENCE NORTH 0° 13' 22" WEST, PARALLEL TO THE EASTERLY LINE OF HARBOR BOULEVARD 30.75 FEET; THENCE NORTH 89° 54' 38" EASI' 38.66 FEET; THENCE NORTH 0° 13' 22" WEST 84.36 FEET TO A POINT ON THE SOUTHERLY LINE OF FREEDMAN WAY, 60.00 FEET WIDE; THENCE ALONG THE SOUTH LINE OF SAID FREEDMAN WAY, SOUTH 89° 54' 30" WEST 134.97 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 07' S2" A LENGTH OF 23.60 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. Melodyland Parcels: PARCEL A 7HE WEST 20 ACRES OF THE NORTHERLY 645.00 FEET OF THE SOUTHERLY 1320.00 FEET OF THE SOU7HEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CIIY OF ANAHEIM, COUNTY OF URANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COU~~TY EXCEPT THE WEST 720.00 FEET ALSO EXCEPT THE NORTH 60.00 FEET. PARCEL B THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOVVNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, ~TATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELlANEOUS MAPS, IN THE OFFICE OF THE COUNTY REORDER OF SAID COUN7Y, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEV+/ELL, RECORDED OCTOBER 5, 1979 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST 486.49 FEET ALONG THE SOUTH LINE OF SAID SOUTHEAS7 QUARTER TO THE SOUTHEAST CORNER OF LAND CONVEYED TO DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, ?AGE 453, OF OFFICIAL RECORDS; THENCE NORTH 675.00 FEET ALONG THE EAS7 LINE OF SAID LAND CONVEYED TO REA, TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUCE PO1NT OF BEGINNING. EXCEPT THE WEST 292.00 FEET THEREOF. ALSO EXCEPT THE SOUTH 360.00 FEET THEREOF. Nasenyager f~arcel: LOT 3 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 113, PAGeS 21 AND 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. Zaby's Parcei: LOTS 1 AND 2 OF TRACT 3330, IN THE CITY OF ANAHEIM, COUNT`( OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THERFFROM THA7 PORTION CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED JULY 30, 1997 AS INSTRUMENT NO. 97-0359942, OFFICIAL RECORDS. Berger Parcel: LOTS 4 AND 5 OF TRACT NO. 3330, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PEF~ MAP RECORDED IN BOOK 113, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 4ist Parcel: PARCEL 1: THE WEST 292 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, IN TOWNSHIP 4 SOUTH, R4NGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: ~OMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHE~IST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT 6EING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWEL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN BOOK 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAND CONVEYED TU DONALD F. REA BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE NORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING; EXCEPT THEREFROM THE WEST 150 FEET OF THE SOUTH 360 FEET; ALSO EXCEPT THEREFROM THE SOUTH 60 FEET INCLUDED WITHIN KATELLA AVENUE, 120 FEET WIDE. Parce12 THAT PC)RTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON GE SANTA ANA, IN THE CITY OF ANr1HEIM, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 51, PAGE 10 MlSCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLO!IVS: COMME.NCING AT THE SOUTHWEST CORP:cR OF SAID SOUTHEAST ~1UAR1'ER; THENCE NORTH 875.00 FEE7 ALONG THE WEST ~INE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARAI.LEL WITH Tf iE SOUTH LINE OF SAID SOUTHEAST QUAF2TER TO THE'TRUE P~INT OF BEGINNING; THENCE SOUTH 0° 16' 30" EAST 675.11 FEET TO A POINT, SAID POINT BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 1959 IN 800K 4912, PAGE 102, OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SA~D SOUTHEAST QUARTER, 486.49 FEET TO THE SOUTHEAST CORNER OF LAP~D CONVEYED 70 DONALD F. REA, BY DEED RECORDED DECEMBER 1, 1958 IN BOOK 4521, PAGE 543, OFFICIAL RECORDS; THENCE I~ORTH ALONG THE EAST LINE OF SAID LAND CONVEYED TO REA, 675.00 FEET TO THE NORTHEAST CORNER THEREOF; THENCE WEST ALONG THE NORTH LINE OF SAID LAND OF REA TO THE TRUE POINT OF BEGINNING. EXCEPT THEREFROM THE SOUTH 60.00 FEET INCLUDED WITHIN KATELLA AVENUE, 120.00 FE~T WIDE. ALSO EXCEP7 THEREFROM THE NORTH 315 FEET. ALSO EXCEPT THEREFROM THE WEST 292 FEET. City Parcel: THE NORTHERLY 280.35 FEET OF PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL !NAP FILED IN BAOK 55, P~GE 46 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTf RECORDER OF SAID COUNTY. Ursini Parcel: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN 8001:51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 675.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER; THENCE EAST 833.51 FEET PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 0° 16' 30", EAST 675.91 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO E+EING THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN DEED TO ALWYN S. JEWELL AND LUCILLE G. JEWELL, RECORDED OCTOBER 5, 5959 IN BOOK 4912, PAGE 102 OF OFFICIAL RECORDS; THENCE NORTH 0° 16' 30" WEST, 360.00 FEET ALONG THE EASTERLY LINE OF SAID LAND; THENCE EAST 150.00 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHEAST CZUARTER; THENCE SOUTH 0° 16' 30" EAST, 360.00 FEET PARALLEL WITH SAID EASTERLY LINE OF THE LAND CONVEYED TO JEWELL TO THE SOUTH[RI_Y LINE OF SAID SECTION; THENCE WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 150.00 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION OF SAID PROPERTY LYING SOUTHERLY OF THE NORTHERLY LINE OF THAT PORTIUN DESCRIBED IN THA7 CERTAIN FINP,L ORDER OF CrJNDEMNATION DATED JANUARY 30, 1998, CASE N0. 782833 dF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED FEBRUARY 9, 1998 AS INSTRUMENT N0. 19980071981 OF OFFICIAL RECORDS. DHILEGAL.DOC ATTACHMENT B 1 .... .. _ THE FOLLOWING CONDITIONS OF APPROVAL ARE REQUIRED TO BE COMPLETED. THE CONDITIONS OF APPROVAL INCLUDE ALL MITIGATION MEASURES INCLUDING PROJECT DESIGN FEATURES SET FnRTH IN MITIGATION MONfTORING PLAN N~. 004 FOR THIS PROJECT (AS REQUIRED BY SECTION 21081.6 OF THE PUBLIC R~SOURCES CODEI. ELECTRICAL: That prior to issuance of each building permit, unless records indicate previous payment, a fee for street lighting purposes shall be paid to the Ciry of Anaheim based on the length of street frontage in an amount as estabiished by City Council resolution with credit against the fee given for City authorized improvements installed by the property owner/developer. ~sa condttion No. ~) That pedestrian walkway lighting plans in the public right-of-way shall be reviewed and approved by the Public Utiiities Department, Electrical Services Uivision and the Police Department prior to installalion. (sP Cond~tion No. 2) That prior to the approval of each tentative tract or parcel map, or issuance of each building permit, whichever occurs first, Public Utility Easements (PUE's) will be recorded and/or abandonment of PUE's will ba processed to the satisfaction of the Public Utilities Department for the following circumstances: A. As a result of increases in right-of-way, where electricai and co~nmunication facilities are located adjacent to the existing right-of-way, the faciliBes shall be either located within the new right-of-way or relocated to new adjacent areas, requiring a PUE. B. The undergrounding of power and communication lines alonp the major streets wiil result in the need to obtain PUE's for placement of pad mounted equipment, and related facilities required as a result of the overhead to underground conversion work. C. Alterations to exiting private buildings andlor construction of new structuras (buildings, signs, landscaping elements, etc.) may require relocation of existi~g electricai and/or communication facilities. This will require abandonment of existing PUE's and recordation of new PUE's to accornmodate relocation. (SP Condinon No. 3a, e, a c) 4. A. That the roadway lighting of all public streets shall be des(gned fn ac;cordance with the Anaheim Resort Identity Program and associated construction specifications. B. That the property owneddeveloper shall pay or cause to be paid all costs associated with replacing the existing City street light syslem withln the public right-oF-way adjacent to or withfn 1'he Disneyland Resort Specific Plan Area with street lights designed in accordance with tho Anaheim Resort Identity Program. (SP Condiflon No. 4A, C) ENGINEERING: That the following street design elements shall be shown on each tentative tract or parcet map: A. Street cross-sections, Inciuding dimensions, labels, Circulation Element designation (i.e., Resort Secondary} and whether public or private. B. Street grades and vertical alignment; and, C. Horizontal aiignment, inciuding centerline radii, and cul-de-sac radii. ~sa Condition No. 5A, B, C) 6. That prior to the approval of each final tract or parcel map, vehicular access right to alI public streets adjacent to subject tract or parcel, except at approved access points, shall be released and relinquished to the City of Anaheim. (sP condaion No. s) 7. That prior to approval of each street improvement plan, the following shall be provided (for a one (1) year ma~ntenance period) in a manner acceptable to the City Engineer: A. Pubiic ReaLm Pzrkway and median island landscaping and irrigation maintenance. B. Provision for the replacement of any tree pianted in accordance with landscaping plans in a timely manner in the event that it is removed, damaged, diseased and/or dead. (SP Condition No. 7A. B) 8. That prior to issuance of each grading permit, a rough or precise grading plan prepared by a registered Civil Engineer shali be submitted to the City Engineer for review and approval. ~sP condition rvo. a) 9. That all storm drain, sEwer and street improvement plan shall be designed and improvements constructed to the satisfaction of the City Engineer. (sP condition n/o. s) FIRE: . 10. That prior to approval of the Final Site Plan and prior to the issuance of each building permit, pians shall be reviewed and approved by the Fire Departmant as being in conformance with the Uniform Fire Code. (sP conditton No. ~o) 11. That prior to the placement of build(ng materials on a building site, an all-weather road/driving surface shall be provided from the roadway system to and on the construction site and to fire hydrants at all times, as required by the Fire Department. Such ro~tes shall be paved or, subject~to the approval of the Fire Department, shall otherwise provide adequate emergency access. Every building constructed must be accessible to Fire Department apparatus. The width and r2dius of the driving surface must meet the requiremen4s of Section 10.204 of the Uniform Fire Code as adopted by the City of Anaheim. (sP condition No. 11) 12. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Depa~tment. ~sP Condiuon No. 12) 13. That prior to the approvai of on-site water plans, unless each commercial building fs initially conneated to separate tire services, an unsubordinated covenant satisfactory to the City Attorney's Office shall be recorded prohibiting any individuai sale of buildings untii separate fire services are installed in the building(s) siibJect to the sale. (SP Condition No. 43) LANDSCAPING: 14. That root and sidewalk barriers shall be provided for trees (with the e;cception of palm trees) within seven feet of public sidewalks, unless determined unnr;cessa~~ by the City Engineer. (sP condirion No. t7) 15. That all trees planted in the Public Realm shall be planted in accoi!:ance with the standard Ciry Tree Planting Detail. ~sP cond'~ion No. ra) 16. That prior to fina~ building and zoning inspections, a licensed landscaoed architect shall certify to the Planning Department that aIl landscaping has been installed in accordance with landscaping plans approved by the City and on file wii` ;he Building Division of the Planning Department. (sP condition rvo, ts) 17. 7hat on-site non-Public Realm landscaping and irrigation systems and Public Realm landscaping and irrigation systems, within area in which dedication has not been accepted by the City, shall be maintained by the property owner/developer in compliance with City standards. (sP condirion No. zo) 18. That any tree planted witfiin the Setback Realm shail be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. (sP condttion No, 2t) 19. That a licensed arborist shall be responsible for all tree trimming within the Setback Realm. (sP condifton No. 22) NOISE: 20. That p~ior to the commencement of construction activity, the property owneddeveloper shiall instali and maintain specially designed construction barriers at the construction project perimeter areas. The construction sound barriers shall be a minimum height of S' with a minimum surface weight of 1.25 Ibs per square foot or a min~mum Sound Transmission Class Rating (STC) of 25. The structure shall be a continuous barrier. Gates and other entry doors shail be constructed with suitable mullions, astragels, seals, or other design techniques to minimize sound leakage when in the closed position. Access doors shouid be self clusing where feasible. Vision ports are permissible providing they are filled with an acceptable solid vision pfOdUCt. (SP Condifion No. 23) 21. That sweeping operations in the parking facilities and private streets or on-site roadways shall be performed utilizing sweepings/scrubbing equipment which operate at a sound lavel measured not greater than 60 dBA at the nearest adjacent property IIf1e. (SP Condifion No. 24) 22. That pressure washing operations for purposes of building repair and maintenance due to graffiti or other aesthetic considerations shall be limited to daytime hours of operation between 7:00 a.m. and 8:GJ p.m.. (sP Condttion No. 2s) 23. That no development shall occur unless such developmeni is substantially in accordance with the amended Disneyland Resort Specific Plan No. 92-1 document on file with the Planning Department and marked Exhibit A, Amendment No. 4. (sP Conditlon No. 27a) PLANNII3G RELATEd 24. That all Final Site Plans shall be prepared in conformance with the Anaheim Resort Specific Plan Final Site Plan Pre-File submittal requirements on file with the Zoning Division of the Planning Department. Prior to issuance of building permits, construction Flans shall be in substantial conformance with said Final Site Plans. (sP Condition No. 29) 25. That prior to issuance of building permits, unless records indicate previous payment, a fee for street tree purposes shall be paid or caused to be paid to the City of Anaheim ~ased on the length of street frontage in an amount as established by City Council resolution with credit against the fee give for City authorized improvements installed by the property owner/developer. ~sP cond~tion No. 30) 26. That prio~• to final building and zoning inspections, alI air conditioning facilities and other roof and yround mounted equipment shall be shielded from pubiic view as required by the Specific Plan and the sound buffered to comply with the City of Anaheim noise ordinances from any adjacent residential or t~~ansient-occupied properties. Such information shall be specifically shown on the plans submitted for building permits. (sP condition No.31) 27. That prior to final building and zoning inspections; all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened from view of adjacent public rights-of-way and from adjacent properties by architectural devices and/or appropriate building materiais; and, further such information shall be specificaily shown on the plans submitted for buiiding permits. (sP condiclon No. 3z) 28. That prope~ty owner/developer shall be responsible for the removal of any on-site graffiti within 24 hours of its application. (SP condiUon No, 33) 29. That the Iocation and configuration of all lighting fixtures including ground-mounted lighting fixtures utilized to accent bui~dings, landscape elements, or to illuminate pedestrian areas, shall be shown on ail Final Site Plans. All lighting fixtures shall be shielded to direct lighting toward the area to be illuminated. All lighting fixtures, types and locations shall be identified on the plans submitted for building permits. ~sa Condition No. 34) 30. That in connection with the submittal of Final Site Plan, building elevations shall show that the rear elevations of buiidings visible from a 5-foot high view polnt from off-site areas shall be architecturally accented to portray a finished look. (sP conditton No. s5) 31. That, in the event a parcel is subdivided and there is a need for common on-site circulation and/or parking, prior to the recordation of a subdivision map, an unsubordinated covenant providing for reciprocal access and/or parking, as appropriate, approved by the City Traffic and Transportation Manager and the Planning Department and in a form satisf~ctory to the Ciry Attorney, shall be recorded with the Office of the Orange County Recordsr. A copy of the recorded covenant shall then be submitted to the Planning Division of the Planning Department. (sP condirron rvo. 3s) 32. That no shuttle/bus/vehicular drop-off areas shall be permitted in hotel/motei or vacation resort front setback areas. (sP Conditton No, s~) POLICE 33. That with the exception of the Theme I~ark and Parking Districts, which are already addressed in the Specific Plan, prior to approval of each Final Site Plan and prior to issuance of each h~ailding permit, the Anaheim Police Department shall review and approve plans for safety, accessibility, cricie prevertion, and security provisions during both the construction and operative phases. ~sa conditlon No. ac,~ STREET MAINTENANCE 34. That trash storage areas shall be provided and maintained in a location acceptabie to the Department of Maintenance and in accordance with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. (sP condition No. 4t) TRAFFIC/CIRCULATION 35. That gates shall not be installed across any ~riveway or private street in a manner which may adversely affect vehicular tra~c in the adjacent public streets. Instaliation of any gates shall conform to Enc~ineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. (sP cond~tion No. aa) 36. That priur to approval of the Final Site Ptan, plans for vehicular and pedestrian circulation shall be submitced to the City Traffic and Transportation Manager for review and approval showing conformance with Section 5.0, "Design Plan" of the Specific Plan document pertaining to parking standards. Subject property shall be developed and maintained in conformance with said plans. (sP condition tvo. 4s) 37. That all driveways shall be constructed to the satisfaction of the City Engineer with radius curb r2turns ranging from eight (S) to thirty-five (35) feet, unless otherwise approved by the City Engineer. (sP condrrlon No. as) 38. That prior to the approval of the Final Site Plan for the parking structure, signage plans shall be designed to enhance smooth traffic flows on each level of the parking structure and shall be submitted to the City Traffic and Transportation Manager for reviow and approval. ~sP condtuon No. 50) 39. That all engineering requirements of the City of Anaheim, including preparation of Improvement plans and installation of all improvements such as curbs and gutters, sidewalks, water facilities, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer, as may be modified by the City Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion oi said improvement. Said security shall be posted with the City prior to the issuance of a building permit or final map approval, whichever occurs first, to guarantee the installation of the related improvements prior to final building and zoning (nspections in accordance with an approved construction phasing plan. (sP conditton n1o. 52) 40. That prior to issuance of each building permit, the appropriate Citywide Transportation Impact and Improvement Feo shall be paid to the City of Anaheim in the amount(s) determined by City Council Resoiution. Consistent with the Fee Ordinance, fees may he reduced in consideration of right-of-way dedication and/or Master Plan of Arterial Highway facility construction. (sP CondiHon n~o. 53) 41. That prior to issuance of a building permit, the property owner/developer shall provide proof of their participation in the Anaheim Transportation Network (TMA) to be created for the Anaheim Resort and Anaheim Stadium Business Center and coordinated with the !-5 T: affic Management Plan. (sP condition No. ea) WATER • 42. That prior to finai building and zoning inspections, the water backFlow equipment and any other large water system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Utility Division, in either underground vaults or behind the Setback Reaim area in a manner fully screened from all public streets and alleys. Such information shall be specifically shown on the pians submitted for Final Site Plan a~proval and for building permits. (sP cond;tton nlo. so) MISCELLANEOUS 43. That in conjunction with the construction of t5e parking structure, no impact driven piles shall be allowed. ~sa cond;tion No. ss) 44. That the property owneddeveloper shall be held responsible for compliance with the mitigation measures and for implementation of the project design features identified in Mitigation Monitoring Plan No. 004 in compliance vvith Section 21081.6 of the Pubiic Resources Code. Furthermore, the Pointe`Anaheim praperty owneddeveioper shall be responsible for any direct costs associated with the mcnitoring and reporting required to ensure implementation of those mitigation measures and project design features identified in Mitigation Monitoring Plan No. 004. Mitigation Monitoring Plan No. 004, which includes mitigation measures and project design features, is attached and made a part of these conditions of approval. (SP Condition No. 67b) 45. ThaY tha Final Site Plan submittal requirements required pursuant to Condition of Approval No. 29 shall be sup~Iamenteo ~vith the fo!~owing plans/m~iarials/information which shall be submitted ;s part of the Final Site Plan appiicaiion (all plans shall be fully-dimension~d and ;irawn to scale): A. A site pfan showing all proposed project components throughout the 29.1-acre site including, but not lirniteci to, all buildings, landscape areas, hardscape areas, fountains/water feafures, warks of art, and the ad;acent street improvements. B. Preliminary Mass Grading Plan for the entire 29.1-acre Pointe`Anaheim Overlay area. C. Elevation plans showing all views of each proposed building. D. Floor plans for each building and each level of the parking garage (all parking spaces shall be dimensioned and the total number of spaces on each level shall be shown on the plan). E. Roof-top plans for each building showing all roof-top equipment (roof-top equipment is required to be fully-screened by the architecture of the building and painted in a color to match the color of the roo~. The roof-top plan of the parl<ing structure shall show City standard dimensioned parking spaces and/ar the hotel arenities which shall serve guests and patrons of the Pointe`Pnaheim hotels unly. The size, design and rype of any hotel amenity must be shown on the Final Site Plan. Building addresses shall also be shown on the roof plan (the location and slimensions of the address numbers shall be to the satisfaction of the Police Department). F. Laiidscaping plans showing all proposed pianting materials and Landscape PlantfTres Pafette (10 copies) including color photographs to show the proposed trees, shrubs and ground~over. G. Above- and below-ground utiliQy equipment shall be shown on each site plan and landscape plan. Plans must indicate how any above-ground equipment is fully screened by landscape from any public view. H. Colored renderings (one fuii-scale set and 10 reduced color copies) of the site improvements to show the building elevations from Harbor Bouievard, Katelia Avenue, Clementine Street (future Freedman Way) and Fresdman Way (future Disney Way} and views of the interior portions of the site, i. Materiai and color boards for each building which show that all building colors, textures, and materials shail be compatible between on-site uses. J. Naterial and color boards to show the proposed decorative paving materials for the interior courtyard areas of the site and pedestrian gathering areas. The plan shall show the location and dimensions of any proposed pedestrian walkways from the public sidewalk to the on-site uses. The design and location of the walkways shall not impact the placement of trees in the public right-of-way parkways. in addition, the walkways sha~l not preciude the planting of the number of trees required for the setback area by the The Disneyland Reso~t Specific Plan Design P!an. K. Letter from the property owner/deveioper inc3icating how the Final Site Plan is in compliance with The Qisneyland Resort Specific Pfan Pointe'Anaheim Overlay requirements and Conditional Use Permit No. 4078. L. That ;he lighting fixture plan shall include the sryle of the fixture which shall be compatible with the project theme. ~sP condi~;on No. ~s,4-t)) 46. Thak the property owner/developer shall submit a coordinated signage program for the entire Pointe•Anaheim development for Plan~ing Commission's review and approval as part of the Finai Site Pian. The program shall, at a minimum, include the iollowing: A. A sign theme/concept for ttie Pointe'Anahefm project which demonstrates an overall appearance, quality and type of sign, banner or other display device similar to those utilized at Universal City Walk, Fashion Island or Irvine Spectrum. B. Sign criterfa for interior corporate sponsorship displays (said displays could include jumbotrons, banners or placards) which are intended to be visible/oriented primarily for patrons of the Pointe'Anaheim project. C. Sign criteria limiting fnterior wall signs fror.i projecting more than 50% of the vertical height of the sign above the roof parapet or 50% of the harizontal length of the sign beyond the side of a building. Such signs shall not be visible from the adjacent public right-of-way (measured at five (5) feet above the grade of lhe sidewalk on the opposite s(de of the street from the Pointe'Anaheim project) except through the timited view corridors set forth in the Pointe'Anaheim Overlay. D. Sign Criteria consistent with the adcpted sign regulations for the Pointe'Anaheim Overlay. E. Standards for maintenance and replacement of damaged/broken signs and banners and installation and maintenance of changeable sign copy, neon signage or electronic readerboards. F. Prohibited signs include billboards, off-premises or off-site directional signs, on-sito directional guidance and on-site.directory signs which are not part of a coardinated architectural, information, directional and regulatory sign system, paper signs, ~ermanent "come-on" signs (e.g. "Sale Today", "Stop", "Look", "Going out of Ei~siness", etc.), roof signs, vehicie signs (signs mounted or displayed on a vehicle for advertising purposes) or the parking or storage of advertising vehicies on public or private property), or replicas of o~cial tra~c control signs or signs so simiiar as to be confusing or hazardous to tra~c attached to or within the parking structure within the project. ~sP condition No. 77A-F) 47. That a maximum of onE "non-interior" wali sign shall be permitted for each major commercial tenant over 10,000 square feet and that the location of these wall signs shail be identified on the building elevations submitted as part of the Final Site Plan application and shall be subject to the review and approval of the Planning Commission as part of the Finai Site Plan. (sP cond~aon No. 7e) 48. That prior to issuance of each sign permit, the property owner/developer/tenant shall submit a letter and plans demonstrating that the sign plans conform with the coordinated signage program and major commercial tenant wall sign locations adopted in connection with the approval of the Final Site Plan. (sP condrr~on No. 7s) 49. That prior to the submittal of the Final Site Plan application, the site plan shall show that the Pointe`Anaheim and Super 8 driveways has been redesigned to combine the driveways or to meet the distance requirement set forth in The Disneyland Resort Specific Plan (minimum 40-foot wide distance between driveways serving adjacent parcels). If redesigned to combine the driveways, proof of agreement with the with the adjacent property owner shall also be provided to the satisfaction of tho City Attomey's Office. (SPCondiflonNo.80) 50. That prior to the submittal of the Final Site Plan application, the property owner/developer shall submit a street improvement plan to the Public Works Director f:~r the installation of the ultimate public right-of-way improvemenls on the north side of Katella Avenue from Clementine Street to ihe first Pointe'Anaheim project driveway west of Clementine Street to (mprove vehicular access to the project. The property owneddeveloper shail be responsible for all costs associated with the preparation and processing af the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shail be completed prior to the issuance of the flrst final building and zoning inspection, issuance of a certificate of occuoancy or commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever occurs first. ~sP conda~on No. e~~ 51. That prior to the submittal of the Finai Site Plan appllcation, the property owner/developer shall submit a street improvement plan to the Public Works Director for the construction of a free right-turn lane on the south side of Freedman Way from the parking garage driveway exit to Clementine Street (13-foot lane width) in order to improve outbound parking structure operations. The property owneddeveloper shall be responsible for all costs associated with the preparation and processing of the street improvement plan and all costs associated with the construction of the improvements to the satisfaction of the Public Works Director. These improvements shall be completed prior to the issuance of the first final building and zoning inspection, issuance of a certificate of occupancy or commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever accurs first. (sp Condttion ~vo. a2a) 52. Prior to the submittal of the Final Site Plan application, the property owneddeveloper shall redosign the site pian adjacent to the Freedman Way improvements addres~~d in Condition No. 82a to maintain tlie minimum building setbacks adjacent to Freedman Way. (sP condittnn nlo. s2b) 53. That prior to the submittai of the Final Site Plan application, plans shall show the detailed development plans for the entire 29.1-acre site. ~sP cundirion No. a3) 54. That prior to the issuance of the first buiiding permit, the property owner/developer shall provide evidence of ownership or control (e.g., by lonc~-term lease) of the entire 29.1-acre site and that the parcels are combined as one property (e.g., by parcel map, lot line adjustment or lot ties). Said evidence shall be subject to the review and approval of the City Attorney'S OffICe. (SP Conditlon No. 84) 55. That prior to the issuance of the first building permit, the property owner/developer shall submit a detailed construction schedule which addresses each of the project components. An updated schedule shall be submitted to the Planning Department every six months until lhe project is completed. (sP Condltton No. as) 56. The Pointe'Anahefm project will result (n the reconstruction (inciuding relocation and realignment) of street improvements (including, but not limited to, driveway approachos, streetscape, landscape and bus stop improvements) along Katella Avenue, Harbor Boulevard, Freedman Way and Clementine Street. The property owner/developer shall be responsibie for all costs associated with the preparation and processing of pians for these street improvements and all costs assaciated with the construction of the improvements to the satisfaction of the Public Works Director. A. Prior to the approval of the Final Site Plan application, the property owner/developer shall subrriit a preliminary public right-of-~vay improvement plan that addresses tho proposed improvements. 7his plan shall be consistent with the Anaheim Resort Identity Program, the Anaheim Resort Public Realm Landscape Program and the criteria and construction details that are shown on the approved Katella Avenue and Harbor Bou~evard improvement pians. The preliminary plan shall be prepared to the satisfaction of the Public Works Director and be reviewed and approved by the Pubifc Works Director prior to the approval of the Final Site Plan. B. Prior to the issuance of the flrst building permit, the final plan shall be prepared to the satisfaction of the Public Works Director and be reviewed and approved by the Public Works Director. C. Prior to the first final building and zoning inspection, issuance of a certificate of occupancy or commencement of activities/uses pursuant to Section 18.02.026.020 of the Anaheim Municipal Code, whichever occurs first, tha street improvements shown on the approved plan shall be completed to the satisfaction of the Public Works Director. ~sP cond~rton No. esa, e s c) 57. That the property owneddeveloper shall be re~ponsible for all costs associated with the review of the Final Site Plan by an architect, licensed by the State of California and seiected by the City, to review the Final Site Plan for conformance with The Disneyland Resort Specific Plan Design Guideiines. The property owneddeveloper shall pay all cosls associated with this review prior to the Fir.al Site Plar, being scheduled for a Planning Commission meeting. ~sP cond~tton No. e7) 58. That prior to approval of the Final Site Plan, plans shall show that no less than 20% of the interior courtyards of the Pointe•Anaheim project shall be landscaped with a variety of shrubs, groundcover, mature trees and potted plants to create a lush garden environment for the pedestrian (this landscaping is in addition to the required landscaped selback areas). Seating areas and decorative features including, but not limited to, interactive and decorative water fountains and works of art, may also be included in this percentage. Adjacent to solid portions of building walls (i.e., where there are no store-front windows), small grouping of trees or shrubs, raised planters and si2e furnishings sh211 be located to minimize views of blank walls. (SP cond~Bun No. sa~ 59. That prior to the approval of the Final Site Plan, a line-of-sight study shall be submitted for review and approval by the Planning Department which shows that the light poles on the roof-top areas of the parking structure shall not be visible from the adjacent public right-of-way, as measured from a 5-foot high view point from adjacent off-site areas. ~sP condtrron No. as~ 60. That no exterior-mounted air conditioning facilities shall be perm(tted in the Pointe"Anaheim Overlay. ~sP condrrton No. so) 61. That prior to the approval of the Final Site Plan, elevation plans shall show that all plumbing or other similar pipes and fixtures loca!ed on the exterior of a building or structure shall be fully screened by the architecture of the building; that all exterior appurtenances such as conduits, shall be minimized and integrated into the structure; and, that any ra(n gutters and downspouts and vents shall be finished to match the building materials and/or colors. ~sP condi~ron No. sf) 62. That prior to the approval of the Final Sito Plan, plans shall show how all on-site service and loading area operations shall be fully-screened from the public right-of- Wey. (SP Conditfon No. 92) 63. That prior lo the approval of the Final Site Plan, plans shall show that major project entries shall be enhanced with a more densely planted shrub palette utilizing annual color, perennial color and accent trees. (SP Conditlon No. 93) 64. Tha4 in the event that the building shown in tha middle of the Harbor Boulevard view corridor on Exhibit 5.8.3.f.5 fs destroyed or proposed to be removed for any reason, it shall be replaced with the construction of an equivalent structure (same size and dimensions shown on Exhibit 5.8.3.f.5 and Elevation Exhibit No. 7) in order to provide for the same !imited views of the interior signage in this vfew corridor. Prior to the approvai of a clemolition permit for said buiiding, a Final Sita Plan showing the design of the replacement stru~ture shail have been reviewed and approved by the Planning Commission and a building permit shall have been issued for the new buiiding. Cor~struction of the new building shall commence immediately following demoiition of said buiiding. Prior to the issuance of a building permit for said building, an unsubordinated covenant providing for the reconstruction, approved by the Planning Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Planning Division of the Planning Department. (sP condition vo. s4) 65. That prior to advertising for any special event which will draw visitors to the Pointe•Anaheim project, the details of said event shatl be submitted to and approved by the City Traffic and Transportation Manager. ~sP condrr~on No. ss) 66. "That the granting of the parking waiver is contingent upon operation of the us~ in conformance with the assumptions and/or conciusions relating to the operation and intensity of use as contained in the Pointe•Anaheim Transportation Study, dated December 21, 1998 and prepared by Meyer, Mohaddes Assoclates, that formed the basis for approval of said waiver. Exceeding, violating, intensifying or othervvise deviating from any of said assumptions and/or conclusions, as contained in the Pointe•Anaheim Transportation Study, shall be deemed a violation of the expressed conditions imposed upon said waiver whlch shall subject this Conditional Use Permi! to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of lhe Anaheim Municipal Code. 67. That the subject property shall be developed in conformity with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7??. Further, the petitioner has stipuiated that the Pointe•Anaheim project will be deveioped in accordance with the quaiity, design and architectural integrity shown on the illustrative Exhibits 1 through 7. 68. That within a period of one (1) year from the date of this resolution, Condition No. 84, above-mentioned, shall be complied with, a Final Site Plan shall have been approved showing development plans for tha entire 2~3.1-acre project site, the first building permit shall have been issued and construction shall have commenced on the Pointe•Anaheim project. Extensions for furlher time to complete said conditions may be granted in accordance with Sectfon 18.03.090 of the Anaheim Municipal Code. 69. That approval of this application constitutes approval oF the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approvai does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 70. That any time limitation set forth in the conditions of approval to this Conditional Use Permit No. 4078 shall be tolled during the period of lime that the project is challenged by third-party litigation and/or initiative or referendum. 71. That the approvai of this conditionai use permit is contingent upon the approval and adoption of Amendment No. 4 to The Disneyland Resort Specific Plan. MITIGATION MONITORING PLAN NO. 004 Project : Pointe~Anaheim Project Actions: General Pla~i Amendment No. 359 Amendment No. 4 to The Disncyland Resort SpeciSc Plan No. 92-1 Conditional Usc Pemtit No. 4078 Amendment to the Anaheim ResoR Public Realm Landscape Program Development Agrccmcn[ No. 99-01 Location: East of Harbor Boulevard, South of Froedman Way (future Disney Way), West of Clementine Strcet (future Froedman Way) and North oF Katella Avenue within District A and Portion of Parking District (East Pazkuig Area)/C-R Overlay of the Disncyland Resort Specific Plan Thia Mitigation Monitoring Plau inciudcs tho~e mitigation measures applicablc to t6ia project from Moditcd Mitigatioa ~rlonitoring Program No. 0067 Disneylaud Rcsort Specific Plan (EIR No. 311) and additionatl mitigatian measurq a~ identified in thc Mitigated Negative Declaration approved in coojunction Pointc~Anahcim Project. Terms and Definitions: i. PropertyOwner/Developer-Pointe~AAnaheim,LLC for the n•ith thc 2. ProJect Design Fea W rc~ (PDF's) - Measures inwcporutul into the Pointc~KAnnheint Projecl by thc properiy owner/dcvelo{xz wilh the inlent of minimizing potcntiol environmrntel unpacts. 'ILc projcct I dcsign features includcd in t}iis mitigntion monitoring plan will bc implcmcntr.d es miligation meusun:s. 3. Envimnmeotrl Equlv~lent/Timing - My!'roject Uxsign Fcature or Mitigulion Measure end limuig lhcreof, subjcct to thc epp:ovnl of thc City, w}iich will tinvc the sucne or superior result unJ will liuvc lhc ~unc or suparior elTect on U~e enviromnrnl. Thc Planning D~.•parlmci~t, in conjuncdon with any approprinte agencics or City dcpsrtm~K~ls, shell deterntine th~ aduyuacy of nny propo~uf "cnvironmrntal equivnlcnUtinung" e~~d, if detcrtnined nocess¢ry, mey rcCer snid detenninndon to the Ylanning Commission. My costs nssociet«f wilh inCortnetion rcquired in ord~:r to makc n detaminadon of rnvuocunental cquivulcncy/timing shell be bome by Uic property ovmtt/developcr. Staft'time for rcvicws wiil be cherged on a timc and matcriuls bnsis at the ratc in ihe Citys edoptui Fec Sch~ule. 4. Tlmlog - 17iis is thc point wherc a mitigut~on meusurdprojcct dcsign Cwture m~ut be monitorul for complioncc. In the case wherc mulliplc action itcros erc inJicutaf, it is Uie lir~t point µherc wmplianco associatcd with tlic mitigation m~surrJproject dcsign Ceaturc must bc mo~utored. Ona the initial action itcm hes becn wmplicd wilh, no additionnl monitoring pursuent to thc Mitigetion Monitoring Plan will occur, as rouline City prnctices nnd proadures will ensurc thet tl~e intent of Ute meosurdproject design feature has baen wmplicd wiih. For example, if the timing is, "to b~: shown on approvad building plw~s" subsequent to issuencc of the building pctmil wnsistcnt with lhc approved plnns will bc fiml building end zoning inspeclions pursuant la Ihe building {xnnil to eusurc compliance. 5. Rciponilblltty fur Munltodng - Slwll meun Uwt ~mpliance with Ilie subject miGgntion measure(s) shell bc rc~~icwcd und dclcnninoci odcqun~ by ull dcpn~Uncnts listcal Cor euch nutig;diuu m~:usura ~ Outside public ngcncy revicw is limiti:d lo Uiosc public agrncies specified in tlie MiUgaGon Maniloring Plnn which twve pertnit authorily in conjunction with lhc mitignlion mwsure. 6. Ongolug Mltlgrtlon Mewsurcs - 71~c mitigution mcasures thet ere designnled to occur on an ongoing basis as purt of tlus Milignlion Monitoring Plen will be monilored in the fonn of un wu~uul leucr Gom the pro{x:rty ou~uv/dcvclo~xr ui Jnnuury of wch yeur dcmonsUating how complinnce with the subject mcosurc(s) has becn nchievai. Wli~7i wmpliuncc with a mitigution mcnsurJpraj~rt J~si~~ fcaturc hns lxx~n demonstrntul for a ~xrial of one ycur, moniloring of Uu nutigeGon mcesurdproject design fcalure will bc dce~ned lo tx; sntisficd and no furilicr monitoring wi11 occur, For mitigation measures/projcxt iksign fi~utures Uwt nre to be monilored "Ongoing During ConsWclion", lhe annual letter will revicw lhose mitigation measures/projecl desig~i features only while conswction 1~ occurting; monitoring will br. Jixantinued uller wnsWclion is complck. A Gnul ennunl letla will bc providcd at U~c close ofconsWclion. 7. IIullding Perrolt - For pwposes of Uus Mitigution Monitoring Ple~~, a building pennit sl~ell be JeGned as ony permit issued for coe~vWcGon of n new buildiug or swcwrnl expunsion or maliliwtiou ul' ~ any existing buildLig, bul shnll nol include nny {kxmils rcquired Cor interior tennnl improvanrnls or minor addilions to an existing sUucture or building. PAMAtP1.AN.IXK 3/6/77 PAiligation Monitoring Plan No. 004 Projeci: Poinle~Anaheim Page 2 ;'Timing.`; Measure Responsible for ,.... . . . . _ Monito~in LAND USF-RELATED PLANS AND POLlCIES Prior to aporaval of the Final Site Plans (including, but not limited to, a site plan, elevations, landscape plans and signage plans) Planning Depariment, Plan shall be submitted by the property owneddeveloper and will be reviewed for consistency with Planning Division The Disneyland Resort Specific Plan. Prior to approval of the Final Site The property o~nrneddeveloper will not s2ek to change the entiilements for the 1,050 holel Planning Department, Plan; and, on-going during Project rooms into ar~y other use. These hoteis rooms will be developed as an integr~l part of the Planning Division; construction and operations Project, which will be developed in a continuous single phase. The design of the Project wili incorporate the hotels as integral components of the site plan, and the Projecl's construction will be consistent with said plan. it is noled, however, that as a generai rule, hotels can take longer to design, construct, fumish, equip and train operating personnel than other uses proposed ir. the Project. Notwithstanding, the property owneddeveloper anticipates and will use ali re~sonabte commercial efforts to open a majority (55 % or more) af the hotel rooms concarrently with lhe grand opening date for the reiail, dining and enteRainment components of the Project. Prior to the first final building and The property owner/developer shall have been issued building permits and c~nstruclion shall Planning Department, zoning fnspection, cenificate of have commenced on the remaining hotel rooms. Planning Division; occupancy, or commencement of any ectivitiesluses authorized by Conditional Use Permit No. 4078, and, . As s~on as pre~tcel following the The property owneddeveloper will open the balance of tr~e hotel rooms. Planning Department, grend opening date for the rest of Planning Division; the Project, but ir. no event any later than 18 months ~fter commencement of any aciivities/uses auihorized by Cor.ditional Use Permit No. 4078 LAND USE COMPATIBILITY Prior to approval of the Final Site The properly owneddeveloper shall submit plans de4ailing the setbacks for ihe parking Planning Depertment, Pian structures and lendscaping pians which minimize compatibility impacts of the parking facilities Planning Division on surroundin areas consistent with Section 5.8 of The Disne land Resort S ecific Pian. Prior to issuance of the first building A pre-projec! study of radio transmission from the AM 1500 Highway Advisory Radio Planning Department, parmit Transmission Tower located on the Fire Station No. 3 site shail be conducted by the property Planning Division owner/developer to determine baseline conditions. Six months after topping out or any earlier time as determined necessary by the City of Anaheim, a follow-up study of radio tawer transmissions shall be undertaken immediatel b fhe ro ert owner/develo er. If the Cit of panm~plen.doc 5-7.99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 3 <Timing,:' , Measure, ; ' > Responsible for ' r . , ; : ` : . ;: . ... . ; . ; ' Monitorin Anaheim determines lhat the proposed project creates a significant impact on radio transmissfon, a signal booster relay system, tower relocation, or other solution as approved by the City of Anaheim shal{ be implemented by the propsrty owneNdeveloper as soon as racticable. TRANSPORTATIQN AND CIRCULRT iON Prior to issuance of each building Appropriate traffic signal assessment fees shall be paid by 1he prope~ty owner/developer to the Planning Deparlment, permit City of Anaheim in Fmounts determined by the City Guuncii Resofution in effecl at the time of Buildinfl Division; Public issuance of the building pertnit or credit givon for City-authorized improvements. Worics Department, Tra~c and Transportation Division Prior to approval of the first final The property owner/developer shall ircevocably offer for dedication (with subordination of Planning Department, subdivision map or issuance of the easements), including necessary construction easements, the ultimate rights-of-way ~as Planning Division; Public first buliding pertnit, whichever indiceted in the General Plan Circulatfon Element) for the following arterial highway/street half- Works Departmeot, occurs first sections on ar adJacent to parcels under its ownership to the City of Anaheim: Development Services Division a. Katelia Avenue (to ultimate 8-iane facility) b. Harbor Boulevard c. Disney Way (currently Freedman Way) d. Freedman Way (currentiy Clementine Street) Within 120 days of acquiring If, after the initial dedicetions, any additional parcels are acquired by the properly Planning Deparlment, properties edjacent to arterial owneNdeveloper adjacent to the arterial highway/street intersection half-secUons included in Planr~ing Division; Public highways/street interseclion half MM 3.3-3A of Modified Mitigation Monitoring Program No. 0087, the applicant shall notify the Worfcs Department, sections City in wriling of said acquisition and 4he ultimale rights-of-way for said properties shall be Development Services irrevoc2bly offered for dedication tn ihe City o'r As~aheim. Division Prior to approval of the first grading A phasing plan shall be submitted for review and approval to the City Enpineer demonstrating Public Works Department, pian how the following improvements, as approved by lhe City Engineer, will be r.onstructed by the Traffic and TranspoAation property owneNdeveloper: Division - Freedman Way/Pointe~Anaheim driveway intersection and signai; - Freedman Way between Disney Way and Katelia Avenue (including the median); and -Dual westbound and northbound left tum lanes at the intersection of Disney Way and Freedman Way Prior to issuance of each building Appropriale traffic impact and improvement fees shall be paid by the properly owneNdeveloper Planning Depariment, permit to the City of Anaheim in amounts determined by the City Council Resoiution in effect at the Buiiding Division; Public time of issuance of the building permit with credit given for City-authorized imurovemer~ts Works DepeRment, TraNc provided by th~ prope~ty owneNdeveloper, and, parlicipate in all applicable reimhursement or and Transportation benefit disiricts whfch have been established. - J Division v,,,,~,ri~.aa sa•~~ Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 4 Timing -. ,. . ... Mea. s.ure ; , ; ; . . ,.. . „ Responsible for anitorin To be shown on sireet improvement Access roads leading up to the parking facilities shall be sized to accommodate traffic at peak Public Works Deparlment, plans; to be impiamenied prior to hours, therehy substantially reducing the likelihood of backups onto City streets and freeway Design Division final building and zoning inspection ramfs. for the arkin structure. Prior to issuance of the first building 7he property owneddeveloper shall fuily fund the implementation of the SCOOT System at the Public Works Departmp ~t, pertnit Haster StreeUKatella Avenue intersection and along the Harbor Bouleva~d, Katella Avenue, Traffic and TranspoAatiun Disney Way, and Freedman Way corridors in the Anaheim Resort area. The specific Division improvements to be implemented are identified in Table 4.3-8. Property owneddeveloper shall also fund the installation of SCOOT loop detectors at all 16 localions as well as the inslaliation of new tra~c signal controllers and cabinets at the eighi localions 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 rep~air, if needed to provide additional conduit, will be provided by the property owner/developer to the satisfaction of the City Engineer. TABLE 4.3-8 LOCATIONS FOR IMPLEMENTATION OF SCOf~T 51GNAL SYSTEflA UPGRADE NIlT(GATION MEASURE Intersection Install &COOT Install 2070 Tratfic Loop Detectors Signal Controller • Ball 8~ Harbor X Hafior & I-5 NB Ramps X Harbor & I-5 SB Ramps X Harbor & Manchesier X Harbor & Esplanade X Harbor 8 Dlsney Way X Hartior & Katella X Katelia & Freedman X Katella & Haster X X . Katella & I-5 SB Ramps X X Katella & 1-5 NB Ramps X X Katella & Lewis X X Freedman & Disney Way X X Disney Way & I-5 SB Ramps X X Disney Way & Haster X X Freedman 8~ Painte Anaheim Access X X w~~~.~.a~ S•7-99 Mitigatfon kAonitoring Plan No. 004 Project: Pointe~kAnaheim Page 5 T~m~ng ;': :,:r: ' ! AAeasure -:' '.~ ` ' ; ' Responsibletor Monitor~n Prior to the first final building and The Property owner/developer shall provide proof of particiRation in the Anaheim . Public Works Deparlment zoning inspeciion; and, Transportation Neiwork (ATN) , Tra~c and Transportation Division On-going during Project operations Every owner and/or lessee shall be a voting member of 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 shail participate in ATN coorclinated transportation demand nianagement effiorts desigoed to decrease traffic congestion and increase ridesharing. Every owner and/or lessee shall financialiy participate in :he operation of a clean fuel shuttle system, if established. Every owner and/or lessee shall designate an on-site contact who will be responsibie for coo~inatin with the ATN and im lementin all tri miti ation measures. Prior to approval of the Final Site A Parking Structure Layout and Signing P{an demonstrating a layout of required parlcing spaces Public Works Department Plan and signage shall be provided to the Public Works Department, Traffic and Transportation , Traffic and Transportalion Manager, for rQView and approval. Division Prior to final building and zoning The propeRy owneddeveloper will implement and administer a comprehensive 1 ransportation ?ublic Works Department inspection; and, on-going during Demand Management (TDM) program for all employees. Objectives of the TDM program shall , Traffic and Transportation Project operations be to increase ridesharing and use of altemative transportation modes by guests and provide s Division menu of commute altematives for employees to reduce project-generated trips. A menu of TDM program strategies and elements for future employee commute options include, but are not limited to, the foilowing: . Onsite Servfce. Onsite services, such as food, retail, and other services be provided. • Ridesharing. A computer listing of all employee members be develo~ed for the purpose of providing a"matching' of emplayees with other employoes who live in the same ~ geographic areas aod who couid rideshare. • Vanpooling. A computer listing of all employees for the purpose of matching number~ of employees who Iive in geographic prox6mily to one annther and wuld comprise a vanpool. ~ • Transit Pass. Southem Califomia Rapid Transit District and Orange County Transportation Authority ((ncluding commuler rail) passes be promoted ihrough financial assistance and onsite seles to encourage employees to use the various transit and bus services from throughout the region. . Commuter Bus. As commuter "express' bus service ex~ands thraughout the region, passes for usp on these lines may be provided for emptoyees who choose to use this service. Finencial incentives be rovided. parrunpten.aoo 3•7•99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 6 Timing ° _ Mea§une . ,., . :: ,:;' ; ' ; , ,: ; . > Responsible for Monitorin . Shuitle Service. A computer listing of all empioyees living in proximity to the project be generated, and a local shuttle program offered to encc~rage employees to travel lo wark by means other than ihe automobile. • Bicycling. A Bicycling Program be developed to offer a bicyGing aftemative la employees. Secure bicycie racks, lockers, and showers be provided as part of this program. iNaps of bicycle ro:des throughout the area be provided to inform potential bicyGists of these options. , a Rental Car Fleet. A"fleet vehicle' program bei devaloped to provide employees who lravel to worfc by means other than an automobile with access to automobiles in case of emergency, medical appointments, etc. This service would help employees use altemative modes of t~ansportation by ensuring that they would be able to have personat t~ansportati~n in the event of special circumstances. =~uaranteed Rlde Homs Frogram. A program to provide employees who rideshare or use , transit or ottier means of commuting to work, with a prearranged ride home in a taxi, rental I car, shurile, or other vehicle, in the event of emergencies during the work shift. . Target Reduction of ~Longes9 Commute Trip. An incsntives program for ridesharing and . other altemativ9 transpo~tation modes to put highest priority on redudion of longest employee commute trips. • Stagger shifts. • Develop a'compressed work week' program, which provEdes for fewer work days but lon,er daily shffls as an option for employees. • Explore the possibflity of a`lelecommuting' propram that would Iink some employees via electronic means (e.g., computerwith modam). • Dev~lop a parking management pro~ram that provi.des Incenlives to those who rideshare or use transit means other than single-cccupant autu to travei to work. • Access. Preferential access to high occupancy vehicles and shuttles may be provided. • Financial Incentive for Ridesha~ing and/or Pubflc Transit. (Curcently, Federal law provides tax-free status for up to ~60 per monlh per employee contributions to employees who vanpool or use public transit including commuter rail and/or express bus pools). • Financial Incentive for Bicycling. Employees offered financial fncentiv~s for bicycling to work. • Special "Premium' for the Particlpation and Promotion aT Trip Reduction. TickeUpasses to special events, vacetfons, eta. be offered to employees who recn~it olher employees for vanpool, cerpool, or other trip reduction programs. •• Actfvely recruft prospeclive empioyees resfding with(n a 30-m(nute commute shed. • Dss(gn Incentive programs ior cerpooling and other altemative transportat(on modes so as to put hfghest priority on reduction of longest commute tdps. ~t.na« sa.~~ Mitigatfon Monitoring Plan No. 004 Project: Pointe~Anaheim Page 7 Timing ; . . ; ! Measure ! ; Responsible for , _ . Prior to the first final building and . ; : . The property owneddeveloper will provide a Parking Maintenance and Operation Plan to the Monitorin Public Works DepaAment zonine inspeciion; and Implementation on-going during Public Works Department, Traffic and Trensportation Manager, for review and approval; and, said Plan shell be implemented on an an-gaing basis during Project operation. , Traffic and Transporlation Division Project operations TRANSPORTATION AND CIRCULATION Pailcln Prior to a~proval of the Final Site The Pointe Anaheim partcing stn~cture will be designed to provide slriped parking spaces for Public Works Department Plan; snd 4,800 cars and 25 bus spaces, with the ability to accommodate 40C more vehicles. The size of , Tra~c and Transportation the parking garage will increase to approximately 1,600,000 squam feet, and will add up to two Division leveis to the garage structure. The height of ihe structwe will .e w~thin the established height IimitaNons set forth in The Disneyland Kesort Specific Plan. Prior to the first buildfng and zoning Further, the prope~ty owneNdeveloper will submit a pian to the City's Traffic and Transportation inspeci(on Manager for review end approval demonstrating how the propeRy owneNdeveloper will either provide or cause to be provided on the days and at the times needed to accommodate guest demand, tandem employee paiicfng, valet parking (for hotel, retail, dining and entertainment uses), or other means to increase tho number of City standard dimensioned parking spaces evailable for visitors to Pointe Anahefm, bringing the total number of vehiclos that can be accommodated in the garage to 5,200 cars. Pedestrlan Safe Upon commencement of any If reasonably needed in order to regulate the flow of pedestrian lraffic, as determined by the Public Works Depariment adivity/uses aulhorized by Conditionat Use Permit No. 4078; City's Traffic and Transportation Manager, the property owneddeveloper shall pay all cosis associated with providing one or more pedestrian crossinfl officers at Harbor Boulevard and , Traffic and Transportation Division and, on-going during Project Disney Way, in order to facililate the flow of pedestrians during the "Peak Period ' which is operations , 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, durinfl and following Christmas week; Easter weeks (one week before and one week after); and, at any olher time determined to be necessary by the City's Traffic and Transportat(on Manager. The continued need for this officer(s) will be reviewed by the City's Tra~c and Transportation Manager at least once annually, and the days and/or hours of psdestrian crossfng ofticer staffing shail be adJusted, when detertn(ned necessary by the City's TraKc and Transporlation Manager. ~~~,.a« S•7.99 Mitigation NAonitoring Plan No. 004 Prajoct: Pointe~Anaheim Page 8 `7iming' ° .. Measure .. , < ; Responsibletor , _ >; ;; . NAonftorin Prior to the first final building and The property owneddeveloper sfiall submit to the City's Tra~c and Transpo~tation Manager for Pubiic Works Department, zoning inspection; and, review and spproval, a program for cooalinating traffic signal timing in ihe area (within the 7raEfic and Transporiation limits of ihe Scoot signal upgrades) which shall thereafter 6e implemented by the property Division owner/developer. In addition, the property owneddeveloper shall submit to the City's Trafiic and Transportsffon Manager for review and approval, a study assessing the benefits of resiricting, during certain peak exiting times, pedestrian crossings on the crosswalk Iccated on the north side of the intersection of Harbor Boulevarcl and Disney Way to improve the Girculation uf vehlcular traffic by causing alf east-west crossing pedesrian tra~c to occur on the south sfde of such intersection where pedestrian crossings will not slow the east to north tuming movement of cers exiting Disneyland. ~ On-going during Project operations If s!:: h res4ricted pedestrian movement is determined to be necessary by the Ci:y's Traffic and Transp~rtation Mianager, the property owner/developer shall pay all cosls associated wbth the design and implemeniation of such restrided crosswaik for this intersection to the satisfaction of the City Engfreer, within the timeframe established by the City Engineer. AIR QUALiTY Prio~r to issuance of each building The properiy owneddeveloper shall comply with all SCAQMD olfset regulations and South Coast Air Quality permit implementat(on of Bast Availabie Control Technology {BAC'n for all permitted new and Management Districl; modified stationary sources. Copies of permils shali be given lo the Planning Department. Planning Department, Planning Division On-going during Project operations The propeKy owner/doveloper shall schedule goods movements for ~ff-peak traKc hours to Public Works DepartmenS, reduce emissions to the extent practicable. Traffic ar~d Transportatior~ Division Prior to issuance of each building The property owneddev.eloper shall subcnit Pvidence that low emission paints ~nd coatings are South Coast Air Qualiiy peRnit utilized in the dasign and construction of buildings in compliance with AQMD regulations. This Managemeni District; informatfon shall be denoted on the project plans and specificalions. Planning Liepartment, Building Division Prior lo issuance of each building The project design tvill incorporate the following energy-saving fealures which will also Pubiic Utilit~es permit contribute to reduced emissions: Department, Electric Services Administration, • Improved thermal integrity of structures and reduced .hermal load throu~h use of a~tomated Resource Effcr-:mcy time clocks or acc~pant sensors. . Effic(ent heating and other appliances. • Incorporatioe n,t appropriate passive solar desigr~. • Proper sealing of buildings. w~ai~.aa s-;-~~ MitiBation Monitnring Plan No. 004 Project: Pointe~Anaheim Page 9 Timing ,:! ;:: ; ; Measure Responsible for ' . _ , Monitorln On-going during Project operations The property owneNdeveloper shall padicipate in marketing proflrams whi~h promote the Public Works Dep~rtment, Anaheim Resort area as a mini-vacation site to encourage use of facilities wi!hin the area Trafiic and Transportation rather than takin cars to destinations off-site. Division tdOISE . Priar to approvai of the Final Site The design and orientation of any use, ss~ch as those which couid involve ampiified live music Planning Depadment, Plan and open-air festiva! events and the family entertainment center, shall be reviewed by a Building Division and certified acoustfcal engineer. The property owneddeveloper shall submit a report, for review Code Enforcement and approval by the City, to ensure that noise from areas which involve live ampiified music, Division open-air festivel events, do not exceed the noise levels estabiished by the CKy of Anaheim Sound Pressure Levei Ordi~ance. Prior io final building and zoning A Noise Moniloring Program prepared by a certified acoustical engineer shall be submitted to Planning Department, inspections the Planning Department for review and approval for any compo~ent of Pointe Anaheim that Planning Division and has the potential to involve amplified music or noise from open-air festival events and, within Building Division nine munths af commencement of said activity, the property owneNdeveloper shall submit the resulls of the Noise Monitoring Program conducted by a cerlified acouslical engineer to ensure that there are ~o violations of the Sound Pressure Level O~dinance from the Pointe Anaheim activity outside the Project. If noise in excess of the Sound Pressure Level Ordinance is detected, the property owneddeveloper shal! modify operations within three days to bring the noise-generating activity into conformarce with the Soun~ Pressure Level Orclinance. EARTH RESOiJRCES - GEQLOGY, SOILS AND SEISMICITY Prior to approval of each grading The property owneddeveloper shail submit a thorough soils and geological report for the area Public Works Depa~tment, plan to be graded, based on proposed grading and prepared by an engineerinfl geologist and Development Services geotechnical engineer. The report shail comply with Title 17 of the Anaheim Municipai Code. Division Prior to issuance of each building The property owneddeveloper shall submit for review and ~pproval detailed foundation design Planning Depariment, permit information for the subject buildings, prepared by a civil engineer, bssed on recommendations Buifding Division by a geotechnical engineer. Prior to issuance of each foundation The property owneNdeveloper shall submit a report prepared by a geolechnical engineer for Pianning Department, permit review and approval which shall investigate the subject foundalion excavations to determine if Building Division soft layers are present immediately beneath the footing sita and to ensure that compressibility does not underlie the footing. Prior to iss~ance of each building The property owneNdeveloper shall submit plans showing that the proposed stnicture has been Planning Department, permit analyzed for earthquake loading and designed accorriing to the most recent seismic standards Building Div(sion in the Uniform Building Code adopled by the City of Anaheim. P~i.~.da 3•7•99 Mitigation Moniforing Plan No. 004 Project: Pointe~Anaheim Page 10 ~Timing : . ,. ;.:; < Measure ; : ,; ,.: , ; ; ; ,: % . ~ > ,: . ,. _. >: ;. Regponsible for : Moniforin GROUNDWATER AND SURFACE H YDROLOGY Prior to approval of a grading plan; The pro~erty owneddeveloper shall submit a Master Drainage and Runoff Management Plan Public Works DEpartment, and, implemented during Project (MDRMP) for revi~w and approval and pay the required South Central Area Master Plan of Development Services constn:~:;!on end operaQon Dreinage (SCAMPD) storm drain fees. The Master Plan shall includc~, but not be limited to, the Division; Ftegional Water following ftems: Quality Control Board; a. Backbone storm drain layout and pipe size, including supporting hydrology and hydraulic Orange County Flood Control District . caiculations ior storms up to snd tnGuding the 100-year storm. b. A delinea4ion of the improvements to be implemented for control of project-generated I drainage and runoff. c. Detailed assessment oT existing water quality, potential water quality impacts, and a description of proposed measures to maintain water quaiity to the extent required by lhe Nat(onal Pollutsnt Discha~ge Elimination Syslem (NPDES) and its regulations, including the following: (1) Incorporation of structural and nonstructural City-controlled Best Manapement Practices (E3MPs). BMPs shall, to ihe extent permitted by law, include, but are not limited to, containment of masonry and palnt wastes an the constrvcfion site; proper disposal of vehicle fuel and maintenance wasies; disposal of trash and debris; prohibiUng water wash down of paved areas {both during and afler construction unless allowed by the NPDES permit); and educationftraining for canstn~dion workers on these practices. Engineering details, maintenance procedures, and funding responsibillties of these BMPs shali also be described. (2) Incorporation of ineasures to comply with applicable aclions to be identified by the RWQCB in conformance wilh the Stete Water Resources Control Boab (SWRCB) statewide water quality control plan for inland surtace waters, adopted April 11, 1991. (3) Description of a water quality monitoring program to monitor water quality during and subsequent to constrvction and to evaluate the effectiveness of BMPs. The water quality monitoring program shall identify: (1) 4he person/agency responsible for implementing the program, (2) sources of pollutants in runoff (e.g., nuisance flows from development areas, irrigation flows), (3) specific types of pollutants expected In runoff that will be monitored (e.g., total suspended solids, phosphorous, tead), {4) water quality sampling sietions that are representative of runoff from the source, identified above 5 sam lin ro ram methndolo includin devices to v~i.~.aa S•7-97 AAitigation Monitoring Plan No. 004 Project: Pointe~Anahesm Page 11 ,, Timing :: ', „ ; ; : ; ' : Measure ,:: •.: ;:. ;; '' ~ '; Responsible fo , Monitorln ~ be used and frequency and duration of sampling, (6) method for evaluating data collected from a sampling program, including threshold standards for determining effectiveness of BMPs, and (~ additionat measures, if necessasy, to increase the effec!i~,ieness of the BMPs to the threshold standards identified in C 1 above. Prior to issuance of each building The property owneNdeveloper shall submit landscaping and irrigation plans and an Irrigation Pubiic Uliliiies pe~~~ Managemen~ Program. This landscepe plan shall include a maintenance program to control Department, Electric the use of fertilizers ~nd pesticides, and an irrigation system designed to minimize surface Services Administration, runoff and overwatering. Additionally: Resource Efficiency; a. The landscepe plans shall be prepared and certified by a licensed landscape architect. Community Services Department, Parics The landscape architect shgll submit plans in accorclance with Anaheim's Landscape Division; Planning Water EKciency Orciinance and Guidelines. Department, Planning b. The Irrigation Management Program shali specify methods for monitorinp the irrigation Division ' sysiem and shalt be designed by an irtigation engineer (plans to be subrn'r,NPd in accordance witt~ the Specific Plan). The system shalt ensure that irtigation rates do not exceed the infiltration of i~cal sofis and that the applfcalion of fertilizers a~~ pesticides do not exceed appropriate levels of frequencies. c. The landscape and imgation plans shall be developed to be consistent with the provisions of the SpeciBc Plan, which require that the maximum annual water allowance for the project not exceed 80 percent of the mean annual evapotranspiration, or that the IanJscape irrigation system include water-conserving featuros such es low-flow irrigalion heads, automatic irrigation schedulfng equipment, flow sensing controls, rain sensors, soil moisiure sensors, and otl~~er water=cc~nserving equipment. In addition, all irrigation systems shall be designed so that tn~y will function properly with reclaimed water, if it should become available. On-going during Project operations The property owner/developer shall provide for the foliowing: cleaning of all paved areas not Public Works Department maintained by the City of Anahefm fncluding, but not Iimited to, private streets and parking lots , Streets and Sanitation on not fess than a monthly basis. Using water to clean streets, parking lots, and olher areas Division shall be allowed on a periodic basis if allowed in the applicanYs NPDES permit. Nighlly washdown shall be aliowed in the family entertainment center and, where advisable to maintain safe and sanitary working condilions, ff allowed fn the propeKy owneddeveloper's and City's NPDES pertnit. Flushing debris, res(duo, and sediment down 4he storm drains shall conf~rm to the property owner/developer's NPDES requirements. Property owner/developer agrees that malerial deposited in City storm drains shall not be in violation of the City's NPDES permit. pammptu~.aoo S•7•99 MitigaQon Monitor(ng Plan No. 004 Projecl: Pointe~Anaheim Page 12 Timing . Measure > ; :: ` Responsibie for _. Prior to each final building and , ,; The property owneddeveloper shall submit a Certificate of Substantial Completion, as Monitortn Pianning Department zoning inspection described in the Specific Pian, which establishes that the landscape irrigation systems have , Planning Division been installed as s ecified in the a roved landsca in and irri ation lans. To be instailed with Project waler To reduce the projecYs demand on polable water, the property owneddeveloper shail insta~l Public Ulililies mains; and, to be connected if reGaimed water becomes available water lines on-site so 4hat reclaimed water may be used for IandscaFe irrigation and other u os Department, Water CONS7RllCTION es. Services Administration Demopilon And Earihwork Prior to issuance of each grading perrnit (for ImpoN Exprrt Plan) and The property owner/developer shall submit Demolition and ImporUExport Plans. 7he plans shall include identification of offsite locatians far material ex ort fro o e th t d Pubiic Works Department, prior lo issuance of demolition p j m e pr c an options for disposal of excess material. These options may include recyclirtg of material.s onsite sale TraKc and Transportatiun Division permit (for Demolition Plan) , to a soil broker or contractor, saie to a proJect in the vicinity or transport to an environmentaily cleared landfill, with attempts made to move it within Orenge County. The property owneddeveloper shall offer recyclable building materials, such as asphalt or concrele for sale or removal by private firms or public agencies for use in constructlon of other projecls, if not all can bo reused on the project sile. Trens ortation and Circulation Prior to issuance of the first building permit; and The property owneNdeveloper shall submit a Traffic Mitigation end Const~uction Phasing and C t l Public Works DepaAment, , on ro Plan. The Traffic Mitigation, Construclion Phasing and Control Pian shall identify the Traffic and Transportation following: Division; Planning a. A Constniction Staging Area Plan showing the location and size of the construction staging Department, Planning Division area. The Plan shall also show how the staging area will be screened from view in compliance with tl:e Ciky af Ar~u;iefm Municipal Code. Prior to approvai of a grading plan or b. A Construction Barrier Plan showing the location and types of barriers that witl be in place issuance of demotition or building during grading and construction. Said plan shall provide for all construclion areas to be permits, whichever occurs first; and, screened from view, in compliance with the Cily of Anaheim Municipai Code and shall inciuda provision for ihe type and height of the barri~rs 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 (dentifying truck routes along arterials, avofdinp residential areas to issuence of domolition or building the extent feasible and In compliance with the Sound Pressure Level O~dinance The Plan permit, whichever occurs first; and, . shell show confortnance with the extemal noise limits for constructlon between 7 p.m. and ' a.m. The Plen shall also prohibit constn~ction traKc on residential streets where improvements are not planned and shail provide measures to ensure that truck drivers are directed ewa from resfdential streets and travel on a roved routes ont . v+~+~a~~.d« sa•9v Mitigation Monitoring Plao No. 004 Project: Pointe~Anahoim Page 13 ,, Tirnin 9 ; ` ; ; Measure ` ` ' " . <: . ,_ ;, : ' Responsible ior onfto~in Measures ta assist in g~iding t~uck movement on the arterial roadway system include, but Public Works Depanment are not limited to, provision of tn~ck route maps to truck drivers and placement of , Traffic and Transportation ilagpersons and construction signaflp at appropriate locations. The Truck Route Plan shall Division; Planning provlde for monftoring of slreel conditlons and potential repairing and/or repaving by DepaRment, Code property owneddeveloper after campletian of construction as required by the City Enforcement Division Engi~esr. This plan shall be adhered to throughout the project const~udion period. Prior to approval of a grading pta!~ or d. A Construclion Traffic Management Plan wriich inciudes mechanisms to reduce Public Works Department Issuance of demoliUon or buildin~a con~tructfon-related t~affic congestiun which shall be (mplemented during grading and , TraKc and Transporiation permit, whichever occurs first; and, construction, inciuding, but not limited to, the fc~ilowina: Division (1) Configure construction parking to minimize onslte and offsite traific interference. (2) Mfnimize obstruction of through-traffic lanes. {3) Provide flagpersons to guide traffic, as determfned in the plan. Prior ta appro4a: of the first flrading plan; and e. A Tr~o Reduction Plan for construction crew vehicles shall be prepared to reduce potontial ri Pubtic Works Department, , ve r;;,~ trips on the road and identify parking iocations for connruct(on employees and Traffic and Transportatirn equipr~ent. Division; Planning Department, Planning . Dfvision Prior to issuance of the first building permit; and f. A Ta~afffc Man~apement Plan for phasing of roadway improvements, spec(fy(ng the Public Works Department, , sequ.encing of construction to do the following: Traffic and Transportation (1) Coordinate scheduling with other infrastnicture improvements lo allow them to be Div(sion facilitatod efiiGontly during roadway improvements, such as sewer, storm drain, and water Iine improvements. (~) Outline procedures for any required traffic detours during construction, including p~ ~vi~:~ n ot tour bus stops. (3) F'h~;~se eact~ roadway improvement to allow access to all existing bus(nesses. In some in~dances this Nrill requ(re lane-by-lane renovntion, temporery bypass roads, or traffic rernut~s. (4) Emplo~ ve~iicel shodng as often as possible, Th(s will minimize the amount oi road surface the! will be dfstur'oed et a given location. P.~y,i.~.d«: s•~.» Mitfgation Monitoring Pian No. 004 Project: Polnte~Anaheim Page 14 ° T~min 9 ' , ., ,;; <, , . . ': Measure ; _> ,:: < > . ::.:•. >:» . , ., :. > ': < ,. .. ., . . : _ ; : ::: . .... _ .. :. , _ o r > . Monitorin (5) Sequence the construction of each roadwa~r improvement ta minimize disruption to iesidents and businesses. (8) Establish offsite par~cing and staging areas, where practical and possible, to minimize the impad to existinp level of servlce on adjacent roadways. These offsite parking and staging ereas will altow a dispersion of tra~c flow to noncritical areas and will encourage bussing of construction workers from the offsife areas to the construction sitas. (7) identify how the project improvements construction schadules and haul routes will be coordinated with other areawide improvements. The property owner/developer shall coordinate with tt. 'onvention Center and area hotels to ensure continued operations of these facii~cies, as well as the continued operation of the existing Disneyland theme park and Disneyland Hotel. Prior to issuance of ihe first building g. An Infrastructure Coordination Plan showing how tha projeci improvement construction Public Works Department permit schedules a~d haul routes will be coordinated with other areawide improvements. The , Tra~c and Transporlation property ow~iar/developer shall coorcJinate with adjacent uses to ensure continued Division operations of theue facilities, as well as the continued operation of the existing Disneyland theme pa!k and Disneyland Hotel. On-doing during constructlon The property owrrierldeveloper shall submit a quarie~ly up~fate report showing const~uction Public Works DepaRment, activities forthe upcoming quarlerwhich shall include traffic mitigation and control pianning Traffic and Transportation and construction scheduling. Division Prior to approval of each grading The property owneddeveloper shall show how the project will be in compliance wilh the Traffic Public Works Department plan Mitigation and Construction Phasing and Control Plan. , Traffic and Transportation Division and Developmenl Services Division On-going during construclion if Anaheim Police DepaAment or Anaheim TMC personnel are required to provide temperary Police Department; Public trEffic contral servfc;es, the properiy owneddeveloper shall reimburse the City, on a fair share Works Department, Tra~c basis, if applicable, for reasonabie costs associated with such services. and Transportation Division -~+~~a~•,ta« S•7-99 Mitigation Manitoring Plan No. 004 Project: Pointe~Anaheim Page 15 Timing . ,: . . ; :. , ...; ..,, ,. lr Qua! ' ` '; ; `:': ; Measure ' " ,.: ;. , ;: ,;: ,, , '; i. ; . . :.:. , :F~esponsiblefo r 1lrlonitorin On-go{ng during construction The failowing measures will be followed by the property owneddeveloper to reduce air qualit~ Planning Department, impacts: Building Division; Public a. Norma! wetting procedures or other dust palliative measures shali be foliowed during Wortcs Department.. Development Services earth-moving operations to minimize fugitive dust emissions, in wmpliance with the City Divisfon ot Anaheim Municipai Code. 'tr. Roadways adjacent to the project shall be swept and Geared of any:spilled export material at least twice a day to assist in minimizing fugitive dust; haut routes shall be cleared as needed if spills of material exp~rted from the praject site occur. c. Where practicable, heavy duty construdion equipment shall be kept onsite when not in operatfon to minimize exhausl emissions associated with vehicles repetitiously entering aod ex(iing the project site. d. Trucks ImpoRing or exporting soil material and/or debri~ shali be covered prior to eutering public streets. e. Manualiy irrigate or activate irrigation systems necessary to wster and maintain the vegetation as soon as planting is completed. (. Reduce tra~c speeds on all uopaved road surtaces 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 Rulo 403, which restricts visible emissions from construction. i. Use low emissio~ 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 fue! for equipment, to the extent practicable. t,d„~~vi,~.aa 3•7•99 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 16 ,:Timmg :; `: _ > ; ' Measure : :. , . ; > - esponsibie fo r On-going durirg construction . ; : ;: : c, ;; '. ; The property owneNdeveloper shali implement the following to limit emissions from - MonEtonn Air Quality hAanagement architectural coatings end asphalt usage: District; Piannir~g a. Use nonsolvent-based coatings on buildings, wherever nppropriate. Department, Building Division b. Use solvent-based cnatings, where they are necessary, in ways that minimize solvent emissions. c. Encourage use of high-solid or water-based coatings. On-going during construction All consiruction contractors shall comply with SCACiMD regulations, including Rule 402 which Air Quality ilAanagement specifies that no there be no dust impacts offsite sufficient to cause a nuisance, and SCAQ°AD District; Planning Rule 403, which reslricts visible emissfons from construction. Rule 403 was amended by the Department, Building SCAQMD after preparation of The Disneyland Resort EIR No. 311. Specific measures Division contained in the rule to reduce fugitive dust include the following a. Apply chemicai slabilizers to disturbed surtace areas (completed grading areas) within five days of con7pleting grading or apply dust suppressants or vegetation sufficient to maintain a stabilized surface. b. For open storage piles, apply water hourly or cover with temporary coverings. c. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surtace crust and prevent the release of visibte emissians from the construction site. d. Wash mud-cov~are~~ tires and under-carriages of trucks leaving construction sites. e. Provide for street ~weeping, as needed, on adjacent roa~ways to remove dirt dro~ped by construction vehicles or mud which would otherwise be cs3rried off by trucks departing project sites. Nolse On-gc~!;g during demolition and Construction noise shall be limited by the preperty owneNdeveloper to 60 dBA alonq the Planning Department consiruclion , property boundaries before 7:00 a.m. and after 7:00 p.m. as govemed by Chapter 6.7, Sound Building Oivisfon and Pressure Levels, of the Anaheim Municipal Code. Caie Enforcement Divlsion a,~,~a~.Raa 3•7•97 Mitigatip~s OAanit Project: ~ai,~te~~ On-,~oing durii Flydrolo~; y ar ~Jn-going durii Priar to issuan permit Hazardous M, On-going durir construction EMPLOYMEN On-going durir _..__ _""'_'"" _.._.... _... .1 .......... ........~.....,..• •a~~vu.~~~~,~~c~.vi~vi~~i~..ICVCIJ. PUBLIC SERVICES AND UTILITIES Flra Protectlon Prior to commencement of slructural On-site fire hydrants shall be installed and charged, as required, by the property Fire Department framing on each parcel or lot owner/developer. Prior to approval of each grading The property owneddeveloper shall submit an emergency fire nccess pian to ensure that Fire Department ~a~ service to the site is in accordance with Fire De artment service re uicements. Prior to issuance of esch building The property owner/developer shall submit a Construciion Fire Pratection Fian which shall Fire C~p~rtment Pe~~~ include detailed design plans for accessibility of emergency fire eyuipment, fire hydrant location, and any other constn~ction features required by the Fire Marshal. The properiy owner/developer shall be responsible for securing facilities ecceptable to the Fire Department and h drants shatl be o rational with re uired firo flow. pamn~p~~n.doc S•7•99 Mitigation Moniloring Plan No. 004 Project: Pointe~Anaheim Page 18 Timing ;, . Prior to issuance of eech building permft; to be fmplemonted prior to each finai building and zoning Ins ctfan Measure '; ' -': ;; . Plans shali indicate that all buildings, exGusive of open parking slructures, shall have sprinklers instalied by propaAy owner/developer. ResRonsible tor Monitorin Fire Departrnent Prior to Issuance of each building Plans shall ba submitted to ensure that development is in accordance with the City of Anaheim Fire Department permit Fire Department Standards, including: . a. Overhead clearance shall nol be less than 14 feet for the full widlh of access roads. b. Bridges and underground stru~tures to be used tor Fire Department access shali be designed to support Fire Department vehicies weighing 75,000 pounds. c. All underground tunnels shali have sprinklers. Water supplies are required at the entrances. Standp(pes shall also be provided whe~~ deteRnined to be necessary by the Ffre Depertment. d. Adequate offsite public flre hydrants contiguous to tha Specific Plan area and onsite private fire hydrants shall be provided by the properiy owneddeveloper. The precise number, types, and locations of the hydrants shall be determined during buitding permit review. Hydrants are to be a maximum of 400 feet apart. e. A minimum residual water pressura of 26 psi shall remain in the water system. Flow rates for public parking facilities shall be set at 1,000 to 1,500 gpm. Prior to i~suance of the first building The property owneddeveloper shall comply with the Fire Proteclion Facilities and Paramedic Fire Department permit Services Impact Fee Program (per Ordinance No. 5498 and Resolution No. 95R-73 dated May 16, 1995). Prior to approvat of sireet The water supply system shall be designed by the property own~r/developer to provide Fire Department Public improvement plans su~cient fire flow pressure and storage for tiie proposed land uses and fire proteclion in , Utiliiies Diapartment, accordance with Fire Department requirements. Water Services Administration Prior to each final building and The property owneNdeveloper shall place emergency telephone servlce numbers in prominent Fire Department zoning inspection locations as approved by the Fire Depar4ment. On-going during Project operalions The property owneddeveloper shall coordinate earthquake training with the Fire Department for Fire Deparlment hotel staff and other employees. pertur~p~enaoc S•7-99 Mitigatfon Monitoring Plan No. 004 Project: Pointe~rtAnaheim Page 19 Timing . Measure ; . ' Responsible for Prior to issuance of each building The property owneNdevelopershall submit an earthquake emergency response plan for review Monitorin Fire Department permit for hotels and approvat. That plan shall require posted notices in all hotel rooms on earthquake safety procedures. Pollce Serv/ces Prior to issuance of the first building Plans shall be submitied showing the location of a police/security office (dentifiable and easily Police Department permit; and, accessib!e by the public (i.e., "store-iront' iype of space) along with dedicated parking spaces for Polfcs Department empl~yees working in the space with?n tho project site to lhe satisfaction of the Police Department. Prior to the first final building and Said space shall be made available to tha Police Depariment for permanent occupancy at no zoning inspection cost to the City. On-going during Project operations Property owneddeveloper shall staff the Proje~ with the needed level of uniformed private Police Department security o~cers wortcing fn pafrs for patrol and surveillance of tl~e facilit(es to the satisfaclion of the Police Department, including possibly 24-hour ;overage. Prior to issuance of each building T'he Police Department shall review and approve the safety measures incorporated into the Folice Depanment permit oreject including the parking structures. The security measures shall include, but not be limited to, closed circuit television surveillance/ cemeras and recording equipment or other substitute sec:urity measures as may be approved ty the Police Department for the parking structures/facilities, lighting, and other defensible space measures throughout the projecl, as determined necessa b the Police De artment. So/!d Wasie Prior lo the first fina! zoninfl and building inspectioi The property owneddeveloper shalf submit project plens to the Director of Maintenance for r i d Public Works Department, ev ew an approval to ensure that the plans comply with AB 939, the Solid Waste Reduc;~:n Streets and Sanitalion Act of 1989, as Implemented by the City of Anaheim, tlle County of Orange Integraled Waste Dfvision Management Plan, and tho Cily ot Anaheim Inteerated V~/aste Management Plan. Prior to the first final zoning and A Solid Waste Management Plnn shali be submitled for review and approval by the property Public Works Department building inspection; and, fmplemented during ProJeq owneddeveloper tu ensure that the project plans comply ~r:;th AB 939, as admin(stered by City of Anaheim, and iha County's and City's Intearated Wsste Management Plans Wa le , Streets and Sanitation Di i i operatfons . s manegement mitigation measures thal shall be taken to reduce solid wasle generatlon shall s v on include: a. Detailing the localfons and design of solid waste and recyGables storage and collection ; faailities. , i w~~i,n.aa 3•7•99 lutitigation Monitoring Plan No. 004 ?roject: Poi~~te:YEAnaheim Page 2Q ' T~ming '. ;. i:: - ; `: Measure : < ; ; e.sponsible fo r < ;: ~;:;: . : ,. ` ° Monitorin b. Complying with all Federal, State, and City regulations for hazarclous material disposai. c. PaRicipating in the City of Anaheim's voluntary "Recycle Anaheim' program or other substitute program as may be developed by the City. In orcler to meet the requirements of the Solid Waste Reduction Act of 1989 (AB 939), the property owner/developer shall implement numerous solid wasle reduclion programs inGuding, but not Ilmi4ed to, the following: • Facilitating paper recycling by providing chutes or convenient locations for sorting and recycling bins. • Facilitating cardboard recycling (especially from retail areas) by providing adequate space and centralized locations for colieclion and baling. ~ Facil(tating glass recycling (especially from rest~urants) by providing adequate space for sorting and storing. • Providing trash com~actors for nonrecyclable materiais, whenever feasible, to reduce the total volume of solid waste and the number of trips required for collection. • Prohibilion of curbside pick-up wi4hin the Pointe Anaheim project. • Rec clin of landsca e reen wasie. Schools Prior to issuance of each building The property owneddeveloper shall provide proof that school impacf fees have been paid Planning Department permit cor.sistent with State statute. , Building Division Prior to commencement of The property owned developer shall coordinate with lhe Anaheim Union High School District to Planning Department uses/adivities authorized by incorporate a retail training program irtto the Project for interested high school seniors. , Pianning Division Conditional Use Permit No. 4078; and, on-going during Project o rations Prior to commencement of The property owned developer shatl coordinate with the school districts in Anaheim to Planning Deparlmenl uses/ectivitfes authorized by incorporate a school program into the ansite theaters for the benefit of local schaot chiidren. , ~`lanning Division Conditlonal Use Permit No. 4078; and, on-guing during ProJect operations w~u„a~.ndo~ sa•~~ Mitigation Monitoring ?lan No. 004 Project: Poinie~Anaheim Page 21 ` Tim~ng ; ;. °! _ Measure ; ; ; f Responsibte for _:' . . . . ,;; ! , ; , > ,: , ; , ,.: , , , ; , _;;. ,:::: . , ,.: ;.: ..., , _; Monitorin Water Servlce Prior to issuance of each building Among the water conservation measures to be shown on plans and implemented by the Public Utilities permit; to be Implemented prior to final building and loning 6nspections property owner/developer shall include the following: Department, Electric Usa of low-flow sprinkler heads ln irrigation system Services Administration, Resource Efficiency; Use of waterway re-circulation systems Community Services Department, Parks • Low-flow fiflings, fixtures, and equipment, including low flush toilets and urinals Division Use of self-closing valves on drinking fountains Use of reclaimed water for frrigation and washdawn when it becomes available Continuation of the existing cooling tower re-circulation system Usa of effGent irrlgr~4ion synems such as drip irrigation and automa8c systems which use moisture sensors Low-flow shower heads in hotels ~ Water-efficfent ice machines, dishwashers, ciothes washers, and other water-using applisnces Use of irrigation systems primarily at night when evaporation rates are lowest Provide information to the public in conspicuous places regarcling water conservation Use of water-conserving iandscape 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 owneNdeveloper stiall submit a certified water audit for landscape frrigation P~ablic Ulilities build(ng inspection systems. Department, Electric Services Administration, Resource Efficiency ~y,i.,~a« sa-v~ Mitigation Monitoring Plan No. 004 Project: Puinte~Anaheim Page 22 . . . Timing . . Nqeasure - ; Responsible for Prior to issuance of the first building permit The property cwneddeveloper shall comply Nnth the adopted Anaheim Reso~t Waier Facilities MonfRorin Public Utilities Fee Program (Rule 15E of the Water Utiliiies Rates, Rules and Reguiations per Resoiution No. 95R-14U effective Sept~mber 1 1995 . Department, Water Prior to approval of the Final Site Plan; and, prior to final building and The water bacY,flow ec;iaipment and any other large water system equipment shall be shown on plans to the satisfaction of the Pubiic Utilities De artment W t U i Servic2s Division Pubiic Utili4ies zoning inspections p , a er t lity Division, in either und~rground vauits or behind the Setback Reaim area in a m f l Departmenl, Water anner u ly screened from all nuhlir. Nroafc on.~ flue„~. .,..a •ti., a.,..:c.:-- -- ~~. ~ _ . _ _. .. . . Services Division nor to approval of the first subdivision mop or issuance of the ~~~~~micu ni nc:w~uaI1GC Wllfl if18 ians. Propecty owner/developer shall enter inio an agreement reconded against the property with the City of Anaheim, to the satisfaction of the Utilities Department and Cit f A ' Public Utili!ies first grading permit or building pertnit whichever occurs firsl y o naheim Attomey s Office, to guarantee the property owner/developer's participation in water s stem i Department, Water Services Division , mprovements necessitated by the project. The agreement shall contain provisions requiring the property owneNdeveloper to pay or cause to be aid its fair sh f p are unding for said improvements and/or wnstnict said improvements, if determined to be necessary by the Utilities Department, with reimbursement by other beneficiaries i l n accorc ance with the Utility Rates, Rules, and Regulations. Costs shall include the payment for consultanUcontractor services for the preliminary engineering, soils analysis, right-of-way acquisition, demolition, construction and inspection and any othor related e , xpenses. Further, the property owner/developer shall submit an engi~eering report and phasing pian for review and approval by the Utilities Department setting forth the extent and timing of the w t a er system improvements necessitated by the project for use in implemenling the agreement The . property owneddeveloper shall at all times perform its obligations es set forth In said Pnor to the first final buiiding and The pro ert ownedd l zoning inspection p y eve oper shall comply with the Sewer impact and Improvement Fee Program for the South Central City Aroa (per Orclinance No 5d90 d Public Works D . an Resolution No. 95R-60 dated April 18, 1995). This SCASDS Fee Progrsm applies to the sewer discharge generated Design Division above the rate from the existing building footprints (prior to demolition) and up to the maximum of 8Sfl,000 peak gpd. This Fee Program daes not apply and mitigaie the need of the rev erse sewer line !n Katell~ Avenue. Prior to the first final building and A reverse-flow ublic se li zoninp inspoction p wer ne shali bo canstructed in Katella Avenue from a point east of the 1-5lAnaheim Boulevard to State College Boulevard to ac d t Public Warks D~ commo a e the sewage flow in excess of that projected from the land us~s pertnilted by The Disneyland Resort Specific Plan within Design Division the boundaries of Pointe Anaheim, which cttnnoi be accommodated by current capacity. Line sizing and implementation of this merasure will be as follows: • Analyze the Pofnte Anaheim sewer flows with the City's updated Bas(n 8 model :~ determine local sewer impacts and downstream im acts t th K p o e atella sewer system. v~y,t,Rao~ sa-v9 Mitigation Monitoring Plan No. 004 Project: Pointe~Anaheim Page 23 ; Timing .; _ .. <. , .. : ; <' ' Measure : ; ~ :;. Respo~sible fo >: >::: r ! ' _ , . ; ,:: ;: - MonftoNng • Detertnine the size and limits or a new public sewer in Kateila, east of Interstate 5 to , intercept and redireC flows from the ASAMLUP tributaries. Storm ~ralns • Coordinate ail anal sis findin s, and conclusfons for a roval with the Cit ~ of Anaheim. Prior to Issuance of the firsl building Pe~~~ The property owneNdeveloper shall comply with the Storm Drain Impad and Improvement Fee Public Works Department, Program for the South Ceniral City Area (per Ortiinance No. 5491 and Resolution Plo. 95R-61 Design Division dated April 18, 1995); or, ihe City may enter into altemative financing arrangements with the ro eri ownPNdevelo er rior to a roval of the first Gradin Plan . Electrlcf Prior to issuance of ea ~h building The property owner/developer shall submit plar.s showing that each of the projecl's buildings Public Ulilities permit will comNly with the State Energy Conservation Standards for New Residential and Department Electric Nonresidential Buildings (Title 24, Part 6, Article 2, Califomia Code of Regulations). , Services Administration, Prior to issuance of each building In order to conserve energy, the properiy owner/developer shall implement numero~s energy Resource Efficienc Public Utilities pertnit; to be implemented prior lo each final building and zoning saving practices in compliance with Title 10, which may include the (ollowing: Department, Electric inspedion . Consuitation with the City energy-conservation experts for assistance with energy- Services Administration, Resources Efiiciency conservation deslgn features. • Use of high-efficiency air conditioning systems controlled by a computerized munagement system including features such as a variable air voiume system, a 100-peraant outdoor air ecnnomizer cycle, sequential operat(on of r~ir conditioning equipment in accordance with buiiding demands, isolation of air conditioning to any selecled floor or P.oor,;. • ~se of elect~ic motors designed to conserve energy. • Use of special Ifghting fixtures such as motion sensing Ifght switch devices and compact fluorescent fixtures (n piace of incandescent lights. • Use of T8 lamps and electronic ballasts. Metal hallide or high-pressure ,odium for ouldoor ti htin and arkin lots. Prior to issuence of the first building The properiy owneddeveloper shall install electrical and communication conduil and Public Ulilities PB~~~ substructures within the development site to provide for elactrical dislributian to servQ the Department Electric Prior to issuance of the first building various uses wiihin the develo ment. The property owner/developer shall pay fees in accorclance with Anaheim's Electric Rates , Services AdmEnistration Public Ulilities permit , Rules & Regulations for Instellatfon of backbone cabies, switches and rela4ed faciiities to Department Electric rov(de eleclrical dfstribution to the develo ment site. , Services Administration r,.m~i,haa S•7•99 Mitigation Monitoring Plan No. 004 ProJact: Pointe~Anaheim Page 24 Timing _ _' ' Measure Responsible for Prior to issuance of each building The ro e~t o eNd l oNn er it p p y wn eve oper shall pay fees in accorclance with Anaheim's Eleclric Rates Public U tities p m , Rules and Reguletions for electrical comm<srcial/industria! services for specific uses within the development site. Department, Electric Services Administration Prior to the issuance of the firsl Anal sis d lid ti building permit y an va a on of avaiiable electncity capacity will be conducted to the satisfaction of Public Ulilities the Public Utilities Department and, if deFrmed necessary, a~ditional mitigation will tze provided by the property owner/developer to the sritisfaclion of tbe Public Utilitie D rt Department, Eleclric s epa ment, if the property owneddeveloper proposes to build the movie theater complex. Services Adminislration ldatural Gas Prior to issuance of each building permit The property owner/developer shall submit plans which shall ensure that h~itdings are in Public Utilities conformance with the State Energy Conseevation Standards for nonresidential building (Title Department Eiectric 24, Part B, ARicle 2, Califomia AdminiMrative Code). , Services Administration, Prior to each final building and zoning inspeclion The property owneddeveloper shall implement a program (fhe Southem Califomia Gas C Resource Efficienc Planning DepaRment ompany has developed several programs which are intended to assist in the seledion of the , Building Division most energy-efficient weter heaters and fumaces.), as required, to reduce the demand on natural gas supplies. TelevJsJon Service/Rece tJon Prior to issuance of tho first building perTrdt A pre-projed study of area televisfon reception shall be undertaken by tho propertY Planning DepaRmenl owner/developer to d~te!snine baseline conditions; and, six months after topping out, a fotlow- up study of area television receptian shali be undertaken immedi t i b , Pfanning Division a e y y the property owner/developer. If the City of Anaheim det~rmines that the proposed project creates a significant impact on broadcast television reception at locat residences, a signai booster or relay system shali be installed on the roof of the tailest proJect building to restore broadcast television rece tion to its orI inal condition as soon as racticable HAZARDOUS MATERIALS . Prior to approvai of the first grading plan or issuance of the first Invesligation for the presence of cryptic tanks using geophysical melhods shall be conducled in the subJect area for the property owner/developer by a qualified environmental rof l l i Fire Department, demolition permit, whichever occurs p ess ona n the areas of former service stations and those areas known or thought to have been formeriy Environmental Protection Seclion first occupied by USTs and where tank removal has not been verified prior to excavation or g~ading in these areas. Soil sempling or a soil organic vapur survey may be required if soil sampling results are not avaflable or indfcate contamination Is present above regulatory guidel(nes. If warranted , subsurtace investigation and sampling shall be undertaken in these areas, and appropriate remediatfon measures developed, if necessary, before demolit(on, excavation, or grading takes lace in these areas. panunpt~neoc S•7•99 Mitigation Monitoring Plan No. 004 ProJect: Pointe~Anaheim Paae 25 Timing , ` Measure '" Responsible Tor Prior to removal of underground tanks anf i A permit shall be obtained from the Environn~ ...a. ~rotection Section of the Fire De~arlment Fire Departmentn for removai of underground tanks by the property owr~eddeveloper. During removal of the underground storage tank, a representative from the Fire De artment E i Environmenlal Protedion p , nv ronmental Proteclion Section shall be onsite to direct soil sam lin Section On-going during remediation . Remediatio ti ili n ac v es conducted on behalf of the property owneddeveloper of surface or Orange County Health subsuriace contamination not related to USTs shail be overseen by the Orange County Heallh Department; Pubtic Department. InfoRnation on subsurtace contamination from an underground storage tank shall be provided to lhe Public Utilities Depariment Water Services Administratio E i Utilities Department, , n, nv ronmental Services. Water Senrices Administration, Prior io approval of the Tirst grading The property owneddeveloper shall submit a plan for review and approval oi the Fire eNices ' plan or issuance of the ftrst demoliifon permit, whlchever occurs Department, which details procedures that will be taken if a prevfously unknown UST or olher unknown hazerdous materiais or waste is d(scovered onsite F ~e Department, Environmental Protection first . Sedion; Oranpe County Health Department Prior to relocation of any transformers within the Project The transformers shall be lested by the propeRy owneddeveloper for PCBs. Public Utili;ies boundaries that may contain PCBs Department, Electric which are being moved or relocated Services Administration as art of ro ect develo ment Prior to approval of a grading plan A subsurface investigation and sampiing, if needed, shall be undeRaken by a qualified Public Utilities environmental professional for the property owneNdeveloper to the salisfaclion of the Public Utilities DepaAmant, Water Services Admfnistrbtion Environmental S i t d Department, Water , erv ces, o etermine if the former Chevron station's USTs and/or bu~iness pra~tices have environmentally impaded Services Administration, Environmental Services the subject property. Prior to approval of a grading plan A physfcal ins eclion of th t i ri p e n e ors oi 1731-1741 and 1751-1755 Sauth Clementine Street (to b ' Or~nge County Health e renamed Freedman Way~, as well as the surraunding grounds, shall be conducted by a DepaRment; Fire qualified environmental professional for the property owneddeveloper to lhe satisfaclion of the Orange County Healtli DepartmenUAnaheim Fire Department to accuralel asse Department, y ss any potential presence of hazardous waste malerials at said propeRies. Wher~ possible interviews Environmental Protection Seclion , with propeAy owners and/or company representatives shall be wnducted to obtain information on the hazardous material usage histories and hendling preclfces of the siles and if available , , copies of conteminant investigation reporis shall be revlswed to evaluale the presence and level of hazardous substances in the sofl at each prop?~cy. The results of this investigation shall be submitted to the Orange County Health Dep~~r'im~+nt and the Anaheim Fire Department for review and approval. a.~,~y,~.n.aa sa.~~ of LBP Ail aspects of Title 8, Califomia Code of Regulation, § 1523.1 shall apply. These include Fire Department, manual demolition, manual scraping, manual sanding, heat gun appiications, general cleanup, Environmental Pratection power tool cleaning with dust coliection systems, and spray painting. At a minimum, half-mask Section air purifying respirators shall be utilized during lhese types of tasks. In additior~, all other aspecls of Title 8, Califomi~ Code of Regulations, § 1523.1 shall appiy. These inciude employee exposure assessment respiratory protection program, protective clothing, housekeeping, hygiene facilities and practices, medical surveiliance program, proper employee training in the hazards of working with lead-containing m2terials, posting of waming signs, engineering controls, amployer record keeping observation monitorine, and observation procedures. ng demolition Appropriato disposal of lead and other hazardous materials to landfill shalt be required, Fire Department, depending on waste characterization. 7he State of Califomia requires that all waste streams be Environmental Protection characterized based on Weste Extraction Tests (WE'~, such as total Soluble 7hreshold Limit Section ~,...,.,,..~..,.:,._.. .~T~ ,.. .- ~-~- • • --- -- ---. .__ .... ...................~„~. SO RCES AND AE87HETICS Prior to approval of the Final Site The property owneddeveloper shall submit plans which illustrate that all mechanical equipment Planning Depariment, Plan; to be implemented prior to and lrash areas for the subjec4 buildings wili be screened frum adjacent public streets. Planning Division final buildin and zonin ins ections Prior to approval of the Final Site The property owneddeveloper shail submit a landscape and irrigation plan. This plan shall be Planning Department, Pian prepared by a licensed landscape architect. The landscape pian shall include a phasing plan Planning Division far the installation and maintenance of landscaping associated with the Final Sitp Pian. Prior to the final building and zoning inspection The property owneddeveloper shall participate in a landscape assessment and maintenance district, as adopted for the Anaheim Resort. Cily Attomey's O Prior to submittal of the Finai Site If the height of an buildi it Pian y ng ons e is higher than shown on the conceptual plans/exhibits Planning Departn submitted in connection with Conditional Use Pertnit No. 4078, the property owner/developer shall submit a shade and shadow analysis to the Planning De ariment f i d Planning Division p or ~CV ew an approval demonstrating that the proposed structure(s} would not create significant shade and shadow impacts on edjacent lend uses. A signiflcant shade and shadow impact would occur when outdoor active areas (e.g., eating areas along Harbor Boulevard, hotel/motel swimming pool areas etc. or structures that inGude sensitiva uses~.g., residences) have windows that ~~,aiu~a~ s-~-~~ Mitigation Monitoring Plan No. 004 ProJect: Pointe~Anahoim Page 27 Timing ` _ < ::. ; ,, , Measure , ; : : > ': Responsible to r 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 o d ~ioni4orin ccur an the building setback, architectural massing and landscape requirements provisions set forth in Section 5 0 . , Design Pian of the Anaheim Resort Specific Plan, do not function as feasible mitigation a me sures, addit(onai technical review of the structure(s) will be required. The height of ail struciures shail not exceed the maximum height pertnitted b The Dis l d y ney an Resort Specific Pian. Prior to approval of the Final Site Pian The property owneNdeveloper shall submit plans which detail the lighting system for the o d Planning DepaAment pr pose proJect. The systems shall be designed and maintained in such a manner as to conceal IighF sources to the extent feasibie to minimize li ht ii , Planning Division g sp tage and glare to the adjacent uses. Ttie pians shall be prepared and slgned by a licensed elactrical engineer with a letier CULTURAL RESOURCES , from the en ineer statin that in the o inion of the en inecr, this re uirement has been met. Prior to approval of each gradfng p~~° The property owneddeveloper shall submit a letter identifying the certiAed archaeologist that has boen hired to ensure that the fnllowing aclions are im leme l d Public Works Department, p n e : Development Services a. The archaeologist must be present at the pregrading conference in orcler to establish Division procedures for temporarily haiting or redirecting work to permit the sampliog, identification, and evaluation of artifacts if pote~t(ally si nifica t rtif t g n a ac s are uncovered. If arlifacts are uncovered and determined to be significant, the archaeological observer shali determine appropriate actions in coaperation with the property owneNdeveloper for exploration end/or salvage. b. Specimens that are collecled prior to or during the grading process w11E be donated lo an appropriat9 educational or research institution. c, Any archeaological work at the site shall Ge conducted under the direction of thQ cedified archaeologlst. If any artifacts are discovered during grading operations when the archaeoloatcal monitor is not present, grading shall be diverted around the area until the monltor can survey the area. d. A fina! repc~rt detailing the Tindings and dispositi4n of the specimons shall be submitted to the City Engineer. Upon completion of tho gradin the aroh l i g, eeo og st shall nol(fy tho City as to when the flnal report wiil be submitted. ~t.,ta« 5-7-99 Mitigation Monitoring Plan No. U04 Project: Pointe~Anahelm Page 28 '< ;Timmg , ; - _ ; ' Measu~ . . ,-.: .,, . ,.: ~:, ~.g .,,. ._ . ' ;i , Responsiblefor Prior to approval of each grading The pro eri ownedde l plan p y ve oper shall submit a letter ldentifying the certified paleontologis'c that h Pu61ic Works Departm as been hired to ensure that the fullowing aclions sre implemented: Development Services a. The paleontologist must be present at the pregrading wnference in order to estabiish Division procedures to temporarily halt or redirect work lo permit the sampling, identification and , evalua(ion o! fossils if potentially significant paleontological resources are uncovered If . artifacts are unwvered and found to be signfficant, the paleontological observer shall , determine approprlate actions in cooperation with the ptopert owneddev l f y e oper or exploraQon and/or salvage. b. Specimens that are collected prior to or during the gradfng process will be donated to an appropriate educational research inslitution. c. Any paieontolog!cal work at the site shall be conducted under the direction of the ceriified paleontologist. !f any fossils are discoverad during grading operations when the paleontological monitor is not present, grading shall t,e diverted around the area until the monftor can survey the area. d. A final report detailing the findings and disposition of the specimens shal! be submitted . Up~n completion of the grading, the paleontologlst shall notify the City as to when tha final report will be submitted. Prior to issuance of each b~ilding Tho propeiiy owneNdeveloper shall demonstrate on plans that fuel-efficie~t modeis of gas- Planning Deparir peitnit powered building equipment have been (ncorporeted into the proposed pu~ject to the eMent Bu(Idirg Division feasibie. p+nunplan.duc S•7•99